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Marin 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 section
Marin County Code § 22.24.020
Base bonus
20% at 5% very-low or 10% low-income units
Maximum bonus
Up to 80% for 100% lower-income projects
Incentives/concessions
1 to 5, based on affordability tier
Waivers
Unlimited if standard precludes construction
Transit bonus
3 extra stories/33 ft near major transit stop
Affordability term
30-year minimum for rental units

Summary

Marin County Code Chapter 22.24 implements state Density Bonus Law countywide, granting extra units, height, and reduced parking to housing developments that reserve a set share of homes for lower-income, senior, or student households. A project offering 5% very-low-income or 10% low-income units earns a 20% density bonus, scaling up from there.

City-specific rules exist: San Rafael has its own density bonus law rules that differ from Marin County's county-level regulations. If you live in San Rafael, check the city-specific page instead.

22.24.020 - Density Bonus and Other Incentives Pursuant to State Law. This Section specifies standards and procedures for providing density bonuses and other incentives and concessions as required by State law (Government Code Section 65915-65918)... B.Density bonuses; calculation of bonuses. Pursuant to State law, the bonuses a particular project is eligible for are described below and shown in Table 3-5a...1.A housing development project is eligible for a 20 percent density bonus if the applicant seeks and agrees to construct any one of the following:a.Ten percent of the units at affordable rent or affordable ownership cost for low income households;b.Five percent of the units at affordable rent or affordable ownership cost for very low income households; orc.A senior citizen housing development of 35 units or more as defined in Section 51.3 of the Civil Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

020 (Density Bonus and Other Incentives Pursuant to State Law) sets Marin County's standards and procedures for granting density bonuses, incentives, concessions, waivers, and reduced parking ratios required by Government Code Sections 65915-65918. Nine project types qualify, including 5% very-low-income or 10% low-income unit developments, developments where 80% of units serve lower-income households, senior housing of 35+ units, student housing with 20% of beds reserved for lower-income students, and projects with childcare facilities or land donations. A qualifying project starts at a 20% density bonus and the bonus increases on a sliding scale as the affordable share grows, per Table 3-5a, reaching up to an 80% bonus for a project where at least 80% of units serve lower-income households; that top-tier project also gets a height increase of up to three stories or 33 feet, and an exemption from maximum density controls, if it sits within a half mile of a major transit stop.

Table 3-5c ties the number of development-standard incentives or concessions available, from one up to five, to the affordability tier reached, and the applicant may also request an unlimited number of waivers for any standard, including height, setback, coverage, floor area, or parking, that would physically preclude building at the bonus density. The request must be submitted with the project's affordable housing plan and supported by a written financial statement demonstrating the incentive produces an identifiable, actual cost reduction.

Violations & Fines

Marin County can deny a requested incentive, concession, or waiver only on the specific grounds listed in Section 22.24.020.F: no identifiable, documented cost reduction; a specific adverse impact on public health, safety, or a historic resource with no feasible mitigation; or a conflict with state or federal law. Once a density-bonus project is built, its recorded affordable housing plan binds the owner, and falling out of compliance exposes the property to the county's standard code-violation civil penalty track under Marin County Code Section 1.05.030, capped at $2,500 per violation per day.

Frequently Asked Questions

How much of a density bonus can a Marin County project get for affordable units?
Under Marin County Code Section 22.24.020, a project earns a baseline 20% density bonus by setting aside 10% of units for low-income households or 5% for very-low-income households, and the bonus climbs on a sliding scale as the affordable share grows, reaching an 80% bonus for a project where at least 80% of the units serve lower-income households.
What extra perks come with the density bonus besides more units?
Section 22.24.020 also entitles qualifying projects to one to five development-standard concessions or incentives depending on the affordability tier reached, plus an unlimited number of waivers for any standard that would physically preclude building at the bonus density, covering height, setback, coverage, floor area, and parking requirements.
Can Marin County refuse to grant the requested incentives?
Only for the specific reasons listed in Section 22.24.020.F: the incentive would not produce an identifiable, documented cost reduction; it would create a specific adverse impact on public health, safety, or a historic resource with no feasible fix; or granting it would violate state or federal law. Absent one of those findings, the county must approve the request.
How long must the density-bonus units stay affordable?
Units that qualify a project for a density bonus follow the same standards as the county's regular inclusionary units: rental units must remain affordable for at least 30 years, while units affordable to moderate-income buyers under an ownership program must stay affordable in perpetuity once the density bonus has been used to build the project.

Sources & Official References

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