San Diego County Municipal Code Part Six Performance Standards

The provisions of Section 6300 through Section 6349, inclusive, shall be known as the Performance Standards. The purpose of these provisions is to control dangerous or objectionable environmental impacts of commercial and industrial uses and outdoor lighting in all use classifications. These standards shall apply pursuant to Section 6306.

(Amended by Ord. No. 5933 (N.S.) adopted 11-19-80)

Uses existing on the effective date of The Zoning Ordinance, on the date of a subsequent rezoning or other amendment thereto applying more restrictive performance standards to such uses, shall not be required to change their operations to comply with the performance standards. However, their operations shall not be so changed as to result in a greater degree of nonadherence with respect to these standards.

The Director may require the applicant for any permit to submit such information with respect to proposed machinery, processes, products, or environmental impacts as may be necessary to demonstrate the ability of the proposed uses to comply with applicable performance standards. Such required information may include reports by expert consultants. Whenever an environmental impact report has been submitted and determined to be adequate under state and county guidelines, no further information shall be required.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

When located in the zones specified in Section 6310, any industrial use and Construction Sales and Services, Scrap Operations, and Wholesaling Storage and Distribution Use shall be so operated that the noise level inherently and regularly generated shall not exceed the noise limits indicated by Section 6310 after modification, where applicable, by the correction factors indicated in Section 6312. Sound from construction or demolition work and warning devices are exempted from these standards. Nothing in the Zoning Ordinance shall limit the application of provisions of the San Diego County Code pertaining to noise.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

The following provisions shall determine means for measuring noise levels. Where these provisions conflict with other provisions of the San Diego County Code, the following shall remain applicable for purposes of the Zoning Ordinance.

a. Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this ordinance shall be measured with a sound level meter using the A-weighting and "slow" response pursuant to applicable manufacturer's instructions, except that for sounds of a duration of 2 seconds or less the "fast" response shall be used and the average level during the occurrence of the sound reported.

b. Calibration of Meter. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.

c. Location of Microphone. All measurements shall be taken at any lot line of the lot containing the use, except as otherwise provided by this subsection. For outside measurements, the measuring microphone shall not be less than 4 feet above the ground, at least 4 feet distance from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone must be located within 10 feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting of surfaces shall be noted and recorded. In no case shall a noise measurement be taken within 5 feet of the noise source.

d. Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one hour.

The following noise level limits shall be applicable, provided that no intermittent sound may exceed the limit by 33 percent.

a. Residential Zone. The noise level limit for industrial or commercial uses located in a residential zone shall be 40 decibels.

b. Commercial Zone. The noise level limit for uses located in a commercial zone shall be 60 decibels.

c. M50 & M52 Use Regulations. The noise level limit for uses located in a zone subject to the M50 and M52 Use Regulations shall be 70 decibels.

d. M54 and M58 Use Regulations. The noise level limit for uses located in a zone subject to the M54 Use Regulations, or in the M58 Use Regulations within 400 feet of any boundary of a residential zone, shall be 75 decibels.

e. M58 Use Regulations. The noise level limit for uses located in a zone subject to the M58 Use Regulations other than within 400 feet of any boundary of a residential zone, shall be 80 decibels.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

The following correction factors, when applicable, shall be applied to the maximum noise level limits indicated in Section 6310:

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79)

In zones as indicated below, no commercial or industrial use shall cause a steady state, earth-borne oscillation which is continuous and occurring more frequently than 100 times per minute, or an impact earth-borne oscillation is discrete pulses at or less than 100 per minute, with a displacement exceeding the following maximums, provided that ground vibration caused by motor vehicles, trains, aircraft or temporary construction or demolition is exempted from such limits.

Maximum Permitted Steady State Vibration Displacement (in inches)

Maximum Permitted Steady State Vibration Displacement (in inches)

Maximum Permitted Impact Vibration Displacement (in inches)

Maximum Permitted Impact Vibration Displacement (in inches)

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

All residential, commercial and industrial uses shall be so operated as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person at or beyond any lot line of the lot containing such uses. Air contaminant emissions shall not exceed any applicable rule or regulation promulgated by the Air Pollution Control District.

(Amended by Ord. No. 5786 (N.S. adopted 6-4-80)

All commercial and industrial uses shall be so operated as not to emit matter causing unpleasant odors which are perceptible by the average person at or beyond any lot line of the lot containing said uses.

(Amended by Ord. No. 5508 (N.S.) adopted 5-16-79) (Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

When located in a zone subject to the Use Regulations, specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:

(Amended by Ord. No. 9620 (N.S.) adopted 12-10-03)

a. Intent. It is the intent of this section to control excessive or unnecessary outdoor light emissions which produce unwanted illumination of adjacent premises within the unincorporated area of the County of San Diego.

b. Nighttime Requirements. The following forms of outdoor lighting usage are prohibited between 11:00 p.m. and dawn:

1. The operation of searchlights for advertising purposes.

2. The illumination of outdoor public recreational facilities, unless a specific recreational activity requiring the lighting is already in progress. Security lights are excepted.

3. The outside illumination for aesthetic or dramatic purposes of any building and/or surrounding landscape public or private, by lighting fixtures projected above the horizontal.

4. The illumination of outdoor advertising signs projected above the horizontal, except that such signs may remain lit until midnight.

c. Temporary Exemption. Upon written request from any individual, the Director may grant a temporary exemption from the requirements of this ordinance for a period not to exceed 30 days at a time. The request for the exemption shall contain as a minimum the following information:

• 1. Specific exemption requested.
• 2. Type and use of outdoor light involved.
• 3. Duration of time for requested exemption.
• 4. Type of illumination.
• 5. Total wattage of lamp or lamps.
• 6. Proposed location of exterior light.
• 7. Previous temporary exemptions, if any.
• 8. Physical size of exterior light.

9. Any additional information the Director deems necessary to make a reasonable evaluation of a temporary exemption request.

The decision of the Director may be appealed in accordance with the Administrative Appeal Procedure commencing at Section 7200.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80) (Amended by Ord. No. 7110 (N.S.) adopted 4-02-86)

Lighting permitted in required yards by the provisions of Section 4835, shall be subject to the following regulations:

a. Illumination Only. Lights shall be used for the purpose of illumination only, and not designed for or used as an advertising display.

b. Horizontal Cutoff. Luminaires shall be so designed and shielded by horizontal cutoff to eliminate all light directed above the horizontal. The lower edge of the luminaire's housing shall extend below the entire light source and all glassware so that any light emitted above the horizontal is eliminated. Light-directing refractors shall be considered to be light sources.

c. Light Trespass. The illumination of adjacent premises by spill light shall not exceed a value of 0.2 foot candles measured in the horizontal or vertical plane at a point three feet above grade level and five feet inside the adjacent property. This measurement shall be taken15 minutes after the initial start up of the fixture.

d. Minimum Height. Lights illuminating vehicular areas shall be mounted at least 12 feet above the ground.

e. Minimum Spacing. Lighting poles shall be spaced at least 50 feet apart; provided, however, that at least 2 poles may be located on each building site.

f. Removal. Poles and lights shall be removed at the owner's expense when property on which they are located is taken for street widening.

g. Dark Skies Ordinance. All outdoor lighting shall comply with the requirements specified in the County Light Pollution Code, which commences at Section 51.201 of the County Code of Regulatory Ordinances.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80. Formerly Section 6906) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04) (Amended by Ord. No. 10204 (N.S.) adopted 3-28-12)

Outdoor area lighting not in required yards shall conform to the provisions of paragraphs a., b., c., and g of Section 6324, except that where such lighting is authorized by a use permit, the terms and conditions of said permit with regard to such lighting shall prevail.

(Added by Ord. No. 5933 (N.S.) adopted 11-19-80. Formerly Section 6908) (Amended by Ord. No. 9690 (N.S.) adopted 12-15-04)

Upon issuance of a Major Use Permit, a heliport, a helipad or helistop may be permitted subject community plan criteria and to the following criteria for site selection, site development standards, and site operation standards:

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85) (Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

A heliport, helipad or helistop shall meet the following site location criteria:

1. The proposed facilities shall be located on a site which ensures that such use will not adversely affect the adjoining land and the growth and development of the area in which it is proposed to be located.

2. The site shall be so located to ensure that as much as possible, the approach and departure paths leading to and from the facility are over terrain which affords emergency landing areas such as open parks, golf courses, industrial areas, highways, freeways and open land. Approach and departure paths over residential development, schools, playgrounds or highly populated areas shall be avoided.

3. The size and shape of a proposed site shall be adequate to allow full development of the facility in accordance with Federal Aviation Administration (FAA) standards and in a manner not detrimental to the area in which the facility is proposed in terms of peace, health, safety, and general welfare. All helicopter facilities in residential areas shall have a minimum site area of five acres (gross).

4. The site shall be served by streets and highways adequate in width and pavement type to carry the quantity and type of traffic generated by the facility.

5. The site shall be located so as to permit helicopter operations in conformance with the County Code of Regulatory Ordinances regarding Noise Control.

6. The site shall be located no closer than one-half mile, measured by air line, of the boundary of any public or private school maintaining kindergarten classes or any classes in grades 1 through 12, without approval of the California State Department of Transportation.

7. Heliports and helipads shall be located within 0.5 miles of an existing expressway, prime arterial, major road or boulevard as noted in the Mobility Element of the General Plan.

8. These criteria are waived for takeoff and landing areas that meet the definition of "Incidental Landing Area" as defined in this ordinance.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85) (Amended by Ordinance No. 7673 (N.S.) adopted 9-27-89) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

A heliport, helipad or helistop shall meet the following site development requirements:

a. Heliports, Helipads and Helistops.

1. The length and width or diameter of the takeoff and landing area shall be at least one and one half (1.5) times the overall length of the largest helicopter expected to use the facility.

2. The peripheral area surrounding the takeoff and landing area is intended as an obstacle free safety zone and shall be at least one quarter (1/4) of the overall length of the largest helicopter expected to use the facility, but not less than ten (10) feet.

3. Approach and departure paths to the site shall be governed in accordance with Federal Aviation Regulations (FAR) Part 77 and shall be obstruction free for a minimum distance of four hundred (400) feet from the takeoff and landing area.

4. A wind indicating device shall be provided and maintained at all times in a workable condition.

5. The helicopter landing facilities shall be marked in accordance with and as prescribed by current FAA circulars.

6. Surfacing of the landing facility shall be so as to minimize the blowing of any dust, dirt or other objectionable material onto neighboring property in compliance with the San Diego County Air Pollution Control District Rules and Regulations.

7. Every heliport, helipad or helistop shall be limited in hours of operation to the periods between sunup and sundown daily, unless specifically approved for night operation. The takeoff and landing area of any heliport or helipad approved for night operation shall be provided with adequate lighting, which shall be directed away from adjacent properties or public rights-of-way.

8. Takeoff and landing areas for helicopter facilities in agricultural and residential areas shall be located no closer than 200 feet from any property line. In other areas, takeoff and landing areas shall be no closer than 50 ft. from any property line; any administrative or operations buildings erected on a heliport site shall be located not closer than 15 feet from any property line; helicopter maintenance facilities shall be located not closer than 25 ft. from any property line; location and setbacks for buildings storing combustibles shall be approved by the Chief Fire Inspector. This requirement shall not apply to a helipad as defined by this ordinance.

9. The exterior edge of the peripheral area shall be fenced or otherwise protected to keep unauthorized persons out of areas of danger; fences shall be a minimum of three feet in height. Fencing requirements shall not apply to a helipad as defined by this ordinance.

10. Facilities located on the water shall be marked and lighted in accordance with Coast Guard Regulations.

11. Adequate fire fighting equipment shall be provided as determined by the Chief Fire Inspector.

12. Such additional conditions may be imposed as deemed desirable, to protect the public health, safety and welfare.

b. Helipads and Helistops Located on a Structure. In addition to the site development requirements set forth in a. above, helipads and helistops shall meet the following additional requirements:

1. The provisions of the Uniform Building Code shall be complied with.

2. The roof shall be provided with a 12 inch parapet and where openings pierce the roof, they shall be provided with a 6 inch high curb and fire protected as required for vertical shafts. No openings in the roof shall be permitted within 25 feet of the touch down boundaries.

3. Landing pads raised above roof level shall have no less than two (2) three foot wide stairs provided to the roof below.

4. No fueling or repairing of helicopters shall be permitted, except of an emergency nature when approved by the Chief Fire Inspector.

5. Two or more wet standpipes shall be provided to reach all parts of the roof equipped with one and one half inch rubber lined fire hose not over 100 feet in length. Hose shall be equipped with combination fog nozzles. Sufficient pressure shall be provided to afford a good fog pattern. Hose cabinets shall be located near the separate exits.

6. The electrical wiring and equipment in the landing pad area shall comply with requirements of the National Electric Code for Class 1, Division 2, Hazardous Locations.

7. Mechanical, air handling and air conditioning equipment for penthouses must be 25 feet from the landing pad, outside the landing and takeoff pattern and protected by substantial incombustible barrier on the side toward the landing pad.

8. Landing areas shall be marked in accordance with FAA recommended standards and shall include a number indicating the maximum gross weight of any helicopter allowed to use the facility.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85) (Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

All new heliports, helipads and helistops shall meet the following site operation standards:

a. The hours of operation shall be limited to the periods between sunup and sundown daily, unless properly lighted and specifically approved for night operation.

b. Emergency fire fighting equipment consisting, at a minimum, of two fire extinguishers of at least 16BC rating each shall be provided as deemed necessary and adequate by the Chief Fire Inspector and the State of California. No smoking shall be permitted within 50 feet of the landing pad.

c. Emergency communications shall be available between the heliport, helipad or helistop and the fire department communications center. These facilities may consist of a standard fire alarm or convenient, on-site telephone service.

d. Where allowed, fueling and maintenance facilities including separator or clarifying tanks for collecting spilled fuel shall be installed under approval and supervision of the Chief Fire Inspector.

e. All trash receptacle areas in the vicinity of helicopter facilities shall be enclosed by masonry walls 6 feet in height and a solid wooden gate of equal height. Trash bins and receptacles shall have lids to prevent blowing of litter and debris.

f. A wind indicating device shall be provided and maintained on the site at all times in workable condition.

g. Any helicopter takeoffs or landings within 3 miles of any airport manned by an FAA control tower shall maintain two-way radio contact with the airport's traffic control tower.

h. This section shall not apply to public service helicopters taking off or landing from an "incidental landing area" as defined by this ordinance. For purposes of this section, "public service helicopters" are helicopters owned or leased to a governmental entity, or helicopters otherwise engaged in law enforcement, fire, or medical evacuation activities and/or private helicopters which are regularly engaged in a public service such as medical evacuation and news media helicopters.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85) (Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

Each Major Use Permit application for a heliport, helipad or helistop shall be reviewed in accordance with the following guidelines which are intended to assist the approving authority in determining whether such application meets the criteria for site selection, site development and site operation as set forth in Sections 6332, 6334 and 6336 and in making the findings required for granting a major use permit as set forth in Section 7358. A Major Use Permit for a helipad or a helistop shall be granted for a period of no longer than five (5) years. An application to request extending the duration of the Major Use Permit for an additional period of time may be granted through the modification procedure. An application to extend duration shall be filed with the Director no sooner than six months prior to the expiration of the Major Use Permit.

a. Site Selection Criteria.

Sites for helicopter takeoff and landing facilities shall be situated in such manner as to minimize the impacts to adjoining land uses and residents. The following specific criteria shall be considered:

1. Location of the takeoff and landing area shall provide sufficient buffer space to reduce the level of engine noise which reaches persons in the surrounding area, recognizing that the character of sound (noise) emanating from helicopter engines may be audible or annoying to persons located a great distance from the source, whether the helicopter is on the ground or airborne.

2. Approach and departure paths leading to and from the facility shall be over terrain which affords emergency landing areas such as unoccupied open land or transportation corridors.

Approach and departure paths over highly populated areas, residential development, schools, playgrounds, parks and golf courses should be avoided. Approach and departure paths within 0.5 miles of equestrian facilities, wildlife areas, open space easements, preserve areas and river valleys shall be avoided unless the altitude of the helicopter when over such areas is 1,000 feet or more or the sound emanating from the helicopter, when measured on the ground, does not exceed the one-hour sound level limits permitted by the County Code of Regulatory Ordinances regarding Noise Control.

3. Consideration shall be given to the cumulative impact of granting major use permits for a number of helicopter facilities located within one community. Helistops shall be separated by a minimum distance of 1.5 miles to prevent over-concentration unless conditions of approval of a use permit substantially mitigate or avoid the adverse impacts of over-concentration.

b. Site Development Requirements.

The minimum distance from property line that a helicopter takeoff and landing area may be permitted shall be related to adjoining land uses and parcel size. Greater setbacks from property lines shall be required for a helistop in areas where parcel sizes are large (over 5 acres) and where daytime one-hour average sound levels for residential uses are limited to 50 decibels. However, a lesser setback may be permitted in areas where parcel sizes are smaller and permitted average sound level limits are greater.

c. Site Operation Standards.

1. Nighttime operation of helicopter facilities located in residential areas is prohibited unless specifically authorized by conditions of the use permit. If permitted, nighttime operations shall be clearly stated and described in the conditions of approval of the use permit.

2. For helistops, the number of flights per day/week and the weight category of the helicopter shall be clearly stated in the use permit.

3. When considering noise levels permitted to be generated by helicopter facilities, single event noise level maximums similar to those set forth in "SOUND LEVEL LIMITS FOR HELICOPTER FACILITIES" on file with the Clerk of the Board of Supervisors as Document No. 724798(a), should be considered along with the one-hour sound level limits contained in the County Code of Regulatory Ordinances regarding Noise Control.

d. Pre-application Conference.

Prior to submitting an application for a use permit for any helicopter facility, a prospective applicant shall consult with the Department to schedule a conference to be attended by the applicant and representatives of other departments and agencies as the Department considers necessary. Such conference shall provide an opportunity to review the applicant's intended plans and identify potential requirements or subjects requiring particular attention prior to the applicant entering into binding commitments or incurring substantial expense in preparing plans, surveys and other data. The applicant shall provide a topographic map of the project location and surrounding area showing the projected flight path to and from the closest freeway, highway or major arterial. An estimate of the maximum flyover sound level should also be available if the flight pattern is to be over noise sensitive uses. Staff shall familiarize the applicant with the type of studies, reports or other data which will be required to process the application.

(Added by Ord. No. 7673 (N.S.) adopted 9-27-89)

Upon issuance of a Minor Use Permit a helistop may be permitted in areas zoned with the A72 Use Regulations subject to the following criteria:

1. The minimum parcel size upon which the helicopter is based shall be forty (40) acres.

2. The parcel upon which the helistop is located shall be devoted to active agricultural pursuits requiring the services of a helicopter to maintain, such as crop spraying, etc.

3. Minor Use Permits issued pursuant to this Section shall conform to all other requirements of this Ordinance applying to helistops.

Any legally established helicopter takeoff and landing site in existence on and prior to October 30, 1985, and located on a parcel of at least twenty (20) acres in an agricultural preserve and in the A-72 Use Regulations is hereby determined to be an accessory use to the Agricultural Use Regulations of said parcel, and is determined not to be a private airport. The continued use and operation of such site on such parcel of at least twenty (20) acres, other than for the common carriage of passengers is exempt from, and is not subject to, regulation by the provisions of this Ordinance.

(Added by Ord. No. 7058 (N.S.) adopted 10-30-85) (Amended by Ord. No. 7673 (N.S.) adopted 9-27-89)

Modification of the site selection criteria, site development requirements and site operation standards set forth in Sections 6332, 6334 and 6336 may be granted by the approving authority when it determines that such modification wound not be detrimental to adjacent properties and residents, the public interest, or the General Plan.

(Added by Ord. No. 7673 (N.S.) adopted 9-27-89)

a. Location. Takeoff and landing areas on private property for powered ultralight vehicles shall be located in accordance with the following criteria:

1. All takeoff and landing sites for powered ultralight vehicles shall be located such that no existing dwelling is located within the rectangular area defined by lines parallel to and 500 feet from each side of any runway and lines perpendicular to such runway located 1,000 feet from each end.

2. No powered ultralight vehicle shall take off or land closer than 1,000 feet from any public assembly area. For purposes of this Section public assembly area includes outdoor and indoor places such as campgrounds, playgrounds, churches, schools, golf courses, auditoriums, stadiums, picnic grounds and similar areas where people may gather for reasons of education, entertainment, recreation or worship.

3. No ultralight vehicle shall take off or land within the right-of-way of a public street.

b. Operation of Takeoff and Landing Areas. Takeoff and landing areas for ultralight vehicles shall be operated in accordance with the following criteria:

1. All operation on the ground of ultralight vehicle engines shall comply with the County Code of Regulatory Ordinances regarding Noise Control.

2. No powered ultralight vehicle shall take off or land before 6:00 a.m. or sunrise, whichever is later, or later than sunset.

3. Takeoff and landing sites and ultralight vehicle storage facilities shall not be operated for commercial purposes, except through the issuance of a minor use permit as provided for in subsection "d" of this Section.

c. Site Preparation and Development. Site preparation and development to facilitate the takeoff, landing and storage of ultralight vehicles on private property shall be in accordance with the following criteria:

1. All grading and clearing for runways shall comply with applicable grading and clearing regulations.

2. Surfacing of runways is not required. However, measures shallc be taken to prevent the blowing of dust, dirt or other objectionable material onto neighboring property in order to comply with the San Diego County Air Pollution Control District Rules and Regulations.

3. Storage building(s), or hangar(s), shall not exceed 800 square feet for a single ultralight vehicle permanently stored at each site or 600 square feet each for multiple ultralight vehicles permanently stored at each site, in addition to those accessory buildings authorized by Section 6156. Additional square footage may be authorized by minor use permit as provided for in subsection "d" of this Section. All fuel shall be stored in compliance with the Uniform Fire Code.

4. A maximum of three ultralight vehicles may be stored (kept on the property) for more than five consecutive days at each takeoff and landing area established pursuant to this Section.

d. Minor Use Permit. A minor use permit may authorize ultralight vehicle takeoff and landing locations, operating characteristics or site preparation and development characteristics different from those stated in this Section, and may authorize takeoffs and landings closer than 1,000 feet from any dwelling and earlier or later than otherwise permitted by this Section.

(Added per Ord. No. 7197 (N.S.) adopted 9-10-86) (Amended by Ord. No. 7594 (N.S.) adopted 2-22-89)

a. Title and Purpose.

1. The provisions of Section 6341 shall be known as the Inclusionary Affordable Housing Program. The purpose of these provisions is to establish standards and procedures to require the development of housing that is affordable to a range of households with varying income levels in order to ensure the addition of affordable housing units to the County's housing stock in proportion with the overall increase in new housing units.

2. It is the policy of the County that this Section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, affordable and inclusionary housing.

b. Applicability.

1. Applicability. The requirements of this ordinance shall apply to all new residential and mixed-use development projects, for rent or for sale, submitted to the County more than 120 days after the adoption of this Ordinance, except as noted in Subsection 6341.b.1.ii (referred to herein as “Projects”). The requirements of this ordinance shall apply to all developers and their agents, successors-in-interest, and assigns proposing a Project. All inclusionary units required by this ordinance shall be sold or rented in compliance with this ordinance and the County's regulations for the implementation of the Inclusionary Affordable Housing Program. No building permit shall be issued, nor any development approval granted for a development that does not meet the requirements of this ordinance, unless otherwise explicitly approved by the County.

i. Project Size. The following Projects shall be subject to the requirements under this ordinance.

a) A Project that proposes a minimum of ten (10) dwelling units that will be developed for rental or for sale.

ii. Exempt Projects. The following projects are exempt from the requirements of this ordinance:

a) Project Type. Projects that provide 100% of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, as affordable housing (up to 80% of the AMI). Additionally, to be eligible for an exemption under this subparagraph (a), applicants must demonstrate to County’s satisfaction the property is or will be subject to a regulatory agreement that restricts the property under a federal, state, or local affordable housing program.

b) Residential developments for which an application for a ministerial permit has been submitted or for which a discretionary permit has been submitted no later than the effective date of this ordinance.

a. Permit Expiration. Upon the expiration of any discretionary permit that is not eligible for renewal, and unless otherwise exempted, the residential development shall be subject to the affordable housing requirements of this ordinance and shall not proceed until an affordable housing plan is approved in conjunction with any other required discretionary or ministerial permit or amendment thereto.

c) Accessory dwelling units developed in accordance with Section 6156.x that are built as an accessory dwelling unit to an existing residential structure. Accessory dwelling units built as part of a new residential development shall not be counted for the purposes of this section.

d) Additional units granted through density bonus shall not be counted for the purposes of this section.

c. Affordable Housing Unit Compliance Requirements.

1. i. Minimum Affordable Set-Aside Requirement for Onsite Units. Unless exempt from this ordinance, Projects must provide a percentage of the base units as affordable housing units as described below:

a) General Plan Compliant for Rent. If the Project is General Plan compliant and proposes rental units, the affordable housing set-aside units shall be provided as either 5% at 30% of AMI (Extremely Low Income) or 5% at 50% of AMI (Very Low Income) or 10% at 80% of AMI (Low Income).

b) General Plan Compliant for Sale. If the Project is General Plan compliant with for sale units, the affordable housing set-aside units shall be provided as either 5% at 50% of AMI (Very Low Income) or 10% at 80% of AMI (Low Income) or 15% at 120% of AMI (Moderate Income).

c) General Plan Amendment. If the Project proposes a General Plan Amendment, the affordable housing set-aside units shall be provided as 20% at 80% of AMI (Low Income).

ii. Rounding rules.

a) In calculating the required number of affordable housing units, if the set-aside includes fractional units of 0.5 or above, one additional affordable unit shall be provided at the affordability level required by the set-aside amount. Total set-aside requirements below 0.5 unit shall be rounded up or paid for through an in-lieu fee.

iii. Comparability. All affordable housing units must conform to the following standards:

a) Affordable housing units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market-rate units, provided they are new, durable, and of good quality.

b) Affordable housing units shall have the same amenities as the market-rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development.

c) The unit mix based on bedroom count provided for affordable housing units shall be proportional to the unit mix based on bedroom count provided for market-rate units.

d) Affordable housing units shall be dispersed throughout the housing development, on each floor, elevation, and section of the building(s) and throughout the site.

iv. Density Bonus. If an applicant seeks to construct affordable housing to qualify for a density bonus in accordance with the provisions of Section 6350, those affordable dwelling units that qualify a residential development for a density bonus shall also be counted toward satisfying the inclusionary housing requirements of this ordinance when offered at the same affordability level as the required set-aside units.

2. Duration of Affordability.

i. Each affordable rental housing unit set aside pursuant to the requirements of this ordinance shall be limited to such below-market rates for a period of not less than 55 years, commencing from the date of the County’s authorization for occupancy of the unit.

ii. Each affordable for-sale housing unit set aside pursuant to the requirements of this ordinance shall be subject to the re-sale provisions contained in the Affordable Housing Agreement in accordance with Section 7430 and pursuant to California Government Code 65915.

3. Timing for Construction of Inclusionary Housing Units.

i. All required affordable housing units, including offsite affordable housing units, shall be made available for occupancy concurrently with the market-rate units. For the purposes of this section, “concurrently” means the following, as applicable:

a) The County may not issue building permits for more than 50% of the market-rate units until it has issued building permits for all of the affordable units, and the County may not approve unit occupancy final inspections for more than 75% of the market-rate units until it has issued unit occupancy final inspections for all of the affordable units. The County and developer may agree on an alternative schedule for development that is included in the affordable housing agreement. A hold may be placed on the issuing of the permit and unit occupancy final inspection for market-rate developments if these requirements are not satisfied.

b) In-lieu fees, as appropriate, have been paid.

c) The applicant has met, or made arrangements satisfactory to the County to meet, an alternative requirement as permitted by Section 6341.d.

d. Alternative Compliance Options. All alternative compliance options listed in 6341.d are available to applicants in the priority order laid out below when the applicant demonstrates that building the required affordable units on-site is impractical. The applicant shall demonstrate that compliance with higher-priority alternatives is impractical before a lower-priority alternative compliance option may be considered.

1. Land Donation.

i. Applicability.

a) Land dedication may be allowed as an alternative to providing on-site units. Land dedication may be used to fulfill all or part of an applicant’s development application.

b) The requirements of this ordinance may be satisfied by the donation of land if the donation is completed in accordance with California Government Section 65915(g) as modified herein and if the value of the land on the date of donation is equal to or greater than the inclusionary in-lieu fee applicable to the Project on the date of donation.

ii. Site Suitability.

a) The County shall have the discretion to approve a developer’s proposal to donate property. The developer must provide evidence of the following when the land donation proposal is submitted, and shall bear the cost of such evidence:

1. The developer must provide a Preliminary Title Report for the property and have site control with a lien-free title. Any encumbrances or easements that adversely impact the property’s title must be remediated to the County’s satisfaction prior to conveyance of the site. Anything that cannot be remedied must be approved by County and factored into the estimated value of the interests proposed to be conveyed to the County.

2. The developer must provide an appraisal report of the property that complies with the Uniform Standards of Professional Appraisal Practice (USPAP) and is prepared by a California Certified General license real estate appraiser. The purpose of the appraisal is to establish the “as-is” market value of the land. County of San Diego must be listed as an intended user. The appraisal report must be reviewed and approved by Department of General Services Real Estate Valuation. Definition of “market value” is based on the most current edition of The Appraisal of Real Estate published by the Appraisal Institute.

3. An initial review of hazardous materials must be performed by Department of Environmental Health and Quality, and all recommendations based on the findings must be completed, including any potential Phase 1 or 2 Environmental Reports. The property must not contain any hazardous materials at the time the land donation proposal is submitted, and the developer must disclose whether any hazardous materials were previously stored or located on the site; and if hazardous materials were previously remediated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.

4. The property is not environmentally constrained and does not include steep slopes, wetlands, floodway, floodplain, prime farmland, farmland, conservation land, habitant land, or conservation easements.

5. The property has not been improved with any residential use for at least five years prior to the submission of a land donation proposal.

6. The property owner has paid in full all property taxes and special taxes when the proposal is submitted and again at the time of conveyance of the property to the County.

7. The site has General Plan and Zoning designations that authorize residential uses, including multifamily and is zoned for residential development, including multifamily, at a density to accommodate at least the number of otherwise required affordable housing units within the residential development.

8. The developer provides the location of all utilities via a plot map (water, sewer, electric and gas). All necessary utilities must be located on the property or at minimum on a site that is immediately adjacent to the property.

iii. Location.

a) The site of the land meets at least one of the following:

1. Land must be located within the same Community Plan Area as the Project; or

2. Land must be located within a vehicle miles traveled (VMT) Efficient area or an Infill area found to have less than significant VMT impacts; or

3. Land must be located in High or Highest resource areas (as defined by the California Tax Credit Allocation Committee (CTCAC)); or

4. Land must be located within Village areas as categorized in the General Plan.

2. For Sale Accessory Dwelling Units.

i. Notwithstanding subsection 6341.b.ii.(d) above, as an alternative to providing single-family detached dwelling units as affordable housing units, an applicant may instead provide for sale affordable accessory dwelling unit(s) for some of the required affordable housing, subject to the development standards in Section 6156.x, and provisions to sell accessory dwelling units contained in Section 6156.x.C Sale of ADUs for or by a Nonprofit or Section 6156.x.D ADUs Sold as Condominiums.

ii. The term and affordability of the accessory dwelling units and the affordable housing agreement shall conform with the provisions of this ordinance applicable to for sale affordable housing units.

iii. In no event shall a developer be allowed to construct more than 50% of the total required affordable housing units as accessory dwelling units or no more than five accessory dwelling units as required affordable housing units, whichever is less, in any given residential development to satisfy the requirements of this ordinance.

iv. Comparability. In accordance with the on-site affordable unit comparability standards in Section 6341.c.iii, ADUs must be comparable to the average on-site market- rate units including in terms of unit bedroom count and quality, access to amenities, and dispersal throughout the development. Such comparability standards may be modified at the discretion of the Director of Planning & Development Services on a project-by-project basis.

3. In Lieu Fees for up to 50% of the required units

i. Applicability. Applicants may substitute up to fifty percent (50%) of all set-aside requirements with the payment of in lieu fees.

ii. Fractional units. Applicant may meet compliance requirements by paying an in-lieu fee for any required fractional unit and using another approved compliance method for the required whole units.

iii. In-Lieu Fees. In the case of multiple set-aside requirement options, the in-lieu fee paid shall be the highest in lieu fee option from the available set-aside requirement choices, per project type.

a) General Plan Compliant for Rent: $18.69 per market-rate unit sq. ft.

b) General Plan Compliant for Sale: $21.37 per market-rate unit sq. ft.

c) General Plan Amendment: $41.82 per market-rate unit sq. ft.

iv. Affordable Housing Inclusionary Fund.

a) All in-lieu fees or other funds collected under this ordinance shall be deposited into the County’s Inclusionary Affordable Housing Fund and shall be maintained and accounted for separately in an inclusionary housing program subaccount to be administered by the Health and Human Services Agency Deputy Chief Administrative Officer.

b) In-lieu fees shall be collected concurrently with other impact fees contingent on permitting and shall not be deferred.

c) Moneys deposited in the Inclusionary Affordable Housing Fund pursuant to this ordinance may be used to pay for direct costs associated with the administration and enforcement of the Inclusionary Housing Program established by this Section. Administration costs shall not exceed ten percent (10%) of fees paid by applicants and deposited in the Inclusionary Affordable Housing Fund.

d) After payment of expenses, if any, described in this ordinance, all of the remaining moneys held in the Inclusionary Affordable Housing Fund pursuant to this ordinance shall be expended in accordance with Section 7450.

4. In-Lieu Fees for up to 100% of the required units

i. Applicability. Applicants may substitute up to one hundred percent (100%) of all set-aside requirements with the payment of in lieu fees.

ii. Fractional units. Applicant may meet compliance requirements by paying an in-lieu fee for any required fractional unit and using another approved compliance method for the required whole units.

iii. In-Lieu Fees. In the case of multiple set-aside requirement options, the in-lieu fee paid shall be the highest in lieu fee option from the available set-aside requirement choices, per project type.

a) General Plan Compliant for Rent: $18.69 per market-rate unit sq. ft.

b) General Plan Compliant for Sale: $21.37 per market-rate unit sq. ft.

c) General Plan Amendment: $41.82 per market-rate unit sq. ft.

iv. Affordable Housing Inclusionary Fund.

a) All in-lieu fees or other funds collected under this ordinance shall be deposited into the County’s Inclusionary Affordable Housing Fund and shall be maintained and accounted for separately in an inclusionary housing program subaccount to be administered by the Health and Human Services Agency Deputy Chief Administrative Officer.

b) In-lieu fees shall be collected concurrently with other impact fees contingent on permitting and shall not be deferred.

c) Moneys deposited in the Inclusionary Affordable Housing Fund pursuant to this ordinance may be used to pay for direct costs associated with the administration and enforcement of the Inclusionary Housing Program established by this Section. Administration costs shall not exceed ten percent (10%) of fees paid by applicants and deposited in the Inclusionary Affordable Housing Fund.

d) After payment of expenses, if any, described in this ordinance, all of the remaining moneys held in the Inclusionary Affordable Housing Fund pursuant to this ordinance shall be expended in accordance with Section 7450.

5. Off-Site Construction of Affordable Units.

i. The applicant may propose to construct the affordable units required by this Section on another site. The County may approve the off-site construction only if the proposal meets all of the following requirements:

a) Comparability. In accordance with the on-site affordable unit comparability standards in Section 6341.c.iii, off-site units must be comparable to or greater than on-site average market-rate units in terms of unit bedroom count and quality and access to amenities. Such comparability standards may be modified at the discretion of the Director of Planning & Development Services on a project-by-project basis.

b) Off-site unit land must meet at least one of the following:

1. Off-site units and land must be located within the same Community Plan Area as the Project; or

2. Off-site units and land must be located within a vehicle miles traveled (VMT) Efficient area or an Infill area found to have less than significant VMT impacts; or

3. Off-site units must be located in High or Highest resource areas (as defined by the California Tax Credit Allocation Committee (CTCAC)); or

4. Off-site units must be located within Village areas as categorized in the General Plan.

e. Affordable Housing Incentives. The developer of a residential development providing all required affordable housing units upon the same site as the market-rate units may, at the developer’s option and concurrently with the submittal of the affordable housing plan, submit a written request for one or more of the following on-site affordable housing development incentives:

1. Density bonus incentives if the residential development contains sufficient affordable housing units to qualify for a density bonus, per Section 6365. The applicant must identify any requested County inclusionary housing incentives in the Affordable Housing Plan. Such incentives shall not count against the number of concessions or incentives available under Section 6365.

i. Additional Density Bonus. The developer may apply for an additional density increase doubling State Density Bonus up to a total density bonus of 50%, and the developer may apply for one (1) additional regulatory incentive in addition to the County’s Density Bonus Program per Section 6365 if all required affordable housing units are provided on-site.

2. Priority Review. The developer may apply for Priority Review if the Project provides at least 50% more affordable housing units at 80% of AMI (Low Income) on-site than are required by this ordinance to receive priority review. The County will review discretionary applications within 30 business days from a completed application for each submittal or resubmittal.

3. Affordable Housing Plan. The incentives requested by the developer shall be included in the proposed affordable housing plan submitted at the time of application for the first approval of the Project, and any incentives approved by the County shall be included in the affordable housing plan.

f. Affordable Housing Plan. An application for the first approval of a residential or mixed use development shall include an affordable housing plan describing how the development will comply with the provisions of this ordinance.

1. No application for a first approval for a residential or mixed use development subject to this section may be deemed complete unless an affordable housing plan is submitted in conformance with this ordinance.

2. The affordable housing plan shall be processed concurrently with all other permits required for the residential development. Before approving the affordable housing plan, Housing and Community Development Services and Planning and Development Services (the “approval body”) shall find that the affordable housing plan conforms to this ordinance.

3. A condition shall be attached to the first approval of any residential development to require recordation of the Affordable Housing Agreement described in Section 7430 of the Zoning Ordinance prior to the approval of any final or parcel map or building permit for the residential development.

4. The approved affordable housing plan for a residential development, or for a building phase in a residential development, where phasing has been approved as part of a discretionary permit approvals, may be amended prior to issuance of any building permit for the residential development or building phase, if applicable. A request for a minor amendment of an approved affordable housing plan may be granted by the approval body if the amendment is substantially in compliance with the original affordable housing plan and conditions of approval. Other amendments to the affordable housing plan shall be processed in the same manner as the original plan. An affordable housing plan shall include, but not be limited to, the following:

i. The number of affordable housing units proposed;

ii. The unit square footage, and number of bedrooms for market rate and affordable housing units and tenure (ownership or rental);

iii. Detailed plot plan showing location/footprint of all affordable housing units, which shall be disbursed throughout the property.

iv. Amenities and services provided, such as daycare, transportation, job training/employment services and recreation;

v. Level of affordability for affordable housing units (very low, low or moderate);

vi. Schedule for production of dwelling units. The schedule must comply with Section 6341.c. 3.

vii. Incentives requested.

viii. Any information necessary to describe and evaluate the applicant’s proposed compliance method (i.e. on-site units, in lieu fee, off-site, etc.).

(Added per Ord. No. 11009 (N.S.) adopted 6-24-26)