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Planning staff outlines limits of state density bonus; commissioners push for standards to protect light, air and open space
Summary
Planning Department staff briefed the commission on California's state density bonus law and its limited local discretion; commissioners asked staff to work with DBI and return with objective standards to safeguard light, air and open space for residents.
Kate Connor, a Planning Department staffer, gave an overview of California's state density bonus law and explained how it constrains local review. She said the law (adopted in 1979) grants additional development capacity when projects provide on-site affordable units and that local jurisdictions may only deny incentives, concessions or waivers when there is a "specific adverse impact on public health, safety, or a property listed on the California Register of Historic Resources." Connor noted projects subject to the Housing Accountability Act are largely treated as code‑complying even when they request waivers and incentives,…
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