San Diego Municipal Code Div. 2 Neighborhood Use Permit Procedures

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

The purpose of these procedures is to establish a review process for developments that propose new uses, changes to existing uses, or expansions of existing uses that could have limited impacts on the surrounding properties. The intent of these procedures is to determine if the development complies with all applicable regulations of the zone and any supplemental regulations pertaining to the use, and to apply conditions that may be necessary to help ensure compliance. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) All existing and proposed uses on the site shall be identified in the permit, including existing or new uses permitted by right in the applicable zone, any uses subject to a use permit, and those proposed uses that require the Neighborhood Use Permit.

(b) In granting a Neighborhood Use Permit, the decision maker may impose
reasonable conditions as deemed necessary and desirable to protect the public
health, safety, and welfare.

(c) The privileges and conditions of a Neighborhood Use Permit are a covenant
that runs with the land and, in addition to binding the permittee, bind each
successor in interest.

(d) The decision maker may assign an expiration date to the permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) An application for the following uses in certain zones may require a Neighborhood Use Permit. To determine whether a Neighborhood Use Permit is required in a particular zone, refer to the applicable Use Regulation Table in Chapter 13:

Artisan Food and Beverage Producer
Automobile service stations
Boarding kennels/pet day care facilities

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San Diego Municipal Code Chapter 12: Land Development Reviews (8-2023)

Community gardens
Comprehensive sign plans
Eating and drinking establishments abutting residential zones (under
circumstances described in Section 141.0607)
Employee housing
Home occupations (under circumstances described in Section 141.0308)
Interim ground floor residential use
Neighborhood identification signs
Parking facilities as a primary use
Recycling facilities (under circumstances described in Section 141.0620)
Revolving projecting signs
Sidewalk cafes that deviate from the requirements of Section 141.0621(a)
Signs with automatic changing copy
Active Sidewalks (under certain circumstances described in Section
141.0621(c))
Streetaries (under certain circumstances described in Section 141.0621(b))
Temporary construction storage yards located off-site
Theater marquees
Urgent care facilities
Veterinary clinics and animal hospitals
Wireless communication facilities (under certain circumstances described in
Section 141.0420)

(b) The following activities require a Neighborhood Use Permit in any zone:

(1) Resumption of a previously conforming use that has been discontinued
for more than 2 years, as described in Section 127.0108; or

(2) Expansion of a previously conforming use of up to 20 percent of the existing gross floor area of the structure, as described in Section 127.0109. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (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 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 12-1-2016 by O-20752 N.S.; effective 12-31-2016.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (8-2023)

(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 5-23-2022 by O-21458 N.S.; effective 6-22-2022.)

A decision on an application for a Neighborhood Use Permit shall be made in accordance with Process Two. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A Neighborhood Use Permit may be approved or conditionally approved only if the decision maker makes the following findings:

(a) Findings for all Neighborhood Use Permits

(1) The proposed development will not adversely affect the applicable
land use plan;

(2) The proposed development will not be detrimental to the public health,
safety, and welfare; and

(3) The proposed development will comply with the regulations of the
Land Development Code including any allowable deviations pursuant
to the Land Development Code.

(b) Supplemental Findings --Wireless Communication Facilities

A Neighborhood Use Permit required in accordance with Section
141.0420(b)(3) may be approved or conditionally approved only if the
decision maker makes the following supplemental findings in addition to the
findings required in Section 126.0205(a):

(1) The proposed wireless communication facility does not interfere with
the free and unobstructed use of the public right-of-way;

(2) The proposed wireless communication facility will not adversely affect
the aesthetic character of the community; and

(3) The proposed wireless communication facility will not interfere with
the City’s ability to use the public right-of-way.

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San Diego Municipal Code Chapter 12: Land Development Reviews (8-2023)

(c) Supplemental Findings – Interim Ground floor residential

An application for a Neighborhood Use Permit for interim ground floor
residential uses may be approved or conditionally approved only if the
decision maker makes the following findings:

(1) The proposed development is physically suitable for residential use
and located within an existing vacant commercial space that has been
vacant for a minimum of six consecutive months.

(2) The ground floor height complies with Section 131.0548.

(d) Supplemental Findings – Streetaries and Active Sidewalks A Neighborhood Use Permit required in accordance with Section 141.0621(b)(5) and 141.0621(c)(7) may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings required in Section 126.0205(a):

(1) The proposed streetary or active sidewalk will not adversely impact
the use of the public right-of-way by pedestrians or bicyclists;

(2) The proposed streetary or active sidewalk is compatible with adjacent
existing, permitted, or planned land uses; and

(3) The proposed streetary or active sidewalk will enhance the public
right-of-way and encourage more pedestrian travel.
(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.)

[Editors Note: Amendments as adopted by O-20261 N.S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission certifies it as 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-20261-SO.pdf ]

(Amended 8-9-2019 by O-21114 N.S. and O-21117 N.S.; effective 9-8-2019.)
(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (8-2023)

It is unlawful for any person to maintain, use, or develop any premises without a Neighborhood Use Permit if such a permit is required for that use or development or to maintain, use, or develop any premises contrary to the requirements or conditions of the Neighborhood Use Permit, except as provided in Sections 126.0112 or 126.0113. Violation of any provision of this Division shall be subject to the enforcement provisions contained in Chapter 12, Article 1. Violations of this Division shall be treated as strict liability offenses regardless of intent. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000. (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

For a Neighborhood Use Permit required by Chapter 14, Article 1, Division 11, 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. (“Judical Review” added 1-13-2004 by O-19253 N.S.)

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Article 6: Development Permits