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in [density bonus law]." The "forms of assistance" specified in the relevant code sections include <br /> density bonuses, "incentives and concessions" (almost any regulatory concession), waivers of <br /> development standards, and reduced parking requirements. Some communities now give <br /> incentives for inclusionary housing through mechanisms that are distinct from density bonus law. <br /> It may be prudent to specify that all forms of assistance granted to projects are being provided <br /> pursuant to state density bonus law, to ensure that all of these incentives can be recognized in an <br /> agreement requiring the provision of affordable rental housing.45 <br /> Some communities have adopted density bonus ordinances that provide bonuses and <br /> incentives only when the developer voluntarily agrees to construct affordable units. If affordable <br /> units are required by an inclusionary ordinance, the developer is not eligible for a density bonus. <br /> Practitioners should note that, pursuant to Palmer, because cities cannot require the provision of <br /> affordable rental housing, any affordable rental unit provided in a new development is, by <br /> definition, provided voluntarily and hence is entitled to state density bonuses arid incentives. <br /> Relation to Redevelopment Production Requirements. State law requires that 15 percent <br /> of housing produced in redevelopment areas be affordable (6 percent to very low income <br /> households, 9 percent to moderate-income households). As the Housing Set Aside money used <br /> for this purpose has disappeared into the giant State maw, more communities have been relying <br /> upon inclusionary ordinances to ensure that each project in the redevelopment area meets its <br /> production requirement (i.e., includes 15 percent affordable housing). Communities that lose the <br /> ability to obtain this affordable housing may have few opportunities to meet their production <br /> requirements. <br /> 45 However, at least one publication has opined that the "plain language" of the exception requires only that a,form <br /> of assistance mentioned in density bonus law be provided, not that the incentive must actually be provided pursuant <br /> to density bonus law.See Legal Issues,supra note 28,at 27. <br /> 22 <br /> 990051A1A720372.3 <br /> 8/7/2009 <br />