The State Density Bonus in San Diego

San Diego applies the state density bonus law (Gov. Code 65915) through its Affordable Housing Regulations, SDMC Chapter 14, Article 3, Division 7. A project of five or more units that reserves the required share of affordable units receives a bonus, incentives and waivers, granted without a discretionary approval where the project needs no other permit.

Where it applies

Five or more units before the bonus (SDMC 143.0715), reserving the share of Table 143-07A, 143-07B or 143-07C: for example, 5 to 15 percent very low income units for a 20 to 50 percent bonus. It cannot be combined with Complete Communities Housing Solutions.

How approval works

• Every requested bonus, incentive, waiver and parking reduction is identified at application (143.0750).
• Incentives are granted without a discretionary approval, Coastal Act matters aside, and denied only on written findings (143.0740(c)(3)).
• Waivers of standards that would physically preclude the project need no development permit (143.0743(c)); they are analyzed under CEQA before they are granted.
• A written agreement with the San Diego Housing Commission, secured by a deed of trust, restricts the very low and low income units for 55 years.
• The building permit follows Process One.

100 percent affordable

A 100 percent affordable project has no unit limit in a Sustainable Development Area, a Transit Priority Area or Mobility Zone 3, with five incentives and 33 ft of added height (SDMC 143.0720(l)(7)). The City's Affordable Housing Permit Now program assigns a dedicated project manager to ministerial permits (IB-195).

Questions

Does a density bonus project in San Diego need a hearing?

Not where no other permit is required: incentives and waivers are granted without a discretionary approval and the building permit follows Process One.

How long are San Diego density bonus units restricted?

Very low and low income units are restricted for 55 years under an agreement with the San Diego Housing Commission.

Sources