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Zoning & entitlements

Concession / incentive

A cost-reducing modification of development standards — reduced setbacks, mixed use, fee relief — that density-bonus projects can demand under § 65915(d).

Definition

Concessions and incentives under Government Code § 65915(d) are modifications of zoning or development standards — reduced setbacks or open space, mixed-use allowances, fee deferrals — that result in identifiable cost reductions for a density-bonus project. The number a project can claim scales with its affordability tier, from one up to four, with more available to 100%-affordable projects.

They are mandatory: the city must grant the request unless it makes written findings, supported by substantial evidence, that the concession would not reduce costs, would cause a specific adverse health or safety impact, or would violate state or federal law.

Why it matters in an underwrite

The burden sits on the city, not the applicant — a rare posture in land use. Priced right, one concession can be worth more than the bonus units themselves: trading required ground-floor commercial for residential, or cutting a common-open-space ratio, converts dead program into leasable area. HCD's advisory and technical-assistance letters back applicants when cities balk, so ask for the full count in the application itself.

Sources & related guides

See also

See the term in the law itself

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Last reviewed 2026-07-29. General information, not legal advice.