Division 1 — Zoning and Rezoning Procedures

The purpose of these procedures is to establish the process for the inclusion or placement of any property within the City of San Diego into any zone established and defined in Chapter 13 (Zones) or Chapter 15 (Planned Districts).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

A proposal to apply a zone on any property that is not currently in a City of San Diego zone shall require an application for zoning. A proposal to change the zone on a piece of property shall require an application for rezoning.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A proposed action to designate a zone on a property or change an existing zone may be commenced in the following manner:

• (a) By Resolution. The City Council or the Planning Commission may initiate a zoning or rezoning action by resolution; or

• (b) By Application. A property owner may commence a zoning or rezoning action by filing an application in accordance with Sections 112.0102.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

Ch. Art. Div. 12 3 1 1

San Diego Municipal Code (1-2016)

Chapter 12: Land Development Reviews

• (a) A decision on a proposed zoning or rezoning action shall be made in accordance with Process Five.

• (b) The City Council may approve a zoning or rezoning action whenever public necessity or convenience, the general welfare, or good zoning practice justifies this action.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

If the Planning Commission fails to provide a recommendation on a proposed zoning or rezoning within 45 calendar days after the date of the public hearing before the Planning Commission, as may be extended by any continuance consented to by the applicant , the City Council shall direct that a public hearing be held before the Council without the Planning Commission recommendation if requested by the applicant .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The City Council may take any of the following actions at the conclusion of a public hearing to consider a proposed zoning or rezoning application:

• (a) Adopt the proposed zoning or rezoning as recommended by the Planning Commission;

• (b) Reject the recommendation of the Planning Commission;

• (c) Modify the recommendation of the Planning Commission and adopt any other zone that has been identified for consideration in the public notice; or

• (d) Adopt or reject the proposal or modify the proposal and adopt any other zone that has been identified for consideration in the public notice if the Planning Commission has not made a recommendation as described in Section 123.0107.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 3 1 2

San Diego Municipal Code (1-2016)

Chapter 12: Land Development Reviews

• (a) An amendment to a zoning ordinance as defined by California Government Code section 65850 that meets the requirements of, and implements the provisions of the California Public Resources Code, Division 20, California Coastal Act, constitutes an amendment to the City of San Diego Local Coastal Program .

• (b) The amendment of a Local Coastal Program zoning ordinance must be certified by the Coastal Commission in accordance with Coastal Commission regulations. If the Coastal Commission certifies a zoning ordinance with modifications, the City Council shall conduct a public hearing noticed to consider the modifications no later than 6 months after the Coastal Commission action. The hearing shall be noticed in accordance with Sections 112.0301(c) and 112.0302(b).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

After a rezone has been introduced, and before its adoption, the City Council may adopt an interim emergency zoning ordinance to delay development that would be inconsistent with the proposed rezone until a decision has been made by the City Council on the rezone. An interim emergency zoning action may be initiated only by the City Council or the Planning Commission.

• (a) Notice. No public notice is required for the initial adoption of an interim emergency zoning ordinance.

• (b) Decision Process. The City Council may approve or deny a proposed interim emergency zoning ordinance without a Planning Commission recommendation. Adoption of an interim emergency ordinance requires approval by a two-thirds vote of the elected members of the City Council.

• (c) Findings . An interim emergency zoning ordinance may be adopted only if the City Council makes all of the following findings :

  • (1) Proposed development would be inconsistent with the zoning initiated by the City or would preempt the City’s ability to implement adopted land use plans and policies;

Ch. Art. Div. 12 3 1 3

San Diego Municipal Code

Chapter 12: Land Development Reviews

(1-2016)

• (2) Proposed development would be detrimental to the public peace, property, health, or safety;

• (3) The proposed development appears imminent; and

• (4) The emergency is set forth and defined in the preamble to the proposed ordinance.

• (d) Effective Date. An interim emergency zoning ordinance is effective upon adoption and remains in effect for 180 calendar days.

• (e) Extensions. The City Council may extend an interim emergency zoning ordinance for two 180-day periods or until a land use plan is adopted or amended for the property that is the subject of the zoning ordinance, whichever occurs first. The City Council may extend an interim emergency zoning ordinance in accordance with Process Five, except that a two-thirds vote of the elected members of the City Council is required to approve the extension.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Pending incorporation of territory adjoining the City, the City Council may adopt a prezoning ordinance to delineate the zone that will apply to the property upon annexation to the City. A prezoning ordinance may be initiated only by the Planning Commission or the City Council. A prezoning ordinance shall become effective upon the annexation of the affected property. The City Council may approve or deny a prezoning ordinance in accordance with Process Five.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 3 1 4

San Diego Municipal Code

Chapter 12: Land Development Reviews

(12-2019)

Article 3: Zoning

Division 2: Designation of Historical Resources Procedures (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to establish a process to identify and designate for preservation those historical resources that embody the special elements of the city’s architectural, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritages.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) Nominations. Nominations of a historical resource to become a designated historical resource may originate from the Historical Resources Board, the City Manager, the City Council, or any member of the public including the property owner by submitting a research report or similar documentation, as identified in the Historical Resources Guidelines of the Land Development Manual, to the Board’s administrative staff for consideration by the Board. Nominations from the City Manager may originate as a result of a sitespecific survey required for the purpose of obtaining a construction or development permit consistent with Section 143.0212.

• (b) Public Notice to Owner. The owner of a property being considered for designation by the Historical Resources Board shall be notified at least 10 business days before the Board hearing. Notice to the owner shall contain information about the potential impacts of designation and a request to contact the Board’s administrative staff regarding information for making a presentation to the Board on the proposed designation. No action shall be taken by the Board to designate a historical resource except at a public hearing that provides all interested parties an opportunity to be heard.

Ch. Art. Div. 12 3 2 1

San Diego Municipal Code

Chapter 12: Land Development Reviews

(12-2019)

• (c) Adequacy of Research Report. The decision on whether or not to designate a historical resource shall be based on the information in a research report, as specified in the Historical Resources Guidelines of the Land Development Manual. If the Board determines, either by public testimony or other documentary evidence presented to it, that the research report is not adequate to assess the significance of the historical resource , the Board may continue its consideration of the property for up to two regular meetings and direct that a research report be prepared by the applicant with specific direction from staff as to the inadequacies of the original report. The revised research report may be prepared by City staff or volunteers, with a copy provided to the owner at least 10 business days before the next Board meeting at which the designation will be considered. If a final decision is not made within 90 calendar days of receipt of a nomination for designation, the consideration of the property by the Board shall terminate unless a continuance has been granted at the request of the property owner.

• (d) Continuance. At the request of the property owner, the Historical Resources Board shall grant a continuance of one scheduled Board meeting after the motion has been made to designate a historical resource .

• (e) Historical Resources Board Decision. The Historical Resources Board shall review the Research Report and shall make a decision on whether to designate a historical resource based on the criteria specified in, and consistent with the procedures of the Historical Resources Guidelines of the Land Development Manual. The action to designate shall require the affirmative vote by six members of the Board.

cal Resources Board Decision. The Historical Resources Board shall review the Research Report and shall make a decision on whether to designate a historical resource based on the criteria specified in, and consistent with the procedures of the Historical Resources Guidelines of the Land Development Manual. The action to designate shall require the affirmative vote by six members of the Board.

• (f) Findings . The decision to designate a historical resource shall be based on written findings describing the historical significance of the property.

• (g) Re-initiation of Designation Proceedings. Designation procedures may not be re-initiated within 5 years without owner consent, absent significant new information.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 12-15-2006 by O-19557 N.S.; effective 1-14-2007.)

Ch. Art. Div. 12 3 2 2

San Diego Municipal Code (12-2019)

Chapter 12: Land Development Reviews

• (a) The action of the Historical Resources Board in the designation process is final 11 business days following the decision of the Board unless an appeal to the City Council is filed with the City Clerk no later than 10 business days after the action of the Board. The decision of the Historical Resources Board may be appealed by an applicant or an interested person . An appeal shall be in writing and shall specify wherein there was error in the decision of the Board. The City Council may reject designation on the basis of factual errors in materials or information presented to the Board, violations of bylaws or hearing procedures by the Board or individual member, or presentation of new information.

• (b) Upon the filing of the appeal, the City Clerk shall set the matter for public hearing as soon as is practicable and shall give written notice to the property owner and the appellant of the time and date set for the hearing. At the public hearing on the appeal, the City Council may by resolution affirm, reverse, or modify the determination of the Board and shall make written findings in support of its decision.

• (c) The appellant may withdraw an appeal at any time prior to the commencement of the public hearing before the City Council. The withdrawal of the appeal must be in writing and filed with the City Clerk. If the appellant withdraws an appeal, no appeal hearing will be conducted. The withdrawal of an appeal does not entitle the appellant to any refund of appeal-related costs or fees incurred as of the date of the withdrawal.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-9-2019 by O-21115 N.S.; effective 9-8-2019.)

No later than 90 calendar days following the final decision to designate a historical resource , the City Manager shall record the designation with the County Recorder. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 3 2 3

San Diego Municipal Code (12-2019)

Chapter 12: Land Development Reviews

The Historical Resources Board may amend or rescind any designation of a historical resource in the same manner and procedure as was followed in the original designation. This action may be taken only if there is new information, the discovery of earlier misinformation, or a change in circumstances surrounding the original designation.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The City Council shall consider endorsing the nomination of a historical resource for inclusion in the California Register of Historic Resources and the National Register of Historic Places upon recommendation of the Historical Resources Board. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 3 2 4

San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2019)

Article 3: Zoning