San Diego Municipal Code Div. 10 Industrial Use Category--Separately Regulated Uses

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

The Artisan Food and Beverage Producer use category applies to establishments less than 20,000 square feet for which the primary use is in the commercial on-site production of food or beverage products, such as coffee products, ice cream, baked goods, confections, alcoholic and non-alcoholic beverages, and other foodstuffs. Artisan Food and Beverage Producers are permitted as a Limited Use in the zones indicated with an “L” and may be permitted with a Neighborhood Use Permit decided in accordance with Process Two in the zones indicated with an “N” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations. (a) Accessory retail sales are permitted in accordance with Section 131.0125. (b) All storage shall be within an enclosed building, tank, or silo, or screened from the public right-of-way by fences, walls, or landscaping. Stored items shall not be stacked to a height that exceeds the height of the screening. (c) Sales, service, product consumptions, and outdoor activities shall only occur between 6:00 a.m. and 10:00 p.m. if the establishment is adjacent to residential development. (d) Shipping and receiving activities shall only occur during operating hours between 6:00 a.m. and 10:00 p.m. (e) Shipping and receiving activities shall not be performed using trucks with a Gross Vehicle Weight Rating (GVWR) of greater than 26,000 pounds if the establishment is adjacent to residential development. (“Artisan Food and Beverage Producer” added 12-1-2016 by O-20752 N.S.; effective 12-31-2016.)

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This section regulates structures, improvements on the land, and all contiguous land used for research related to the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste.

Hazardous waste research facilities may be permitted with a Conditional Use Permit
decided in accordance with Process Four in the zones indicated with a “C” in the Use
Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following
regulations.

(a) At the time of application for a Conditional Use Permit, the applicant shall
provide proof of approval of a Research, Development and Demonstration
Permit for Hazardous Waste Treatment from the Environmental Protection
Agency, or any other agency of the United States Government, pursuant to the
Federal Resources Conservation and Recovery Act.

(b) The applicant shall provide the City with documentation of the activities that
will take place on the site and a plan describing the safeguards the applicant
will employ to assure that no harm comes to the surrounding area as a result
of the activities on the site.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1001 to Section 141.1002 on 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)

This section regulates structures, improvements on the land, and all contiguous land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste.

Hazardous waste treatment facilities may be permitted with a Conditional Use Permit
decided in accordance with Process Five in the zones indicated with a “C” in the Use
Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following
regulations.

(a) At least 90 calendar days before applying for a Conditional Use Permit, the
applicant shall file a notice of intent to apply for the permit with the City
Manager and with the Office of Permit Assistance in the State Office of
Planning and Research. The notice of intent shall contain a complete
description of the nature, function, and scope of the development.

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(b) Within 90 calendar days of the date on which a notice of intent to apply for a
Conditional Use Permit is filed, the Office of Permit Assistance will, in
cooperation with the City Manager, convene a public meeting in the City of
San Diego to inform the public about the nature, function, and scope of the
proposed project and the procedures that are required for approving
applications for the development.

(c) Within 90 calendar days of the date on which a notice of intent to apply for a
Conditional Use Permit is filed, the City Council shall appoint a seven-
member local assessment committee. The membership of the local
assessment committee shall be broadly constituted to reflect the makeup of
the City and shall include three representatives of the City at large, two
representatives of environmental or public interest groups, and two
representatives of affected businesses and industries. Members of the
committee shall have no direct financial interest, as defined in the California
Government Code, Section 87103, in the proposed development. The City
Council shall provide staff resources to assist the local assessment committee
in performing its duties. The local assessment committee shall cease to exist
after final administrative action by state and local agencies has been taken on
the permit applications. The local assessment committee shall, within the
time period prescribed by the City Council, do all of the following:

(1) Adopt rules and procedures that are necessary to perform its duties;

(2) Represent generally the interest of the residents of the City and the interests of adjacent communities in negotiations with the applicant;

(3) Negotiate with the applicant on the detailed terms, provisions, and
conditions for project approval that would protect the public health,
safety, and general welfare and the environment of the City and
adjacent communities, and would promote the fiscal welfare of the
City through special benefits and compensation;

(4) Receive and expend, subject to the approval of the City Manager and
authorization of the City Council, the technical assistance grants made
available by the Office of Permit Assistance in the State Office of
Planning and Research to enable the local assessment committee to
hire an independent consultant to assist the committee in reviewing the
development and negotiating terms, provisions, and conditions with
the applicant; and

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(5) Advise the City Manager, Planning Commission, and City Council of
the terms, provisions, and conditions for approval that have been
agreed upon by the committee and the applicant and of any additional
information that the committee deems appropriate. The City Manager,
Planning Commission, and City Council may use this advice for their
independent consideration of the development.

(d) The City Manager will notify the Office of Permit Assistance in the State
Office of Planning and Research within 10 business days of the date on which
an application for a Conditional Use Permit is deemed complete by the City.

(e) Within 60 calendar days of receipt of this notice, the Office of Permit Assistance in the State Office of Planning and Research will convene a meeting of the lead agency and responsible agencies for the development, the applicant, the local assessment committee, and the interested public, to be held in the City of San Diego, to determine the issues that concern the agencies that are required to approve the project and the issues that concern the public. The City Manager shall provide notice to the public of the date, time, and place of the meeting.

(f) Following the meeting required by Section 141.1003(e), the local assessment
committee and the applicant shall meet and confer on the proposal for the
purpose of establishing the terms, provisions, and conditions under which the
development would be acceptable to the community. If the local assessment
committee and the applicant cannot resolve any differences through the
meetings, the Office of Permit Assistance in the State Office of Planning and
Research may recommend the use of a mediator.

(g) Pursuant to the California Health and Safety Code, Section 25199.7(g), the
applicant shall pay a fee, established by the Office of Permit Assistance in the
State Office of Planning and Research, equal to the cost of hiring independent
consultants to review the development. The Office of Permit Assistance in the
State Office of Planning and Research may use this money to make technical
assistance grants to the local assessment committee to enable the committee to
hire an independent consultant to assist the committee in reviewing the
development and negotiating terms, provisions, and conditions with the
applicant.

(h) Pursuant to California Health and Safety Code Section 25199.7(h), the
applicant shall pay one-half of the costs of any mediation process that may be
recommended by the Office of Permit Assistance in the State Office of
Planning and Research. The remaining costs will be paid, upon appropriation
by the legislature, from the State General Fund.

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(i) Within 60 calendar days of the date on which the application is deemed complete, and after a noticed public hearing, the City Council shall, at the request of the applicant, issue an initial written determination on whether the proposed development is consistent with the following documents:

(1) The land use plan and zoning ordinances in effect at the time the
application was received; and

(2) The County Hazardous Waste Management Plan authorized by
California Health and Safety Code Article 3.5 (commencing with
Section 25135), if such plan is in effect at the time of the application.

(j) The City Manager shall send a copy of the written determination, made
pursuant to Section 141.1003(i), to the applicant.

(k) The determination required by Section 141.1003(i) does not prohibit the City
Council from making a different determination when the final decision to
approve or deny the Conditional Use Permit is made, if the final
determination is based on information that was not considered at the time the
initial determination was made.

(l) The decision of the City Council regarding the approval, conditions of
approval, or denial of a Conditional Use Permit is final unless appealed by the
applicant or an interested person to the Governor of the State of California, or
the Governor’s designee, pursuant to California Health and Safety Code
Article 8.7 (commencing with Section 25199) to Chapter 6.5 of Division 20,
within 30 calendar days after the date on which the City Council approves or
denies the Conditional Use Permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1002 to Section 141.1003 and amended 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)

A cannabis production facility may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), provided that no more than 40 cannabis production facilities are permitted in the City of San Diego. Cannabis production facilities are subject to the following regulations.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(a) Cannabis production facilities shall maintain the following minimum
separation:

(1) 1,000 feet from resource and population-based city parks, churches,
child care centers, playgrounds, libraries owned and operated by the
City of San Diego, minor-oriented facilities, residential care facilities,
and schools. For purposes of this section, school means any public or
private institution of learning providing instruction in kindergarten or
grades 1 to 12, inclusive, but does not include any private school in
which education is primarily conducted in private homes. The distance
shall be measured between the property lines, in accordance with
Section 113.0225.

(2) 100 feet from the property line of a residentially zoned lot or premises.
The distance shall be measured horizontally in a straight line between
the two closest points of the property lines without regard to
topography or structures that would interfere with a straight-line
measurement.

(b) All operations, including equipment and storage, shall be conducted indoors
within a secured structure. Greenhouses are prohibited.

(c) Lighting shall be provided to illuminate the immediate surrounding area of the
facility, including parking lots and adjoining sidewalks. Lighting shall be
hooded or oriented so as to deflect light away from adjacent properties.

(d) Security shall include operable cameras, alarms, and a security guard. The
security guard shall be licensed by the State of California and be present on
the premises during business hours. The security guard shall only be engaged
in activities related to providing security for the facility, except on an
incidental basis.

(e) The name and emergency contact phone number of the designated responsible
managing operator shall be posted outside the cannabis production facility in
a location visible to the public from the public right-of-way in character size
at least two inches in height. The permittee shall provide this contact
information to the San Diego Police Department. The designated responsible
managing operator shall also be available 24 hours a day to address public
nuisance complaints and interact with local, state, and federal law
enforcement authorities. Other than the contact information, a cannabis
production facility shall limit signage on the exterior of the property visible
from the public right-of-way to the address.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(f) A permit shall be obtained as required pursuant to Chapter 4, Article 2,
Division 15.

(g) A Conditional Use Permit for a cannabis production facility shall expire no
later than five years from the date of issuance.

(h) A Conditional Use Permit for a cannabis production facility may be amended
in accordance with a Process Two decision as described in Section 112.0503,
subject to this section.

(1) The separation requirements in Section 141.1004(a) shall not be
considered in making the findings required for amendments processed
in accordance with Section 141.1004(h).

(2) A change in zoning after the approval date of the current Conditional
Use Permit shall not be considered in making the findings required for
amendments processed in accordance with Section 141.1004(h)(1).

(3) The cannabis production facility shall be subject to Section
141.1004(a) if expanded beyond the premises identified in the current
Conditional Use Permit.

(4) A Conditional Use Permit for a cannabis production facility may be
amended one or more times as follows:

(A) An application for an amendment may include a request to
extend the expiration date for a period not to exceed five years.

(B) An amendment application to extend the expiration date of a Conditional Use Permit must be submitted and deemed complete prior to the Conditional Use Permit expiration date and the Conditional Use Permit shall automatically be extended until a decision on the amendment request is final and all available administrative appeals of the project decision have been exhausted.

(i) The sale of cannabis and cannabis products shall only be conducted by a
cannabis outlet in accordance with Section 141.0504. A cannabis production
facility is prohibited from providing cannabis and cannabis products to any
person other than another cannabis production facility, a testing lab, or a
cannabis outlet.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(j) The cannabis production facility, adjacent public sidewalks, and areas under
the control of the cannabis production facility shall be maintained free of litter
and graffiti at all times.

(k) The cannabis production facility shall provide daily removal of trash, litter,
and debris. Graffiti shall be removed from the premises within 24 hours.
(“Marijuana Production Facilities” added 10-17-2017 by O-20859 N.S.; effective
11-16-2017. Former Section 141.1004 “Marine-Related Uses in the Coastal Zone”
renumbered to Section 141.1005.)
(Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)
(Retitled from “Marijuana Production Facilities” to “Cannabis Production
Facilities” and 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.)

Marine-related uses in the Coastal Overlay Zone are permitted in zones indicated with a “P” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones). Marine-related uses in the Coastal Overlay Zone may be permitted with a Conditional Use Permit decided in accordance with Process Four in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) All storage, service, and repair areas shall be located on the site so that they
are not visible, or shall be screened so that they are not visible, from adjacent
development and public rights-of-way.

(b) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(c) A litter control program is required before approval of the permit.
(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.)
(Renumbered from Section 141.1003 to 141.1004 on 12-1-2016 by O-20752 N.S.;
effective 12-31-2016.)
(Renumbered from former Section 141.1004 on 10-17-2017 by O-20859 N.S.;
effective 11-16-2017. Former Section 141.1005 “Mining and Extractive Industries”
renumbered to Section 141.1006.)

Mining and extractive industries may be permitted with a Conditional Use Permit decided in accordance with Process Four in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Exemptions. The following activities and persons are exempt from the
provisions of this section:

(1) Prospecting for or exploration of minerals for commercial purposes
where less than 1,000 cubic yards of overburden are removed in any
single location of 1 acre or less;

(2) Any surface mining operation that does not involve the removal of
more than 1,000 cubic yards of minerals, ores, and overburden or
involve more than 1 acre in any single location;

(3) Surface mining operations that are required by federal law in order to
protect a mining claim, if the operations are conducted solely for that
purpose; and

(4) Excavations or grading conducted for farming, onsite construction, or
for the purpose of restoring land following a flood or natural disaster.

(5) The solar evaporation of sea water or bay water for the production of
salt and related minerals.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(6) Onsite excavation and onsite earthmoving activities that are an integral
and necessary part of a construction project that are undertaken to
prepare a site for construction of structures, landscaping, or other land
improvements, including the related excavation, grading, compaction,
or the creation of fills, road cuts, and embankments, whether or not
surplus materials are exported from the site, subject to all of the
following conditions:

(A) All required permits for the construction, landscaping, or
related land improvements have been approved by a public
agency in accordance with applicable provisions of state law
and locally adopted plans and ordinances, including, but not
limited to Public Resources Code, Division 13 (commencing
with Section 21000).

(B) The lead agency’s approval of the construction project
included consideration of the onsite excavation and onsite
earthmoving activities pursuant to Public Resources Code,
Division 12 (commencing with Section 21000)

(C) The approved construction project is consistent with the
general plan or zoning of the premises.

(D) Surplus materials shall not be exported from the premises
unless and until actual construction work has commenced and
shall cease if it is determined that construction activities have
terminated, have been indefinitely suspended, or are no longer
being actively pursued.

(7) Operation of a plant site used for mineral processing, including
associated onsite structures, equipment, machines, tools, or other
materials, including the onsite stockpiling and onsite recovery of
mined materials, subject to all of the following conditions:

(A) The plant site is located on lands designated for industrial or
commercial uses in the applicable county or city general plan.

(B) The plant site is located on lands zoned industrial or
commercial, or are contained within a zoning category
intended exclusively for industrial activities by the applicable
city or county.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(C) None of the minerals being processed are being extracted
onsite.

(D) All reclamation work has been completed pursuant to the
approved reclamation plan for any mineral extraction activities
that occurred onsite after January 1, 1976.

(8) Emergency excavations or grading conducted by the California Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(9) Surface mining operations conducted on lands owned or leased, or
upon which easements or rights-of-way have been obtained, by the
California Department of Water Resources for the purpose of the State
Water Resources Development System or flood control, and surface
mining operations on lands owned or leased, or upon which easements
or rights-of-way have been obtained, by the Reclamation Board for the
purpose of flood control, if the California Department of Water
Resources adopts, after submission to and consultation with, the
California Department of Conservation, a reclamation plan for lands
affected by these activities, and those lands are reclaimed in
conformance with the standards specified in regulation of the board
adopted pursuant to the California Surface Mining and Reclamation
Act of 1975. The California Department of Water Resources shall
provide an annual report to the California Department of Conservation
by the date specified by the California Department of Conservation on
these mining activities.

(10) Excavations or grading for the exclusive purpose of obtaining
materials for roadbed construction and maintenance conducted in
connection with timber operations or forest management on land
owned by the same person or entity. This exemption is limited to
excavation and grading that is conducted adjacent to timber operation
or forest management roads and shall not apply to onsite excavation or
grading that occurs within 100 feet of a Class One watercourse or 75
feet of a Class Two watercourse, or to excavation for materials that
are, or have been sold for commercial purposes.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(A) The exemption set forth in Section 141.1006(a)(10) applies only if slope stability and erosion are controlled in accordance with Section 3704(f) and Section 3706(d) of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the California Department of Forestry and Fire Protection.

(11) Excavations, grading, or other earthmoving activities in an oil or gas
field that are integral to, and necessary for, ongoing operations for the
extraction of oil or gas that comply with all of the following
conditions:

(A) The operations are being conducted in accordance with Public
Resources Code, Division 3 (commencing with Section 3000).

(B) The operations are consistent with any general plan or zoning
applicable to the site.

(C) The earthmoving activities are within oil or gas field properties
under a common owner or operator.

(D) No excavated materials are sold for commercial purposes.

(b) Vested Rights

(1) Any person who obtained a vested right to conduct a surface mining
operation before January 1, 1976, shall not be required to secure a
Conditional Use Permit pursuant to the provisions of Section
141.1006, as long as the vested right continues and no substantial
change is made in the operation except in accordance with the
provisions of Section 141.1006. Any substantial change in the surface
mining operation subsequent to January 1, 1976, may be permitted
only with a Conditional Use Permit in accordance with Section
141.1006.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(A) A person is deemed to have a vested right if, before January 1, 1976, that person has in good faith and in reliance upon a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and necessary materials. Expenses incurred in obtaining the enactment of a resolution in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials that would create a vested right.

(2) A person with vested rights who has continued surface mining in the
same disturbed area after January 1, 1976, and who did not receive
approval for his or her reclamation plan prior to July 1, 1990, shall
cease continuation of the surface mining operation until a reclamation
plan has been submitted to the City Manager and approved in
accordance with Process One. All reclamation plans submitted to the
City Manager for vested operations that are conducted after January 1,
1976, shall be accompanied by the applicable deposit.

(3) Any person who has obtained a vested right to conduct surface mining
operations shall obtain a grading permit and be subject to the same
frequency of inspection as those mining operators required to obtain a
Conditional Use Permit pursuant to Section 141.1006.

(4) Nothing in Section 141.1006 shall be construed as requiring the filing
of a reclamation plan for, or the reclamation of, mined lands on which
surface mining operations were conducted prior to, but not after,
January 1, 1976.

(c) The applicant shall submit a reclamation plan, financial assurances and
grading plans, in accordance with the provisions set forth in Section141.1006;
the California Surface Mining and Reclamation Act of 1975, Article 5
including Section 2772, 2773 and 2773.1; applicable provisions of Chapter 8,
Division 2, Title 14 of the California Code of Regulations including Sections
3500-3505 and 3700-3713; and procedures established by the City Manager.
The Conditional Use Permit, reclamation plan, financial assurance, and
grading plan shall be processed as a consolidated action.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(d) The Director of the California Department of Conservation shall be notified
by the City Manager of the filing of a Conditional Use Permit application
pursuant to Section 141.1006.

(e) In accordance with Public Resources Code section 2772, any person who
owns, leases, or otherwise controls or operates on all or any portion any
mined lands, or who plans to conduct surface mining operations on the lands,
shall submit a reclamation plan for approval by the City Manager. The
reclamation plan shall be submitted in a format specified by the City
Manager. The reclamation plan shall include all information and
documentation set forth in Public Resources Code sections 2772 (c) and
2773(a).

(f) The mining operator shall file an annual surface mining report on forms
provided by the State Mining and Geology Board with the California
Department of Conservation and the City Manager no later than the
anniversary date established by the Director of the California Department of
Conservation, or as otherwise required by the Conditional Use Permit.

(g) Reclamation plans, reports, applications, and other documents submitted in
accordance with Section 141.1006 are public records unless it can be
demonstrated to the satisfaction of the City Attorney that the release of this
information would reveal production, reserves, or rate of depletion that is
entitled to protection as proprietary information. The City Attorney shall
identify the proprietary information as a separate part of each application. A
copy of all permits, reclamation plans, reports, applications, and other
documents submitted in accordance with Section 141.1006, including
proprietary information, shall be furnished to the Director of the California
Department of Conservation by the City Manager. Proprietary information
shall be made available to persons other than the Director of the Department
of Conservation only when authorized by the surface mining owner in
accordance with Public Resources Code section 2778.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(h) As a condition of approval for the Conditional Use Permit or the reclamation plan, or both, the applicant shall agree to allow the City, upon notice of inspection, to enter the site to inspect and evaluate continuing compliance with the Conditional Use Permit and the reclamation plan. The inspections shall occur no less frequently than once in any calendar year, in accordance with Public Resources Code section 2774(b). The inspection shall be conducted by a state-registered geologist, state registered civil engineer, state licensed landscape architect or state registered forester, who is experienced in land reclamation and who has not been employed by the surface mining operation in any capacity during the twelve month prior to the inspection. The inspection shall be conducted using a form provided by the California Department of Conservation and subject to review and approval by the City Manager. The completed inspection form and an inspection report shall be submitted to the City Manager within fifteen days of the inspection. All costs related to the inspections and report shall be borne solely by the operator. The City Manager shall notify the California Department of Conservation within thirty days of completion of the inspection that the inspection has been conducted; the City Manager shall also forward a copy of the notice, the completed inspection form and any necessary supporting documentation, to the applicant.

(i) As a result of the annual inspection, if the City Manager finds that the surface
mining operator is not following the provisions of the reclamation plan, the
surface mining operator shall be given notice to comply within a given time
not to exceed ninety calendar days. A copy of the notice shall be given to the
owner of the land upon which the surface mining operations are located. If at
the end of the stated time the operator is not in compliance, the City Manager
may revoke or suspend the Conditional Use Permit or the reclamation plan or
both until the surface mining operator complies or obtains approval of a
revised reclamation plan.

(j) In accordance with the provisions of Section 141.1006, Public Resources
Code section 2773.1 and as a condition of approval of the Conditional Use
Permit or the reclamation plan or both, the surface mining operator shall
submit financial assurances to ensure compliance with the surface mining
operation’s reclamation plan, including revegetation and landscaping
requirements, restoration of aquatic or wildlife habitat, restoration of water
bodies and water quality, slope stability and erosion and drainage control,
disposal of hazardous materials, annual adjustments for disturbance to new
lands and those anticipated for the upcoming calendar year, inflation and other
measures, as necessary.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(1) Cost estimates shall be prepared in accordance with the procedures
outlined in the most recent edition of the State Mining and Geology
Board’s “Financial Assurance Guidelines” and shall be submitted to
the City Manager for review and approval prior to the surface mining
operator securing financial assurances.

(2) A copy of the cost estimates will be forwarded to the State California
Department of Conservation for review.

(3) Revisions to financial assurances shall be submitted to the City
Manager each year prior to the anniversary date for approval of the
financial assurances. The annual adjustments shall take into account
new lands disturbed by surface mining operations, changes with
respect to environmental conditions affected by mining operations,
new information concerning mining reclamation or the reclamation of
subject mined lands, modifications of the reclamation plan, changes in
the laws and regulations affecting surface mining, inflation and
reclamation of lands accomplished in accordance with the reclamation
plan.

(4) The financial assurances shall be made payable to the City of San
Diego and the California Department of Conservation and may be any
of those listed below. The financial assurances shall be released, upon
written notification from the City Manager to the surface mining
operator and the California Department of Conservation, that the
surface mining operator is in compliance with the provisions of the
Conditional Use Permit and has completed the work in accordance
with the approved reclamation plan. Financial assurances may be any
of the following:

(A) A bond or bonds by one or more duly authorized corporate
securities;

(B) A deposit of money or negotiable bonds of the kind approved
for securing deposits of public moneys;

(C) An instrument of credit from one or more financial institutions
subject to regulation by the state or federal government and
pledging that the funds necessary to carry out the plan are on
deposit and guaranteed for payment; or

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(D) Other security which the State Mining and Geology Board
determines are reasonably available and adequate to ensure
reclamation in accordance with the California Surface Mining
and Reclamation Action of 1975.

(5) Default of financial assurances shall comply with the procedures
established by the City Manager, as amended from time to time.

(k) Whenever any surface mining operation or portion of a surface mining
operation that is subject to Section 141.1006 is sold, assigned, conveyed,
exchanged, or otherwise transferred, the successor in interest shall be bound
by the provisions of the Conditional Use Permit, reclamation plan, the
provisions of Section 141.1006 and the California Surface Mining and
Reclamation Act of 1975.

(l) In accordance with Public Resources Code section 2770, and as further
provided in Section 141.1006, whenever any surface mining operation
becomes idle, the surface mining operator shall submit a proposed interim
management plan (IMP) to the City Manager for review and approval. The
IMP shall be submitted within ninety days of the operation becoming idle on
forms provided by the City Manager. Review and approval of the IMP shall
be carried out in accordance with Public Resources Code section 2770(h).
Upon receipt of a complete proposed IMP, the City Manager shall forward it
to the California Department of Conservation for review.

(m) Deviations from the approved reclamation plan, including an IMP, are not
permitted unless amendments to the reclamation plan, financial assurances
and the Conditional Use Permit have been approved by the decision maker in
accordance with Process Four, or the Substantial Conformance Review
process where applicable.

(n) In the OR-1-2 zone, the following regulations apply.

(1) Processing and other related mining activities (such as asphaltic
processing) are permitted only within the allowable 25 percent
development area.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(2) All mining and other related mining activities must be consistent with
the objectives, guidelines, and recommendations in the Multiple
Species Conservation Program Plan, the California Surface Mining
and Reclamation Act of 1975, the regulations in Chapter 14, Article 3,
Division 1 (Environmentally Sensitive Lands Regulations) and other
applicable state and local laws and regulations.

(3) Any sand removal activities should be monitored for noise impacts to
surrounding sensitive habitats, and all new sediment removal or
surface mining operations proposed in proximity to the MHPA or
changes in existing operations, must include noise reduction methods
that take into consideration the breeding and nesting seasons of
sensitive bird species.

(4) All existing and future mined lands adjacent to or within the MHPA
shall be reclaimed in accordance with the California Surface Mining
and Reclamation Act of 1975 and should be designed to contribute
biologically to the MHPA. Native habitats should be restored as much
as possible. No invasive non-native plant species shall be introduced
into areas adjacent to the MHPA

(5) Any permitted surface mining activity, including reclamation of sand,
must consider changes and impacts to surface water and groundwater
quality, water table level, fluvial hydrology, flooding, and habitats
upstream and downstream and must provide adequate mitigation.

(o) The City Manager may suspend or revoke a Conditional Use Permit or
grading permit for violation of the terms and conditions of the permit,
inadequate financial assurances, or Municipal Code violations.
(Amended 6-12-2001 by O-18948 N.S.; effective 12-12-2001.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)
(Amended 3-1-2005 by O-19468 N.S.; effective 4-1-2006.)
(Renumbered from Section 141.1004 to Section 141.1005 and amended 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)
(Renumbered from former Section 141.1005 and amended 10-17-2017 by
O-20859 N.S.; effective 11-16-2017. Former Section 141.1006 “Newspaper
Publishing Plants” renumbered to Section 141.1007.)

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

Newspaper publishing plants may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) The design of the structures shall incorporate a variety of architectural
elements that help to diminish building bulk.

(b) Larger structures, areas of high activity, and parking areas shall be located to
minimize impacts to surrounding development that is smaller in scale and less
intense.

(c) Access to the facility shall be as direct as possible from freeways and primary
arterials and shall avoid residential streets.

(d) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property.

(e) All storage, service, and repair areas shall be located on the site so that they
are not visible, or shall be screened so that they are not visible, from adjacent
development and public rights-of-way.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1005 to Section 141.1006 on 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)
(Renumbered from former Section 141.1006 on 10-17-2017 by O-20859 N.S.;
effective 11-16-2017. Former Section 141.1007 “Processing and Packaging of Plant
Products and Animal By-Products Grown Off-Premises” renumbered to
Section 141.1008.)

Off-Premises

This use may be permitted with a Conditional Use Permit decided in accordance with
Process Three in the zones indicated with a “C” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Processing and packaging facilities are not permitted adjacent to residentially
zoned property.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(b) The location, number, and intensity of other nonagricultural uses located in
the vicinity of the proposed establishment will be evaluated to determine the
appropriate size and intensity of the proposed establishment.

(c) The amount of noise and odor that might be generated by these facilities will
be evaluated to determine where they may be located.

(d) The proximity of freeways, primary arterials, and major streets serving the
site will be evaluated to determine the appropriate size and intensity of the
proposed establishment.

(e) Off-street parking shall be sufficient to serve the facility without impacting
adjacent or nearby property.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1006 to Section 141.1007 on 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)
(Renumbered from former Section 141.1007 on 10-17-2017 by O-20859 N.S.;
effective 11-16-2017. Former Section 141.1008 “Very Heavy Industrial Uses”
renumbered to Section 141.1009.)

This section regulates the following uses: distillation of bones; fat rendering; garbage offal or dead animal reduction; gas manufacture; glue manufacture; petroleum refining; and stock yards or slaughter of animals.

Very heavy industrial uses may be permitted with a Conditional Use Permit decided
in accordance with Process Five in the zones indicated with a “C” in the Use
Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following
regulations.

(a) The operation of these uses shall occur within an enclosed building to the
extent possible.

(b) Any outdoor activities or operations shall be located on the site so that noise,
odors, dust, and fumes generated on the site have minimal impact on
surrounding development.

(c) Access to these facilities shall be as direct as possible from freeways and
primary arterials and shall avoid residential streets.

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San Diego Municipal Code Chapter 14: General Regulations (11-2021)

(d) The facility shall be designed to protect nearby streams and bodies of water
from runoff related to the operation of the facility.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1007 to Section 141.1008 on 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)
(Renumbered from former Section 141.1008 on 10-17-2017 by O-20859 N.S.;
effective 11-16-2017. Former Section 141.1009 “Wrecking and Dismantling of Motor
Vehicles” renumbered to Section 141.1010.)

Wrecking and dismantling of motor vehicles may be permitted with a Conditional Use Permit decided in accordance with Process Four in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) All storage shall be within an enclosed building or screened from the public
right-of-way by fences or walls and landscaping. Stored items shall not be
stacked to a height that exceeds the height of the screening.

(b) A litter control program is required before approval of the permit.

(c) A pest control program is required before approval of the permit.

(d) Hours of operation shall be limited so that neighboring residential
development is not disturbed by noise and lights.

(e) Measures shall be taken to ensure that the ground water table is not adversely
affected by the increase of impermeable surfaces due to the development of
the facility.

(f) Measures shall be taken to ensure that the water quality is not adversely
affected by runoff of fuel, lubricants, or other pollutants.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Renumbered from Section 141.1008 to Section 141.1009 on 12-1-2016 by
O-20752 N.S.; effective 12-31-2016.)
(Renumbered from former Section 141.1009 on 10-17-2017 by O-20859 N.S.;
effective 11-16-2017.)

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San Diego Municipal Code Chapter 14: General Regulations (1-2016)

Article 1: Separately Regulated Use Regulations