California State Density Bonus Law Overview
Presented to the City Council of the City of Poway
April 21, 2026
• State Law permits increased density on projects that
incorporate affordable housing (Government Code 65915)
• Increased density based on affordability level and % of units • 1-5 concessions/incentives based on affordability level and % of units • Unlimited waivers
• Reduced parking ratios
• Streamlined, Ministerial review for certain projects
Density Bonus Laws
Density Bonus
Waivers are used when a specific development standard would physically preclude the project from being built at the size and density allowed by the law / proposed by the developer
•Examples:
•Height Limits
•Setbacks
•Floor Area Ratio
•No Limit on the number of waivers a developer can request, as long as they can prove the rule makes the project physically impossible to be build as designed Waivers
• The development standard at issue does not have the effect of physically precluding the construction of the development at the density requested by the applicant with the project features proposed.
• The waiver/reduction would have a specific, adverse impact, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid • “quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application”
• The waiver would be contrary to State or Federal law.
Denying Waivers
Deviations from City standards designed to make the affordable project financially feasible by reducing construction costs (Cost Reduction).
Examples:
• Building Façade Standards (Articulation, Roofline Changes, Stepbacks) • Reduced Parking Standards
• Community Amenities & Private Open Space Requirements • Commercial Space Requirements
This table outlines the number of Incentives/Concessions a developer is entitled to based on the percentage of "Base Units" dedicated to affordable housing.
Concessions & Incentives
Affordability Level One
Incentive
T wo
Incentives
Three
Incentives
Four
Incentives
Five
Incentives
Very Low Income 5% 10% 15% 16% 100%
Lower Income 10% 17% 24% 100%
Moderate Income (For Sale) 10% 20% 30% 45%
• Substantial evidence that the incentive/concession does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units.
• The incentive/concession would have a specific, adverse impact upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid
• The incentive/concession would be contrary to State or Federal law.
Denying Concessions/Incentives
Unit Type Maximum Required Parking Spaces
0 to 1 Bedroom 1.0 onsite space per unit
2 to 3 Bedrooms 1.5 onsite spaces per unit
4+ Bedrooms 2.5 onsite spaces per unit
Student Housing 0.0 spaces per unit (per bedspace)
• Ratios apply to sites greater than ½ mile from a major transit stop. • Maximum ratio within transit area is 0.5 spaces per unit when 11% very low, 20% low or 40% moderate income units are included. • 100% affordable and senior housing within ½ mile of major transit stop can be constructed without parking.
Parking Ratios per State Law
Legal Climate
9 • Limited Legal Interpretations
• HCD Interpretations and
Enforcement
• Remedies for Successful
Plaintiffs
Apollo Senior Housing
44-units for Low Income Seniors
Poway Commons: Development Agreement
14 Very Low & 29 Low Income Units
53.65 DU/Acre (35 DU/Acre Allowed)
44 Parking Spaces (64 Required)
Reduced Street Setback from 10’ to 5’
Reduced Side Yard Setbacks from 15’ to 10’
Relief from Ground-Floor Commercial
Poway Paseo Density Bonus
332 Parking Spaces (Surplus of 27)
Street Setback Reduced to 0 Along Eastern Frontage
72-units, 9 Affordable to Low-Income Households
45 DU/Acre (35 DU/Acre Allowed)
Villa de Vida Affordable Housing
54-units for Individuals with Developmental
Disabilities
Poway Housing Authority Owned
42 Very Low, 11 Low Income Units
27 DU/ Acre (30DU/Acre Allowed)
32 Parking Spaces (83 Required)
Eliminated RV Parking & Carports
Reduced Setbacks from 50’ to 30’
Reduced Building Separation from 15’ to 13’
Poway Housing Authority Site: Opened 2021
Brighton Place Affordable Housing
77-units Affordable Units
Poway Housing Authority Owned
38 Very Low and 38 Low Income Units
19.4 DU/Acre (25 DU/Acre Allowed)
131 Parking Spaces (190 required)
Reduced Front Yard Setback from 20’ to 15’
Reduced Street Side Yard Setback from 20’ to
7.5’
Reduced Building Separation to from 15’ to 13’
Poway Housing Authority Site Opened 2012
Density Bonus Example
5626 Naranja: Valencia Park
100% Affordable
5-story, 138 units, 0.82 acres
Underlying zoning allows: 24 units, 40-feet
height
Unlimited Density bonus: Increased by 114
units, adding 3 stories and 33-feet in height.
Setback Reductions and relief from private
open space
No parking provided
It is recommended the City Council Receive the Report and Summary.
Recommendation