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Affordable units in new housing (inclusionary) in Danville

Danville's own rules on affordable units in new housing (inclusionary), with the code text for every value.

Each rule below links to the section of the Danville Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Danville's code says

Danville code What Danville's code adds
How long units stay affordable
  • The affordability term is 20 years.
    § 32-73.10 · code text
    The term of affordability is twenty (20) years.
Exemptions
  • Projects built consistent with the Density Bonus Ordinance or California State Density Bonus Law are treated as meeting all requirements.
    Applies: Applies to projects consistent with the Density Bonus Ordinance or California State Density Bonus Law.
    § 32-73.5 · code text
    A project developed consistentwith the regulations of the Density Bonus Ordinance (Municipal Code Section 32-74) shall be considered to have satisfied all requirements contained in this section. A project developed consistent with the California State Density Bonus Law (Government Code Section 65915) shall be considered to have satisfied all requirements contained in this section.
Fee instead of units
  • Fee: per-square-foot gap between what very low, low or moderate income households can afford and a new non-BMR unit's cost.
    Applies: Calculated project by project; applies with Town Council approval, in lieu of providing inclusionary affordable units.
    § 32-73.8 · code text
    The in-lieu fee shall be calculated based on the subsidy differential between what a very low-, low-, or moderate-income household can afford to pay for housing, on a per-square-foot basis, and the estimated total cost of a new non-BMR unit, on a per-square-foot basis.
Projects it applies to
  • Inclusionary rules apply to residential developments of 8 or more lots.
    § 32-73.5 · code text
    Each residential development of eight (8) or more lots is subject to this Section 32-73.
Share of affordable units
  • 10% of the market-rate unit count must be BMR units.
    Applies: Applies to developments of 8 or more lots at 7 or fewer units an acre; half low-income, half moderate-income.
    § 32-73.6 · code text
    Residential development with resultant densities less than or equal to seven (7) units an acre shall provide a number of BMR units equal to ten percent (10%) of the number of market rate units in the project. Of the ten percent (10%), half of the units shall be made available to qualifying low-income households, and the other half shall be made available to qualifying moderate-income households.
  • 10% of the market-rate unit count must be BMR units.
    Applies: Applies to developments of 8 or more lots at 8 or more units per acre, up to 20 units; half low-income, half moderate-income.
    § 32-73.6 · code text
    Residential developments up to twenty (20) units in size shall provide a number of BMR units equal to ten percent (10%) of the number of market rate units in the project. Of the ten percent (10%), half of the units shall be made available to qualifying low-income households, and the other half shall be made available to qualifying moderate-income households.
  • 15% of the market-rate unit count must be BMR units.
    Applies: Developments of 8 or more lots, 8 or more units per acre, 21 or more units; at least one third each very low, low, moderate.
    § 32-73.6 · code text
    Residential developments containing twenty-one (21) or more units shall provide a number of BMR units equal to fifteen percent (15%) of the number of market rate units in the project. Of the fifteen percent (15%), at least one third of the units shall be made available to qualifying very low-income households, another one third shall be made available to qualifying low-income households, and the final one third shall be made available to qualifying moderate-income households.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does Danville require affordable units in new housing?

Danville's code: The affordability term is 20 years. (§ 32-73.10); Projects built consistent with the Density Bonus Ordinance or California State Density Bonus Law are treated as meeting all requirements. (Applies to projects consistent with the Density Bonus Ordinance or California State Density Bonus Law.) (§ 32-73.5).

General information, not legal advice.

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