California Density Bonus Law lets developers exceed San Bernardino County zoning density by up to 50 percent in exchange for affordable units. Recent updates under SB 1287 and AB 1287 raise the maximum bonus to 100 percent for highly affordable projects.
California Government Code 65915 grants density bonuses, parking concessions, and waivers of development standards in exchange for restricted affordable units serving very-low, low, or moderate income households. The bonus scales from 20 percent to 50 percent depending on the affordability percentage. AB 1287 (2023) authorizes additional bonuses up to 100 percent for projects that combine moderate and very-low income units. Counties cannot deny density bonus applications meeting state criteria. Approval is largely ministerial. San Bernardino County integrates Density Bonus Law into its Development Code Chapter 84.18.
Improperly denying a qualifying density-bonus project can expose the county to attorney-fee awards, court-ordered approval, and Department of Housing and Community Development enforcement under the Housing Accountability Act.
See how Ontario's density bonus law rules stack up against other locations.
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