San Diego Municipal Code Div. 9 Affordable Housing, In-Fill Projects, and Sustainable Buildings

Development Regulations (Added 6-3-2003 by O-19186 N.S.) (Retitled from “Affordable/In-Fill Housing Development Regulations” to “Affordable Housing, In-Fill Projects, and Sustainable Buildings Development Regulations” on 9-15-2017 by O-20856 N.S.; effective 10-20-2017.)

Development Regulations

The purpose of these regulations is to provide flexibility in the application of development regulations for projects providing affordable shelter and a balance of housing opportunities for all economic segments of the community. The intent is to provide an additional incentive to facilitate the development of affordable housing, in-fill projects, and sustainable buildings while assuring that the development achieves the purpose and intent of the applicable land use plan. (Added 6-3-2003 by O-19186 N.S.) (Amended 3-1-2006 by O-19466 N.S; effective 4-1-2006.) (Retitled from “Purpose of Affordable/In-Fill Housing and Sustainable Buildings Development Regulations” to “Purpose of Affordable Housing, In-Fill Projects, and Sustainable Buildings Development Regulations” and amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.)

Affordable Housing, In-Fill Projects, and Sustainable Buildings

These regulations apply to the following types of development:

(a) Affordable housing, which is any of the following:

(1) Residential development (including both for-sale and for-rent
inclusionary dwelling units) in accordance with Chapter 14, Article 2,
Division 13.

(2) Residential development sponsored by or receiving funding from the
San Diego Housing Commission, of which at least 15 percent of the
total units are affordable to households with an income at or below
120 percent of area median income, as determined by the San Diego
Housing Commission.

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

(3) Residential development subject to a federal, state, or local
governmental agreement that restricts tenancy and rents at or below 80
percent of area median income, as determined by the San Diego
Housing Commission, for a period of at least 55 years.

(4) Residential development where at least 10 percent of the dwelling units
are affordable to households earning no more than 150 percent of area
median income, as determined by the U.S. Department of Housing and
Urban Development and published by the San Diego Housing
Commission, for a period of at least 15 years

(5) Residential development for use by active military personnel and their
families that is to be constructed by the federal government or through
a contract with the federal government.

(6) Mixed-use development or development that otherwise combines
residential with other land uses where at least 50 percent of the gross
floor area of the total development is the type of project described in
Section 143.0915(a)(1) through (5).

(b) In-fill projects, which is any of the following:

(1) Residential, commercial, or industrial development located within the
San Diego Promise Zone.

(2) Residential or mixed-use development within a Sustainable
Development Area.

(c) Sustainable buildings

Residential and non-residential development projects that incorporate the Voluntary Tier 2 Measures of Title 24, Part 11 California Green Building Standards Code in effect at the time the building permit application is deemed complete. (Added 6-3-2003 by O-19186 N.S.) (Amended 3-1-2006 by O-19466 N.S; effective 4-1-2006.) (Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.) (Amended 11-13-08 by O-19805 N.S; effective 12-13-2008.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (“Retitled from “When Affordable/In-Fill Housing and Sustainable Buildings Regulations Apply” to “When Supplemental Neighborhood Development Permit Regulations Apply for Affordable Housing, In-Fill Projects, and Sustainable Buildings” and amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 1-28-2020 by O-21167 N.S; effective 7-1-2020.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

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

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

Development identified in Section 143.0915 may be permitted with a Neighborhood Development Permit decided in accordance with Process Two, except as provided in Section 143.0920(e), for the following:

(a) Development that proposes deviations from applicable Land Development
Code regulations in accordance with Section 126.0602(b)(1), provided that
the findings in Section 126.0404(a) are made. In the event that a deviation is
requested, the supplemental findings in Section 126.0404(f) shall also be
made.

(b) Development located within environmentally sensitive lands in accordance
with Section 143.0110, Table 143-01A, including development which may
potentially impact steep hillsides where alternative compliance is requested in
accordance with Section 143.0515, provided that the findings in Sections
126.0404(a) and (b), are made. In the event an environmentally sensitive lands
deviation is requested, the supplemental findings in Section 126.0404(c) shall
also be made.

(c) Multiple dwelling unit development requesting increased density where the
land use plan expressly provides for increased density with the approval of a
Planned Development Permit, provided that the findings in
Section 126.0404(a) are made. In the event that a deviation is requested, the
supplemental findings in Section 126.0404(f) shall also be made.

(d) Residential development in the Community Plan Implementation Overlay
Zone designated “Type A” that does not comply with the development
standards and residential development in the Community Plan Implementation
Overlay Zone designated “Type B,” as described in Section 132.1402,
provided that the findings in Section 126.0404(a) are made. In the event that a
deviation is requested, the supplemental findings in Section 126.0404(f) shall
also be made.

(e) A deviation pursuant to Section 143.0920 may not be requested for the
following:

(1) Within the Coastal Overlay Zone, a deviation from the requirements of
the Environmentally Sensitive Lands Regulations (Chapter 14,
Article 3, Division 1).

(2) A deviation from the requirements of the Coastal Height Limit
Overlay Zone (Chapter 13, Article 2, Division 5).

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

(3) Within the Coastal Overlay Zone, a deviation from the requirements of
the Parking Impact Overlay Zone (Chapter 13, Article 2, Division 8).

(4) A deviation from the requirements of the Historical Resources
Regulations (Chapter 14, Article 3, Division 2).
(f) Residential development in the Community Enhancement Overlay Zone that
does not comply with the development standards within the Community
Enhancement Overlay Zone, as described in Section 132.1602, provided that
the findings in Section 126.0404(a) are made. If a deviation is requested, the
supplemental findings in Section 126.0404(f) shall also be made.
(Added 6-3-2003 by O-19186 N.S.)
(Amended 3-1-2006 by O-19466 N.S.; effective 4-1-2006.)
(Amended 7-22-2009 by O-19877 N.S; effective 8-21-2009.)
(Retitled from “Deviation Requirements for Affordable/In-Fill Housing and
Sustainable Buildings” to Affordable Housing, In-Fill Projects, and Sustainable
Buildings Deviations” and 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 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)
(Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)

[Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]

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San Diego Municipal Code Chapter 14: General Regulations (6-2026)

Article 3: Supplemental Development Regulations