§132.1555 Overrule Process — San Diego Zoning Code

(a) An applicant may request a decision from the City Council to overrule a determination of inconsistency made by the Airport Land Use Commission in accordance with the consistency determination process in Section 132.1550. Any decision by the City Council to overrule a determination of inconsistency requires two hearings. The first hearing shall be a proposed decision to overrule and the second hearing shall be a final decision to overrule.
(b) Associated development permits shall be consolidated and decided by the City Council as part of the hearing to overrule the Airport Land Use Commission.
(c) A Notice of Request for Overrule Hearing and a Notice of Public Hearing shall be provided in accordance with Section 112.0311.
(d) A proposed decision to overrule the Airport Land Use Commission’s determination shall be made by a minimum two-thirds vote of the City Council and shall be supported by the following findings :
- (1) The proposed development will not be detrimental to the public health, safety, and welfare;
- (2) The proposed development will minimize the public’s exposure to excessive noise and safety hazards to the extent feasible; and
- (3) The proposed development will meet the purpose and intent of the California Public Utilities Code Section 21670.
(e) A City Council proposed decision to overrule the determination of inconsistency and the findings shall be provided to the Airport Land Use Commission, California Department of Transportation, Division of Aeronautics, and the airport operators for the airport influence areas in which the development is located.
(f) A City Council hearing to make a final decision to overrule the Airport Land Use Commission shall be scheduled at least 45 days from the date that the proposed decision and findings are provided pursuant to Section 132.1555(e). A final decision to overrule the determination of inconsistency shall include consideration of any comments received by from the Airport Land Use Commission and the California Department of Transportation, Division of Aeronautics. A final decision to overrule the determination of inconsistency shall be made by a minimum of two-thirds vote.

(“Overrule Process” added 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (Amended 12-17-2021 by O-21380 N.S.; effective 1-16-2022.)

Ch. Art. Div. 13 2 15 113

San Diego Municipal Code

Chapter 13: Zones

(3-2026)

Article 2: Overlay Zones