San Diego Municipal Code § 141.0307 Guest Quarters or Habitable Accessory Buildings

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), are permitted as a limited use decided in accordance with Process One, indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations.

(a) Regulations for ADUs and JADUs.

(1) Guest Quarters. Guest quarters and non-habitable accessory structures
shall be permitted in addition to ADUs and JADUs, if permitted by the
base zone.

(2) Development Impact Fees. Development Impact Fees for ADUs and
JADUs shall be paid in accordance with Section 142.0640(b).

(3) Multi-Dwelling Unit and Urban Lot Split Regulations. An ADU or
JADU shall not be permitted to be constructed on any premises that
has utilized the provisions of Chapter 14, Article 3, Division 13,
Multi-Dwelling Unit and Urban Lot Split Regulations for Single
Family Zones, except as provided in Section 143.1305(c)(1).

(4) Previously Conforming. Construction of an ADU or JADU shall not
require correction of previously conforming conditions on the
premises.

(5) Conversion. An ADU or JADU that is converted from an existing
dwelling unit or accessory structure, or is constructed in the same
location and within the same building envelope as an existing dwelling
unit or accessory structure, may continue to observe the same setbacks
as the existing dwelling unit or accessory structure and they shall not
be subject to the setback requirements in Section 141.0302(b)(9).

(6) Fire Sprinklers.

(A) An ADU or JADU shall not be required to provide automatic
fire sprinklers if they are not required for the primary dwelling
unit.

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(B) An ADU or JADU shall be required to provide an automatic fire sprinkler system when located on a premises where the primary dwelling unit is protected with an automatic fire sprinkler system in accordance with the California Building Standards Code.

(C) The construction of a detached ADU shall not trigger a
requirement for automatic fire sprinklers to be installed in the
existing primary dwelling unit or multiple dwelling unit unless
required in accordance with the California Building Standards
Code.

(7) Within the Coastal Overlay Zone.

(A) An existing structure may only be converted or reconstructed
as an ADU or JADU if the structure conforms to all the
following regulations:

(i) The wetland regulations in Section 143.0141(b);

(ii) The sensitive coastal bluffs regulations in
Section 143.0143;

(iii) The coastal beaches regulations in Section 143.0144;
and

(iv) The Supplemental Regulations of the Coastal Overlay
Zone in Section 132.0403.

(B) ADUs or JADUs constructed within areas of future sea level
rise shall comply with the regulations in Section 132.0404.

(C) ADUs or JADUs shall comply with all the following
regulations:

(i) The wetland regulations in Section 143.0141(b);

(ii) The sensitive coastal bluffs regulations in
Section 143.0143;

(iii) The coastal beaches regulations in Section 143.0144;
and

(iv) The Supplemental Regulations of the Coastal Overlay
Zone in Section 132.0403.

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(8) An ADU shall not be used for a rental term of less than 31 consecutive
days. JADUs are not subject to rental term limitations.

(b) ADU Development Regulations.

(1) On a premises with an existing or proposed single dwelling unit, the following is permitted:

(A) One ADU that is within an existing or proposed single dwelling
unit or within an existing accessory structure, subject to the
following:

(i) Construction of the ADU may expand the gross floor
area of an existing accessory structure up to 150 square
feet to only allow for ingress and egress; and

(ii) The ADU shall have a separate exterior entry from the
single dwelling unit.

(B) One attached or detached ADU.

(2) The maximum number of ADUs on a premises with a proposed
multiple dwelling unit structure shall not exceed two detached ADUs.

(3) On a premises with an existing multiple dwelling unit structure, the
following applies:

(A) The maximum number of ADUs that may be permitted within
the existing non-livable space of an existing multiple dwelling
unit structure shall not exceed 25 percent of the total number of
multiple dwelling units in the structure. The minimum number
of ADUs that may be permitted within the non-livable space of
the existing structure is one. For example, non-livable space
includes, but is not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages; and

(B) A maximum of eight detached ADUs may be permitted on the
premises, provided that the number of detached ADUs shall not
exceed the number of existing multiple dwelling units in the
multiple dwelling unit structure.

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(4) In accordance with Government Code section 66321(b)(3), one attached or detached ADU with a gross floor area of 800 square feet or less may be permitted in accordance with Sections 141.0302(a)(1)-(a)(3), provided that the development results in no more than one attached or detached ADU on the premises. The ADU shall not be subject to maximum lot coverage, maximum floor area ratio, a front yard setback, and minimum open space requirements of the underlying base zone.

(5) Lot Size. A minimum lot size is not required for the construction of an
ADU.

(6) Density. ADUs are not subject to the density limitations of the base
zone for the premises.

(7) Gross Floor Area.

(A) The gross floor area of an ADU shall not be less than
150 square feet.

(B) The gross floor area of an attached or detached ADU shall not
exceed 1,200 square feet.

(C) An ADU constructed within an existing or proposed single
dwelling unit structure shall not have a maximum gross floor
area requirement.

(D) An ADU constructed within an existing accessory structure on
a single dwelling unit lot shall not have a maximum gross floor
area requirement and may construct an additional 150 square
feet to only allow for ingress and egress.

(E) ADUs constructed within an existing multiple dwelling unit
structure shall not have a maximum gross floor area
requirement.

(F) The gross floor area of an ADU shall be included in the floor
area ratio for the premises.

(8) Height.

(A) On lots that permit single dwelling unit development but not
multiple dwelling unit development, detached ADU structures
shall not exceed two stories.

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(B) On lots that permit single dwelling unit development but not
multiple dwelling unit development, ADUs attached to an
existing accessory structure shall not exceed two stories.

(C) ADUs shall comply with the overall maximum structure height of the underlying base zone and overlay zone.

(9) Setbacks.

(A) The front yard setback of an ADU shall be consistent with the
base zone.

(B) The minimum street side yard setback of an ADU shall be
4 feet or the minimum street side yard setback of the base
zone, whichever is less.

(C) Interior side yard and rear yard setbacks for ADU structures
with a structure height of 16 feet or less shall be provided as
follows:

(i) For ADU structures located on a premises outside of a
High or Very High Fire Hazard Severity Zone, there is
no minimum interior side yard and rear yard setbacks,
except that the Fire Code Official may require a greater
setback to ensure compliance with the California Fire
Code, California Code of Regulations (CCR), Title 14,
Section 1276.01, and the International Fire Code (IFC),
including section 504.1.

(ii) For ADU structures located on a premises within a
High or Very High Fire Hazard Severity Zone, the
minimum interior side yard and rear yard setbacks shall
be 4 feet to provide defensible space between all
structures on the premises and contiguous areas of
native or naturalized vegetation, except that the Fire
Code Official may require a greater setback to ensure
compliance with the California Fire Code, California
Code of Regulations (CCR), Title 14, Section 1276.01,
and the International Fire Code (IFC), including
section 504.1.

(D) Interior side yard and rear yard setbacks for ADU structures
with a structure height that exceeds 16 feet shall be provided
as follows:

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(i) For ADU structures located on a premises outside of a High or Very High Fire Hazard Severity Zone, there is no minimum interior side yard and rear yard setbacks, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code. However, if the side or rear property line abuts another premises that is residentially zoned or developed with exclusively residential uses, the minimum interior side yard and rear yard setbacks shall be 4 feet or the minimum setback of the applicable base zone, whichever is less, except that the Fire Code Official may require a greater setback to ensure compliance with the California Fire Code, California Code of Regulations (CCR), Title 14, Section 1276.01, and the International Fire Code (IFC), including section 504.1.

(ii) For ADU structures located on a premises within a
High or Very High Fire Hazard Severity Zone, the
minimum interior side yard and rear yard setbacks shall
be 4 feet to provide defensible space between all
structures on the premises and any contiguous areas of
native or naturalized vegetation or as otherwise
required, except that the Fire Code Official may require
a greater setback to ensure compliance with the
California Fire Code, California Code of Regulations
(CCR), Title 14, Section 1276.01, and the International
Fire Code (IFC), including section 504.1.

(10) Parking.

(A) No on-street parking spaces or off-street parking spaces are
required for ADUs, except as specified in Section
141.0302(b)(10)(B).

(B) When an ADU is proposed on a premises located both within the Beach Impact Area of the Parking Impact Overlay Zone and outside of a transit priority area, one off-street parking space located consistent with Section 141.0302(b)(10)(D) shall be required per ADU, unless any of the following apply:

(i) The ADU is 500 square feet or less;

(ii) The premises is located within a historical district that
is a designated historical resource;

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(iii) The ADU is attached to the proposed or existing
primary dwelling unit or accessory structure;

(iv) The premises is located within a residential permit
parking district; or

(v) There is a car share vehicle located within one block of
the premises.

(C) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU, or
converted to an ADU, replacement of those off-street parking
spaces is not required unless the premises is located within the
Beach Impact Area of the Parking Impact Overlay Zone and
outside of the transit priority area, in which case parking shall
be replaced in a location consistent with Section
141.0302(b)(10)(D).

(D) When an uncovered parking space is demolished in
conjunction with the construction of an ADU, or converted to
an ADU, replacement of those off-street parking spaces is not
required.

(E) If off-street parking spaces are required in accordance with
Section 141.0302(b)(10)(B) or 141.0302(b)(10)(C), or if the
applicant chooses to provide off-street parking spaces for
ADUs located on the premises, the following applies:

(i) Off-street parking spaces may be located within the
setback areas, and may include tandem spaces or
mechanical lifts; and

(ii) Off-street parking spaces shall be located within hardscape areas and shall comply with the minimum standards and guidelines to provide safe and efficient means of vehicular access to the lot. Off-street parking spaces may not encroach into the public right-of-way.

(F) Notwithstanding Section 141.0302(a)(4), if the construction of
an ADU causes an existing driveway curb cut to no longer
comply with the minimum off-street parking spaces
dimensions required in Table 142-05K of Section 142.0560,
the driveway shall be closed to the satisfaction of the City
Engineer.

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(11) The record owner is not required to live on the same premises of an
ADU.

(c) Development Regulations for JADUs.

(1) On a premises with an existing or proposed single dwelling unit, one
JADU is permitted, subject to the following:

(A) The JADU shall be within an existing or proposed single
dwelling unit or attached garage;

(B) Construction of the JADU may expand the floor area of the
existing single dwelling unit up to 150 square feet to only
allow for ingress and egress;

(C) The JADU shall have a separate exterior entry from the
existing or proposed single dwelling unit;

(D) The JADU may not be sold or conveyed separately from the
primary dwelling unit;

(E) The record owner of the primary dwelling unit shall reside in
the single dwelling unit or JADU; and

(F) Before a Building Permit may be issued for a JADU, the
record owner shall enter into an agreement with the City in a
form that is approved by the City Attorney that includes the
following provisions:

(i) The JADU may not be sold or conveyed separately
from the primary dwelling unit;

(ii) The agreement may be enforced against future purchasers;

(iii) The record owner shall reside on the premises;

(iv) The agreement shall be recorded in the Office of the
County Recorder of San Diego County; and

(v) The agreement shall run with the land for the life of the
JADU.

(G) Government agencies, land trusts, and qualified housing
organizations are exempt from Section 141.0302(c)(1)(E) and
Section 141.0302(c)(1)(F).

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(2) Lot Size. JADUs are not subject to a minimum lot size.

(3) Density. JADUs are not subject to the density limitations for the
premises.

(4) Gross Floor Area.

(A) The gross floor area of a JADU shall not be included in the
floor area ratio for the premises.

(B) A JADU shall not be less than 150 square feet and shall not
exceed 500 square feet within an existing or proposed single
dwelling unit.

(5) Exterior Entry. A JADU shall have a separate exterior entry from the
primary dwelling unit.

(6) Kitchen. A JADU shall include the following:

(A) A cooking facility with appliances;

(B) A food preparation counter of a reasonable size in relation to
the size of the JADU; and

(C) Storage cabinets that are of a reasonable size in relation to the
size of the JADU.

(7) Parking.

(A) No on-street parking spaces or off-street parking spaces are
required for a JADU.

(B) When an attached garage is converted to a JADU, replacement
of those off-street parking spaces is not required unless the
premises is located within the Beach Impact Area of the
Parking Impact Overlay Zone and outside of a transit priority
area, in which case parking shall be replaced in a location
consistent with Section 141.0302(c)(7)(C).

(C) If off-street parking spaces are required in accordance with
Section 141.0302(c)(7)(B) or if the applicant chooses to
provide off-street parking spaces for JADUs located on the
premises, the following applies:

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(i) Off-street parking spaces may be located within the
setback areas, and may include tandem spaces or
mechanical lifts; and

(ii) Off-street parking spaces shall be located within
hardscape areas and shall comply with the minimum
standards and guidelines to provide safe and efficient
means of vehicular access to the lot. Off-street parking
spaces may not encroach into the public right-of-way.

(D) Notwithstanding Section 141.0302(a)(4), if the construction of
a JADU causes an existing driveway curb cut to no longer
comply with the minimum off-street parking space dimensions
required in Table 142-05K of Section 142.0560, the driveway
shall be closed to the satisfaction of the City Engineer.

(d) ADU Home Density Bonus. In addition to the ADUs and JADUs permitted
under Sections 141.0302(b) and 141.0302(c), additional bonus ADUs and
affordable ADUs shall be permitted subject to the following:

(1) Location Requirements.

(A) The portion of the premises proposed for development may not
be within the following base zones: RS-1-1, RS-1-2, RS-1-3,
RS-1-4, RS-1-8, RS-1-9, RS-1-10, or RS-1-11, unless the
following apply:

(i) The premises is in an area identified as a High or Highest California Tax Credit Allocation Committee (CTCAC) Opportunity Area when the development application is deemed complete; and

(ii) The premises is identified as Residential in a land use
plan.

(B) On a premises within the Sustainable Development Area, one
additional bonus ADU shall be permitted for every additional
affordable ADU.

(C) On a premises outside of the Sustainable Development Area, a
maximum of one bonus ADU and one affordable ADU shall be
permitted.

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(D) When a premises is located in more than one base zone, only
the portion of the premises that meets the requirements
of Section 141.0302(d)(1)(A) shall be eligible for bonus ADUs
and affordable ADUs as specified in Sections
141.0302(d)(1)(B) or 141.0302(d)(1)(C).

(2) Lot Requirements.

(A) Within High and Very High Fire Hazard Severity Zones, the
applicant shall demonstrate that the lot fronts an improved
public street with at least two evacuation routes to the
satisfaction of the Fire Code Official; and

(B) Within High and Very High Fire Hazard Severity Zones, the
lot shall not front a cul-de-sac or be located on a premises that
only has one point of ingress or egress.

(3) Floor Area Ratio.

(A) Within a base zone that permits single dwelling unit
developments but not multiple dwelling unit developments, the
maximum floor area ratio shall be determined as follows:

(i) Where the lot contains environmentally sensitive lands,
the maximum permitted floor area ratio shall be
determined using only the area of the lot that does not
contain environmentally sensitive lands;

(ii) In no case shall the maximum permitted floor area ratio be determined using more than 8,000 square feet for the lot area; and

(iii) For the RS-1-1, RS-1-2, RS-1-3, RS-1-4, RS-1-5,
RS-1-6, RS-1-7 base zones, the applicable floor area
ratio shall be determined in accordance with Table 131-
04J using the adjusted lot area as described in Sections
141.0302(d)(3)(A)(i) and 141.0302(d)(3)(A)(ii).

(B) Within a base zone that permits multiple dwelling unit
developments where the lot contains environmentally sensitive
lands, the maximum permitted floor area ratio shall be
determined by using the area of the lot that does not contain
environmentally sensitive lands.

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(4) Total Maximum number of permitted ADUs and JADUs on single
dwelling unit lots. The total maximum number of ADUs and JADUs
that may be permitted on a lot within a base zone that permits single
dwelling unit development but not multiple dwelling unit development,
shall be based on the lot area in accordance with Table 141-03A. If the
lot contains environmentally sensitive lands, the lot area shall be
determined using the area of the lot that does not contain
environmentally sensitive lands.

Table 141-03A
Maximum Number of Permitted ADUs and JADUs on
Single Dwelling Unit Lots

1 The maximum number of ADUs and JADUs is inclusive of the total number
of ADUs and JADUs that are permitted in accordance with
Section 141.0302.

(5) Fire Sprinklers. All affordable ADUs and bonus ADUs in the
development shall include an automatic fire sprinkler system in
accordance with the California Building Standards Code.

(6) Minimum Required Off-Street Parking Spaces. One off-street parking space shall be required for each affordable ADU and bonus ADU located outside of a transit priority area.

(7) Landscape Requirements. Two trees shall be provided on the premises
for every 5,000 square feet of lot area, with a minimum of one tree per
premises. If planting of a new tree is required to comply with this
Section, the tree shall be selected in accordance with the Landscape
Standards of the Land Development Manual and the City’s Street Tree
Selection Guide. If the premises is located in the OR Zone, the lot area
used to determine the tree requirement shall be based on the allowable
development area as described in Section 131.0250. If the premises
contains environmentally sensitive lands, the lot area used to
determine the tree requirement shall be based on the allowable
development area as described in Chapter 14, Article 3, Division 1.

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(8) ADU Home Density Bonus Agreement. The affordable ADUs shall be
guaranteed through a written agreement and a deed of trust securing
the agreement, entered into by the applicant and President and Chief
Executive Officer of the San Diego Housing Commission, or their
designee, prior to the issuance of a Building Permit for the first
affordable ADU or bonus ADU, whichever occurs first, that meets the
following requirements:

(A) A rental affordable ADU home density bonus agreement shall
utilize the following qualifying criteria:

(i) Very Low Income ADU Home Density Bonus. One
additional bonus ADU shall be permitted for every
affordable ADU on the premises that is set aside as
affordable to very low income households for a period
of not less than 10 years at a rent that does not exceed
30 percent of 50 percent of the area median income as
adjusted for household size;

(ii) Low Income ADU Home Density Bonus. One additional
bonus ADU shall be permitted for every affordable
ADU on the premises that is set aside as affordable to
low income households for a period of not less than
10 years at a rent that does not exceed 30 percent of 60
percent of the area median income as adjusted for
household size;

(iii) Moderate Income ADU Home Density Bonus. One
additional bonus ADU shall be permitted for every
affordable ADU on the premises that is set aside as
affordable to moderate income households for a period
of not less than 15 years at a rent that does not exceed
30 percent of 110 percent of the area median income as
adjusted for household size; and

(iv) The very low income, low income, and moderate
income affordable ADUs shall be comparable in
bedroom mix and amenities to the bonus ADUs in the
development.

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(B) Violations. If the terms of the rental affordable ADU home
density bonus agreement are violated by the applicant, the
applicant shall be liable for a minimum penalty of $10,000 per
ADU per month, in addition to any fines outlined in the rental
affordable ADU home density bonus agreement with the San
Diego Housing Commission.

(9) ADU Home Density Bonus Program Community Enhancement Fee.
The applicant shall pay an ADU Home Density Bonus Program
Community Enhancement Fee as established by San Diego
Resolution, calculated based on the gross floor area of the affordable
ADUs and bonus ADUs, except that the gross floor area of any
affordable ADUs that meet all the following shall not be included in
the calculation:

(A) The affordable ADU is deed restricted to very low income or
low income households in accordance with Section
141.0302(d)(8)(A)(i) or 141.0302(d)(8)(A)(ii); and

(B) The premises is located in an area identified as a High or Very
High Resource California Tax Credit Allocation Committee
(CTCAC) Opportunity Area when the development application
is deemed complete.

(e) ADU Bonus for Accessible ADUs. For development utilizing the ADU Home
Density Bonus Program in accordance with Section 141.0302(d), a maximum
of one additional accessible ADU shall be permitted if the development
includes:

(1) At least two ADUs that are affordable to very low income, low income,
or moderate income households; and

(2) The accessible ADU meets the following:

(A) Accessibility requirements in Chapter 11A of the California
Building Code, including at least one accessible bathroom, one
accessible kitchen, and one accessible bedroom;

(B) The accessible ADU shall be located on an accessible route, as
defined by the California Building Code; and

(C) The accessible ADU shall be comparable in bedroom mix and
amenities to the bonus ADUs in the development.

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(f) Sale or Conveyance of ADUs. New or existing ADUs may be converted into condominiums and shall be sold or otherwise conveyed separately from the primary residence in accordance with this Section or pursuant to Section 141.0302(g) and subject to all the following:

(1) All structures and buildings included as part of a condominium
development shall conform to the requirements applicable to the base
zone or planned district in which the development is located.
Designation of individual condominium units shall not be deemed to
reduce or eliminate any of the base zone or planned district
requirements applicable to the buildings or structures. Unless
otherwise allowed for ADUs pursuant to Section 141.0302(b);

(A) The condominium subdivision shall be created pursuant to the
Davis-Stirling Common Interest Development Act
(Part 5 (commencing with section 4000) of Division 4 of the
California Civil Code);

(B) The condominium subdivision shall be created in conformance
with the Subdivision Map Act (Division 2 (commencing with
California Government Code section 66410));

(C) Neither a subdivision map nor a condominium plan shall be
recorded without each lienholder’s written consent. The
following shall apply to the consent of a lienholder:

(i) A lienholder may refuse to give written consent; or

(ii) A lienholder may consent provided that any terms and
conditions required by the lienholder are satisfied;

(D) Prior to recordation of the initial or any subsequent
modifications to the condominium plan, written evidence of
the lienholder’s consent shall be provided to the Office of the
County Recorder of San Diego County along with a signed
statement from each lienholder that states the following:
“(Name of lienholder) hereby consents to the recording of this
condominium plan in their sole and absolute discretion and the
borrower has or will satisfy any additional terms and
conditions the lienholder may have.”;

(E) The lienholder’s written consent shall be included on the
condominium plan, or attached to the condominium plan that
includes the following information:

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(i) The lienholder’s signature;

(ii) The name of the record owner or ground lessee;

(iii) The legal description of the real property;

(iv) The identities of all parties with an interest in the real
property as reflected in the real property records; and

(v) The lienholder’s written consent shall be recorded in
the Office of the County Recorder of San Diego
County.

(2) The condominium development shall be subject to the Subdivision
requirements in Chapter 12, Article 5.

(3) The condominium development shall be subject to the Condominium
Conversion Regulations in Chapter 14, Article 4, Division 5 if any of
the ADUs in the development were occupied.

(4) If an ADU is established as a condominium, the applicant shall notify
providers of utilities, including water, sewer, gas, and electricity, of
the condominium creation and separate conveyance.

(5) The condominium development shall be located on a single parcel or
lot that was previously mapped and monumented in a manner
satisfactory to the City Engineer in accordance with Subdivision Map
Act Section 66428(b).

(6) For a minimum period of 30 days from the date an ADU that is established as a condominium is first listed for sale, the record owner shall offer the ADU through at least two publicly accessible real estate websites or databases with a disclosure stating that the ADU is being offered for at least 30 days to buyers intending to use the ADU as their primary residence.

(7) ADUs that have received financing or other forms of assistance from
the San Diego Housing Commission shall not be converted into
condominiums and shall not be sold or otherwise conveyed separately
from the primary residence during the term specified in the deed
restriction agreement.

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(8) Rental ADUs that are rent restricted by law or covenant to persons and
families of very low income, low income, or moderate income shall not
be converted into condominiums and shall not be sold or otherwise
conveyed separately from the primary residence for the duration of the
deed restriction or affordability covenant term.

(g) Sale or Conveyance of an ADU by a nonprofit corporation.

(1) An ADU may be sold or conveyed separately from the primary
dwelling unit by a qualified nonprofit corporation.

(2) For the purpose of Section 141.0302(g), a qualified nonprofit
corporation means a nonprofit corporation organized pursuant to
Section 501(c)(3) of the Internal Revenue Code that has received a
welfare exemption under the California Revenue and Taxation Code
section 214.15 for properties intended to be sold to low-income
families who participate in a special no-interest loan program.

(3) For an ADU to be sold or conveyed separately from the primary
dwelling unit by a qualified nonprofit corporation, the following shall
apply:

(A) There is an enforceable restriction on the use of the premises
on which the ADU is located pursuant to a recorded agreement
between the qualified buyer and the qualified nonprofit
corporation. For the purposes of Section 141.0302(g)(3)(A), a
qualified buyer means very low income, low income, median
income, or moderate income households, as specified below:

(i) Very low income ADUs 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 ADU;

(ii) Low income ADUs 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 ADU;

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(iii) Moderate income ADUs shall be affordable to
moderate income households at a housing cost that
does not exceed 35 of 110 percent of the area median
income, as adjusted for household size, appropriate for
the ADU.

(B) The lot where the ADU is located is held pursuant to a recorded
tenancy in common agreement that includes:

(i) An allocation to each qualified buyer of an undivided,
unequal interest in the lot based on the size of the ADU
each qualified buyer occupies;

(ii) A repurchase option that requires the qualified buyer to
first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the
property;

(iii) A requirement that the qualified buyer occupy the
property as the qualified buyer’s principal residence;
and

(iv) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for very low income, low income, median income, or moderate income households for 45 years for owner- occupied housing and will be sold or resold to a qualified buyer.

(C) A grant deed naming the grantor, grantee, and describing the
property interests being transferred shall be recorded in the
Office of the Recorder in San Diego County.

(D) A Preliminary Change of Ownership Report shall be filed
concurrently with the grant deed pursuant to the California
Revenue and Taxation Code section 480.3.

(E) If requested by a utility providing service to the primary
residence, the ADU has a separate water, sewer, or electrical
connection to that utility.
(“Accessory Dwelling Units and Junior Accessory Dwelling Units” added
10-30-2020 by O-21254 N.S.; effective 11-29-2020. Former Section 141.0302
“Companion Units, Junior Units, and Movable Tiny Houses” repealed.)

Ch. Art. Div. 14 1 3 18

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

(Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.)
(Amended 6-3-2022 by O-21461 N.S.; effective 8-26-2022.)
(Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.)
(Note: Please see City Attorney memo attached to Ordinance O-21477 regarding
Section 141.0302.)

(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(Retitled from “Accessory Dwelling Units and Junior Accessory Dwelling Units” to
“Accessory Dwelling Units and Junior Accessory Dwelling Units” and amended
1-16-2024 by O-21758 N.S.; effective 3-16-2024.)
(Amended 8-5-2024 by O-21843 N.S.; effective 9-12-2024.)
(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 ]

(Retitled from “Accessory Dwelling Units and Junior Accessory Dwelling Units” to
“Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)”
and amended 7-23-2025 by O-21989 N.S.; effective 8-22-2025.)

[Editors Note: Amendments as adopted by O-21989 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-21989-SO.pdf ]

Ch. Art. Div.
14 1 3 19

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

Continuing Care Retirement Communities (CCRCs) are licensed by the state as both a Residential Care Facility for the Elderly and a Skilled Nursing Facility, regulated under the California Health and Safety Code, and overseen by the California Department of Social Services. They provide residents with multiple living environments based on the changing level of care required by the resident. The communities typically provide independent living dwelling units, assisted living dwelling units, and convalescent and memory care rooms. A CCRC is a distinct residential use and should not be considered a sum of separate, multiple uses when determining compliance with permitted land uses.

CCRCs may be permitted with a Conditional Use Permit decided in accordance with
Process Three, in the zones indicated with a “C” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones), or as a limited use in zones indicated with an “L”
in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the
following regulations.

(a) CCRCs are not permitted in agricultural zones in Proposition A Lands.

(b) Convalescent and memory care rooms shall, at a minimum, comply with
California Code of Regulations Title 22, Division 6, Chapter 8 (Residential
Care Facilities for the Elderly).

(c) Parking areas shall be lighted for the safety of tenants. Lighting shall be of a
design that deters vandalism. The location, type, and size of the proposed
lighting fixtures shall be specified on the development permit application.

(d) CCRCs shall be subject to the landscape regulations for commercial
development in Table 142-04A.

(e) As a distinct, separately regulated residential use, CCRCs are not subject to
the density limitations of the applicable community plan and underlying base
zone.
(“Continuing Care Retirement Communities” added 8-4-2016 by O-20704 N.S.;
effective 8-27-2016. Former Section 141.0303 “Employee Housing” renumbered to
Section 141.0304.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)

Ch. Art. Div. 14 1 3 20

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

Employee housing is housing provided for agricultural workers in accordance with the California Health and Safety Code, Employee Housing Act. Employee housing does not include housing for persons engaged in household domestic service. Employee housing is permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the regulations in Section 141.0304(a). Employee housing may be permitted with a Neighborhood Use Permit or a Conditional Use Permit in the zones indicated with an “N” or a “C,” respectively, in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the regulations in Section 141.0304(b).

(a) Limited Use Regulations

(1) Employee housing for 6 or fewer persons is permitted subject to the
following regulations.

(A) The employee housing shall be qualified for a permit to operate
under Health and Safety Code Section 17030.

(B) Employee housing is permitted for no more than 6 persons
including family members.

(C) Employees and their families shall be housed within the single
dwelling unit on the premises, or in a separate structure on the
premises that is not a dwelling unit.

(D) Off-street parking shall be provided at a rate of 1 space for
every 2 employees.

(2) Employee housing for 12 or fewer employees is permitted subject to
the following regulations.

(A) The employee housing shall be qualified for a permit to operate
under Health and Safety Code Section 17030.

(B) Employee housing is permitted for up to 12 employees, plus
any family members.

(C) Agricultural employees may be employed off-site. All other
employees must be employed on the premises containing the
employee housing.

Ch. Art. Div.
14 1 3 21

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

(D) Only one structure for employee housing may be permitted on
the premises.

(E) The employee housing is permitted in a separate structure on
the premises that is not a dwelling unit.

(F) Off-street parking shall be provided at a rate of 1 space for every 2 employees.

(b) Neighborhood Use Permit and Conditional Use Permit Regulations

(1) Employee housing may be permitted for more than 12 employees, plus
any family members.

(2) A minimum lot size of 10 acres is required for employee housing for
more than 12 employees.

(3) Agricultural employees may be employed off-site. All other
employees must be employed on the premises containing the
employee housing.

(4) Only one structure for employee housing may be provided for every
10 acres of lot area.

(5) The structure for employee housing is permitted in addition to a single
dwelling unit on the same premises and is subject to all development
regulations of the base zone.

(6) Off-street parking shall be provided at a rate of 1 space for every 2
employees.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.)
(“Employee Housing” renumbered from former Section 141.0303 and amended
8-4-2016 by O-20704 N.S.; effective 8-27-2016.)

Ch. Art. Div. 14 1 3 22

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

Fraternity houses and sorority houses are facilities that are designed or used as a residence for students that are members of an organized university or college fraternity or sorority and enrolled at a college or university accredited by the Western Association of Schools and Colleges: Senior College and University Commission or the Accrediting Commission for Community and Junior Colleges. Fraternity houses and sorority houses may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Fraternity houses and sorority houses may be permitted only in the following
locations:

(1) Within an area specifically designated for these facilities by the
applicable land use plan, or

(2) When the applicable land use plan does not contain a designated area,
such facilities may be located within a 1-mile radius of the boundary
of a college or university campus, in any of the following zones: RM-
3-7, RM-3-8, RM-3-9, RM-4-10, and RM-4-11.

(b) If the fraternity house or sorority house is not located on a college or
university campus, off-street parking shall be provided as follows:

(1) At a rate of 1 parking space for each resident if the fraternity house or
sorority house is located outside of a transit priority area, or

(2) Through a parking agreement between the college or university with
which the fraternity house or sorority house is affiliated and the
applicant, which will allow the applicant to use college or university
parking facilities to meet the parking requirement.

(c) A resident manager is required to live on the premises.

(d) The fraternity house or sorority house must be officially recognized by the
college or university.

Ch. Art. Div.
14 1 3 23

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

(e) The frequency and duration of organized outdoor activities and social events shall be limited as needed to minimize adverse impacts on neighboring development. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (“Fraternity Houses, Sorority Houses, and Student Dormitories” renumbered from former Section 141.0304 on 8-4-2016 by O-20704 N.S.; effective 8-27-2016.) (Retitled from “Fraternity Houses, Sorority Houses, and Student Dormitories” to “Fraternity Houses and Sorority Houses” and amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

Garage, yard, and estate sales are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Garage, yard, and estate sales are permitted only as an accessory use to a
permitted dwelling unit.

(b) The number of sales per premises shall not exceed three per year.

(c) Each sale shall not exceed two consecutive calendar days.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(“Garage, Yard, and Estate Sales” renumbered from former Section 141.0305 on
8-4-2016 by O-20704 N.S.; effective 8-27-2016.)

Guest quarters or habitable accessory buildings are attached or detached accessory living quarters developed of habitable construction, and located on a lot with a single dwelling unit that do not provide complete, independent living facilities and do not have direct access to the primary dwelling unit. Guest quarters or habitable accessory buildings are solely for the use of the occupants of the primary dwelling unit or their guests or employees.

Guest quarters or habitable accessory buildings may be permitted accessory to a single dwelling unit as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

Ch. Art. Div. 14 1 3 24

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

(a) A primary dwelling unit must exist on the premises. Concurrent construction
of the primary dwelling unit and the guest quarters or habitable accessory
building is permitted.

(b) Guest quarters or habitable accessory buildings may occupy a maximum of 25
percent of the allowable gross floor area of the premises.

(c) Guest quarters or habitable accessory buildings may be attached to or
detached from the primary dwelling unit on the premises.

(d) The gross floor area of the guest quarters or habitable accessory buildings
shall be included in the floor area ratio calculation for the premises.

(e) The guest quarters or habitable accessory buildings shall not contain a kitchen
or facilities for the storage and preparation of food. A bar sink and miniature
refrigerator may be permitted.

(f) For guest quarters or habitable accessory buildings located above a garage or
other accessory building, the maximum structure height for flat-roofed
structures is 21 feet. For sloped-roofed structures with a roof pitch of at least
3:12 (3 vertical feet to 12 horizontal feet), the maximum structure height is
30 feet.

(g) Decks and staircases of not more than 3 feet in height may encroach into
required yards.

(h) Roof decks, including railings, shall not exceed the height limits in
Section 141.0307(f).

(i) Occupancy of a premises containing guest quarters or habitable accessory
buildings shall be subject to the following:

(1) Guest quarters or habitable accessory buildings shall not be rented,
leased, or sold as a separate dwelling unit.

(2) Before a Building Permit is issued for a guest quarters or habitable accessory building, the record owner shall submit a signed agreement with the City that neither the primary dwelling unit nor the guest quarters or habitable accessory building shall be sold or conveyed separately. The City will provide the agreement to the County Recorder for recordation.

Ch. Art. Div.
14 1 3 25

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

(3) Guest quarters or habitable accessory buildings shall be used solely by
the occupants of the primary dwelling unit, their guests, or their
employees.
(Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.)
(Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.)
(Retitled from “Guest Quarters” to “Guest Quarters or Habitable Accessory
Buildings” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(“Guest Quarters or Habitable Accessory Buildings” renumbered from former
Section 141.0306 and amended 8-4-2016 by O-20704 N.S.; effective 8-27-2016.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)

Home occupations are businesses conducted by residents on the premises of their homes. Home occupations, including cottage food operations authorized pursuant to California Government Code section 51035, are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations. An applicant may deviate from the requirements in Section 141.0308(k) through (n) by obtaining a Neighborhood Use Permit in accordance with Section 126.0203.

(a) Home occupations are permitted only as accessory uses to a residential use.

(b) Any products produced for sale must be manufactured by hand, grown on the
premises, or prepared within a kitchen that meets the standards for cottage
food operations in a dwelling unit in accordance with California Health and
Safety Code section 114365.

(c) The home occupation may reduce required off-street parking spaces by one
off-street parking space, so long as the reduction does not result in the
elimination of all off-street parking spaces.

(d) Signs advertising the home occupation are not permitted. Other advertising
shall not include the address of the premises.

(e) Home occupations, except for horticultural uses permitted in Chapter 13,
Article 1, Division 3 (Agricultural Base Zones) and Division 4 (Residential
Base Zones), shall be conducted within an enclosed structure on the premises.

(f) Materials or products associated with the home occupation on the premises
must be stored within an enclosed structure.

Ch. Art. Div. 14 1 3 26

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

(g) Indoor storage of materials or products associated with the home occupation
shall not exceed 1,000 cubic feet for the entire premises or any more
restrictive limitations imposed by the Building and Housing Codes or the
County Health Department.

(h) The operation of the home occupation shall be consistent with permitted
residential uses, shall not create any conditions that amount to a public
nuisance, and shall not be detrimental to the residential neighborhood by
causing increased noise, traffic, lighting, odor, or by violating any applicable
ordinances or laws.

(i) The resident of the premises shall not rent space to others in association with a
home occupation.

(j) Only a resident of the premises may engage in a home occupation on the
premises.

(k) Home occupations may have a maximum of one employee or partner on the premises between 7:00 a.m. and 7:00 p.m., Monday through Saturday. For the purpose of Section 141.0308(k) an employee does not include a resident of the home.

(l) Home occupations may have a maximum of one customer on the premises at
a time, by appointment only, between 7:00 a.m. and 7:00 p.m., Monday
through Saturday. Home occupations shall not host customers on the premises
more frequently than one customer within a 2-hour time period.

(m) Home occupations may have a maximum of one vendor on the premises at a
time between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home
occupations shall not host vendors on the premises more frequently than one
vendor within a 2-hour time period.

(n) A maximum of one vehicle for business-related purposes is permitted on-
street in the residentially zoned area and shall be parked in compliance with
the regulations in Section 86.0139 if applicable.

Ch. Art. Div.
14 1 3 27

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

(1) Business-related vehicles may not exceed a one-ton carrying capacity.

(2) Tow-trucks are not a permitted home occupation vehicle.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)
(Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)

Residential development within commercial zones is permitted only when a commercial structure exists on the premises or is a part of the proposed development. Residential use is restricted on the ground floor in accordance with Section 131.0540. The interim residential density shall not be counted towards the maximum allowable density of the underlying zone or land use plan. Interim ground floor residential may be permitted within existing commercial space in accordance with Process Two in the zones indicated with an “N” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations:

(a) The change of a development site from commercial to residential use shall be
in compliance with the California Building Code and California Fire Code for
the residential use at the time of the conversion.

(b) The Neighborhood Use Permit shall expire no later than 10 years from the
date of issuance.

(c) No additional parking is required for interim ground floor residential use.

(d) The decision maker shall make the findings in Section 126.0205(a)
and (c).

(e) Residential development permitted in accordance with this section is required
to pay Development Impact Fees in accordance with Section 142.0640(b)(7).
(“Interim Ground Floor Residential” added 8-9-2019 by O-21114 N.S.; effective
9-8-2019.)
(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.)

Ch. Art. Div. 14 1 3 28

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

Live/work quarters are studio spaces designed to integrate living space into the workspace and are primarily designed for industrial or commercial occupancy. The live/work quarters residential density shall not be counted towards the maximum allowable density of the underlying base zone or land use plan. Live/work quarters are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) The minimum floor area of a live/work quarters shall be 500 square feet.

(b) The minimum floor area used or arranged for non-residential purposes shall
be 100 square feet.

(c) Each live/work quarters shall be separated by walls from other live/work
quarters or other uses in the building.

(d) Access to the live/work quarters shall be provided only from common access
areas, halls, or corridors and shall not be from other live/work quarters or
other uses in the building.

(e) Access to each live/work quarters shall be clearly identified in order to
provide for emergency services.

(f) The non-residential use shall be managed by the resident.

(g) Live/work quarters shall not be used for classroom instructional use, storage
of flammable liquids or hazardous materials, welding or any open-flame
work.

(h) The required parking spaces for the non-residential use shall be in compliance
with Section 142.0560. The parking spaces shall not require designation for
residential or non-residential uses.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 9-18-2018 by O-20985 N.S.; effective 10-18-18.)
(Amended 3-11-2022 by O-21439 N.S.; effective 4-10-2022.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

Ch. Art. Div.
14 1 3 29

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 ]

Residential care facilities provide in-house treatment or rehabilitation programs for residents on a 24-hour basis. Residential care facilities include drug and alcohol rehabilitation and recovery facilities and residential and community care facilities as defined by the state or county.

Residential care facilities for 7 or more persons may be permitted as a limited use in
zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1
(Base Zones) subject to the regulations in Sections 141.0312(a)-(h). Residential care
facilities in zones designated with an “L” that are within 500 feet, measured by a
walking distance along a pedestrian path of travel from property line to property line,
from a school, playground, or child care facility may be permitted with a Conditional
Use Permit decided in accordance with Process Three. Residential care facilities in
zones designated with an “L” may be located on the same premises as a child care
facility or on a premises adjacent to a child care facility and shall not be required to
obtain a Conditional Use Permit if the residential care facility and child care facility
are operated by the same permit holder.

Residential care facilities for 7 or more persons may be permitted with a Conditional
Use Permit decided in accordance with Process Three, in the zones indicated with a
“C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to
the regulations in Sections 141.0312(a)-(h).

(a) Residential care facilities are not permitted in agricultural zones in
Proposition A Lands.

(b) Residential care facilities are not permitted within 500 feet of another residential
care facility, measured from property line to property line in accordance with
Section 113.0225.

(c) The facility shall provide at least 70 square feet of sleeping space for each
resident, not including closet or storage space, multipurpose rooms,
bathrooms, dining rooms, and halls.

Ch. Art. Div. 14 1 3 30

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

(d) Sleeping areas shall not be used as a public or general passageway to another
room, bath, or toilet.

(e) The facility shall provide at least 5 square feet of living area per bed, not
including sleeping space, dining, and kitchen areas.

(f) The facility shall provide at least 8 square feet of storage area (closet or
drawers) per bed.

(g) The facility shall provide one full bathroom including sink, toilet, and shower or bathtub for every seven beds.

(h) Conversion of an existing garage or reduction in the amount of off-street
parking to provide a residential care facility is not permitted.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000; amended 6-19-2000 by
O-18814 N.S.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
(Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)
(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 ]

Transitional housing facilities offer residential accommodations for a specified period of time, mental health support and counseling services, and other support services to prepare families and individuals for independent living. Transitional housing facilities do not include drug or alcohol in-house treatment or rehabilitation facilities, work furlough or probationary residential facilities, or emergency shelters.

Transitional housing facilities are permitted as a limited use in zones indicated with
an “L” and may be permitted with a Conditional Use Permit decided in accordance
with Process Five, in the zones indicated with a “C” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones) subject to the regulations below. Section
112.0509(b) requiring a Planning Commission recommendation for Process Five
applications shall not be applicable to transitional housing facilities.

Ch. Art. Div.
14 1 3 31

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

(a) Transitional housing is not permitted in agricultural zones in Proposition A
Lands.

(b) Only one transitional housing facility may be permitted per lot or premises.

(c) The facility shall provide at least 70 square feet of sleeping space for each
resident, not including closet or storage space, multipurpose rooms,
bathrooms, dining rooms, and halls.

(d) Sleeping areas shall not be used as a public or general passageway to another
room, bath, or toilet.

(e) The facility shall provide at least 5 square feet of living area per bed, not
including sleeping space, dining areas, and kitchen areas.

(f) The facility shall provide at least 8 square feet of storage area (closet or
drawers) per bed.

(g) The facility shall provide one full bathroom including sink, toilet, and shower
or bathtub for every seven beds.

(h) The name and emergency contact phone number of an operator or manager
shall be posted outside the facility in a location visible to the public from the
public right-of-way in character size at least two inches in height.

(i) On-site supervision of the premises shall be provided at all times. At least one
staff member shall be located on the premises 24 hours per day.

(j) The applicant shall provide the City with a Description of Services and Property Management Plan to the satisfaction of the City Manager. Should any change to the proposed Description of Services and Property Management Plan occur after project construction, the project owner or manager shall provide the City with an updated plan within 90 days of the change. The Description of Services and Property Management Plan shall include all of the following:

(1) Information regarding the supportive services that will be provided on-
site or off-site to those residing on the premises, including:

(A) A description of the services to be provided;

(B) The location where the services will be provided;

(C) The name of the person or entity that will provide the services;

Ch. Art. Div. 14 1 3 32

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

(D) The funding source for the services; and

(E) The number of employees.

(2) Information regarding how the property will be managed, including:

(A) A plan to minimize loitering in the vicinity of the facility; and

(B) A litter control plan to provide for the removal of litter in the
vicinity of the facility on a regular basis.
(Added 12-9-1997 by O-18451 N.S.; amended 9-29-1998 by O-18589 N.S.; effective
1-1-2000.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)

Watchkeeper’s quarters are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Watchkeeper’s quarters are permitted only as an accessory use to a use
allowed by the zone.

(b) Watchkeeper’s quarters are permitted only within a permanent structure.

(c) Watchkeeper’s quarters shall not exceed 1,200 square feet in gross floor area
and shall be included in the floor area ratio calculation for the premises.

(d) Watchkeeper’s quarters may include full living facilities, including a kitchen.

(e) Except where associated with storage yards or mini-warehouses,
watchkeeper’s quarters shall be attached to the rear of the primary structure
or, if detached, shall be located between the rear setback and the primary
structure.

(f) The residential density from watchkeeper’s quarters shall not be counted
towards the maximum allowable density of the underlying base zone or land
use plan.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

Ch. Art. Div.
14 1 3 33

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 ]

Permanent supportive housing is permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations:

(a) Permanent supportive housing units within the development shall have a
recorded affordability restriction for no less than 55 years.

(b) The name and emergency contact phone number of an operator or property
manager shall be posted on the premises in a location visible to the public
from the public right-of-way in character size at least two inches in height.

(c) On-site supervision of the premises shall be provided at all times. At least one
staff member of the operator or project manager shall be located on the
premises 24 hours per day.

(c) The applicant shall provide the City with a Description of Services and
Property Management Plan to the satisfaction of the City Manager. Should
any change to the proposed Description of Services and Property Management
Plan occur after project construction, the project owner or manager shall
provide the City with an updated plan within 90 days of the change. The
Description of Services and Property Management Plan shall include all of the
following:

(1) Information regarding the supportive services that will be provided on-
site or off-site to those residing on the premises, including:

(A) A description of the services to be provided;

(B) The location where the services will be provided;

(C) The name of the person or entity that will provide the services;

(D) The funding source for the services; and

(E) The number of employees.

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

(2) Information regarding how the property will be managed, including:

(A) A plan to minimize loitering in the vicinity of the facility; and

(B) A litter control plan to provide for the removal of litter in the
vicinity of the facility on a regular basis.
(“Permanent Supportive Housing” added 8-9-2019 by O-21114 N.S.; effective
9-8-2019.)

A low barrier navigation center means a Housing First, low-barrier, service enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” refers to best practices to reduce barriers to entry, including the presence of partners if it is not a population-specific site, pets, storage of possessions, and privacy.

A low barrier navigation center is permitted as a limited use in the zones indicated
with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones)
subject to the following requirements:

(a) The navigation center shall offer services to connect people to permanent
housing through a services plan that identifies services staffing.

(b) The navigation center shall be linked to the San Diego Coordinated Entry
System administered by the San Diego Regional Task Force on the Homeless
or a comparable coordinated entry system administered in accordance with
Section 576.400(d) or Section 578.7(a)(8) of Title 24 of the Code of Federal
Regulations, as applicable and in effect on January 1, 2020.

(c) The navigation center shall comply with Chapter 6.5 (commencing with
Section 8255) of Division 8 of the Welfare and Institutions Code.

(d) The navigation center shall have a system for entering information regarding
client stays, client demographics, client income, and exit destination through
the local Homeless Management Information System, as defined by
Section 578.3 of Title 24 of the Code of Federal Regulations.
(“Low Barrier Navigation Center” added 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)

Movable tiny houses are permitted as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and Chapter 15, Article 1, Division 4 (General and Supplemental Regulations), subject to the following regulations.

(a) Development Regulations

(1) A movable tiny house shall be:

(A) licensed and registered with the California Department of
Motor Vehicles; and

(B) exempt from parking regulations unless the movable
tiny house is located in the Beach Impact Area of the
Parking Impact Overlay Zone but outside of a transit
priority area, in which case one off-street parking
space shall be required if there is already an
Accessory Dwelling Unit or Junior Accessory
Dwelling Unit present on the same premises.

(2) A movable tiny house shall not:

(A) be larger than allowed by California state law for movement on
public highways;

(B) exceed one story;

(C) be able to move under its own power; or

(D) have a separate address from the primary dwelling unit.

(3) A movable tiny house shall be located:

(A) on a premises adjacent to a public right-of-way that is at least
20 feet wide. Exterior portions of a movable tiny house shall
not be located more than 150 feet from the public right-of-way.
A movable tiny house shall be accessed from the public right-
of-way by a path that is at least 5 feet wide;

(B) behind or to the side of the primary dwelling unit and not in
any front yard; and

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

(C) at a fire separation distance of at least 5 feet from an adjacent
lot line and at least 10 feet from any other structures on the
premises.

(4) A movable tiny house shall not be located within:

(A) a brush management zone established pursuant to
Section 142.0412; or

(B) the MHPA.

(5) When sited on a premises, the undercarriage, including wheels, axles, tongue, and hitch, shall be concealed from view. The wheels shall not be removed and shall sit with leveling or support jacks on a paving surface designed in accordance with Section 142.0560(h)(1).

(6) All mechanical equipment, including heating, ventilation, and air
conditioning, shall be incorporated into the structure and not located
on the roof.

(7) A movable tiny house shall be connected to water, sewer, and electric
utilities. Connections to natural gas are prohibited.

(8) A movable tiny house shall comply with the National Fire Protection
Association 1192 Standard on Recreational Vehicles or the American
National Standards Institute A119.5 Park Model Recreational Vehicle
Standard. A movable tiny house shall be certified by a recognized
national certification body as complying with one of these standards
and a certified label shall be placed on the movable tiny house to
demonstrate compliance.

(9) When located on a premises where the primary dwelling unit is
protected with an automatic fire sprinkler system in accordance with
Section R313 of the California Residential Code, a movable tiny house
shall be protected with an automatic fire sprinkler system.

(10) When located within the Very High Fire Hazard Severity Zone, as
established pursuant to Chapter 5, Article 5, Division 94, a movable
tiny house shall satisfy the following additional requirements:

Ch. Art. Div.
14 1 3 37

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

(A) A movable tiny house shall be protected with an automatic fire
sprinkler system in compliance with Section R313 of the
California Residential Code even if located on a premises
where the primary dwelling unit is not protected with an
automatic fire sprinkler system;

(B) Exterior walls shall be constructed with ignition-resistant
materials in compliance with Section R337 of the California
Residential Code; and

(C) Glazed openings, including skylights, shall comply with Section R337 of the California Residential Code.

(11) A movable tiny house shall be constructed to include the following
design elements:

(A) Cladding and Trim: Materials used on the exterior shall not be
single piece composite, laminates, or interlocked metal
sheathing;

(B) Windows and Doors: Windows shall be at least double pane
glass, labeled for building use, and include exterior trim.
Windows and doors shall not have radius corners;

(C) Roofs: Roofs shall be sloped to drain over the roof edge. At
least 50 percent of the roof area shall have a roof slope of 2:12
or more. Roof coverings shall comply with the Residential
Building Regulations in Chapter 14, Article 9, Division 9; and

(D) Living Area Extensions: The roof and all exterior walls shall
not be fixed with slide-outs, tip-outs, or other forms of
mechanically articulating room area extensions.

(12) Within the Coastal Overlay Zone, the following regulations apply to
movable tiny houses constructed outside of Special Flood Hazard
Areas and within an area of future sea level rise (with a 75-year
horizon) as determined by the City Manager based on the Sea Level
Rise Policy Guidance adopted by the California Coastal Commission,
as it applies to residential development:

(A) Hard shoreline armoring shall not be constructed to protect a
movable tiny house from the effects of coastal hazards,
including, but not limited to, sea level rise.

Ch. Art. Div. 14 1 3 38

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

(B) The record owner of the movable tiny house shall enter into an acknowledgement agreement with the City in a form that is approved by the City Attorney. The agreement shall include the following acknowledgements and provisions: (1) that the movable tiny house is located in an area of future sea level rise that may become hazardous in the future; (2) that sea level rise could render it difficult or impossible to provide services to the site; (3) that the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land; (4) that additional adaptation strategies may be required in the future to address sea level rise consistent with the Coastal Act and certified Local Coastal Program; (5) that the owner waives any rights under Coastal Act Section 30235 and related Local Coastal Program policies to hard shoreline armoring to protect the movable tiny house; and (6) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe.

(C) The record owner of the movable tiny house shall provide
notice to all occupants of the movable tiny house of the
acknowledgements and provisions specified in Section
141.0318(a)(12)(A) and (B).

(13) Moveable tiny houses constructed within Areas of Future Sea Level
Rise must comply with the regulations in Section 132.0404.

(b) One movable tiny house may be permitted per premises in addition to
Accessory Dwelling Units and Junior Accessory Dwelling Units permitted in
accordance with Section 141.0302, guest quarters, and non-habitable
structures.

(c) A movable tiny house shall not be used for a rental term of less than 30
consecutive days.
(“Movable Tiny Houses” added 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)
(Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

Ch. Art. Div.
14 1 3 39

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

Student Housing are facilities designed and used as a residence for students enrolled at a college or university accredited by the Western Association of Schools and Colleges: Senior College and University Commission or the Accrediting Commission for Community and Junior Colleges, including student dormitories and student apartments. Student housing is permitted as a limited use in the zones indicated with a “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations:

(a) Student housing may be permitted only in the following locations:

(1) Within an area specifically designated for these facilities by the
applicable land use plan, or

(2) If the applicable land use plan does not contain a designated area, such
facilities may be located within a 1-mile radius of the boundary of a
premise operated as a college or university campus accredited by the
Western Association of Schools and Colleges: Senior College and
University Commission or the Accrediting Commission for
Community and Junior Colleges, in any zone that allows multiple
dwelling unit development, or

(3) Within a Sustainable Development Area, in any zone that allows
multiple dwelling unit development.

(b) Automobile and Bicycle Parking Regulations

(1) Automobile off-street parking spaces shall comply with
Table 142-05C.

(2) Student housing located within a 1-mile radius of the boundary of a
premises operated as a college or university campus accredited by the
Western Association of Schools and Colleges: Senior College and
University Commission or the Accrediting Commission for
Community and Junior Colleges may meet the automobile off-street
parking space requirement through a parking agreement between the
applicant and the college or university. The parties involved shall
provide the parking agreement in the form acceptable and to the
satisfaction of the City Manager.

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

(3) Bicycle parking shall be located in enclosed and secure areas.

(c) Occupancy Regulations

(1) Student housing subject to this Division shall be occupied exclusively by undergraduate, graduate, or professional students enrolled full time at a college or university accredited by the Western Association of Schools and Colleges: Senior College and University Commission or the Accrediting Commission for Community and Junior Colleges.

(2) The enrollment of a student in a college or university accredited by the
Western Association of Schools and Colleges: Senior College and
University Commission or the Accrediting Commission for
Community and Junior Colleges shall be verified prior to occupancy
by documentation submitted by the student or by the student housing
operator on behalf of the student to the San Diego Housing
Commission.

(d) Onsite Management Regulations

(1) A resident manager is required to live on the student housing premises.

(2) At least one manager of the student housing operator shall be located
and accessible on the student housing premises 24 hours per day.

(e) Student Housing Amenity Regulations

(1) A minimum of 10 percent of the structures’ ground floor gross floor
area, excluding leasing or manager offices, shall be dedicated to
student amenities, including one or more of the following:

(A) Gyms,

(B) Community rooms,

(C) Shared resources for students such as computer labs, a shared
kitchen, or community gardens, or

(D) Shared facilities such as study rooms or co-study spaces.

(2) Student housing shall include onsite laundry facilities.

(“Student Housing” added 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)

Ch. Art. Div.
14 1 3 41

San Diego Municipal Code Chapter 14: General Regulations (2-2025)

Article 1: Separately Regulated Use Regulations