Division 2 — Land Development Authorities and Advisory Boards

San Diego Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Diego

(“Applications” repealed 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(“Land Development Authorities and Advisory Boards” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(“Consolidation of Processing” repealed and “Board of Zoning Appeals” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(“Board of Zoning Appeals” repealed 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

§111.0201 City Council

The authority of the City Council to conduct its activities is established by California law and the City Charter. The process for appointment and the terms of the City Council members are provided in Municipal Code, Chapter 2, Article 7 (Election Code).

(“Preapplication Conference” repealed and “City Council” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

§111.0202 Planning Commission

The authority of the Planning Commission to conduct its activities, the process for appointment, and the terms of its members are provided in the City Charter, Section 41.(c).

(“Application Process” repealed and “Planning Commission” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

§111.0204 Hearing Officer

  • (a) Authority. The City Manager may designate a staff member to serve as a Hearing Officer. The Hearing Officer shall preside at a public hearing and make an impartial decision on a permit, map, or other matter based on the application, written reports prepared prior to the hearing, and information received at the hearing.

  • (b) Appointment and Terms. The City Manager will determine whom to appoint and the length of time the person will serve as a decision maker.

  • (c) Powers and Duties. A Hearing Officer may act as the decision maker for permits, maps, or other matters in accordance with the decision-making procedures of the Land Development Code.

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

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Chapter 11: Land Development Procedures

(2-2018)

§111.0205 City Staff

  • (a) Authority. The City Manager may designate a staff member to make an impartial decision, without a public hearing, on a permit, map, or other matter in accordance with the decision-making procedures of the Land Development Code.

  • (b) Appointment and Terms. The City Manager will determine whom to appoint and the length of time the staff member will serve as a decision maker.

  • (c) Powers and Duties. Designated City staff will act as the decision maker to decide permits, maps, or other matters in accordance with the decisionmaking procedures of the Land Development Code.

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

§111.0206 Historical Resources Board

  • (a) Authority. The Historical Resources Board has been established by the City Council in accordance with the City Charter, Section 43.

  • (b) Appointment and Terms

    • (1) The Historical Resources Board shall consist of 11 members, each appointed by the Mayor and subject to confirmation by the City Council. Each member shall serve a 2-year term without compensation and shall continue to serve until a successor is appointed. No member shall serve more than 4 consecutive terms. The members shall be appointed so that the terms of not more than 6 members will expire in any year. The expiration date of all terms of appointment shall be March 1. The Mayor may designate 1 member as Chairperson during March of each year. If the Mayor has not designated a chairperson by April 15, the Board shall elect a Chairperson from among its members.

    • (2) At least one Board member shall be appointed from among professionals in each of the following disciplines as required to meet the “Certified Local Government” criteria of the State Office of Historic Preservation , as established by the National Historic Preservation Act: architecture, history, architectural history, archaeology, and landscape architecture. Other members appointed may have experience or background in law, real estate, engineering, general contracting, finance, planning, or fine arts and should reflect diverse neighborhood representation and have demonstrated a special interest in historical preservation. No more than three owners of designated historical resources shall serve at any time.

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Chapter 11: Land Development Procedures

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  • (c) Meetings. The Historical Resources Board shall meet at least once a month or as often as necessary for the transaction of its business. The meetings shall be noticed and open to the public. The Board shall adopt procedural rules and policies, consistent with law, for the conduct of its business. The Board shall keep minutes of all meetings including voting records, attendance, resolutions, findings, determinations, and decisions. A quorum for the transaction of business shall be comprised of six members of the Board. An affirmative vote of at least six members is required for designation of a historical resource . An affirmative vote of a majority of the members present is required for any other action by the Board.

  • (d) Powers and Duties. The powers and duties of the Historical Resources Board are as follows:

    • (1) To identify and designate historical resources for preservation in accordance with the designation process described in Chapter 12, Article 3, Division 2 (Designation of Historical Resources Procedures).

    • (2) To review and make a recommendation to the appropriate decisionmaking authority on applications for development permits involving designated historical resources in accordance with the decisionmaking procedures of the Land Development Code.

  • (3) To adopt specific guidelines for designating historical resources and to identify specific areas that may be exempt from the requirement for a site-specific survey in accordance with Section 143.0212(a).

    • (4) To adopt standards and guidelines to be used by the Board in reviewing applications for development permits involving designated historical resources .

    • (5) To compile and maintain an up-to-date register of designated historical resources . A description of the resource and the reasons for designation shall be included in the register.

    • (6) To recommend to the City Council that the City Manager apply for, receive, or expend any federal, state, or private grant, grant-in-aid, gift, or bequest and to make recommendations to the City Council regarding the acceptance of any grant, gift, or other interest relative to property located in the City in furtherance of the general purposes of historical preservation.

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  • (7) To prepare an annual report to the Mayor and City Council on the activities, decisions, and other work of the Board.

  • (8) To perform any other functions consistent with the purpose of the Board or any functions that may be requested by resolution or direction of the City Council, including promoting educational programs pertaining to historical resources and investigating and reporting to the City Council on the use of various federal, state, local, or private funding sources and mechanisms available to promote historical resource preservation.

  • (9) To establish criteria and provide for an historical resources inventory of properties within the City and recommend to the City Council and Planning Commission procedures to use the historical resource inventory results in the planning process.

  • (10) To provide information and guidance, at the request of property owners or tenants, on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping, or maintenance of any designated historical resource . (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-6-2006 by O-19526 N.S.; effective 9-5-2006.)

§111.0207 Board of Building Appeals and Advisors

  • (a) Authority. The Board of Building Appeals and Advisors is established by the City Council in accordance with the City Charter, Section 43.

  • (b) Appointment and Terms

    • (1) The Board of Building Appeals and Advisors shall consist of 10 members appointed by the Mayor and subject to confirmation by the City Council. Each member shall serve a 2-year term without compensation and shall continue to serve until a successor is appointed. No member shall serve more than four consecutive terms. The members shall be appointed so that the terms of not more than five members will expire in any year. The Board shall elect a chairperson annually from among its members, unless a chairperson is selected by the Mayor.

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Chapter 11: Land Development Procedures

(2-2018)

  • (2) Members shall have experience and training in matters of design and construction of buildings, fire prevention, and fire protection. At least two members shall be licensed by the State of California as Civil Engineers, one of whom is duly authorized to use the title “Structural Engineer,” and one member each shall be from the electrical and mechanical industries or professions. At least two members shall be licensed by the State of California as Fire Protection Engineers. At least one member shall be licensed by the State of California as an Architect. At least one member shall represent the disabled community.

  • (3) The Building Official, the Chief of the Fire Department, and the City Attorney shall be ex officio members of the Board. The Director of Development Services shall be an ex officio member of the Board in matters pertaining to Historical Buildings .

  • (c) Meetings. The Board of Building Appeals and Advisors shall meet as often as necessary for the transaction of its business. The meetings shall be noticed and open to the public. The Board shall adopt procedural rules and policies consistent with law for the conduct of its business. Five members shall constitute a quorum. The affirmative vote of at least four members is required for any action by the Board. The Board shall make its recommendations in writing to the Building Official.

  • (d) Powers and Duties. The powers and duties of the Board of Building Appeals and Advisors are as follows:

    • (1) The Board of Building Appeals and Advisors shall investigate and advise the Building Official on the suitability of any alternate material, design, or construction method. This action may be taken on the Board’s own motion, at the request of a permit applicant, or as requested by the City Manager, the Building Official, the Fire Chief, or the Historical Resources Board.
  • (2) The Board of Building Appeals and Advisors shall recommend reasonable interpretations of the San Diego Fire Code; the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of Title 24 of the California Code of Regulations; and other matters that may be referred to the Board by the Building Official. The Board shall have no authority to recommend interpretations of other provisions of the Land Development Code.

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2018)

  • (3) The Board of Building Appeals and Advisors may recommend minor deviations from the provisions of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, or Existing Building Regulations in the following circumstances:

    • (A) When strict application, operation, or enforcement would result in practical difficulty or unnecessary hardship; and

    • (B) When for the purpose intended, the alternate materials or type of construction proposed is at least equivalent to the requirements of the applicable San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, or the Existing Building Regulations in quality, strength, effectiveness, fire resistance, and durability, and is equivalent in providing for the public health and safety.

  • (4) The Board of Building Appeals and Advisors may conduct public hearings upon the passage of new legislation pertaining to the design and construction of buildings and provide its recommendations to the City Council.

(Amended 9-24-2002 by O-19102 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.) (Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

§111.0208 Board of Engineering Appeals and Advisors

  • (a) Authority. The Board of Engineering Appeals and Advisors has been established by the City Council in accordance with the City Charter, Section 43, to advise the City Engineer, the City Manager, and the City Council on matters pertaining to the design and construction of public facilities and land development.

  • (b) Appointment and Terms

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2018)

  • (1) The Board of Engineering Appeals and Advisors shall consist of nine members appointed by the Mayor and subject to confirmation by the City Council. Each member shall serve a 2-year term without compensation and shall continue to serve until a successor is appointed. No member shall serve more than four consecutive terms. The members shall be appointed so that the terms of not more than five members will expire in any year. The Board shall elect a chairperson from among its members.

  • (2) The Board of Engineering Appeals and Advisors shall be composed of the following:

    • (A) A civil engineer in private practice in the City of San Diego;

    • (B) A land surveyor in private practice in the City of San Diego;

    • (C) A geotechnical engineer in private practice in the City of San Diego;

    • (D) An engineering geologist in private practice in the City of San Diego;

    • (E) A landscape architect in private practice in the City of San Diego;

    • (F) An architect in private practice in the City of San Diego;

    • (G) A licensed contractor in business in the City of San Diego who is actively engaged in land development operations;

    • (H) A builder-developer in business in the City of San Diego who is actively engaged in land development and building operations;

    • (I) A representative of an officially recognized community planning group; and

    • (J) The City Engineer, the Building Official, and the City Attorney, or their designated representatives, shall be ex officio members of the Board. The Planning Director shall be an ex officio member of the Board in matters pertaining to historical buildings .

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San Diego Municipal Code

Chapter 11: Land Development Procedures

(2-2018)

  • (c) Meetings

    • (1) The Board of Engineering Appeals and Advisors shall meet as often as necessary for the transaction of its business. The meetings shall be noticed and open to the public. The Board shall adopt procedural rules and policies consistent with law for the conduct of its business. Five members shall constitute a quorum. The affirmative vote of at least four members is required for any action by the Board.

    • (2) The Board shall make its findings and recommendations in writing to the City Engineer.

  • (d) Powers and Duties. The powers and duties of the Board of Engineering Appeals and Advisors are as follows:

  • (1) The Board of Engineering Appeals and Advisors shall investigate and advise the City Engineer on the suitability of alternate materials and types of construction. This action may be taken on the Board’s own motion, at the request of a permit applicant , or as requested by the City Manager, the City Engineer, the Building Official, or the Historical Resources Board.

    • (2) The Board of Engineering Appeals and Advisors shall recommend reasonable interpretations of the Subdivision Map Act , the engineering standards established in the Land Development Manual, and other matters that may be referred to the Board by the City Engineer. The Board shall have no authority to make recommendations on interpretations of other provisions of the Land Development Code.

    • (3) The Board of Engineering Appeals and Advisors may review and make recommendations on establishment or revision of standards in the Land Development Manual for design and construction of public facilities and grading .

    • (4) The Board of Engineering Appeals and Advisors may conduct public hearings upon the passage of new legislation pertaining to grading and the design and construction of public facilities, and may provide its recommendations to the City Council. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000; amended 6-19-2000 by O-18814 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

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San Diego Municipal Code (10-2024)

Chapter 11: Land Development Procedures

Article 2: Required Steps in Processing

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

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

§112.0101 Preapplication Conference

Before submitting an application for a permit, map, or other matter, a prospective applicant may request a preapplication conference to discuss the proposed development with City staff. The person requesting the preapplication conference may be required to pay a fee that has been established by City Council resolution. Based upon the information provided by the applicant at the preapplication conference, the City shall inform the applicant of the general policies and regulations in effect at the time of the conference. The City may examine possible alternatives or modifications relating to the proposed permit, map, or other matter.

The applicant is responsible for knowing and understanding the governing policies and regulations applicable to the proposed development , and the City is not liable for any damages or loss resulting from any actual or alleged failure to inform the applicant of any laws or regulations that may be applicable to a development . Nothing stated in this meeting shall be construed as actual or implied approval of a proposed development .

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

§112.0102 Application Process

An application for a permit, map, or other matter shall be filed with the City Manager in accordance with the following requirements:

  • (a) Authority to File an Application. The following persons are deemed to have the authority to file an application:

    • (1) The record owner of the real property that is the subject of the permit, map, or other matter;

    • (2) The property owner’s authorized agent; or

    • (3) Any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application.

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Chapter 11: Land Development Procedures

(10-2024)

  • (4) Any person who has an approved and executed Disposition and Development Agreement with the Redevelopment Agency of the City of San Diego

  • (b) Submittal Requirements. The application shall be made on a form provided by the City Manager and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed, unless otherwise specified by the Land Development Code. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required by this section and Section 112.0202. After the application has been deemed complete , the City Manager may not request any new or additional materials, information, fees, or deposits that were not specified at the time of application, except as provided by state law. The City may, however, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application.

  • (c) Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each application for a permit, map, or other matter filed in accordance with the Land Development Code. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The revised list shall be posted at the City, shall become effective on the 30th calendar day after posting, and shall apply to all applications submitted after that date. The City Manager shall provide a copy of the list to all applicants and to any person who requests a copy.

  • (d) Expiration of Application.

    • (1) Applications for construction permits and Process One map approvals expire 2 years from the date the application is deemed complete , unless otherwise stated in the Land Development Code.

    • (2) Extensions.

  • (A) An application for a Demolition/Removal Permit, Grading Permit, Public Right-of-Way Permit, Sign Permit, or a Process One map may be extended for a period not exceeding 180 calendar days, if the City Manager determines that circumstances beyond the control of the applicant prevented issuance of the Demolition/Removal Permit, Grading Permit, Public Right-of-Way Permit, Sign Permit or approval of the Process One map. In such cases, the existing application shall be automatically extended until a decision is made regarding the request for extension.

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San Diego Municipal Code (10-2024)

Chapter 11: Land Development Procedures

  • (B) The City Engineer may extend a Grading Permit application or a Public Right-of-Way Permit application for one additional period not exceeding 180 calendar days from the expiration date.

  • (C) The Building Official may extend an application for a Building Permit, Electrical Permit, Plumbing/Mechanical Permit, and Fire Permit in accordance with Sections 129.0211, 129.0309, 129.0410 and 129.0907.

  • (3) An application related to a premises for which a civil penalty Notice and Order establishes a future date for corrective action of a code violation shall be automatically extended 180 calendar days from the date for corrective action. If the date for corrective action is less than two years from the date the application is deemed complete , the application may be extended in accordance with Section 112.0102(d)(2) .

  • (4) Once expired, the application, plans, and other data submitted for review may be returned to the applicant or destroyed by the City Manager.

  • (5) To reapply, the applicant shall submit a new 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 .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 2-28-2005 by O-19360 N.S.) (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.) (Amended 8-5-2024 by O-21859 N.S.; effective 9-4-2024.)

§112.0103 Consolidation of Processing

  • (a) When an applicant applies for more than one permit, map, or other approval for a single development , the applications shall be consolidated for processing and shall be reviewed by a single decision maker as follows, except as provided in Sections 112.0103(b) through (d).

    • (1) The decision maker shall act on the consolidated application at the highest level of authority for that development as set forth in Section 111.0105.

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Chapter 11: Land Development Procedures

(10-2024)

  • (2) The findings required for approval of each permit shall be considered individually, consistent with Section 126.0105.

  • (3) Where the consolidation of processing combines Process Two, Process Three, Process Four, or Process Five with Process CIP-Two or Process CIP-Five, the consolidation shall be made as follows:

    • (A) Consolidation of Process Two and Process CIP-Two shall be consolidated into Process CIP-Two.

    • (B) Consolidation of Process Three, Process Four, or Process Five with Process CIP-Five shall be consolidated into Process CIP-Five, except that any consolidation with a Process Five for rezoning shall be consolidated into Process Five.

  • (b) When the California Environmental Quality Act (CEQA) and California Water Code require that the City prepare a Water Supply Assessment (WSA), the WSA shall be considered by the City Council. The associated development permit applications shall not be required to be consolidated for processing with approval of the WSA, as further described below:

    • (1) When the development permit is subject to Process Two, Three, or Four, the City Council must consider and approve the WSA prior to the lower decision maker's consideration and approval of the development permit .

    • (2) When the development permit is subject to Process Five, the City Council must consider and approve the WSA at a hearing that occurs prior to or at the same time as the hearing at which it grants approval of the development permit. A City Council action to adopt or certify an environmental document that incorporates a WSA constitutes approval of the WSA.

  • (c) An application for an approval required to comply with a civil penalty Notice and Order related to a code violation shall not be required to be consolidated for processing with any other application, but may be consolidated at the applicant’s request.

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San Diego Municipal Code (10-2024)

Chapter 11: Land Development Procedures

  • (d) An application for a public right-of-way vacation in accordance with Chapter 12, Article 5, Division 9, or a public service easement vacation in accordance with Chapter 12, Article 5, Division 10, shall not be required to be consolidated for processing with any other approval associated with the development, but may be consolidated for processing at the applicant’s request. The public right-of-way vacation or the public service easement vacation must be recorded prior to the approval of any other associated construction permits or building permits in accordance with Sections 125.0950 or 125.1050.

    • (1) Although an application for a public right-of-way vacation or public service easement vacation is not required to be consolidated for processing with any other approval associated with the development , the whole of the action and the development’s potential environmental impacts shall be analyzed in accordance with the California Environmental Quality Act.

(Added 12-9-1997 by O-18451 N.S.; amended 10-19-1999 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.) (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 ]

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San Diego Municipal Code (8-2023)

Chapter 11: Land Development Procedures

Article 2: Required Steps in Processing