Skip to main content
CityRuleLookup
Key FactsOrdinance TextFull BreakdownViolationsFAQSourcesMore in San Jose

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

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

Key Facts

State law
Gov Code §65915
Max bonus
80% all-affordable projects
Local code
SJMC Title 20 + 18.27
Parking
0.5 spaces near transit
Streamlining
AB-2011 and SB-423

Summary

California Government Code §65915 grants developers up to 50–80 percent density bonuses, parking reductions, and three concessions for restricting units to lower-income or moderate-income tenants. San Jose implements the state law through SJMC Title 20 and Title 18.27 inclusionary housing.

(B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:

Source: CA Gov Code §65915 — Density Bonus LawView official code

Full Breakdown

Gov Code §65915 (most recently expanded by AB-1287 in 2024) requires every California city to grant density bonuses when developers reserve units for very low, lower, or moderate income households. Bonuses scale up to 80 percent additional units for 100-percent affordable projects and 50 percent for mixed-income, plus four to five concessions, height waivers, and parking ratios as low as 0.5 spaces per unit near transit. San Jose's Title 20 zoning and Title 18.27 Inclusionary Housing Ordinance implement and stack atop the state floor, with the Housing Department processing applications. Projects can also use AB-2011 (commercial-zone-to-housing) and SB-423 streamlining for additional approval certainty in San Jose's transit-rich corridors.

Violations & Fines

Cities denying lawful density-bonus applications face Housing Accountability Act lawsuits, fines up to $10,000 per unit, and forced approval. Developers misrepresenting affordability commitments face deed-restriction enforcement and recapture.

Frequently Asked Questions

Can the city deny a density-bonus project?
Only on specific health-and-safety findings under the Housing Accountability Act. Generic objections like neighborhood character or aesthetics are not lawful grounds. Most denials are reversed on appeal or by court order.
How long do affordability restrictions last?
55 years for rental units and 45 years for ownership, recorded as deed restrictions. The Housing Department monitors compliance, income-certifies tenants, and enforces resale or re-rental price limits over the term.

Sources & Official References

Other rules in San Jose

Downtown Design GuideSome RestrictionsNoise Ordinances: Aircraft NoiseSignificant RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Preferential Parking DistrictsSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All San Jose rules

California rules heatmap·Compare San Jose to another location·View the California zoning overlays & bonuses overview

Get notified when Density Bonus Law in San Jose, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Density Bonus Law in Nearby Cities

How other cities in Santa Clara County handle density bonus law.

Sunnyvale, CA
Some Restrictions
Santa Clara, CA
Some Restrictions
Mountain View, CA
Some Restrictions