Division 1 — General Review Procedures for Previously Conforming Premises and Uses (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

§127.0103 Decision Process for Previously Conforming Premises and Previously Conforming…

San Diego Zoning Code · 2026-06 edition · updated 2026-07-25 · San Diego

The decision process for approval of proposed development or activity varies based on the previously conforming aspects of the development , as shown in Table 127-01A. If the proposed development includes more than one previously conforming aspect, all corresponding regulations, as described in Sections 127.0104 through 127.0109, apply.

Table 127-01A

Decision Process for Previously Conforming Premises and Uses[1]

Type ofDevelopment Proposal	Process One Approval Required	Process Two Approval Required	Process Two Approval Required	Process Two Approval Required	Process Two Approval Required
Maintenance, repair, alteration or replacement in accordance with Section 127.0104
Of a_previously conforming structural_ envelope	If a Coastal Development Permit is not required pursuant to Section 126.0704(b)	If a Coastal Development Permit is required pursuant to Section 126.0704(b)
Of a_structure_on a_premises_with_previously_ conforming density
Of a_structure_containing a_previously_ _conforming_use	If removal of less than 50 percent of the exterior walls of a_structure_ containing a_previously_ _conforming_use	If removal of 50 percent or more of the exterior walls of a_structure_ containing a_previously_ _conforming_use
Reconstruction (following fire, natural disaster, act of the public enemy) in accordance with Section 127.0105
Of a_previously conforming structural_ envelope	If the new_structure_would not exceed_the gross floor_ _area_or_height_of the destroyed_structure_by more than 10 percent and the_structure_would be located in substantially the same location as the destroyed_structure_or in a location that would reduce the level of non- conformity	If the new_structure_would exceed the_gross floor_ _area_or_height_of the destroyed_structure_by more than 10 percent or the_structure_would be located in a substantially different location as the destroyed_structure_that would not reduce the level of non-conformity
Of a_structure_on a_premises_with_previously_ conforming density
Of a residential_structure_with a_previously_ _conforming_use
Of a non-residential_structure_with a _previously conforming_use and resumption of the use	If less than 50 percent of the_structure’s_exterior walls were destroyed	If 50 percent or more of the_structure’s_exterior walls were destroyed
			Ch. Art. Div.
			12	7	1	3

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2026)

Type ofDevelopment Proposal	Process One Approval Required	Process Two Approval Required
Expansion/enlargement in accordance with Sections 127.0106 and 127.0109
Of a_previously conforming structural_ envelope	If new construction conforms with current development_regulations for_setbacks,floor area ratio, and_structure height_ and does not increase the level of non-conformity; or the expansion or enlargement is necessary to incorporate required public exits or fire walls to bring a_multiple_ dwelling unit development or non-residential development structure into compliance with the California Building Code or Fire Code	If proposed_development_ in the_setback_meets the criteria specified in Section 127.0106(b)
Of a_structure_on a_premises_with_previously_ conforming density
Of a_previously conforming_use	N/A	If an increase in floor area to a_previously_ conforming_use (up to a maximum of 20 percent expansion of_gross floor _area_of the existing structure_or up to the maximum_floor area ratio of the underlying base zone, whichever is less)
Change in use of_previously conforming_uses in accordance with Section 127.0107
	If a change to another _previously conforming_use within the same use category	N/A
Resumption of a_previously conforming_use after a 127.0108(d)	temporary discontinuance in accordance with Section
	If resumption of a _previously conforming_use within two years after discontinuance	If resumption of a _previously conforming_use after two or more years after discontinuance

Ch. Art. Div. 12 7 1 4

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2026)

Footnote to Table 127-01A

1 Development that does not meet the criteria for a Process One or Process Two approval shall comply with all current regulations and the previously conforming aspect of the premises shall terminate.

(Amended 6-12-2001 by O-18948 N.S.; effective 12-12-2001.) (Amended 6-15-2007 by O-19624 N.S.; effective 7-15-2007.) (Retitled to “Decision Process for Previously Conforming Premises and Previously Conforming Uses” and amended 5-5-2015 by O-20482 N.S.; effective 6-4-2015.)

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