Court Provides Further Clarity on State Density Bonus Law


In the recent case of Wollmer v. Cityof Berkeley, the Court of Appeal, First Appellate District, Division 1 provides valuable additional guidance concerning the application of Government Code section 65915, the Density Bonus Law. The case reinforces the ability of local governments to grant density bonuses above and beyond what is authorized by the Density Bonus Law, and clarifies that issuance of variances, or other concessions, is mandatory, depending upon the percentage and type of affordable housing that is to be provided.

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