§129.0203 Exemptions from a Building Permit

• (a) A Building Permit is not required for the following structures and activities, except when the development would involve alterations, repairs, or improvements to a historical resource as described in Section 143.0220; when development on a premises containing environmentally sensitive lands requires a development permit in accordance with Section 143.0110; or when a building is constructed with unreinforced masonry bearing walls or exterior wall parapets:

  • (1) One-story detached accessory buildings supported on the ground and used as tool and storage sheds, playhouses, or similar uses provided the projected roof area is 120 square feet or less and the structure will not be utilized for any separately regulated use subject to Land Development Code Chapter 14, Article 1.

  • (2) Fences, other than swimming pool barriers, that are 7 feet in height or less.

  • (3) Oil derricks.

  • (4) Non-fixed and movable fixtures; cases, racks, counters and partitions not over 5 feet 9 inches in height.

  • (5) Retaining walls that are 3 feet in height or less, measured from the top of the footing to the top of the wall unless supporting a surcharge or impounding flammable liquids.

  • (6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.

  • (7) Sidewalks and driveways that are 30 inches or less above adjacent grade , are not over any basement or story , and are not part of an accessible route in accordance with the California Building Code.

  • (8) Painting, papering, and similar finish work.

  • (9) Temporary motion picture, television, and theater stage sets and scenery.

  • (10) Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies that do not project more than 54 inches from the exterior wall and do not require additional support.

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• (11) Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy when the pool is supported directly upon grade, the pool walls are entirely above the adjacent grade , and the capacity of the pool does not exceed 5,000 gallons.

• (12) Patio cover structures attached to or detached from single dwelling units in the RS and RX zones in the following circumstances, except in the appealable area of the Coastal Overlay Zone or in Planned Developments:

  • (A) The patio cover structure has 300 square feet or less of projected roof area.

  • (B) The patio cover structure does not encroach into any yard

  • (C) The patio cover structure is 12 feet or less above grade .

• (13)

  • Antennas supported on the roof.

• (14) Electrolier standards, flag poles, and antennas that are 30 feet or less in height above finish grade when fully extended.

• (15) Decks accessory to buildings within the scope of the California Residential Code that do not exceed 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, that are not attached to a dwelling, and that do not serve the exit door required by the California Residential Code.

• (16) Renewal of roof coverings on any building permitted by the California Building Code and the California Residential Code, where the existing roof structure, including roof diaphragm, is not altered.

• (17) Repairs that involve only the replacement of components or existing work with similar materials for the purpose of maintenance, that do not have an aggregate valuation of over $1,000.00, and that do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. The following repairs are exempt from permit requirements without limit to valuation:

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• (A) Painting and decorating;

• (B) Installation of floor covering;

• (C) Cabinet work; and

• (D) Outside paving.

• (18) Structures placed in public streets, alleys and sidewalks, except those regulated by Chapter 32 of the California Building Code.

• (19) Work done by employees of the City on City-owned or leased buildings.

• (20) A temporary shed, office or storage building and other structure incidental to and for work authorized by a valid Grading or Building Permit. Such structures must be removed upon expiration of the permit or completion of work covered by the Grading or Building Permit.

• (21) Installing replacement exterior windows and exterior doors in existing window and door openings where all of the following conditions apply:

  • (A) The exterior windows and doors are replaced in detached one and two-family dwellings or townhouses as defined in the California Residential Code.

  • (B) The proposed exterior window and door replacement shall not require any modifications to the weather resistive exterior wall envelope protecting the structure or the interior of the structure .

  • (C) The existing exterior windows and doors to be replaced are not required to be fire resistive.

  • (D) The proposed work shall not require modifications to the existing rough openings.

• (22) New permanent parking and vehicular use areas for less than four vehicles, including access to the spaces, but excluding parking for single dwelling unit uses on a single lot in Residential-Single Unit Zones.

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• (23) Any portable metal hanger less than 2,000 square feet in size, located on a City-owned airport used only for parking aircraft and bearing evidence of approval by the California Department of Motor Vehicles for movement on any highway. Such structures shall, as an integral part of basic construction, be equipped with a hitch or coupling device for towing. It shall accommodate, without further major structural change, wheel and axle assemblies which will provide this structure with a safe means of transport. No water or sanitary facilities installations shall be allowed in the structure , and it shall be equipped with permanent ventilation as required for any Group S-2 occupancy.

  • (24) A sidewalk cafe that complies with Section 141.0621, unless one of the following applies:

    • (A) The sidewalk cafe would alter or modify the existing building, building façade, or any means of building egress; or

    • (B) The sidewalk cafe would be located on a raised platform or in a sunken area.

  • (25) Specific structures as determined by the Building Official for a particular and justifiable reason.

• (b) The exemptions in Section 129.0203(a) are not exemptions from the electrical, plumbing, and mechanical permit requirements. Unless the proposed work is exempt under another section of the Land Development Code, separate electrical, plumbing, and mechanical permits may be required.

• (c) Exemption from the permit requirements of the Building Regulations does not authorize any work to be done in any manner in violation of the provisions of the Building Regulations or any other applicable local or state regulations.

(Amended 9-24-2002 by O-19102 N.S.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 4-6-2016 by O-20624 N.S.; effective 5-6-2016.) (Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.) (Amended 4-9-2020 by O-21181 N.S.; effective 5-9-2020.) (Amended 5-8-2023 by O-21642 N.S.; effective 6-7-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

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[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 ]

(Amended 3-3-2026 by O-22080 N.S.; effective 4-22-2026.)