San Diego Municipal Code Div. 1 General Construction Permit Authority and 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 construction plans before construction, demolition, or installation and for inspection of construction work before use or occupancy. The intent is to determine compliance with applicable codes and other regulations to safeguard public health, safety, and welfare. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The following permits require construction review, and the procedures for construction permits apply to these permits unless stated otherwise in this article: Building Permits, Electrical Permits, Plumbing or Mechanical Permits, Demolition/Removal Permits, Grading Permits, Public Right-of-Way Permits, and Sign Permits. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 3-1-2006 by O-19468 N.S.; effective 4-1-2006.)

Where different sections of the Building, Electrical, Plumbing, and Mechanical Regulations may specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) The powers and duties of the Building Official are as follows:

(1) To administer and enforce the San Diego Fire Code and the Building,
Electrical, Plumbing, Mechanical, Residential Building, Green
Building, and Existing Building Regulations of the San Diego
Municipal Code.

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(2) To review applications for Building Permits, Electrical Permits,
Plumbing Permits, Demolition/Removal Permits, Fire Permits and
Mechanical Permits including plans, specifications, and other data.

(3) To determine if proposed work is in compliance with the San Diego
Fire Code, the Building, Electrical, Plumbing, Mechanical, Residential
Building, Green Building, and Existing Building Regulations, and
other applicable provisions of the Municipal Code and to make the
decision to approve and issue the appropriate construction permit.

(4) To inspect construction activity not located in public rights-of-way to
determine if the construction activity is in compliance with the issued
construction permit, the San Diego Fire Code and the Building,
Electrical, Plumbing, Mechanical, Residential Building, Green
Building, and Existing Building Regulations, and all other applicable
provisions of the San Diego Municipal Code.

(5) To make interpretations of, and develop policies and procedures for,
the San Diego Fire Code and the Building, Electrical, Plumbing,
Mechanical, Residential Building, Green Building, and Existing
Building Regulations of the San Diego Municipal Code. The
interpretations, rules, and regulations shall be in conformance with the
intent and purposes of the San Diego Fire Code and the Building,
Electrical, Plumbing, Mechanical, Residential Building, Green
Building, and Existing Building Regulations of the San Diego
Municipal Code.

(6) To grant modifications for individual cases when there are practical
difficulties involved in carrying out the provisions of the San Diego
Fire Code and the Building, Electrical, Plumbing, Mechanical,
Residential Building, Green Building, and Existing Building
Regulations of the San Diego Municipal Code, when the Building
Official finds the following:

(A) That a special individual reason makes the strict application of
the San Diego Fire Code and the Building, Electrical,
Plumbing, Mechanical, Residential Building, Green Building,
and Existing Building Regulations of the San Diego Municipal
Code impractical;

(B) That the modification is in conformance with the purpose and
intent of the San Diego Fire Code and the Building, Electrical,
Plumbing, Mechanical, Residential Building, Green Building,
and Existing Building Regulations of the San Diego Municipal
Code; and

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(C) That the modification does not lessen any fire protection
requirements or any degree of structural integrity.

The details of any action granting modification shall be in writing and
entered in the project file.

(7) To request an interpretation of any provisions of Chapter 12, Article 9
or of the San Diego Fire Code and the Building, Electrical, Plumbing,
Mechanical, Residential Building, Green Building, and Existing
Building Regulations of the San Diego Municipal Code, or the
suitability of any alternate material, design, or construction method
from the Board of Building Appeals and Advisors.

(8) To keep complete records of all permits issued, inspections and
reinspections made, and other official work performed in accordance
with the provisions of the Land Development Code.

(9) To require the recordation of documents with the County Recorder as necessary to effectively enforce the requirements of the Land Development Code.

(10) To request and receive the assistance and cooperation of other City
officials in carrying out these duties.

(11) To require plans, computations, and specifications to be prepared and
designed by an engineer or architect licensed by the State of
California.

(12) To classify the occupancy of a building, or a portion of a building,
based on the occupancies and uses in Chapter 3 of the California
Building Code.

(13) To determine the type, frequency, and number of inspections
necessary to inspect construction for compliance with the San Diego
Fire Code and the Building, Electrical, Plumbing, Mechanical,
Residential Building, Green Building, and Existing Building
Regulations of the San Diego Municipal Code.

(14) To review applications for Grading Permits for, and to inspect grading
on, private lots that do not include public rights of way, as well as
associated plans, specifications, and other data to determine if an
application is in compliance with the grading regulations in the
California Building Code, other adopted City standards, and
engineering standards of practice.

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(15) To accept reports from approved inspection agencies.

(16) To review plans and specifications for water and sewer utilities and
installations, and to inspect the utilities and installations, when located
in private streets for compliance with the issued construction permit,
the San Diego Fire Code, the San Diego Building, Electrical,
Plumbing, Mechanical, Residential Building, Green Building, and
Existing Building Regulations, and all other applicable provisions of
the San Diego Municipal Code.

(b) The powers and duties of the City Engineer with respect to construction
permits are as follows:

(1) To administer and enforce the applicable provision of the Land Development Code and Municipal Code Chapter 6, Article 2 (Public Rights-of-Way and Improvements).

(2) To review applications for Grading Permits and Public Right-of-Way
Permits including plans, specifications, and other data to determine if
an application is in compliance with the Municipal Code, adopted City
standards, and engineering standards of practice.

(3) To inspect construction activity including public improvements,
grading, encroachments, and traffic control in the public rights-of-way
to determine if the construction activity is in compliance with the
issued permit, the Municipal Code, and adopted City standards.

(4) To make interpretations of the applicable provisions of the Land
Development Code. The interpretations shall be in conformance with
the purpose and intent of the Land Development Code.

(5) To grant modifications for individual cases when there are practical
difficulties involved in carrying out the applicable provisions of the
Municipal Code. The City Engineer shall first find that a special
individual reason makes the strict application of the Land
Development Code impractical, that the modification is in
conformance with the purpose and intent of the Municipal Code, and
that the modification does not lessen any fire protection requirements
or any degree of public safety. The details of any action granting
modification shall be recorded and entered in the project files.

(6) To adopt policies and regulations reasonably necessary to clarify the
application of the applicable provisions of the Land Development
Code. The policies and regulations shall be in conformity with the
purposes and intent of the Land Development Code.

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(7) To request an interpretation of any provisions of this article or the
suitability of alternate materials and types of construction from the
Board of Engineering Appeals and Advisors.

(8) To require the recordation of documents with the County Recorder as
necessary to effectively enforce the applicable provisions of the Land
Development Code.

(9) To request and receive the assistance and cooperation of other City officials in carrying out these duties.

(10) To inspect any property within the City of San Diego to determine
compliance with the applicable provisions of the Land Development
Code.

(11) To require plans, computations, and specifications to be prepared and
designed by an engineer or architect licensed by the State of
California, even if not so required by state law.

(c) The powers and duties of the Development Services Director or a designee
with respect to construction permits are as follows:

(1) To administer and enforce the applicable provisions of the Land
Development Code and Municipal Code;

(2) To review applications for construction permits including plans,
specifications, and other data to determine if an application is in
compliance with the Municipal Code and adopted City zoning
standards;

(3) To interpret the applicable provisions of the Land Development Code
in conformance with the purpose and intent of the Land Development
Code;

(4) To adopt policies reasonably necessary to clarify the application of
development regulations in conformity with the purpose and intent of
the Land Development Code; and

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(5) To grant minor modifications for a single dwelling unit development
when there are practical difficulties involved in carrying out the
applicable development regulations of the Land Development Code,
and the requested minor modification is the minimum modification
necessary to address the practical difficulty. The details of any action
granting a minor modification shall be documented in writing in the
project file. To grant a minor modification, the Development Services
Director must determine:

(A) That strict application of the Land Development Code is
impractical;

(B) That the minor modification is in conformance with the purpose and intent of the Municipal Code and adopted land use plans;

(C) That the minor modification does not lessen any fire protection
or public safety requirements; and

(D) That the minor modification does not involve a substantial
improvement.
(Amended 9-24-2002 by O-19102 N.S.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)
(Amended 4-9-2020 by O-21181 N.S.; effective 5-9-2020.)

(a) An applicant for a construction permit shall submit an application for one or more permits, as required, in accordance with Section 112.0102.

(b) If a proposed development requires one or more development permits, the
required development permits must be issued before an application is
submitted for a construction permit except as provided in Section
129.0105(c).

(c) The Building Official may waive the requirement that all development permits
be issued before an application for a construction permit is accepted, if the
Building Official determines that the development permit issues will not affect
the construction permit review.

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(d) The Building Official may waive submittal requirements for plans,
specifications, designs, or computations; requirements for construction
inspection; or other data if the Building Official determines that, because of
the nature of the proposed work, review of plans or other submittal materials
is not required to determine compliance with the San Diego Fire Code and the
Building, Electrical, Plumbing, Mechanical, Residential Building, Green
Building, and Existing Building Regulations of the San Diego Municipal
Code.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

A fee for each construction permit application shall be paid at the time of application. The full construction permit fees shall be based on the reasonable cost of application, plan review, inspections, and other services as required for permit approval. The fees shall be paid in accordance with the schedule of fees established by resolution of the City Council and filed in the office of the City Clerk. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A decision on an application for a construction permit shall be made in accordance with Process One, except where state law requires an appeal hearing. The type of permit, decision maker, and appeal rights, if any, are described in Chapter 12, Article 9, Divisions 1 through 8. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-7-2015 by O-20555 N.S.; effective 9-6-2015.)

Construction shall not begin until the required permits have been issued. After all required approvals, including any required development permits, have been obtained and all required fees have been paid, the Building Official or City Engineer may issue a construction permit as follows:

(a) The Building Official may issue Building Permits, Electrical Permits,
Plumbing/Mechanical Permits, Demolition/Removal Permits, Grading Permits
on private lots if the Grading Permit does not include public rights-of-way, and
Fire Permits.

(b) The City Engineer may issue all other Grading Permits and Public Right-of-
Way Permits.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 8-5-2024 by O-21859 N.S.; effective 9-4-2024.)

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(a) The provisions of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code are not intended to prevent the use or installation of any alternate material, or to prohibit any design or construction method not specifically prescribed by the San Diego Fire Code or the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations, provided the Building Official approves of their use.

(b) The Building Official may approve the use of any alternate material, design,
or construction method if the Building Official determines the following:

(1) That the proposed alternate material, design, or construction method is
satisfactory and would comply with the intent of the regulations in the
San Diego Fire Code and the Building, Electrical, Plumbing,
Mechanical, Residential Building, Green Building, and Existing
Building Regulations of the San Diego Municipal Code;

(2) That the proposed alternate material, design, or construction method is
at least equivalent to the standards prescribed in the applicable
regulation in terms of suitability, quality, strength, effectiveness, fire
resistance, durability, safety, and sanitation; and

(3) That sufficient evidence has been submitted to substantiate any claims
that may be made regarding the use of any proposed alternate material,
design, or construction method.

(c) The details of any action granting approval of an alternate material, design, or
construction method shall be entered into the file for that individual permit
and a record of the action shall be maintained in accordance with the
procedures established by the City Manager.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)
(Amended 7-20-2018 by O-20958 N.S.; effective 8-19-2018.)

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(a) Whenever the Building Official determines that the evidence submitted is insufficient to establish compliance with the applicable provisions of the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, and Existing Building Regulations of the San Diego Municipal Code, the Building Official may require tests to prove compliance. These tests shall be made at no expense to the City.

(b) Test methods shall be as specified by the applicable provisions of the San
Diego Fire Code and the Building, Electrical, Plumbing, Mechanical,
Residential Building, Green Building, and Existing Building Regulations of
the San Diego Municipal Code, or by other recognized test standards. If there
are no recognized and accepted test methods for the proposed alternate, the
applicant shall propose test procedures to the satisfaction of the Building
Official.

(c) All tests shall be made by an agency approved by the City. Reports of such
tests shall be retained by the Building Official for the period required for the
retention of public records.

(d) The Building Official is authorized to accept reports of approved inspection
agencies, provided such agencies satisfy the requirements as to qualifications
and reliability as established by the Building Official.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

All work for which Building, Electrical, Plumbing, Demolition/Removal, Fire, and Mechanical Permits are required shall be subject to inspection by the Building Official. The Building Official is authorized to inspect, or cause to be inspected, the work prior to and subsequent to the issuance of the applicable permit or permits. Inspections shall be performed in accordance with the inspection procedures established by the Building Official, except as may be exempted by the Land Development Code. Permit holders shall comply with Municipal Code Section 129.0112.

(a) The permit holder shall be informed of the inspections and the sequence of
inspections required.

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(b) No work shall be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official.

(c) No portion of any work shall be concealed until inspected and approved.

(d) After making the requested inspections, the Building Official shall either
indicate that the inspected portion of the construction is satisfactory as
completed or shall notify the permit holder that the inspected portion fails to
comply with the San Diego Fire Code and the Building, Electrical, Plumbing,
Mechanical, Residential Building, Green Building, and Existing Building
Regulations of the San Diego Municipal Code, or with other applicable
regulations of the Municipal Code.

(e) Any portions of work that do not comply with requirements shall be corrected
and such portion shall not be covered or concealed until inspected and
authorized by the Building Official.

(f) A survey of the lot may be required to verify that the structure is located in
accordance with the approved plans.

(g) When the City Engineer determines that an existing survey monument will be
removed, altered or destroyed due to construction, demolition, grading, or
other construction activities, a survey shall be required to reestablish the
property corner, or an offset to the property corner, and the proper documents
shall be filed with the County Surveyor pursuant to the California Business
and Professions Code. The survey shall be made at no expense to the City.

(h) A final inspection, with approval of all structures and installations, is required
before occupancy and use, unless specifically excepted. If grading is
involved, final inspection shall be after finish grading.

(i) The Building Official may revoke final inspection approval upon written
notice served on the permit holder, if the Building Official determines that the
Building Permit or inspection approval was approved in error, or that the
approved work is unsafe, dangerous, or a hazard to life, health, safety, or
property.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 4-6-2016 by O-20624 N.S.; effective 5-6-2016.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

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(a) Requesting an Inspection. It shall be the responsibility of the permit holder or the person doing the work authorized by a construction permit to notify the Building Official when work is ready for inspection. The request shall be in accordance with procedures established by the City Manager. The Building Official may require that every request for inspection be filed at least one business day before the inspection is desired.

(b) Providing Access for Inspections. The permit holder is responsible for
providing access to, and means for inspection of, the work to be inspected.
Neither the Building Official nor the City shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.

(c) Installation or Functional Testing. When required by the Building Official, the
permit holder is responsible for performing installation testing or functional
testing to demonstrate compliance with the San Diego Fire Code, the
Building, Electrical, Plumbing, Mechanical, Residential Building, Green
Building and Existing Building Regulations of the Land Development Code
or with other applicable regulation of the Municipal Code. Tests shall be
conducted in the presence of the Building Official.

(d) Reinspection. A fee may be assessed for reinspection if the inspected work is
determined to be incomplete. If reinspection fees have been assessed on a site,
no additional inspection of the work will be performed until the required fees
have been paid.

(e) Maintaining Inspection Record Card. Before beginning any permitted work,
the permit holder shall post an inspection record card on the site or the card
shall be otherwise conveniently accessible to the Building Official or City
Engineer. The card shall be kept accessible by the permit holder until final
inspection approval has been granted by the Building Official or City
Engineer.

(f) One set of the approved plans, permits, and specifications shall be kept on the
site of the structure or work at all times during which work authorized by
those plans is in progress, and shall be made available to City officials upon
request.
(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.)
(Retitled to “Responsibilities of Permit Holder or Authorized Agent Regarding
Inspections” and amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Retitled to “Responsibilities of Permit Holder Regarding Inspections” and amended
1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

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(a) No structure or portion of a structure shall be used or occupied, and no change in the existing use or occupancy classification of a structure or portion of a structure shall be made until the Building Official has issued a Certificate of Occupancy approving that use or occupancy. A Certificate of Occupancy is not required for existing or new detached one and two family dwellings or townhouses as defined in the California Residential Code, and their accessory structures.

(b) Changes in the use or occupancy of a structure or portion of a structure shall
not be made except as specified in the California Existing Building Code.
(Amended 9-24-2002 by O-19102 N.S.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)
(Amended 4-6-2016 by O-20624 N.S.; effective 5-6-2016.)
(Amended 7-20-2018 by O-20958 N.S.; effective 8-19-2018.)
(Amended 5-8-2023 by O-21642 N.S.; effective 6-7-2023.)

(a) The Building Official shall inspect the structure and if the Building Official finds no violations of the San Diego Municipal Code or other regulations that are enforced by the City’s designated Code Enforcement Officials, the Building Official shall issue a Certificate of Occupancy. All work for which a Building Permit was issued must be complete and have had a final inspection before issuance of a Certificate of Occupancy, except in accordance with Section 129.0115. The Certificate of Occupancy must be signed by the Building Official. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of any of the provisions of the San Diego Municipal Code or any other local, state or federal law or regulation.

(b) A Certificate of Occupancy shall contain the following information:

(1) The approval number;

(2) The address of the structure;

(3) The name and address of the permit holder;

(4) A description of that portion of the structure for which the certificate
is issued;

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(5) A statement that the described portion of the structure has been
inspected for compliance with the requirements of this code for the
occupancy and division of occupancy and the use for which the
proposed occupancy is classified;

(6) The signature of the Building Official or designated official;

(7) The edition of the California Building Code under which the permit
was issued;

(8) The use and occupancy, in accordance with the provisions of the
California Building Code;

(9) The type of construction as defined in the California Building Code;

(10) The design occupant load in rooms used for public assembly and
classified in Occupancy Group A;

(11) Whether an automatic sprinkler system is provided and, if so, the
reason that the automatic sprinkler system is provided; and

(12) Any special stipulations and conditions of the Building Permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)

If the Building Official finds that a structure or a portion of a structure can be occupied safely, and that no substantial hazard will result from occupancy of any structure or portion of a structure before all work is completed, a temporary Certificate of Occupancy may be issued for the use of a structure, or portion of a structure before the completion of the entire structure. A Certificate of Occupancy is required upon completion of the remainder of the work. The Building Official shall set a time period during which the temporary Certificate of Occupancy is valid. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)

The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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The Building Official may issue a temporary construction permit in any zone for the construction of storage yards or temporary construction project offices. If a development permit has been issued for the site, the temporary construction permit shall be reviewed to determine that the proposed temporary construction is in accordance with the conditions of the development permit. The temporary uses may be allowed for a period not to exceed 9 months. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The Building Official may suspend or revoke a Certificate of Occupancy if the certificate was issued in error, or on the basis of incorrect information, or if the Building Official determines that the structure or a portion of the structure is in violation of any ordinance, regulation, or provision of the Municipal Code. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Persons performing work under Public Right-of-Way or Grading Permits issued in accordance with this article shall furnish a bond in accordance with the following provisions:

(1) The bond shall be issued by a surety company authorized to do
business in the State of California and shall be approved by the City.
The bond shall be in favor of the City of San Diego and shall be
conditioned upon the completion, free of liens, of the work authorized
by the permit in accordance with the requirements of this article and
the conditions prescribed by the permit. The bond shall be
conditioned upon the surety company completing the required work or
in employing a contractor to complete the work.

(2) Whenever the City Manager finds that a default has occurred in the
performance of any term or condition of work authorized by a permit,
the department shall give written notice of the default to the principal
and surety of the bond. The notice shall state the work remaining to
be done and the estimated cost of completion of the work. After
receipt of the notice, the principal or the surety must, within 21
calendar days, notify the City of its intent to complete the construction
or, within 35 calendar days, deposit with the City Manager an estimate
of the completion cost plus an additional sum equal to 25 percent of
the cost, not to exceed the amount of the required bond.

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(3) If the principal or surety deposits the estimated cost plus 25 percent as
set forth in the notice, the City Manager shall cause the required work
to be completed. The unexpended money shall be returned to the
depositor at the completion of the work, together with an itemized
accounting of the cost. The principal and surety shall hold the City
harmless from any liability in connection with the work so performed
by the City or contractor employed by the City. The City shall not be
liable in connection with the work other than for the expenditure of the
money.

(4) If the principal or surety fails to deposit the estimated cost plus 25
percent with the City, the City Manager may cause the required work
to be completed. The principal and the surety shall be liable for the
cost of completing all necessary work including all administrative
costs, and overhead incurred by the City to complete the work and
collect the costs. The City shall reserve the right to accept bonds from
the surety companies as related to the future project.

(5) If the principal or surety issues a notice of cancellation, the notice of
cancellation shall be sent to the City Manager with sufficient
information describing the project, permit type, permit number, date
issued, and purpose of the permit.

(6) The amount of the bond covering a specific project shall be approved
by the City Manager based on the amount of the estimate of the cost of
work and the following schedule:

(A) Appurtenances: 100 percent of the estimated cost of private
drainage structures or other grading appurtenances;

(B) Revegetation: 50 percent of the estimated cost of revegetation
and irrigation systems;

(C) Grading: 100 percent of the estimated cost up to $5,000 and
$5,000 plus 50 percent of the estimated cost above $5,000 and
up to $50,000 and plus 25 percent of the estimated cost above
$50,000;

(D) Public Improvements: 110 percent of the estimated cost of
public improvements and structures;

(E) Encroachments: 110 percent of the estimated cost of repair and
restoration of the public right-of-way to its original condition.

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(F) Shoring Restoration: 100 percent of the estimated cost of restoring site to the original condition, together with removal of all tie backs and shoring.

(b) The permit holder may utilize an annual and continuing bond for more than
one permit provided the total amount of the bond exceeds the aggregate bond
amount of the permits outstanding. Annual and continuing bonds shall
contain a clause providing the City Manager with 30 calendar days notice
before cancellation.

(c) In lieu of a bond, the permit holder may post a cash deposit, or other security
acceptable to the City Manager, with the City Treasurer in an amount equal to
the required bond. In the event of a default, the notice of the default as
provided above shall be given to the principal and if the default is not
corrected within the time specified, the City Manager shall proceed without
delay and without further notice of proceeding to use the cash deposit or other
security or any portion of the deposit or security to complete the required
work. The balance, if any, of the cash deposit shall, upon completion of the
work, be returned to the permit holder after deducting the cost of the work.

(d) No bond, under the provisions of this article, shall be required from the State
of California, its political subdivisions, or any governmental agency.

(e) Permits issued directly to a contractor pursuant to an approved application by
the State of California, any of its political subdivisions, or any governmental
agency shall require a bond unless proof is submitted that the work is covered
by a bond inuring to the benefit of the state or agency.

(f) The City Manager may waive the requirement for a bond, as established in the
Land Development Manual.
(Amended 6-12-2001 by O-18948 N.S.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (10-2024)

(a) If a lot consists of two or more parcels held by the same record owner as set forth in Section 113.0237(a)(6), construction permits shall not be issued unless and until a Lot Tie Agreement is entered into to the satisfaction of the Building Official and City Engineer. The Lot Tie Agreement shall be recorded against the applicable properties in the Office of the San Diego County Recorder. The Lot Tie Agreement shall require the record owner to hold the applicable parcels as one and to maintain common ownership and control. The Lot Tie Agreement shall be binding upon, and the benefits of the Lot Tie Agreement shall inure to the parties and all successors in interest to the parties to the Lot Tie Agreement.

(b) Cancellation of a recorded Lot Tie Agreement shall be reviewed and approved
by the Building Official and City Engineer in accordance with Process One if
the need to hold the property as one parcel no longer exists. If approved, the
City shall forward a written declaration of the cancellation of the Lot Tie
Agreement to the County Recorder.
(“Lot Tie Agreements” added 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

(a) Applicability of this Section.

(1) This Section applies to construction permits listed in Section
129.0121(a)(1)(A) but only if the development involves any of the
activities listed in Section 129.0121(a)(1)(B)-(D):

(A) Building Permits, Electrical Permits, Plumbing/Mechanical
Permits, Demolition/Removal Permits, Grading Permits,
Public Right-of-Way Permits, and Fire Permits.

(B) Residential and mixed-use development consisting of, or
involving twenty or more dwelling units, including single
dwelling unit and multi-family subdivisions.

(C) Commercial or industrial development that proposes 20,000
square feet or more of tenant improvements, or construction of
20,000 square feet of additional new gross floor area.

(D) Any development that requires a Public Right-of-Way Permit.

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12 9 1 17

San Diego Municipal Code Chapter 12: Land Development Reviews (10-2024)

(2) This Section applies to all local, state, and federal agencies (unless
exempt) except for the City of San Diego. The City of San Diego is
subject to the requirements in Chapter 2, Article 2, Divisions 30, 31,
33, 34 and 36 of the San Diego Municipal Code.

(3) Any contractor that believes its work is exempt under California
Business and Professions Code Division 3, Chapter 9, Article 3
(Exemptions) and therefore not subject this Section shall provide in
writing the basis for the exemption to the City.

(b) Requirements of this Section.

(1) No person shall be issued, or utilize a construction permit, as specified
in Section 129.0121(a), unless they are:

(A) A contractor licensed and insured pursuant to the applicable
provisions of the California Business and Professions Code or
agent; or

(B) The record owner or an agent of the record owner performing
their own work, or

(C) Any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property performing their own work.

(2) All work as specified in Section 129.0121(a) shall be performed by
contractors and subcontractors licensed and insured pursuant to the
applicable provisions of the California Business and Professions Code,
except a record owner or person identified in
Section 129.0121(b)(1)(c) performing their own work.

(c) Compliance with this Section.

(1) Prior to permit issuance, the applicant shall submit the following:

(A) A list of all project contractors and subcontractors that includes
the following information for each contractor and
subcontractor:

(i) Valid worker’s compensation insurance information,
including policy number and expiration date;

(ii) State contractor license number, license category, and
license expiration date;

(iii) City business license number and expiration date;

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San Diego Municipal Code Chapter 12: Land Development Reviews (10-2024)

(iv) State, and federal tax identification numbers; and

(v) Whether the contractor or subcontractor has any
pending, or prior enforcement actions for any state, or
federal labor violations, or paid any penalties to a
government agency related to the provisions of the
California Labor Code.

(B) For Public Right-of-Way Permits, the applicant shall state
whether the work to be performed requires safety
certifications, safety trainings, professional certifications, or
professional licenses. If any of these apply, the applicant shall
provide the following:

(i) A list of the certifications, trainings, and licenses
required for the work; and

(ii) Confirmation that the applicant’s employees, or the employees of the relevant contractor, subcontractor, or agent have the required certifications, trainings and licenses, specifying the contractor, subcontractor, or agent if applicable.

(2) If the applicant is unable to provide the information in
Section 129.0121(c)(1)(A)-(B) prior to construction permit issuance,
or in the event the permit holder adds or changes contractors or
subcontractors following permit issuance, the permit holder shall
provide the information required in Section 129.0121(c)(1)(A)-(B)
prior to work being performed or the new contractor or subcontractor
starting work.

(3) If any of the information required in Section 129.0121(c)(1)(A)-(B)
changes for any of the contractors or subcontractors, the permit holder
shall provide updated information prior to the contractor or
subcontractor performing any further work under the construction
permit.

(d) Violation of this Section. Failure to comply with this Section shall constitute
performance of work without the required permit, pursuant to
Section 121.0302. A violation of this Section is subject to all remedies
available to the City under Chapter 12, Article 1, Division 3 of the San Diego
Municipal Code.
(“License and Insurance Requirements of Contractors and Subcontractors” added
9-21-2022 by O-21509 N.S.; effective 10-21-2022.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (10-2024)

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 construction permit including, but not limited to, any action to attack, set aside, void, challenge, or annul the construction 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 Construction 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 ]

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San Diego Municipal Code Chapter 12: Land Development Reviews (4-2026)

Article 9: Construction Permits