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Planning staff briefs commission on state density bonus law and limits on local preservation discretion
Summary
Planning staff explained how state density bonus law and the Housing Accountability Act limit the Historic Preservation Commission’s discretion to deny incentives, waivers, or concessions except where there is a "specific adverse impact" to public health/safety or a resource listed on the California Register; commissioners asked staff to prepare a list of California Register resources and consider a future agenda item and letter to the state.
Planning Department staff told the Historic Preservation Commission on Oct. 18 that California’s state density bonus law and the Housing Accountability Act substantially limit local discretion over certain housing projects, including waivers and incentives often sought in exchange for affordable units.
"The city is incredibly limited in its discretion and can only deny an incentive or a concession if it does not result in actual cost reductions, or if it would have a specific adverse impact on public health or safety or on a resource that is listed on the California Register," planner Kate Connor said, summarizing the department’s interpretation.
Connor described…
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