February 25, 2005
Memorandum
To
Clients & Other Interested Parties
From
Goldfarb & Lipman LLP
RE
Frequently Asked Questions Regarding SB 1818 (Density Bonus Law)
Here is a guide to the revised California Density Bonus Law (Government Code section 65915), which went into effect on January 1, 2005. The guide was prepared by the California Chapter of the American Planning Association. It describes the bill's major provisions, analyzes key provisions, and answers some of the questions most frequently asked about the new law. In some cases, ambiguities in the bill lead to varying interpretations. Barbara E. Kautz of this office helped to draft the guide (which does not represent our legal advice).
The law provides substantial regulatory incentives for projects that include affordable housing. It requires that all cities and counties adopt an ordinance conforming to the provisions of the revised Density Bonus legislation. In helping clients draft conforming ordinances, we have found that there are frequently questions regarding how to integrate the Density Bonus Law with existing inclusionary ordinances, including such issues as varying definitions of affordable cost, terms of affordability, and resale provisions.
For more information about the new Density Bonus Law, please contact Barbara E. Kautz (bkautz@goldfarblipman.com), Rafael Mandelman (rmandelman@goldfarblipman.com), Polly Marshall (pmarshall@goldfarblipman.com), or any other Goldfarb & Lipman attorney at 213-627-6336.