Compliance with Civic Enhancement Allocation Regulations
San Diego Municipal Code § 22.5910
in effect§22.5910 Compliance with Civic Enhancement Allocation Regulations
(a) If the applicant chooses to pay an in-lieu fee in accordance with the provisions of section 22.5908(b)(3), no building permit for the development may be issued without payment of the in-lieu fee to the City’s Public Art Fund.
(b) If the applicant chooses to install an artwork on the premises or maintain a portion of the premises open and accessible for cultural use in accordance with the requirements of section 22.5908(b)(1) or (b)(2), no building permit for the development may be issued until the applicant deposits security with the City, either in the form of a surety bond issued by a surety company authorized to do business in the State of California, cash, or the equivalent security approved by the City Manager and City Attorney, equal to one-half of one percent of the total building permit valuation. Any costs associated with acquiring the required security are the responsibility of the applicant, and are in addition to, and may not be deducted from, the Civic Enhancement allocation.
(c) Prior to issuance of the Certificate of Occupancy for the development, the applicant shall submit evidence, subject to a written determination of adequacy by the Director of the Cultural Affairs Department, of one or a combination of the following:
(1) The value of the artwork installed on the premises is equal to or greater than one percent of the total building permit valuation for the development. Such evidence may include the costs of art consultant fees, artist design fees, fabrication of the artwork, installation of the artwork, and documentation of the artwork.
(2) The value of the portion of the premises, which is maintained open and accessible for cultural use, is equal to or greater than one percent of the total building permit valuation for the development. Such evidence may include data establishing the proportional value of the total square footage and all tenant improvements for the development.
(“Compliance with Civic Enhancement Allocation Regulations” 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=8Fetched: 10/28/2026