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

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

Key Facts

Minimum project size
5+ residential units
Very low income threshold
5% of units
Lower income threshold
10% of units
Affordability term (assisted units)
30 years minimum
Governing chapter
El Dorado County Code Ch. 130.31

Summary

El Dorado County grants a density bonus above the General Plan's maximum allowed density to housing projects of five or more units that set aside affordable units, under Chapter 130.31, implementing Government Code Section 65915. Developers can also pay an in-lieu fee instead.

These county ordinances apply to unincorporated areas of El Dorado County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

B.A developer shall be granted a density bonus, incentives and/or concessions described in Section 130.31.040 (Bonuses, Incentives, and Concessions Allowed) below in this Chapter when he or she agrees to provide at least any one of the following:1.At least five percent of the total number of proposed units for very low income households;2.At least ten percent of the total number of proposed units for lower income households;3.A senior citizen housing development;4.At least 10 percent of the total number of proposed units in a condominium project, for persons and families of moderate income;5.The donation of land sufficient in size to allow development of at least 40 affordable housing units consistent with California Government Code Section 65915(h)...;6.The payment of a fee in lieu of providing affordable housing units as established in this Section...

Full Breakdown

31 carries out California Government Code Sections 65915, 65916, and 65917 for unincorporated areas outside TRPA's jurisdiction. 010 explains the Chapter offers a density bonus and other incentives to developers who set aside units affordable to very low, lower, and moderate income households, or to seniors. 030(A) requires a "qualifying housing development" of five or more units, for rent or sale, with at least one affordable unit. Under Subsection B, a developer earns the bonus and any associated incentives by committing to at least one of six paths: at least 5 percent very low income units, at least 10 percent lower income units, a senior citizen housing development, at least 10 percent moderate income units in a condominium project, donating land sufficient for at least 40 affordable units under Government Code Section 65915(h), or paying an in-lieu fee the Board sets by resolution.

040(A). Incentives can also include reduced site development standards, such as smaller setbacks, less square footage, or fewer parking spaces, when those changes produce real, documented cost savings, and a density bonus is available for on-site child day care centers under 65915(i). 060, with the County recapturing its share of appreciation on early resale. The Director has 30 days after a complete application to notify the applicant whether the project qualifies.

Violations & Fines

A developer who receives a density bonus but fails to maintain the affordable units for the required 30- or 20-year term, or fails to deliver the affordable units concurrently with market-rate units under the Affordable Housing Agreement, is in breach of that recorded agreement, and the County can pursue the compliance remedies specified in the agreement.

Frequently Asked Questions

How does the density bonus work in El Dorado County?
A project with five or more units that sets aside a share of units for very low, lower, or moderate income households, or for seniors, can build more units than the General Plan and zone otherwise allow, under Chapter 130.31, which implements Government Code Section 65915.
What percentage of units has to be affordable to get the bonus?
At least 5 percent for very low income households or 10 percent for lower income households, among other qualifying paths listed in Section 130.31.030(B), including a senior housing development or donating land for at least 40 affordable units.
Can a developer just pay a fee instead of building affordable units?
Yes, if the Board has adopted an in-lieu fee by resolution. The developer pays the fee at building permit issuance under Section 130.31.040(D) instead of constructing the affordable units on-site, unless another equivalent action was already approved.

Sources & Official References

Other rules in El Dorado County

All El Dorado County rules

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