Housing development: density bonus.

Removed the summary paragraph stating that the definition of moderate-income household includes lower income households, very low income households, and extremely low income households. This narrows the stated scope of who qualifies as moderate-income for density bonus purposes.

Added a new summary paragraph (7) providing that the bill incorporates additional changes to Section 65915 of the Government Code proposed by AB 2480, SB 1383, or both, operative only if this bill and those bills are all enacted and this bill is enacted last. This is a coordination mechanism to handle potential conflicts between concurrent legislation.

Renumbered summary paragraphs (3) through (7) down by one to (2) through (6), and shifted the statewide concern and state-mandated local program paragraphs from positions (6)/(7) to (6)/(8) to accommodate the new coordination paragraph.

Applicants who provide a base density study may now elect to receive a density bonus as a percentage increase in maximum floor area ratio rather than only as additional dwelling units per acre. This gives developers more flexibility in how the bonus is applied, particularly on sites where FAR is the binding constraint.

A new provision states that when a density bonus is received in the form of increased maximum floor area ratio, floor area ratio shall not be considered a 'development standard.' This prevents local governments from citing FAR limits as a basis to deny or reduce the bonus under the waiver/reduction provisions.

The definition of 'maximum allowable residential density' or 'base density' was expanded to include an additional trigger: the dwelling-units-per-acre calculation method now also applies when 'an applicant elects to provide a base density study,' not only when no per-acre standard exists in local zoning.

The June 29 version included language requiring that a housing development project meeting CEQA exemption criteria, density bonus eligibility, and affordability requirements be treated as 'a use by right and subject to ministerial review.' This was removed entirely in the August 10 version, meaning qualifying projects no longer automatically gain use-by-right status.

Multiple instances of 'Notwithstanding any other law, the granting of...' were changed to simply 'The granting of...' for density bonuses, incentives, concessions, and waivers. This removes explicit statutory override language that would have made these provisions trump conflicting local or state laws.

New paragraph (C) in subdivision (i) establishes criteria for applying density bonuses across multiple sites or phases: projects must either be on one site by the same applicant, a multi-phase project with documented fiscal interconnectedness between components, or include an enforceable legal commitment to develop affordable units prior to completion of all phases.

Multiple instances of 'the granting' were changed to 'the The granting' in subdivisions (i)(4), (f)(6), and (j)(1)(A), which appears to be a drafting error introducing a duplicated article.

Bill findings section renumbered: former paragraph (8) became (7), and the state-mandated local program finding moved from (9) to (8), with a new (9) inserted. Page numbers changed from 96 to 95 throughout due to content reorganization.

The provision to rename the Density Bonus Law as the 'Affordable Homes Bonus Program' was removed. The law retains its existing name.

A requirement that local government meeting agendas discussing density bonus projects must include the words 'affordable homes bonus project' or 'density bonus project' in the agenda title was removed entirely.

The provision allowing applicants to use a site's entire floor area ratio for residential use to calculate base density was removed from the bill.

The procedures and timelines requirement was simplified from a two-part structure (separately requiring timelines for notifying eligibility and processing applications) to a single requirement to adopt procedures and timelines for processing a density bonus application.

The geographic area provisions were simplified. The previous version explicitly removed requirements that units be on contiguous sites and that density bonuses be in areas separate from lower income units. The new version replaces this with a simpler requirement that the bonus apply to sites that are the subject of one housing development application, the same housing development.

The previous version would have increased the number of incentives or concessions an applicant is eligible to receive. The new version only makes revisions to certain calculations related to incentives or concessions, without increasing the count.

Amendment date updated from April 7, 2026 to April 22, 2026, with the prior date retained as a secondary amendment marker.

Coauthors Assembly Members Bryan and Wicks were added to the bill's introduction line.

Summary language simplified from 'the subject of one housing development application, the same housing development, as specified' to 'the subject of the same housing development, as specified,' removing redundant phrasing without changing meaning.

The granting of a density bonus, incentive or concession, or waiver or reduction of development standards changed from 'shall be discretionary' to 'shall not be discretionary,' making it a ministerial (mandatory) process rather than one where local governments can exercise judgment to deny.

When a local government deems an application complete, it must now provide the applicant with an affirmative determination that the project is eligible for a density bonus, in addition to specifying the amount of bonus and other details.

The trigger for the density bonus requirement changed from 'when an applicant seeks a density bonus' to 'when an applicant submits an application for a housing development that a city, county, or city and county determines meets at least one of the criteria,' shifting eligibility determination to the local government.

The digest indicates the bill revises provisions related to permitting a density bonus relative to geographic area, instead requiring a density bonus, incentive, or concession on sites that are the subject of one housing development application, replacing the prior framework that allowed bonuses within or outside the geographic areas where affordable units are located.

Several cross-references to specific code sections defining income categories (e.g., Section 50079.5 for lower income households) were removed from the operative text, simplifying the statutory language while presumably relying on existing definitions elsewhere.

The CEQA exemption provision now references the 'Density Bonus Law' rather than the 'Affordable Homes Bonus Program,' and the bill adds that granting an incentive or concession shall not require a study, in addition to not requiring a general plan amendment or other discretionary approval.