San Diego Municipal Code Div. 2 Land Development Authorities and Advisory Boards

(“Applications” repealed 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)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 (“Consolidation of Processing” repealed and “Board of Zoning Appeals” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (“Board of Zoning Appeals” repealed 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

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 (“Preapplication Conference” repealed and “City Council” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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 (“Application Process” repealed and “Planning Commission” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(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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(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 decision-
making procedures of the Land Development Code.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(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 two-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 six
members will expire in any year. The expiration date of all terms of
appointment shall be March 1. The Mayor may designate one member
as Chairperson during March of each year. If the Mayor has not
designated a chairperson by April 30, 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 five historic preservation-related
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. If a
qualified volunteer cannot be found to fill one of the five professional
preservation-related positions, that Board position may be filled by a
second professional from one of the other four historic preservation-
related disciplines. However, no more than two professional Board

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positions should be filled by professionals in the same historic
preservation-related discipline. Other Board 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.

(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 decision-
making authority on applications for development permits involving
designated historical resources in accordance with the decision-
making 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.

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(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.

(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.)
(Amended 3-13-2026 by O-22076 N.S.; effective 6-4-2026.)

[Editors Note: Amendments as adopted by O-22076 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-22076-SO.pdf ]

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(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.

(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.

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(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.

(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.)Ch. Art. Div.

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San Diego Municipal Code Chapter 11: Land Development Procedures (6-2026)

(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

(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;

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(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.

(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.

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(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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