Density Bonus Proposal

On Monday night the Berkeley City Council rejected a proposal to have a city density bonus law in place in case Proposition 98 passes in the June 3^rd election.

Critics of Proposition 98 claim that it would limit eminent domain actions and would end rent control in the state, thereby ending most attempts to regulate development in California. The state law density bonus allows developers to expand their projects by 35% over local limited in exchange for providing affordable housing. The ZAB formed a sub-committee to draft a proposed measure that would give them more control over projects.

Last Tuesday the council voted 5-4 to send the council a recommendation that it pass the proposal so that the state would have a measure in place in case Prop 98 passes. At the meeting Monday night, Major Bates said that no ordinance was needed because it is unlikely that Prop 98 will pass. The ordinance wasn’t given a place on the agenda for the upcoming April 22 council meeting. If Prop 98 does pass, the policies criticized the ZAB would remain in place until the full consequences of the proposition become clear.

Richard Brenneman,, Council Rejects Interim Density Bonus Proposal, The Berkeley Daily Planet, April 15, 2004, available at http://www.berkeleydailyplanet.com/issue/2008-04-15/article/29739.