Lack of City Transparency in Development Approvals
Following previous articles outlining building regulations in San Diego, (including zoning, Additional Dwelling Units (ADUs), and Complete Communities Housing), this month we’re focusing on the process of obtaining a building permit in San Diego -- and how the public has been increasingly shut out of it.
According to the City’s website, “A building permit is required to construct any new structure or improve existing buildings and other structures. Building construction plans and other documents must be submitted for review to ensure that construction projects comply with federal, state and local standards for building safety, accessibility and land use, zoning and standards that help safeguard life or limb, public health, property and welfare.”
While all building projects require a permit from the City’s Development Services Department (DSD), the vast majority are approved ministerially by DSD without any public input or notification. Developers are no longer required to present projects to local community planning groups, and neighbors often are not aware of a project until after construction has begun. While DSD maintains an online database of building permits called Accela, it’s difficult to navigate and information about specific projects is often limited or incomplete. And of course, you first have to know that a project has even been approved. For example, when a homeowner in one of our University Heights applied for a permit to build an ADU behind their historically designated home, DSD approved the project without community input or notification because the project conformed to State law and local zoning regulations.
Neighbors were very upset when they finally learned of the project based on its noncompliance with the Secretary of Interior Standards that regulates new construction in historic districts. The lack of notification about the project from DSD only compounded their frustration.
The Complete Communities Housing Regulations is another egregious example of a building incentive program that keeps residents uninformed and dis-empowered, allowing developers to bypass local zoning regulations and build large, multi-story buildings in residential neighborhoods without community input or notification.
The 8-story, 49-unit project (which far surpasses the 30-foot height limit) on 4350 Cleveland Avenue is a prime example of this, as residents weren’t awareof its development until the historic Victorian home on the lot was demolished and a construction fence was erected.
University Heights has done its part over the years to accept more housing units, with the number of housing units doubling from approximately 5,000 in 1950 to 10,000 in 2020, according to the U.S. Census. Since 2020, another 1,500 rental units have been built in the District 3 zip codes of 92103, 92104, and 92116, according to the City of San Diego’s Affordable Housing Permitting dashboard.
The ground under land use in San Diego is shifting, from changing interpretations, to overriding community plans with Municipal Code changes. At the very least, our community deserves more transparency from the City about construction that significantly impacts our quality of life.