Sunnyvale planning commission hears housing-law refresher on density bonuses, waivers and the Housing Accountability Act

Sandy Lee, deputy city attorney for Sunnyvale, gave the Planning Commission a focused refresher on state housing laws March 10, explaining how the density bonus statute, concessions and waivers and the Housing Accountability Act govern local review of many housing projects.

"I'm just going to provide a mini housing law refresher focusing on a couple of very important laws that the planning commission deals with frequently," Lee told commissioners at the start of her presentation, which the city paired with commentary from a planning official, Sean Mendren.

The presentation outlined four incentives available under the state density bonus law: additional units (a density bonus), concessions (typically one to five), waivers of development standards that would physically preclude construction at the allowed density, and reduced parking within statutory maximums. Lee told the commission that a project that meets the eligibility thresholds is entitled to these incentives unless the decision maker makes narrow written findings to deny them.

The city code was cited as a local baseline: projects of seven units or more in Sunnyvale are generally required to include 15% below-market-rate (BMR) units, a threshold that typically qualifies those projects for the state density bonus. Lee said affordable units must be restricted for a long term under state law; she…