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STATE DENSITY BONUS MULTIFAMILY HOUSING PROJECTS

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**DUE TO THE STATE HOUSING CRISIS, THE CALIFORNIA STATE LEGISLATURE REQUIRES CITIES TO COMPLY WITH STATE-MANDATED HOUSING LAWS, INCLUDING STATE DENSITY BONUS LAW. FAILURE TO COMPLY COULD RESULT IN REVOCATION OF THE CITY'S STATE-CERTIFIED HOUSING ELEMENT. A CERTIFIED HOUSING ELEMENT ALLOWS THE CITY TO RETAIN LOCAL PERMITTING AUTHORITY AND AVOID POTENTIAL FINANCIAL AND LEGAL REPERCUSSIONS**

 

Multi-family housing is a permitted or conditionally permitted use in various zoning districts, including the Medium Density Residential (RM), High-Density Residential (RH), Local Commercial (CL), Downtown Commercial (CD), and North End Commercial (CNE) zoning districts, and properties in the Residential Overlay District (ROD). Multi-family housing developments with affordable units which are not located within the Residential Overlay District (ROD) are processed through an administrative non-discretionary review process (also known as a ministerial review process) called a Precise Development Plan (PDP). PDP projects with affordable units often include a density bonus as allowed under State law.

 

 

* Attention Prospective Occupants of Affordable Units *
Eligible prospective residents who are seeking to live in one of the affordable units must contact the developer and/or property management company directly to obtain leasing information. The City is not involved in matching eligible prospective tenants with housing at this time. To learn more about eligibility and income restrictions, see FAQs below.

 

 

LEGISLATIVE POSITIONS   -   STATE REPRESENTATIVES CONTACT   -  PROJECTS    -   CITY CONTACT   -   FREQUENTLY ASKED QUESTIONS (FAQs)

 

Legislative Positions

The Manhattan Beach City Council periodically reviews bills, initiatives, or legislation pending in other governmental agencies. The purpose of this is to outline the position of the City Council on priority issues and matters that impact the City’s ability to operate effectively, promote City interests, and protect local authority. For more information, please visit the Legislative Positions webpage.

 

State Representatives Contact

State density bonus multifamily housing projects are subject to a broad array of State housing laws that supersede local regulations, and that can only be changed by the California legislature. Contact information for your State representatives is provided below:

Governor Gavin Newsom
Online Contact Form
1021 O Street, Suite 9000
Sacramento, CA 95814
(916) 445-2841
 State Senator Ben Allen- District 24
Online Contact Form
1021 O Street, Suite 7610
Sacramento, CA 95814
(916) 651-4024
 Assemblymember Al Muratsuchi- District 66
Online Contact Form
1021 O Street, Suite 5310
Sacramento, CA 94249-0066
(916) 319-2066

 

State Density Bonus Multifamily Housing Projects 

(Outside of the ROD*)
In Preliminary Planning Review
In Building Permit Review (Plan Check)

(none)
Issued Building Permits (Under Construction)

 * Information on multifamily housing projects in the Residential Overlay District (ROD) can be found on the ROD website.

City Contact

For additional information, please contact the Planning Division at planning@manhattanbeach.gov or (310) 802-5520.

 

FREQUENTLY ASKED QUESTIONS

 

BACKGROUND

PDP REVIEW AND APPROVAL PROCESS

ENVIRONMENTAL/CEQA QUESTIONS

AFFORDABLE HOUSING & STATE/LOCAL DENSITY BONUS REGULATIONS

PDPs AND COMMUNITY IMPACTS

 

PDP BACKGROUND

 

What is a Precise Development Plan (PDP)?

Per MBMC Section 10.84.010, “Precise development plans are intended to encourage multi-family housing development of six (6) or more units that include affordable housing, through an administrative non-discretionary review process.”

 

What projects are eligible to be reviewed as a PDP?

Any multi-family housing development with six or more units that include affordables units, as defined by State law.

 

PDP REVIEW APPROVAL PROCESS

 

What is the approval process for a project eligible for a PDP?

Projects eligible for a PDP will be reviewed through a streamlined, ministerial approval process (i.e., no public hearing and no discretionary review). Staff reviews PDP applications for compliance with objective development standards in local and State law. The Community Development Director shall approve or disapprove PDPs per MBMC Section 10.84.020 (B).

 

What is the difference between a “discretionary” review and a “ministerial” review?

Section 15357 (Discretionary Project) of the State CEQA Guidelines defines "discretionary" as follows:

“Discretionary project” means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, regulations, or other fixed standards. The key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project. A timber harvesting plan submitted to the State Forester for approval under the requirements of the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res. Code Sections 4511 et seq.) constitutes a discretionary project within the meaning of the California Environmental Quality Act. Section 21065(c).

Section 15369 (Ministerial) of the State CEQA Guidelines defines "ministerial" as follows:

“Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out... A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee.

 
Does the ministerial process for reviewing these types of projects come from the City's own laws?

Yes, the streamlined non-discretionary process (i.e., ministerial) process can be found in Chapter 10.84 of the Manhattan Beach Municipal Code.

 
Is there an appeal process for PDPs?

Per MBMC Section 10.84.020 (D), the Community Development Director’s decision to approve or deny a PDP is final and not appealable to the Planning Commission and/or City Council.

 
Is the review process different for PDPs that include for-sale units (ie condominium units)?

Pursuant to the Subdivision Map Act and local subdivision regulations (Title 11 of the MBMC), projects that include a Tentative Tract Map or Tentative Parcel Map, including condominium projects, are discretionary applications.

 

ENVIRONMENTAL/CEQA QUESTIONS

 
Are ministerial projects exempt from the California Environmental Quality Act (CEQA)?

Per Public Resources Code § 21080 (b)(1) and § 15268 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to ministerial actions.

 
Does this mean that the City cannot require environmental technical studies, like traffic, noise, etc, to be submitted as part of the review?

The City cannot require ministerial projects to provide technical studies as part of the review process.

 
Are PDP projects that propose for-sale units (ie condominiums) also exempt from CEQA?

Pursuant to the Subdivision Map Act and local subdivision regulations (Title 11 of the MBMC), projects that include a Tentative Tract Map or Tentative Parcel Map, including condominium projects, are discretionary applications and are subject to environmental review pursuant to CEQA.

 

AFFORDABLE HOUSING AND STATE/LOCAL DENSITY BONUS REGULATIONS

 
When did the City first adopt the streamlining policies for density bonus projects? What was the State’s role in the adoption of these policies?

During the previous Housing Element cycles (4th – 2008-2013, and 5th – 2014-2021), State Housing and Community Development Department (HCD) required these changes in order to certify the City’s Housing Elements. Therefore, the City’s adopted and certified Housing Elements require that projects with affordable housing be allowed a streamlined, non-discretionary process (i.e., ministerial) through the PDP process.

While the policies were included in the 5th Cycle Housing Element, those policies were actually first in the 4th Cycle Housing Element. This 4th cycle Housing Element was due in 2008, but the City did not adopt the final Housing Element until January 15, 2013. The 5th Cycle Housing Element was adopted on February 4, 2014, containing the same policies (certified by HCD on 2/24/2014).

 
Who qualifies for “affordable” housing under State law?

Per State law (CA Health and Safety Code § 50052.5), housing is considered affordable when a household spends no more than 30% of its gross income on rent, utilities, mortgage, property taxes, insurance, and homeowner association dues (if any). The affordability is based on a survey of local household area median income (AMI), adjusted for household size and categorized as below:

  • Acutely low income: 0-15% of AMI
  • Extremely low income: 15-30% of AMI
  • Very low income: 30-50% of AMI
  • Lower income: 50-80% of AMI
  • Moderate income: 80-120% of AMI

The income limits referenced in the AMI is adjusted each year by HCD and posted on their website under ‘Official State Income Limits’.  As of April 23, 2025, the AMI for Los Angeles County is as follows:

HCD Income limits 2025JPG

 
What is the maximum rent that can be charged for affordable units under State law?

 Maximum rent for affordable housing units is derived from annual household income as a percentage of the Los Angeles County’s annual median income. Maximum housing costs, including utilities, is capped at 30% of the maximum   annual household income at each specific income level (extremely low, very low, low, moderate), and is adjusted based on household size. The table below identifies the rent limits as of 2025.

2025 Affordable Rent Limits

 
When can the City require modifications to a Density Bonus project?

The City may only require project modifications when staff can demonstrate, based on a preponderance of evidence, that the requested concession or waiver would have a "specific, adverse impact" upon public health or safety. Under State law, this means:

  • A significant, quantifiable, direct, and unavoidable impact
  • Based on objective, written standards that existed when the application was submitted
  • No feasible method exists to mitigate the impact other than project modification
  • The impact arises from violation of specific health/safety standards

State law significantly limits the City's authority in this area. The California Legislature intended that conditions requiring project modifications would "arise infrequently." The following do NOT qualify as grounds for requiring modifications:

  • Inconsistency with zoning height or density limits (when density bonus waivers apply)
  • General concerns about "neighborhood character" or aesthetics
  • Subjective design preferences
  • Policies (including General Plan policies) that promote general health, safety and welfare in the community
  • Traffic congestion concerns not based on specific safety violations

The City's review focuses on ensuring compliance with the established, objective safety requirements while respecting the State-mandated streamlined approval process for housing development.

 
How many years must the low income units remain affordable before they can be rented at a market rate rent?

State density bonus law states that the affordable rental units that are for rent are subject to a recorded affordability restriction of 55 years. 

 
I want to live in one of the affordable units being built in the City. Who should I contact?

Eligible prospective residents who are seeking to live in one of the affordable units must contact the developer and/or property management company directly to obtain leasing information. The City is not involved in matching eligible prospective tenants with housing at this time.

 

PDPs AND COMMUNITY IMPACTS

 
Who is responsible for ensuring that health, safety, and environmental assessments are conducted for density bonus projects that request development standard waivers?

The Community Development Department (CDD) is responsible for processing Density Bonus Applications associated with housing projects. CDD includes the Building and Safety Division as well as the Planning Division, and coordinates project review with all other City departments and divisions, including Public Works, Utilities, and Fire, and outside agencies (Caltrans, Waste Management, etc.). Building Permit applications are routed to staff in these departments, divisions and agencies, where the project is reviewed to ensure compliance with applicable codes and regulations. The inter-department reviews may require modifications to the project to ensure conformance with health and safety standards, although the review is limited to compliance with existing, objective standards.

 
What process does the City use to evaluate health and safety impacts of density bonus projects, and when can the City require modifications to a proposed project?

Density bonus projects are approved through a streamlined, ministerial process (without public hearings) as required by State law. However, the City retains the authority to evaluate projects for compliance with objective health and safety standards and may require modifications in very limited circumstances.

When a density bonus project is submitted, City  staff conducts a review to determine whether the project complies with existing, objective health and safety standards. Examples of these standards include:

Manhattan Beach Municipal Code Health and Safety Provisions: 

  • Title 9 - Building Regulations Manhattan Beach building standards and local amendments to California Building Code including Chapter 9.44, Construction Rules
  • Title 3 – Public Safety including Chapter 3.40, Traffic Site Obstructions
  • Title 5 – Sanitation and Health
  • Title 7 – Public Works standards for utilities, drainage, and infrastructure including Chapter 7.16, Excavations

California Building and Fire Code Standards:

  • 2022 California Building Code structural safety, seismic, energy, accessibility compliance (per Americans with Disabilities Act)
  • California Fire Code emergency vehicle access, fire sprinkler requirements, emergency exits
  • California Electrical, Plumbing, and Mechanical Codes

State and Federal Environmental Health Regulations:

 

What actions has the City taken to address the construction related impacts of density bonus projects?

On September 16, 2025, the City Council adopted Ordinance No. 25-0008 that amended the City’s Municipal Code to require most large development projects to do the following:

  1. Provide the City with a Phase I Environmental Site Assessment (ESA) for the site and, if applicable, a Phase II ESA, and establish a remediation plan if determined to be necessary
  2. Construct a 12-foot tall sound barrier that has a sound transmission class (STC) rating of at least 32 along any property line that is shared with a residentially zoned property
  3. Require a Construction Management and Parking Plan (CMPP)