Development Incentives for Preservation of Designated Historical Resources, Historical Districts, Traditional Cultural Properties and Important Archaeological Sites
San Diego Municipal Code § 143.0240
in effect§143.0240 Development Incentives for Preservation of Designated Historical Resources, Historical Districts, Traditional Cultural Properties and Important Archaeological Sites
To facilitate on-site preservation of designated historical resources, historical districts, traditional cultural properties, and important archaeological sites, and the continued use or adaptive reuse of designated historical resources in a manner consistent with the U.S. Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties, the following historic preservation development incentives may be granted, provided that the development qualifies for an exemption under Section 143.0220:
(a) The historic gross floor area of a designated historical resource may be excluded from the parking calculation for the premises with the approval of a construction permit.
(b) On single dwelling unit sites that contain designated historical resources, traditional cultural properties, important archaeological sites, or a designated contributing resource to a historical district, the following historic preservation development incentives are provided in accordance with the approval processes indicated:
(1) A deviation from one of the base zone development regulations, excluding density and floor area ratio, may be granted with the approval of a construction permit.
(2) A deviation from two or more of the base zone development regulations, excluding density and floor area ratio, may be granted with the approval of a Neighborhood Development Permit.
(3) For the purpose of this subsection, a deviation from one of the base zone development regulations shall refer to the entire development regulation category identified in bold in the development regulation table of the applicable base zone. For example, a deviation from both side and rear yard setback requirements would be a deviation from one base zone development regulation (setback requirements).
(c) For multiple dwelling unit sites, non-residential development, subdivisions, and public works construction projects on any size lot, other than capital improvement program projects or public projects, that contain designated historical resources, traditional cultural properties, important archaeological sites, or a designated contributing resource to a historical district, the following development incentives are provided in accordance with the approval processes indicated:
(1) The historic gross floor area of a designated historical resource may be excluded from the floor area ratio with the approval of a construction permit.
(2) A deviation from one or more of the base zone development regulations may be granted with the approval of a Neighborhood Development Permit.
(3) For the purpose of this subsection, a deviation from one of the base zone development regulations shall refer to the entire development regulation category identified in bold in the development regulation table of the applicable base zone. For example, a deviation from both side and rear yard setback requirements would be a deviation from one base zone development regulation (setback requirements).
(d) A deviation from allowed uses or the requirements of Overlay Zones, environmentally sensitive lands regulations, historical resources regulations, building regulations, or similar regulations shall not be permitted as part of a historic preservation development incentive.
(e) A historic preservation development incentive processed with a construction permit may be denied if the City makes a written finding of denial based upon substantial evidence of any of the following:
(1) The incentive is not required in order to avoid impacts to a traditional cultural property or important archaeological site, or to comply with the U.S. Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties;
(2) The incentive would have a specific adverse impact upon public health and safety as defined in California Government Code Section 65589.5;
(3) The incentive would be contrary to state or federal law. Requested incentives shall be analyzed in compliance with the California Environmental Quality Act as set forth in Chapter 12, Article 8, and no incentive shall be granted without such compliance; or
(4) Within the Coastal Overlay Zone, the incentive would be inconsistent with the resource protection standards of the City’s Local Coastal Program or the environmentally sensitive lands regulations, with the exception of density.
(f) If development is proposed for a site which has previously been granted and has implemented a historic preservation development incentive, and the proposed development is not exempt in accordance with Section 143.0220 due to a substantial alteration, relocation, or demolition of the designated historical resource, traditional cultural property, or important archaeological site, the proposed development may not be approved unless:
(1) The proposed development includes the removal of the historic preservation development incentive and the premises is brought into compliance with the Land Development Code as it relates to the development incentive; or
(2) The proposed development includes complete demolition and removal of all buildings on the premises.
(“Development Incentives for Preservation of Designated Historical Resources, Historical Districts, Traditional Cultural Properties and Important Archaeological Sites” added 3-22-2018 by O-20920 N.S.; effective 4-21-2018.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)
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/MuniCodeChapter14/Ch14Art03Division02.pdf#page=13Fetched: 10/28/2026