§156.0309 FAR Regulations and TDRs
(a) Base Minimum and Maximum FARs
The minimum and maximum base FARs for each site within the Centre City Planned District are illustrated in Figure H; these FARs set parameters for the general bulk and intensity of development. All development proposals must meet the minimum FAR specified in Figure H with the exception of capital improvement program projects or development limited by the density/intensity limits under the safety zones of the San Diego International Airport – Lindberg Field Airport Land Use Compatibility Plan.
(b) Development Permit FAR
The approval and recordation of a development permit establishes the distribution of gross floor area within the development. The development may consist of one or more individually-owned lots, but the permitted FAR for any individual lots remain subject to the FAR limits within the development boundaries as defined by the development permit. If a development does not require a development permit, the distribution of FAR between the lots may be executed through the recordation of a legal covenant in a form approved by the City Manager and the City Attorney.
(c) Ballpark Mixed-Use District
Within the Ballpark Mixed-Use District, illustrated in Figure B, a FAR of 6.5 shall apply.
To facilitate ancillary development near PETCO Park pursuant to Proposition C passed by the voters in 1998 and Ordinance No. O-18613, transfers may be approved of any portion of the floor area permitted pursuant to this Section from PETCO Park to any other property within the district, if: (1) the property to which the applicable floor area is transferred is developed pursuant to a common plan or program with the property from which the floor area is transferred as approved by the City Council; and (2) appropriate CC&Rs are recorded to memorialize the reallocation of permitted floor areas.
The district-wide FAR provisions shall not apply to the block bounded by Park Boulevard and J, K, and 13th Streets.
(d) FAR Bonuses
Development may exceed the maximum base FAR for the site established by Figure H if the applicant provides certain public benefits or development amenities. The increased density earned through each FAR bonus shall be in addition to any other increase in density allowed by any other density bonus program. Any development that earns an FAR bonus through any of the FAR bonus provisions of Section 156.0309 shall either record covenant restrictions, CC&Rs, or an easement on the property to ensure that the requirements of each FAR bonus are met. If a development earns an FAR bonus through any of the FAR bonus provisions of Section 156.0309 and does not achieve or maintain the requirements of the FAR bonus provisions, as determined by the City Manager, the record owner shall purchase the equivalent FAR bonus through the FAR Payment Bonus Program.
(1) Affordable Housing Density Bonuses. An applicant proposing a residential development that is entitled to a density bonus pursuant to the Affordable Housing Regulations (AHR), Chapter 14, Article 3, Division 7 of the Land Development Code, may increase the permitted FAR as specified below.
(A) Development utilizing the density bonus provisions of Tables 143.07A, 143.07B, and 143.07C of the AHR shall be entitled to a percent FAR bonus equivalent to the percent density bonus cited in these tables subject to meeting all other provisions of the AHR.
(B) Development may provide either rental or for-sale affordable dwelling units, regardless of whether the market rate dwelling units within the development are for rent or sale. Development under these provisions shall be subject to the following requirements in addition to those in the AHR:
(i) The permitted FAR for a development containing affordable housing shall be calculated as follows:
Permitted FAR equals Pre-AHR bonus FAR minus the non-residential FAR, then multiplied by the AHR bonus percentage, then that total is added to the Pre-AHR bonus FAR.
For the purposes of the above calculation:
Pre-AHR bonus FAR means the Maximum Base FAR found in Figure H plus any additional bonus FAR earned through Section 156.0309(d)(2) through (11).
AHR bonus percentage means the percentage bonus for affordable housing found in Tables 143-07A, 143-07B, and 143-07C in the AHR.
(ii) The number of required affordable dwelling units in a development utilizing the AHR is calculated as follows:
Number of required affordable dwelling units equals Pre-AHR bonus FAR minus the non-residential FAR, then divided by the development’s proposed residential FAR, then multiplied by the number of proposed dwelling units in the development, then multiplied by the AHR bonus percentage.
(iii) The maximum FAR bonus earned through the provision of affordable housing shall be in addition to any other increase in density allowed in this Division.
(iv) Affordable dwelling units are not required to be distributed vertically throughout floors in high-rise development.
(v) Underutilized Auto-Oriented Properties. For development meeting 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 the premises contains any of the following uses as of January 1, 2023: Vehicle & Vehicular Equipment Sales & Services, Automobile Service Stations, Car Wash, Oil Change and Lubrication Services, Moving & Storage Facilities, Parking Facilities, Surface Parking lots, Maintenance & Repair Facilities, or Drive-Throughs, and those uses are to be replaced with residential development, the development shall receive an additional density bonus of 50 percent of the AHR bonus.
(C) Micro-Unit Incentive. For development proposing to utilize Section 143.0720(l)(9) providing for a 100 percent density bonus for micro-unit development, the development must first utilize other FAR bonus provisions as listed in Section 156.0309(d) to achieve a minimum FAR bonus of 3.0.
(2) Public Spaces Incentive. Development that reserves a portion of their site for the development of urban open space may qualify for an FAR bonus of 2.0, 4.0, 6.0, or 8.0. For the purposes of Section 156.0309(d)(2), amenities mean the components listed in the Amenities/Recreation Opportunities Table in Appendix D of the Parks Master Plan.
(A) The amount of FAR bonus shall be based on:
(i) Development that provides Active Sidewalks in accordance with Section 141.0621(c) and includes amenities which achieve a minimum of 3.5 points shall receive an FAR bonus of 2.0 or 4.0 if the length of the Active Sidewalk is greater than 150 linear feet.
(ii) Urban open space that is at least 10 percent of the site and includes amenities which achieve a minimum of 7 points shall receive an FAR bonus of 4.0.
(iii) Urban open space that is at least 15 percent of the site and includes amenities which achieve a minimum of 10.5 points shall receive an FAR bonus of 6.0.
(iv) Urban open space that is at least 20 percent of the site and includes amenities which achieve a minimum of 14 points shall receive an FAR bonus of 8.0.
(v) Development that includes either a public restroom building containing a minimum of 2 stalls; a performance/event space consisting of a minimum of 5,000 square feet with seating, lighting and utilities; or museum space consisting of a minimum of 30,000 square feet to be made available at no cost to a not-for-profit organization for a minimum of 30 years, shall receive an FAR Bonus of 6.0.
(vi) An applicant that provides new amenities or replaces existing amenities that achieve a minimum of 7 points in any existing public park or in any existing greenway or urban open space shall receive an FAR bonus of 4.0. The FAR bonus received under Section 156.0309(d)(2)(A)(vi) shall be transferable to any premises within the Centre City Planned District upon the execution of a certificate of transfer. Within the Downtown Community Planning Area, the addition or replacement of amenities to an existing public park shall be exempt from City Council Policy 600-33, including the requirement to amend a General Development Plan, subject to the approval of the Parks and Recreation Department Director or their designee.
(B) The urban open space shall be open to the general public at least between the hours of 7:00 a.m. and 9:00 p.m. every day, with the exception of museum space, which may have limited hours but at a minimum must be open to the public at least 24 hours per week. The urban open space area shall have signs indicating that the public is welcome and the hours of closure, if applicable.
(C) A public recreation easement or CC&Rs shall be recorded on the property providing for the development and on-going maintenance of the urban open space area to City standards in perpetuity. These provisions of the CC&Rs shall be approved by the City Manager and the City Attorney’s Office.
(3) Family-Style Housing Incentive. To encourage larger dwelling units and accommodate larger families, developments that provide at least 5 three bedroom units, with each bedroom containing a minimum of 70 square feet, and have CC&Rs recorded on the property requiring the number of bedrooms in those units shall be entitled to an FAR bonus, subject to the following criteria:
(A) Development providing at least 5 percent of the total amount of dwelling units within the development as three bedroom units shall receive an FAR bonus of 1.0.
(B) Development providing at least 10 percent of the total amount of dwelling units within the development as three bedroom units shall receive an FAR bonus of 3.0.
(C) Development providing at least 20 percent of the total amount of dwelling units within the development as three bedroom units shall receive an FAR bonus of 5.0.
(D) Development providing at least 30 percent of the total amount of dwelling units within the development as three bedroom units shall receive an FAR bonus of 7.0.
(E) Development providing at least 50 percent of the total amount of dwelling units within the development as three bedroom units, with at least 10 percent of those units affordable up to 30 percent of 150 percent of the area median income, shall have no limit on density.
(4) Eco-Roof Incentive. To encourage landscaped and ecologically designed roof tops, an FAR bonus may be earned based on the amount of eco-roof area. An FAR bonus of 1.0 shall be granted if the total area of an eco-roof exceeds 50 percent of the building’s footprint. The eco-roof area only includes the planted or landscaped area that is designed to sustain and support vegetation. Documentation, drawings, and specifications must be provided to the City Manager prior to the issuance of a building permit that describes all plant varieties, soil depths, soil content, water retention systems, and supporting structural systems.
(A) An additional FAR bonus of 1.0 shall be granted for an eco-roof area that is accessible to the building occupants.
(B) An additional FAR bonus of 2.5 shall be granted if the eco-roof is a community garden that is accessible to the building occupants.
(C) All vegetation must be maintained in perpetuity.
(D) At least one shade tree with a minimum 36-inch box size shall be provided on the roof top for every 5,000 square feet of roof area.
(5) Employment Use Incentive. To encourage the development of employment uses in the Centre City Planned District, an FAR bonus may be earned for the provision of employment uses within the development. In the Employment Overlay District, development containing 100 percent employment uses, excluding hotel/motel uses shall have no limit on FAR. In all other areas of the Centre City Planned District, any development that contains at least 50 percent employment uses, excluding hotel/motel uses, shall receive an FAR bonus of 50 percent and may utilize the development regulations within the Large Floorplate Overlay District.
(6) Child Care Facilities Incentive. Development that includes a child care facility in compliance with the requirements of Section 141.0606 and maintains an ‘E’ occupancy permit for a minimum of 20 years from the time of construction permit issuance will receive an FAR bonus at the rate of 20 square feet of additional gross floor area for each 1 square foot of gross floor area devoted to the child care facility. CC&Rs shall be recorded on the property requiring the maintenance of the “E” occupancy.
(7) FAR Payment Bonus Program. An FAR Payment Bonus Program has been established to permit applicants to purchase additional FAR. The maximum amount of FAR which may be purchased through this program shall be as shown in Figure J. Up to 4.0 of additional FAR above the maximum FAR identified in Figure J may be purchased at 1.5 times the price-per-square-foot of the FAR Bonus Payment Program. Further, an FAR Payment Bonus Program payment may be used to waive a requirement of Section 156.0310(g)(1) through (4) at an amount equal to the purchase of 1.0 FAR for each requirement waived.
(8) Sustainable Buildings Incentive. Development that demonstrates a high level of building sustainability by achieving a targeted level of performance may qualify for an FAR bonus of 1.0 or 2.0, subject to the following criteria:
(A) California Green Building Standards Code (CALGreen): As adopted by the State of California, CALGreen includes voluntary performance tiers. Development that complies with CALGreen Tier II and provides a double row of canopy trees along each street frontage, triangulated with required street trees at the curb, shall receive an FAR bonus of 1.0.
LEED®: The US Green Building Council (USGBC) (B) manages LEED® Core & Shell and LEED® for new construction. Development that provides a double row of canopy trees along each street frontage, triangulated with required street trees at the curb, shall receive an FAR bonus of 1.0 if it also achieves LEED® Silver certification, or an FAR bonus of 2.0 if it achieves a LEED® Gold or higher certification.
(C) CC&Rs shall be recorded on the property providing for the development and perpetual maintenance of all measures that are identified to earn an FAR bonus. Prior to the issuance of any building permits the applicant shall provide a financial surety to ensure the timely completion of the LEED® certification process to the satisfaction of the City Manager. Within 180 days of receiving the final Certificate of Occupancy for a development, the applicant shall submit documentation that demonstrates achievement of the applicable LEED® rating, to the satisfaction of the City Manager. If the applicant fails to submit documentation, equivalent payment shall be made to the FAR Bonus Fund.
(9) Green Streets Incentive. Development located at any site within the Centre City Planned District that includes public improvements consistent with Section 156.0304(b)(3)(A), (B), or (C) shall be entitled to an FAR bonus of 3.0 or 5.0 if the public improvement is greater than 150 linear feet.
(10) Homeownership Opportunities Incentive. Development that utilizes any of the FAR bonus provisions in Section 156.0309(d)(1) through (9) and achieves at least 150 percent of the maximum base FAR shall receive an additional FAR bonus of 6.0 if the development includes at least 60 percent for-sale housing and does not include any visitor accommodation uses. Prior to the issuance of the final Certificate of Occupancy, the applicant shall provide a recorded Certificate of Compliance, parcel map, or final map to ensure timely completion of the subdivision process to the satisfaction of the City Manager.
(11) Small Lot Development Accelerator. Development located on a lot less than 15,000 square feet that utilizes any of the FAR bonus provisions in Section 156.0309(d)(1) through (10) and achieves at least 150 percent of the maximum base FAR shall receive an additional FAR bonus of 4.0 and shall be exempt from the requirements of 156.0310(d)(1)(E) through (G) and 156.0310(d)(2) and (3).
(12) Middle Income Housing Incentive. Development that includes a minimum of 100 residential dwelling units where 20 percent of the total residential dwelling units are affordable up to 30 percent of 150 percent of the area median income shall have no limit on density. Where development includes a minimum of 300 residential dwelling units and 100 percent of the total residential dwelling units are affordable up to 30 percent of 150 percent of the area median income, those dwelling units located entirely within the bonus FAR shall not be subject to the requirements of Chapter 14, Article 2, Division 13 of the Land Development Code. Non-residential uses may occupy no more than 20 percent of the gross floor area.
(13) Underutilized Properties Incentive. Development which utilizes any of the FAR bonus provisions in Section 156.0309(d)(1) through (12), where the premises contains existing development that is less than the minimum base FAR, as identified on Figure H, as of January 1, 2024, shall receive an additional density bonus of 30 percent of the FAR bonus.
(14) C Street Revitalization Bonus. Development located along C Street that utilizes any of the FAR bonus provisions in Sections 156.0309(d)(1) through (13) shall receive an additional density bonus of 100 percent of the FAR bonus.
(15) Housing Element Accelerator. Development that utilizes any of the FAR bonus provisions in Sections 156.0309(d)(1) through (14) shall receive an additional density bonus of 50 percent of the FAR bonus if the Building Permit application is deemed complete prior to January 1, 2029.
(e) Exemptions from FAR Calculations
The following exemptions apply to the calculations for FAR:
(1) Historical Buildings. The floor area within the historic building envelope of any designated historical resource shall not be counted as gross floor area for the purposes of calculating the FAR for the development, if the designated historical resource is preserved, rehabilitated, restored, or modified and the development results in no more than minor alterations to the designated historical resource consistent with the Secretary of the Interior’s Standards and Guidelines, or the development is approved through the Site Development Permit procedures, in accordance with Chapter 14, Article 3, Division 2 of the Land Development Code. The floor area within the historic building envelope may also be exempted from the FAR calculations if the designated historical resource is reconstructed consistent with the Secretary of the Interior’s Standards and Guidelines as part of the development. Any remaining FAR on a premises containing a designated historical resource may be transferred to any other premises within the Downtown Community Planning Area. Appropriate CC&Rs shall be recorded to memorialize the reallocation of FAR on both premises.
(2) Public Uses. If a development incorporates a building or portion of a building that is owned by the City of San Diego or a public school district, and it is utilized for a public purpose such as a community recreation center, fire station, public school, or other similar public use as determined by the City Manager, the floor area of that public use shall not be counted as gross floor area for the purposes of calculating the FAR for the development.
(3) Child Care. All floor area that is dedicated to a child care facility in compliance with the requirements of Section 141.0606 shall not be counted as gross floor area for the purposes of calculating the FAR for the development.
(4) Active Commercial Uses. All floor area located on the ground floor or ground-floor mezzanine that is directly accessible to the street and is dedicated to active commercial uses and is located either on main streets, on C Street, or within the San Diego Promise Zone, shall not be counted as gross floor area for the purposes of calculating the FAR for the development.
(5) Cultural Uses. Any floor area provided within a development that is dedicated to a cultural use or other similar use as approved by the City Manager, shall not be counted as gross floor area for the purposes of calculating the FAR for the development. CC&Rs shall be recorded on the property ensuring the use of such space for similar cultural uses in perpetuity.
(f) Transfer of Development Rights (TDR) Program
(1) Purpose. The purpose of the TDR program is to encourage opportunities for the design, construction, and operation of additional publicly accessible parks within the Downtown Community Planning Area while also incentivizing the construction of additional housing and employment.
(2) Eligible Sites. Eligible receiving sites and sending sites must both be within the Centre City Planned District. Eligible receiving sites are those sites where any portion of the premises is zoned for residential, commercial, or mixed-use. Eligible sending sites are those sites where a development designs and constructs an onsite publicly accessible park that satisfies or exceeds the park standard identified in the Parks Master Plan Area.
(3) Allowable Transfers. All the allowable gross floor area on a sending site may be transferred in its entirety, to a single receiving site or entity or in separate increments to several receiving sites.
(4) Permitted Transferable Gross Floor Area. The gross floor area that may be transferred shall be calculated as the permitted gross floor area based on the sending site’s size and permitted maximum base FAR, as illustrated in Figure H. For transfers involving sending sites in which the applicant enters into a maintenance agreement, where the applicant is identified as the responsible party for maintenance, to provide the long-term maintenance of the park in accordance with the Parks Master Plan, the amount of permitted transferable gross floor area shall be increased by 50 percent.
(5) Procedures. The following procedures are required for any transfer of gross floor area:
(A) Certificate of Transfer. The record owner of a sending site wishing to transfer permitted gross floor area from the sending site shall execute a certificate of transfer. The certificate of transfer shall contain all of the following:
(i) The names and mailing addresses of the transferor (original record owner of the sending site) and transferees (record owner(s) of the receiving site(s) or the TDR bank) of the gross floor area.
(ii) Execution and acknowledgement of the transfer of the gross floor area by the transferor of the gross floor area, all parties with record title interest in the real property of the sending site, the transferees of the gross floor area, and the City Manager.
(iii) The amount of gross floor area transferred (in square feet); and
(iv) The addresses, legal descriptions, assessor’s parcel numbers, and land use districts of the sending site and receiving site.
(B) Approval by the City Manager. The City Manager shall not execute the certificate of transfer if a transfer of the gross floor area would be prohibited by any provision of this Code.
(C) Recordation. Each duly executed and acknowledged certificate of transfer containing the information required by this Section shall be recorded in the County Recorder’s office. The County Recorder shall be instructed to mail the original certificate of transfer to the City Manager, with copies to both the transferor and transferee of the gross floor area.
(D) Property Deed. In addition to a certificate of transfer, the record owner(s) of a sending site involving a TDR for public park land shall execute a deed transferring ownership of the site to the City.
(E) Approval for Development. When the use of TDR is necessary for the approval of a building permit for a development on a receiving site, the City shall not issue any building permits for that site unless the City Manager has issued a written verification that the record owner of the receiving site is entitled to the amount of gross floor area for the development based on a recorded certificate of transfer.
(Amended 9-7-2007 by O-19664 N.S; effective 10-7-2007.) (Amended 5-6-2010 by O-19947 N.S; effective 6-5-2010.) (Amended 12-7-2011 by O-20117 N.S.; effective 1-6-2012.) (Amended 5-7-2012 by O-20152 N.S.; effective 6-6-2012.) (Amended 5-7-2012 by O-20153 N.S.; effective 6-6-2012.) (Amended 5-7-2012 by O-20154 N.S.; effective 6-6-2012.) (Amended 5-7-2012 by O-20155 N.S.; effective 6-6-2012.) (Amended 5-15-2014 by O-20368 N.S.; effective 6-14-2014.)
[Editors Note: Amendments as adopted by O-19947 N. S., O-20117 N. S. and O-20368 N. S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies them as Local Coastal Program Amendments. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-20368-SO.pdf ]
(Amended 7-19-2016 by O-20673 N.S.; effective 8-27-2016.)
[Editors Note: Amendments as adopted by O-20673 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-20673-SO.pdf ]
(Amended 6-21-2019 by O-21084 N.S.; effective 8-8-2019.)
[Editors Note: Amendments as adopted by O-21084 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-21084-SO.pdf ]
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.) (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-21619 N.S.; effective 5-6-2023.)
[Editors Note: Amendments as adopted by O-21619 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-21619-SO.pdf ]
(Amended 7-22-2024 by O-21837 N.S.; effective 10-5-2024.)
[Editors Note: Amendments as adopted by O-21837 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-21837-SO.pdf ]
(Retitled from “FAR Regulations and TDRs” to “FAR Regulations and TDRs” and amended 6-15-2026 by O-22110 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22110 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-22110-SO.pdf ]