Details

Title	Municipal Code (San Diego)
Highlights	San Diego implicitly recognized that development fees have a negative impact on housing affordability.   San Diego allows fee reductions or deferrals for affordable housing.                       San Diego implicitly recognized that the zoning code did not provide sufficient incentives to create affordable housing.   San Diego’s code contains fees that promote affordable housing, several residential accessory uses, an inclusionary zoning ordinance and density bonuses.
Description	San Diego’s Municipal Code contains a number of provisions that impact affordable housing. San Diego requires developers of new housing pay a park and recreation facilities fee. The fee is due when the City issues a building permit to create a dwelling or to add additional dwellings to an existing unit. Additional regulations relating to this fee are contained in Chapter 09 Article 06 Division 04. In addition to parks fees, the City requires developers pay the City a fee to subsidize low- and very low-income employees who are expected to reside in the City as a result of the development. These regulations apply to all new non-residential development. The City allows developers to donate air rights or land in lieu of the housing fee. Additional regulations are found in Article 8, Division 6 Housing Impact Fees On Commercial Development. The code establishes separate public facility development regulations for different sections of the City. The City identifies four types of facilities; those that currently exist but will need additional capacity, new facilities that serve the general community as well as the Carmel Valley community, and facilities either located in or outside the community that are intended to serve community residents. The code describes the process for providing or financing each type of facility. In addition the code lists a number of conditions that the City and the developer must meet before the City can approve a final subdivision map. Other Planned District regulations are found in Chapter 10 Article 3. San Diego allows a number of residential uses in single-family districts that have an impact on affordable housing. It allows boarder and lodger accommodations as an accessory use. No more than two boarders or lodgers can occupy the primary dwelling [Section 141.0301]. The City also allows “Companion Units” as an accessory use to a single dwelling unit. The owner must live in either the primary or companion unit and only one companion unit is permitted on the premises. Additional regulations are found in Section 141.0302. The City also allows employee housing as an accessory use. No more than six persons including family members can occupy the dwelling and the employee must qualify for a permit to operate under Health and Safety Code Section 17030. San Diego also allows guest quarters that do not have direct access to the primary dwelling [Section 141.0306]. San Diego also allows certain home occupations in single-family zoned areas. In order to qualify the home occupation must be conducted within an enclosed structure on the premises, only have a resident engaged in the occupation, and can only be open between 8:00 a.m. and 5:00 p.m. The City lists other requirements in Section 141.0308. The City also allows live/work quarters in buildings originally designed for industrial or commercial occupancy. The floor area for such a space shall be at least 750 square feet. The City only allows an artist, artisan or a family with an artist or artisan to live in the quarters. Other regulations are contained in Section 141.0311. San Diego also has an inclusionary zoning ordinance that requires each development to have a portion of the units affordable to targeted households. Each development must have at least 10 percent of the total dwelling units affordable. This requirement is for both rental and for sale units. The code provides a number of methods for satisfying these requirements including on-site housing, off-site housing and fees in lieu of housing. The affordable rental units must be comparable to market rate units, must be affordable to low- and moderate-income households, and must remain affordable for at least 55 years. Affordable for sale units have similar restrictions. Additional regulations for the inclusionary zoning ordinance are contained in Chapter 14, Article 2, Division 13. The City offers developers incentives for creating affordable housing. These incentives consist of density bonuses to allow the developer to increase residential densities if a portion of the total dwelling units are reserved for low- or very-low income households or the elderly. There are separate requirements for rental and for sale housing. The housing must remain affordable for at least 10 years or 30 years if additional incentives are provided. These additional incentives include: a density bonus of more than 25 percent, fee reductions or deferrals, direct financing assistance or a deviation from applicable development regulations. Additional regulations are contained in Article 3, Division 7 The City also promotes affordable infill development. The regulations applicable to infill development apply if the units are rent and income restricted, are occupied by active military personnel or are part of a sustainable buildings development. Additional provisions are contained in Chapter 14, Article 3, Division 9.
Publication Date	2003
Organization	City of San Diego, California
Web Location	http://clerkdoc.sannet.gov/Website/mc/mc.html

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.