San Diego Municipal Code Div. 5 Site Development Permit Procedures

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

The purpose of the Site Development Permit procedures is to establish a review process for proposed development that, because of its site, location, size, or some other characteristic, may have significant impacts on resources or on the surrounding area, even if developed in conformance with all regulations. The intent of these procedures is to apply site-specific conditions as necessary to assure that the development does not adversely affect the applicable land use plan and to help ensure that all regulations are met. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) A Site Development Permit decided in accordance with Process Three is required where environmentally sensitive lands are present for the following types of development, except that if the development is affordable housing, an in-fill project, and/or a sustainable building, as described in Section 143.0915, it shall be processed in accordance with Section 126.0503 and Section 143.0110, Table 143-01A:

(1) Single dwelling unit development that involves any of the following:

(A) Development on a premises containing sensitive coastal bluffs
or coastal beaches, as described in Section 143.0110;

(B) Development on lots greater than 15,000 square feet containing
sensitive biological resources or steep hillsides as described in
Section 143.0110; or

(C) Development on lots less than or equal to 15,000 square feet
that are joined in ownership to a contiguous lot so that the total
area of contiguous ownership exceeds 15,000 square feet
where sensitive biological resources or steep hillsides are
present, as described in Section 143.0110.

(2) Multiple unit residential development on a premises containing
environmentally sensitive lands, as described in Section 143.0110.

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(3) Commercial development on a premises containing environmentally
sensitive lands, as described in Section 143.0110.

(4) Industrial development on a premises containing environmentally
sensitive lands, as described in Section 143.0110.

(b) A Site Development Permit decided in accordance with Process Three is
required for residential development that involves any of the following:

(1) Development of mobilehome parks within the RS or RX zones, as
described in Section 143.0302.

(2) Within the Mobilehome Park Overlay Zone, discontinuance of a
mobilehome park, as described in Section 143.0630.

(3) Multiple unit residential development that varies from minimum
parking requirements, as described in Section 142.0525(a).

(4) Development of a small lot subdivision in accordance with Section 143.0365.

(c) A Site Development Permit decided in accordance with Process Three is
required for the following types of development.

(1) In the Community Plan Implementation Overlay Zone, as described in
Section 132.1402, development in the area designated “Type B” or
development in the area designated “Type A” that does not comply
with the development standards in the applicable community plan,
except that if the development is affordable housing, an in-fill project,
and/or a sustainable building, as described in Section 143.0915, it shall
be processed in accordance with Section 126.0503 and
Section 132.1402, Table 132-14B.

(2) Development in the Mission Trails Design District, as described in

(3) Development in the Urban Village Overlay Zone, as described in

(4) Public improvements required in association with private development that involve development of more than 3,000 feet of property frontage, as described in Section 142.0612.

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(5) Public improvements required in association with private development
for which adopted City standards do not apply, as described in
Section 142.0612.

(6) Development of manufactured slopes at a gradient steeper than
25 percent (4 horizontal feet to 1 vertical foot) and a height of 25 feet
or more as described in Section 142.0103, except that if the grading is
for underground parking, then a Site Development Permit is not
required.

(7) Nonresidential development that varies from the minimum parking
requirements by proposing a Transportation Demand Management
Plan, as described in Section 142.0540(c).

(8) Development within the Airport Land Use Compatibility Overlay Zone
as required for safety compatibility in accordance with Section
132.1515.

(9) In the Community Enhancement Overlay Zone development in the
boundaries shown on a map identified in Section 132.1602 that does
not comply with the development standards in the overlay zone, except
that if the development is affordable housing, an in-fill project, or a
sustainable building, or any combination of the three, as described in
Section 143.0915, shall be processed in accordance with
Section 126.0503 and Section 132.1602, Table 132-16B.

(d) A Site Development Permit decided in accordance with Process Four is
required for the following types of development.

(1) Within historical districts or when designated historical resources are
present, unless exempt under Section 143.0220:

(A) Subdivisions;

(B) Single or multiple unit residential development;

(C) Commercial or industrial development;

(D) Public works projects; and

(E) Development that deviates from the historical resources
regulations, as described in Section 143.0210.

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(2) Where historical resources other than historical districts or designated
historical resources are present, unless exempt under Section
143.0220:

(A) Subdivisions;

(B) Multiple dwelling unit residential development;

(C) Commercial or industrial development;

(D) Public works construction projects; and

(E) Development that deviates from the historical resources
regulations, as described in Section 143.0210.

(3) Subdivision of a premises that contains environmentally sensitive
lands, as described in Section 143.0110.

(4) Development that deviates from any portion of the environmentally
sensitive lands regulations, as described in Section 143.0110.

(5) Development for which the applicant seeks a deviation from the
development regulations in Section 144.0507 for condominium
conversions.
(6) Any encroachment or object which is erected, placed, constructed,
established or maintained in the public right-of-way when the
applicant is not the record owner of the property on which the
proposed encroachment will be located in accordance with Section
129.0710(b).

(7) Development of a large retail establishment of 100,000 or more square
feet gross floor area in all commercial, industrial, and mixed-use
zones, and in all planned districts.

(e) A Site Development Permit decided in accordance with Process Five is
required for the following types of development.

(1) In the Clairemont Mesa Height Limit Overlay Zone, development for
which an exception to the height limit is requested, as described in
Section 132.1306.
(2) Development within the Airport Land Use Compatibility Overlay Zone
proposing deviations from the overlay zone requirements.

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(3) Development in accordance with section 129.0710(c) that includes major underground or overhead structures which extend into the public right-of-way beyond the ultimate curb line or other encroachments which, in the opinion of the City Manager, are of sufficient public interest to warrant City Council approval.

(f) A Site Development permit in accordance with Process CIP/Public Project-
Two is required for the following types of development.

(1) Capital improvement program projects or public projects on a
premises containing environmentally sensitive lands or that deviate
from the Environmentally Sensitive Lands Regulations pursuant to
Section 143.0110, Table 142-01A.

(2) Capital improvement program projects or public projects on a
premises containing historical resources where the development
complies with the Historical Resources Regulations without deviation,
unless exempt under Section 143.0220.

(g) A Site Development Permit in accordance with Process CIP/Public Project-
Five is required for capital improvement program projects or public projects
on a premises containing historical resources that deviate from the Historical
Resources Regulations, unless exempt under Section 143.0220.
(Amended 4-22-2002 by O-19051 N.S.; effective 10-8-2002.)
(Amended 2-9-2006 by O-19461 N.S.; effective 3-9-2006.)
(Amended 6-15-2007 by O-19624 N.S.; effective 7-15-2007.)
(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 10-25-2011 by O-20047 N.S.; effective 1-1-2012.)
(Amended 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)
(Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.)
(Amended 5-5-2015 by O-20481 and O-20483 N.S.; effective 6-4-2015.)
(Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.)
(Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)
(Amended 9-12-2019 by O-21118 N.S.; effective 10-12-2019.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)
(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.)

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[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

(Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)

[Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]

Sustainable Buildings

Development of affordable housing, in-fill projects, and/or sustainable buildings described in Section 143.0915 that requires a Site Development Permit in accordance with Section 126.0502(a) or 126.0502(c)(1) may be permitted in accordance with a Neighborhood Development Permit decided in accordance with Process Two, provided the findings in Section 126.0404(a) are made. Development of affordable housing, in-fill projects, and/or sustainable buildings impacting environmentally sensitive lands may be approved or conditionally approved only if the decision maker also makes the supplemental findings in Section 126.0404(b). In the event that a deviation is requested, the development may not be approved or conditionally approved unless the applicable supplemental findings in Section 126.0404(c) and 126.0404(f) are also made. (“Exemption from a Site Development Permit” added 9-15-2017 by O-20856 N.S.; effective 10-20-2017. Former Section 126.0503 “Decision Processes for Site Development Permits” renumbered to Section 126.0504.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Retitled from “Exemption from a Site Development Permit” to “Reduced Permit and Processing for Affordable Housing, In-Fill Projects, and Sustainable Buildings” and amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)

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(a) Process Three

A decision on an application for a Site Development Permit for the types of
development listed in Section 126.0502(a), (b) and (c) shall be made in
accordance with Process Three. The decision may be appealed to the
Planning Commission in accordance with Section 112.0506.

(b) Process Four

(1) A decision on an application for a Site Development Permit for the
types of development listed in Section 126.0502(d) shall be made in
accordance with Process Four.

(2) A recommendation of the Historical Resources Board is required prior
to the Planning Commission decision on a Site Development Permit
when a historical district or designated historical resource is present.

(c) Process Five

A decision on an application for a Site Development Permit for the types of
development listed in 126.0502(e) shall be made in accordance with Process
Five.

(d) Process CIP/Public Project-Two

A decision on an application for a Site Development Permit for the types of
development listed in Section 126.0502(f) shall be made in accordance with
Process CIP/Public Project-Two.

(e) Process CIP/Public Project-Five

A decision on an application for a Site Development Permit for the types of
development listed in Section 126.0502(g) shall be made in accordance with
Process CIP/Public Project-Five.
(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.)
(Renumbered from Section 126.0503 on 9-15-2017 by O-20856 N.S.; effective
10-20-2017. Former Section 126.0504 “Findings for Site Development Permit
Approval” renumbered to Section 126.0505.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)

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A Site Development Permit may be approved or conditionally approved only if the decision maker makes all of the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b) through (m) that are applicable to the proposed development as specified in this section.

(a) Findings for all Site Development 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--Environmentally Sensitive Lands

A Site Development Permit required in accordance with Section 143.0110
because of potential impacts to environmentally sensitive lands may be
approved or conditionally approved only if the decision maker makes the
following supplemental findings in addition to the findings in Section
126.0505(a):

(1) The site is physically suitable for the design and siting of the proposed
development and the development will result in minimum disturbance
to environmentally sensitive lands;

(2) The proposed development will minimize the alteration of natural land
forms and will not result in undue risk from geologic and erosional
forces, flood hazards, or fire hazards;

(3) The proposed development will be sited and designed to prevent
adverse impacts on any adjacent environmentally sensitive lands;

(4) The proposed development will be consistent with the City of
San Diego’s Multiple Species Conservation Program (MSCP) Subarea
Plan and Vernal Pool Habitat Conservation Plan (VPHCP);

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(5) The proposed development will not contribute to the erosion of public
beaches or adversely impact local shoreline sand supply; and

(6) The nature and extent of mitigation required as a condition of the
permit is reasonably related to, and calculated to alleviate, negative
impacts created by the proposed development.

(c) Supplemental Findings--Environmentally Sensitive Lands Deviations

A Site Development Permit required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands where a deviation is requested in accordance with Section 143.0150 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b):

(1) There are no feasible measures that can further minimize the potential
adverse effects on environmentally sensitive lands; and

(2) The proposed deviation is the minimum necessary to afford relief from
special circumstances or conditions of the land, not of the applicant’s
making.

(d) Supplemental Findings--Environmentally Sensitive Lands Deviation from
Federal Emergency Management Agency Regulations

A Site Development Permit required in accordance with Section 143.0110
because of potential impacts to environmentally sensitive lands where a
deviation is requested from the Special Flood Hazard Area regulations as
specified in Section 143.0150(b) may be approved or conditionally approved
only if the decision maker makes the following supplemental findings in
addition to the findings in Section 126.0505(a) and the supplemental findings
in Sections 126.0505(b) and 126.0505(c):

(1) The City Engineer has determined that the proposed development
within a designated floodway will not result in an increase in flood
levels during the base flood discharge except as allowed under Code of
Federal Regulations Title 44, Chapter 1, Part 60.3(c)(13);

(2) The City Engineer has determined that the deviation would not result
in additional threats to public safety, extraordinary public expense, or
create a public nuisance.

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(e) Supplemental Findings--Steep Hillsides Development Area Regulations
Alternative Compliance

A Site Development Permit required in accordance with Section 143.0110 because of potential impacts to steep hillsides where alternative compliance is requested in accordance with Section 143.0151 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0505(a) and the supplemental findings in Section 126.0505(b):

(1) The proposed development is in conformance with the Steep Hillside
Guidelines;

(2) The proposed development conforms to the applicable land use plan;
and

(3) Strict application of the steep hillside development area regulations
would result in conflicts with other City regulations, policies, or plans.

(f) Supplemental Findings--Important Archaeological Sites and Traditional
Cultural Properties

A Site Development Permit required in accordance with Section 143.0210
because of potential impacts to an important archaeological site or traditional
cultural property may be approved or conditionally approved only if the
decision maker makes the following supplemental findings in addition to the
findings in Section 126.0505(a):

(1) The site is physically suitable for the design and siting of the proposed
development, the development will result in minimum disturbance to
historical resources, and measures to fully mitigate for any
disturbance have been provided by the applicant; and

(2) All feasible measures to protect and preserve the special character or
the special historical, architectural, archaeological, or cultural value of
the resource have been provided by the applicant.

(g) Supplemental Findings--Historical Resources Deviation for Important
Archaeological Sites and Traditional Cultural Properties

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A Site Development Permit required in accordance with Section 143.0210
because of potential impacts to an important archaeological site or traditional
cultural property where a deviation is requested in accordance with Section
143.0260 may be approved or conditionally approved only if the decision
maker makes the following supplemental findings in addition to the findings
in Section 126.0505(a):

(1) There are no feasible measures, including a less environmentally
damaging location or alternative, that can further minimize the
potential adverse effects on historical resources;

(2) The proposed deviation is the minimum necessary to afford relief and
accommodate the development and all feasible measures to mitigate
for the loss of any portion of the resource have been provided by the
applicant; and

(3) There are special circumstances or conditions apart from the existence
of historical resources, applying to the land that are peculiar to the
land and are not of the applicant’s making, whereby the strict
application of the provisions of the historical resources regulations
would deprive the property owner of reasonable use of the land.

(h) Supplemental Findings--Historical Resources Deviation for Relocation of a
Designated Historical Resource

A Site Development Permit required in accordance with Section 143.0210
because of potential impacts to historical resources where a deviation is
requested in accordance with Section 143.0260 for relocation of a designated
historical resource may be approved or conditionally approved only if the
decision maker makes the following supplemental findings in addition to the
findings in Section 126.0505(a):

(1) There are no feasible measures, including maintaining the resource on
site, that can further minimize the potential adverse effects on
historical resources;

(2) The proposed relocation will not destroy the historical, cultural, or
architectural values of the historical resource, and the relocation is
part of a definitive series of actions that will assure the preservation of
the designated historical resource.

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(3) There are special circumstances or conditions apart from the existence of historical resources, applying to the land that are peculiar to the land and are not of the applicant’s making, whereby the strict application of the provisions of the historical resources regulations would deprive the property owner of reasonable use of the land.

(i) Supplemental Findings--Historical Resources Deviation for Substantial
Alteration of a Designated Historical Resource or Within a Historical District

A Site Development Permit required in accordance with Section 143.0210
because of potential impacts to designated historical resources where a
deviation is requested in accordance with Section 143.0260 for substantial
alteration of a designated historical resource or within a historical district or
new construction of a structure located within a historical district may be
approved or conditionally approved only if the decision maker makes the
following supplemental findings in addition to the findings in
Section 126.0505(a):

(1) There are no feasible measures, including a less environmentally
damaging alternative, that can further minimize the potential adverse
effects on the designated historical resource or historical district;

(2) The deviation is the minimum necessary to afford relief and
accommodate the development and all feasible measures to mitigate
for the loss of any portion of the historical resource have been
provided by the applicant; and
(3) The denial of the proposed development would result in economic
hardship to the owner. For purposes of this finding, “economic
hardship” means there is no reasonable beneficial use of a property
and it is not feasible to derive a reasonable economic return from the
property.

(j) Supplemental Findings--Clairemont Mesa Height Limit

A Site Development Permit required in accordance with Section 132.1306
because an exception from the Clairemont Mesa height limit is requested may
be approved or conditionally approved only if the decision maker makes the
following supplemental findings in addition to the findings in Section
126.0505(a):

(1) The granting of an exception will not significantly interfere with
public views from western Clairemont Mesa to Mission Bay and the
Pacific Ocean within the surrounding area; and

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(2) The granting of an exception is appropriate because there are existing
structures over 30 feet in height and the proposed development will be
compatible with surrounding one, two, or three-story structures; or the
granting of an exception is appropriate because there are topographic
constraints peculiar to the land; or the granting of the exception is
needed to permit roofline and facade variations, accents, tower
elements, and other similar elements and the elements will not
increase the floor area of the structure.

(k) Supplemental Findings--Mobilehome Park Discontinuance

A Site Development Permit required in accordance with Section 132.0702
because a discontinuance of a mobilehome park is proposed may be approved
or conditionally approved only if the decision maker makes the following
supplemental findings in addition to the findings in Section 126.0505(a):

(1) The discontinuance of use of the land for a mobilehome park or
mobilehome spaces will not deprive the community of a needed
facility;

(2) The discontinuance of use of the land for a mobilehome park or
mobilehome spaces, because of the associated relocation plan and
conditions that have been applied to the discontinuance, will not be
detrimental to the public health, safety, and welfare of persons living
in the mobilehome park; and

(3) The use to which the applicant proposes to put the property will
provide a greater public benefit than continued use of the property as a
mobilehome park or mobilehome spaces.

(l) Supplemental Findings--Condominium Conversions

A Site Development Permit required in accordance with Section 144.0509, because of potential impacts to the surrounding neighborhood, may be approved or conditionally approved only if the decision maker makes either of the following supplemental findings in addition to the findings in Section 126.0405(a):

(1) The decision maker has considered the project-specific constraints and
has determined that the condominium conversion as proposed would,
to the maximum extent feasible, address the requirements of Section
144.0507, and has been developed to provide specific community
benefits; or

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(2) Strict adherence to the requirements of Section 144.0507 would result
in the demolition of structures or loss of the architectural character of
structures that contribute to the community character.

(m) Supplemental Findings--Public Right-of-Way Encroachments.

A Site Development Permit in accordance with Section 126.0502(d)(6) for
any encroachment or object which is erected, placed, constructed, established
or maintained in the public right-of-way when the applicant is not the record
owner of the property on which the proposed encroachment will be located
may be approved or conditionally approved only if the decision maker makes
the following supplemental findings in addition to the findings in
Section 126.0505(a):

(1) The proposed encroachment is reasonably related to public travel, or
benefits a public purpose, or all record owners have given the
applicant written permission to maintain the encroachment on their
property;

(2) The proposed encroachment does not interfere with the free and
unobstructed use of the public right-of-way for public travel;

(3) The proposed encroachment will not adversely affect the aesthetic
character of the community; and

(4) The proposed encroachment does not violate any other Municipal
Code provisions or other local, state, or federal law; and

(5) For coastal development in the coastal overlay zone, the encroachment is consistent with Section 132.0403 (Supplemental Use Regulations of the Coastal Overlay Zone). (Amended 6-3-2003 by O-19188 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-09-2006) (Amended 2-9-2006 by O-19461 N.S.; effective 3-9-2006.) (Amended 3-1-2006 by O-19466 N.S.; effective 4-1-2006) (Amended 7-5-2006 by O-19505 N.S.; effective 8-5-2006.) (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.) (Renumbered from Section 126.0504 and amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017. Former Section 126.0505 “Violations of a Site Development Permit” renumbered to Section 126.0506.) (Amended 2-9-2018 by O-20899 N.S.; effective 3-11-2018.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)

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It is unlawful for any person to maintain, use, or develop any premises without a Site Development Permit if such a permit is required for the use or development, or to maintain, use, or develop any premises contrary to the requirements or conditions of an existing Site Development 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.) (Renumbered from Section 126.0505 on 9-15-2017 by O-20856 N.S.; effective 10-20-2017.)126.055 (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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Article 6: Development Permits