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

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

Key Facts

Minimum project size
5+ dwelling units, incl. mixed-use
Lower-income entry bonus
10% units = 20% density bonus
Very low-income entry bonus
5% units = 20% density bonus
Senior housing bonus
Flat 20% bonus, or unlimited density if 100% senior
100% affordable projects
80% density bonus
Near major transit stop
No maximum density control at all
Commercial developer bonus
Up to 20% more height/FAR/intensity

Summary

Santa Clara grants density bonuses of up to 50% under Zoning Code Chapter 18.64 to housing developments that set aside affordable units, but only projects of five or more dwelling units qualify. The bonus scales with the share of low-, very low-, senior, or moderate-income units provided.

Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments... The Council shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application to the City.

Full Breakdown

64 of Santa Clara's Zoning Code implements the City's local density bonus program alongside Government Code Section 65915. 020(D), the bonus is available "only to a housing development of five or more dwelling units, including mixed-use developments," so single-family and small-lot projects do not qualify. 030 sets the bonus scale: a project reserving 10% of units for lower-income households earns a 20% density bonus, rising on Table 4-5 to a 50% bonus at 24% low-income units. Very low-income set-asides start at 5% of units for a 20% bonus and reach 50% at 15% of units (Table 4-6).

Senior citizen developments and qualifying mobile home parks get a flat 20% bonus, and a project restricting 100% of units to senior housing may build at any residential density compatible with neighboring uses. For-sale developments with 10% moderate-income units start at a 5% bonus, growing to 50% at 44% moderate-income units (Table 4-7). Projects that are 100% affordable (except a manager's unit) receive an 80% density bonus, and if the site sits within one-half mile of a major transit stop the City "shall not impose any maximum controls on density" at all.

020(E) also lets a commercial developer earn a development bonus, up to a 20% increase in allowable intensity, floor area ratio, or height, or a 20% parking reduction, by partnering with a housing developer to fund at least 30% low-income or 15% very low-income units, with the agreement reviewed and approved by the City and reported annually to the state Department of Housing and Community Development under Government Code Section 65400.

Violations & Fines

There is no fine schedule tied to Chapter 18.64 itself; the bonus is an entitlement, not a prohibition. The City's leverage is procedural: under Section 18.64.020(E)(6), if a commercial development bonus partner fails to start building the affordable units on the agreed timeline, "the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units." Density bonus requests are processed under Section 18.64.090 and approved projects are locked in through a recorded density bonus agreement under Section 18.64.100, with continued affordability enforced under Section 18.64.070.

Frequently Asked Questions

How many affordable units does a Santa Clara project need for a density bonus?
A minimum of 10% of units for lower-income households or 5% for very low-income households, per Zoning Code Section 18.64.030's Tables 4-5 and 4-6. The project must also contain at least five dwelling units total under Section 18.64.020(D); smaller projects do not qualify for any density bonus.
What is the largest density bonus Santa Clara allows?
A 50% density bonus applies to projects with 24% low-income units, 15% very low-income units, or 44% moderate-income for-sale units under Section 18.64.030's tables. A 100% affordable development can receive an 80% bonus, and one within a half-mile of a major transit stop faces no density cap at all.
Can a commercial project in Santa Clara get a density-style bonus?
Yes. Section 18.64.020(E) lets a commercial developer partner with a housing developer to fund at least 30% low-income or 15% very low-income units and, in exchange, receive up to a 20% increase in intensity, floor area ratio, or height, or a 20% parking reduction, subject to City review and approval.
Does Santa Clara's density bonus reduce required affordable housing fees?
No. Section 18.64.020(E)(4) states a development bonus "shall not include a reduction or waiver of the requirements specified in Chapter 17.40," the City's affordable housing fee chapter, so the fee obligation stands regardless of any density or incentive bonus granted under Chapter 18.64.

Sources & Official References

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