Guest Quarters or Habitable Accessory Buildings
San Diego Municipal Code § 141.0307
in effect§141.0307 Guest Quarters or Habitable Accessory Buildings
Guest quarters or habitable accessory buildings are attached or detached accessory living quarters developed of habitable construction, and located on a lot with a single dwelling unit that do not provide complete, independent living facilities and do not have direct access to the primary dwelling unit. Guest quarters or habitable accessory buildings are solely for the use of the occupants of the primary dwelling unit or their guests or employees.
Guest quarters or habitable accessory buildings may be permitted accessory to a single dwelling unit as a limited use in accordance with Process One in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.
(a) A primary dwelling unit must exist on the premises. Concurrent construction of the primary dwelling unit and the guest quarters or habitable accessory building is permitted.
(b) Guest quarters or habitable accessory buildings may occupy a maximum of 25 percent of the allowable gross floor area of the premises.
(c) Guest quarters or habitable accessory buildings may be attached to or detached from the primary dwelling unit on the premises.
(d) The gross floor area of the guest quarters or habitable accessory buildings shall be included in the floor area ratio calculation for the premises.
(e) The guest quarters or habitable accessory buildings shall not contain a kitchen or facilities for the storage and preparation of food. A bar sink and miniature refrigerator may be permitted.
(f) For guest quarters or habitable accessory buildings located above a garage or other accessory building, the maximum structure height for flat-roofed structures is 21 feet. For sloped-roofed structures with a roof pitch of at least 3:12 (3 vertical feet to 12 horizontal feet), the maximum structure height is 30 feet.
(g) Decks and staircases of not more than 3 feet in height may encroach into required yards.
(h) Roof decks, including railings, shall not exceed the height limits in Section 141.0307(f).
(i) Occupancy of a premises containing guest quarters or habitable accessory buildings shall be subject to the following:
(1) Guest quarters or habitable accessory buildings shall not be rented, leased, or sold as a separate dwelling unit.
(2) Before a Building Permit is issued for a guest quarters or habitable accessory building, the record owner shall submit a signed agreement with the City that neither the primary dwelling unit nor the guest quarters or habitable accessory building shall be sold or conveyed separately. The City will provide the agreement to the County Recorder for recordation.
(3) Guest quarters or habitable accessory buildings shall be used solely by the occupants of the primary dwelling unit, their guests, or their employees.
(Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.)
(Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.)
(Retitled from “Guest Quarters” to “Guest Quarters or Habitable Accessory Buildings” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(“Guest Quarters or Habitable Accessory Buildings” renumbered from former Section 141.0306 and amended 8-4-2016 by O-20704 N.S.; effective 8-27-2016.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
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/Ch14Art01Division03.pdf#page=24Fetched: 10/28/2026