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

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

Key Facts

Applies to
Residential projects of five or more dwelling units
Approval path
Conditional use permit; Commission recommends, Council decides
Lower-income threshold
10% of units earns a 20% bonus and one concession
Bonus cap
35% density bonus
By-right parking maximum
One space for 0-1 bedrooms, two for 2-3, 2 1/2 for 4+
Ordinance
Ord. 24-13, adopted October 1, 2024

Summary

In the City of San Jacinto, California, a residential project of five or more dwelling units can request a density bonus under Chapter 17.310 of the Municipal Code. Qualifying projects get by-right parking maximums plus a menu of concessions, and every request goes through a conditional use permit that the Commission recommends and the City Council decides.

C. Type of incentive or concession. The following types of concessions or incentives are available for an eligible project: 1. By-right parking incentives. Parking incentives are available for an eligible project by-right and are not included when calculating the number of concessions and incentives that are allowed in Table 3-3 (Summary of State-Mandated Density Bonus Requirements). a. Density bonus developments shall be granted the following maximum parking standards, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a project applicant: i. Zero to one bedrooms: One on-site parking space. ii. Two to three bedrooms: Two on-site parking spaces. iii. Four and more bedrooms: 2 1/2 on-site parking spaces. ... i. Up to a 15% deviation from one side setback requirement. ii. Up to a 10% deviation from parcel coverage requirement.

Full Breakdown

Chapter 17.310 (Affordable Housing, Density Bonuses) implements Government Code Section 65915 and the Housing Element of the General Plan. Under § 17.310.020 it applies to proposed residential development of five or more dwelling units where the zone allows the use. Table 3-3 in § 17.310.030 sets the thresholds. A project that sets aside 10% of its units for lower income households qualifies for a 20% density bonus and one concession or incentive, and the bonus climbs 1.5% for every 1% of dedicated units above that threshold, up to a 35% maximum. A very-low income set-aside starts at 5%, adds 2.5% per 1%, and is also capped at 35%. A senior project that is 100% age-restricted earns a 20% bonus. Fractional units round up to the next larger integer.

Section 17.310.040 grants parking maximums by right: one on-site space for zero to one bedrooms, two spaces for two to three bedrooms, and 2 1/2 spaces for four or more bedrooms, counting uncovered parking but not on-street parking. In residential zones the discretionary menu runs from a 15% deviation from one side setback and a 10% deviation from parcel coverage to a 15% deviation from front or rear setbacks (rear setback still at least five feet) and a 10% cut in required parking. In commercial zones the menu removes any limit on stories within the zone's height limit or reduces the private open space requirement. Waivers of development standards fall under § 17.310.050 and apply to the whole development, not parcel by parcel.

Section 17.310.060 sends the request through a conditional use permit under Chapter 17.605. The applicant files with the first application for the project, pays the City's cost of any consultant review, and submits a pro-forma showing the concession produces an identifiable, financially sufficient, and actual cost reduction. A density bonus agreement in recordable form binds all future owners.

Violations & Fines

The City denies an incentive or concession only on a written finding backed by substantial evidence under § 17.310.070(B), such as a specific adverse impact on public health or safety. After approval, failure to comply with a condition imposed by any entitlement, permit, or agreement is citable under Chapter 1.28, where each day is a separate offense and the administrative penalty for a violation with no specific penalty is $1,000.

Frequently Asked Questions

Which projects in the City of San Jacinto qualify for a density bonus?
Section 17.310.020 limits Chapter 17.310 to proposed residential development of five or more dwelling units in a zone that allows the use. Table 3-3 then sets the minimum share of restricted affordable units: 10% for lower income households, 5% for very-low income households, and 10% for moderate-income households, the last only in a common interest development where all units are offered for sale. A 100% age-restricted senior project earns a 20% bonus.
Who approves a density bonus request in San Jacinto?
Section 17.310.060 routes the request through a conditional use permit under Chapter 17.605. The Commission recommends to the City Council, and the Council makes the final decision. The application is filed with the first application for the development project and processed concurrently with every other permit the project needs. The applicant pays the City's cost of reviewing supporting data, including any consultant.
Does San Jacinto have to waive fees for a density bonus project?
No. Section 17.310.040(D) says nothing in the section requires the City to provide direct financial incentives, including financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole and absolute discretion can choose to provide them. Section 17.310.040(E) adds that granting an incentive or concession does not by itself require a General Plan or Zoning Map amendment.
Can the City deny a requested concession?
Yes, but only on a written finding based on substantial evidence under § 17.310.070(B). The three grounds are that the concession is not required to provide affordable rents or ownership costs, that it would have a specific adverse impact on public health, safety, the physical environment, or a California Register historical property, or that it would be contrary to state or federal law.

Sources & Official References

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