§126.0108 Utilization of a Development Permit — San Diego Zoning Code

(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).

Ch. Art. Div. 12 6 1 3

San Diego Municipal Code

Chapter 12: Land Development Reviews

(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