Skip to main content
CityRuleLookup

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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
File with the community development department on the form approved by its director, at the same time as your design review permit, staff review permit, or administrative approval application. You pay a density bonus application fee set by city council resolution when you submit. The same reviewing authority that decides the companion permit decides the density bonus.
What must a Highland density bonus application show?
It must state the number of base units allowed by the general plan and zoning, the number of density bonus units requested, and the number of affordable units included. Reasonable documentation of eligibility for the bonus, incentives, concessions, waivers, and parking ratios goes to the community development director. If zoning sets no per-acre density, a base density study is required.
On what grounds can the city refuse a waiver of a development standard?
Subsection I lists the findings: the standard does not physically preclude the project at the bonus density, the waiver would cause a specific adverse impact on health, safety, or the physical environment with no feasible mitigation, it would harm real property listed in the California Register of Historical Resources, or it would be contrary to state or federal law.
How is a density bonus decision appealed in Highland?
Appeals of a decision to grant or deny a density bonus, or an incentive, concession or waiver of a development standard, are governed by HMC § 16.08.210 under the Chapter 16.08 procedures. Subsection O adds that any change to Government Code Section 65915 supersedes conflicting provisions of the local section, so the state statute controls where the two differ.

Sources & Official References

Other rules in Highland

All Highland rules

California rules heatmap·Compare Highland to another location·View the California zoning overlays & bonuses overview

Get notified when Density Bonus Law in Highland, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Density Bonus Law in Nearby Cities

How other cities in San Bernardino County handle density bonus law.

Rancho Cucamonga, CA
Some Restrictions
Victorville, CA
Some Restrictions
Chino, CA
Some Restrictions
Rialto, CA
Few Restrictions