Complete Communities Housing Solutions Regulations

San Diego Municipal Code ch. 14, art. 3, div. 10

in effect

San Diego Municipal Code § 143.1001 Purpose, Intent, and Definitions

§143.1001 Purpose, Intent, and Definitions (a) Purpose. The purpose of these regulations is to provide a floor area ratio-based density bonus incentive program for development within Sustainable Development Areas that provides housing for very low income, low income, or moderate income households and provides neighborhood-serving infrastructure amenities. These regulations are intended to materially assist in providing adequate housing for all economic segments of the community; to provide a balance of housing opportunities within the City of San Diego with an emphasis on housing near transit; and to encourage use of mobility alternatives through the construction of neighborhood-serving infrastructure amenities. Investment in neighborhood-serving infrastructure that creates destinations and encourages walking, biking and use of transit, particularly within Sustainable Development Areas, is critical to the City’s Climate Action Plan goal to reduce greenhouse gas emissions. These regulations do not implement California Government Code Section 65915 (State Density Bonus Law), which is implemented through San Diego Municipal Code Chapter 14, Article 3, Division 7. (b) Definitions. For purposes of this Division, the following definitions shall apply: (1) FAR Tier 1 means any premises where any portion of the premises is located within the Downtown Community Planning Area. (2) FAR Tier 2 means any premises where any portion of the premises is located in a regional or subregional employment area, as identified in the General Plan Economic Prosperity Element, or within a one-mile radius of any university campus that includes a medical center and is within a Sustainable Development Area that is located in a community planning area within Mobility Zone 3 as defined in Section 143.1103(a)(3). (3) FAR Tier 3 means any premises where any portion of the premises is located in an area located within a Sustainable Development Area that is located in a community planning area within Mobility Zone 3 as defined in Section 143.1103(a)(3). (4) FAR Tier 4 means any premises where any portion of the premises is located in an area located within a Sustainable Development Area that is located in a community planning area within Mobility Zone 4 as defined in Section 143.1103(a)(4). (5) Community of Concern means a census tract that has been identified as having very low, low, or moderate access to opportunity as identified in the San Diego Climate Equity Index. (“Purpose, Intent, and Definitions” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

San Diego Municipal Code § 143.1002 Application of Complete Communities Housing Solutions Regulations

§143.1002 Application of Complete Communities Housing Solutions Regulations (a) At the request of the applicant, except as otherwise provided in Section 143.1030, the regulations in this Division shall apply to any development within a Sustainable Development Area where any portion of the premises contains zoning that is commercial, residential, or mixed-use and the premises is zoned to allow 20 dwelling units per acre, or greater or has a land use plan designation that allows for 20 dwelling units per acre, or greater and is within one-quarter mile of a rail station, not including additional dwelling units permitted under this Division, if all the following requirements are met: (1) The development includes dwelling units affordable to very low income, low income, or moderate income households, in accordance with Section 143.1015(a)(1)-(3), 143.1015(a)(4), 143.1016(a)(1)-(3), or 143.1016(a)(4) and the following criteria. (A) Within the categories of very low income, low income, and moderate income households, affordable dwelling units may be further targeted or restricted for senior citizens, as defined in California Civil Code Sections 51.3 and 51.11. (B) Within the very low income category, affordable dwelling units may be further targeted or restricted for transitional foster youth, as defined in Section 66025 of the California Education Code; disabled veterans as defined in Section 18541 of the California Government Code; or homeless persons as defined in the McKinney-Vento Homeless Assistance Act. (2) The development includes neighborhood-serving infrastructure amenities, in accordance with Section 143.1020. (3) The rental dwelling units within the development shall not be used for a rental term of less than 30 consecutive days. (b) The regulations in this Division shall not apply to the following types of development: (1) Development outside of the Centre City Planned District and the mixed-use base zones that propose a total number of dwelling units that equates to a residential density that is less than 80 percent of the maximum permitted density of the applicable base zone(s) or Planned District. (2) Residential development within the Centre City Planned District that does not meet the Base Maximum FAR found in Figure H of the Centre City Planned District. (3) Development zoned mixed-use that does not meet the maximum floor area ratio of the base zone. (4) Development that proposes to concurrently utilize the density bonus provided in Chapter 14, Article 3, Division 7 (Affordable Housing Regulations). Existing development that was constructed in accordance with the Affordable Housing Regulations and an applicant proposes to construct additional dwelling units through a new development application may utilize this Division to add gross floor area and density if the existing development was constructed using the maximum density bonus available based on the affordability level of the development. (5) Development located within Proposition A lands. (6) Development located within a designated historical district with the following exceptions: (A) Development on properties that are not designated as contributing resources to the Ocean Beach Cottage Emerging Historical District; and B) Development on properties that are not designated as contributing resources to the Chinese Asian Thematic Historical District. (7) Development that is subject to the Old Town San Diego Planned District. (8) Development that includes visitor accommodation, except an SRO hotel. (c) The regulations in this Division may be utilized to add gross floor area to an existing development through the construction of additional dwelling units. The additional gross floor area allowed shall be determined as follows: (1) The additional gross floor area is determined by multiplying the remaining lot area (excluding existing landscaping, open space amenities, and sidewalks) by the applicable floor area ratio in Section 143.1010(a). The remaining lot area is the difference between the lot coverage of the existing development and the lot area. (2) The minimum number of dwelling units is determined by multiplying the maximum number of dwelling units that could be constructed on the remaining lot area by 0.80. (A) For this calculation, the maximum number of pre-density bonus dwelling units that could be constructed on the remaining lot area is calculated by dividing the remaining lot area by the maximum permitted density under the base zone. (B) If the number calculated for the minimum number of dwelling units exceeds a whole number by more than 0.50, the minimum number of dwelling units shall be rounded up to the next whole number. (d) The regulations in this Division may be utilized to add gross floor area for residential development to an existing non-residential development through the conversion of existing non-residential space to permanent rental or for-sale dwelling units. (e) The required number of affordable dwelling units shall be calculated in accordance with Section 143.1015. For the purposes of calculating the required number of affordable dwelling units, all density calculations resulting in fractional units shall be rounded up to the next whole number. Existing covenant--restricted affordable dwelling units shall not be counted towards the affordable housing requirement in this Division. (f) The regulations in this Division shall not supersede the regulations of any other Land Development Code Section, unless specified. (“Application of Complete Communities Housing Solutions Regulations” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 3-13-2026 by O-22076 N.S.; effective 6-4-2026.) [Editors Note: Amendments as adopted by O-22076 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-22076-SO.pdf ] Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1005 Required Replacement of Existing Affordable Units

§143.1005 Required Replacement of Existing Affordable Units (a) An applicant is ineligible for any incentive under this Division if the premises on which the development is proposed contains, or during the seven years preceding the application, contained, rental dwelling units that have had the rent restricted by law or covenant to persons and families of low income, or very low income, or have been occupied by persons and families of low income, or very low income, unless the proposed development replaces the affordable dwelling units, and either: (1) Provides affordable dwelling units at the percentages set forth in Section 143.1015 (inclusive of the replacement dwelling units), or (2) Provides all of the dwelling units in the development as affordable to low income or very low income households, excluding any manager’s unit(s). (b) The number and type of required replacement affordable dwelling units shall be determined as follows: (1) For developments containing any affordable dwelling units, the development must contain at least the same number of replacement affordable dwelling units, with at least the same total number of bedrooms as the dwelling units being replaced. If the development contains any occupied affordable dwelling units on the application submittal date, each replacement affordable dwelling unit for the occupied affordable dwelling units shall provide the same bedroom mix as the occupied affordable dwelling units. The replacement affordable dwelling units shall be made affordable to and occupied by persons and families in the same or a lower income category as the occupied affordable dwelling units. For unoccupied affordable dwelling units in the development, the replacement affordable dwelling units shall be made affordable to and occupied by persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household is unknown, it is rebuttably presumed that the affordable dwelling units were occupied by lower income renter households in the same proportion of lower income renter households to all renter households within the City of San Diego, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement affordable dwelling units shall be provided in that same percentage. A development consisting of one single dwelling unit on a site with a single affordable dwelling unit may replace the affordable dwelling unit with a dwelling unit of any size at any income level. (2) If all the affordable dwelling units are vacant or have been demolished within the seven years preceding the application submittal date, the development must contain at least the same number of replacement affordable dwelling units, with at least the same total number of bedrooms, as existed at the highpoint of those units in the seven-year period preceding the application submittal date, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the highpoint, it is rebuttably presumed that the affordable dwelling units were occupied by very low income and low income renter households in the same proportion of very low income and low income renter households to all renter households within the City of San Diego, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement dwelling units shall be provided in that same percentage. A development consisting of one single dwelling unit on a site with a single affordable dwelling unit may replace the affordable dwelling unit with a dwelling unit of any size at any income level. (3) All replacement affordable dwelling unit calculations resulting in fractional units shall be rounded up to the next whole number. (4) All replacement affordable dwelling units shall be affordable for at least 55 years unless the dwelling units are provided in accordance with Section 143.1015(a)(6)(B). Very low income, low income, and moderate income households located within an area identified as a Low Resource or High Segregation and Poverty Opportunity Area by the California Tax Credit Allocation Committee when the development application is deemed complete, shall receive priority preference for new covenant-restricted dwelling units created under this Division. (5) Any existing residents will be allowed to occupy their dwelling units until six months before the start of construction activities with proper notice, which shall occur at least 12 months prior to the anticipated date of termination. The property owner shall deliver a notice of intent to terminate to the Housing Authority and to each tenant household. (6) The applicant agrees to provide relocation benefits to the occupants of those affordable residential dwelling units, and the right of first refusal for a comparable dwelling unit available in the new housing development at a rent affordable to very low income or low income households. (A) The displaced occupants are entitled to payment for actual moving and related expenses that the Housing Authority determines to be reasonable and necessary. (B) For any very low income, low income, or moderate income household displaced by conversion, the applicant shall pay to such household an amount in accordance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code or the Residential Tenant Protection Regulations located in Chapter 9, Article 8, Division 7, whichever amount of relocation assistance is greater. (7) For a development located within a Community of Concern, residents living within one mile of the development at the time of application shall receive priority for 75 percent of the affordable dwelling units in the development that are reserved for very low income, low income, or moderate income households. (8) For-sale dwelling units to be counted towards the affordable requirements of this Division shall meet all the following qualifying criteria: (A) The initial occupant of all for-sale affordable dwelling units shall be a very low income, low income, or moderate income household. (B) Prior to, or concurrent with, the sale of each affordable dwelling unit, the applicant shall require the buyer to execute and deliver a promissory note in favor of the San Diego Housing Commission so that the repayment of any initial subsidy is ensured. (C) Each for-sale dwelling unit shall be occupied by the initial owner at all times until the resale of the dwelling unit. (D) Upon the first resale of a dwelling unit, the seller shall comply with all conditions regarding the sale of a dwelling unit, as applied by the San Diego Housing Commission, and as set forth in California Government Code section 65915(c)(2). (“Required Replacement of Existing Affordable Units” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) Note: The priority preference for households that qualify for affordable homes as set forth in Sections 142.1304(e)(3), 143.0720(p), 143.0860(e), 143.1005(b)(4), and 143.1212(f) will not be implemented until a program can be developed and a funding source can be approved as part of a future action of the Housing Authority or City Council to ensure successful implementation. For Sections 143.0860(e) and 143.1005(b)(4), only portions applicable to the priority preference are delayed. Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1010 Incentives in Exchange for Affordable Housing and Infrastructure Amenities

§143.1010 Incentives in Exchange for Affordable Housing and Infrastructure Amenities An applicant proposing development that is consistent with the criteria in Section 143.1002 shall be entitled to the following incentives: (a) Waiver of the existing floor area ratio and a new floor area ratio based upon whether the development is located in FAR Tier 1, FAR Tier 2, FAR Tier 3, or FAR Tier 4. If a mixed-use development is proposed, the floor area ratio of the non-residential portion of the development shall not exceed the maximum floor area ratio of the applicable base zone or Planned District. Development located within the Coastal Overlay Zone and the Coastal Height Limit Overlay Zone as shown on Map No. C-380, filed in the office of the City Clerk as Document No. 743737, shall be limited to a maximum floor area ratio of 2.5, and to a maximum height of 30 feet, with the exception of those areas located within the FAR Tier 1. (1) Within FAR Tier 1, there shall be no maximum floor area ratio for residential development. (2) Within FAR Tier 2, the new maximum floor area ratio shall be 8.0. (3) Within FAR Tier 3, the new maximum floor area ratio shall be 6.5. (4) Within FAR Tier 4, the new maximum floor area ratio shall be 4.0. (5) An additional floor area ratio bonus of 1.5 shall be added to the maximum floor area ratio identified in Section 143.1010(a)(2)-(4) if: (A) At least 10 percent of the total dwelling units in the development are at least two bedroom dwelling units; (B) An additional 10 percent or more of the total dwelling units in the development are at least three bedroom dwelling units; and (C) Each dwelling unit is under only one lease agreement per dwelling unit. (b) Waiver of the maximum permitted residential density of the land use designation(s) in the applicable land use plan. Density shall be limited by the allowable floor area ratio and the requirements of the California Building Code as adopted and amended by the City of San Diego. (c) Waiver of the following applicable base zone or Planned District regulations: (1) Maximum structure height. (2) Maximum lot area. (3) Street frontage requirements, if safe and adequate access to the premises can be provided to the satisfaction of the City Building Official and the Fire Department. (4) Maximum lot coverage. (5) Floor Area Ratio (FAR) Bonus for Residential Mixed-Use. Development utilizing the regulations in this Division shall not be eligible for other FAR or density bonuses. (6) Maximum front setback or street side setback if the maximum is less than 20 feet and the development is constructing a public space, in accordance with Section 143.1020. (d) Waiver of any of the following applicable overlay zone regulations: (1) Maximum permitted residential density. (2) Outside the Coastal Height Limit Overlay Zone and the Airport Land Use Compatibility Overlay Zone, maximum structure height. (3) The requirement to obtain a Site Development Permit in areas mapped as CPIOZ Type A or CPIOZ Type B, if the development complies with the development standards or criteria in the applicable community plan. Compliance with the development standards or criteria in the applicable community plan does not include compliance with maximum permitted residential density and/or maximum structure height. (e) Waiver of the private exterior open space requirement in Section 131.0455 for all dwelling units in the development if at least 10 percent of the total dwelling units in the development are at least three bedroom dwelling units, and each dwelling unit in the development is under only one lease agreement per dwelling unit. (f) Waiver of Development Impact Fees if the development provides a residential density that is at least 120 percent of the maximum permitted density of the applicable base zone or Planned District for the following: (1) All covenant-restricted affordable dwelling units. (2) Up to 30 percent of the total number of dwelling units that do not exceed 500 square feet, provided that at least 10 percent or more of the total dwelling units in the development are at least three bedroom dwelling units. (3) All dwelling units that contain at least three bedrooms that meet the following requirements: (A) The dwelling units are covenant-restricted to households earning no more than 150 percent of the area median income; and (B) Each dwelling unit is under only one lease agreement. (g) Waiver of the Neighborhood Enhancement Fee for development that meets the affordable housing requirements set forth by this Division and restricts 100 percent of the dwelling units, not including any managers units, to households earning no more than 50 percent of the area median income. (h) Use of up to five Affordable Housing Incentives. An applicant utilizing the regulations in this Division shall be entitled to incentives as described in Section 143.1010(h) for any development for which a written agreement and a deed of trust securing the agreement is entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission. The City shall process an incentive requested by an applicant in accordance with Section 143.1010(h). (1) An incentive means any of the following: (A) A deviation to a development regulation, with the exception of any regulations or requirements of this Division; (B) Any other incentive proposed by the applicant, other than those identified in section 143.1010(h)(2), that results in identifiable, actual cost reductions. (2) Items not considered incentives by the City of San Diego include, but are not limited to the following: (A) A waiver of a required permit; (B) A waiver of fees or dedication requirements, except as allowed under Section 143.1010(f); (C) A direct financial incentive; (D) Approval of mixed-use zoning in conjunction with a residential development; (E) A waiver of any of the requirements, regulations or standards of this Division. (3) An incentive requested as part of a development meeting the requirements of this Division shall be processed according to the following: (A) Upon an applicant’s request, development that meets the applicable requirements of this Division shall be entitled to incentives pursuant to Section 143.1010(h) unless the City makes a written finding of denial based upon substantial evidence, of any of the following: (i) The incentive is not required in order to provide for affordable housing costs, as defined in California Health and Safety Code Sections 50052.5 and 50053; (ii) The incentive would have a specific adverse impact upon public health and safety as defined in California Government Code Section 65589.5, environmentally sensitive lands, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low income and moderate income households; (iii) The incentive would be contrary to state or federal law. Requested incentives shall be analyzed in compliance with the California Environmental Quality Act as set forth in Chapter 12, Article 8, and no incentive shall be granted without such compliance; or (iv) Within the Coastal Overlay Zone, the incentive would be inconsistent with the resource protection standards of the City’s Local Coastal Program or the environmentally sensitive lands regulations, with the exception of density. (B) The granting of an incentive shall not require a General Plan amendment, zoning change, a development permit, or other discretionary approval. (C) When a development permit is otherwise required, the decision to deny a requested incentive shall be made by the decision maker for the development permit. (4) The number of incentives available are as follows: (A) Two incentives for a development that includes at least 20 percent of the pre-density dwelling units for lower income households. (B) Three incentives for a development that includes at least 30 percent of the pre-density dwelling units for lower income households, with at least 20 percent reserved for very low income households. (C) Four incentives for a development in which at least 40 percent of the covenant-restricted dwelling units are at least three bedrooms. (D) Five incentives for a development that includes 100 percent of the total dwelling units, exclusive of a manager’s unit(s), for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total dwelling units in the development may be for moderate income households, as defined in Section 50053 of the Health and Safety Code. (i) Affordable Housing waivers may be granted, except that waivers cannot be used to deviate from the requirements of this Division. An applicant utilizing the regulations in this Division shall be entitled to a waiver as described in Section 143.1010(i) for any development for which a written agreement and a deed of trust securing the agreement is entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission. (1) A waiver means a request by an applicant to waive or reduce a development standard that physically precludes construction of development meeting the criteria of this Division. (2) Upon an applicant’s request, development that meets the applicable requirements of this Division shall be entitled to a waiver unless the City makes a written finding of denial based upon substantial evidence, of any of the following: (A) The waiver would have a significant, quantifiable, direct, and unavoidable impact upon health or safety for which there is no feasible method to mitigate or avoid the impact; (B) The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources; (C) The waiver would be contrary to state or federal law. Requested waivers shall be analyzed in compliance with the California Environmental Quality Act as set forth in Chapter 12, Article 8, and no waiver shall be granted without such compliance; or (D) Within the Coastal Overlay Zone, the waiver would be inconsistent with the resource protection standards of the City’s Local Coastal Program or the environmentally sensitive lands regulations, with the exception of density. (E) Within the Airport Land Use Compatibility Overlay Zone, the waiver would be inconsistent with any of the noise compatibility, safety compatibility, aircraft overflight notification requirements, or airspace protection compatibility regulations in Sections 132.1510 through 132.1525. (3) The granting of a waiver shall not require a General Plan amendment, zoning change, development permit, or other discretionary approval. (4) There is no limit on the number of waivers an applicant may request. (j) Compliance with the regulations in this Division shall satisfy compliance with the City’s Inclusionary Affordable Housing Regulations in Chapter 14, Article 2, Division 13, and the applicant’s affordable housing obligations. (“Incentives in Exchange for Transit Priority Area Affordable Housing and Infrastructure Amenities” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Retitled from “Incentives in Exchange for Transit Priority Area Affordable Housing and Infrastructure Amenities” to “Incentives in Exchange for Sustainable Development Area Affordable Housing and Infrastructure Amenities” on 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.) [Editors Note: Amendments as adopted by O-22050 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22050-SO.pdf ] (Retitled from “Incentives in Exchange for Sustainable Development Area Affordable Housing and Infrastructure Amenities” to “Incentives in Exchange for Affordable Housing and Infrastructure Amenities” and amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1015 Required Provision of Affordable Dwelling Units

§143.1015 Required Provision of Affordable Dwelling Units (a) In accordance with Section 143.1002(a)(1), an applicant requesting application of the regulations in this Division shall provide a written agreement to provide affordable dwelling units, entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission and secured by a deed of trust, that meets the following requirements: (1) Provides at least 15 percent of rental dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, for rent by very low income households at a cost, including an allowance for utilities, that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size. (2) Provides at least 15 percent of the rental dwelling units in the development, excluding any additional dwelling units allowed under the floor area ratio bonus, for rent by moderate income households, including an allowance for utilities, that does not exceed 30 percent of 120 percent of the area median income, as adjusted for household size. (3) Provides at least 10 percent of the rental dwelling units in the development, excluding any additional dwelling units allowed under the floor area ratio bonus, for rent by low income households, including an allowance for utilities, that does not exceed 30 percent of 60 percent of the area median income, as adjusted for household size. (4) As an alternative to the requirements in Section 143.1015(a)(1)-(3), an applicant may meet one of the following requirements: (A) Provide at least 40 percent of the rental dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, for rent by very low income households at a cost, including an allowance for utilities that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size; or (B) Provide 100 percent of the total dwelling units, excluding any managers units, in the development for rent by low income households, including an allowance for utilities that does not exceed 30 percent of 60 percent of the area median income, as adjusted for household size; or (C) Provide 100 percent of the rental dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, for rent by moderate income households at a cost, including an allowance for utilities that does not exceed: (i) 30 percent of 80 percent of the area median income, as adjusted for household size for at least 50 percent of the required rental dwelling units; and (ii) 30 percent of 120 percent of the area median income, as adjusted for household size for the remainder of the required rental dwelling units. (5) The number of required affordable dwelling units for development located in FAR Tier 1 shall be determined by multiplying the proposed number of dwelling units in the development with the maximum base floor area ratio, illustrated in Figure H of the Centre City Planned District Ordinance in Chapter 15, Article 6, Division 3, then dividing by the proposed floor area ratio of the development and multiplying by the percentages of affordable dwelling units required in Section 143.1015(a)(1-3) or 143.1015(a)(4). (6) For rental dwelling units to be counted as affordable and meet the requirements of this Division, the following qualifying criteria shall be met: (A) The affordable dwelling units shall be designated be comparable in bedroom mix and amenities to the market-rate dwelling units in the development, as determined by the San Diego Housing Commission, except that the affordable dwelling units shall not be required to exceed three bedrooms per dwelling unit. The affordable dwelling units shall have access to all common areas and amenities provided by the development if the affordable dwelling units are provided in the development. The square footage and interior features of the affordable dwelling units shall be good quality and consistent with current building standards for new housing in the City of San Diego. (B) The affordable dwelling units shall remain available and affordable for a period of at least 55 years, unless 100 percent of the dwelling units in the development are affordable and the development is owned and operated by an institution of higher education, including a community or junior college, college or university, or a religious institution-affiliated housing development project, as defined in California Government Code Section 65913.6, in which case the affordable dwelling units shall remain available and affordable for a period of at least 25 years. (7) As an alternative to the requirements in Section 143.1015(a)(1)-(3) or 143.1015(a)(4) to provide the required rental dwelling units onsite, the required rental dwelling units may be provided on a different premises from the development subject to all the following requirements: (A) The required rental dwelling units shall be located on a receiver site that is located within a Sustainable Development Area and one of the following Resource Opportunity Areas identified by the California Tax Credit Allocation Committee when the development application is deemed complete: (i) High Resource Opportunity Areas; (ii) Highest Resource Opportunity Areas; (iii) Moderate Resource Opportunity Areas located in the same community planning area and Council District of the premises of the development; or (iv) Moderate Resource Opportunity Area within three miles of the premises of the development. (B) The required affordable dwelling units shall be comparable in bedroom mix to the market-rate dwelling units in the development and the affordable dwelling units shall have access to generally comparable amenity types offered in the development, as reasonably determined by the San Diego Housing Commission. The interior features of the affordable dwelling units shall be good quality and consistent with current building standards for new housing in the City of San Diego. Amenities shall meet or exceed California Tax Credit Allocation Committee requirements for common areas and play/recreational facilities, if applicable, as reasonably determined by San Diego Housing Commission. (C) The applicant shall pay a fee to the “Neighborhood Enhancement Fund,” as established by San Diego Resolution R-313282 (Nov. 17, 2020), calculated based on the square feet of lot area for the development premises and the premises for the receiver site for the required rental dwelling units. The fee to the “Neighborhood Enhancement Fund” for the receiver site shall not exceed the amount of the fee for the development premises. (D) A final inspection shall not occur for the development until a deed of trust for the affordable dwelling units located at the receiver site has been entered into by the applicant and the President and the Chief Executive Officer of the San Diego Housing Commission. (E) The applicant shall record a deed restriction prior to the issuance of the first Building Permit for the development that: (i) Documents the required number of affordable dwelling units to be provided; and (ii) Assigns foreclosure rights of the development premises to the San Diego Housing Commission as follows: For new development, if the affordable dwelling units have not received a certificate of occupancy within 54 months of the issuance of the first Building Permit. For an existing structure, if the affordable dwelling units have not received a certificate of occupancy within 36 months of the issuance of the first Building Permit. (b) Nothing in this Division shall preclude an applicant from using affordable dwelling units newly constructed or rehabilitated by another applicant to satisfy the requirements of this Division, including contracting with an affordable housing developer with experience obtaining tax-exempt bonds, low income housing tax credits, and other competitive sources of financing, upon approval by the San Diego Housing Commission. The applicant shall cause the off-site affordable deed-restricted dwelling units to be newly constructed or rehabilitated in accordance with Section 142.1304(c)(5) or Section 142.1307. (“Required Provision of Affordable Dwelling Units” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1016 Required Provision of For-Sale Affordable Dwelling Units

§143.1016 Required Provision of For-Sale Affordable Dwelling Units (a) In accordance with Section 143.1002(a)(1), an applicant requesting application of the regulations in this Division shall provide a written agreement to provide for-sale affordable dwelling units, entered into by the applicant and the President and Chief Executive Officer of the San Diego Housing Commission secured by a deed of trust that meets the following requirements: (1) Provides at least 15 percent of the dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, affordable to very low income households at a cost that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size; (2) Provides at least 15 percent of the dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, affordable to moderate income households at a cost that shall not be less than 28 percent of the gross income of the household, that does not exceed 35 percent of 110 percent of the area median income, as adjusted for household size; and (3) Provides at least 10 percent of the dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, affordable to low income households at a cost that does not exceed 30 percent of 70 percent of the area median income, as adjusted for household size. (4) As an alternative to the requirements in Section 143.1016(a)(1)-(3), an applicant may meet one of the following requirements: (A) Provide at least 40 percent of the dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, affordable to very low income households at a cost that does not exceed 30 percent of 50 percent of the area median income, as adjusted for household size; or (B) Provide at least 100 percent of the dwelling units in the development, excluding any additional dwelling units allowed under a floor area ratio bonus, affordable to moderate income households at a cost, including an allowance for utilities that does not exceed: (i) 30 percent of 80 percent of the area median income, as adjusted for household size for at least 50 percent of the required for-sale dwelling units; and (ii) 30 percent of 120 percent of the area median income, as adjusted for household size for the remainder of the required for-sale dwelling units. (C) The number of required affordable dwelling units for development located in FAR Tier 1 shall be determined by multiplying the proposed number of dwelling units in the development with the maximum base floor area ratio, illustrated in Figure H of the Centre City Planned District Ordinance in Chapter 15, Article 6, Division 3, then dividing by the proposed floor area ratio of the development and multiplying by the percentages of affordable dwelling units required in Section 143.1016(a)(1)-(3) or Section 143.1016(a)(4), as applicable. (5) For-sale dwelling units to be counted as affordable and meet the requirements of this Division, shall meet the following qualifying criteria: (A) The affordable dwelling units shall be comparable in bedroom mix and amenities to the market-rate dwelling units in the development, as determined by the San Diego Housing Commission, except that the affordable dwelling units shall not be required to exceed three bedrooms per dwelling unit. The affordable dwelling units shall have access to all common areas and amenities provided by the development. The square footage and interior features of the affordable dwelling units shall be consistent with current building standards for new housing in the City of San Diego. (B) The initial occupant of all for-sale affordable dwelling units shall be a very low income, low income, or moderate income household. (C) Prior to, or concurrent with, the sale of each affordable dwelling unit, the applicant shall require the buyer to execute and deliver a promissory note in favor of the San Diego Housing Commission, so that the repayment of any initial subsidy is ensured. (D) Each for-sale dwelling unit shall be occupied by the initial owner at all times until the resale of the dwelling unit. (E) Upon the first resale of a dwelling unit, the seller shall comply with all conditions regarding the sale of a dwelling unit, as applied by the San Diego Housing Commission, and as set forth in California Government Code section 65915(c)(2). (6) As an alternative to the requirements in Section 143.1016(a)(1)-(3) or Section 143.1016(a)(4) to provide the required for-sale dwelling units on-site, the required for-sale dwelling units may be provided on a different premises from the development subject to all the following requirements: (A) The required for-sale dwelling units shall be located on a receiver site that is located within a Sustainable Development Area and one of the following Resource Opportunity Areas identified by the California Tax Credit Allocation Committee when the development application is deemed complete: (i) High Resource Opportunity Area; (ii) Highest Resource Opportunity Area; (iii) Moderate Resource Opportunity Area located in the same community planning area and Council District of the premises of the development; or (iv) Moderate Resource Opportunity Area within three miles of the premises of the development. (b) Nothing in this Division shall preclude an applicant from using affordable dwelling units newly constructed or rehabilitated by another applicant to satisfy the requirements of this Division, including contracting with an affordable housing developer with experience obtaining tax-exempt bonds, low income housing tax credits, and other competitive sources of financing, upon approval by the San Diego Housing Commission. The applicant must cause the off-site affordable deed-restricted dwelling units to be newly constructed or rehabilitated in accordance with Section 142.1304(e)(5) or Section 142.1307. (“Required Provision of For-Sale Affordable Dwelling Units” added 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1020 Required Provision of Infrastructure Amenities

§143.1020 Required Provision of Infrastructure Amenities In accordance with Section 143.1002(a)(2), an applicant requesting application of the regulations in this Division shall provide infrastructure amenities as follows: (a) Neighborhood Enhancement Fund. All developments shall pay a fee to the “Neighborhood Enhancement Fund”, as established by City Council Resolution R-313282. (b) Public Space alternative. In lieu of the fee described in Section 143.1020(a), development on a premises of at least 25,000 square feet shall construct public amenities in the form of a public space, excluding a podium. (1) Prior to the issuance of any Building Permit, the applicant shall hold at least two community workshops to provide information and receive feedback on the public space design. (2) A notice describing the public space shall be posted in a prominent and accessible location within a common area of the development or parcel adjacent to the public space where it can be viewed by the public. The notice shall include contact information of the applicant and a statement that the public space is required under the San Diego Municipal Code. (3) Prior to issuance of a Certificate of Occupancy, the applicant shall provide the City Manager documentation that all required on-site public amenities have been constructed and are operational. (4) The applicant shall record a public recreation easement against all parcels comprising the premises of the development, to the satisfaction of the City Manager. (5) The applicant shall record a maintenance agreement ensuring that the required on-site public amenities are maintained in perpetuity. (6) Development that includes a public space in accordance with Section 143.1020 shall be exempt from requirements to provide private or common open space for the residential dwelling units. (7) A public space shall adjoin or have direct access to the public right-of-way. The public space shall meet the following standards and shall be exempt from Council Policy 600-33. (A) The public space shall be at least 4,000 contiguous square feet. (B) The public space shall have signs indicating it is open to the public and the hours of accessibility. (C) The public space shall be at a minimum publicly accessible from 7:00 a.m. to 7:00 p.m. The public space shall include landscape designs that provide viewable surveillance, including visibility from surrounding properties, with plantings controlled to allow clear sight lines into the public space. (D) A minimum of 50 percent of a public space shall be free of physical barriers or obstructions, such as walls or gates. (E) Garage entrances, driveways, parking spaces, passenger drop-offs, loading berths, trash storage facilities, utility boxes, as well as the access or service for these facilities are not permitted within the public space. (F) The public space shall be accessible from at least one abutting public street and all building entrances that front the public space by a pedestrian path that is at least 4 feet wide. (i) The pedestrian path shall be continuous, clear of obstructions and visually distinguishable from other hardscaping. (ii) Pedestrian paths shall be separated from vehicular access areas by wheel stops, curbs, landscaping, or other physical barriers, except when crossing driveways or aisles. (G) Landscaping shall be provided as follows: (i) At least one, 24-inch box canopy form tree is required for each 500 square feet of public space. (ii) At least 15 percent and not to exceed 20 percent of the public space area shall be comprised of planting, which can include hanging plants, planting beds or living walls. (H) Lighting shall be provided to ensure adequate visibility, and the lighting design shall be coordinated with lighting used in the public right-of-way and with the building’s architectural lighting. (I) Wayfinding signage shall be prominently displayed near the public right-of-way that directs pedestrians and cyclists to nearby attractions and transit connections. Attractions include recreational facilities, such as public parks, trails, or recreation centers; landmarks; and community assets, such as libraries or community centers. (J) Seating shall be provided in the public space. This may be satisfied by providing moveable seats, fixed individual seats, benches with or without backs, and design feature seating, such as seat walls, ledges, and seating steps. (K) One trash receptable and one recycling container shall be provided for every 4,000 square feet of the public space. (L) At least one of the following recreation amenities must be provided: (i) Playground equipment; (ii) Fitness circuit equipment; (iii) Game equipment, such as a bocce ball court or an oversized chess set; (iv) Basketball court (half or full court); (v) Rock climbing wall; or (vi) Skate plaza. (M) At least one of the following additional amenities must be provided: (i) Water feature; (ii) Recreational interactive art installation; (iii) Food and beverage kiosk; (iv) Parkour course; (v) Pump track; or (vi) At least four (4) educational kiosks. (N) Patios, tables, and seating operated by on-site commercial tenants may be included within the public space, if they are accessible to the public during non-business hours and are limited to no more than 20 percent of the public space. (O) The development may utilize the public right-of-way adjacent to the public space to implement the standards required in Section 143.1020(b)(7)(I)–(M). Utilization of the public right-of-way is subject to an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715. If the applicant is required to remove the amenities within the public right-of-way, they shall be replaced within the public space on the premises. (“Required Provision of Infrastructure Amenities” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (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.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.) [Editors Note: Amendments as adopted by O-22050 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22050-SO.pdf ]

San Diego Municipal Code § 143.1025 Supplemental Development Regulations

§143.1025 Supplemental Development Regulations Development utilizing the regulations in this Division must comply with the following Supplemental Development Regulations and may not utilize the waivers provided in Section 143.1010(g) to deviate from the requirements in Section 143.1025. (a) Pedestrian Circulation Space. All development shall include the following pedestrian circulation improvements: (1) Urban Parkway Requirements. The applicant shall provide an urban parkway that is at least 14 feet in width measured from the face of the curb or at a width required per Section 142.0670(a)(4), whichever is greater. For a premises that is less than 25,000 square feet, an applicant may elect to provide a bicycle repair station, a wayfinding sign, public seating, a public drinking fountain or a smart kiosk, in lieu of an urban parkway. All development in Section 143.1025 shall meet the minimum parkway requirements in Section 142.0670(a)(4). (A) Clear Path. The urban parkway shall include a clear path of travel, free of obstructions and be at least 8 feet in width. This shall be a public concrete paved walkway that is specifically designed for pedestrian travel. It excludes any area primarily designed for use by vehicles or the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand; and (B) Buffer Area. The urban parkway shall include a buffer area to separate the clear path from the parking, driving, or vehicular travel lane. The buffer area shall be at least six feet in width and shall include street trees, which may be located within tree grates or a continuous planter strip in accordance with Section 142.0670(a)(4). (C) An applicant may meet the urban parkway minimum width requirement in Section 143.1025(a)(1) by providing a public space fronting the urban parkway if all the following requirements are met: (i) Up to four feet of the urban parkway may be satisfied through the provision of a public space fronting the urban parkway, so long as the minimum parkway requirements in Section 142.0670(a)(4) and Community Plan Implementation Overlay Zone regulations in Chapter 13, Article 2, Division 14, or Community Enhancement Overlay Zone regulations in Chapter 13, Article 2, Division 16, if applicable, are met; (ii) Any portion of the parkway used to meet the urban parkway width requirement shall not be used to meet the public space alternative requirement in Section 143.1020(b); (iii) The applicant shall record a maintenance agreement ensuring that the public space shall be maintained in perpetuity; (iv) The public space shall be accessible to the public at all times; (v) The public space fronting the urban parkway shall use different paving material from the urban parkway to delineate the area; (vi) The applicant for the development shall record a pedestrian access easement for the public space fronting the urban parkway to the satisfaction of the City Engineer; (vii) A minimum of one sign indicating the public space is open to the public shall be provided for at least every 200 feet of street frontage; and (viii) An upper story of a building with a finish floor elevation of more than 25 feet above a public space may have balconies, building elements, or habitable space that shall only project over the public space fronting the urban parkway. (2) Street trees. At least one, 24-inch box canopy form tree is required for each 20 feet of street frontage. The street frontage excludes curb cuts and required clearances for designated bus stops. The installed tree spacing and location may be varied to accommodate site conditions or design considerations. (3) Above-ground utility placement within the sidewalk and/or pedestrian path is prohibited. (4) Each dwelling unit on the ground floor fronting a public right-of-way or a private drive shall have a separate ground floor entrance or path adjacent to the public right-of-way or a private drive. (b) Communities of Concern. For all development within Communities of Concern, prior to the issuance of any Building Permit, the applicant shall hold at least two community workshops to provide information and receive feedback on the development design. (c) Standards for Buildings over 95 feet in Height of Premises over 20,000 Square Feet in Area. For the purposes of Section 143.1025, bulk and scale are divided into the two main areas of the building base and the tower. Buildings over 95 feet in height located on a premises over 20,000 square feet in area, outside of the Centre City Planned District, shall comply with the following requirements: (1) For a development that includes one or more structures over 95 feet in height, or development which exceeds the height limit of the base zone, whichever is greater, a Neighborhood Development Permit decided in accordance with Process Two is required. (2) For the purposes of Section 143.1025, building base means the structural envelope located immediately above existing grade, proposed grade, or a basement. The maximum height of the building base shall be 95 feet. (3) The minimum height of the street wall shall be 30 feet. (4) A street wall shall be provided for 70 percent of the building frontage along the public right-of-way, with the following exceptions, which may be subtracted from the length of the frontage: (A) Publicly or privately-owned plazas, promenades, or public spaces; (B) Courtyard entrances up to 30 feet wide for residential uses; (C) Recessed entrances up to a maximum of 25 feet in width and a maximum of 15 feet in depth; (D) Entries into interior or auto courts, or auto drop-offs may be allowed behind the required street wall; and (E) Areas where the existing grade of the public right-of-way differs from the building pad by more than two feet. (5) For the purposes of Section 143.1025, tower means the structural envelope located immediately above the building base to the top of the building. (A) The maximum lot coverage of the tower shall be 75 percent of the lot coverage of the building base. (B) Within a single development, towers shall be separated by a minimum of 50 feet. (6) Development must comply with the private open space and common open space requirements of the applicable base zone or Planned District. (d) Buffer from Adjacent Freeways. Development, except for development within the Centre City Planned District, on a premises within 50 feet of a freeway shall comply with the following: (1) A 10-foot minimum landscaped buffer shall be provided between the residential and commercial uses and the freeway; and (2) Outdoor areas such as patios, parks, plazas, and other common spaces used by residents, customers, or members of the public shall be oriented away from the freeway. (e) Transition to Adjacent Residential Single-Unit Zones. Development on a premises directly adjacent to a Residential Single--Unit (RS) zone where an existing dwelling unit is located on the adjacent premises, shall comply with the following criteria: (1) The height incentive shall be limited to a height increase of up to 3 stories or 33 feet above the height limit of the base zone, whichever is less. (2) Incorporate a transition plane in the development that does not exceed a 65-degree angle. No building, architectural projection or encroachment may extend into the transition plane. The transition plane for the development shall be measured from the existing grade of the shared property line with the RS zone. Where the shared property line is a rear property line, the transition plane shall extend 1/3 of the lot depth or 25 feet, whichever is less. Where the shared property line is a side property line, the transition plane shall extend 1/3 of the lot width or 25 feet, whichever is less. (“Supplemental Development Regulations” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 9-21-2022 by O-21528 N.S; effective 10-23-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.) [Editors Note: Amendments as adopted by O-22050 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22050-SO.pdf ] (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]

San Diego Municipal Code § 143.1030 Division Inapplicability

§143.1030 Division Inapplicability This Division shall be applicable and effective for all eligible premises located in all community planning areas, except for in those community planning areas that contain any portion of a Community of Concern, the Division shall only be applicable and effective until the community planning areas have reached 80 percent of the housing capacity identified for the community planning area in the City’s Adequate Sites Inventory in the General Plan Housing Element, as determined by the Planning Director, or nine years from the effective date, whichever is later, unless an extension is approved by the City Council. (“Division Inapplicability” added 12-9-2020 by O-21275 N.S.; effective 1-8-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art03Division10.pdf#page=1Fetched: 10/28/2026