Berkeley implements California Government Code 65915 density bonus, granting up to 50 percent additional units and concessions for projects providing affordable housing, with local procedures in BMC Title 23.
The state Density Bonus Law, codified at California Government Code Section 65915, requires Berkeley to grant up to 50 percent additional units, fee waivers, and parking reductions to projects that include qualifying affordable housing. Berkeley implements the law through BMC Title 23 zoning procedures and the Affordable Housing Mitigation Fee program. Recent state amendments such as AB 1287 expanded the bonus to 100 percent for very-low-income projects. Berkeley Planning processes density-bonus applications concurrently with use permits and design review, and disputes over concessions can be appealed to the Zoning Adjustments Board and ultimately to court.
Cities that improperly deny density-bonus concessions face state Housing Accountability Act lawsuits and potential court-ordered approval plus attorney fee awards to applicants.
Berkeley, CA
Berkeley has one of the oldest just-cause eviction ordinances in the US. Landlords must cite a specific legal reason from BMC Chapter 13.76 to terminate a te...
Berkeley, CA
Berkeley applies higher densities and reduced parking near BART stations and major AC Transit corridors through Downtown, Adeline, and Telegraph plans, align...
See how other cities in Alameda County handle density bonus law.
See how Berkeley's density bonus law rules stack up against other locations.
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