§98.0608 Application of the Housing Fee Requirement — San Diego Zoning Code

This Division shall apply to Nonresidential Development Projects that are proposing the construction, addition or interior remodeling of any Nonresidential Development Project. This Division shall apply to mixed or combined use projects if such projects propose the construction, addition or interior remodeling of nonresidential uses. Notwithstanding the foregoing, this Division shall not apply to projects which fall within one or more of the following categories:

(a) Projects which are the subject of Development Agreements currently in effect with the City, or of Disposition Agreements, Owner Participation Agreements, or Memoranda of Understanding with the Redevelopment Agency of the City of San Diego, approved prior to May 16, 1990, where such agreements or memoranda (1) limit the application of fees in a manner which specifically precludes the fees which would otherwise be imposed by this Division, or (2) provides alternative means of addressing the project contribution to very low and low income housing need, which means are quantitatively comparative to the fees herein; or
(b) Uses which qualify as Single Room Occupancy Development; or
(c) Residential uses as set forth in the San Diego City Municipal Code; or
(d) That portion of any development project located on property owned by the State of California, the United States of America or any of its agencies, with the exception of such property not used exclusively for state governmental or state educational purposes; or
(e) Any development project which has received a vested right to proceed without payment of Housing Impact Fee pursuant to State law; or
(f) Nonresidential uses located in the Southeast/Barrio Logan Enterprise Zone described in City Council Resolution R-262864 (April 8, 1985); or
(g) Any construction which is for any general government purposes; or
(h) Non-profit hospitals, which shall mean freestanding hospitals that demonstrate and maintain Internal Revenue Code section 501(c)(3) status where the sick or injured are given medical or surgical care; or

Ch. Art. Div. 9 8 6 4

San Diego Municipal Code (10-2024)

Chapter 9: Building, Housing and Sign Regulations

(i) Manufacturing uses; or

(j) Warehouse uses.

(“Application of The Housing Fee Requirement” added 4–16–1990 by O-17454 N.S.) (Amended 11-25-2014 by O-20431 N.S.; effective 1-1-2015.) (Amended 4-6-2016 by O-20629 N.S.; effective 5-6-2016.)