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

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

Key Facts

Governing chapter
Zoning Code Ch. 18.66
Minimum project size
5+ residential units
Low-income set-aside bonus
20% bonus at 10% units
Very low-income set-aside bonus
20% bonus at 5% units
Senior housing bonus
Flat 20% density bonus
Enforcing office
Community and Economic Development

Summary

Unincorporated Merced County grants density bonuses under Zoning Code Chapter 18.66 to housing developments of five or more units that set aside affordable units. A project with 10 percent low-income units, 5 percent very low-income units, senior housing, or moderate-income common-interest units qualifies, plus added parking reductions and incentives.

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

Resident Requirements. Excluding any units permitted by the density bonus, the County shall grant one density bonus, the amount of which shall be specified in Section 18.66.030 (Allowed Density Bonuses), when an applicant for a housing development, includes within that development at least any one of the following: 10 percent of the dwelling units are for lower-income households, as defined in Health and Safety Code Section 50079.5; Five percent of the dwelling units are for very low-income households, as defined in Health and Safety Code Section 50105... Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).

Full Breakdown

66 implements Government Code Section 65915 for the unincorporated county. 5), 5 percent for very low-income households (Section 50105), a senior citizen development or age-restricted mobile home park, 10 percent for moderate-income units in a common-interest development sold to the public, 10 percent for transitional foster youth, disabled veterans, or homeless persons units under a 55-year affordability restriction, or 20 percent for lower-income student housing. 030 sets the bonus scale: the low-income tier starts at a 20 percent density bonus for a 10 percent set-aside and rises on a sliding scale to 35 percent at a 20 percent set-aside; the very low-income tier starts at 20 percent for a 5 percent set-aside and reaches 35 percent at 11 percent; senior developments receive a flat 20 percent bonus.

025 disqualifies projects proposed on parcels with existing rental units that were vacated, demolished, or rent-restricted in the prior five years, unless the project replaces those units at the required affordability levels. Commercial developers can also earn a development bonus by partnering with a housing developer on- or off-site, receiving up to a 20 percent increase in General Plan intensity, floor area ratio, height, or a 20 percent parking reduction. The Director of Community and Economic Development processes applications, and the County reports approved commercial development bonuses annually to the state Department of Housing and Community Development under Government Code Section 65400.

Violations & Fines

Chapter 18.66 carries no separate penalty clause, but density bonus projects remain subject to Zoning Code Chapter 18.154's general enforcement provisions. Section 18.154.070 declares any use or structure maintained contrary to the Zoning Code, including permit conditions attached to an approved density bonus project, a public nuisance and a misdemeanor or infraction under County Code Chapter 1.28, with each day of continuing violation a separate offense and civil penalties available per day.

Frequently Asked Questions

How many units does a project need to qualify for a density bonus in unincorporated Merced County?
Section 18.66.020(D) limits the density bonus to housing developments of five or more residential units, including mixed-use developments, condominium conversions meeting Government Code Section 65915.5, and qualifying subdivisions of unimproved residential lots.
What affordability levels earn the biggest density bonus?
Under Section 18.66.030, setting aside 20 percent of units for lower-income households earns the maximum 35 percent bonus on that tier, while setting aside 11 percent for very low-income households also reaches 35 percent; senior citizen developments receive a flat 20 percent bonus regardless of unit count.
Can a project with existing rental units still get a density bonus?
Not automatically. Section 18.66.025 disqualifies a housing development proposed on a parcel where rental units were vacated, demolished, or subject to rent restriction within the prior five years, unless the project replaces those units at the affordability levels set in Section 18.66.020.
Do commercial developers in Merced County get a density-style bonus too?
Yes. Section 18.66.020(F) lets a commercial developer earn a development bonus, such as up to a 20 percent increase in intensity, floor area ratio, height, or a 20 percent parking cut, by partnering with a housing developer to provide at least 30 percent low-income or 15 percent very low-income units.

Sources & Official References

Other rules in Merced County

All Merced County rules

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