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State Density Bonus Law · Gov. Code § 65915 · amended most years

Density Bonus: more units if some are affordable

Set aside a share of homes as affordable and the city must allow more units than zoning permits, plus relief from the standards that would keep you from building them.

If you're building five or more homes on multifamily or mixed-use land, this is usually where we start. The bonus units are market-rate. In our experience the waivers often matter more to the pro forma than the extra units do.

By Jeff Schneidereit, Architect · CA C-22524 · Updated

Short answer

The State Density Bonus Law (Gov. Code § 65915) requires cities to allow 20% to 100% more units than zoning permits when a project sets aside a share of affordable homes, plus up to five cost-cutting concessions and unlimited waivers of standards that would physically prevent the project. It applies to projects of five or more homes.

Section diagram: base-zoning building of four floors with two bonus floors added above BASE HEIGHT BONUS FLOORS BASE DENSITY WAIVER
Bonus units ride on base density. Waivers lift height, setback or coverage limits that would physically prevent the bonus.
50%Bonus at 15% very low, 24% low, or 44% moderate-income (for-sale) units
100%Stacked bonus when you add more very low or moderate units (AB 1287)
1–5Incentives or concessions, scaled to affordability
No limitWaivers of standards that physically preclude the project

What it gets you

  • Entry is low: 5% very low or 10% low-income units earns a 20% bonus.
  • Concessions cut real cost: reduced setbacks, more height, less open space, mixed-use permission. The city must grant them unless it proves no cost savings.
  • Waivers are unlimited, and courts have held cities cannot make you redesign around them (Bankers Hill 150 v. San Diego, 2022).
  • Statewide parking caps: 1 space for studios and one-bedrooms, 1.5 for two and three bedrooms, none near major transit for qualifying projects.
  • 100% affordable projects get an 80% bonus, and near major transit, no density limit plus up to three extra stories.
  • Stacks with streamlined approval paths such as SB 35/SB 423 and local programs like Los Angeles ED 1.

The catches

  • Affordable rental units carry a 55-year recorded covenant, which survives foreclosure (Rodriguez v. Los Angeles, 2025).
  • Existing affordable or rent-controlled units on the site must be replaced.
  • Local inclusionary rules may already require affordable units; how they count toward the bonus varies by city.
  • For applications filed after January 1, 2026, commercial floor area gained through concessions is capped (SB 92). Plan mixed-use ground floors with that in mind.
  • The bonus math rounds and stacks in specific ways, so model it early.

How we help

  • Base-versus-bonus massing studies that show the unit count, height and parking at each affordability tier.
  • A concession and waiver list tied to the drawings, so each request is defensible.
  • Recent density bonus multifamily work in Los Angeles, plus 30 to 80 unit concepts across the Inland Empire.

Gov. Code §§ 65915–65918

Questions we get about the Density Bonus

How much of a density bonus can I get in California?

Setting aside 5% very low-income or 10% low-income units earns a 20% bonus. The bonus reaches 50% at 15% very low, 24% low or 44% moderate-income (for-sale) units, and AB 1287 lets you stack up to 100% by adding more very low or moderate units. 100% affordable projects get 80%, and near major transit, no density limit.

What is the difference between a concession and a waiver?

Concessions (one to five, scaled to affordability) reduce cost, such as smaller setbacks, more height or less open space; the city must grant them unless it shows there are no cost savings. Waivers are unlimited and remove any standard that would physically preclude building the bonus units.

What parking does a density bonus project need?

Statewide caps apply: 1 space for studios and one-bedrooms and 1.5 for two- and three-bedroom units, with none required near major transit for qualifying projects. AB 2097 separately removes parking minimums for most housing within a half mile of a major transit stop.

How long must the affordable units stay affordable?

Affordable rental units carry a 55-year recorded covenant, which courts have held survives foreclosure.

How does the density bonus interact with local inclusionary rules?

It depends on the city. Local inclusionary rules may already require affordable units, and how they count toward the bonus varies. On Pacific Avenue in Long Beach we filed nine units, under the city's 10-unit inclusionary trigger, then added ADUs to reach twelve homes with one affordable unit instead of two.

Can a city deny a density bonus project?

Cities must grant the bonus, concessions and waivers to a qualifying project, and courts have held cities cannot make an applicant redesign around a waiver (Bankers Hill 150 v. San Diego, 2022). The project still follows the city's normal approval path unless a streamlining law such as SB 35/SB 423 also applies.

Projects where we used it

This page is general information, not legal advice. It summarizes California law as of October 2026. Cities adopt their own implementing ordinances, and eligibility depends on site-specific facts. Confirm with the local planning department and your land use counsel before acquiring a site.

Send us an address

Tell us where the site is and what you are hoping to build. We will tell you which of these laws applies and roughly how many homes it can hold.

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