San Diego Municipal Code Div. 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.)

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(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.)

Rezoning

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.)

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(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;

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(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.)

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Article 3: Zoning