Division 7 — Public Right-of-Way Permits

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

The purpose of these procedures is to establish the process for review of Public Right-of-Way Permit applications for compliance with the regulations set forth in Chapter 5, Article 4 and Chapter 6, Article 2 and to protect the public health, safety, and welfare.

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

• (a) A Public Right-of-Way Permit is required for the following unless otherwise exempt under Section 129.0703:

  • (1) The construction of public improvements by an entity other than the City;

  • (2) The construction of privately owned structures , facilities, or improvements in the public right-of-way or in a public service easement ;

  • (3) Any construction activity within a public right-of-way as required by Municipal Code Sections 54.0116 and 54.0117;

  • (4) The planting of any tree, shrub, or plant greater than 30 inches in height in the public right-of-way ; where not otherwise covered by a Street Tree Permit per Chapter 6, Article 2, Division 6 (Street Planting).

• (b) The City Engineer may:

  • (1) Require a building permit for private structures encroaching in the public right-of-way in addition to, or in place of, a Public Right-ofWay Permit; or

  • (2) Waive the requirement for a Public Right-of-Way Permit as provided in the Land Development Manual.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

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(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

Exemption from the Public Right-of-Way permit requirements does not authorize any work to be done in violation of the provisions of the public right-of-way regulations or other applicable local or state regulations. A Public Right-of-Way Permit is not required for the following work:

• (a) The installation of underground irrigation systems in the parkway that will be maintained by the fronting property owner; and

• (b) The installation of landscape in the parkway that is less than 30 inches high and will be maintained by the fronting property owner or where otherwise covered by a Street Tree Permit per Chapter 6, Article 2, Division 6 (Street Planting).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

An application for a Public Right-of-Way Permit shall be submitted in accordance with Sections 112.0102 and 129.0105. The submittal requirements for Public Rightof-Way Permits are listed in the Land Development Manual. A development permit is required prior to issuance of a Public Right-of-Way Permit for the following:

• (a) If the proposed encroachment involves construction of a privately-owned structure or facility into the public right-of-way dedicated for a street or an alley , and where the applicant is the record owner of the underlying fee title, a Neighborhood Development Permit is required in accordance with Section 126.0402(j) except for the following, which are subject to approval by the City Engineer in accordance with Process One:

  • (1) Private hardscape improvements in the public right-of-way including ramps required to accommodate required access for disabled persons ;

  • (2) Fences or walls that meet the following criteria:

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  - (A) There is no present use for the subject _public right-of-way_ ; 

  - (B) The proposed _encroachment_ is consistent with the underlying zone, city standards, and policies: 

  - (C) The proposed _encroachment_ shall be 3 feet or less in height. 

• (3) The encroachment is permitted under Chapter 6, Article 2, Division 11 (Utilities) or as a private underground utility service to the applicants property.

• (4) The encroachment is permitted under Chapter 6, Article 2, Division 10 (Newsracks).

• (5) The encroachment is permitted under Section 141.0621 (Sidewalk Cafes, Streetaries, and Active Sidewalks).

• (6) Temporary monitoring wells in the public right-of-way.

• (7) Encroachments for temporary shoring and tie-backs.

• (8) Outside the Coastal Overlay Zone, encroachment of below- grade structures into the public right-of-way up to 3 feet behind the existing curb line and at least 3 feet below the existing curb line, or encroachment of above- grade structures into the public right-of-way up to 4 feet and at least 8 feet above the finished grade of the curb line.

• (9) Encroachment of equipment necessary for fiber optic development or a wireless communication facility into the public right-of-way by applicants for the fiber optic or wireless communication facility industries that can demonstrate that installation of the equipment cannot be undergrounded, as verified by the City Engineer or designee. The equipment shall not exceed 3 feet above the finished grade of the curb line and 4 feet in diameter.

• (10) The encroachment is permitted under Section 141.0629 (Promenade).

• (b) If the proposed encroachment is erected, placed, constructed, established or maintained in the public right-of-way when the applicant is not the record owner of the property on which the encroachment will be located, a Site Development Permit is required in accordance with Section 126.0502(d)(6), except for the following:

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• (1) Encroachments listed in Section 129.0710(a)(4) through (8).

• (2) Underground utility connections to a public main shall require a Neighborhood Development Permit in accordance with Section 126.0402(j).

• (3) Temporary monitoring wells in the public right-of-way.

• (4) Encroachments where the applicant has written permission from the record owner of the underlying fee title in a form to the satisfaction of the City Manager shall be processed in accordance with Section 129.0710(a).

• (5) Community entry signs in accordance with Section 141.1101.

• (6) Encroachment of equipment necessary for fiber optic development or a wireless communication facility into the public right-of-way by applicants for the fiber optic or wireless communication facility industries that can demonstrate that installation of the equipment cannot be undergrounded, as verified by the City Engineer or designee. The equipment shall not exceed 3 feet above the finished grade of the curb line and 4 feet in diameter.

• (c) If the proposed encroachment includes underground or overhead structures which extend into the public right-of-way beyond the ultimate curb line, or other encroachments which, in the opinion of the City Manager, are of sufficient public interest to warrant City Council approval, a Process Five Site Development Permit shall be obtained in accordance with section 126.0502(e) prior to the issuance of a Public Right-of-Way Permit.

• (d) Notwithstanding Sections 129.0710(a)-(c), a development permit is not required prior to issuance of a Public Right-of-Way Permit for placemaking , improvements required in accordance with the Climate Action Plan Consistency Regulations in Chapter 14, Article 3, Division 14, or a recreational amenity in the public right-of-way subject to the following regulations. For purposes of Section 129.0710, a recreational amenity is defined as any improvement that provides recreational value to residents or visitors and that enhances the pedestrian or bicycle travel experience.

  • (1) Applicants proposing a placemaking or recreational amenity project in the public right-of-way shall demonstrate to the satisfaction of the City Manager that the project constitutes a lawful use of the public right-ofway.

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• (2) Written permission from the record owner of the property underlying the public right-of-way is required.

• (3) If the placemaking or recreational amenity project includes the temporary removal of one or more parking spaces to accommodate the project, the City Manager may approve the temporary removal as part of the Public Right-of-Way Permit only in accordance with the procedures described in Municipal Code section 86.0104, except that compliance with the Angle Parking Standards shall not be required unless otherwise applicable.

creational amenity project includes the temporary removal of one or more parking spaces to accommodate the project, the City Manager may approve the temporary removal as part of the Public Right-of-Way Permit only in accordance with the procedures described in Municipal Code section 86.0104, except that compliance with the Angle Parking Standards shall not be required unless otherwise applicable.

• (4) The term of the Public Right-of-Way Permit shall not exceed five years with the exception of placemaking , recreational amenities and improvements provided in accordance with the Climate Action Plan Consistency Regulations. The term shall not be limited in accordance with Municipal Code section 129.0750 and shall not be eligible for an extension of time pursuant to Municipal Code section 129.0751. Placemaking, recreational amenities, and improvements provided in accordance with the Climate Action Plan Consistency Regulations shall be removed in accordance with the Encroachment Maintenance and Removal Agreement required in Section 129.0715.

• (5) The permit holder shall be responsible for maintaining the placemaking or recreational amenity project. Maintenance shall include, but not be limited to, posting of the name, phone number, and email address of the party responsible for the placemaking or recreational amenity project in a location visible from the public rightof-way , keeping the placemaking or recreational amenity project area free of litter, and preventing litter attributable to the placemaking or recreational amenity project from occurring on adjacent properties.

• (6) A placemaking or recreational amenity use that contains elements governed by other laws and regulations shall also be subject to those laws and regulations.

• (7) The placemaking or recreational amenity project shall not occur in an Industrial Base Zone or a Residential-Single Unit (RS) Zone.

• (8) The placemaking project shall not include commercial services, retail, or assembly and entertainment uses as accessory uses . If a placemaking project is located within 15 feet of a permitted eating and drinking establishment, its use as a streetary in accordance with Section 141.0621(b) shall be allowed.

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• (9) The placemaking or recreational amenity project and improvements provided in accordance with the Climate Action Plan Consistency Regulations shall allow for safe and efficient visibility and circulation for motor vehicle users and other users of the public right-of way , including bicyclists and pedestrians, and shall not impede the safe use of parking spaces or travel lanes in the public right-of-way , as determined by the City Engineer.

• (10) In the Coastal Overlay Zone, an applicant for a placemaking or recreational amenity project in the public right-of-way shall obtain a Coastal Development Permit pursuant to Section 126.0702.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 1-23-2013 by O-20235 N.S.; effective 2-22-2013.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 3-20-2017 by O-20797 N.S.; effective 6-7-2017.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 5-22-2018 by O-20928 N.S.; effective 6-21-2018.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 10-24-2019 by O-21142 N.S.; effective 2-14-2020.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 4-27-2021 by Emergency Ordinance O-21315 N.S.; effective 4-27-2021.)

[Editors Note: This Ordinance is effective citywide, including inside the Coastal Overlay Zone, which is subject to California Coastal Commission jurisdiction. The Coastal Commission determined the Ordinance did not require certification on April 23, 2021. The Ordinance is effective for 45 days from the effective date, unless extended pursuant to California Government Code section 65858. ]

(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 1-27-2022 by O-21417 N.S.; effective 2-26-2022.) (Amended 5-23-2022 by O-21458 N.S.; effective 6-22-2022.) (Amended 9-21-2022 by O-21528 N.S; effective 10-23-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

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• (a) An Encroachment Maintenance and Removal Agreement is required for any privately-owned and/or privately-maintained encroachment located in the public right-of-way or in a public service easement subject to the following:

  • (1) The encroachment shall not adversely affect the public’s health, safety, or general welfare and shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the record owner or permit holder , as applicable, to the satisfaction of the City Engineer.

  • (2) The record owner or permit holder , as applicable, shall agree to indemnify the City with an indemnification agreement satisfactory to the City Manager and City Attorney. For streetaries and active sidewalks allowed in accordance with Section 141.0621, the indemnification shall include any claims, damages, or injuries that occur to or within the streetary or active sidewalk area against the City or any utility provider whose facilities are located within the public right-of-way .

  • (3) The record owner or permit holder , as applicable, shall agree to and shall remove or relocate the encroachment to the satisfaction of the City Engineer within 30 days after notice by the City Engineer, or the City Engineer may cause such work to be done, and the costs thereof shall be a lien upon said land, or the record owner or permit holder , as applicable, shall agree to an equivalent to the requirement for removal as determined by the City Engineer. The record owner or permit holder , as applicable, may also be required to remove a streetary to the satisfaction of the City Engineer at no cost to the City or any other utility provider that owns or maintains facilities within the public right-of-way to avoid flooding or to protect public health and welfare. The record owner or permit holder , as applicable, may also be required to remove a streetary to provide non-emergency access to any utility provider that owns or maintains facilities located within the public right-of-way with 30 days notice. Active sidewalks allowed in accordance with Section 141.0621 shall not be required to be removed by the record owner or permit holder , as applicable.

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• (4) For encroachments over or under the public right-of-way , the record owner or permit holder , as applicable, shall agree to and shall provide an alternate public right-of-way or relocation of any existing or proposed City facility to a new alignment, all without cost or expense to the City, whenever it is determined by the City Engineer that any existing or proposed City facility cannot be economically placed, replaced, or maintained due to the presence of the encroachment.

holder_ , as applicable, shall agree to and shall provide an alternate public right-of-way or relocation of any existing or proposed City facility to a new alignment, all without cost or expense to the City, whenever it is determined by the City Engineer that any existing or proposed City facility cannot be economically placed, replaced, or maintained due to the presence of the encroachment.

• (5) Whatever rights and obligations were acquired by the City with respect to the public right-of-way or public service easement shall remain and continue in full force and effect and shall in no way be affected by the City’s grant of permission to construct and maintain the encroaching structure .

• (6) Except as provided in Section 129.0715(a)(7), the record owner or permit holder , as applicable, shall maintain a minimum policy of $1 million liability insurance, satisfactory to the City Engineer, to protect the City from any potential claims which may arise from the encroachment.

• (7) For encroachments serving a single dwelling unit , the record owner or permit holder , as applicable, shall maintain a policy of $500,000 liability insurance satisfactory to the City Engineer to protect the City from any potential claims which may arise from the encroachments .

• (8) In the event the City is required to place, replace, or maintain a public improvement over which the record owner or permit holder , as applicable, has constructed an encroachment , the record owner or permit holder shall pay the City that portion of the cost of placement, replacement, or maintenance caused by the construction or existence of the encroachment .

• (9) The record owner or permit holder , as applicable, shall pay the City for the cost of placing, replacing, or maintaining a public improvement within a public right-of-way when the City’s facility has failed as a result of the construction or existence of the encroachment.

• (10) The costs of placing, replacing, or maintaining the public improvement shall include the cost of obtaining a necessary alternate easement.

• (11) The record owner or permit holder , as applicable, shall pay the City or public utility, as applicable, for all costs of relocating, replacing, or protecting a facility within the public right-of-way or public service easement when such relocation, replacement, or protection results from the construction or existence of the encroachment .

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• (b) The City may require a record owner or permit holder , as applicable, to record the Encroachment Maintenance and Removal Agreement in the Office of the County Recorder. However, a record owner or permit holder , as applicable, shall record in the Office of the County Recorder any Encroachment Maintenance and Removal Agreement for a streetary and active sidewalk allowed in Section 141.0621 and a promenade allowed in Section 141.0629.

mit holder_ , as applicable, to record the Encroachment Maintenance and Removal Agreement in the Office of the County Recorder. However, a record owner or permit holder , as applicable, shall record in the Office of the County Recorder any Encroachment Maintenance and Removal Agreement for a streetary and active sidewalk allowed in Section 141.0621 and a promenade allowed in Section 141.0629.

( Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.)

The preparation of plans for and the construction of, work regulated by this division shall only be performed by persons with the following qualifications:

• (a) Public Improvement Plans required for work authorized under this division shall be prepared by a civil engineer licensed by the State of California;

• (b) Geotechnical reports required for work authorized under this division shall be prepared by professionals as licensed and allowed by the California Business and Professions Code and as specified in Land Development Manual;

• (c) Drainage reports required for work authorized under this division shall be prepared by a civil engineer licensed by the State of California;

• (d) Grading plans required by this division shall be prepared by professionals as licensed and allowed by the California Business and Professions Code;

• (e) Landscaping plans for revegetation or planting in public rights-of-way required for work authorized under this division shall be prepared by a landscape architect or other professional as licensed and authorized by the California Business and Professions Code; and

• (f) All construction work regulated by this division shall be performed by a contractor licensed by the State of California, with the following exceptions:

  • (1) Any person owning property that is or will be that person’s primary residence may perform grading on that property.

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(2) Any construction work authorized by a Public Right-of-Way Permit as a result of application by a public utility may be performed by the public utility .

(“Qualifications to Prepare Plans and Perform Construction Work in the Public Right-of-Way” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Retitled to “Qualifications to Prepare Plans and Perform Construction Work in the Public Right-of-Way or Public Service Easement” 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

A decision on an application for a Public Right-of-Way Permit shall be made in accordance with Process One. A Public Right-of-Way Permit shall be approved if the proposed work is consistent with the Municipal Code, applicable development standards, and any development permits approved for that project.

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

For a Public Right of Way Permit required by Chapter 14, Article 2, Division 12, a decision to approve or deny the permit shall be made no more than forty-five business days after the date on which the application is deemed complete . When a decision is not made within the required time, and the applicant does not waive time, the application shall be deemed denied. The timeliness requirement may be waived by the applicant .

(“Timeliness of Decision” added 1-13-2004 by O-19253 N.S.) (Amended 2-14-2005 by O-19356 N.S.)

For a Public Right of Way Permit required by Chapter 14, Article 2, Division 12, an applicant may seek judicial review of a final decision on the permit application, pursuant to California Code of Civil Procedure section 1094.8. This provision does not limit an applicant’s ability to seek judicial review by other means.

(“Judicial Review” added 1-13-2004 by O-19253 N.S.)

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• (a) A Public Right-of-Way Permit may be issued after the construction plans have been approved by the City Engineer, the prescribed fees have been paid, the required insurance has been guaranteed, and the required bond has been posted.

• (b) A Public Right-of-Way Permit shall not be issued for a development that requires a development permit until the development permit has been issued.

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

• (a) The applicant shall not begin any work, construction, or use within a public right-of-way or public service easement that will be authorized by a Public Right-of-Way Permit until the permit has been issued and the applicant has obtained a traffic control permit.

• (b) Work within the public right-of-way shall be performed only during the dates and hours specified in the approved traffic control permit.

(“Commencement of Work Within a Public Right-of-Way” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Commencement of Work within a Public Right-of-Way or Public Service Easement” and amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (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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• (a) A Public Right-of-Way Permit shall expire by limitation and become void 24 months after the date of permit issuance, unless an exception is granted in one of the following ways:

  • (1) At the time of permit issuance, the City Manager may approve an expiration date exceeding 24 months if the permittee can demonstrate that the complexity or size of the project makes completion of the project within 24 months unreasonable. The expiration date for the Public Right-of-Way Permit shall be specified on the permit; or

  • (2) A Public Right-of-Way Permit issued as part of a subdivision improvement agreement shall expire in accordance with the terms of that agreement.

  • (3) A Public Right-of-Way Permit associated with a valid Building Permit shall expire concurrently with the Building Permit.

• (b) If the work authorized by a Public Right-of-Way Permit has not received final inspection approval by the permit expiration date, all work shall stop until a new permit is issued.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

The expiration date for a Public Right-of-Way Permit may be extended as follows:

• (a) An application for an extension of time shall be filed with the City Manager before, but no earlier than 60 calendar days before, the permit expiration date. The City Manager may extend the Public Right-of-Way Permit for a period not exceeding 180 calendar days if the City Manager determines that circumstances beyond the control of the permittee prevented completion of the work. A Public Right-of-Way Permit shall not be extended more than once except as provided in Section 129.0751(d).

• (b) If an application for an extension of time has been submitted by the expiration date, and in accordance with this section, the existing Public Right-of-Way Permit shall automatically be extended until the City Manager has made a decision on the application for an extension.

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• (c) If a Public Right-of-Way Permit expires before an application is submitted for an extension of time, an extension shall not be granted. To proceed with the same development , a new application is required and the application shall be treated as a new application.

• (d) If an extension of time has been previously approved in accordance with Section 129.0751(a), the City Manager may extend the expiration of a Public Right-of-Way Permit one additional time if the City Manager finds the following:

  • (1) There has not been a significant change in the regulations applicable to the site since the date of permit issuance;

  • (2) The additional extension is in the public interest; and

  • (3) Circumstances beyond the control of the applicant prevented the authorized work from proceeding.

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

• (a) A proposed construction change to a Public Right-of-Way Permit must be approved before the commencement of the construction change. A decision on a construction change shall be made in accordance with Section 129.0730.

• (b) A proposed construction change to a Public Right-of-Way Permit that was approved in conjunction with another permit or map may be approved only if the proposed change is in substantial conformance with the other approved permit or map. If the proposed change is not in substantial conformance with the other approved permit or map, the other permit or map must be amended before consideration of the construction change.

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

All work in the public right-of-way that is authorized by a Public Right-of-Way Permit shall be inspected by the City Engineer in accordance with Section 129.0111 and the inspection requirements of the Land Development Manual. Professional inspection in accordance with Section 129.0761 shall be provided by the Engineer of Record as designated by the permittee.

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

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• (a) The permittee shall retain and designate an Engineer of Record for each area of technical expertise needed to provide professional inspection services as required by the City Engineer and described in the Land Development Manual.

• (b) If an Engineer of Record is changed, the work shall be stopped until the replacement Engineer has agreed in writing to accept responsibility as Engineer of Record. The permittee is responsible for notifying the City Engineer in writing of any change before work resumes.

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

The permittee shall notify the City Engineer when the work is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved plans and the as-built plans and As-Graded Reports have been submitted to and approved by the City Engineer in accordance with standards established in the Land Development Manual. If the work in the public right-of-way is a requirement for a Building Permit, the Certificate of Occupancy shall not be issued until the work is completed by the permittee and approved by the City.

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

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Article 9: Construction Permits

Division 8: Sign Permit Procedures (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to establish the process for review of Sign Permit applications for proposed signs in the City.

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

A Sign Permit is required for the installation or alteration of any sign , except for those signs specifically exempted in Section 129.0803.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

A Sign Permit is not required for the following signs or activities:

• (a) Changing the copy of a sign or maintenance of a sign that does not involve structural or electrical changes;

• (b) Interior signs , except for theater lobby signs ;

• (c) Public utility and safety signs that are required by law;

• (d) Signs that are required by law, other than public utility and safety signs , that do not exceed the minimum dimensions specified by law;

• (e) Real estate signs that are not illuminated;

• (f) Construction site signs that are not illuminated;

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• (g) Nameplate identification signs and combination name plates and address signs with letters that do not exceed 3 inches in height, are not illuminated, and do not exceed 4 square feet in area;

• (h) Accessory warning signs that provide warnings such as “no parking,” “watch dogs,” and “security service” that are not illuminated, do not exceed 12 square feet in area, and do not project over a public right-of-way ;

• (i) Window signs ;

• (j) Signs required by the Fire Department to designate fire lanes;

• (k) Tablets, memorials, and cornerstones that are built into the walls of a building, and provide information such as the name of the building and the date of construction;

• (l) Bulletin boards for charitable or religious organizations provided that the signs do not exceed 16 square feet in area, do not project over a public rightof-way , and are not illuminated; and

• (m) Temporary on-site banners, streamers, and pennants. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) A separate Sign Permit is required for each sign on a premises .

• (b) A Sign Permit will include authorization for any electrical work within the sign . If a structural or electrical engineering analysis is required for a structure because of the proposed sign , the analysis must be approved by the Building Official.

• (c) If the installation of a sign requires modification of a structure , a Building Permit may also be required.

• (d) A Sign Permit shall not be issued if there is a previously conforming sign , or a sign on the premises that is in violation of Chapter 14, Article 2, Division 12 (Sign Regulations). The Sign Permit shall not be issued until any violation or previously conforming sign is either removed or brought into conformance with Chapter 14, Article 2, Division 12.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

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San Diego Municipal Code (1-2016)

Chapter 12: Land Development Reviews

An applicant for a Sign Permit shall file an application for one or more permits as required in accordance with Sections 112.0102 and 129.0105. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision on a Sign Permit application shall be made in accordance with Process One. The Sign Permit shall be approved if the decision maker finds that the work described in the permit application, specifications, and any other required data complies with the requirements of the Land Development Code. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision to approve or deny a Sign Permit shall be made no more than forty-five business days after the date on which the application is deemed complete . When a decision is not made within the required time, and the applicant does not waive time, the application shall be deemed denied. The timeliness requirement may be waived by the applicant .

(“Timeliness of Decision” added 1-13-2004 by O-19253 N.S.) (Amended 2/14/2005 by O-19356 N.S.)

An applicant may seek judicial review of a final decision on any Sign Permit application, pursuant to California Code of Civil Procedure section 1094.8. This provision does not limit an applicant's ability to seek judicial review by other means. (“Judicial Review” added 1-13-2004 by O-19253 N.S.)

• (a) The Sign Permit may be issued after all approvals have been obtained and all required fees have been paid.

• (b) A Sign Permit shall not be issued for any sign that requires a development permit until the development permit has been issued.

(Renumbered from Sec. 129.0808 on 1-13-2004 by O-19253 N.S.)

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San Diego Municipal Code (1-2016)

Chapter 12: Land Development Reviews

A Sign Permit shall expire by limitation and become void 24 months after the date of permit issuance. If the work authorized by the Sign Permit has not been completed by the permit expiration date, all work shall stop until a new permit is issued. If a Sign Permit expires, a new permit application, with the full permit fee, is required.

(Renumbered from Sec. 129.0811 on 1-13-2004 by O-19253 N.S.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

• (a) Before the expiration date of a Sign Permit, a permittee may submit a written application for an extension of time. The City Manager may extend a Sign Permit for a period not exceeding 180 calendar days if the City Manager determines that, based on evidence provided by the permittee, circumstances beyond the control of the permittee prevented completion of the work.

• (b) A Sign Permit may not be extended more than two times.

• (c) A Sign Permit that has expired shall not be eligible to receive an extension of time.

(Renumbered from Sec. 129.0812 on 1-13-2004 by O-19253 N.S.)

Ch. Art. Div. 12 9 8 4

San Diego Municipal Code

Chapter 12: Land Development Reviews

(1-2016)

• (a) Temporary Sign Permits for temporary signs expire 1 year from the date of issuance and may be renewed on a yearly basis with payment of fees as required by schedule of fees established by the City Council.

• (b) Temporary Sign Permits for holiday decorations shall expire 20 calendar days after the holiday to which they pertain.

(Renumbered from Sec. 129.0814 on 1-13-2004 by O-19253 N.S.)

Ch. Art. Div. 12 9 8 5

San Diego Municipal Code

Chapter 12: Land Development Reviews

(5-2020)

Article 9: Construction Permits