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

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

Key Facts

Lower-income set-aside
10% of units, before bonus is applied
Very-low-income set-aside
5% of units, before bonus is applied
Senior housing set-aside
50% of units qualify under Civil Code 51.3
Bonus calculation
Per Government Code Section 65915(g)
Agreement term
At least 30 years, recorded against title
Fee deferral incentive
Impact fees over up to 3 years

Summary

Santa Maria grants a density bonus above the zoning-allowed unit count to residential projects that set aside affordable units under SMMC Section 12-48.03. A developer qualifies by reserving 10% of units for lower-income households, 5% for very-low-income households, 50% for qualifying senior residents, or 10% of a common-interest development for moderate-income buyers, with the bonus size calculated under Government Code Section 65915(g).

Any housing development of five or more units as defined by 50073.5 the Health and Safety Code, any senior citizen housing development as defined in Section 51.3 of the Civil Code, any mobilehome park that limits residency to older persons pursuant to Civil Code Section 798.76 or 799.5, and any common interest development project as defined below, shall be entitled to a density bonus above the maximum number of dwelling units otherwise allowed by this title, in the amount calculated as specified by Government Code Section 65915(g), if the proposed development project meets the following minimum criteria: (a) Ten percent of the total units in the project, before the density bonus is applied, is reserved for lower income households as defined in Section 50079.5 of the Health and Safety Code; or (b) Five percent of the total units in the project, before the density bonus is applied, is reserved for very low income households, as defined in Section 50105 of the Health and Safety Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4818069; v9 updated 2026-04-07).

Full Breakdown

5, or a common interest development to a density bonus above the maximum units otherwise allowed by the zoning title. The qualifying set-asides are 10% lower-income units, 5% very-low-income units, 50% senior-qualifying units, or, for a Civil Code Section 1351 common interest project, 10% of units priced for moderate-income buyers and offered for public purchase. 04 requires the City, through a planned development permit, agreement, or subdivision, to grant additional incentives such as reduced or waived development standards, modified setbacks or lot size, or deferred development impact fees paid in equal installments over up to three years with Finance Director and City Attorney approval.

5(d)(2). 07 requires applications to be processed like a standard residential project in the applicable zoning district, though incentives requiring waivers go through a planned development permit under Section 12-35. The Community Development Department must respond to a developer's written proposal within 90 days. 08 requires a binding density bonus agreement with the City, approved by the City Attorney, recorded against the designated units, lasting at least 30 years or longer if required by project financing, with equity-sharing terms for moderate-income units in common interest developments.

Violations & Fines

The density bonus agreement required by Section 12-48.08 sets the compliance standards and remedies available to the City if a developer fails to make target units accessible to intended lower-income, very-low-income, senior, or moderate-income households. That agreement is recorded against the designated lots or units and binds successors, so a buyer inherits the affordability restriction. Under Section 12-48.09, a unit counts toward the set-aside only while vacant or occupied by a qualified resident, and target units must stay dispersed throughout each project phase.

Frequently Asked Questions

How much of a density bonus can a Santa Maria housing project earn?
The bonus amount is calculated under Government Code Section 65915(g), which Santa Maria incorporates directly into SMMC Section 12-48.02 and 12-48.03. The percentage scales with how much affordable housing the project provides, from a minimum 10% lower-income or 5% very-low-income set-aside up to larger bonuses for deeper affordability commitments.
What has to be recorded to get a density bonus?
Section 12-48.08 requires a binding density bonus agreement approved by the City Attorney's office, recorded against the specific lots or units designated as affordable. The agreement must run at least 30 years, sets compliance standards and City remedies, and binds successors in ownership of the property.
Can a developer get incentives besides extra units?
Yes. Section 12-48.04 lets the City grant concessions such as waived setbacks, reduced parking, modified architectural standards, or deferred development impact fees paid over up to three years, and the City must grant a requested concession unless it makes a written adverse-impact finding under state law.

Sources & Official References

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