Berkeley, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- State law
- Gov Code 65915
- Maximum bonus
- Up to 100 percent
- Local code
- BMC Title 23
- Recent expansion
- AB 1287 (2023)
- Appeal body
- Zoning Adjustments Board
Summary
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.
65915. (a) (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section.
Full Breakdown
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.
Violations & Fines
Cities that improperly deny density-bonus concessions face state Housing Accountability Act lawsuits and potential court-ordered approval plus attorney fee awards to applicants.
Frequently Asked Questions
Can Berkeley reject a density-bonus project?
Does the bonus reduce parking requirements?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in Alameda County handle density bonus law.