The housing developers are getting advantage of California’s Density Bonus Law which is a mechanism that allows them to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units.  This law is to facilitate developers with powerful tools for the development of affordable and senior housing and includes a 35% increase in project densities for most projects, depending on the amount of affordable housing provided, and an 80% increase in density for projects which are completely affordable.  This law is a package of incentives intended to help make the development of affordable and senior housing. The density bonus can be particularly helpful in those jurisdictions that impose housing requirements for new developments.

The city or county is required to grant the concession or incentive proposed by the developer unless it finds that the proposed concession or incentive does not result in identifiable and actual cost reductions, would cause a public health or safety problem, would cause an environmental problem, would harm historical property, or would be contrary to law. The Density Bonus Law restricts the types of information and reports that a developer may be required to provide to the local jurisdiction in order to obtain the requested incentive or concession. The local jurisdiction has the burden of proof in the event it declines to grant a requested incentive or concession. Financial incentives, fee waivers and reductions in dedication requirements may be, but are not required to be, provided by the city or county. The developer may be entitled to the incentives and concessions even without a request for a density bonus.