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Los Banos, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Minimum project size
5 or more residential units
Base bonus, lower income
20% bonus at 10% units
Base bonus, very low income
20% bonus at 5% units
Affordability term
At least 55 years
Required agreement
Recorded before final map or permit
Commercial bonus cap
Up to 20% intensity/FAR/height

Summary

Los Banos grants a density bonus, incentives or concessions to housing developments of five or more units that set aside affordable units, implementing California Government Code §§ 65915-65918 through Article 34 of the zoning code, with the bonus size set on a sliding scale tied to the affordability level chosen.

This article is intended to provide density bonuses and incentives or concessions for the production of housing that is affordable to the types of households and qualifying residents identified in this article in accordance with Sections 65915 through 65918 of the California Government Code, as amended or superseded. ... The City shall grant a density bonus, in the amount specified in Section 9-3.3405, to an applicant who proposes a housing development consisting of five or more residential units and meeting at least one of the following criteria: ... At least 10% of the total units of the housing development as target units affordable to lower income households, as defined in California Health and Safety Code Section 50079.5; or ... At least 5% of the total units of the housing development as target units affordable to very low-income households, as defined in California Health and Safety Code Section 50105 ... BONUS FOR LOWER INCOME HOUSEHOLDS Percentage Lower Income Units Proposed Percentage Density Bonus 10 20

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4356507; v3 updated 2025-03-05).

Full Breakdown

3401 states the article is "intended to provide density bonuses and incentives or concessions for the production of housing that is affordable to the types of households and qualifying residents identified in this article in accordance with Sections 65915 through 65918 of the California Government Code," and where local provisions conflict with the state statute, the Government Code controls. 3403(a), the City must grant a density bonus to a housing development of five or more units that dedicates at least 10% of units to lower-income households or at least 5% to very low-income households (senior housing, moderate-income common-interest developments, foster-youth/veteran/homeless housing and qualifying student housing can also qualify).

3405: a project offering the 10% lower-income threshold receives a 20% density bonus, climbing with each added percentage point of affordable units (up to 35% at 20% lower-income units), with a parallel table for very low-income projects starting at a 20% bonus for 5% very low-income units. 3404(d), must be proportional in unit mix and square footage to the market-rate units, and must be built concurrently with, or on a phasing schedule tied to, the market-rate units so market-rate certificates of occupancy cannot issue ahead of the affordable ones. 3414. 3415.

Violations & Fines

A developer that fails to build the required affordable units under the recorded density bonus housing agreement risks losing certificates of occupancy for market-rate units, which § 9-3.3404(c) withholds until the target units receive their own permanent certificates. Commercial developers who miss the construction timeline in their partnered-housing agreement can have their certificates of occupancy withheld under § 9-3.3415(f) until the affordable units are finished.

Frequently Asked Questions

How many affordable units does a project need for a density bonus in Los Banos?
A housing development of five or more units qualifies under § 9-3.3403(a) by setting aside at least 10% of units for lower-income households or at least 5% for very low-income households; senior housing, moderate-income common-interest projects, and foster-youth, veteran, homeless or qualifying student housing can also qualify.
How big is the density bonus in Los Banos?
It runs on a sliding scale under § 9-3.3405: the minimum 10% lower-income threshold earns a 20% density bonus, rising with each added percentage point of affordable units up to 35% at 20% lower-income units, with a similar table for very low-income projects starting at 20%.
How long must the affordable units stay affordable?
At least 55 years under § 9-3.3404(d), and a longer period can apply if required by the construction or mortgage financing, insurance, or rental subsidy program funding the project.
Can commercial projects get a density bonus too?
Yes. Under § 9-3.3415, a commercial developer that partners with a housing developer to provide at least 30% low-income or 15% very low-income units can earn up to a 20% increase in intensity, floor area ratio or height, or a 20% parking reduction.

Sources & Official References

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