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

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

Key Facts

Governing state law
Gov't Code § 65915, Density Bonus Law
Local rounding rule
Fractional units round up
Application timing
Filed with the housing development application
Agreement required
Recorded regulatory agreement, city-attorney form
Unit placement
Affordable units dispersed, not clustered
Appeals
Follow § 18.66.080 CUP procedure

Summary

The City of La Habra implements the state Density Bonus Law locally through Chapter 18.80 of its municipal code. La Habra Municipal Code § 18.80.030 grants density bonuses, concessions, incentives, waivers, and reduced parking ratios under Government Code § 65915, while § 18.80.060 adds the city's own regulatory-agreement and unit-dispersal requirements.

§ 18.80.010. Purpose — Applicability. ... A. The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code Section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city. ... ... § 18.80.040. Density bonus calculations and requirements.) A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. ... ... § 18.80.060. Requirements. ... A. The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. ... ... G. Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas.

Full Breakdown

Chapter 18.80 does not set its own density bonus percentages; instead § 18.80.030 directs the city to grant density bonuses, concessions or incentives, and waivers or reductions of development standards and parking ratios strictly in accordance with the state Density Bonus Law, Government Code § 65915 et seq., and states that the state law prevails if it conflicts with the local chapter. What the chapter adds locally is process. Section 18.80.040 sets rounding rules unique to La Habra's administration of the law: any fractional unit in a base-density or bonus-density calculation is rounded up to the next whole number, as is any fraction of a required affordable unit, and the bonus units themselves are not counted toward the affordable-unit total needed to qualify.

Section 18.80.050 requires an affordable housing application to be filed concurrently with the housing development application and to include a site plan, a summary table comparing bonus units to the general-plan baseline, tenure information, a five-year rent history of existing units, and documentation supporting any requested incentive, concession, or waiver. Section 18.80.060 requires the applicant to sign a recorded regulatory agreement approved by the city attorney, to pay the city's costs for third-party consultants who help draft it, to build affordable units concurrently with market-rate units unless the agreement sets another schedule, and to disperse affordable units throughout the development rather than clustering them. Section 18.80.070 routes any appeal of a density bonus decision through the conditional use permit appeal procedure in § 18.66.080.

Violations & Fines

Chapter 18.80 carries no separate penalty of its own; density bonus approval or denial rides with the underlying housing development application under § 18.80.050(E), and a project found inconsistent with the chapter or the state Density Bonus Law must be given written notice of the inconsistency under the Housing Accountability Act, Government Code § 65589.5, before the city can deny or condition it. Disputes go through the § 18.80.070 appeal path.

Frequently Asked Questions

Does La Habra have its own density bonus percentages?
No. Section 18.80.030 directs the city to grant density bonuses, incentives, waivers, and parking reductions strictly according to the state Density Bonus Law, Government Code § 65915 et seq., and the state law controls if it ever conflicts with the local chapter, so the percentages themselves come from state law, not a separate city schedule.
What does the city add beyond the state density bonus law?
Mainly process: § 18.80.040 sets local rounding rules for fractional units, § 18.80.050 lists the specific application materials the planning department wants, and § 18.80.060 requires a recorded regulatory agreement with the city attorney plus dispersal of affordable units throughout the project rather than clustering them in one area.
How are affordable units required to be placed within the project?
Section 18.80.060(G) requires affordable units to be dispersed throughout the housing development rather than clustered in a single area or a few areas, and subsection (D) requires them to match the size, bedroom count, and amenities of the market-rate units in the same development.
Can I appeal a density bonus decision in La Habra?
Yes. Section 18.80.070 routes any appeal of a density bonus, incentive, concession, or waiver decision through the same procedure set out for conditional use permit appeals in § 18.66.080 of the municipal code, so the timing, fee, and hearing body match whatever that CUP appeal chapter specifies for the underlying project.

Sources & Official References

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