San Diego lawmaker pushes for bill to change California Density Bonus Law, passes State Assembly

SAN DIEGO, Calif. (FOX5/KUSI) — Assemblymember Tasha Boerner’s (D-77) bill in response to Project Vela, a controversial 23-story high-rise in Pacific Beach, passed the Assembly floor on Wednesday.  

Assembly Bill (AB) 87 will help ensure that the state’s Density Bonus Law (DBL) is primarily used for residential spaces instead of resorts, hotels or other “visiting-servicing” purposes. 

Project Vela is a proposed 238-foot-tall building, composed of 200 units. Of these units, 139 are for “visitor accommodation,” 65 will be market-rate units and only 10 will be targeted for low- and moderate-income tenants. 

By using California’s current DBL, the development hopes to bypass local regulations and laws. AB 87 aims to stop developments like Project Vela from using DBL for these purposes. 

“California is not in a hotel crisis; we are in a housing crisis,” Boerner said in a news release. “Developers are exploiting a loophole in the Density Bonus Law to profit from projects that were meant to assist families struggling with housing.” 

Boerner stated that AB 87 is a direct response to Project Vela. The bill was passed by with 54-0 votes in the Assembly. 

AB 87 specifically, “prohibits an incentive or concession granted under Density Bonus Law (DBL) from being applied to the hotel, motel, bed and breakfast inn, or other visitor-serving portion of a mixed-use development project.” 

The bill now awaits approval from Governor Gavin Newsom before it is signed into law. 

“I am proud to take a stand against these misguided developments and protect hardworking families in our state,” Boerner stated.