San Benito County, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Minimum density bonus
- 25% (or 10% for moderate-income condos)
- Minimum project size
- 5 or more dwelling units
- Rounding threshold
- 0.7 fractional unit rounds up
- Governing code
- San Benito County Code § 21.03.013
Summary
Unincorporated San Benito County grants a density bonus of at least 25% for qualifying affordable housing projects of five or more units, per the county's own implementing ordinance.
The county shall provide density bonuses, incentives, or concessions for the production of housing units and/or childcare facilities in accordance with Cal. Gov't Code § 65915 through § 65918... DENSITY BONUS means a density increase of at least 25%, unless a lesser percentage is elected by the applicant/developer... The density bonus shall apply to housing developments consisting of five or more dwelling units.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
In unincorporated San Benito County, the county implements state Density Bonus Law (Cal. Gov't Code §§ 65915-65918) through its own ordinance at County Code § 21.03.013. A project qualifying with 20% lower-income units, 10% very-low-income units, 50% senior units, or 20% moderate-income condominium units earns at least a 25% density bonus over the otherwise maximum zoning density, unless the applicant elects a lower percentage. The bonus applies only to developments of five or more dwelling units, and the county must grant the requested concessions or incentives unless it makes a written finding, based on substantial evidence, that they are not needed to achieve affordable housing costs. Fractional units of 0.7 or more round up; applicants may pay an in-lieu fee for smaller fractions.
Violations & Fines
No fine structure; disputes over a denied concession or incentive are resolved through the county's written-finding process and are appealable to the Board of Supervisors.
Frequently Asked Questions
Does San Benito County's density bonus apply inside Hollister or San Juan Bautista?
Can the county deny a requested concession or incentive?
Sources & Official References
Other rules in San Benito County
California rules heatmap·Compare San Benito County to another location·View the California zoning overlays & bonuses overview
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