Mountain View, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Minimum project size
- 5 or more base units
- Very low-income set-aside
- 5% of base units (Sec. 50105)
- Lower-income set-aside
- 10% of base units (Sec. 50079.5)
- Senior housing threshold
- 35+ dwelling units, age-restricted
- Rental affordability term
- 55 years minimum (Sec. 36.48.85)
- Governing division
- City Code Sec. 36.48.65-36.48.95
- State law layered on top
- Gov. Code Sec. 65915, State Density Bonus Law
Summary
Mountain View City Code Sec. 36.48.80 requires the city to grant a density bonus above zoning and general plan limits when a housing development of five or more base units sets aside 5% of units for very low-income households, 10% for lower-income households, or 10% for moderate-income common-interest units, implementing State Density Bonus Law (Gov. Code Sec. 65915) locally.
The city shall grant one (1) density bonus, the amount of which shall be as specified below, provide incentives/concessions, waive development standards and apply no more than the parking maximums as described in State Density Bonus Law when an applicant proposes to construct a housing development with five (5) or more base units, containing at least one (1) of the following:1.Very low-income units. Five (5) percent of the base units of a housing development for very low-income households, as defined in Health and Safety Code Section 50105.2.Lower-income units. Ten (10) percent of the base units of a housing development for lower-income households, as defined in Health and Safety Code Section 50079.5.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 34 Update 4).
Full Breakdown
Division 8 of Article XVI (Sec. 95) implements California's State Density Bonus Law inside the zoning code. A developer proposing five or more base units qualifies for one density bonus, incentives or concessions, development-standard waivers and reduced parking maximums by including very low-income units (5% of base units, Health & Safety Code Sec. 50105), lower-income units (10%, Sec. 5), moderate-income for-sale units in a common-interest development (10%, Sec. 50093), senior housing of 35 or more units, or other categories listed in Government Code Sec. 65915(b) such as transitional foster youth or 100% lower-income projects.
Base units are calculated per Sec. j depending on whether the zoning district measures density in dwelling units per acre or floor area ratio, and any fractional unit rounds up. Applicants may accept a lesser bonus, and granting a bonus alone never triggers a general plan amendment or rezoning study. Affordable units qualifying for the bonus must be dispersed throughout the project and built to the same design and finish standard as market-rate units. Rental units must stay affordable for at least 55 years under Sec.
85, with rents set at the affordable rent defined in Health & Safety Code Sec. 50053; for-sale units carry recorded resale restrictions in perpetuity. Applications go to the community development department with a project summary table, tentative map or site plan, and, for sites with existing tenants, a five-year replacement-unit history under Sec. d. The community development director may adopt administrative guidelines to implement the division. Bonus FAR under a precise plan can substitute for the state bonus, but the two cannot be combined on the same project.
Violations & Fines
A density bonus, waiver or incentive may be denied only on the specific findings listed in Government Code Sec. 65915(d)(1), (e)(1) or (p)(8), per Sec. 36.48.95.b; the city cannot deny a qualifying request for other reasons. Recorded affordability agreements under Sec. 36.48.85.c must spell out remedies for breach by either the developer or the city, and violating the recorded covenant risks loss of the bonus units' occupancy approval. Separately, violating any Mountain View ordinance is a misdemeanor or infraction under City Charter Sec. 520, redressable by civil action or criminal prosecution.
Frequently Asked Questions
How many affordable units does a Mountain View project need for a density bonus?
How long must density bonus units in Mountain View stay affordable?
Can Mountain View deny a qualifying density bonus request?
Sources & Official References
Other rules in Mountain View
California rules heatmap·Compare Mountain View to another location·View the California zoning overlays & bonuses overview
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Density Bonus Law in Nearby Cities
How other cities in Santa Clara County handle density bonus law.