Wollmer v. City of Berkeley

In Wollmer v. City of Berkeley (2009) 179 Cal.App.4th 933, the court considered Government Code section 65915, which provided that "if a developer agrees to dedicate a certain percentage of the overall units in a development to affordable or senior housing, . . . the municipality must grant the developer a density bonus . . . ." (Wollmer, at p. 943.) The statute at issue was "'designed to encourage, even require, incentives to developers that construct affordable housing.'" (Ibid.) Wollmer v. City of Berkeley, exemplifies a statute requiring no finding of "unnecessary hardships" and instead requiring concessions to developers who seek to build affordable housing. In Wollmer, the court considered Government Code section 65915, which provided that "'if a developer agrees to dedicate a certain percentage of the overall units in a development to affordable or senior housing, ... the municipality must grant the developer a density bonus ... .'" (Wollmer, at p. 943.) The statute at issue was "'designed to encourage, even require, incentives to developers that construct affordable housing.'" (Ibid.)