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San Joaquin County · Building on your lot

Affordable units in new housing (inclusionary) in San Joaquin County

San Joaquin County's own rules on affordable units in new housing (inclusionary), with the code text for every value.

Each rule below links to the section of the San Joaquin County Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What San Joaquin County's code says

San Joaquin County code What San Joaquin County's code adds
Exemptions
  • Density bonus units are exempt.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.5M · code text
    (b) Density Bonus Units;
  • Replacing an existing residential structure is exempt, up to the total livable area of the prior structure.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.5M · code text
    Projects involving the replacement of an existing residential structure but only up to the total livable area of the prior residential structure;
  • Remodeling projects are exempt.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.5M · code text
    (d) Remodeling projects;
  • Residential developments in pre-existing residential areas zoned AU-20 are exempt.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.5M · code text
    Residential developments in Pre-Existing Residential Areas in which the zoning is AU-20;
  • Second unit dwellings are exempt.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.5M · code text
    (f) Second unit dwellings.
  • Non-residential development is exempt.
    Applies: Exempt from the Mountain House Community affordable housing impact fee.
    § 9-1270.4M · code text
    Non-residential development shall not be subject to said fee.
Fee instead of units
  • A County-resolution impact fee with two parts: per dwelling unit square foot and per lot square foot.
    Applies: Mountain House Community only; an impact fee on new homes, not an option instead of building affordable units.
    § 9-1270.3M · code text
    The Affordable Housing Impact Fee shall consist of two (2) components: a fee per dwelling unit square foot and a fee per lot square foot.
  • Livable area of the unit times the applicable fee component, plus property square footage times the applicable fee component.
    Applies: Mountain House Community only; an impact fee on new homes, not an option instead of building affordable units; new construction.
    § 9-1270.3M · code text
    For new construction, the total amount owed shall be determined by multiplying the livable area of the residential unit and the square footage of the subject property by the applicable fee components of the Affordable Housing Impact Fee and summing the results.
  • Livable area of the addition times the applicable fee component.
    Applies: Mountain House Community only; an impact fee on new homes, not an option instead of building affordable units; additions to an existing residence.
    § 9-1270.3M · code text
    For additions to an existing residence, the total amount owed shall be determined by multiplying the liable area of the addition by the applicable fee component of the Affordable Housing Impact Fee.
  • Livable area above the prior structure's livable area times the applicable fee component.
    Applies: Mountain House Community only; an impact fee on new homes, not an option instead of building affordable units; replacement of an existing residential structure.
    § 9-1270.3M · code text
    For projects involved the replacement of an existing residential structure, the total amount owed shall be determined by multiplying the livable area exceeding the livable area of the prior structure by the applicable fee component of the Affordable Housing Impact Fee.
  • Fee components adjust each July 1 by the percentage change in the Mountain House Housing Index.
    Applies: Mountain House Community only; an impact fee on new homes, not an option instead of building affordable units; annual adjustment.
    § 9-1270.3M · code text
    The components of the Affordable Housing Impact Fee shall automatically be adjusted on July 1st of each year based on the percentage change in the Mountain House Housing Index, as set forth in the Resolution pertaining to the Fee adopted by the County, for (MH Housing Index) the preceding fiscal year.

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Does San Joaquin County require affordable units in new housing?

San Joaquin County's code: Density bonus units are exempt. (Exempt from the Mountain House Community affordable housing impact fee.) (§ 9-1270.5M); Replacing an existing residential structure is exempt, up to the total livable area of the prior structure. (Exempt from the Mountain House Community affordable housing impact fee.) (§ 9-1270.5M).

General information, not legal advice.

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