Contra Costa County, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Inclusionary density bonus cap
- Up to 15% of total units
- Lower-income bonus threshold
- 10% of units reserved
- Very-low-income bonus threshold
- 5% of units reserved
- Affordability term
- 30 years for low/very-low units
- Required document
- Density bonus housing agreement, recorded
- Governing state law
- Gov. Code § 65915
Summary
Contra Costa County grants developers a density bonus above the zoned maximum for building affordable or senior housing under Ordinance Code Chapter 822-2. A project providing required inclusionary units can request up to a fifteen percent density bonus, while one that exceeds those minimums earns a larger bonus and incentives tied to Government Code Section 65915.
822-2.402 - Inclusionary unit density bonus. For any project where inclusionary units are required under Chapter 822-4, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than fifteen percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum fifteen percent... 822-2.404 - Affordable unit density bonus... A project for which a density bonus is eligible under this section must meet at least one of the following criteria: (1)Ten percent of the total units of a housing development must be reserved for lower income households. (2)Five percent of the total units of a housing development must be reserved for very low income households.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Ordinance Code: Supplement 103).
Full Breakdown
Chapter 822-2, the county's residential density bonus ordinance (Ords. 2004-45, 2001-06), implements Government Code Section 65915 and the county general plan housing element. 402, any project required to build inclusionary units under Chapter 822-4 may request a density bonus of up to fifteen percent of the total units, including the inclusionary units themselves, and is entitled to that bonus as requested, though it receives no added incentives or concessions beyond those already tied to Chapter 822-4. 404 for projects that exceed the inclusionary minimums: reserving at least ten percent of units for lower income households, five percent for very low income households, building a senior citizen housing development or age-restricted mobile home park, or reserving ten percent of a common interest development for moderate income buyers.
408, set by state law at § 65915(d)(2). 406, keyed to Government Code § 65915(h). 410(a). 414, and must keep the facility operating as long as the density bonus units remain income-restricted.
Violations & Fines
Every applicant receiving a density bonus must sign a density bonus housing agreement, submit it to the Board of Supervisors, and record it against the parcel before final map approval or building permit issuance; the agreement binds all future owners (§ 822-2.1002). The agreement itself must spell out remedies for breach by either party (§ 822-2.1006(h)). Rental developments must file annual reports verifying tenant income and rent with the director, and for-sale target units carry a recorded deed restriction enforced by the director (§§ 822-2.1008(c), 822-2.1010).
Frequently Asked Questions
How much of a density bonus can I get for building inclusionary units in Contra Costa County?
What qualifies a project for the larger affordable unit density bonus?
Do I have to sign anything before using a density bonus?
How long do the affordable units created by a density bonus have to stay affordable?
Sources & Official References
Other rules in Contra Costa County
California rules heatmap·Compare Contra Costa County to another location·View the California zoning overlays & bonuses overview
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