Commissioners question use of density‑bonus concession to alter local inclusionary requirements for Clearview project

A significant point of debate during the Clearview Way hearing centered on the applicant’s request for a state density‑bonus concession to allow the below‑market‑rate (BMR) units to be all three‑bedroom homes rather than distributing unit types across the site as the city’s inclusionary ordinance normally contemplates. Commissioner Bush and others said they understood why the concession was being requested but worried that using concessions to alter the spirit of the inclusionary program could set a precedent.

Commissioner Bush said the concession made her “uncomfortable” because the inclusionary ordinance is intended to spread affordable units of various sizes throughout a development rather than concentrate a single unit type in particular locations; she acknowledged the financial constraints developers face but said the commission should note the tradeoffs. The applicant said the concession was necessary for financial feasibility and cited another Bay Area municipality that approved a similar approach. Staff advised that State Density Bonus and AB 130 provide the legal basis for concessions and waivers but commissioners debated whether the city’s inclusionary goals were being compromised.

The commission did not reject the request; rather it approved the overall project with conditions but flagged the issue in discussion. Several commissioners urged future attention to how concessions interact with local inclusionary rules and recommended monitoring comparable projects and outcomes.