Density Bonus
Originally enacted in 1979, California's Density Bonus Law (California Government Code § 65915) allows a developer to increase density on a property above the maximum set under a jurisdiction's General Plan land use standards.
Over nearly 45 years, Density Bonus Law has been periodically revised. This page intends to provide jurisdictions and housing developers with informal guidance on the latest amendments to Density Bonus Law and geographic applicability of those changes across Sonoma and Napa Counties.
AB 1763 (2019)
AB 1763 amended the Density Bonus Law to allow 100% affordable housing projects to be built denser and taller. This bill increased the density bonus to 80% for projects that are 100% affordable at the low and very low income levels. It also allows for a height increase of up to 33 feet or three stories for projects within one-half mile of a major transit stop. AB 1763 provides a fourth incentive to developers of 100% affordable projects. This bill eliminates local parking requirements for projects that qualify as a special needs or supportive housing development.
AB 2345 (2020)
AB 2345 amended the California Density Bonus Law to increase the maximum density bonus from 34% to 50%. This bill increases the set aside of on-site affordable units required to obtain the maximum density bonus as follows:
Very Low Income: 15% of units
Low Income: 24% of total units
Moderate Income: 44% of total units
AB 2345 reduced the low income set aside required for two and three incentives/concessions from 20% to 17% for two concessions/incentives and from 30% to 24% for three concessions/incentives. This bill also reduced the maximum parking requirements for density bonus eligible projects.
AB 1287 (2023)
AB 1287 amended the California Density Bonus Law to provide an additional density bonus and an additional concession/incentive for projects that provide very low or moderate-income units. To qualify for the additional incentive and density bonus under AB 1287, a project must provide the required percentage of on-site affordable units to obtain the maximum density bonus, at income levels established by AB 2345. The project must also commit to providing either an additional 5-10% of units affordable at the very low income level or an additional 5-15% of units affordable at the moderate-income level. If a project provides both set-asides, it will be eligible for a density bonus of up to 100% and three to four incentives/concessions.
AB 2334 (2022)
This map shows areas in Sonoma and Napa Counties where expanded Density Bonus provisions apply in very low vehicle travel areas as provided by AB 2334. AB 2334 amends State Density Bonus Law to expand the locations where significant concessions are provided for 100 percent affordable housing developments to include very low vehicle travel areas, and updates the definition of maximum allowable residential density. Eligible housing development projects located in these areas are permitted unlimited density and are granted an additional three stories, or 33 feet in height, as well as four incentives/concessions.
“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. AB 2334 also applies to areas within 1/2 mile of a major transit stop, as established by AB 1763. Detailed information on AB 2334 provisions can be found in the California Government Code § 65915(b)(1)(G).
DISCLAIMER: This is intended solely as a technical overview. It is not intended to serve as legal advice regarding any jurisdiction's specific policies or any proposed housing development project. Interested parties should consult with legal counsel prior to taking any actions. Applicable transit analysis zones (TAZ) meeting the very low vehicle travel threshold may include parcels ineligible for residential development and not subject to Density Bonus Law.
AB 2334 Map Legend
BLUE: AB 2334 Very Low Vehicle Travel Areas
GREEN: Major Transit Stops (1/2 Mile Radius)
ORANGE: Incorporated City/Town Area