What is State Density Bonus Law and What are the Benefits?

California's State Density Bonus Law (California Government Code Sections 65915–65918) encourages the development of affordable housing by allowing qualifying residential projects to:

1. Increase the amount of residential development permitted on a site; and
2. Receive relief from certain development standards.

The City of Novato is required to provide density bonus benefits when a proposed housing development project, containing five or more residential units, meets the eligibility requirements established by state law. Depending on the type of qualifying project and the percentage of affordable units provided, applicants may be eligible for one or more of the following benefits:

Does My Project Qualify?

A housing development project containing five or more residential units may be eligible for a density bonus if it includes one or more of the following:

• Affordable housing units for very low-, low-, or moderate-income households 
• Senior housing developments 
• Student housing developments that meet State law requirements 
• Qualified common interest developments 
• Other qualifying housing types identified in State Density Bonus Law 

How to Apply

Applicants must submit a completed Density Bonus Supplemental Application along with supporting documentation demonstrating eligibility.

Required submittal materials include:

• Proposed unit mix and affordability levels 
• Affordable housing calculations 
• Requested Density Bonus 
• Requested incentives, concessions, waivers, or parking reductions 
• Supporting information demonstrating eligibility under State law 
• Any additional information necessary to evaluate the request 

A complete application will help facilitate timely review. Planning staff are available to answer questions regarding eligibility, application requirements, and the review process.

When Can the City Deny a Request?

State Density Bonus Law requires the City to approve qualifying Density Bonus requests unless specific findings can be made under State law.

For example, the City may deny an incentive or concession, only if it determines that the request would:

• Not result in identifiable and actual cost reductions necessary to provide affordable housing; 
• Have a specific, adverse impact on public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact; or 
• Be contrary to State or federal law. 

The City is not required to waive or reduce development standards if the waiver or reduction would:

• Have a specific, adverse impact, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
• Have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
• Be contrary to state or federal law.  

Important Information

State Density Bonus Law is governed by California Government Code Sections 65915–65918. Where there is any conflict between State law and Novato's Municipal Code, State law controls.

Planning staff may assist in providing general information and clarification in the preparation of application materials, however, applicants are encouraged to consult with a design professional, legal counsel or similar professionals that are familiar with California’s state density bonus law and/or housing law, in the preparation and submittal of application materials.