Density Bonus is a state mandated zoning document. The Density Bonus statute provides:

‘The city shall establish procedures for waiving or modifying development and zoning standards that would inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works’

‘In no case may a city apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of subdivision at the densities or with the concessions or incentives permitted by this section’

It enables a developer to request multiple incentives by:

‘An applicant may submit to the city a proposal for a waiver or reduction of development standards’

If a court finds that-

‘The refusal to grant a waiver or reduction in development standards is in violation of this section, the court shall award the plaintiff reasonable attorney fees and costs of suit’.

The current Steel Draft Cardiff Specific Plan includes new mixed use residential zoning.

It is detrimental to the future character, size and scale of the community, to provide a single concession under Density Bonus Provisions.

The best protection from State Driven Developer Concessions is to omit new mixed use residential zoning from the Cardiff Specific Plan area completely. The State Density Bonus provisions are drafted to benefit a few land developers, at the expense of community.

The link to page 5 of the document below presents an actual developer requested density bonus incentive currently under review by the city of Encinitas, in Leucadia. The developer is requesting reduced lot size zoning, reduced set back zoning, reduce parking requirements, increased lot coverage and increased FAR.