Mixed Use Density Bonuses
Santa Clara City Code § 18.64.130
in effectA. When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subsection C. to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus as prescribed in subsection B. Housing shall be constructed on the site of the commercial development or on a site that is all of the following:
1. Within the boundaries of the City of Santa Clara
2. In close proximity to public amenities including schools and employment centers.
3. Located within one-half mile of a major transit stop.
B. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:
1. Up to a 20-percent increase in maximum allowable intensity in the General Plan.
2. Up to a 20-percent increase in maximum allowable floor area ratio.
3. Up to a 20-percent increase in maximum height requirements.
4. Up to a 20-percent reduction in minimum parking requirements.
5. Use of a limited-use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
C. For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City.
D. For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:
1. The commercial developer may directly build the units.
2. The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
3. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.
E. Replacement Housing. For purposes of this section, subparagraph (A) of paragraph (3) of subdivision
(c) of Section 65915, as may be amended, shall apply.
F. If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subsection C., the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
G. In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income households or at least 15 percent of the total units for very low-income households.
H. Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under this Chapter.
I. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within Chapter 17.40.
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026