Butte County, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Enabling state law
- Gov. Code § 65915 (§ 24-127)
- Max very-low-income bonus
- 35% at 11% very low-income units
- Max low-income bonus
- 35% at 20% low-income units
- Senior housing threshold
- 35+ units, age 62+
- Reduced parking floor
- 1 space per 0-1 bedroom unit
- Reviewing body
- Planning Commission / Board of Supervisors
Summary
Butte County grants a graduated density bonus, up to 35 percent over the zone's maximum, to housing projects that set aside units for very low, low or moderate income households, senior housing, or condo conversions, plus incentives such as reduced parking or setbacks.
A.Very Low-Income Projects. Housing projects with at least five (5) percent of units affordable to very low-income households are entitled to a density bonus as shown in Table 24-130-1 (Amount of Density Bonus for Very Low-Income Projects). ... 5% 20% ... 11% 35%
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
Zoning Ordinance Division 13 implements Government Code Section 65915 locally, and Section 24-127 states that if this article ever conflicts with the state statute, the Government Code controls. Eligibility under Section 24-129 covers affordable housing projects with at least ten percent low-income units, five percent very low-income units, or ten percent moderate-income units in a common-interest development, plus senior housing developments of 35 units or more restricted to residents 62 and older, land donations for very low-income housing, and condominium conversions meeting income set-asides. Section 24-130 sets the bonus amount on a sliding table: very low-income projects start at a 20 percent density bonus for 5 percent very low-income units and rise to 35 percent at 11 percent very low-income units; low-income projects start at 20 percent for 10 percent low-income units and reach 35 percent at 20 percent low-income units; moderate-income common-interest projects start at 5 percent for 10 percent moderate-income units and climb in one-percent increments per additional percentage point.
Beyond the bonus itself, Section 24-133 lets an applicant request one to three incentives depending on the affordability tier reached, drawn from a list that includes reduced minimum parcel sizes, reduced setbacks, reduced building separation, increased floor area ratio or building height, reduced parking, and waiver or deferral of development impact fees. Section 24-134 allows waivers of any development standard that would physically prevent construction, with no cap on the number of waivers. Section 24-135 sets a reduced parking floor of one space per zero- to one-bedroom unit.
Applications are filed with Development Services under Section 24-137 and decided by the Planning Commission, or the Board of Supervisors when Board-level incentives are requested.
Violations & Fines
The county can deny a requested incentive or waiver only on a written finding, supported by substantial evidence, that it is not needed to make the affordable units feasible, that it would cause a specific adverse impact under Government Code Section 65589.5(d)(2) with no feasible mitigation, or that it conflicts with state or federal law (Section 24-133(F), Section 24-134(E)). Projects that fail to maintain the required affordability period lose continued-affordability protections under Section 24-138, and enforcement runs through the density bonus housing agreement recorded against the property under Section 24-139.
Frequently Asked Questions
How much of a density bonus can a Butte County project get?
Can I get reduced parking along with the density bonus?
Who approves a density bonus application in Butte County?
Sources & Official References
Other rules in Butte County
California rules heatmap·Compare Butte County to another location·View the California zoning overlays & bonuses overview
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