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

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

Key Facts

Maximum density bonus
35% above base density, per Gov. Code §65915
Application filed with
Planning director, concurrent with development plan review
Fee
Density bonus application fee set by city council resolution
Covenant required
Recorded before building permit issues
Waiver denial grounds
4 findings incl. historic resource harm
Parking reduction
Per Government Code §65915(p)

Summary

Temecula grants density bonuses of up to 35 percent above the base zoning density for qualifying affordable housing projects under Municipal Code Section 17.06.050(P), implementing state Government Code Section 65915. Applicants file with the planning director alongside their development plan review and pay a council-set fee.

In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the city council. ... For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. Except as otherwise required by Government Code Section 65915, the amount of the density bonus shall not exceed 35 percent.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4862229; v11 updated 2026-04-14).

Full Breakdown

050(P) of the Temecula Development Code sets the procedure and cap for density bonus requests. An applicant files with the planning director on an approved form, concurrently with the required development plan review or administrative approval application, and pays a density bonus application fee set by resolution of the city council. Staff processes the density bonus request in the same review track as the underlying development application rather than as a separate track. The applicant must submit documentation establishing eligibility for the requested bonus, incentives, concessions, or waivers of development standards.

For a qualifying housing development, the city grants the bonus in the amount specified by Government Code Section 65915, and except where that state statute requires otherwise, the local cap on the bonus is 35 percent above the maximum allowable residential density set by the zoning ordinance or, if inconsistent, by the general plan land use element (the general plan controls when the two conflict). An applicant may also request a waiver or reduction of a development standard that would physically preclude building the bonus units; the city must grant it unless the standard does not actually preclude construction, causes a specific adverse health, safety, or environmental impact with no feasible mitigation, harms a California Register of Historical Resources property, or would violate state or federal law.

Parking reductions follow Government Code Section 65915(p). Before a building permit issues, the developer must record a covenant ensuring continued affordability, and affordable units must be built concurrently with or before market-rate units and integrated throughout the project rather than clustered.

Violations & Fines

No building permit issues for a density bonus project until the affordability covenant is recorded against the property as required by subsection 10. A project that would be excluded from eligibility under Government Code Section 65915 cannot receive a density bonus or any incentive, concession, waiver, or reduction under subsection 12. The planning director administers compliance through the development plan review file; disputes over a denied incentive or waiver finding are addressed through the same appeal process as the underlying development application under Section 17.03.090.

Frequently Asked Questions

How large a density bonus can a Temecula project get?
Up to 35 percent above the maximum density otherwise allowed by the zoning ordinance or general plan, unless Government Code Section 65915 requires a different amount. The bonus units themselves are excluded from the count used to qualify the project for the bonus in most cases.
Who reviews a Temecula density bonus application?
The planning director processes it in the same review track as, and concurrently with, the required development plan review or administrative approval application. The applicant pays a density bonus application fee set by city council resolution when filing.
What must a developer provide to keep a Temecula density bonus?
Before a building permit is issued, the developer must record a covenant guaranteeing continued affordability, and the affordable units must be built concurrently with or before the market-rate units and mixed throughout the buildings, not segregated.
Does state law override Temecula's density bonus rules?
Yes. Section 17.06.050(P)(13) states the provision is interpreted to fulfill Government Code Section 65915, and any future amendment to that state statute supersedes any conflicting local text in this section.

Sources & Official References

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