New AG opinion on density bonus
Posted: Thu Apr 11, 2019 8:54 am
For those of you who do land development:
The Density Bonus Law (Gov. Code, §§ 65915-65918) rewards real estate developers who provide affordable housing by permitting them to build additional units, called “density-bonus units.” May a city or county condition its grant of a developer’s application for a density bonus upon the developer’s payment of a “public benefit fee” that is imposed only on the density-bonus units?
CONCLUSION
No. A city or county may not condition its grant of a developer’s application for a density bonus under the state Density Bonus Law upon the developer’s payment of a public benefit fee imposed only on the density-bonus units.
The Density Bonus Law (Gov. Code, §§ 65915-65918) rewards real estate developers who provide affordable housing by permitting them to build additional units, called “density-bonus units.” May a city or county condition its grant of a developer’s application for a density bonus upon the developer’s payment of a “public benefit fee” that is imposed only on the density-bonus units?
CONCLUSION
No. A city or county may not condition its grant of a developer’s application for a density bonus under the state Density Bonus Law upon the developer’s payment of a public benefit fee imposed only on the density-bonus units.