San Diego Municipal Code Div. 3 Conditional Use Permit Procedures

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

The purpose of these procedures is to establish a review process for the development of uses that may be desirable under appropriate circumstances, but are not permitted by right in the applicable zone. The intent of these procedures is to review these uses on a case-by-case basis to determine whether and under what conditions the use may be approved at a given site. Further, the intent is that each use be developed so as to fully protect the public health, safety, and welfare of the community. To provide this protection, conditions may be applied to address potential adverse effects associated with the proposed use. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

to Regulations, and Combination of Uses

(a) In granting a Conditional Use Permit, the decision maker may impose
reasonable conditions as deemed necessary and desirable to protect the public
health, safety, and welfare including making any applicable use regulations or
regulations of the zone more restrictive, unless otherwise provided.

(b) All existing and proposed uses on the site shall be identified in the permit,
including existing or new uses permitted by right in the applicable zone, any
uses subject to a use permit, and those proposed uses that require the
Conditional Use Permit.

(c) The privileges and conditions of a Conditional Use Permit are a covenant that
runs with the land and, in addition to binding the permittee, bind each
successor in interest.

(d) The decision maker may assign an expiration date to the permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

An application for the following types of uses in certain zones may require a Conditional Use Permit. To determine whether a Conditional Use Permit is required in a particular zone, refer to the applicable Use Regulations Table in Chapter 13. The decision process is described in Section 126.0304.

(a) Conditional Use Permits Decided by a Process Two

Battery energy storage facilities (under circumstances described in
Section 141.0422)

Cannabis outlet (under circumstances described in Section 141.0504)

Cannabis production facilities (under circumstances described in
Section 141.1004)

(b) Conditional Use Permits Decided by Process Three

Agricultural equipment repair shops
Agriculture-related supplies and equipment sales
Alcoholic beverage outlets (under circumstances described in Section
141.0502)
Assembly and entertainment uses, including places of religious assembly
(under circumstances described in Section 141.0602)
Automobile service stations
Battery energy storage facilities (under circumstances described in
Section 141.0422)
Cannabis outlets
Cannabis production facilities
Child Care Centers
Commercial stables
Continuing care retirement communities
Educational facilities
Employee housing
Energy generation and distribution stations
Equestrian show and exhibition facilities
Fraternities, sororities, and student dormitories
Historical buildings used for purposes not otherwise allowed in the zone
Impound storage yards
Major transmission, relay, or communication switching station
Museums

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Newspaper publishing plants Outdoor storage and display of new, unregistered motor vehicles as a primary use Parking facilities as a primary use Plant nurseries Private clubs, lodges, and fraternal organizations Processing and packaging of plant products and animal by-products grown off-premises Recycling facilities (under circumstances described in Section 141.0620) Residential care facilities for 7 to 12 persons Swap meets and other large outdoor retail facilities Wireless communication facilities (under circumstances described in Section 141.0420)

(c) Conditional Use Permits Decided by Process Four
Battery energy storage facilities (under circumstances described in
Section 141.0422)
Botanical gardens and arboretums
Camping parks
Cemeteries, mausoleums, and crematories
Correctional placement centers
Exhibit halls and convention centers
Golf courses, driving ranges, and pitch and putt courses
Hazardous waste research facilities
Homeless facilities
Hospitals, intermediate care facilities, and nursing facilities
Interpretive centers
Junk yards
Marine-related uses in the Coastal Overlay Zone
Mining and extractive industries
Nightclubs and bars over 5,000 square feet in size
Privately operated recreational facilities over 40,000 square feet in size
Residential care facilities for 13 or more persons
Social service institutions
Theaters that are outdoor or over 5,000 square feet in size
Wireless communication facilities (under circumstances described in Section
141.0420)
Wrecking and dismantling of motor vehicles

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San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

(d) Conditional Use Permits Decided by Process Five Airports Amusements parks Fairgrounds Hazardous waste treatment facilities Helicopter landing facilities Sports arenas and stadiums Transitional Housing for 7 or more persons Very heavy industrial uses Zoological parks (Amended 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 3-25-2014 by O-20356 N.S.; effective 4-24-2014.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 8-4-2016 by O-20704 N.S.; effective 8-27-2016.) (Amended 2-22-2017 by O-20793 N.S.; effective 4-12-2017.) (Amended 9-15-2017 by O-20857 N.S.; effective 10-15-2017.) (Amended 10-17-2017 by O-20859 N.S.; effective 11-16-2017.) (Amended 1-8-2020 by O-21163 N.S.; effective 2-9-2020.) (Amended 7-30-2020 by O-21221 N.S.; effective 8-29-2020.) (Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

(a) Process Three A decision on an application for a Conditional Use Permit for the uses listed in Section 126.0303(a) shall be made in accordance with Process Three. The decision may be appealed to the Planning Commission in accordance with Section 112.0506.

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(b) Process Four
A decision on an application for a Conditional Use Permit for the uses listed
in Section 126.0303(b) shall be made in accordance with Process Four.

(c) Process Five
A decision on an application for a Conditional use Permit for the uses listed in
Section 126.0303(c) shall be made in accordance with Process Five.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An application for a Conditional Use Permit may be approved or conditionally approved only if the decision maker makes the following findings: (a) The proposed development will not adversely affect the applicable land use plan; (b) The proposed development will not be detrimental to the public health, safety, and welfare;

(c) The proposed development will comply with the regulations of the Land
Development Code including any allowable deviations pursuant to the Land
Development Code; and
(d) The proposed use is appropriate at the proposed location.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

It is unlawful for any person to maintain, use, or develop any premises without a Conditional Use Permit if such a permit is required for that use or development or to maintain, use, or develop any premises contrary to the requirements or conditions of an existing Conditional Use Permit, except as provided in Sections 126.0112 or 126.0113. Violation of any provision of this Division shall be subject to the enforcement provisions contained in Chapter 12, Article 1. Violations of this Division shall be treated as strict liability offenses regardless of intent. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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Article 6: Development Permits