§1513.0304 Property Development Regulations – Residential Subdistricts
(a) Density Regulations
One dwelling unit shall be allowed per 1,200 square feet of lot area, except as follows:
(1) A single R-S lot of 2,000 to 2,400 square feet shall be entitled to a maximum of 2 dwelling units;
(2) Two contiguous R-S lots developed concurrently with common wall construction shall be entitled to a maximum of 4 dwelling units; and
(3) Fractions of a dwelling unit shall not be rounded up when determining the total units permitted on a lot or lots.
(b) Minimum Lot Standards
The minimum lot standards as shown in Table 1513-03A apply except that any lot as defined in Land Development Code Section 113.0103 that meets the criteria for being a legal lot under Section 113.0237 and which does not comply in all respects with the minimum lot dimensions specified in Table 1513-03A, may be used in accordance with the regulations of the applicable zone.
Table 1513-03A Minimum Lot Standards
Standard | R-N | R-S
Area | 1,250 Square Feet | 2,400 Square Feet
Street Frontage | 25 Feet | 30 Feet
Width | 25 Feet | 30 Feet
Depth | 50 Feet | 80 Feet
(c) Yards
(1) Minimum Yards for Bayside and Ocean Front Walks
The minimum yards for Bayside and Ocean Front Walks shall be as follows:
(A) R-N Subdistrict, Bayside Walk – 5 foot standard setback.
(B) R-N Subdistrict, Ocean Front Walk.
(i) First story – 7-foot standard setback
(ii) Second and third story – a maximum of 50 percent of each story shall observe a minimum 3-foot setback from the standard setback with the remaining portion of each story observing a minimum 5-foot setback from the standard setback.
(iii) Use of these varying setback requirements of Section 1513.0304(c)(1)(B) shall fulfill requirements for vertical offset.
(C) R-S Subdistrict, Bayside and Ocean Front Walks – 10-foot standard setback.
(D) Exceptions
(i) Bayside Walk. In the R-S Subdistrict, buildings abutting Bayside Walk shall observe an additional setback beginning at 20 feet above existing grade or proposed grade, whichever is lower, at the standard setback and sloping back at a 45 degree angle. In the R-N Subdistrict, buildings abutting Bayside Walk shall observe an additional setback beginning at 15 feet above existing grade or proposed grade, whichever is lower, at the standard setback and sloping back at a 45 degree angle. The angle is measured in a horizontal plane perpendicular to and away from the building wall in either direction.
(ii) Ocean Front Walk. In the R-S Subdistrict, buildings abutting Ocean Front Walk shall observe an additional setback beginning 25 feet above existing grade or proposed grade, whichever is lower, at the standard setback and sloping back at a 45 degree angle. In the R-N Subdistrict, buildings abutting Ocean Front Walk shall observe an additional setback beginning at 20 feet above existing grade or proposed grade, whichever is lower, at the standard setback and sloping back at a 45 degree angle. The angle is measured in a horizontal plane perpendicular to and away from the building wall in either direction.
(2) Minimum Yards for Courts and Places
(A) R-N Subdistrict - 10 foot standard setback
(B) R-S Subdistrict - 15 foot standard setback
(C) Exceptions:
(i) Buildings on the south side of a Court or Place shall observe an additional setback beginning at 20 feet above existing grade or proposed grade, whichever is lower, at the standard setback and sloping back at a 45 degree angle on the north facing facade. The angle is measured in a horizontal plane perpendicular to and away from the building wall in either direction as shown in Diagram 1513-03A.
(ii) Buildings on the north side of a Court or Place shall observe an additional setback beginning 25 feet above existing grade or proposed grade, whichever is lower, at the setback and sloping back at a 45 degree angle on the south facing facade. The angle is measured in a horizontal plane perpendicular to and away from the building wall in either direction, as shown in Diagram 1513-03B.
Diagram 1513-03A Elevation on South Side of Court or Place 45 Angle on North Facing Facade
45o
Building
20’
Setback
Diagram 1513-03B Elevation on North Side of Court or Place 45o Angle on South Facing Facade
45o
Building
25’
Setback
(3) Minimum Interior Yards
(A) Five foot standard setback.
(B) Exceptions:
(i) A structure that is 20 feet or less in height above existing or proposed grade, whichever is lower, may observe a 3-foot setback. The structure may be placed anywhere between the standard 5-foot setback and the 3-foot reduced setback exception.
(ii) Any portion of the structure’s façade that exceeds 20 feet in height above existing or proposed grade shall not exceed a vertical plane established by a 45-degree angle sloping inward from the 3-foot reduced setback to the maximum permitted 30-foot height limit.
(iii) Structures that are developed with portions of the structure observing a 3-foot setback exception, and other portions of the structure observing the standard 5-foot setback may use a combination of Sections 1513.0304(c)(3)(A) and 1513.0304(c)(3)(B)(i), as shown in Diagram 1513-03C.
(iv) In the R-N Subdistrict development of any lot or combination of lots 45 feet or greater in width shall have a minimum interior yard setback of 6 feet or 10 percent of the lot width, whichever is greater.
(v) In the R-S Subdistrict development of any lot or combination of lots 55 feet or greater in width shall have a minimum interior yard setback of 6 feet or 10 percent of the lot width, whichever is greater.
(4) Minimum Yards on Streets and Alleys.
Yards abutting Strandway and Bayside Lane and alleys shall not be required.
(5) Mission Boulevard Yards
Buildings abutting Mission Boulevard shall observe a minimum standard setback of 3 feet or 10 percent of the lot’s shortest property line intersecting Mission Boulevard, whichever is the greater. The maximum yard required need not exceed a 7-foot standard setback.
(6) Minimum Rear Yards.
No rear yard is required except where the rear yard abuts an interior or rear yard of an adjacent lot; then, the regulations in Section 1513.0304(c)(3) shall apply.
Diagram 1513-03C Interior Yards and Building Height
Property Line Property Line
5’ 5’
30’ Building 3’ 20’
Elevation
Property Line
5’ 5’
Building
3’
Plan View
(d) Encroachments
(1) Only the encroachments identified in Section 1513.0304(d) are allowed.
Table 1513-03B Allowable Encroachments1
Feature | Courts, Places, and Walks | Interior and Street Side Yard
Casings for Doors & Windows | 6 inches | 6 inches
3 Cornices2, | 1 foot | 6 inches
Direct Vent Gas | 1 foot | 6 inches in 3- foot setback 1 foot in 5-foot setback
Eaves2 | 4 2 feet | 6 inches
Lighting Fixtures | 9 inches | 9 inches
Rain Gutters | 6 inches | 6 inches
Vents | 6 inches | 6 inches
1 For features in Table 1513-03B that are located on any portion of the façade that encroaches 18 inches into the Court, Place, or Walk yard setback using the vertical offset in Section 1513.0304(d)(2)(A)(i), a maximum additional encroachment of 6 inches is allowed.
2 The area that encroaches may not be used to support decks, exterior balconies, or floors.
3 Cornices shall not exceed 1-foot in height.
4 The eave shall not intrude into any required 45 degree angle for a Court, Place, Walk or interior yard.
(2) Encroachments into yards for Courts, Places, and all yards on Ocean Front and Bayside Walks
(A) The following encroachments, in addition to those identified in Table 1513-03B, are permitted in yards for Courts, Places, and Walks:
(i) An encroachment of up to 18 inches for a vertical offset extending full height of the building that is a maximum of 3 feet in depth and not less than 45 degrees for at least 50 percent of the building as illustrated in Diagram 1513-03D provided that the width of the encroaching offset is not more than one-half of the total building width, and an insert area equal to the width of the encroaching offset at a minimum depth of 18 inches is undeveloped behind the required setback line parallel to the Court, Place, or Walk.
(ii) Only those encroachments identified in Table 1513-03B are allowed in the offset and inset areas.
Diagram 1513-03D 18 Inch Offset for a Court, Walk, or Place
Property Line Court, Walk, or Place
Undeveloped Area “B” Encroachment “A”
18” max. 18” min. Encroachment Building
Required Standard Line
(B) The following encroachments are not permitted into yards for Courts, Places, or Walks:
(i) Encroachment into the 45 degree setback by any part of the structure (including but not limited to eaves, fireplaces, chimneys, stairs, or railings).
(ii) Any structure that exceeds 3 feet in height above existing grade or proposed grade, whichever is lower, (including fences; solid, glass, planter, or retaining walls; stairs; rails; bay or garden windows; and fireplaces, grills, or barbeques that are constructed in place) except that encroachments consistent with Section 1513.0304(d)(2)(A) are permitted.
(3) Encroachments into interior yards and yards abutting Mission Boulevard
(A) Only those encroachments listed in Table 1513-03B are allowed in the interior yard.
(B) No encroachment may be closer than 2 feet, 6 inches from the property line.
(4) Encroachments into the required 45 degree angled setbacks of the interior yard
The following features may encroach into the 45 degree angled setback required for interior yards:
(A) Chimneys measuring no more than 2 feet by 2 feet, and roof vents;
(B) Dormers shall be permitted to encroach into the 45 degree angled setback consistent with the following:
(i) The dormer shall be setback a minimum of 5 feet from the property line or the distance of the interior yard setback if the setback is greater than 5 feet;
(ii) Dormers may be located on each side of the roof ridge;
(iii) There shall be a minimum separation of 2 feet between dormers located on the same side of the roof ridge;
(iv) In the R-N Subdistrict the combined width of the dormers on the same side of the roof ridge shall not exceed 10 feet; and
(v) In the R-S Subdistrict the combined width of all dormers on the same side of the roof ridge shall not exceed 20 feet.
(C) Roof decks shall be permitted to encroach into the 45 degree angled setback consistent with the setback, location, and dimension requirements for dormers in Section 1513.0304(d)(4)(B).
(e) Building Width
(1) Buildings facing a Court, Place, Bayside or Ocean Front Walk shall not be wider than 25 feet in the R-N Subdistrict or 30 feet in the R-S Subdistrict, unless a vertical offset in the front facade is provided. The vertical offset shall be a minimum of 3 feet in depth, not less than 45 degrees, and extend the full height of the building. The offset in Section 1513.0304(d)(2)(A)(i) may be used to satisfy this requirement (see diagram 1513-03D).
(2) The use of vertical offsets in Section 1513.0304(e)(1) is allowed for building widths less than 25 feet in the R-N Subdistrict and less than 30 feet in the R-S Subdistrict.
(f) Maximum Lot Coverage.
The maximum lot coverage shall be 65 percent.
(g) Floor Area Ratio.
(1) The basic maximum floor area ratio shall be 1.1 for 1 to 7 dwelling units. The maximum floor area ratio shall be 1.25. for 8 to 10 dwelling units.
For development within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a premises that is designated as a historical resource consistent with Chapter 12, Article 3, Division 2 of the San Diego Municipal Code, the maximum floor area ratio does not increase.
(2) Portions of the building or structure used exclusively for required off-street parking shall not be included as part of the building area for the purposes of determining floor area ratio. This exemption is restricted to a maximum 200 square feet per required off-street parking space.
(3) Regardless of lot size, individual buildings, including common wall construction, shall not exceed 5,280 square feet in total gross floor area. However, those areas excluded by Section 1513.0304(g)(2) from the calculations of floor area ratio shall not be considered as part of the 5,280 square feet.
(h) Height. The maximum height of a building or structure shall be 30 feet. If the 30-foot height limitation of Ordinance No. 10960 N.S. is removed from Mission Beach, the building height limit shall be 35 feet.
(“Property Development Regulations – Residential Subdistricts” added 3-27-2007 by O-19589 N.S.; effective 4-26-2007.)
(Amended 10-18-2010 by O-19999 N.S.; effective 8-9-2012.)
(Amended 6-26-2012 by O-20175 N.S.; effective 8-9-2012.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
