San Diego Municipal Code Div. 7 Affordable Housing Regulations

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Retitled from “Affordable Housing Density Bonus Regulations” to “Affordable Housing Regulations” on 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)

The purpose of these regulations is to provide incentives for development that provides housing for very low income, low income, moderate income, or senior households, or lower income students, transitional foster youth, disabled veterans, or homeless persons. Additionally, the purpose is to specify how compliance with California Government Code Section 65915 (State Density Bonus Law) will be implemented, as required by California Government Code Section 65915(a)(1). These regulations are intended to materially assist in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities throughout the City. (Added 12-9-1997 by O-18451 N.S.; amended 6-21-1999 by O-18654 N.S.; effective 1-1-2000.) (Amended 12-5-07 by O-19689; effective 01-04-08.)

[Editors Note. Amendments as adopted by O-19689 N. S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission unconditionally
certifies it as a Local Coastal Program Amendment. The 2008 Ordinance O-19689
was withdrawn from the California Coastal Commission and Ordinance O-20518 was
then submitted and subsequently certified by the Coastal Commission on May 11,
2016.]

(Amended 7-28-2015 by O-20518 N.S.; effective 8-27-2015.)
(Retitled from “Purpose of Affordable Housing Density Bonus Regulations” to
“Purpose of Affordable Housing Regulations” and amended 3-22-2018 by
O-20916 N.S.; effective 4-21-2018.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

This Division applies to any development where current zoning allows for five or more dwelling units, not including density bonus units, in exchange for either of the following:

(a) A portion of the total dwelling units in the development being reserved for
very low, low, or moderate income or senior households; or for lower income
students, transitional foster youth, disabled veterans, or homeless persons in
accordance with this Division; or

(b) The donation of land, pursuant to the State Density Bonus Law.
(Added 12-9-1997 by O-18451 N.S.; amended 6-21-1999 by O-18654 N.S.; effective
1-1-2000.)
(Amended 12-5-07 by O-19689; effective 01-04-08.)

[Editors Note. Amendments as adopted by O-19689 N. S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission unconditionally
certifies it as a Local Coastal Program Amendment. The 2008 Ordinance O-19689
was withdrawn from the California Coastal Commission and Ordinance O-20518 was
then submitted and subsequently certified by the Coastal Commission on May 11,
2016.]

(Amended 7-28-2015 by O-20518 N.S.; effective 8-27-2015.)
(Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

Ch. Art. Div. 14 3 7 2

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(a) An applicant is ineligible for a density bonus or any incentive under this Division if the property on which the development is proposed contains, or during the five years preceding the application, contained, rental dwelling units that have had the rent restricted by law or covenant to persons and families of low income, very low income, or moderate income, or have been occupied by persons and families of low income, very low income, or moderate income, unless the proposed development replaces the affordable dwelling units, and either:

(1) Provides affordable dwelling units at the percentages set forth in
Section 143.0720(i) (inclusive of the replacement dwelling units), or

(2) Provides all of the dwelling units as affordable to low income, very low
income, or moderate income households, excluding any manager’s
unit(s).

(b) The number and type of required replacement dwelling units shall be
determined as follows:

(1) For a development containing any occupied dwelling units, the
development must contain at least the same number of replacement
dwelling units, of equivalent size and bedrooms, and must be made
affordable to and occupied by persons and families in the same or a
lower income category as the occupied dwelling units. For unoccupied
dwelling units in the development, the replacement dwelling units shall
be made affordable to and occupied by persons and families in the
same or lower income category as the last household in occupancy. If
the income category of the last household is unknown, it is rebuttably
presumed that the dwelling units were occupied by lower income
renter households in the same proportion of lower income renter
households to all renter households within the City of San Diego, as
determined by the most recently available data from the United States
Department of Housing and Urban Development’s Comprehensive
Housing Affordability Strategy database, and replacement dwelling
units shall be provided in that same percentage.

Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(2) If all of the dwelling units are vacant or have been demolished within the five years preceding the application, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, as existed at the highpoint of those units in the five year period preceding the application, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the highpoint, it is rebuttably presumed that the dwelling units were occupied by very low income, low income, or moderate income renter households in the same proportion of very low income, low income, or moderate income renter households to all renter households within the City of San Diego, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement dwelling units shall be provided in that same percentage.

(3) All replacement dwelling unit calculations resulting in fractional units
shall be rounded up to the next whole number.

(4) All rental replacement dwelling units shall be affordable for at least 55
years.
(5) All for-sale replacement dwelling units shall be subject to the
provisions of Section 143.0720(d)(4)-(8).
(“Required Replacement of Affordable Units” added 7-28-2015 by O-20518 N.S.;
effective 8-27-2015.)
(Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 7-30-2020 by O-21222 N.S.; effective 8-29-2020.)

Ch. Art. Div. 14 3 7 4

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(a) A development shall be entitled to a density bonus and incentives as described in this Division, for any development for which a written agreement, and a deed of trust securing the agreement, is entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission.

(b) The density bonus dwelling units authorized by this Division shall be exempt
from the Inclusionary Housing Regulations set forth in Chapter 14, Article 2,
Division 13.

(c) A rental affordable housing density bonus agreement shall utilize the
following qualifying criteria:

(1) Very low income - At least 5 percent of the pre-density bonus dwelling
units in the development shall be affordable, including an allowance
for utilities, to very low income households at a rent that does not
exceed 30 percent of 50 percent of the area median income, as
adjusted for household size appropriate for the dwelling unit; or

(2) Low income - At least 10 percent of the pre-density bonus dwelling
units in the development shall be affordable, including an allowance
for utilities, to low income households at a rent that does not exceed 30
percent of 60 percent of the area median income, as adjusted for
household size appropriate for the dwelling unit.

(3) The very low and low income dwelling units shall be designated units,
be comparable in bedroom mix and amenities to the market-rate
dwelling units in the development and be dispersed throughout the
development.

(4) The very low and low income dwelling units shall remain available and
affordable for a period of at least 55 years, as may be required by other
laws or covenants.

(5) Moderate income - At least 10 percent of the pre-density bonus
dwelling units in the development shall be affordable to and occupied
by moderate income households.

(d) A for-sale affordable housing density bonus agreement shall utilize the
following qualifying criteria:

Ch. Art. Div.
14 3 7 5

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(1) Very low income - At least 5 percent of the pre-density bonus dwelling units in the development shall be affordable to very low income households at an affordable housing cost that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size appropriate for the dwelling unit.

(2) Low income - At least 10 percent of the pre-density bonus dwelling
units in the development shall be affordable to low income households
at an affordable housing cost that does not exceed 30 percent of
70 percent of the area median income, as adjusted for household size
appropriate for the dwelling unit.

(3) Moderate income - At least 10 percent of the total dwelling units in a
common interest development, as defined in California Civil Code
Section 4100, shall be affordable to moderate income households at an
affordable housing cost that is not less than 28 percent of the gross
income of the household, nor exceeds 35 percent of 110 percent of the
area median income, as adjusted for household size appropriate for the
dwelling unit. To qualify, all dwelling units in the development shall
be offered to the public for purchase.

(4) The initial occupant of all for-sale affordable dwelling units shall be a
very low income, low income, or moderate income household.

(5) Prior to, or concurrent with, the sale of each density bonus affordable
dwelling unit, the applicant shall require the buyer to execute and
deliver a promissory note in favor of the San Diego Housing
Commission so that the repayment of any initial subsidy is ensured.

(6) Each for-sale dwelling unit shall be occupied by the initial owner at all
times until the resale of the dwelling unit.

(7) Upon the first resale of a dwelling unit, the seller shall comply with all
conditions regarding the sale of a dwelling unit, as applied by the San
Diego Housing Commission, and as set forth in California
Government Code Section 65915(c)(2).

(8) The affordable dwelling units shall be designated, comparable in
bedroom mix and amenities to the market-rate dwelling units in the
development, and dispersed throughout the development.

Ch. Art. Div. 14 3 7 6

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(e) A density bonus agreement for housing for senior citizens shall utilize the
following qualifying criteria:

(1) The development consists of housing for senior citizens or qualifying
residents as defined under California Civil Code Section 51.3 and
51.12, where at least 35 dwelling units are provided; or a mobilehome
park that limits residency based on age requirements for housing for
older persons pursuant to California Civil Code Section 798.76 or
799.5.

(2) Rental dwelling units shall remain available for a period of 55 years or
longer as may be required by other laws or covenants.

(f) A density bonus agreement for transitional foster youth, as defined in Section
66025 of the California Education Code, disabled veterans as defined in
Section 18541 of the California Government Code, or homeless persons as
defined in the California McKinley-Vento Homeless Assistance Act shall
utilize the following qualifying criteria:

(1) At least 10 percent of the pre-density bonus dwelling units in the
development shall be affordable, including an allowance for utilities,
to transitional foster youth, disabled veterans, or homeless persons at a
rent that does not exceed 30 percent of 50 percent of the area median
income, as adjusted for household size.

(2) Rental dwelling units shall remain available for a period of 55 years or
longer, as may be required by other laws or covenants.

(g) A lower income student’s housing density bonus agreement shall utilize the
following qualifying criteria:

(1) At least 10 percent of the pre-density bonus units in the development
shall be affordable to lower income students at a rent that does not
exceed 30 percent of 65 percent of the area median income for a
single-room occupancy unit type.

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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(A) The eligibility of a student shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, or by the California Student Aid Commission, stating that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government.

(B) For the purposes of calculating a density bonus granted
pursuant to Section 143.0720(g), the term “unit” means one
rental bed and its pro rata share of associated common area
facilities.

(2) All units in the student housing development shall be used exclusively
for undergraduate, graduate, or professional students enrolled full time
at an institution of higher education accredited by the Western
Association of Schools and Colleges: Senior College and University
Commission or the Accrediting Commission for Community and
Junior Colleges.

(3) The development will provide lower income students experiencing
homelessness priority for the applicable affordable units. A homeless
service provider, as defined in Section 103577(e)(3) of the California
Health and Safety Code, or institution of higher education that has
knowledge of a lower income student’s homeless status may verify a
lower income student’s status as homeless.

(4) The lower income student units shall be comparable in mix and
amenities to the market-rate student units in the development and be
dispersed throughout the development.

(5) Rental units shall remain available as affordable units for a period of
55 years or longer, as may be required by other laws or covenants.

(h) A density bonus agreement for a development providing 100 percent of the
pre-density bonus dwelling units as affordable, shall utilize the following
qualifying criteria:

Ch. Art. Div. 14 3 7 8

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(1) 100 percent of the pre-density bonus dwelling units in the development, exclusive of a manager’s unit or units, shall be affordable to very low income or low income households, except that up to 20 percent of the pre-density bonus dwelling units may be affordable to moderate income households. The post-density bonus units shall be affordable to very low income, low income, or moderate income households, unless offered in accordance with the provisions of Section 143.0720(h)(2)(D).

(2) Rents for all dwelling units in the development, including pre-density
bonus and post-density bonus dwelling units, shall be as follows:

(A) Very low income dwelling units in the development shall be
affordable, including an allowance for utilities, to very low
income households at a rent that does not exceed 30 percent of
50 percent of the area median income, as adjusted for
household size, appropriate for the dwelling unit.

(B) Low income dwelling units in the development shall be
affordable, including an allowance for utilities, to low income
households at a rent that does not exceed 30 percent of 60
percent of the area median income, as adjusted for household
size, appropriate for the dwelling unit.

(C) Moderate income dwelling units in the development shall be
affordable, including an allowance for utilities, to moderate
income households at a rent that does not exceed 30 percent of
110 percent of the area median income, as adjusted for
household size, appropriate for the dwelling unit.

(D) Notwithstanding Sections 143.0720(h)(2)(A)-(C), the rent for
up to 80 percent of the dwelling units in the development may
be set at an amount consistent with the maximum rent levels
for a housing development that receives an allocation of state
or federal low-income housing tax credits from the California
Tax Credit Allocation Committee.

(3) Rental affordable dwelling units shall remain available for a period of
55 years or longer, as may be required by other laws or covenants.

Ch. Art. Div. 14 3 7 9

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(i) A density bonus agreement for a development within a Sustainable
Development Area, transit priority area, or Mobility Zone 3 as defined in
Section 143.1103(a)(3) providing 100 percent of the total pre-density bonus
and post-density bonus dwelling units as affordable to very low income, low
income, and moderate income households shall utilize the following
qualifying criteria:

(1) 100 percent of the total pre-density bonus and post-density bonus
dwelling units in the development, exclusive of a manager’s unit or
units, shall be affordable to very low income, low income, or moderate
income households in any combination of percentages.

(2) Rents for all dwelling units in the development shall be established as
follows:

(A) Very low income dwelling units in the development shall be
affordable, including an allowance for utilities, to low income
households at a rent that does not exceed 30 percent of 50
percent of the area median income, as adjusted for household
size, appropriate for the dwelling unit.

(B) Low income dwelling units in the development shall be
affordable, including an allowance for utilities, to low income
households at a rent that does not exceed 30 percent of 60
percent of the area median income, as adjusted for household
size, appropriate for the dwelling unit.

(C) Moderate income dwelling units in the development shall be
affordable, including an allowance for utilities, to moderate
income households at a rent that does not exceed 30 percent of
110 percent of the area median income, except that 20 percent
of the dwelling units may be affordable up to 30 percent of
150 percent of the area median income, if those units contain at
least three bedrooms.

(3) A for-sale affordable housing density bonus agreement shall utilize the
following qualifying criteria:

(A) Very low income dwelling units in the development shall be affordable to very low income households at an affordable housing cost that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size, appropriate for the dwelling unit.

Ch. Art. Div. 14 3 7 10

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(B) Low income dwelling units in the development shall be
affordable to low income households at an affordable housing
cost that does not exceed 30 percent of 70 percent of the area
median income, as adjusted for household size, appropriate for
the dwelling unit.

(C) Moderate income dwelling units in the development shall be
affordable to moderate income households at an affordable
housing cost that is not less than 28 percent of the gross
income of the household, nor exceeds 35 percent of 110
percent of the area median income, as adjusted for household
size, appropriate for the dwelling units.

(4) Rental and for-sale affordable dwelling units shall remain available for
a period of 55 years or longer, as may be required by other laws or
covenants.

(j) The density bonus dwelling units shall have recorded against them a
Declaration of Covenants, Conditions and Restrictions in favor of the San
Diego Housing Commission that shall enjoy first lien position and shall be
secured by a deed of trust that may be recorded against the project or unit, as
applicable, prior to construction or permanent financing.

(k) A condominium conversion that provides at least 33 percent of the total
dwelling units to low income and moderate income households, or 15 percent
of the total dwelling units to low income households, shall be entitled to a
density bonus of 25 percent or other incentives of equivalent financial value in
accordance with State Density Bonus Law and this Division, unless the
development previously received a density bonus or other incentives.

(l) A development proposal requesting an affordable housing density bonus is
subject to the following:

(1) For development meeting the criteria for senior citizen housing in Section 143.0720(e), the density bonus shall be 20 percent. For a senior citizen housing development that includes senior citizen housing for very low income and low income households, a density bonus shall be calculated as set forth in Tables 143-07A and 143-07B respectively.

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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(2) For development meeting the criteria for very low income households
in Sections 143.0720(c)(1) and 143.0720(d)(1), the density bonus shall
be calculated as set forth in Table 143-07A. The increased density
shall be in addition to any other increase in density allowed in this
Division.

(3) For development meeting the criteria for low income households in
Sections 143.0720(c)(2) and 143.0720(d)(2), the density bonus shall
be calculated as set forth in Table 143-07B. The increased density
shall be in addition to any other increase in density allowed in this
Division.

(4) For development meeting the criteria for moderate income in
Sections 143.0720(c)(5) and 143.0720(d)(3), the density bonus shall
be calculated as set forth in Table 143-07C. The increased density
shall be in addition to any other increase in density allowed in this
Division.

(5) For development meeting the criteria for transitional foster youth,
disabled veterans, or homeless persons in Section 143.0720(f), the
density bonus shall be 20 percent of the total pre-density bonus
dwelling units. A density bonus for transitional foster youth, disabled
veterans, or homeless persons for very low income shall be calculated
as set forth in Table 143-07A.

(6) For development meeting the criteria for lower income students, the
density bonus and incentives shall be calculated in accordance with
Table 143-07B.

(7) For development providing at least 100 percent of the pre-density bonus dwelling units as affordable to very low income, low income, and moderate income households in accordance with Section 143.0720(h); or development within a Sustainable Development Area, transit priority area, or Mobility Zone 3 as defined in Section 143.1103(a)(3) providing at least 100 percent of the total pre-density and post-density bonus dwelling units as affordable to very low income, low income, and moderate income households in accordance with Section 143.0720(i), the density bonus shall be as follows:

Ch. Art. Div. 14 3 7 12

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(A) For development located outside of a Sustainable Development
Area, transit priority area, or Mobility Zone 3 as defined in
Section 143.1103(a)(3) the density bonus shall be 80 percent of
the number of pre-density bonus dwelling units provided for
low income or very low income households. This bonus does
not apply to development consistent with Section 143.0720(i).

(B) For development located within a Sustainable Development
Area, transit priority area, or Mobility Zone 3 as defined in
Section 143.1103(a)(3) there shall be no limit on the number of
dwelling units permitted.

(8) For development meeting the criteria in Sections 143.0720(c)(1),
143.0720(c)(2), 143.0720(c)(5), 143.0720(d)(1), 143.0720(d)(2),
143.0720(d)(3), 143.0720(e), 143.0720(f), 143.0720(g), 143.0720(h),
or 143.0720(i), where an applicant has not requested an incentive or
waiver to exceed the maximum structure height or setbacks of the
base zone, an additional density bonus of 10 percent of the pre-density
bonus dwelling units shall be granted, provided that development of
the additional density does not cause the need for an incentive, waiver,
or deviation to exceed the maximum structure height or setbacks of
the base zone.

(9) For micro-unit development that provides five or more dwelling units;
meets the criteria in Sections 143.0720(c)(1), 143.0720(c)(2),
143.0720(d)(1), 143.0720(d)(2), 143.0720(d)(3), 143.0720(e),
or143.0720(f); provides an average of no more than 600 square feet
per dwelling unit with no dwelling unit exceeding 800 square feet;
with a portion of the lot located within a Sustainable Development
Area; and where the premises can be serviced by all required utilities,
a density bonus of up to 100 percent of the pre-density bonus dwelling
units shall be granted. The post-density bonus dwelling units shall be
micro-units as described above. For development meeting the same
criteria within the Centre City Planned District Ordinance, the
development must comply with Section 156.0309(d)(1)(C).

(10) If the premises is located in two or more zones, the number of
dwelling units permitted in the development is the sum of the dwelling
units permitted in each of the zones. Within the development, the
permitted number of dwelling units may be distributed without regard
to the zone boundaries.

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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(11) Where the development consists of two or more specifically identified
parcels, whether contiguous or noncontiguous, the maximum number
of dwelling units permitted on each parcel is calculated based on the
area of that parcel.

(12) Where the development consists of two or more noncontiguous parcels lying within two or more community planning areas, the dwelling units reserved at levels affordable to very low income, low income, or moderate income households shall be distributed among these community planning areas in the same proportion as the total number of dwelling units constructed within the development.

(13) If the applicable land use plan map identifies an allowable density
range in dwelling units per acre, the maximum allowable density in
that range shall be used to calculate the density bonus as set forth in
Table 143-07A, Table 143-07B or Table 143-07C. If using the land
use plan density, allowed density bonus dwelling units shall not be
counted towards the maximum allowed floor area ratio of the zone;
and within the mixed-use base zones the allowed density bonus
dwelling units shall not be counted towards the percentage of the
required primary use or secondary use, as that term is defined in
Section 131.0702.

(14) Within the Centre City Planned District, the maximum floor area ratio
shall be used to calculate the base density and density bonus as set
forth in Table 143-07A, Table 143-07B, or Table 143-07C, and shall
comply with Section 156.0309(e)(1).

(15) For development that meets the criteria in Sections 143.0720(c)(1),
143.0720(c)(2), 143.0720(d)(1), 143.0720(d)(2), 143.0720(d)(3),
143.0720(e), 143.0720(f), 143.0720(g), 143.0720(h), or 143.0720(i),
where at least 20 percent of the total dwelling units are three bedrooms
or greater, an additional density bonus of 20 percent shall be granted
and an additional density bonus of 10 percent of the pre-density bonus
dwelling units shall be granted, if the density bonus dwelling units
provided contain at least three bedrooms.

(m) For purposes of this Division, density bonus means an increase in density in
accordance with Section 113.0222(c) beyond the otherwise maximum
allowable density; or, if elected by the applicant, a lesser percentage of
density or no increase in density.

Ch. Art. Div. 14 3 7 14

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(n) All density calculations resulting in fractional units shall be rounded up to the next whole number.

(o) A residential or mixed-use development consistent with all base zone
requirements may receive a 0.5 floor area ratio bonus that may be combined
with any other bonuses and incentives found within this Division and within
Chapter 14, Article 3, Division 10 if any portion of the development is located
on a premises that meets all of the following:

(1) Located in a Sustainable Development Area; and

(2) Located in a commercial base zone that allows for residential or
mixed-use development; and

(3) Has an existing land use in the premises that is not developed
residential.

(p) Very low income, low income, and moderate income households located in an
area identified as a Low Resource or High Segregation and Poverty Resource
California Tax Credit Allocation Committee (CTCAC) Opportunity Area
when the development application is deemed complete shall receive priority
preference for new covenant-restricted dwelling units created under this
section.

(q) The granting of a density bonus shall not require the preparation of an
additional report or study not otherwise required.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 12-5-07 by O-19689; effective 01-04-08.)
[Editors Note. Amendments as adopted by O-19689 N. S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission unconditionally
certifies it as a Local Coastal Program Amendment. The 2008 Ordinance O-19689
was withdrawn from the California Coastal Commission and Ordinance O-20518 was
then submitted and subsequently certified by the Coastal Commission on May 11,
2016.]

(Amended 7-28-2015 by O-20518 N.S.; effective 8-27-2015.)
(Amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)
(Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
(Amended 9-12-2019 by O-21118 N.S.; effective 10-12-2019.)
(Amended 1-28-2020 by O-21167 N.S; effective 7-1-2020.)
(Amended 7-30-2020 by O-21222 N.S.; effective 8-29-2020.)

Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

Note: The priority preference for households that qualify for affordable homes as set forth in Sections 142.1304(e)(3), 143.0720(p), 143.0860(e), 143.1005(b)(4), and 143.1212(f) will not be implemented until a program can be developed and a funding source can be approved as part of a future action of the Housing Authority or City Council to ensure successful implementation. For Sections 143.0860(e) and 143.1005(b)(4), only portions applicable to the priority preference are delayed.

(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

Ch. Art. Div. 14 3 7 16

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

An applicant for a tentative map, parcel map, or residential development permit, may donate and transfer land to the City for development with affordable dwelling units, in exchange for a density bonus, in accordance with this Division and pursuant to State Density Bonus Law. (Added 12-9-1997 by O-18451 N.S.; amended 6-21-1999 by O-18654 N.S.; effective 1-1-2000.) (Retitled and Amended 12-5-07 by O-19689; effective 01-04-08.)

[Editors Note. Amendments as adopted by O-19689 N. S. will not apply within the Coastal Overlay Zone until the California Coastal Commission unconditionally certifies it as a Local Coastal Program Amendment. The 2008 Ordinance O-19689 was withdrawn from the California Coastal Commission and Ordinance O-20518 was then submitted and subsequently certified by the Coastal Commission on May 11, 2016.]

(Readopted on 7-28-2015 by O-20518 N.S.; effective 8-27-2015.) (Amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)

An applicant proposing a density bonus shall be entitled to incentives as described in this Division for any development for which a written agreement and a deed of trust securing the agreement is entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission. The City shall process an incentive requested by an applicant as set forth in this section.

(a) An incentive means any of the following:

(1) A deviation to a development regulation;

(2) Approval of mixed use zoning in conjunction with a residential
development provided that the commercial, office, or industrial uses:

(A) Reduce the cost of the residential development; and

(B) Are compatible with the proposed residential development; and

(C) Are compatible with existing or planned development in the
area where the proposed residential development will be
located.

Ch. Art. Div.
14 3 7 17

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(3) Any other incentive proposed by the applicant, other than those
identified in Section 143.0740(b), that results in identifiable, actual
cost reductions.

(b) Items not considered incentives by the City of San Diego include, but are not
limited, to the following:

(1) A waiver of a required permit, except as permitted by Sections
132.1202(b) and 132.1402(b);

(2) A waiver of fees or dedication requirements;

(3) A direct financial incentive;

(4) An increase in the maximum permitted floor area ratio in land use
plans that use floor area ratio rather than dwelling units per acre or
per square foot as the mechanism to control density.

(c) An incentive requested as part of a development meeting the requirements of
Section 143.0720 shall be processed according to the following:

(1) Upon an applicant’s request, development that meets the applicable
requirements of Section 143.0720 shall be entitled to incentives
pursuant to Section 143.0740 unless the City makes a written finding
of denial based upon substantial evidence, of any of the following:

(A) The incentive is not required in order to provide for affordable housing costs, as defined in California Health and Safety Code Sections 50052.5 and 50053;

(B) The incentive would have a specific adverse impact upon
public health and safety as defined in Government Code
section 65589.5 including environmentally sensitive lands, or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low income
and moderate income households;

Ch. Art. Div. 14 3 7 18

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(C) The incentive would be contrary to state or federal law.
Requested incentives shall be analyzed in compliance with the
California Environmental Quality Act as set forth in
Chapter 12, Article 8, and no incentive shall be granted without
such compliance; or

(D) Within the Coastal Overlay Zone, the incentive would be
inconsistent with the resource protection standards of the
City’s Local Coastal Program or the environmentally sensitive
lands regulations, with the exception of density.

(2) When a development permit is otherwise required, the decision to deny
a requested incentive shall be made by the decision maker for the
development permit.

(3) The granting of an incentive shall not require a land use plan
amendment, zoning change, study, or other discretionary approval.

(d) The number of incentives available are identified in Table 143-07A for very
low income households, Table 143-07B for low income households, and
Table 143-07C for moderate income households consistent with the
percentage of pre-density bonus units identified in the first column of each
table.

(e) For a development providing 100 percent of the pre-density bonus dwelling units as affordable to very low income, low income, and moderate income households in accordance with Section 143.0720(h); or development within a Sustainable Development Area, transit priority area, or Mobility Zone 3 as defined in Section 143.1103(a)(3), providing 100 percent of the total pre- density and post-density bonus dwelling units as affordable to very low income, low income, and moderate income households in accordance with Section 143.0720(i), five incentives shall be available. If the development is located within a Sustainable Development Area, transit priority area, or Mobility Zone 3 as defined in Section 143.1103(a)(3), the applicant shall also receive a structure height increase of up to 3 additional stories or 33 feet.

Ch. Art. Div.
14 3 7 19

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Table 143-07A

Very Low Income Density Bonus Households

Footnotes for Table 143-07A

1 For development containing 50 pre-density dwelling units or less, once this maximum is reached, an additional 25 percent density bonus and three incentives are allowed if an additional 10 percent of the pre-density bonus units are restricted in accordance with the provisions of this Division for households earning less than or equal to 120 percent of the area median income, as adjusted for household size, and the development is within a Sustainable Development Area.

2 Once this maximum is reached, an additional 25 percent density bonus and three incentives are allowed if an additional 10 percent of the pre-density bonus units are restricted in accordance with the provisions of this Division for households earning less than or equal to 120 percent of the area median income, as adjusted for household size, and the development is within a Sustainable Development Area.

Ch. Art. Div. 14 3 7 20

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Table 143-07B

Low Income Density Bonus Households

Footnotes for Table 143-07B

1 For development containing 50 pre-density dwelling units or less, once this maximum is reached, an additional 25 percent density bonus and three incentives are allowed if an additional 10 percent of the pre-density bonus units are restricted in accordance with the provisions of this Division for households earning less than or equal to 120 percent of the area median income, as adjusted for household size, and the development is within a Sustainable Development Area.

2 Once this maximum is reached, an additional 25 percent density bonus and three incentives are allowed if an additional 10 percent of the pre-density bonus units are restricted in accordance with the provisions of this Division for households earning less than or equal to 120 percent of the area median income, as adjusted for household size, and the development is within a Sustainable Development Area.

Ch. Art. Div.
14 3 7 21

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Table 143-07C

Moderate Income Density Bonus Households

Ch. Art. Div. 14 3 7 22

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(“Affordable Housing Provisions” added 12-9-1997 by O-18451 N.S.; repealed and
“Additional Development Incentive for Affordable Housing” added 6-21-1999 by
O-18654 N.S.; effective 1-1-2000.)
(Amended 12-5-07 by O-19689; effective 01-04-08.)
[Editors Note. Amendments as adopted by O-19689 N. S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission unconditionally
certifies it as a Local Coastal Program Amendment. The 2008 Ordinance O-19689
was withdrawn from the California Coastal Commission and Ordinance O-20518 was
then submitted and subsequently certified by the Coastal Commission on May 11,
2016.]

(Amended 7-28-2015 by O-20518 N.S.; effective 8-27-2015.)
(Amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)
(Retitled from “Development Incentives for Affordable Housing Density Bonus
Project” to “Incentives in Exchange for Affordable Housing Dwelling Units” and
amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 7-30-2020 by O-21222 N.S.; effective 8-29-2020.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)
(Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)
(Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission certifies it as a Local
Coastal Program Amendment.
Click the link to view the Strikeout Ordinance highlighting changes to prior language
http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

Ch. Art. Div.
14 3 7 23

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Development that meets the criteria in Section 143.0720 and includes a child care center as defined in Section 141.0606(a)(2) as part of, or adjacent to, such development shall be entitled to an additional density bonus or incentive provided that:

(a) The child care center remains in operation for the greater of 30 years or the
period of time established by Section 143.0720(c)(4);

(b) The percentage of children from low, very low, or moderate income
households attending the child care center is equal to or greater than the
percentage of those same households required in the residential development;

(c) The additional density bonus or incentive requested is either:

(1) An additional density bonus in an amount equal to the amount of
square feet in the child care center up to a maximum combined density
increase of 35 percent; or

(2) An additional incentive that contributes significantly to the economic
feasibility of the construction of the child care center.

(d) The City finds, based upon substantial evidence, that the community is
inadequately served by child care centers.
(“Density Bonus and Incentives in Exchange for Child Care” added 3-22-2018 by
O-20916 N.S.; effective 4-21-2018.)

Ch. Art. Div. 14 3 7 24

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

The Employee Housing Incentive Program shall be implemented in accordance with this section. An applicant for non-residential development as defined in this section that contributes to the construction of affordable housing through the payment of the Employee Housing Incentive Program Fee, as adopted by City Council Resolution, shall be entitled to receive incentives, as set forth below.

(a) Eligible Non-residential Development.

(1) The non-residential development shall be located within a Sustainable
Development Area.

(2) For purposes of this section, non-residential development includes all
subcategories within the Retail Sales, Commercial Services, and
Office use categories, and the Light Manufacturing and Research &
Development subcategories within the Industrial use category in
accordance with Section 131.0122(a), but does not include Separately
Regulated Uses within these use categories.

(b) Incentives shall be consistent with Sections 143.0740(a)(1), 143.0740(b)(1)-
(3), and 143.0740(c), with the following exceptions:

(1) Incentives may not be used to deviate from minimum floor area ratio
requirements for residential uses.

(2) Floor area ratio may not be increased by more than 1.5.

(c) An applicant shall only utilize either the incentives provided in this Section or
in Section 143.0747.

(“Incentives for Commercial Development” added 3-22-2018 by O-20916 N.S.;
effective 4-21-2018.)
(Retitled from “Incentives for Commercial Development” to “Incentives for
Non-Residential Development” and amended 3-11-2022 by O-21439 N.S.; effective
4-10-2022.)

Ch. Art. Div.
14 3 7 25

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

An applicant proposing density bonus shall be entitled to a waiver as described in this Division for any residential development for which a written agreement and a deed of trust securing the agreement is entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission.

(a) A waiver means a request by an applicant to waive or reduce a development
standard that physically precludes construction of development meeting the
criteria of Sections 143.0720(c), 143.0720(d), 143.0720(e), 143.0720(f), or
143.0720(h).

(b) Upon an applicant’s request, development that meets the applicable
requirements of Section 143.0720 shall be entitled to waivers unless the City
makes a written finding of denial based upon substantial evidence, of any of
the following:

(1) The waiver would have a significant, quantifiable, direct, and
unavoidable impact upon health or safety for which there is no feasible
method to mitigate or avoid the impact;

(2) The waiver would have an adverse impact on any real property that is
listed in the California Register of Historical Resources; or

(3) The waiver would be contrary to state or federal law. Requested
waiver(s) shall be analyzed in compliance with the California
Environmental Quality Act as set forth in Chapter 12, Article 8, and no
waiver shall be granted without such compliance.

(4) Within the Coastal Overlay Zone, the waiver would be inconsistent
with the resource protection standards of the City’s Local Coastal
Program or the environmentally sensitive lands regulations, with the
exception of density.

Ch. Art. Div. 14 3 7 26

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(c) The granting of a waiver shall not require a General Plan amendment, zoning
change, development permit, or other discretionary approval.

(d) When a development permit is otherwise required, the decision to deny a
requested waiver shall be made by the decision maker for the development
permit.

(e) There is no limit on the number of waivers an applicant may request.

(f) A proposal for the waiver or reduction of development regulations pursuant to
this Section 143.0743 shall neither reduce nor increase the number of
incentives to which the applicant is entitled pursuant to Section 143.0740.

(g) A residential development that receives a waiver from any maximum controls on density pursuant to Section 143.0720(l)(7)(B) shall not be eligible for, and shall not receive, a waiver or reduction of development regulations pursuant to this Section 143.0743. (“Waivers in Exchange for Affordable Housing Units” added 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

Upon the request of an applicant for a development meeting the criteria in Sections 143.0720(c), 143.0720(d), 143.0720(e), 143.0720(f), 143.0720(g), 143.0720(h), or 143.0720(j), the vehicular parking ratios in Table 143-07D, as may be applicable, or those set forth in Chapter 14, Article 2, Division 5, inclusive of disabled and guest parking, whichever is lower, shall apply. For purposes of this Division, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking or parking within a required front yard setback.

Ch. Art. Div.
14 3 7 27

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Table 143-07D

Parking Reduction for Proximity to Transit

Ch. Art. Div. 14 3 7 28

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Footnotes for Table 143-07D

1 Parking reductions shall not be subject to the parking regulations of the Transit Overlay Zone and shall not be entitled to parking reductions provided in Section 142.0550 (Parking Assessment District Calculation Exception).

2 Exclusive of a manager’s unit.

(“Parking Ratios for Affordable Housing” added 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 7-30-2020 by O-21222 N.S.; effective 8-29-2020.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

A development that complies with the Affordable Housing Regulations may provide all or a portion of the required affordable dwelling units off-site in accordance with the following:

(a) Off-site affordable dwelling units shall be located in the same community
planning area and City Council District, or within one mile of the premises of
the development. The distance shall be measured in a straight line from the
property lines of the proposed housing developments.

(b) Off-site affordable dwelling units that do not meet the locational criteria in
Section 143.0745(a) and (c) may be approved with a Process Four Planned
Development Permit in accordance with Section 126.0604.

(c) Off-site affordable dwelling units that do not meet the locational criteria in
Section 143.0745(a) may be located in an area where the receiver site is
within a Sustainable Development Area, an area identified as a High or
Highest Resource California Tax Credit Allocation Committee (CTCAC)
Opportunity Area, and less than five percent of the existing dwelling units in
that community planning area are covenant-restricted to very low income, low
income, or moderate income households.

Ch. Art. Div.
14 3 7 29

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(d) At a minimum, the same number of affordable dwelling units required of the
development must be provided, at the same affordability levels and the same
total bedroom count as the development. The applicant may provide different
bedroom mixes to meet the total dwelling unit and bedroom count minimums.
For purposes of calculating total bedroom count, an affordable studio shall
count as 60 percent of an affordable bedroom and an affordable SRO hotel
room shall count as 40 percent of an affordable bedroom. Any calculations
resulting in fractional units shall round up to the next whole number.

(e) The applicant, prior to the issuance of the first building permit for the
development, shall secure the required number of off-site affordable dwelling
units and enter into an agreement(s) with the President and Chief Executive
Officer of the San Diego Housing Commission establishing the same terms
and conditions set forth in Section 143.0720 for similar affordable density
bonus dwelling units.

(f) Off-site affordable dwelling units may be located in an existing structure,
provided the applicant provides evidence that the existing structure has a
remaining useful life of at least 55 years from the issuance of a Certificate of
Occupancy pursuant to Section 143.0745(g)(2)(B) and complies with current
California Building Code standards, to the satisfaction of the City Manager.
Off-site affordable dwelling units that are occupied at the time the application
is deemed complete shall comply with the State Relocation Act pursuant to
California Government Code Section 7260 or the Residential Tenant
Protection Regulations in accordance with Chapter 9, Article 8, Division 7,
whichever amount of relocation assistance is greater.

(g) Prior to the issuance of the first building permit, the applicant shall record a
deed restriction against the off-site development that:

(1) Documents the required number of affordable dwelling units to be
provided; and

(2) Assigns foreclosure rights of the development premises to the San
Diego Housing Commission as follows:

(A) For new development, if the affordable dwelling unit(s) has not
received a certificate of occupancy within 54 months of the
issuance of the first building permit.

Ch. Art. Div. 14 3 7 30

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(B) For an existing structure(s), if the affordable dwelling unit(s) has not received a certificate of occupancy within 36 months of the issuance of the first building permit. (“Locating Required Affordable Dwelling Units Off-site” added 7-19-2016 by O-20673 N.S.; effective 8-27-2016.) (Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

(a) Affordable housing uses not otherwise allowed in High or Highest Resource California Tax Credit Allocation Committee (CTCAC) Areas. Affordable housing may be permitted in High or Highest Resource CTCAC Areas in accordance with Process One on a premises located within a non-residential base zone that does not otherwise allow multiple dwelling unit development, subject to all of the following:

(1) The development proposes to construct one or more of the following:

(A) A multiple dwelling unit development in which at least 100
percent of the total dwelling units, exclusive of a manager’s
unit or units, are covenant-restricted as affordable to very low
income, low income, or moderate income households;

(B) Permanent supportive housing;

(C) Transitional housing;

(D) An emergency shelter; or

(E) SRO hotel rooms in a SRO hotel that meets the deed restriction
requirement in Section 143.0746(a)(7).

(2) The premises is located within all of the following:

(A) A Sustainable Development Area;

Ch. Art. Div.
14 3 7 31

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(B) An area identified as a High or Highest Resource CTCAC
Opportunity Area when the development application is deemed
complete;

(C) A community planning area in which less than 5 percent of the
existing dwelling units are covenant-restricted to very low
income, low income, or moderate income households; and

(D) Outside of an area identified as Industrial or Open Space in a
land use plan.

(3) The residential density shall be determined for the applicable portion
of the premises as follows:

(A) Within Mobility Zone 1 (the Downtown Community Planning
Area), the density and floor area ratio shall be unlimited.

(B) Within a community planning area that meets the definition of
Mobility Zone 3 as defined in Section 143.1103(a)(3), density
shall be limited by a maximum floor area ratio of 6.5.

(C) Within a community planning area that meets the definition of Mobility Zone 4 as defined in Section 143.1103(a)(4), density shall be limited by a maximum floor area ratio of 4.0.

(4) Residential development shall comply with the development
regulations of the RM-2-5 zone with the exemption of density, floor
area ratio, lot area, and lot dimensions.

(5) Development consistent with the criteria in this section shall be
entitled to incentives and waivers in accordance with Section 143.0740
and 143.0743.

(6) Development shall comply with the regulations of the Airport Land
Use Compatibility Zone.

(7) Dwelling units shall remain available and affordable for a period of
55 years or longer, as may be required by other laws or covenants.

(b) Affordable housing may be permitted on a premises owned by a public
agency or a qualified nonprofit corporation (consistent with Chapter 2 of the
Municipal Code) in accordance with a Process One on a premises located
within a base zone that does not allow multiple dwelling unit development,
subject to all of the following:

Ch. Art. Div. 14 3 7 32

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(1) The application for the premises is submitted by a person that has the
authority to fill out an application in accordance with
Section 112.0102 and is a public agency or a qualified nonprofit
corporation qualified under Section 501(c)(3) of the Internal Revenue
Code.

(2) The development includes one of the following:

(A) A multiple dwelling unit development in which at least
25 percent of the total dwelling units, exclusive of a manager’s
unit or units, are covenant-restricted as affordable to very low
income, low income, or moderate income households;

(B) Multiple dwelling unit development for use by public agency
employees to be constructed under a contract with a public
agency;

(C) Multiple dwelling unit development for use by active or retired
military personnel or veterans, to be constructed by or through
a contract with the federal government;

(D) Multiple dwelling unit development for use by lower income students constructed by or through a contract with a community college district or a state operated university;

(E) Permanent supportive housing;

(F) Transitional housing; or

(G) An emergency shelter.

(3) The premises is located:

(A) Within Mobility Zone 1, 2, or 3 as defined in
Section 143.1103(a); and

(B) Outside of an area designated for Industrial, Park, or Open
Space in a land use plan.

(4) The residential density maximums for development shall not apply.

Ch. Art. Div.
14 3 7 33

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

(5) The residential maximum floor area ratio shall be determined by the
Mobility Zone as defined in Section 143.1103 and the percentage of
very low income, low income, and moderate income dwelling units
provided as identified in Table 143-07E.

(A) Where a premises is located in two or more Mobility Zones,
the entire premises shall be subject to the regulations
applicable to the Mobility Zone with the greatest floor area
ratio bonus.

(B) Development located within the Coastal Overlay Zone and the
Coastal Height Limit Overlay Zone as shown on Map No. C-
380, filed in the office of the City Clerk as Document No.
743737, shall be limited to a maximum floor area ratio of 2.5,
and to a maximum height of 30 feet, except for those areas
located within Mobility Zone 1.

Table 143-07E
Maximum Floor Area Ratios by Mobility Zone

Ch. Art. Div. 14 3 7 34

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Footnotes for Table 143-07E

1 Mobility Zones as defined in Section 143.1103.

2 For base zones that have a maximum floor area ratio equal or greater than the floor
area ratio specified in Table 143-07E, the development shall receive an additional
floor area ratio bonus of 3.0 for very low income and low income dwelling units.

3 For base zones that have a maximum floor area ratio equal or greater than the floor
area ratio specified in Table 143-07E, the development shall receive an additional
floor area ratio bonus of 1.5 for moderate income dwelling units.

(6) Residential development shall comply with the following development
regulations:

(A) Within Mobility Zone 1, residential development shall comply
with the underlying base zone, except for the floor area ratio.

(B) Within Mobility Zones 2 and 3 residential, development shall
comply with the development regulations of the RM-2-5 zone
with the exception of the following:

(i) Floor area ratio and density shall be based on
Table 143-07E.

(ii) Lot area and lot dimensions shall be based on the base
zone.

(7) Development consistent with the criteria in this section shall be
entitled to incentives and waivers in accordance with Section 143.0740
and 143.0743.

(8) Affordable dwelling units within a multiple dwelling unit development
shall remain available and affordable for a period of 55 years or
longer, as may be required by other laws or covenants.
(“Affordable Housing in All Communities” added 3-11-2022 by O-21439 N.S.;
effective 4-10-2022.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

Ch. Art. Div.
14 3 7 35

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

Incompatible Use

An applicant proposing development to replace a previously conforming use
identified as an incompatible use in Section 127.0112 shall be entitled to one of the
following incentives:

(a) If a development application is deemed complete within 15 years of the date of
notification in accordance with Section 127.0112(b)(2), the development may
increase the maximum floor area ratio allowed in the base zone by 0.5. The
increased floor area ratio shall be in addition to any other increase in density
or floor area ratio allowed in this Division.

(b) If a development application is deemed complete within 15 years of the date of
notification in accordance with Section 127.0112(b)(2) and includes 50
percent of its pre-density bonus dwelling units set aside as affordable to very
low income, low income, or moderate income households for a period of not
less than 55 years guaranteed through a written agreement and a deed of trust
securing the agreement, entered into by the applicant and the President and
Chief Executive Officer of the San Diego Housing Commission, the
development may increase the maximum floor area ratio allowed by the base
zone by 1.5. The increased floor area ratio shall be in addition to any other
increase in density or floor area ratio allowed in this Division.
(“Incentives for Development of a Previously Conforming Use Identified as an
Incompatible Use” added 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

Ch. Art. Div. 14 3 7 36

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

An applicant for a commercial development that has entered into an agreement with an applicant for a residential development that provides at least 15 percent of the total dwelling units as affordable to very low income households or at least 30 percent of the dwelling units as affordable to low income households shall be entitled to a development bonus in accordance with California Government Code 65915.7(b) provided that all the following requirements are met:

(a) The agreement shall identify, to the satisfaction of the City Manager, how the
applicant for the commercial development will contribute to affordable
housing in one of the following ways:

(1) Directly constructing the affordable dwelling units on the same
premises of the development;

(2) Donating a portion of the commercial premises or another premises
that meets the criteria in section 143.0743(b) for the development of
affordable dwelling units; or

(3) Contributing to the development of affordable dwelling units through
payment of the Employee Housing Incentive Program Fee in
accordance with Section 143.0742.

(b) The residential development shall be located within a Sustainable
Development Area or Transit Priority Area.

(c) A deemed complete application for the commercial development was
submitted prior to January 1, 2028.

(d) A commercial development shall only utilize either the incentives provided in
this Section or in Section 143.0742.

(“Density Bonus and Incentives for Commercial Development” added 7-22-2024 by
O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission certifies it as a Local
Coastal Program Amendment.
Click the link to view the Strikeout Ordinance highlighting changes to prior language
http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ]

Ch. Art. Div.
14 3 7 37

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

An applicant requesting a density bonus, incentive(s), waiver(s), or parking reduction(s) provided under this Division shall submit, at the time of application, an Affordable Housing Incentives and Waivers Report to the satisfaction of the City Manager. The report shall document the basis for the requested incentive(s), waiver(s), or parking reductions. (“Transfer of Bonus Density Units” added 12-9-1997 by O-18451 N.S.; repealed and “Deviation to Allow for Additional Development Incentive” added 6-21-1999 by O-18654 N.S.; effective 1-1-2000.) (Readopted on 7-28-2015 by O-20518 N.S.; effective 8-27-2015.) (Retitled from “Deviation to Allow for Additional Development Incentive” to “Affordable Housing Incentives and Waivers Report” and amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)

Ch. Art. Div. 14 3 7 38

San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Article 3: Supplemental Development Regulations