San Diego Municipal Code Div. 1 General Development Permit Procedures

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

The purpose of these procedures is to provide a review for the types of developments where the applicable regulations may need to be supplemented by project-specific conditions. Development review is not required for all projects. When development review is required, the intent is to provide review at the conceptual or schematic design stage preceding issuance of construction permits. A variety of development permits are provided with varying levels of review to address the variety in size, location, and complexity of developments throughout the City. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The following permits require development review and the development permit procedures apply to these permits: Neighborhood Use Permits, Conditional Use Permits, Neighborhood Development Permits, Site Development Permits, Planned Development Permits, Coastal Development Permits, and Variances. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An applicant for a development permit shall file an application for one or more permits, as required, in accordance with Section 112.0102. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision on an application for a development permit shall be made in accordance with Process Two, Process Three, Process Four, Process Five, Process CIP-Two or Process CIP- Five as indicated in Chapter 12, Article 6, Divisions 1 through 8, for each type of development permit. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)

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An application for a development permit may be approved only if the decision maker determines that the development, as proposed or as conditioned, meets all findings for all required permits as provided in Chapter 12, Article 6, Divisions 2 through 8. If the decision maker determines that any of the findings are not met, the application shall be denied. The decision maker shall record the decision in writing and shall specify the evidence or statements presented that support the findings. (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(a) Development permits affect title to, use of, or possession of real property and shall be recorded in the Office of the County Recorder of San Diego County.

(b) After the date on which all rights of appeal have expired, the applicant shall
sign and return a copy of the approved permit to the City.

(c) The City will forward the permit and the resolution approving the permit to
the County Recorder for recordation provided that the applicant has paid all
required fees and costs in accordance with Section 112.0202.

(d) Before the City forwards the permit for recordation, the applicant may submit
a request in writing to the City Manager that the City obtain a certified copy
of the permit from the County Recorder. The applicant shall pay the fees to
obtain the certified copy.
(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.)

(a) A development permit will be issued to the applicant within 5 business days of the date on which the original recorded permit or a certified copy of the permit is returned to the City from the County Recorder.

(b) It is unlawful for any applicant to begin work or use of the property that is
authorized by a development permit until the development permit has been
issued. If a construction permit is also required, construction may not begin
until the construction permit has been issued.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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(a) A development permit grants the permit holder 36 months to initiate utilization of the development permit. If utilization does not occur in accordance with this Section within 36 months after the due date on which all rights of appeal have expired, and an application for an extension of time was not timely filed, the development permit shall be void. Development permits issued for projects utilizing Type 1 construction as defined in Chapter 6 of the California Building Code shall be granted an additional 12 months to initiate utilization of the development permit.

(b) To demonstrate utilization, the permit holder shall establish, with evidence
identified in Section 126.0108(c), that at least one of the following
circumstances occurred before expiration of the development permit:

(1) Significant investment was incurred to meet permit conditions;

(2) Substantial work was performed in reliance on the development permit
granted; or

(3) Use of the property has occurred in the manner granted by the
development permit.

(c) Upon request, the permit holder shall provide evidence of the following, to
the satisfaction of the City Manager:

(1) Issuance of a construction permit for the entire project or for a
substantial portion of the activity regulated by the development permit,
according to standards developed by the City Manager;

(2) Compliance with the terms contained in the individual permit, such as
a phasing program, or the terms contained in an approved
Development Agreement;

(3) Evidence of substantial use as granted by the development permit,
according to standards developed by the City Manager;

(4) Approval of a final map or a parcel map, or acceptance of an
easement, if the map or easement was a condition of, or was processed
concurrently with, the development permit; or

(5) Other facts demonstrating the occurrence of any of the circumstances
described in Section 126.0108(b).

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(d) Development permits for capital improvement program projects or public projects are exempt from the permit utilization requirement of Section 126.0108(a), except that:

(1) Outside the Coastal Overlay Zone, if 10 years have passed from the
date on which all rights of appeal have expired and the City is unable
to establish, with evidence in accordance with Section 126.0108(c),
that at least one of the circumstances identified in Section 126.0108(b)
occurred, then the development permit shall be void.

(2) In the Coastal Overlay Zone, if 6 years has passed from the date on
which all rights of appeal have expired and the City is unable to
establish, with evidence in accordance with Section 126.0108(c), that
at least one of the circumstances identified in Section 126.0108(b)
occurred, then, notwithstanding Section 126.0111(a), an extension not
to exceed 36 months shall be obtained by the City pursuant to
Section 126.0111, or the development permit shall be void. If upon the
expiration of the extension, the City is unable to establish, with
evidence in accordance with Section 126.0108(c), that at least one of
the circumstances identified in Section 126.0108(b) occurred, then the
development permit shall be void.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Retitled to “Utilization of a Development Permit” and 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 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(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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The applicant and record owner for any development shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of any development permit including, but not limited to, any action to attack, set aside, void, challenge, or annul the development permit approval and any environmental determination. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the applicant and record owner for any development shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and applicant and record owner for any development regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant and record owner for any development shall not be required to pay or perform any settlement unless such settlement is approved by applicant and record owner for any development. (“Indemnification for Development Permits” added 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

(a) A permit holder may request cancellation of a development permit at any time before utilization of the permit. The permit holder shall submit the request for cancellation in writing to the City Manager. The development permit shall be void as of the date it is cancelled by the City Manager.

(b) If a development permit has already been utilized in accordance with Section
126.0108, the permit holder may submit an application to rescind the
development permit in accordance with the following:

(1) Where the development complies with all use and development
regulations the application to rescind a development permit shall be
processed in accordance with Process One.

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(2) For development not in compliance with Section 126.0110(b)(1), an
application to rescind a development permit shall be processed in
accordance with the same process as would a new application for the
same permit.

The development permit shall be void as of the date it is rescinded by the City
Manager.

(c) The cancellation or rescission shall thereafter be recorded by the applicant, or
the City may record it by forwarding a written declaration of the cancellation
or rescission to the County Recorder for recordation in accordance with
Section 126.0106.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Retitled to “Cancellation or Rescission of a Development Permit” and amended
5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

(a) Expiration Date. The expiration date of an approved development permit may be extended one or more times. The development permit approval and subsequent development permit extensions shall not exceed a total of 72 months beyond the initial development permit approval date, with the following exceptions:

(1) The 72 month maximum may be exceeded if permitted by any
extension granted pursuant to state law or by any development permit
extension granted by the City Council by ordinance.

(2) When a development permit is associated with a tentative map, any
map extensions granted pursuant to state law shall automatically
extend the expiration of associated development permits to coincide
with the expiration of the tentative map.

(b) Request for Extension. Before the expiration of an approved development
permit, but not more than 12 months before the expiration date, an application
may be filed for an extension of time for a development permit in accordance
with Section 112.0102. If an application for extension of time is timely filed,
the development permit shall be automatically extended for a period of 60
calendar days from the expiration date or until a decision on the extension of
time has been made, whichever occurs first.

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(c) Review of Application. An application for an extension of time of a
development permit shall be reviewed by the City Manager to determine
whether the proposed development has significantly changed or is in
substantial conformance with the approved development permit. If the
proposed development is not in substantial conformance with the approved
development permit, an application for an amendment to the development
permit will be required. An applicant for an extension of time may also
submit an application for, and concurrently process, an amendment to the
approved development permit in order to extend the existing permit in case the
extension of time request is denied.

(d) Decision Process. A decision on an application for an extension of time of a
development permit shall be made in accordance with Process Two, except
that it shall be appealable in accordance with Section 126.0111(i).

(e) Findings for Approval. An extension of time, except for a Coastal Development Permit, may be approved without new conditions if the decision maker makes both of the following findings:

(1) The project as originally approved and without any new conditions
would not place the occupants of the proposed development or the
immediate community in a condition dangerous to their health or
safety; and

(2) No new condition is required to comply with state or federal law.

(f) Findings for Conditional Approval. An extension of time, except for a
Coastal Development Permit, may be approved with new conditions if the
decision maker makes one of the following findings:

(1) New conditions are necessary to protect the health or safety of the
residents of the development or the immediate community; or

(2) New conditions are necessary to comply with applicable state or
federal law.

(g) Findings for Approval for Extension of Time for a Coastal Development
Permit. An extension of time for a Coastal Development Permit may be
approved only if the decision maker makes all of the following findings:

(1) The project as originally approved would not place the occupants of
the proposed development or the immediate community in a condition
dangerous to their health and safety;

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(2) There are no changed circumstances which would affect the project’s
consistency with the Local Coastal Program; and

(3) No new condition is required to comply with state or federal law.

(h) Denial of the Extension of Time. The decision maker shall deny the extension
of time if the project, even as conditioned, would place the residents of the
proposed development or the immediate community in a condition dangerous
to their health or safety, or would not comply with state or federal law.

(i) Appeals. The City Council shall hear appeals of decisions on Extensions of
Time for development permits.

(j) Commencement of Extension. If the extension of time is granted, the extension shall begin from the date of expiration of the previously-approved development permit. (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 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) A proposed modification to an approved development permit may be submitted to the City Manager to determine if the revision is in substantial conformance with the approved permit.

(b) If the revision is determined to be in substantial conformance with the
approved permit, the revision shall not require an amendment to the
development permit.

(c) Where a development permit requires compliance with a regulation in effect
on the date of approval, but that regulation is subsequently amended, the
permit holder may utilize the amended regulation without obtaining an
amendment to its development permit if the permit holder can demonstrate to
the satisfaction of the City Manager that the resulting development is in
substantial conformance with the approved development permit.

(d) If a determination of substantial conformance cannot be made for a
development seeking to utilize an amended regulation in accordance with
Section 126.0112(c), the permit holder may utilize the amended regulation if
the permit holder obtains a Process Two Neighborhood Development Permit.

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(e) Within the Coastal Overlay Zone, any substantial conformance determination
shall be decided in accordance with Process Two, except that a substantial
conformance determination for a capital improvement program project shall
be reached through a Process CIP-Two review.
(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.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Retitled from “Minor Modifications to a Development Permit” to “Modifications to
a Development Permit” and amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

The purpose of this Section is to allow a change in development to occur on a premises that has a utilized development permit in accordance with Section 126.0108, when the proposed development is not included within the scope of the utilized development permit but complies with the use and development regulations of the applicable base zone or overlay zone.

(a) Development that is not included within the scope of a utilized development
permit may be approved without an amendment to the development permit in
accordance with Process One, subject to all of the following:

(1) The proposed use is listed as a permitted use in the applicable base
zone and overlay zones, or listed as a limited use and the proposed
development complies with all limited use regulations;

(2) The proposed development complies with all the development
regulations of the applicable base zone and overlay zones, except
through the use of incentives or waivers as provided in Chapter 14,
Article 3, Division 7 or Chapter 14, Article 3, Division 10;

(3) The proposed development does not require additional development
permits; and

(4) Except as permitted by Section 126.0112, all development within the
scope of the utilized development permit that has received a
construction permit complies with the applicable conditions of the
development permit.

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(b) If the utilized development permit was approved concurrently with an
individual, project-specific rezone action, a permit holder cannot rely on the
provisions of Section 126.0113(a) for a proposed development unless:

(1) A comprehensive community land use plan was adopted or updated
after the utilized development permit was approved; or

(2) The utilized development permit allowed the maximum development allowed under the base zone and applicable overlay zones, accounting for any building restricted easements required as part of the development. (“Development on a Premises with a Utilized Development Permit” added 1-8-2020 by O-21161 N.S.; effective 2-9-2020. Former Section 126.0113 “Amendments to a Development Permit” renumbered to Section 126.0114.) (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

(a) A proposed revision to an approved development permit that would significantly reduce the scope of the development or is not in substantial conformance with the approved development permit requires an amendment to the approved development permit or an application for a new development permit, except that a development permit for industrial development in an industrial zone that is not located within 1,000 feet of a residential zone may be amended by obtaining a Process Two Neighborhood Development Permit.

(b) A proposed change in use from one use category to another or the change,
addition, or deletion of a use within the same use category may require an
amendment to a Neighborhood Use Permit or a Conditional Use Permit,
depending on the uses allowed by the permit, except as provided in Sections
126.0112 or 126.0113.

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(c) An application for an amendment to a development permit shall be acted upon
in accordance with the same process as would a new application for the same
permit. When a development permit includes existing land uses that would not
be permitted as new uses by the underlying base zone, the amendment
application shall nevertheless be acted upon in accordance with the same
process as the original development permit. The application is subject to
environmental review and will be evaluated in accordance with the State
California Environmental Quality Act (CEQA) Guidelines, Sections 15162-
15164. The decision maker may revise existing conditions or impose new
conditions.

(d) An amendment to an existing development permit will not affect the original
expiration date of the permit, unless a change is specifically requested. In such
cases, the application must be deemed complete prior to the development
permit expiration date and the development permit will automatically be
extended until a decision on the amendment request is final and all available
administrative appeals of the project decision have been exhausted.

(e) Within the Coastal Overlay Zone, a proposed change in use which will result
in an intensification of use requires an amendment or a new Coastal
Development Permit.

(f) An amendment to a development permit shall not be required for approval of a sign application in accordance with Section 142.1208. (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 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Renumbered from Section 126.0113 to Section 126.0114 and amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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The development permit application file shall be closed if the applicant fails to submit or resubmit requested materials, information, fees, or deposits 90 calendar days from the date the application was deemed complete or the last written request by the City, whichever is later. Once closed, the application, plans and other data submitted for review may be returned to the applicant or destroyed by the City Manager. To reapply, the applicant shall submit a new development permit application with required submittal materials and shall be subject to all applicable fees and regulations in effect on the date the new application is deemed complete. (“Closing of Development Permit Application” added 6-3-2003 by O-19187 N.S.) (Renumbered from Section 126.0114 to Section 126.0115 on 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

(a) An applicant may request a tolling of the expiration of an approved or conditionally approved development permit for up to 5 years while a lawsuit involving the approval or conditional approval of the development permit is or was pending in a court of competent jurisdiction.

(b) A request to toll the process must be submitted prior to expiration of the
development permit.

(c) A decision regarding a request to toll the expiration date for a development
permit shall be made in accordance with Process One and, additionally, for
development within the Coastal Overlay Zone, in accordance with the
procedures in Section 126.0111(g).

(d) A request to toll the expiration date for a development permit shall be granted
within 40 days of the date of application if it can be demonstrated to the
satisfaction of the City Manager that:

(1) A lawsuit was filed that is related to the processing of an approved or
conditionally approved development permit; and

(2) Tolling of the expiration date for up to 5 years during the lawsuit
would allow time for the applicant to address associated court orders
or procedures related to processing of the development permit.

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San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

(e) Upon resolution of the lawsuit, the applicant shall contact the City Manager
to request the adjusted expiration date for the approved or conditionally
approved development permit. The adjusted expiration date shall allow tolling
as follows:

(1) The credited time for the tolling period shall be limited to the time
period between the date the petition or complaint in the lawsuit was
filed and the date the lawsuit was officially resolved.

(2) The credited time for the tolling period shall not exceed 5 years.

(3) Within the Coastal Overlay Zone, the adjusted expiration date for a
Coastal Development Permit may be granted only if the decision
maker makes all of the findings required by Section 126.0111(g),
Findings for Approval for Extension of Time for a Coastal
Development Permit.
(“Tolling of a Development Permit” added 8-4-2011 by O-20081 N.S.; effective
10-6-2011.)
(Amended 8-30-2013 by O-20293 N.S.; effective 10-10-2013.)
(Renumbered from Section 126.0115 to Section 126.0116 on 1-8-2020 by
O-21161 N.S.; effective 2-9-2020.)

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Article 6: Development Permits