Mendocino County, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Governing law
- Cal. Govt Code §§ 65915-65918
- Applicable zones
- All zones allowing residential use
- Adopted
- Ord. No. 4538, 9-10-2024
- Application filed with
- Planning and Building Department
- Agreement required before
- Final map or building permit
- Owner-occupied condition
- Equity sharing agreement possible
- Trust fund
- Affordable Housing Trust Fund (Sec. 20.234.010)
Summary
Mendocino County grants density bonuses and incentives to affordable, moderate-income, and senior housing projects under Section 20.234.005, carrying out California Government Code Sections 65915 through 65918 in every zone that allows residential use. Developers file an application with the Planning and Building Department, pay a Board-set fee, and record a binding density bonus agreement with the County before final map approval or building permit issuance.
(A)Purpose. This section is adopted in accordance with Government Code Sections 65915-65918 of the California Government Code, as may be amended. This section establishes a density bonus and incentive program to provide both density bonuses and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low-income households, and to encourage the creation of housing for senior citizens.(B)Applicable Zones. This chapter shall be applicable to all zones that allow residential uses.(C)Qualifications. All proposed housing developments that qualify under California Government Code Sections 65915-65918 for a density bonus and other incentives, and any qualified land transfer under California state law shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Sections 65915-65918, as may be amended.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 75).
Full Breakdown
005 of the Mendocino County Code establishes the county's density bonus and incentive program for owner-occupied and rental housing that includes units for very low, low, or moderate-income households or for senior citizens, adopted by Ordinance No. 4538 on September 10, 2024. The chapter applies to all zones that allow residential uses, so a project's eligibility is not confined to any single residential district. A developer seeking a density bonus, incentive, or concession files an application with the Department of Planning and Building; the Director sets the application's form and content, and the Board of Supervisors sets the fee by resolution.
The Department processes the density bonus request concurrently with any other permits the housing development needs and must notify the applicant whether the application is complete on the timelines set out in Government Code Section 65943. If the project qualifies, the Department grants the density bonus, incentives, and concessions in the amounts California Government Code Sections 65915 through 65918 specify. Before the County approves the bonus, the applicant must sign a density bonus agreement, approved by County Counsel and executed by the Board of Supervisors, that is recorded against the parcel before final map approval or, where no map is involved, before building permits issue; the recorded agreement binds every future owner and successor in interest. 010.
Violations & Fines
The recorded density bonus agreement "shall be binding upon all future owners and successors in interest," so a buyer takes the property subject to its affordability and reporting conditions. Because Board approval and recordation must occur before final map approval or before building permits issue, the County can withhold map recordation or permit issuance until the agreement is executed, and breach of a recorded agreement exposes the property to enforcement under the agreement's own terms.
Frequently Asked Questions
What does Mendocino County's density bonus ordinance do?
Which zoning districts qualify for a density bonus in Mendocino County?
What must a developer do before breaking ground on a density bonus project?
Does the county require anything extra for owner-occupied density bonus units?
Sources & Official References
Other rules in Mendocino County
California rules heatmap·Compare Mendocino County to another location·View the California zoning overlays & bonuses overview
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