§123.0110 Interim Emergency Zoning — San Diego Zoning Code

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.)