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

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

Key Facts

Low-income set-aside
10% of units, up to 80% AMI
Very-low income set-aside
5% of units, up to 50% AMI
Max low-income bonus
35% at 20% low-income units
Max very-low income bonus
35% at 11% very-low units
Senior/foster-veteran bonus
flat 20% density increase
Affordability restriction (special needs)
55 years recorded

Summary

Fullerton grants density bonuses under FMC § 15.17.120 to housing developments that set aside units for low-, very-low, or moderate-income households, seniors, transitional foster youth, disabled veterans, or homeless persons, implementing Cal. Gov't Code § 65915's statewide framework.

Cal. Gov't Code § 65915 establishes the framework for granting a density bonus and/or development incentive(s) or concession(s) for housing developments for lower, very-low or moderate income households, senior citizens, transitional foster youth, disabled veterans and homeless persons... (2) Ten percent of the total units of a housing development for lower income households, where income does not exceed 80% of area median income, pursuant to Cal. Health and Safety Code § 50079.5.

Full Breakdown

120(B) lists the qualifying set-asides: 10% of units for lower-income households (up to 80% of area median income), 5% for very-low income households (up to 50% AMI), a senior housing development of at least 35 units restricted to residents 62 or older (or 55-plus under Cal. 3), 10% of units in a for-sale common interest development for moderate-income buyers (up to 120% AMI), or 10% of units for transitional foster youth, disabled veterans, or homeless persons with a 55-year recorded affordability restriction. Section (C) requires the density bonus, concession, incentive, or waiver request to be made when the application is first submitted, and (D) requires the application to identify existing land uses, the type and location of affordable units, requested incentives or concessions, cost-reduction evidence, and any requested waivers of development standards.

Section (E)(3)(a)-(b) sets sliding-scale bonus tables: for low-income set-asides, the bonus runs from 20% at the 10% minimum up to 35% at 20% low-income units; for very-low income set-asides, the bonus runs from 20% at the 5% minimum up to 35% at 11% very-low income units. Senior housing and the transitional-foster-youth/veteran/homeless category each receive a flat 20% density bonus under (E)(3)(c)-(d). All fractional units from the density calculation are rounded up to the next whole number, and any bonus granted goes through the normal review process without additional permits or hearings under (E)(3).

Violations & Fines

There is no separate penalty in this section; a developer who receives a density bonus but fails to deliver or maintain the qualifying affordable, senior, or restricted units is subject to the city's standard affordable-housing agreement enforcement and can lose the bonus approval through the normal permit compliance process.

Frequently Asked Questions

How much of a density bonus can a Fullerton project earn?
It scales with the affordable set-aside: FMC § 15.17.120(E) grants 20% up to 35% depending on the percentage of low- or very-low income units provided, or a flat 20% bonus for qualifying senior, transitional foster youth, disabled veteran, or homeless housing.
When must I request a density bonus in Fullerton?
Section 15.17.120(C) requires the request for a density bonus, concession, incentive, or waiver to be made at the time the application is first submitted for review and approval.
What income level qualifies as very-low income for the bonus?
Section 15.17.120(B)(3) sets the very-low income threshold at no more than 50% of area median income, referencing Cal. Health and Safety Code § 50105, with a 5% unit set-aside required to qualify.

Sources & Official References

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