Highland, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- State law implemented
- California Government Code Section 65915
- Where to file
- Community development department, alongside design review, staff review, or administrative approval
- Application fee
- Established by resolution of the city council
- Affordability agreement
- Recorded as a covenant before the building permit
- Affordable unit timing
- Built concurrently with or before market rate units
- Appeals
- Governed by HMC § 16.08.210
Summary
The City of Highland, California implements the State Density Bonus Law through Highland Municipal Code § 16.40.090. An applicant files with the Community Development Department alongside a design review, staff review, or administrative approval application, pays a fee set by council resolution, and must record an affordability agreement before receiving a building permit.
A. The purpose of the provisions of this section is to provide incentives for the production of specific housing types for populations, including, but not limited to, very low income, lower income, moderate income, and senior households, in accordance with California Government Code Section 65915, commonly referred to as the State Density Bonus Law. ... ... E. For a housing development qualifying pursuant to the requirements of California Government Code Section 65915, the city shall grant a density bonus in an amount specified by California Government Code Section 65915. ... ... M. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units. ... ... P. Appeals of a decision to grant or deny a density bonus, or an incentive, concession or waiver of a development standard shall be governed by HMC § 16.08.210.
Full Breakdown
Highland Municipal Code § 16.40.090 is the City of Highland's local procedure for California Government Code Section 65915. Subsection B requires a density bonus application on a form approved by the community development department director, filed concurrently with a design review permit, staff review permit, or administrative approval application, with a density bonus application fee established by resolution of the city council paid at submission. Under subsection C, staff processes it the same way and at the same time as that companion application, and the reviewing authority is the same one.
The application must show the number of base units allowed by the city general plan and zoning regulations, the number of density bonus units requested, and the number of affordable units in the project, with reasonable documentation of eligibility to the satisfaction of the community development director. Where the zoning has no density-per-acre standard, the developer prepares a base density study. The city grants the bonus in the amount Section 65915 specifies, and grants requested incentives or concessions unless it makes a written finding listed in Section 65915(d). Senior citizen housing developments that qualify for a bonus receive no incentives or concessions unless the state statute is amended to require them. Waivers of development standards are approved unless the city makes one of the findings listed in subsection I, including an adverse impact on property listed in the California Register of Historical Resources. Reduced parking follows Section 65915(p).
Before a building permit issues, the applicant records an affordability agreement as a covenant against the property, on a form approved by the city attorney. Under subsection M, the qualifying affordable units must be constructed concurrently with or before the market rate units and be integrated so each building holds a mix. Subsection N denies a bonus to projects excluded under state law, including those that fail to replace existing housing units. Appeals go through HMC § 16.08.210. Under subsection O, any change to Section 65915 supersedes a conflicting provision of the local section.
Violations & Fines
A project cannot receive a building permit until the affordability agreement is recorded, and the affordable units that qualify it for the bonus cannot lag behind market rate construction. A violation of § 16.40.090 falls under § 1.24.010: a misdemeanor unless prosecuted as an infraction, a separate offense for each day, and open to an administrative citation under Chapter 2.56.
Frequently Asked Questions
Where do I apply for a density bonus in the City of Highland?
What must a Highland density bonus application show?
On what grounds can the city refuse a waiver of a development standard?
How is a density bonus decision appealed in Highland?
Sources & Official References
Other rules in Highland
California rules heatmap·Compare Highland to another location·View the California zoning overlays & bonuses overview
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