Wollmer

This case arises out of approval by the City of Berkeley and the Berkeley City Council (collectively, City) of use permits and zoning variances for a mixed-use development project consisting of residential units and retail commercial space. Appellants Stephen Wollmer and Neighbors for a Livable Berkeley Way (Wollmer) appeal from a judgment denying their petition for writ of mandate seeking to overturn these approvals. They urge that the City’s approvals violated the state density bonus law (Gov. Code, § 65915), Berkeley Municipal Code, and California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; CEQA). While we affirm in all respects, the published portion of this opinion addresses the interpretation and application of the density bonus law.

I. Background

The development project (Project) at issue here, as approved, is a “five-story mixed-use development that includes ground floor retail uses, including a proposed Trader Joe’s grocery store and 148 residential units,” located on approximately one acre at the northwest comer of University Avenue and Martin Luther King Jr. Way in Berkeley. Twenty-two of the residential units are reserved for low-income…