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

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

Key Facts

Minimum project size
Five or more dwelling units
Lower income threshold
10 percent of total units
Base bonus, lower income
20 percent over zoned density
Step increase
1.5 percent per extra 1 percent of lower income units
Maximum total bonus
35 percent over base density
Affordability term
Not less than 30 years
Request
Written, filed with the housing application

Summary

Hemet grants a density bonus to any housing development of five or more dwelling units that reserves at least 10 percent of its units for lower income households. The base bonus is 20 percent over the zoned density, rising 1.5 percent for each extra percent of affordable units, with a hard cap of 35 percent. The applicant must request the bonus in writing with the application.

(5) The housing development will consist of at least five or more dwelling units. ... (1) Lower income units. a. At least ten percent of the total dwelling units in a housing development are lower income units and the applicant agrees to ensure continued affordability of such units to lower income households as defined in § 50079.5 of the California Health and Safety Code. b. The base density bonus for housing developments with the qualifying number of lower income units shall be 20 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan. c. The base density bonus may be increased as provided herein. For each additional one percent increase in the total number of affordable units over ten percent, the density bonus shall increase from the base of 20 percent by 1.5 percent, to a maximum of 35 percent. No density bonus or aggregate of density bonuses for a housing development may exceed 35 percent. d. The density bonus shall not be included when determining the number of housing units that is equal to ten percent of the total.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 69 Update 2).

Full Breakdown

Section 90-163 of the Hemet City Code is the local density bonus rule, adopted to carry out California Government Code § 65915. Under subsection (a), a housing development qualifies only when five conditions are met: the applicant files a written request for the bonus with its application, the project either contains the minimum number of affordable units or meets the land donation rules, substantial evidence supports the findings in subsection (e), the applicant satisfies the covenant requirements of section 90-165, and the development has at least five dwelling units. A four-unit project cannot qualify, whatever share of it is affordable.

The lower income track in subsection (b)(1) starts at 10 percent of total units reserved for lower income households as defined in Health and Safety Code § 50079.5. That earns a base bonus of 20 percent over the maximum residential density the zoning map and general plan allow. Each additional one percent of affordable units above 10 percent adds 1.5 percent of bonus, so a project at 20 percent lower income units reaches the 35 percent maximum. The bonus units are not counted when the city measures the 10 percent threshold.

Three sibling tracks sit in the same subsection. Very low income projects start at 5 percent of units with a 20 percent base bonus and add 2.5 percent for each extra point, again capped at 35 percent. Moderate income condominium or planned unit developments need 10 percent moderate income units for a 5 percent base bonus and add 1 percent per extra point. The land donation track gives a 15 percent base bonus plus 1 percent per extra point above the 10 percent minimum, and the donated land must be at least one acre or large enough for 40 affordable units.

Subsection (c) makes the bonuses cumulative but never lets the total pass 35 percent over base density. Subsection (d) requires bonus units to be dispersed through the development and to match the other units in design and exterior appearance.

Violations & Fines

Section 90-163 sets no fine of its own. Enforcement runs through the covenant required by section 90-165: before a certificate of occupancy issues for a restricted unit, the developer must record an affordability agreement with the County of Riverside, and the city holds the right to enforce it by specific performance and other legal and equitable remedies. Units must stay affordable for not less than 30 years, and a bonus unit's certificate of occupancy expires automatically when the unit is vacated.

Frequently Asked Questions

How small can a project be and still get a density bonus in Hemet?
Five dwelling units is the floor under § 90-163(a)(5). A development of four or fewer units cannot qualify no matter how many affordable units it includes. Above that floor, the project also needs a written bonus request filed with its application and the minimum affordable share under one of the categories in subsection (b).
What is the largest density bonus Hemet allows?
The ceiling is 35 percent over the otherwise maximum allowable residential density, and subsection (c) applies it to the combined total of all bonuses. On the lower income track a project reaches it with 20 percent lower income units: the 20 percent base plus 1.5 percent for each of ten extra points. On the very low income track it takes 11 percent.
Do the bonus units count toward the 10 percent affordable minimum?
No. Subsection (b)(1)d says the density bonus is not included when determining the number of housing units equal to ten percent of the total. The affordable share is measured against the units before the bonus is added, and the same exclusion applies at five percent for very low income units.
What must the city find before it approves a bonus?
Under subsection (e) the city must find five things: the project meets section 90-163, the bonus and incentives cause no specific adverse impact on public health or safety, none on a property in the California Register of Historical Resources, the section 90-165 covenants are satisfied, and the affordable units are comparable in quality and dispersed throughout the project.
Can a bonus project also request concessions or incentives?
Yes, under section 90-164. A project with at least 10 percent lower income units, 5 percent very low income units or 10 percent moderate income condominium units can request one incentive or concession, two at 20, 10 and 20 percent, and three at 30, 15 and 30 percent. The approval body decides the request, and that body is the director, commission or council handling the underlying permit.

Sources & Official References

Other rules in Hemet

All Hemet rules

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