Civic Enhancement Allocation Regulations and Calculations
San Diego Municipal Code § 22.5908
in effect§22.5908 Civic Enhancement Allocation Regulations and Calculations
(a) To ensure that the City’s increasing urbanization is offset by the creation of artworks and venues dedicated to cultural use, no final City approval to occupy any private industrial or commercial development, or any portion thereof, with a total building permit valuation greater than or equal to $5,000,000 (revised annually by the percentage increase or decrease in the Los Angeles/San Diego Construction Cost Index as reported and published by the Engineering News Record or its successor for the twelve-month period ending January 1 of each year), may be granted unless a Civic Enhancement allocation in an amount equal to one percent (when the applicant elects to meet the requirements of this section pursuant to Subdivision (b)(1) or (b)(2)) or one-half of one percent (when the applicant elects to meet the requirements of this section pursuant to Subdivision (b)(3)) of its total building permit valuation has been set aside by the applicant, subject to the provisions of section 22.5910.
(1) For phased development, calculation of total building permit valuation will be based on the total number of building permits applied for, but not yet issued, for the premises, but does not include any withdrawn permit applications.
(2) The calculation of total building permit valuation shall not include any exempt component of a mixed-use development.
(3) The calculation of total building permit valuation shall not include that portion of new tenant improvements that exceed $150 per square foot and is an occupancy classification required under the California Building Code to be a Type I fire-rated occupancy classification.
(b) An applicant must comply with the Civic Enhancement allocation requirements set forth in this section through one of the following means:
(1) Applicant shall place artworks on the premises. The applicant shall ensure that the artworks will be located in an area that is open and accessible. If the value of the artwork, including art consultant fees and the costs for design, fabrication, installation, and documentation, is not equal to or greater than the Civic Enhancement allocation, the applicant shall pay into the Public Art Fund an amount equal to the difference between the amount of the Civic Enhancement allocation and the value of the artwork.
(2) Applicant shall maintain a portion of the premises as open and accessible for cultural use. If the value of that portion of the premises which is open and accessible for cultural use is not equal to or greater than the Civic Enhancement allocation, the applicant shall pay into the Public Art Fund an amount equal to the difference between the amount of the Civic Enhancement allocation and the value of the premises which is open and accessible for cultural use.
(3) Applicant shall deposit into the Public Art Fund an in-lieu fee payment equal to one-half of one percent of the total building permit valuation for the development.
(“Civic Enhancement Allocation Regulations and Calculations” 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=7Fetched: 10/28/2026