La Playa Heritage

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CITY OF SAN DIEGO CONTACT INFORMATION REGARDING QUESTIONS AND CONCERNS ON NEW DEVELOPMENT PROJECTS IN YOUR NEIGHBORHOOD.  INSTRUCTIONS ON WHAT YOU CAN DO.

There are two type of projects in the City of San Diego Development Services Department.

 

  • Ministerial projects (Level 1) such as remodeling, additions, accessory structures, pools, retaining walls, and small projects. These projects are approved over-the-counter and neighbors are not notified before work begins.

 

  • Discretionary projects (Levels 2, 3, 4, and 5) which require in-depth review and noticing to neighbors within 300 feet of the project. All Coastal Development Permits (CDP) and Neighborhood Development Permit (NDP) are Discretionary Projects. Coastal Development Permits (CDP) include all new construction projects in the Coastal Overlay Zone (West of Catalina, South of Talbot, and East of Rosecrans) and any construction addition/remodeling project within 300 feet of the Pacific Ocean or San Diego Bay. Neighborhood Development Permits (NDP) are required for variances to the Municipal Code. All Discretionary project require that a Notice of Application  be posted at the site prior to approval and that neighbors within 300 feet of the project be notified of the new development. As part of the notice and review process, the Peninsula Community Planning Board reviews and votes on the project. Cynthia Conger is the chair of the PCPB at can reached at (619) 665-3210. These discretionary projects include full demolition of the existing structure and any new construction project such as new single-family homes, condominiums, store buildings, etc. Click on the link for Notices of Application/Meetings for La Playa, The Wooded Area, and Portions of the Peninsula. 

 

Things that may go wrong with the development process include the following:

 

 

  • All projects (including demolition or construction) need an building permit issued by the City of San Diego Development Services Department (DSD). The following link shows Permit Applications for New Construction in La Playa and the Wooded Area Neighborhood. Some contractors start demolition and/or construction projects without a permit. This is illegal. If you suspect a job does not have a permit, these are instructions on what to do.

 

1.  Write down the address of the property in question. Note the which side of the street the property in on.

2.  Take pictures (digital photographs are preferred) regarding your concerns.

3.  Look for any contractor information posted on the property and write down the information.

4.  If there are workers on the site, go to the entrance and ask for the Project Superintendent.

5.  Ask the Superintendent general questions about the project. Such as "What are you doing?" Write down the response. See if any new construction will affect your property, such as a second story addition which may block your views.

6.  Ask the Superintendent if they have a permit for demolition and/or construction. The permits should be posted on-site. Note: Sometimes, people lie about having a permit.

7.  Call the City of San Diego Neighborhood Code Compliance Department (NCCD) at 619-236-5500 to report a possible violation of the Municipal Code http://www.sandiego.gov/nccd/report/. The City will ask you questions. You may remain anonymous.

8. The City NCCD will investigate to make sure the project has a permit. Follow up with the NCCD on a regular basis.

9.   When the issue is resolved, the NCCD will mail you a letter stated that the issue is closed.

 

  • Sometimes, projects "fall through the cracks" and the City of San Diego Development Services does not following the Law of the Municipal Code and issues building permits illegally for the some projects that require Coastal Development Permits (CDP) and/or Neighborhood Development Permits (NDP). Sometimes in the Coastal Overlay Zone, a permit for demolition and/or new construction is issued and without a Notice of Application to neighbors within 300 feet of a project as required by the Municipal Code. If this happens, call DSD and find out the Project Manager in charge and ask them to comply with the CDP, NDP, and Noticing Requirements. Also contact the District 2 Council Person and the Peninsula Community Planning Board. A Notice of Application should be sent so that neighbors will have adequate time to review plans to see if the project will affect their views, their property values, and if the project will be in scale with the rest of the neighborhood. The project should also be submitted or resubmitted to the Peninsula Community Planning Board and voted on.

 

 

  • In the Coastal Overlay Zone, in order to keep neighbors from having input into large development projects, pay less development fees, and speed up the review time, many new large construction projects veil themselves as "remodels" during the permit process. Remodels are Ministerial projects (Level 1) and are approved over-the-counter. Neighbors are not notified before work begins and the Peninsula Community Planning Board does not review the projects. In order to be considered a "remodel," 50 percent of the exterior structural walls need to be retained as exterior structural walls. The definition of 50 percent retained can be found in the document 50 Percent (50%) Rule for Addition/Alteration to Existing Buildings prepared by the Development Services Department (DSD). The 50 percent rules for exterior structural walls means that a home can only be expanded on two of the four sides.

 

The time the City DSD takes to do a Ministerial Review (Process 1) of over-the-counter plans varies greatly. The review time may take a few minutes to a few weeks. If the 50 percent rule cannot be met, then the "Remodeling" project needs a Discretionary Review (Level 2 through 5) and has to be approved by the Peninsula Community Planning Board. Sometimes, submitted plans may be vague. DSD may approve "remodeling" plans that do not meet the 50 percent rule.  By law all submitted plans are available for public review at the Records Department on the Second Floor of the City of San Diego Development Services Department  located at 1222 First Avenue, San Diego, California (619) 446-5000. It is recommended that you make an appointment to review the plans by calling 619-446-5200. You will need the address of the property and project/permit number. The project/permit number may be found at Permit Applications for New Construction in La Playa and the Wooded Area Neighborhood or at the City.

 

 

The required Historical Site Assessment does not always take place. The assessment should include visiting the site, photograph documentation, and record reviews by the City of San Diego Environmental Analysis Section (EAS) of the Development Services Department (DSD). Contact information at the City includes: Anne Lowry (619) 446-5368, Martha Blake (619) 446-5375, Ken Teasley (619) 446-5390, and Marc Cass (619) 446-5330. Find out who did the historical assessment.  The City EAS will make a determination regarding the historical integrity of the existing home. The historical integrity decision regarding a potentially historic home is very subjective. The City EAS may decide a house does not have historical integrity even though neighbors would disagree.

 

If you believe the City made the wrong decision regarding the historical integrity of a structure, then you should contact the District 2 City Council person at (619) 236-6996, http://genesis.sannet.gov/infospc/templates/cd2/index.jsp. In addition, you should contact Save Our Heritage Organization (SOHO) at (619) 297-9327 (http://www.sohosandiego.org/, 2476 San Diego Avenue, San Diego, California 92110). SOHO is a non-profit organization that has help save many historically significant homes in San Diego County.

 

Based on pressure and documentation by the City Council, SOHO, and concerned neighbors, the City EAS may require the that a Historical Report be issued for a potentially historic home before a permit is issued. Please note that a developer can get a historical report from a "hired gun" saying that a homes does not have historic potential. Therefore, after reading the initial report, contact SOHO on what you can do next. You may need to hire your own consultant to write another Historical Report. The report should go to the Historical Resources Board. After a site visit, the Historical Resources Board will vote on the historical integrity of the home at their monthly meeting (http://www.sandiego.gov/historical/agenda.shtml)

 

  • If a demolition/construction permit has already been issued, then call the Division of Building and Safety instead of Neighborhood Code Compliance. The Division of Building and Safety of the DSD is in charge of inspecting construction projects. They are located at 9601 Ridgehaven Court, Suite 220. General Information at (858) 492-5070 may be able to help. If you believe a permitted construction project is violating the Municipal Code (such as not obeying the 50 percent rule) then these are instructions on what to do.

 

1.  Write down the address of the property in question. Note the which side of the street the property in on.

2.  Take pictures (digital photographs are preferred) regarding your concerns.

3.  Look for any contractor information posted on the property and write down the information.

4.  If there are workers on the site, go to the entrance and ask for the Project Superintendent.

5.  Ask the Superintendent general questions about the project and ask for the permit number for reference. The permits should be posted on-site. Ask to see the plans. See if any new construction will affect your property, such as a second story addition which may block your views. NOTE: Construction personnel do not have to talk with neighbors and they may not allow you on-site. However, if they know they are following the Municipal Code, they usually do not have a problem answering general questions. Sometimes after an explanation from the Superintendent, your questions may be answered.

6. If you still believe that violations of the Municipal Code exist, then call the Division of Building and Safety at (858) 492-5070 and find out the name and telephone number of the site inspector for the project.  Call the site inspector and explain your concerns. You may remain anonymous or you may want to be at the inspection. The site inspector will make a determination if violations of the Municipal Code exist. Follow up with the site inspector regarding their findings on a regular basis. This should take between one day to one week.

7. Sometimes the site inspector will differ with you and determine that no violations exists. You may not agree and you may believe violations of the Municipal Code clearly do exist. If this occurs call the District 2 City Council person at (619) 236-6996, http://genesis.sannet.gov/infospc/templates/cd2/index.jsp to coordinate appropriate action. Also call the Chief Combination Inspector, William Barranon at (858) 492-5070 or 980-2816 and tell him your concerns.

 

  • In regards to the 50 percent rule, sometimes a contractor will follow their demolition plans and get the demolition inspection signed off. After the site inspector leaves, then additional walls are destroyed. This practice is illegal. According to the Municipal Code, the "remodeling" project just became a "new construction." By Law the following should happen:

 

1.  Work should stop.

2. Project plans should be resubmitted.

3. A Discretionary Permit (Level 2 through 5) should be applied for.

4. Neighbors within 300 feet of the project should be noticed.

5. Peninsula Community Planning Board should review the plans and vote on the project.

 

If the Development Services Department does not take action against the violation and you feel you are getting the "run around," then you should call the City Attorney's office at (619) 236-6220 (http://genesis.sannet.gov/infospc/templates/attorney/index.jsp) and ask for a written determination of the case. You should also contact the mayor's office (http://www.sandiego.gov/mayor/) and all the City Council  persons (http://www.sandiego.gov/citycouncil/index.shtml). You may also want to speak during Non-Agenda Public Comments during the Regular Council Meetings most Tuesday Mornings at 10:00 am at the City Administration Building, Council Chambers, 12th Floor, 202 "C" Street, San Diego, California 92101. After filling out a speakers request form you will have 3 minutes to speak when you are called. There are a lot of speakers and it may be a few minutes to a few hours before your turn. Note: Handouts and photographs may be submitted to the City Clerk during your speech.

 

The City of San Diego Development Services Department needs your help to make sure development projects comply with the Municipal Code. If you need additional information, please contact me at (619) 523-4350, 371 San Fernando Street, San Diego, California 92106, rhodes@laplayaheritage.com, and I will try to help you through the process.

Regards,

Katheryn Rhodes

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