Declaration of Covenants, Conditions, and Restrictions for Developments Subject to the Civic Enhancement Allocation Regulations
San Diego Municipal Code § 22.5911
in effect§22.5911 Declaration of Covenants, Conditions, and Restrictions for Developments Subject to the Civic Enhancement Allocation Regulations
If the applicant installs an artwork on the premises or maintains 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), the development shall have recorded against it a Declaration of Covenants, Conditions, and Restrictions in favor of the City and in a form approved by the City Attorney, which shall include the following provisions as appropriate:
(a) The owner of the development shall maintain and preserve the artwork in good condition to the reasonable satisfaction of the City, and protect the artwork against destruction, distortion, mutilation, or other modification. The owner of the development may retain ten percent of the Civic Enhancement allocation to fund the costs of conservation, ongoing maintenance, insurance, and security of the artwork, as necessary to comply with the requirements set forth in this division.
(b) The owner of the development shall ensure that the artwork will be in an area that is open and accessible.
(c) A description of that portion of the premises will be included, which will be maintained open and accessible, that specifies its designated cultural use.
(d) Any other reasonable terms necessary shall be included to implement the provisions set forth in this division.
(“Declaration of Covenants, Conditions, and Restrictions for Developments Subject to the 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=9Fetched: 10/28/2026