San Diego Municipal Code Div. 3 Notice

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

(a) Notice of Application. A Notice of Application is required for an application for a permit, map, or other matter acted upon in accordance with Process Three, Process Four, Process Five, or Process CIP-Five.

(1) Content. The Notice of Application shall include the following
information:

(A) A general description of the proposed development including,
when applicable, the type of permit, project name, square
footage of proposed construction, and the number of proposed
residential units;

(B) The location and size of the property that is the subject of the
application;

(C) The community planning area in which the proposed
development is located and the name of the contact person, if
any, designated by the officially recognized community
planning group;

(D) The name and telephone number of the City staff person to
contact for additional information; and

(E) The name of the applicant and, with the consent of the
applicant, the applicant’s address and telephone number.

(2) Distribution. The City Manager shall mail the Notice of Application to
the persons described in Section 112.0302(b), no later than 30 calendar
days after the date on which the application is deemed complete and at
least 60 calendar days prior to the first public hearing. The applicant
shall post the Notice of Application on the property that is the subject
of the application in accordance with Section 112.0304.

Ch. Art. Div.
11 2 3 1

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(b) Notice of Future Decision. A Notice of Future Decision shall be provided for
an application for a permit or other matter acted upon in accordance with
Process Two or Process CIP-Two.

(1) Content. The Notice of Future Decision shall include the following
information:

(A) A general description of the proposed development including, when applicable, the type of permit, project name, square footage of proposed construction, and number of proposed residential units;

(B) The location and size of the property that is the subject of the
application;

(C) A statement that the project is exempt from CEQA (California
Environmental Quality Act) or is undergoing preliminary
environmental review;

(D) The community planning area in which the proposed
development is located and the name of the contact person, if
any, designated by the officially recognized community
planning group;

(E) The name, telephone number, and city address of the City staff
person to contact for additional information;

(F) The name of the applicant and, with the consent of the
applicant, the applicant’s address and telephone number;

(G) An explanation that the decision to approve, conditionally
approve, or deny the proposed development will be made by
City staff, without a public hearing, and that the decision date
will not be less than 30 calendar days after the date of mailing
the Notice of Future Decision to allow for sufficient time for
public comment;

(H) A statement that any requests for notification of the staff’s
decision must be received by the City no later than 10 business
days after the date on which Notice of Future Decision is
mailed; and

(I) An explanation of the process to appeal the decision.

Ch. Art. Div. 11 2 3 2

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(2) Distribution. The City staff person approving, conditionally approving, or denying an application for a permit or other matter shall mail a Notice of Future Decision to the persons described in Section 112.0302(b) no later than 30 calendar days after the date on which the application is deemed complete in accordance with 112.0102(b) and at least 30 calendar days prior to the decision date. The applicant shall post the Notice of Future Decision on the property that is the subject of the application in accordance with Section 112.0304.

(c) Notice of Public Hearing. A Notice of Public Hearing shall be provided
before a decision is made on an application for a permit, map, or other matter
acted upon in accordance with Process Three, Process Four, Process Five, or
Process CIP-Five, or an appeal of a Process Two, Process CIP-Two, Process
Three, or Process Four decision, or of an environmental determination. A
Notice of Public Hearing shall also be provided before a decision is made by
the City Council in accordance with Section 132.1555 (Overrule Process).

(1) Content. Except as set forth in Section 112.0301(c)(2), the Notice of
Public Hearing shall include the following information:

(A) The general subject of the public hearing including the type of
development permit and the name of the proposed
development.

(B) The location and size of the property that is the subject of the
application.

(C) The community planning area in which the proposed
development is located.

(D) A general description of the proposed development, including
the square footage of proposed commercial or industrial uses
and the proposed number of dwelling units.

(E) The name of the applicant and, with the consent of the
applicant, the applicant’s address and telephone number.

(F) The identity of the decision maker holding the public hearing.

(G) The date, time, and place of the public hearing.

Ch. Art. Div.
11 2 3 3

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(H) A brief description of the general procedures concerning the conduct of hearing and local actions and the procedure and requirements for filing an appeal. For Process Three or Process Four public hearings, the definition of an interested person for purposes of appeal.

(I) The name and telephone number of the City staff person to
contact for additional information.

(2) The Notice of Public Hearing for an appeal of an environmental
determination shall include the following information:

(A) The general subject of the public hearing, including the type of
environmental determination and the name of the proposed
development.

(B) The location and size of the premises that is the subject of the
application.

(C) The community planning area in which the proposed
development associated with the environmental determination
is located.

(D) The name of the applicant and, with the consent of the
applicant, the applicant's address and telephone number.

(E) The decision-maker will be the City Council.

(F) The date, time, and place of the public hearing.

(G) A brief description of the general procedures concerning the
conduct of hearing and local actions.

(H) The name and telephone number of the City staff person to
contact for additional information.

(3) Distribution. Except as otherwise provided by the Municipal Code, the
City Manager shall publish the Notice of Public Hearing in accordance
with Section 112.0303, and shall mail the Notice of Public Hearing to
the persons described in Section 112.0302(b), at least 10 business days
before the date of the public hearing. Where fees are being imposed on
a specific project to defray the cost of public facilities, the Notice of
Public Hearing shall also be published, in accordance with California
Government Code section 6062a, or as amended.

Ch. Art. Div. 11 2 3 4

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(d) Notice of Availability of Local Coastal Program Amendment. A Notice of Availability is a written notice to advise of the availability of supporting materials for an action that will be taken by the City Council at a future date. A Notice of Availability is required as part of the certification process for Local Coastal Program Amendments in accordance with Section 122.0106(b).

(1) Content. The Notice of Availability of Local Coastal Program
Amendment shall include the following:

(A) A general description of the project;

(B) The location of the property that is the subject of the
application;

(C) The applicable community planning area(s);

(D) The name, telephone number, and city address of the City staff
person to contact for additional information;

(E) The name of the applicant and, with the consent of the
applicant, the applicant’s address and telephone number; and

(F) An explanation that the final decision by the City Council will
occur no sooner than 6 weeks after the date of mailing the
Notice of Availability.

(2) Distribution

(A) The City Manager shall distribute the Notice of Availability at
least 6 weeks prior to the City Council hearing to approve or
deny an amendment to the Local Coastal Program.

(B) The City Manager shall distribute the Notice of Availability to
the persons described in Section 112.0302(b) and to the public
agencies required in accordance with the applicable provisions
of the California Coastal Act and Guidelines for Local Coastal
Program certification.

(C) The Notice of Availability may be combined into a single
notice document with the Notice of Planning Commission
Hearing.

Ch. Art. Div.
11 2 3 5

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(3) A subsequent Notice of Public Hearing shall be provided in
accordance with Section 112.0301(c) prior to final decision by the
City Council.

(e) Notice of Request for Airport Land Use Compatibility Overrule Hearing. A Notice of Request for Airport Land Use Compatibility Overrule Hearing is a written notice to advise of the availability of supporting materials for an overrule action requested in accordance with Section 132.1555 that will be acted on by the City Council at a future date.

(1) Content. The Notice of Request for Airport Land Use Compatibility
Overrule Hearing shall include the following:

(A) A general description of the project;

(B) The location of the property that is the subject of the
application;

(C) The applicable community planning area(s);

(D) The name, telephone number, and city address of the City staff
person to contact for additional information;

(E) The name of the applicant and, with the consent of the
applicant, the applicant's address and telephone number; and

(F) An explanation that a City Council hearing related to the
matter of whether to overrule the Airport Land Use
Commission in accordance with Section 132.1555(e) will be
scheduled no sooner than 6 weeks following the mailing date
of the Notice of Request for Airport Land Use Compatibility
Overrule hearing.

(2) Distribution.

(A) The City Manager shall distribute the Notice of Request for
Airport Land Use Compatibility Overrule Hearing at least 6
weeks prior to the first City Council hearing related to the
matter of whether to overrule the Airport Land Use
Commission.
(B) The City Manager shall distribute the Notice of Request for
Airport Land Use Compatibility Overrule Hearing to the
persons described in Section 112.0302(b).

Ch. Art. Div. 11 2 3 6

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(3) A subsequent Notice of Public Hearing shall be provided in accordance with Section 112.0301(c). (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 7-26-2004 by O-19303N.S.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (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 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)

(a) General Provisions. When the Land Development Code requires a Notice of Application, Notice of Future Decision, Notice of Public Hearing, or other mailed notice, the notice shall be postage prepaid and addressed to the persons identified in Section 112.0302(b). Notice by mail shall be considered complete at the time of deposit in the United States Mail.

(b) Persons Entitled to Notice. Except as provided in Section 112.0302(c), the
Notice of Application, Notice of Future Decision, Notice of Public Hearing,
and Notice of Availability shall be mailed to the following:

(1) The applicant;

(2) All tenant addresses located on the subject property and all addresses
within 300 feet of the boundary of the real property that is the subject
of the application, including each tenant address within a
condominium or apartment complex.

(3) The owners of any real property, as shown on the latest equalized
property tax assessment roll of the San Diego County Assessor,
located within 300 feet of the boundary of the property that is the
subject of the application;

(4) The officially recognized community planning group, if any, that
represents the area in which the proposed development is located, and
officially recognized community planning groups that represent the
area within 300 feet of the location of the proposed development; and

Ch. Art. Div.
11 2 3 7

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(5) Any person who has submitted a written request for notification of the
proposed development to the City staff person named in the Notice of
Future Decision.

(6) The San Diego County Regional Airport Authority (SDCRAA), sitting
as the Airport Land Use Commission, California Department of
Transportation, Division of Aeronautics, and the airport operator, as
applicable, for any development within the Airport Land Use
Compatibility Overlay Zone.

(c) Alternative to Mailed Notice. If the number of tenants and owners to whom
notice would be mailed in accordance with Section 112.0302(b) is greater
than 1,000, notice may be given by placing a display advertisement of at least
one eighth page in a newspaper of general circulation within the City in lieu
of mailing, unless the noticing is required for a Coastal Development Permit.

(d) Notice Address

(1) A notice to the applicant shall be mailed to the address shown on the
application or as indicated on a written change of address form filed
by the applicant with the City.

(2) A notice to each owner of real property located within 300 feet of the
property that is the subject of the application shall be mailed to the
record owner.

(3) A notice mailed to a tenant address shall be addressed “Tenant”.
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective
1-1-2000.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
(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 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

Ch. Art. Div. 11 2 3 8

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

When the Land Development Code requires a Notice of Public Hearing to be published, the City shall submit the Notice of Public Hearing for publication in at least one newspaper of general circulation within the City. A published notice is effective on the date of publication. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

When this division requires a Notice of Application or a Notice of Future Decision to be posted, the applicant shall post the notice in the following manner.

(a) Placement of Notice. The applicant shall post copies of the Notice of
Application or Notice of Future Decision along the street frontage of the
property that is the subject of the application. The notices shall not be spaced
more than 200 feet apart. No more than three notices are required for any
property. If the street frontage is less than 200 feet, only one notice is
required.

(1) The notice shall be printed in black ink on durable material that can
withstand the elements to ensure that the text is legible for the duration
of the posting requirement and located in a conspicuous place on the
property abutting a street.

(2) The notice shall be six feet square in sign area, measuring two feet by
three feet.

(3) Signs may be placed in commercial display windows, attached to
perimeter fencing, or supported on posts not exceeding six feet in
height from the ground level. If the property is surrounded by fences,
walls, or hedges at or near the street property line, additional height
may be provided as necessary to ensure visibility of the sign from the
public right-of-way.

Ch. Art. Div.
11 2 3 9

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(4) The notice shall not be illuminated.

(5) The notice shall remain in place until the expiration of any appeal
period as set forth in the Land Development Code following the
decision by the decision maker. If the decision has been appealed, a
new notice with the appeal hearing date shall be posted. The notice
shall be removed within 10 business days of either the conclusion of
the appeal period or the final decision, whichever occurs later.

(b) Verification of Posting. The applicant shall verify in writing, on a form
prescribed by the City, that the notice has been posted in accordance with this
section, within 5 business days of the date on which the applicant receives the
notice from the City.

(c) Error in Posting. The posting required by this section is intended only to supplement other notice requirements of this division. A decision on an application for a permit, map, or other matter shall not be invalidated because of any error or irregularity in the posting of a notice in accordance with this section.

(d) Maintaining Posted Notices. It is unlawful to deface, damage, move, or
remove a notice posted in accordance with the applicable provisions of the
Municipal Code.
(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 1-27-2022 by O-21416 N.S.; effective 2-26-2022.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

Ch. Art. Div. 11 2 3 10

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

When a land use plan, a zoning ordinance, or a rezoning ordinance is to be considered at a public hearing, the City Manager shall submit a Notice of Public Hearing for publication as set forth in Section 112.0303 to be published at least 10 business days before the date of the public hearing. The Notice of Public Hearing shall include the date, time, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description of the location of the real property, if any, that is the subject of the hearing. This notice shall be provided in addition to the other notices required by this division. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

All notices for a Coastal Development Permit shall include a statement that the development is within the Coastal Overlay Zone, the date of filing of the application and the number assigned to the application. When a Coastal Development Permit is to be considered under Process Two, Process CIP-Two, or at a public hearing, the City Manager shall mail a Notice of Future Decision or Notice of Public Hearing to the California Coastal Commission and all persons requesting notice on Coastal Development Permits. This notice shall be provided in addition to the other notices required by this division. Notices for appealable Coastal Development Permits shall include provisions for appeals to the California Coastal Commission. (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)

(a) When a Local Coastal Program amendment or an implementing ordinance for the Local Coastal Program is to be considered at a public hearing, the City Manager shall mail a Notice of Public Hearing to the persons and agencies required by California Coastal Commission regulations, at least 10 business days before the date of the public hearing. The City Manager shall also submit a Notice of Public Hearing for publication as set forth in Section 112.0303 to be published at least 10 business days before the date of the public hearing.

Ch. Art. Div.
11 2 3 11

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(b) When a Local Coastal Program amendment is to be considered at a public
hearing in connection with a proposed development, the City Manager shall
also mail a Notice of Public Hearing to the persons identified in Section
112.0302(b).

(c) Notice of availability of a Local Coastal Program amendment shall be
provided in accordance with Section 112.0301(d).
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

The notice for appeal hearings of Process Two, Process Three, Process Four, or Process CIP-Two decisions, or of an environmental determination shall be provided in accordance with sections 112.0301(c), 112.0302, and 112.0303. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 7-26-2004 by O-19303 N.S.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)

The failure of any person to receive notice given in accordance with this division and the State of California Planning and Zoning Laws shall not constitute grounds for any court to invalidate any action taken by the City for which the notice was provided and such action shall not be held invalid for noticing errors in the absence of a court’s final determination of invalidity on that basis under the standard set forth in California Government Code section 65010(b). (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.)

In accordance with Chapter 12, Article 8, Division 2, the Planning Director implements the California Environmental Quality Act (CEQA) and the State CEQA Guidelines within the City of San Diego. While not required by CEQA, in some circumstances the City requires the posting of a Notice of Right to Appeal Environmental Determination for activities that are subject to CEQA.

(a) A Notice of Right to Appeal Environmental Determination shall be posted for
an environmental determination for the following:

Ch. Art. Div. 11 2 3 12

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(1) A determination that a project is exempt from CEQA pursuant to a
categorical exemption, that an activity is covered by the common
sense exemption that CEQA applies only to projects which have the
potential for causing a significant effect on the environment, or is
exempt pursuant to State CEQA Guidelines Article 12.5 in accordance
with State CEQA Guidelines Sections 15061(b)(2), 15061(b)(3), or
15061(b)(5);

(2) A determination that a project is exempt from CEQA pursuant to a
statutory exemption, e.g. State CEQA Guidelines Section 15061(b)(1);
and

(3) A decision to adopt or certify a negative declaration, mitigated
negative declaration, or environmental impact report that the City
Manager approves or decides to carry out without a public hearing in
accordance with his powers under City of San Diego Charter
Section 28, including a negative declaration, mitigated negative
declaration, or environmental report for projects decided in accordance
with Process Two.

(b) A Notice of Right to Appeal Environmental Determination is not required to
be posted for the following:

(1) Activities that are not subject to CEQA pursuant to CEQA Guidelines
Section 15060(c) and 15061(b)(4);

(2) Projects with an environmental document subject to a Hearing Officer
or Planning Commission action to adopt or certify; and

(3) Projects with an environmental document or an exemption
determination subject to City Council approval.

(c) A Notice of Right to Appeal Environmental Determination shall include:

(1) An identification of the project, including its common name where
possible and its location;

(2) A brief description of the project;

(3) A statement regarding the type of environmental determination;

Ch. Art. Div.
11 2 3 13

San Diego Municipal Code Chapter 11: Land Development Procedures (2-2025)

(4) A brief statement to support the reasons for the environmental
determination, including citation to applicable State CEQA Guidelines
or statutes; and

(5) The date the Notice of Right to Appeal Environmental Determination
is posted and the time for filing an appeal in accordance with
Section 112.0520(b).

(d) A Notice of Right to Appeal Environmental Determination shall be posted on
the City’s website on the date of the environmental determination.

(e) A Notice of Right to Appeal Environmental Determination shall be distributed
via electronic mail (or by U.S. mail if electronic mail is unavailable) on the
date of the environmental determination as follows:

(1) To the Council Office for the Council District in which the proposed
project is located;

(2) To the officially recognized community planning group, if any, that
represents the area in which the proposed project is located; and

(3) To any person who has submitted a written request for notification of
the proposed development to the City staff person named in the Notice
of Future Decision.

(f) A Notice of Right to Appeal Environmental Determination posted in
accordance with Section 112.0310(d) shall remain posted as follows:

(1) For an environmental determination that involves a development
permit, tentative map, or other discretionary action pursuant to the
Land Development Code, for 10 business days;

(2) For an environmental determination that does not involve a
development permit, tentative map, or other discretionary action
pursuant to the Land Development Code, for 5 business days.
(Added 7-26-2004 by O-19303 N.S.)
(Amended 2-12-2014 by O-20348 N.S.; effective 3-14-2014.)
(Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)
(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

Ch. Art. Div. http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf ] 11 2 3 14

San Diego Municipal Code Chapter 11: Land Development Procedures (10-2014)

Article 2: Required Steps in Processing