San Diego Municipal Code Div. 2 Designation of Historical Resources Procedures

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

The purpose of these procedures is to establish a process to identify and designate for preservation those historical resources that embody the special elements of the city’s architectural, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritages. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Nominations. Nominations of a historical resource to become a designated historical resource may originate from the Historical Resources Board, the City Manager, the City Council, or any member of the public including the property owner by submitting a research report or similar documentation, as identified in the Historical Resources Guidelines of the Land Development Manual, to the Board’s administrative staff for consideration by the Board. Nominations from the City Manager may originate as a result of a site- specific survey required for the purpose of obtaining a construction or development permit consistent with Section 143.0212.

(b) Public Notice to Record Owner. The City Manager shall mail a notice to the
owner of the property being considered for designation at least 10 business
days before the Board hearing. Notice to the record owner shall contain
information about the potential impacts of designation; the date, time, and
place of the Board hearing; a brief description of the general procedures for
the conduct of the Board hearing; the procedures and requirements for filing
an appeal; and how to contact the Board’s administrative staff regarding
information for making a presentation to the Board on the proposed
designation. No action shall be taken by the Board to designate a historical
resource except at a public hearing that provides all interested parties an
opportunity to be heard.

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San Diego Municipal Code Chapter 12: Land Development Reviews (6-2026)

(c) Adequacy of Research Report. The decision on whether or not to designate a historical resource shall be based on the information in a research report, as specified in the Historical Resources Guidelines of the Land Development Manual, and the totality of the record before the Board including public testimony. If the Board determines, either by public testimony or other documentary evidence presented to it, that the research report is not adequate to assess the significance of the historical resource, the Board may continue its consideration of the property for up to two regular meetings and direct that a research report be prepared by the applicant with specific direction from staff as to the inadequacies of the original report.

The revised research report may be prepared by City staff or volunteers, with
a copy provided to the record owner at least 10 business days before the next
Board meeting at which the designation will be considered. If a final decision
is not made within 90 calendar days from the first Historical Resources Board
public hearing in which the designation is considered, the consideration of the
property for designation by the Board shall terminate unless a continuance has
been granted at the request of the record owner.

(d) Continuance. At the request of the property owner, the Historical Resources
Board shall grant a continuance of one scheduled Board meeting after the
motion has been made to designate a historical resource.

(e) Historical Resources Board Decision. The Historical Resources Board shall
review the Research Report and shall make a decision on whether to designate
a historical resource based on the criteria specified in, and consistent with the
procedures of the Historical Resources Guidelines of the Land Development
Manual. The action to designate shall require the affirmative vote by six
members of the Board.

(f) Findings. The decision to designate a historical resource shall be based on
written findings describing the historical significance of the property.

(g) Re-initiation of Designation Proceedings. Designation procedures may not be
re-initiated within 5 years without owner consent, absent significant new
information.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 12-15-2006 by O-19557 N.S.; effective 1-14-2007.)
(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

Ch. Art. Div. http://docs.sandiego.gov/municode_strikeout_ord/O-22076-SO.pdf ] 12 3 2 2

San Diego Municipal Code Chapter 12: Land Development Reviews (6-2026)

A decision by the Historical Resources Board to designate a property may be appealed to the City Council in accordance with this section. No other actions of the Board may be appealed.

(a) The Historical Resources Board’s action to designate a property may be
appealed to the City Council by an applicant or an interested person on any of
the following grounds:

(1) Factual Error. The statements or evidence relied upon by the Historical
Resources Board at the designation hearing were inaccurate; or

(2) New Information. New information relevant to the property’s
eligibility for historic designation is available to the applicant or the
interested person that was not available through that person’s
reasonable efforts or due diligence at the time of the designation
hearing; or

(3) Findings Not Supported. The Board’s stated findings to designate in
accordance with the City of San Diego Historical Resources Register
historic designation criteria as specified in the Historical Resources
Guidelines of the Land Development Manual and the Guidelines for
the Application of Historical Resources Board Designation Criteria in
the appendices of the Historical Resources Guidelines are not
supported by the information provided to the Board; or

(4) Violation of Bylaws or Hearing Procedures. In making the designation
decision, the Board or an individual Board member did not adhere to
the Board’s bylaws or hearing procedures.

(b) A decision by the Historical Resources Board to designate a property is
final 11 business days following the decision of the Board unless an
appeal to the City Council is filed with the City Clerk no later than
10 business days after the decision of the Board.

(c) An application for an appeal shall be submitted to the City Clerk in writing
and contain the following information:

(1) The name, address, and telephone number of the person filing the
appeal and information that establishes the basis on which the
appellant is an interested person;

(2) The name of the record owner;

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San Diego Municipal Code Chapter 12: Land Development Reviews (6-2026)

(3) The name of the applicant who submitted the nomination to designate
the property;

(4) The decision being appealed and the date of the decision;

(5) The specific grounds, clearly identified, upon which the appellant is
filing the appeal. All grounds must be specified in the appeal; and

(6) Any information or exhibits supporting the appeal that are available at
the time the appeal is filed.

(d) Upon the filing of the appeal, the City shall set the matter for public hearing
no later than 180 calendar days after the date on which the application for
appeal is filed, and shall give written notice by mail to the record owner and
the appellant of the location, time, and date set for the hearing; a brief
description of the general procedures concerning the appeal hearing; and how
to conduct the Board’s administrative staff. Failure by the City to set the
hearing within the time frame specified above shall not limit the authority of
the City Council to consider the appeal. At the public hearing on the appeal,
the City Council may by resolution affirm, reverse, or modify the
determination of the Board and shall make written findings in support of its
decision.

(e) The appellant may withdraw an appeal at any time prior to the
commencement of the public hearing before the City Council. The withdrawal
of the appeal must be in writing and filed with the City. If the appellant
withdraws an appeal, no appeal hearing will be conducted. The withdrawal of
an appeal does not entitle the appellant to any refund of appeal-related costs
or fees incurred as of the date of the withdrawal.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 8-9-2019 by O-21115 N.S.; effective 9-8-2019.)
(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 ]

Ch. Art. Div. 12 3 2 4

San Diego Municipal Code Chapter 12: Land Development Reviews (6-2026)

No later than 90 calendar days following the final decision to designate a historical resource, the City Manager shall record the designation with the County Recorder. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The Historical Resources Board may amend or rescind any designation of a historical resource in the same manner and procedure as was followed in the original designation. This action may be taken only if there is new information, the discovery of earlier misinformation, or a change in circumstances surrounding the original designation. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Upon receipt of a request from the California Office of Historic Preservation, the Historical Resources Board shall review a nomination for inclusion of a resource in the National Register of Historic Places and shall provide a recommendation whether the nominated resource meets the criteria for listing in the National Register. The recommendation shall be provided to the City Manager for conveyance to the State Historic Resources Commission consistent with the City’s obligations as a Certified Local Government and the requirements of the National Historic Preservation Act.

(b) If a nomination to the National Register of Historic Places or California
Register of Historical Resources is prepared by the City, the City Council may
consider endorsing the nomination prior to submittal to the State of Historic
Preservation.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(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 ]

Ch. Art. Div.
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San Diego Municipal Code Chapter 12: Land Development Reviews (2-2019)

Article 3: Zoning

Division 3: Zoning Use Certificate Procedures
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Repealed 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (4-2024)

Article 3: Zoning