Upland, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- State authority
- Gov. Code §§ 65915-65918
- Minimum project size
- 3 or more dwelling units
- Base bonus at 5% very-low-income
- 20% density bonus
- Maximum bonus
- 35% (more with findings)
- Affordability term
- 30 years minimum
- Review authority
- Development Services Director
- Public hearing required?
- No
Summary
Upland's Density Bonus Program, implementing state Government Code Sections 65915 to 65918, lets developers of three or more units exceed zoned density in exchange for affordable units. A project with 5 percent very-low-income units gets a 20 percent bonus, scaling up to a 35 percent cap, and applicants can request added incentives, parking concessions, or waivers through a ministerial permit with no public hearing.
§ 17.17.050. Amount of Density Bonus. A. In calculating the number of density bonus units to be granted, the applicant shall elect whether the bonus shall be awarded on the basis of Subsection A, B, C, or D of Section 17.17.040 (Calculation of Density Bonus). For the purposes of this section, "total units" does not include units added by a density bonus awarded. 1. Housing developments with very low income units equaling 5 percent of the total residential units shall be permitted a 20 percent density bonus plus a 2.5 percent increase in density bonus for each 1 percent increase in the percentage of very low income units above 5 percent, up to a maximum of 35 percent... D. The applicant is not entitled to a density bonus of more than 35 percent. However, the City may grant a density bonus greater than 35 percent if the applicant satisfies additional requirements set down in this chapter as determined by the Development Services Director.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4480959; v4 updated 2025-09-22).
Full Breakdown
17 applies wherever a residential project of three or more units proposes density beyond what the zone otherwise allows. 040 sets four qualifying paths: at least 5 percent very-low-income units, 10 percent low-income units, a senior housing development, or 10 percent moderate-income units in a condominium or planned development. 17-3. Beyond 35 percent, the Development Services Director can grant a larger bonus only if the applicant satisfies additional chapter requirements. 060. 100 that stack with the base calculation up to a combined 35 percent cap. 110 is processed administratively by the Development Services Director with no public notice or hearing required.
Violations & Fines
Because a density bonus permit is a ministerial approval, the Development Services Director denies noncomplying applications rather than issuing citations. A project that fails to maintain the required affordability restrictions after occupancy, such as the 30-year rent restriction in Section 17.17.060, can lose its density bonus entitlement and face code enforcement for the resulting zoning violation created by units built above the base density allowed for the site.
Frequently Asked Questions
How much extra density can a developer get in Upland for affordable units?
Does a density bonus project need a public hearing in Upland?
How long must the affordable units stay affordable?
Sources & Official References
Other rules in Upland
California rules heatmap·Compare Upland to another location·View the California zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in San Bernardino County handle density bonus law.