Division 10 — Easement Vacations

• (“Easement Abandonments” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Retitled to “ Easement Vacations” and amended 6-18-2013 by O-20261 N.S.)

The purpose of these procedures is to establish the process and criteria to approve the vacation of public service easements and other easements granted to the public or the City of San Diego. This division establishes an alternative process to vacate public service easements as provided for by California Streets and Highways Code Section 8311 and to distinguish this alternative decision process from the process that applies by law to vacation of other easements and to the vacation of public service easements with a tentative map in accordance with the Subdivision Map Act .

(“Purpose of Easement Abandonment Procedure” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Purpose of Easement Vacation Procedures” 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.)

An applicant may request the vacation of a public service easement or other easement by application in accordance with one of the following:

• (a) Pursuant to local adopted procedures in Section 125.1030(b) as an alternative to the procedures set forth for the vacation of public service easements in the California Streets and Highways Code;

• (b) In conjunction with a tentative map application and the procedures for the vacation of public streets and easements on final maps and parcel maps pursuant to Subdivision Map Act Sections 66434(g), 66445(j), 66499.20 1/4 or 66499.20 1/2 and as set forth in Section 125.1030(a); or

• (c) A request to vacate any other type of easement as set forth in Section 125.1030(a).

(“When an Easement Abandonment May Be Initiated” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “When an Easement Vacation May Be Initiated” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

(Retitled to “When an Easement Vacation May Be Requested” and amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

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Chapter 12: Land Development Reviews

An application for vacation of a public service easement or other easement shall be filed in accordance with Section 112.0102.

(“How to Apply for an Easement Abandonment” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “How to Apply for an Easement Vacation” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

• (a) A decision on an application to vacate a public service easement requested in accordance with Section 125.1010(b) or to vacate any other type of easement requested in accordance with Section 125.1010(c) shall be made by the City Council in accordance with Process Five, except that a recommendation by the Planning Commission is not required. A Planning Commission recommendation shall not be required for a Coastal Development Permit necessary solely because the public service easement vacation is in the Coastal Overlay Zone.

• (b) A decision on an application to vacate a public service easement requested in accordance with Section 125.1010(a) shall be made in accordance with Process Two, except that the decision shall be appealable directly to the City Council.

  • (1) This process is intended to provide an alternative to other procedures provided by law for the vacation of public service easements .

  • (2) Once a public service easement vacation has been approved in accordance with this section and all appeal rights have been exhausted, the City Engineer shall execute a quitclaim deed conveying the City’s right, title and interest in the unused public service easement to the property owner.

(“Decision Process for an Easement Abandonment” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Decision Process for an Easement Vacation” 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.)

(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

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Chapter 12: Land Development Reviews

A public service easement or other easement may be vacated only if the decision maker makes the following findings :

• (a) There is no present or prospective public use for the easement, either for the facility or purpose for which it was originally acquired or for any other public use of a like nature that can be anticipated;

• (b) The public will benefit from the action through improved utilization of the land made available by the vacation;

• (c) The vacation is consistent with any applicable land use plan ; and

• (d) The public facility or purpose for which the easement was originally acquired will not be detrimentally affected by the vacation or the purpose for which the easement was acquired no longer exists.

(“Findings for a Public Service Easement Abandonment” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Findings for a Public Service Easement Vacation” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

(Retitled to “Findings for Public Service Easement and Other Easement Vacations” 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

If the vacation is approved, the City shall provide the resolution and any accompanying documents to the County Recorder for recordation. If the resolution contains conditions, it shall not be provided to the County Recorder for recordation until the City Engineer has determined that all conditions have been met. If consolidating of processing for the vacation is not required in accordance with Section 112.0103(d), the vacation must be recorded prior to the approval of any other associated construction permits or building permits . The recordation of a subdivision map pursuant to Subdivision Map Act Sections 66434(g), 66445(j), 66499.20 1/4 or 66499.20 1/2 shall have the same effect as filing a resolution of vacation.

(“Recording of Easement Abandonments” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Recording of Easement Vacations” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

Ch. Art. Div. 12 5 10 3

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Chapter 12: Land Development Reviews

(2-2017)

Article 5: Subdivision Procedures

Division 11: Naming or Renaming of Public Streets and Other Rights-of-Way (“Naming or Renaming of Public Streets and Other Rights-of-Way” added 1-23-2013 by O-20235 N.S.)

The purpose of this Division is to establish procedures for the careful selection of names for public streets and other rights-of-way to protect the public health, safety and welfare in consideration of the multi-agency computer aided dispatch service for police, fire, and paramedic vehicles and the policies and procedures of the United States Postal Service. It is the intent that the City avoid duplication and confusing similarity between public streets and other rights-of-way within the City, and with other cities and unincorporated areas in the County of San Diego.

(“Purpose of the Procedures to Name or Rename Public Streets or Other Rights-ofWay” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

Approval from the City Engineer is required for any request to name or rename public streets and other rights-of-way, which for this section includes private streets , private driveways, non-dedicated roads on City property, and alleys . The City Engineer may designate a street name coordinator to reserve and approve street names.

(“Approval Required to Name or Rename Public Streets or Other Rights-of-Way” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

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Chapter 12: Land Development Reviews

• (a) An application to assign a name to a public street or other right-of-way shall be submitted in accordance with section 112.0102 and the Land Development Manual.

• (b) Applicants requesting to change the name of an existing public street or other right-of-way shall:

  • (1) Submit an application in accordance with section 112.0102 and the Land Development Manual; and

  • (2) Submit documentation to the satisfaction of the City Engineer that a petition for the proposed name change was circulated to all property owners and tenants with either abutting property or property with an address on the affected segment of an existing public street or other right-of-way. The applicant shall demonstrate upon application that the circulated petition contains signatures indicating at least 25 percent support from affected property owners and tenants.

(“How to Apply for Approval to Name or Rename Public Streets or Other Rights-ofWay” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

To protect the public health, safety, and welfare, names for public streets and other rights-of-way must comply with the street naming standards in the Land Development Manual.

(“General Regulations” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

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Chapter 12: Land Development Reviews

(2-2017)

• (a) A decision on a request to name a new public street or other right-of-way shall be made by the City Engineer in accordance with Process One, except that a decision of the City Council shall be required for:

  • (1) Any request to name a public street or other right-of-way after an individual using the first and last name of that individual; and

  • (2) Any request by an applicant for a public street or other right-of-way name that, in the opinion of the City Engineer, does not comply with the street naming standards in the Land Development Manual.

• (b) A request to change the name of an existing public street or other right-ofway shall be made in accordance with the following:

  • (1) The decision on a request for a proposed name change that is supported by a petition containing signatures indicating 100 percent support from all affected property owners and tenants described in section 125.1110(b)(2) shall be made by the City Engineer in accordance with Process One.

  • (2) Where the circulated petition contains signatures indicating less than 100 percent support from all affected property owners and tenants described in section 125.1110(b)(2), the decision shall be made by the City Council. The request shall be processed in accordance with Process Five, except that a Planning Commission recommendation hearing shall not be required prior to a City Council decision.

• (c) Where a decision is required by the City Council in accordance with section 125.1120(a) or (b), the Council shall deny any request for a name that would adversely affect the multi-agency computer aided dispatch service for police, fire, and paramedic vehicles or the policies and procedures of the United States Postal Service.

(“Decision Process for Applications to Name or Rename Public Streets or Other Rights-of-Way” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

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Chapter 12: Land Development Reviews

• (a) Names for new public streets or other rights-of-way may be reserved through the approval of a tentative map and will be reserved for the life of the tentative map .

• (b) Names for public streets or other rights-of-way may also be reserved for up to three years by submitting an application to the City Engineer in accordance with section 125.1110.

• (c) Names reserved for public streets or other rights-of-way shall become effective upon recordation of the associated map, drawing or deed.

(“Effective Date of Decision to Name or Rename Public Streets or Other Rights-of-Way” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)

• (a) The City Council may name sections of streets not exceeding one block in length in honor and recognition of individuals or organizations that are of particular importance to the City of San Diego or have made significant contributions to improving the quality of life in the City. The honorary naming of streets under this section is separate and distinct from the process for naming or renaming streets provided by this Division and shall not replace, supersede, or otherwise affect existing names of streets .

• (b) The criteria and procedure for selecting those individuals and organizations for recognition with honorary street names and the design standards for the accompanying signs shall be provided by Council Policy.

• (c) Notwithstanding the provisions of Chapter 14, Article 2, Division 12, signs for honorary street names may be placed in streets . Signs for honorary street names shall be clearly distinguishable from official street name signs by color, use of the word “honorary” in the legend, or by other design aspects.

• (“Honorary Street Names” added 1-18-2017 by O-20783 N.S.; effective 2-17-2017.)

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Chapter 12: Land Development Reviews

(2-2025)

Article 6: Development Permits (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Division 1: General Development Permit Procedures (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to provide a review for the types of developments where the applicable regulations may need to be supplemented by project-specific conditions. Development review is not required for all projects. When development review is required, the intent is to provide review at the conceptual or schematic design stage preceding issuance of construction permits . A variety of development permits are provided with varying levels of review to address the variety in size, location, and complexity of developments throughout the City.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The following permits require development review and the development permit procedures apply to these permits: Neighborhood Use Permits, Conditional Use Permits, Neighborhood Development Permits, Site Development Permits, Planned Development Permits, Coastal Development Permits, and Variances.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An applicant for a development permit shall file an application for one or more permits, as required, in accordance with Section 112.0102.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision on an application for a development permit shall be made in accordance with Process Two, Process Three, Process Four, Process Five, Process CIP-Two or Process CIP- Five as indicated in Chapter 12, Article 6, Divisions 1 through 8, for each type of development permit .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)

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Chapter 12: Land Development Reviews

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An application for a development permit may be approved only if the decision maker determines that the development , as proposed or as conditioned, meets all findings for all required permits as provided in Chapter 12, Article 6, Divisions 2 through 8. If the decision maker determines that any of the findings are not met, the application shall be denied. The decision maker shall record the decision in writing and shall specify the evidence or statements presented that support the findings .

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

• (a) Development permits affect title to, use of, or possession of real property and shall be recorded in the Office of the County Recorder of San Diego County.

• (b) After the date on which all rights of appeal have expired, the applicant shall sign and return a copy of the approved permit to the City.

• (c) The City will forward the permit and the resolution approving the permit to the County Recorder for recordation provided that the applicant has paid all required fees and costs in accordance with Section 112.0202.

• (d) Before the City forwards the permit for recordation, the applicant may submit a request in writing to the City Manager that the City obtain a certified copy of the permit from the County Recorder. The applicant shall pay the fees to obtain the certified copy.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

• (a) A development permit will be issued to the applicant within 5 business days of the date on which the original recorded permit or a certified copy of the permit is returned to the City from the County Recorder.

• (b) It is unlawful for any applicant to begin work or use of the property that is authorized by a development permit until the development permit has been issued. If a construction permit is also required, construction may not begin until the construction permit has been issued.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (a) A development permit grants the permit holder 36 months to initiate utilization of the development permit . If utilization does not occur in accordance with this Section within 36 months after the due date on which all rights of appeal have expired, and an application for an extension of time was not timely filed, the development permit shall be void. Development permits issued for projects utilizing Type 1 construction as defined in Chapter 6 of the California Building Code shall be granted an additional 12 months to initiate utilization of the development permit .

• (b) To demonstrate utilization, the permit holder shall establish, with evidence identified in Section 126.0108(c), that at least one of the following circumstances occurred before expiration of the development permit :

  • (1) Significant investment was incurred to meet permit conditions;

  • (2) Substantial work was performed in reliance on the development permit granted; or

  • (3) Use of the property has occurred in the manner granted by the development permit .

• (c) Upon request, the permit holder shall provide evidence of the following, to the satisfaction of the City Manager:

  • (1) Issuance of a construction permit for the entire project or for a substantial portion of the activity regulated by the development permit , according to standards developed by the City Manager;

  • (2) Compliance with the terms contained in the individual permit, such as a phasing program, or the terms contained in an approved Development Agreement;

  • (3) Evidence of substantial use as granted by the development permit , according to standards developed by the City Manager;

  • (4) Approval of a final map or a parcel map , or acceptance of an easement, if the map or easement was a condition of, or was processed concurrently with, the development permit ; or

  • (5) Other facts demonstrating the occurrence of any of the circumstances described in Section 126.0108(b).

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(2-2025)

• (d) Development permits for capital improvement program projects or public projects are exempt from the permit utilization requirement of Section 126.0108(a), except that:

  • (1) Outside the Coastal Overlay Zone, if 10 years have passed from the date on which all rights of appeal have expired and the City is unable to establish, with evidence in accordance with Section 126.0108(c), that at least one of the circumstances identified in Section 126.0108(b) occurred, then the development permit shall be void.

• (2) In the Coastal Overlay Zone, if 6 years has passed from the date on which all rights of appeal have expired and the City is unable to establish, with evidence in accordance with Section 126.0108(c), that at least one of the circumstances identified in Section 126.0108(b) occurred, then, notwithstanding Section 126.0111(a), an extension not to exceed 36 months shall be obtained by the City pursuant to Section 126.0111, or the development permit shall be void. If upon the expiration of the extension, the City is unable to establish, with evidence in accordance with Section 126.0108(c), that at least one of the circumstances identified in Section 126.0108(b) occurred, then the development permit shall be void.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Retitled to “Utilization of a Development Permit” and amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 3-20-2017 by O-20797 N.S.; effective 6-7-2017.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

Ch. Art. Div. 12 6 1 4

San Diego Municipal Code (2-2025)

Chapter 12: Land Development Reviews

The applicant and record owner for any development shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of any developmen t permit including, but not limited to, any action to attack, set aside, void, challenge, or annul the development permit approval and any environmental determination . The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the applicant and record owner for any development shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and applicant and record owner for any development regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant and record owner for any development shall not be required to pay or perform any settlement unless such settlement is approved by applicant and record owner for any development .

(“Indemnification for Development Permits” added 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

• (a) A permit holder may request cancellation of a development permit at any time before utilization of the permit. The permit holder shall submit the request for cancellation in writing to the City Manager. The development permit shall be void as of the date it is cancelled by the City Manager.

• (b) If a development permit has already been utilized in accordance with Section 126.0108, the permit holder may submit an application to rescind the development permit in accordance with the following:

  • (1) Where the development complies with all use and development regulations the application to rescind a development permit shall be processed in accordance with Process One.

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Chapter 12: Land Development Reviews

(2-2025)

• (2) For development not in compliance with Section 126.0110(b)(1), an application to rescind a development permit shall be processed in accordance with the same process as would a new application for the same permit.

The development permit shall be void as of the date it is rescinded by the City Manager.

• (c) The cancellation or rescission shall thereafter be recorded by the applicant , or the City may record it by forwarding a written declaration of the cancellation or rescission to the County Recorder for recordation in accordance with Section 126.0106.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Retitled to “Cancellation or Rescission of a Development Permit” and amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

• (a) Expiration Date. The expiration date of an approved development permit may be extended one or more times. The development permit approval and subsequent development permit extensions shall not exceed a total of 72 months beyond the initial development permit approval date, with the following exceptions:

  • (1) The 72 month maximum may be exceeded if permitted by any extension granted pursuant to state law or by any development permit extension granted by the City Council by ordinance.

  • (2) When a development permit is associated with a tentative map , any map extensions granted pursuant to state law shall automatically extend the expiration of associated development permits to coincide with the expiration of the tentative map .

• (b) Request for Extension. Before the expiration of an approved development permit , but not more than 12 months before the expiration date, an application may be filed for an extension of time for a development permit in accordance with Section 112.0102. If an application for extension of time is timely filed, the development permit shall be automatically extended for a period of 60 calendar days from the expiration date or until a decision on the extension of time has been made, whichever occurs first.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (c) Review of Application. An application for an extension of time of a development permit shall be reviewed by the City Manager to determine whether the proposed development has significantly changed or is in substantial conformance with the approved development permit . If the proposed development is not in substantial conformance with the approved development permit , an application for an amendment to the development permit will be required. An applicant for an extension of time may also submit an application for, and concurrently process, an amendment to the approved development permit in order to extend the existing permit in case the extension of time request is denied.

• (d) Decision Process. A decision on an application for an extension of time of a development permit shall be made in accordance with Process Two, except that it shall be appealable in accordance with Section 126.0111(i).

• (e) Findings for Approval. An extension of time, except for a Coastal Development Permit, may be approved without new conditions if the decision maker makes both of the following findings :

  • (1) The project as originally approved and without any new conditions would not place the occupants of the proposed development or the immediate community in a condition dangerous to their health or safety; and

  • (2) No new condition is required to comply with state or federal law.

• (f) Findings for Conditional Approval. An extension of time, except for a Coastal Development Permit, may be approved with new conditions if the decision maker makes one of the following findings :

• (1) New conditions are necessary to protect the health or safety of the residents of the development or the immediate community; or

  • (2) New conditions are necessary to comply with applicable state or federal law.

• (g) Findings for Approval for Extension of Time for a Coastal Development Permit. An extension of time for a Coastal Development Permit may be approved only if the decision maker makes all of the following findings:

  • (1) The project as originally approved would not place the occupants of the proposed development or the immediate community in a condition dangerous to their health and safety;

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Chapter 12: Land Development Reviews

(2-2025)

• (2) There are no changed circumstances which would affect the project’s consistency with the Local Coastal Program ; and

• (3) No new condition is required to comply with state or federal law.

• (h) Denial of the Extension of Time. The decision maker shall deny the extension of time if the project, even as conditioned, would place the residents of the proposed development or the immediate community in a condition dangerous to their health or safety, or would not comply with state or federal law.

• (i) Appeals. The City Council shall hear appeals of decisions on Extensions of Time for development permits .

• (j) Commencement of Extension. If the extension of time is granted, the extension shall begin from the date of expiration of the previously-approved development permit .

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(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.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

• (a) A proposed modification to an approved development permit may be submitted to the City Manager to determine if the revision is in substantial conformance with the approved permit.

• (b) If the revision is determined to be in substantial conformance with the approved permit, the revision shall not require an amendment to the development permit .

• (c) Where a development permit requires compliance with a regulation in effect on the date of approval, but that regulation is subsequently amended, the permit holder may utilize the amended regulation without obtaining an amendment to its development permit if the permit holder can demonstrate to the satisfaction of the City Manager that the resulting development is in substantial conformance with the approved development permit .

• (d) If a determination of substantial conformance cannot be made for a development seeking to utilize an amended regulation in accordance with Section 126.0112(c), the permit holder may utilize the amended regulation if the permit holder obtains a Process Two Neighborhood Development Permit.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (e) Within the Coastal Overlay Zone, any substantial conformance determination shall be decided in accordance with Process Two, except that a substantial conformance determination for a capital improvement program project shall be reached through a Process CIP-Two review.

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

(Retitled from “Minor Modifications to a Development Permit” to “Modifications to a Development Permit” and amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

The purpose of this Section is to allow a change in development to occur on a premises that has a utilized development permit in accordance with Section 126.0108, when the proposed development is not included within the scope of the utilized development permit but complies with the use and development regulations of the applicable base zone or overlay zone.

• (a) Development that is not included within the scope of a utilized development permit may be approved without an amendment to the development permit in accordance with Process One, subject to all of the following:

  • (1) The proposed use is listed as a permitted use in the applicable base zone and overlay zones, or listed as a limited use and the proposed development complies with all limited use regulations;

  • (2) The proposed development complies with all the development regulations of the applicable base zone and overlay zones, except through the use of incentives or waivers as provided in Chapter 14, Article 3, Division 7 or Chapter 14, Article 3, Division 10;

  • (3) The proposed development does not require additional development permits ; and

  • (4) Except as permitted by Section 126.0112, all development within the scope of the utilized development permit that has received a construction permit complies with the applicable conditions of the development permit .

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(2-2025)

• (b) If the utilized development permit was approved concurrently with an individual, project-specific rezone action, a permit holder cannot rely on the provisions of Section 126.0113(a) for a proposed development unless:

  • (1) A comprehensive community land use plan was adopted or updated after the utilized development permit was approved; or

  • (2) The utilized development permit allowed the maximum development allowed under the base zone and applicable overlay zones, accounting for any building restricted easements required as part of the development.

(“Development on a Premises with a Utilized Development Permit” added 1-8-2020 by O-21161 N.S.; effective 2-9-2020. Former Section 126.0113 “Amendments to a Development Permit” renumbered to Section 126.0114.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

• (a) A proposed revision to an approved development permit that would significantly reduce the scope of the development or is not in substantial conformance with the approved development permit requires an amendment to the approved development permit or an application for a new development permit , except that a development permit for industrial development in an industrial zone that is not located within 1,000 feet of a residential zone may be amended by obtaining a Process Two Neighborhood Development Permit.

• (b) A proposed change in use from one use category to another or the change, addition, or deletion of a use within the same use category may require an amendment to a Neighborhood Use Permit or a Conditional Use Permit, depending on the uses allowed by the permit, except as provided in Sections 126.0112 or 126.0113.

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• (c) An application for an amendment to a development permit shall be acted upon in accordance with the same process as would a new application for the same permit. When a development permit includes existing land uses that would not be permitted as new uses by the underlying base zone, the amendment application shall nevertheless be acted upon in accordance with the same process as the original development permit. The application is subject to environmental review and will be evaluated in accordance with the State California Environmental Quality Act (CEQA) Guidelines, Sections 1516215164. The decision maker may revise existing conditions or impose new conditions.

• (d) An amendment to an existing development permit will not affect the original expiration date of the permit, unless a change is specifically requested. In such cases, the application must be deemed complete prior to the development permit expiration date and the development permit will automatically be extended until a decision on the amendment request is final and all available administrative appeals of the project decision have been exhausted.

• (e) Within the Coastal Overlay Zone, a proposed change in use which will result in an intensification of use requires an amendment or a new Coastal Development Permit.

• (f) An amendment to a development permit shall not be required for approval of a sign application in accordance with Section 142.1208.

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Renumbered from Section 126.0113 to Section 126.0114 and amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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The development permit application file shall be closed if the applicant fails to submit or resubmit requested materials, information, fees, or deposits 90 calendar days from the date the application was deemed complete or the last written request by the City, whichever is later. Once closed, the application, plans and other data submitted for review may be returned to the applicant or destroyed by the City Manager. To reapply, the applicant shall submit a new development permit application with required submittal materials and shall be subject to all applicable fees and regulations in effect on the date the new application is deemed complete.

(“Closing of Development Permit Application” added 6-3-2003 by O-19187 N.S.) (Renumbered from Section 126.0114 to Section 126.0115 on 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

• (a) An applicant may request a tolling of the expiration of an approved or conditionally approved development permit for up to 5 years while a lawsuit involving the approval or conditional approval of the development permit is or was pending in a court of competent jurisdiction.

• (b) A request to toll the process must be submitted prior to expiration of the development permit .

• (c) A decision regarding a request to toll the expiration date for a development permit shall be made in accordance with Process One and, additionally, for development within the Coastal Overlay Zone, in accordance with the procedures in Section 126.0111(g).

• (d) A request to toll the expiration date for a development permit shall be granted within 40 days of the date of application if it can be demonstrated to the satisfaction of the City Manager that:

  • (1) A lawsuit was filed that is related to the processing of an approved or conditionally approved development permit ; and

  • (2) Tolling of the expiration date for up to 5 years during the lawsuit would allow time for the applicant to address associated court orders or procedures related to processing of the development permit .

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• (e) Upon resolution of the lawsuit, the applicant shall contact the City Manager to request the adjusted expiration date for the approved or conditionally approved development permit . The adjusted expiration date shall allow tolling as follows:

  • (1) The credited time for the tolling period shall be limited to the time period between the date the petition or complaint in the lawsuit was filed and the date the lawsuit was officially resolved.

  • (2) The credited time for the tolling period shall not exceed 5 years.

  • (3) Within the Coastal Overlay Zone, the adjusted expiration date for a Coastal Development Permit may be granted only if the decision maker makes all of the findings required by Section 126.0111(g), Findings for Approval for Extension of Time for a Coastal Development Permit.

(“Tolling of a Development Permit” added 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

(Amended 8-30-2013 by O-20293 N.S.; effective 10-10-2013.) (Renumbered from Section 126.0115 to Section 126.0116 on 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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Article 6: Development Permits

Division 2: Neighborhood Use Permit Procedures (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to establish a review process for developments that propose new uses, changes to existing uses, or expansions of existing uses that could have limited impacts on the surrounding properties. The intent of these procedures is to determine if the development complies with all applicable regulations of the zone and any supplemental regulations pertaining to the use, and to apply conditions that may be necessary to help ensure compliance.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) All existing and proposed uses on the site shall be identified in the permit, including existing or new uses permitted by right in the applicable zone, any uses subject to a use permit, and those proposed uses that require the Neighborhood Use Permit.

• (b) In granting a Neighborhood Use Permit, the decision maker may impose reasonable conditions as deemed necessary and desirable to protect the public health, safety, and welfare.

• (c) The privileges and conditions of a Neighborhood Use Permit are a covenant that runs with the land and, in addition to binding the permittee, bind each successor in interest.

• (d) The decision maker may assign an expiration date to the permit. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) An application for the following uses in certain zones may require a Neighborhood Use Permit. To determine whether a Neighborhood Use Permit is required in a particular zone, refer to the applicable Use Regulation Table in Chapter 13:

Artisan Food and Beverage Producer Automobile service stations

Boarding kennels/pet day care facilities

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Community gardens Comprehensive sign plans Eating and drinking establishments abutting residential zones (under circumstances described in Section 141.0607) Employee housing Home occupations (under circumstances described in Section 141.0308) Interim ground floor residential use Neighborhood identification signs Parking facilities as a primary use Recycling facilities (under circumstances described in Section 141.0620) Revolving projecting signs Sidewalk cafes that deviate from the requirements of Section 141.0621(a) Signs with automatic changing copy Active Sidewalks (under certain circumstances described in Section 141.0621(c)) Streetaries (under certain circumstances described in Section 141.0621(b)) Temporary construction storage yards located off-site Theater marquees Urgent care facilities Veterinary clinics and animal hospitals Wireless communication facilities (under certain circumstances described in Section 141.0420)

• (b) The following activities require a Neighborhood Use Permit in any zone:

  • (1) Resumption of a previously conforming use that has been discontinued for more than 2 years, as described in Section 127.0108; or

  • (2) Expansion of a previously conforming use of up to 20 percent of the existing gross floor area of the structure , as described in Section 127.0109.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.) (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.) (Amended 12-1-2016 by O-20752 N.S.; effective 12-31-2016.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.)

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(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 5-23-2022 by O-21458 N.S.; effective 6-22-2022.)

A decision on an application for a Neighborhood Use Permit shall be made in accordance with Process Two.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A Neighborhood Use Permit may be approved or conditionally approved only if the decision maker makes the following findings :

• (a) Findings for all Neighborhood Use Permits

  • (1) The proposed development will not adversely affect the applicable land use plan ;

  • (2) The proposed development will not be detrimental to the public health, safety, and welfare; and

  • (3) The proposed development will comply with the regulations of the Land Development Code including any allowable deviations pursuant to the Land Development Code.

• (b) Supplemental Findings -- Wireless Communication Facilities

A Neighborhood Use Permit required in accordance with Section 141.0420(b)(3) may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings required in Section 126.0205(a):

• (1) The proposed wireless communication facility does not interfere with the free and unobstructed use of the public right-of-way ;

• (2) The proposed wireless communication facility will not adversely affect the aesthetic character of the community; and

• (3) The proposed wireless communication facility will not interfere with the City’s ability to use the public right-of-way .

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• (c) Supplemental Findings – Interim Ground floor residential

An application for a Neighborhood Use Permit for interim ground floor residential uses may be approved or conditionally approved only if the decision maker makes the following findings :

• (1) The proposed development is physically suitable for residential use and located within an existing vacant commercial space that has been vacant for a minimum of six consecutive months.

• (2) The ground floor height complies with Section 131.0548.

• (d) Supplemental Findings – Streetaries and Active Sidewalks

  • A Neighborhood Use Permit required in accordance with Section 141.0621(b)(5) and 141.0621(c)(7) may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings required in Section 126.0205(a):

  • (1) The proposed streetary or active sidewalk will not adversely impact the use of the public right-of-way by pedestrians or bicyclists;

  • (2) The proposed streetary or active sidewalk is compatible with adjacent existing, permitted, or planned land uses; and

  • (3) The proposed streetary or active sidewalk will enhance the public right-of-way and encourage more pedestrian travel.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

[Editors Note: Amendments as adopted by O-20261 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as Local Coastal Program Amendment.

Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-20261-SO.pdf ]

(Amended 8-9-2019 by O-21114 N.S. and O-21117 N.S.; effective 9-8-2019.) (Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.)

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Chapter 12: Land Development Reviews

It is unlawful for any person to maintain, use, or develop any premises without a Neighborhood Use Permit if such a permit is required for that use or development or to maintain, use, or develop any premises contrary to the requirements or conditions of the Neighborhood Use Permit, except as provided in Sections 126.0112 or 126.0113. Violation of any provision of this Division shall be subject to the enforcement provisions contained in Chapter 12, Article 1. Violations of this Division shall be treated as strict liability offenses regardless of intent.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000. (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

For a Neighborhood Use Permit required by Chapter 14, Article 1, Division 11, an applicant may seek judicial review of a final decision on the permit application, pursuant to California Code of Civil Procedure section 1094.8. This provision does not limit an applicant’s ability to seek judicial review by other means.

(“Judical Review” added 1-13-2004 by O-19253 N.S.)

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Article 6: Development Permits