§126.0116 Tolling of a Development Permit

• (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 .

Ch. Art. Div. 12 6 1 12

San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (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.)

Ch. Art. Div. 12 6 1 13

San Diego Municipal Code

Chapter 12: Land Development Reviews

(8-2023)