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San Diego, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

State law
Gov. Code §65915
Local code
SDMC §142.1305
Max bonus
Up to 50 percent
Affordability term
55 years recorded
Process
Administrative DSD review

Summary

California Government Code §65915 and SDMC §142.1305 grant up to 50 percent additional density, parking reductions, and waivers when developers reserve units for very-low, low, or moderate-income households or seniors.

65915. (a) (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section.

Source: SDMC §142.1305 Density BonusView official code

Full Breakdown

California's State Density Bonus Law in Gov. Code §65915 entitles developers to bonus density and incentives based on the share of restricted-affordable units. AB-1287 (2023) raised the maximum bonus to 50 percent for projects mixing very-low and moderate-income units. San Diego implements the program at SDMC §142.1305, allowing waivers from height, floor-area, lot-coverage, and parking standards when needed to make affordable units feasible. The Affordable Housing Density Bonus is processed administratively by Development Services if requirements are met. Coastal Zone projects must still secure a Coastal Development Permit. Additional Affordable Homes Bonus Program permits projects of 100 percent affordability with even greater concessions, and SB-330 protects approved projects from later changes in standards.

Violations & Fines

Cities cannot deny qualifying density bonus requests under Gov. Code §65915 unless specific findings are made. Owners failing to maintain affordability covenants face deed-restriction enforcement, Department of Housing audits, and recapture of subsidies through HUD or California HCD.

Frequently Asked Questions

How many affordable units trigger a 50 percent bonus?
Under amended Gov. Code §65915, projects providing 15 percent very-low-income units plus a defined moderate-income tier qualify for a 50 percent density bonus, plus up to four concessions and unlimited waivers when needed.
Can the city deny a density bonus request?
Only with specific written findings supported by substantial evidence of an adverse health or safety impact. The default is approval if state law thresholds and SDMC procedural requirements are met.

Sources & Official References

Other rules in San Diego

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