Return of Civic Enhancement Allocations
San Diego Municipal Code § 22.5912
in effect§22.5912 Return of Civic Enhancement Allocations
(a) Civic Enhancement allocations paid into the City’s Public Art Fund that are unexpended within five years from the date of payment may be returned to the then-current owner(s) of the development, with all interest actually earned thereon, if a written request for return is filed with the City Treasurer during the fifth year after payment, and refund of the Civic Enhancement allocations is approved by the City Council. The request for return shall be verified by City staff, and it shall include the date of payment, the amount paid and method of payment, the location of the development for which the Civic Enhancement allocation was paid, and a statement that the person making the request is the current owner of the development.
(b) The City Council shall determine if return of the unexpended portion of the Civic Enhancement allocation and interest is appropriate under subsection (c) below and, if so, the method of refund.
(c) Provided that notice of a public hearing consistent with State law regarding the City Council’s consideration of a Civic Enhancement allocation and interest refund has been published and posted by the City on the site of the development in not less than three places, the City Council may decide that no refund shall be appropriate if the City Council determines any one of the following conditions applies:
(1) The City Council finds that the funds are needed for artwork or cultural use for a similar purpose.
(2) The Civic Enhancement allocation requirements were satisfied by letter of credit, bond, or other instrument taken to secure payment at a future date.
(3) The administrative cost of refunding unexpended Civic Enhancement allocations exceeds the amount to be refunded.
(“Return of Civic Enhancement Allocations” added 10-14-2024 by O-21878 N.S.; effective 11-13-2024.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division59.pdf#page=10Fetched: 10/28/2026