§126.0113 Development on a Premises with a Utilized Development Permit

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 .

Ch. Art. Div. 12 6 1 9

San Diego Municipal Code

Chapter 12: Land Development Reviews

(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