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

Any project of five or more dwelling units seeking a state density bonus under Government Code Sec. 65915 must obtain a density bonus agreement before the City grants the density increase. The applicant files with the Department on a form the City Council sets by resolution, along with the required fee and deposit, and must supply financial data showing that a requested concession or waiver is necessary to make the affordable units economically feasible. If the applicant asks for more concessions or incentives than Government Code Sec.

65915(d)(2) allows by right, the Planning Commission holds a public hearing under Sec. 020 and forwards a recommendation to the City Council; otherwise the City Council reviews and approves the agreement directly by resolution. The City must grant a requested concession or incentive unless it makes a written finding, backed by substantial evidence, that the concession produces no identifiable cost reduction for the affordable units or creates a specific adverse impact on public health, safety, the physical environment, or a listed historical resource with no feasible mitigation.

Approved agreements run with the land, bind successors, and must be recorded with the Los Angeles County Recorder before any building permit issues; the City also holds a continuing right of first refusal to purchase or lease the designated affordable units at fair market value. The Director reviews every approved agreement at least once every 12 months to confirm the owner is complying in good faith. Granting a density bonus, concession, or incentive does not itself require a General Plan amendment, zone change, or variance.