§126.0402 When a Neighborhood Development Permit Is Required

• (a) A Neighborhood Development Permit is required for the following types of development on sites with previously conforming premises or uses:

  • (1) Maintenance, repair, or alteration of a previously conforming structure that incorporates previously conforming uses or density if costs would exceed 50 percent of market value as described in Section 127.0104;

  • (2) Reconstruction of a structure with previously conforming nonresidential uses if costs would exceed 50 percent of market value as described in Section 127.0105;

  • (3) Expansion or enlargement of a previously conforming structural envelope where the existing previously conforming structure does not conform with current zoning regulations for density or use as described in Section 127.0106;

  • (4) Expansion or enlargement of a previously conforming structure where the new construction proposes up to 20 percent reduction in the required setback as described in Section 127.0106; and

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• (5) Maintenance, repair, rebuilding, or alteration of a previously conforming advertising display sign where the costs of new construction would exceed 50 percent of the assessed value of the existing advertising display sign , but would not expand beyond the existing structural envelope as provided in Section 127.0303.

• (b) A Neighborhood Development Permit is required for single dwelling unit development on an individual lot that is less than or equal to 15,000 square feet and contains steep hillsides , Special Flood Hazard Areas , or sensitive biological resources as described in Section 143.0110.

• (c) A Neighborhood Development Permit is required for single dwelling unit development on a lot containing historical resources other than designated historical resources and historical districts as described in Section 143.0210 unless exempted in accordance with Section 143.0220.

• (d) A Neighborhood Development Permit is required for commercial development proposing tandem parking as described in Section 142.0555(b).

• (e) A Neighborhood Development Permit is required for mobilehome parks in any RM zone, as described in Section 143.0302, regardless of the unit number requirements in Table 126-05A.

• (f) A Neighborhood Development Permit is required for relocating a building to a premises where an existing building is to remain as described in Section 143.0302.

• (g) A Neighborhood Development Permit is required for development proposing fences , walls, or retaining walls that exceed the height permitted in Chapter14, Article 2, Division 3, by 20 percent or less as described in Section 142.0350.

• (h) A Neighborhood Development Permit is required for nonresidential development exceeding the maximum permitted parking as described in Section 142.0540(b).

• (i) A Neighborhood Development is required for development providing shared parking for uses not specified in Section 142.0545(c) as described in Section 142.0545(b)(7).

• (j) A Neighborhood Development Permit is required for construction of a privately owned structure proposed in the public right-of-way dedicated for a street or an alley , where the applicant is the record owner of the underlying fee title as described in Section 129.0710(a).

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• (k) A Neighborhood Development Permit is required for development of a large retail establishment of 50,000 or more square feet gross floor area in all commercial, industrial, and mixed-use zones, and in all planned districts, except the Centre City Planned District.

• (l) A Neighborhood Development Permit is required for the following types of development within the Airport Land Use Compatibility Overlay Zone:

  • (1) Non-residential development where alternative compliance is requested to demonstrate safety compatibility in accordance with Section 132.1515(d) using an equivalent calculation of intensity (people per acre).

  • (2) Non-residential development within the Brown Field or Montgomery Field airport influence areas where additional intensity (people per acre) is requested for a building designed to minimize risk and increase the safety of building occupants beyond the minimum requirements of the California Building Code in accordance with Section 132.1515(g)(2).

• (m) A Neighborhood Development Permit is required for development of a wireless communication facility with an equipment enclosure that exceeds 250 square feet as described in Section 141.0420(e)(3), or that includes equipment enclosures not placed underground as described in Section 141.0420(g)(2).

• (n) A Neighborhood Development Permit is required for development of a college, university, vocational, or trade school on a premises identified as Prime Industrial Land in a land use plan as described in Section 141.0407(e)(2).

• (o) A Neighborhood Development Permit is required for development on a site that contains a designated historical resource , traditional cultural property , important archaeological site , or a designated contributing resource to a historical district and includes a specific historic preservation development incentive as described in Section 143.0240.

• (p) A Neighborhood Development Permit is required for development that proposes deviations to the development regulations within the mixed-use zones. A Neighborhood Development Permit may not be used to request deviations listed in Section 131.0710(c).

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• (q) A Neighborhood Development Permit is required for development that provides affordable housing, in-fill projects, and/or sustainable buildings identified in Section 143.0915, where a Site Development Permit or Planned Development Permit would otherwise be required.

• (r) A Neighborhood Development Permit is required for a Lot Line Adjustment on a premises containing environmentally sensitive lands as described in Section 143.0110.

• (s) A Neighborhood Development Permit is required for development that deviates from the Climate Action Plan Consistency Regulations as described in Section 143.1403(c).

• (t) A Neighborhood Development Permit is required for development that deviates from the required area for public spaces as described in Section 132.1615(b)(1).

(Amended 4-22-2002 by O-19051 N.S.; effective 10-8-2002.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 6-15-2007 by O-19624 N.S.; effective 7-15-2007.) (Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.) (Amended 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (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 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 3-22-2018 by O-20920 N.S.; effective 4-21-2018.) (Amended 8-9-2019 by O-21117 N.S.; effective 9-8-2019.) (Amended 9-12-2019 by O21118 N.S.; effective 10-12-2019.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 9-21-2022 by O-21528 N.S; effective 10-23-2022.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)

[Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]

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