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

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

Key Facts

Local bonus, parcel consolidation
10% for combining lots into 0.5+ acre site
Local bonus, unit mix
10% for 70% two/three-bedroom units
Local bonus, moderate income
10% for 40% moderate-income units
Local bonus, 100% affordable
Up to 50% additional density
Affordability term (rental)
Minimum 55 years, recorded covenant
Coastal zone
Must still meet Local Coastal Program

Summary

Monterey implements California's State Density Bonus Law (Gov. Code § 65915) under City Code Section 38-112.5, and layers on its own local bonuses: a 10 percent density bonus for consolidating parcels into a half-acre site, another 10 percent for projects that are 70 percent two- and three-bedroom units, and up to 50 percent for 100 percent affordable-housing developments.

A. Purpose.In accordance with California Government Code Section 65915 et seq. (State Density Bonus Law), this section specifies how compliance with State Density Bonus Law will be implemented. ... J. Local Density Bonus. 1. Lot Consolidation.Multifamily housing projects that propose the consolidation of two or more legal parcels to create a single of lot of at least 0.50 acres may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law. ... 4. One Hundred Percent Affordable Housing Developments.Multifamily housing projects meeting the criteria of Government Code Section 65915(b)(1)(G) may obtain a 50 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

Section 38-112.5 is Monterey's local implementation of the state's mandatory Density Bonus Law, so any qualifying housing development is entitled to the density bonus, incentives, parking reductions and development-standard waivers that Government Code Section 65915 provides once the applicant commits to building the required share of very low-, low-, or moderate-income units, senior housing, student housing, a child care facility, or a land donation. Applications go in with the first discretionary or ministerial permit for the project and must include a unit-count summary, the specific Government Code subparagraph the project qualifies under, and a marketing and monitoring plan for projects of 20 units or more.

Beyond the state-mandated bonus, subsection (J) adds bonuses that exist only under Monterey's own ordinance and stack independently on top of State Density Bonus Law. A multifamily project that consolidates two or more legal parcels into a single lot of at least half an acre can earn a 10 percent density bonus. A project where 70 percent of the units are two- and three-bedroom can earn another 10 percent, and in the Alvarado District of the Downtown Specific Plan or the Pacific, Munras, and Cass Multifamily Overlay, that project can also get one additional story of height. A project putting 40 percent of units at moderate income can earn a further 10 percent, and a 100 percent affordable multifamily project can earn a full 50 percent local bonus.

Any density bonus in the coastal zone must still satisfy the certified Local Coastal Program, since state law does not override the Coastal Act, and the City requires a recorded affordable housing benefit agreement, good for at least 55 years on rental units, before it will approve the project.

Violations & Fines

A developer that fails to build or maintain the income-restricted units required by an approved density bonus violates the recorded affordable housing benefit agreement described in Section 38-112.5(F), exposing the project to the compliance remedies specified in that agreement; for-sale units not purchased by an income-qualified buyer within 180 days of occupancy must instead be sold to a qualified nonprofit housing corporation at an affordable cost.

Frequently Asked Questions

Does Monterey offer any density bonus beyond what state law requires?
Yes. Section 38-112.5(J) adds local bonuses on top of State Density Bonus Law: 10 percent for consolidating parcels into a half-acre-plus lot, 10 percent for projects with 70 percent two- and three-bedroom units, 10 percent for 40 percent moderate-income units, and up to 50 percent for a fully affordable development.
Can I combine Monterey's local density bonus with the state bonus?
Yes, the local bonuses under subsection (J) are described as independent from, and additional to, the provisions of State Density Bonus Law, so a qualifying project can stack a local bonus on top of the state-mandated density bonus, incentives, parking reductions and standards waivers.
Does a density bonus project in the coastal zone get special treatment?
The City still requires any density bonus, incentive, waiver or parking reduction in the coastal zone to meet the certified Local Coastal Program, since state law does not override the California Coastal Act; the only element exempted from Local Coastal Program consistency is the density figure itself.

Sources & Official References

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