Santa Monica — Density Bonus

Calculating Base Density and Bonus Units

In residential districts, base density is determined in dwelling units per acre, with fractional base-density calculations rounded up. § 9.22.050(C)(1). For nonresidential districts without a dwelling-units-per-acre standard, the City looks to realistic site capacity under objective standards—such as FAR, coverage, height, stories, setbacks, stepbacks, open space, required nonresidential area, and parking—and the applicant may submit a base-density study addressing those standards. § 9.22.050(C)(2).

The governing equation is:

Density bonus = base density × granted density-bonus percentage. § 9.22.050(D)(1)

Fractional bonus calculations are rounded up to the next whole unit. § 9.22.050(D)(3). The proposed project must retain the same average unit size and relevant project details used in the base-density study, except where a valid concession or waiver changes the applicable standard. § 9.22.050(C)(2).

For tiered development standards, base density is the maximum units allowed at the selected tier. § 9.22.030; § 9.22.050(C)(3). For a shared-housing building, one “unit” includes one shared-housing unit plus its pro-rated associated common area. § 9.22.050(D)(4).

District and Geographic Application

Residential Zones

Chapter 9.22 provides a residential-zone menu of by-right concessions: up to a 15% deviation from one side setback, a 10% floor-area increase, a 15% rear-setback deviation, and one additional story plus 6 ft of height. § 9.22.060(B)(1).

The source materials do not identify which individual Santa Monica residential district designations—such as R-1, R-2, R-3, or R-4—are eligible for a particular housing type, their purposes, permitted uses, or their underlying dimensional standards. Verify the parcel’s applicable Santa Monica Zoning and Santa Monica Development Standards before establishing base density or requesting a concession.

Nonresidential Zones

For housing developments in all nonresidential zones, the by-right menu includes up to 11 ft of additional height, a 10% reduction in minimum ground-floor height, a 50% reduction in private outdoor living area if an equivalent common outdoor-living-area amount is substituted, a 5% reduction in market-rate unit-mix requirements, a 10% reduction in residential parking, a 10% reduction in long-term residential bicycle parking, and floor area needed for the bonus units based on the project’s average unit size. § 9.22.060(B)(2).

The source materials do not establish individual commercial or mixed-use district names, purposes, permitted uses, FARs, setbacks, or height limits. Confirm the site’s underlying district, its selected tier if applicable, and its objective standards through Santa Monica Land Use before preparing the base-density study. § 9.22.050(C)(2)–(3).

Major-Transit-Stop and Very-Low-Vehicle-Travel Areas

A qualifying 100% Affordable Housing Project in the stated transit or VMT geography may receive no maximum density control and up to three additional stories or 33 ft of height. The height increase does not consume one of the project’s five available incentives or concessions. § 9.22.050(B)(3)(d)(ii); § 9.22.060(B)(3).

The specific Santa Monica major transit stops and qualifying very-low-VMT areas are not identified in the source materials. Verify the jurisdiction’s mapping and the proposed development’s one-half-mile measurement. § 9.22.030.

Pico Neighborhood Area

A project receiving both the no-maximum-density treatment and the three-story or 33-ft height increase may seek additional development-standard waivers, but those additional waivers cannot add further height or stories. This added waiver pathway is unavailable in the Pico Neighborhood Area shown on Figure 9.40.020.A. § 9.22.070(C).

The source materials do not provide the Pico Neighborhood Area boundary or underlying district standards. Verify the parcel’s location and any applicable Santa Monica Overlay Districts requirements. § 9.22.070(C).

Incentives, Concessions, and Waivers

The number of incentives or concessions increases with the affordable-unit commitment: one at the initial threshold, two at higher thresholds, three at 15% very low, 24% low, or 30% moderate for-sale; four at 16% very low or 45% moderate for-sale; and five for a qualifying 100% Affordable Housing Project. § 9.22.060(A).

A concession can include a reduction in a site-development standard, zoning or architectural requirement, mixed-use zoning approval when it reduces housing cost and is compatible, or another regulatory measure producing identifiable and actual cost reductions. § 9.22.030. Parking may therefore be both a development standard and a separate density-bonus entitlement; confirm the underlying Santa Monica Parking baseline before calculating a requested reduction. § 9.22.030; § 9.22.060(C).

An eligible applicant may request a waiver or reduction of any development standard that physically precludes construction at the Chapter 9.22 density or with permitted concessions. The request must show that physical preclusion; a waiver does not increase or reduce the number of available incentives or concessions. § 9.22.070(A)–(B).

For non-menu concessions, the Director must grant the request unless substantial evidence supports a written finding of no identifiable, actual cost reduction; a specific unmitigable adverse impact; historic-resource impact; or conflict with state or federal law. § 9.22.080(C)(1). Similar, limited findings apply to a waiver request. § 9.22.080(C)(2).

A density bonus, incentive, concession, waiver, reduction, or revised parking standard does not by itself require a general-plan amendment, zoning amendment, variance, or another discretionary approval. § 9.22.080(B). Separate Santa Monica Design Review or Santa Monica Historic Preservation obligations are not determined by Chapter 9.22 and should be verified with the jurisdiction.

Application and Affordability Controls

The Chapter 9.22 request must accompany the first application for housing-development approval and is processed concurrently with the other required development applications. § 9.22.080(A). The application must include a site plan identifying total, affordable, and bonus units; target income and affordability protections; and every requested concession, waiver, reduction, or parking modification. § 9.22.080(A)(1)–(3).

A non-menu concession needs information showing identifiable and actual cost reductions. A development-standard waiver needs information showing the standard physically precludes the requested project. § 9.22.080(A)(3).

Before a building permit is issued, the applicant must agree to continued affordability of restricted affordable units under the identified state-law and Affordable Housing Production Program provisions. § 9.22.050(E). Chapter 9.22 does not reduce Affordable Housing Production Program requirements, including the affordable-housing obligation. § 9.22.020.

Information Gaps

The source materials do not establish:

• Individual Santa Monica district purposes, permitted uses, FARs, lot coverage, setbacks, heights, or district-by-district base densities.
• The full text of every eligibility category referenced in § 9.22.040(A)(1).
• The locations of qualifying major transit stops, qualifying VMT areas, or the Pico Neighborhood Area boundary.
• Whether a particular project also requires design review, historic review, subdivision approval, or other entitlement.

Verify with the jurisdiction.

Checklist

• Confirm the project is a qualifying housing development and select one qualifying affordability or special-housing category. § 9.22.030; § 9.22.040(A)(1)
• Calculate base density using the applicable residential density standard or an objective-standards base-density study. § 9.22.050(C)
• Calculate the requested density bonus and round fractional units up. § 9.22.050(D)(1), (3)
• Determine whether the project qualifies for the separate additional density-bonus rules. § 9.22.050(B)(5)
• Identify the number and type of concessions or incentives requested. § 9.22.060(A)–(C)
• For every waiver, document how the standard physically precludes the requested density or incentive-supported project. § 9.22.070(A)
• Submit the Chapter 9.22 request with the first housing-development application, including the required plans and affordability information. § 9.22.080(A)
• Execute the required continued-affordability commitment before building-permit issuance. § 9.22.050(E)

Risks & Ambiguities

Plain-English Summary

In Santa Monica, a qualifying housing project can add units above ordinary density by committing to specified affordable or special-needs housing, then may seek defined concessions, parking relief, or a waiver when a rule physically blocks the bonus project. The key work is proving the correct base density, choosing the proper eligibility path, and submitting the request with the project’s first application. § 9.22.040; § 9.22.050; § 9.22.080.

Source References

• Santa Monica Municipal Code § 9.22.010 — purpose and State Density Bonus Law implementation.
• Santa Monica Municipal Code § 9.22.020 — relationship to the Affordable Housing Production Program.
• Santa Monica Municipal Code § 9.22.030 — Chapter 9.22 definitions.
• Santa Monica Municipal Code § 9.22.040 — eligibility.
• Santa Monica Municipal Code § 9.22.050 — density-bonus amounts and calculations.
• Santa Monica Municipal Code § 9.22.060 — incentives, concessions, and parking incentives.
• Santa Monica Municipal Code § 9.22.070 — waivers and reductions of development standards.
• Santa Monica Municipal Code § 9.22.080 — application procedures and findings.
• Santa Monica Municipal Code § 9.04.120 — residential-density calculation rule.
• Santa Monica Municipal Code § 9.64.065 — identified off-site option provisions for certain previously entitled projects.