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Cupertino, 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 chapter
Cupertino Municipal Code Ch. 19.56
Minimum project size
Net increase of 5 units
Very low income bonus range
20% to 50%
Senior housing bonus
20% flat, 35+ units
Land donation bonus
15% base, up to 35%
State law implemented
Gov. Code § 65915

Summary

Cupertino's density bonus ordinance implements the State Density Bonus Law by granting extra units to housing developments that set aside affordable units. A project with a net increase of at least five units can earn a bonus of up to 35 to 50 percent depending on the affordability mix.

19.56.010 Purpose. The density bonus ordinance codified in this chapter is intended to comply with the State Density Bonus Law, Government Code Section 65915, which provides that a local agency shall adopt an ordinance specifying how the agency will comply with that section. ... 19.56.020 Eligibility for Density Bonus. Housing developments resulting in a net increase of at least five units (excluding density bonus units) are eligible for a density bonus as provided in this chapter, when the applicant for the housing development agrees or proposes at least one of the following and meets the requirements of Section 19.56.020C, if applicable: ... Ten percent of the total units affordable to lower income households at affordable rent or affordable housing cost; or Five percent of the total units affordable to very low income households at affordable rent or affordable housing cost; or ... ... B. Senior housing developments are entitled to a maximum density bonus of 20 percent provided the development comprises of at least 35 units, conforms to Civil Code Section 51.3 and the units are reserved for qualifying residents.

Full Breakdown

56 of the Cupertino Municipal Code codifies the city's density bonus program under Government Code Section 65915. A housing development gains a net increase of at least five units and qualifies by committing at least 10 percent of units to lower income households, 5 percent to very low income households, 10 percent of units in a common interest development to moderate income households, or by building a qualifying senior citizen housing development. 030 scales the bonus with the affordability level: a 5 percent very low income set-aside earns a 20 percent bonus, rising toward a 50 percent bonus at 15 percent or more very low income units, with parallel scales for low income and moderate income common interest developments.

020C if it applies. 030C can receive a 15 percent bonus, increasing with the amount of additional affordable capacity the donated parcel creates, up to 35 percent. Developments including a qualifying child day care facility can receive either an additional density bonus in square footage or an equivalent concession. 040A, including reduced setbacks, reduced parking, or mixed-use zoning approval, with the number of allowed concessions scaling from one to four based on the affordability percentage. Granting a density bonus, incentive, or concession does not itself require a general plan amendment, zone change, or other discretionary approval, and City review runs concurrently with the underlying housing development application.

Violations & Fines

There is no separate infraction penalty tied to this chapter; it operates through the development review and permitting process. An applicant who misrepresents eligibility or fails to record required deed restrictions on donated land or affordable units risks denial, revocation of the density bonus approval, or enforcement of the deed restriction ensuring continued affordability, which is recorded at the time of transfer under Section 19.56.030C.

Frequently Asked Questions

How many affordable units does a Cupertino project need for a density bonus?
A project needs at least a net increase of five units, then must commit a minimum share to affordability: 10 percent to lower income households, 5 percent to very low income households, or 10 percent to moderate income households in a common interest development, per Section 19.56.020.
Can a Cupertino senior housing project get a density bonus without affordable units?
Yes. Section 19.56.030B grants a flat 20 percent density bonus to senior housing developments of at least 35 units that meet Civil Code Section 51.3's qualifying resident standards, without requiring an affordable set-aside unless Section 19.56.020C separately applies.
Does a density bonus require a zone change in Cupertino?
No. Section 19.56.020 states the granting of a density bonus, incentive, or concession does not itself require a general plan amendment, zone change, or other discretionary approval, and is reviewed concurrently with the housing development.

Sources & Official References

Other rules in Cupertino

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