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Kern County, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Day-care bonus
Up to 20% for 50+ unit projects with day care
Infrastructure bonus
Up to 20% for full public infrastructure
Affordable housing bonus
25% for lower/very-low-income unit set-asides
Cluster plan bonus
Additional 10%, stackable with others
Permit required
Density bonus permit under §§ 19.92.030-19.92.060
State law link
Gov. Code § 65915 governs the 25% path

Summary

Kern County grants density bonuses above the general plan's maximum residential density for qualifying unincorporated projects: up to 20 percent for on-site day care in larger multifamily developments, up to 20 percent for projects that build full public infrastructure, 25 percent for projects reserving units for lower- or very-low-income households, and 10 percent for an approved cluster plan, under Zoning Ordinance Chapter 19.92.

City-specific rules exist: Bakersfield has its own density bonus law rules that differ from Kern County's county-level regulations. If you live in Bakersfield, check the city-specific page instead.

A.A density bonus of up to twenty percent (20%) over the maximum density specified by the applicable general plan land use category shall be allowed for any residential project of fifty (50) or more units located in the Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Park (MP) or General Commercial (C-2) districts if the residential project provides adequate on-site day care facilities for the care of children. ... C.A density bonus of twenty-five percent (25%) over the maximum density specified by the applicable general plan land use category shall be allowed for any new residential project or condominium conversion project containing five (5) or more units located in the Low-density Residential (R-1), Medium-density Residential (R-2), High-density Residential (R-3), Mobilehome Subdivision (MS), Mobilehome Park (MP) or General Commercial (C-2) districts if at least twenty percent (20%) of the total number of units will be provided for lower income households, as defined in the Health and Safety Code; or ten percent (10%) of the total units will be provided for very low income households, as defined in the Health and Safety Code...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 59 Update 1).

Full Breakdown

020 limits a project to only one of them, except the cluster-plan bonus, which can stack. Subsection A allows up to a 20 percent bonus over the general plan's maximum density for any residential project of 50 or more units in the R-2, R-3, Mobilehome Park or C-2 districts that provides adequate on-site day care for children. 102. 2; a project taking this bonus must also comply with state density bonus law, Government Code Section 65915, including any request to waive or modify a zoning development standard.

58. 060 process; applicants must first submit a preliminary written proposal, and the planning director has 90 days to respond with the procedure to follow.

Violations & Fines

Building beyond the general plan's base density without an approved density bonus permit is a Title 19 zoning violation. Section 19.114.060 makes a knowing violation a misdemeanor carrying up to a $1,000 fine and six months in county jail, each day counted separately, and Section 19.114.090 lets the building official or district attorney pursue abatement of any structure built in excess of what the approved permit allows.

Frequently Asked Questions

Can I combine the day-care bonus with the affordable-housing bonus?
No, generally not. Section 19.92.020 states that if a project uses the infrastructure or affordable-housing density bonus, no other density bonus under this chapter may be applied to that project. The one exception is Subsection D's 10 percent cluster-plan bonus, which is written to apply in addition to any other bonus granted under the chapter.
How big does my project need to be to qualify for a density bonus?
It depends which path you use. The day-care bonus requires 50 or more units; the public-infrastructure and affordable-housing bonuses require only five or more units. The cluster-plan bonus has no separate unit-count threshold of its own beyond needing an approved cluster plan under Chapter 19.58.
Do I need a separate permit to use a density bonus?
Yes. Sections 19.92.030 through 19.92.060 require an approved density bonus permit before building at the higher density, reviewed together with any other discretionary permit or rezoning the project needs. Applicants must first submit a preliminary written proposal, and the planning director has 90 days to respond with next steps.

Sources & Official References

Other rules in Kern County

All Kern County rules

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