San Diego Municipal Code Div. 5 Retail Sales Use Category--Separately Regulated Uses

Agricultural-related supplies and equipment 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 location, number, and intensity of other nonagricultural establishments
located in the vicinity will be evaluated to determine the appropriate size and
intensity of the proposed establishment.

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

(c) Off-street parking shall be sufficient to serve the facility and limit adverse
impacts to adjacent or nearby property.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Any establishment for which a Type 20 Beer and Wine License or a Type 21 General Liquor License has been obtained from, or for which an application has been submitted to, the California Department of Beverage Control for permission to sell alcoholic beverages for off-site consumption shall be regulated as an alcoholic beverage outlet subject to this section.

Alcoholic beverage outlets are permitted as a limited use in the zones indicated with
an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to
the regulations in Section 141.0502(b). Proposals for alcoholic beverage outlets that
do not comply with the regulations in Section 141.0502(b) may be permitted with a
Conditional Use Permit decided in accordance with Process Three subject to the
regulations in Section 141.0502(c).

(a) Exemptions. The following alcoholic beverage outlets and areas are exempt
from the provisions of this section:

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(1) Hotels, motels, or any other lodging establishments where the area
devoted to the sale of alcoholic beverages for off-site consumption
does not exceed 10 percent of the gross floor area of the entire
premises;

(2) Establishments of more than 15,000 square feet of gross floor area,
provided the area devoted to alcohol sales does not exceed 10 percent
of the gross floor area of the entire premises;

(3) Alcoholic beverage establishments within the Gaslamp Quarter
Planned District and the Centre City Planned District; and

(4) Alcoholic beverage outlets that were in existence on December 20,
1995, if the outlet retains the same type of retail liquor license within a
license classification and is in continuous operation without substantial
change in the mode or character of operation.

(A) For the purposes of Section 141.0502(a)(4), a break in “continuous operation” does not include the suspension of business due to extraordinary circumstances beyond the control of the licensee or a closure for more than 180 calendar days during the diligent pursuit of building repairs or remodeling of the premises undertaken under the authority of a valid Building Permit.

(B) For the purposes of Section 141.0502(a)(4), “substantial
change in mode or character of operation” includes any of the
following:

(i) Closure, abandonment, discontinuance, or suspension
of the outlet for more than 180 consecutive calendar
days during which the premises are not continually
maintained and secured;

(ii) Alteration of the premises that would result in an
increase of more than 10 percent of the existing gross
floor area of all structures on the premises;

(iii) Revocation or suspension of the license issued by the
State of California Department of Alcoholic Beverage
Control (ABC) for a period of more than 30 calendar
days for any reason; or

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(iv) Conviction of the owner, operator, or the ABC licensee
for violations of California Health and Safety Code
Sections 11350, 11351, 11352, 11550 and 11364.7 when the
conviction relates to the premises or the operation of the
establishment.

(b) Limited Use Regulations. Alcoholic beverage outlets are permitted as a
limited use subject to the following regulations.

(1) Alcoholic beverage outlets are not permitted in any of the following
locations:

(A) Within a census tract, or within 600 feet of a census tract,
where the general crime rate exceeds the citywide average
general crime rate by more than 20 percent;

(B) Within a census tract, or within 600 feet of a census tract, where the ratio of alcohol beverage outlets exceeds the standards established by California Business and Professional Code section 23958.4;

(C) In an adopted Redevelopment Project Area;

(D) Within 600 feet of a public or private accredited school, a
public park, a playground or recreational area, a church, a
hospital, or a San Diego County welfare district office; and

(E) Within 100 feet of a residentially zoned property.

(2) For the purposes of Section 141.0502(b)(1), the separation distance
shall be measured from property line to property line in accordance
with Section 113.0225. A separation distance less than that required
in Section 141.0502(b)(1) may be approved by the City Manager due
to the existence of natural or built barriers such as topography,
freeways, flood control channels, rivers, or similar divisive features if
no direct access is available within the measurement area.

(3) Pool or billiard tables, foosball or pinball games, arcade style video
and electronic games, or coin-operated amusement devices are not
permitted on the premises with an alcoholic beverage outlet.

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(4) Exterior public pay phones that permit incoming calls are not
permitted on the premises, adjacent public sidewalks, or areas under
the control of the owner or operator.

(5) The owner or operator shall provide illumination, at a minimum level of 0.4 foot candles per square foot, on the exterior of the alcoholic beverage outlet, including adjacent public sidewalks and areas under the control of the owner or operator. The illumination shall be in operation during all hours of darkness while the outlet is open for business so that persons standing on or near the premises at night are identifiable by law enforcement personnel. The required illumination shall be shielded and directed so that it does not shine on adjacent properties.

(6) The sign area pertaining to or referencing alcoholic sales or beverages
shall not exceed 630 square inches.

(7) A maximum of 33 percent of the square footage of the windows and
doors of the premises may bear advertising or signs of any sort, and all
advertising and signs shall be placed and maintained in a manner that
ensures that law enforcement personnel have a clear and unobstructed
view of the interior of the outlet.

(8) The owner or operator of the alcoholic beverage outlet shall post a
prominent, permanent sign or signs stating, “No loitering,
consumption of alcoholic beverages, or open alcoholic beverage
containers are allowed inside the premises, in the parking area, or on
the public sidewalks adjacent to the premises.”

(9) The owner or operator shall list a business address and telephone
number in the Pacific Bell/San Diego telephone directory or other
similarly distributed directory.

(10) The owner or operator shall provide trash receptacles, conveniently
located for use by patrons, inside and outside the alcoholic beverage
outlet, including adjacent public sidewalks and areas under the control
of the owner or operator. At least one 13-gallon trash receptacle shall
be located inside the premises. At least one 32-gallon trash receptacle
shall be located outside the alcoholic beverage outlet, and at least one
additional 32-gallon trash receptacle shall be located in the parking
areas under the control of the owner or operator.

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

(11) The owner or operator shall maintain the premises, adjacent public sidewalks, and areas under the control of the owner or operator, free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris. The owner or operator shall eliminate graffiti within 48 hours of application.

(12) Off-street parking shall be provided in accordance with the
requirements for retail sales uses in Table 142.05E.

(c) Conditional Use Permit Regulations. Proposed alcoholic beverage outlets that
do not comply with the regulations in Section 141.0502(b) may be permitted
with a Conditional Use Permit decided in accordance with Process Three
subject to the following regulations.

(1) The San Diego Police Department shall provide the City Manager with
a recommendation on the proposed use and location of the alcoholic
beverage outlet. The City Manager will provide the applicant with a
copy the Police Department recommendation at least 7 calendar days
before the date of the public hearing. The decision maker will review
and consider the Police Department recommendation before making a
decision on the application.

(2) The decision maker may request that the State of California
Department of Alcoholic Beverage Control impose restrictions on any
alcohol sales license to be issued or renewed by the state. The
decision maker’s request shall be based on an evaluation of conditions
in the area of the proposed alcoholic beverage outlet, including the
concentration of alcoholic beverage outlets, high crime rates, or any
other conditions in the area that would be aggravated by the sale of
alcoholic beverages.

(3) Off-street parking shall be provided in accordance with the
requirements for retail sales uses in Table 142.05E.

(4) Conditions addressing the following issues may be imposed by the
decision maker:

(A) Entertainment uses or activities or amusement devices on the
premises;

(B) Separation, monitoring, or design of the area devoted to
alcoholic beverage sales;

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(C) Hours of operation;

(D) Security measures; and

(E) Lighting, litter, graffiti or nuisance abatement, or any other
special requirements for the premises.

(5) The owner or operator shall post a copy of the Conditional Use Permit
conditions in the licensed premises in a place where they may be
readily viewed by any member of the general public or any member of
a government agency.

(6) The Conditional Use Permit shall include a date on which the permit
will expire and become void. This date shall not be less than 10 years
from the approval date of the Conditional Use Permit.

(7) An applicant may request that the expiration date be extended in
accordance with the following provisions.

(A) An application for an extension shall be filed before the
expiration of the approved Conditional Use Permit.

(B) An application for an extension shall be considered in
accordance with Process Two if there is no record in the City
of San Diego Police Department or other department or with
any other governmental agency of any violations of the State of
California Department of Alcoholic Beverage Control rules,
regulations, and orders or of any violation of city, county, state
or federal law, code, regulation or policy related to prostitution,
drug activity or other criminal activity on the premises.

(C) An application for an extension shall be considered in
accordance with Process Three if there is a record of violations
as described in Section 141.0502(c)(7)(B).

(D) Prior violations of any conditions contained in an approved
Conditional Use Permit shall constitute grounds for denying an
application for an extension.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 11-16-2012 by O-20216 N.S.; effective 12-16-2012.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

Farmers’ markets are outdoor establishments where farmers and other vendors sell produce and other goods directly to consumers and where vendors selling farm produce comprise at least 50 percent of the vendors. A farmers’ market may be either a weekly farmers market or a daily farmers market stand. Weekly farmers’ markets conducted on public property are not subject to this section. Farmers’ markets are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations.

(a) Weekly farmers’ markets on private property shall comply with the following:

(1) Written permission of the property owner to conduct the weekly
farmers’ market shall be available to City of San Diego staff and
officials upon request;

(2) A farmers’ market shall be limited to one event per week per location;

(3) No parking shall be required; however, any parking reserved for
handicapped access impacted by the farmers’ market shall be
temporarily relocated to a handicapped accessible location during the
hours of the farmers market;

(4) Access to all building entryways and all disabled access routes shall be
maintained; and

(5) One restroom per 250 persons shall be available.

(b) Daily farmers’ market stands shall comply with the following:

(1) Daily farmers’ market stands may operate seven days per week at a
given location;

(2) Outdoor display areas shall comply with Section 142.1130 (Outdoor
Display Regulations for Commercial Zones);

(3) No parking shall be required;

(4) Sales shall be limited to the sale of unprocessed, non-value added
crops;

(5) A daily farmers’ market stand shall occupy an area no greater than five
feet in depth and sixteen feet in length per commercial frontage; and

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(6) No required parking shall be displaced.

(c) Daily farmers’ market stands on private property shall obtain written permission of the property owner to conduct the daily farmers’ market and shall make such written permission available to City of San Diego staff and officials upon request, in addition to the requirements of Section 141.0503(b)(1) through 141.0503(b)(6).

(d) Daily farmers’ market stands located in the public right-of-way, between the
curb and fronting property line, shall comply with the following in addition to
the requirements of Section 141.0503(b)(1) through 141.0503(b)(6):

(1) Written permission of the fronting property owner to conduct the daily
farmers’ market shall be available to City of San Diego staff and
officials upon request;

(2) A Certificate of Insurance for a Public Liability Insurance Policy of at
least $500,000 in a form acceptable to the City Engineer and naming
the City as an additional insured shall be required to be maintained at
all times; and

(3) The location of the daily farmers’ market stand shall comply with the
following:

(A) A minimum 4-foot wide clear path of sidewalk shall be
maintained within the public right-of-way at all times;

(B) Access to adjacent uses shall be maintained at all times;

(C) The daily farmers’ market stand shall be located as close as
feasible to the fronting property; and

(D) The daily farmers’ market stand shall not be located parallel to
loading areas, transit stops, taxi zones, or areas designated for
pedestrian loading and unloading.

(“Plant Nurseries” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(“Farmers’ Markets” added 2-22-2012 by O-20141 N.S.; effective 3-23-2012.
Former Section “Plant Nurseries” renumbered to Section 141.0504.)

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

Cannabis outlets that are consistent with the requirements for retailer or dispensary license requirements in the California Business and Professions Code 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). No more than four cannabis outlets are permitted in each City Council District except that any permitted cannabis outlet that changes City Council District as a result of redistricting may remain at its originally permitted location for the duration of its permit, regardless of the number of permitted cannabis outlets within the new City Council District boundary, and subject to continued compliance with this section. Cannabis outlets are subject to the following regulations.

(a) Cannabis outlets shall maintain the following minimum separation:

(1) 1,000 feet from resource and population-based city parks, other
cannabis outlets, 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) Lighting shall be provided to illuminate the interior, facade, and the
immediate surrounding area of the cannabis outlet, including any accessory
uses, parking lots, and adjoining sidewalks. Lighting shall be hooded or
oriented to deflect light away from adjacent properties.

(c) Security shall be provided at the cannabis outlet which 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.

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

(d) Primary signs shall be posted on the outside of the cannabis outlet and shall
only contain the name of the business, which shall contain only alphabetic
characters, and shall be limited to two colors. Secondary signs advertising
cannabis, window signs and any display visible from the public right-of-way
are not permitted.

(e) The name and emergency contact phone number of the designated responsible
managing operator shall be posted in a location visible from outside the
cannabis outlet in character size at least two inches in height.

(f) The cannabis outlet shall operate only between the hours of 6:00 a.m. and
10:00 p.m., seven days a week.

(g) The use of vending machines which allow access to cannabis and cannabis
products except by a responsible person, as defined in San Diego Municipal
Code Section 42.1502, is prohibited. For purposes of this Section, a vending
machine is any device which allows access to cannabis and cannabis products
without a human intermediary.

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

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

(j) Deliveries shall be permitted as an accessory use only from cannabis outlets
with a valid Conditional Use Permit unless otherwise allowed pursuant to
state law.

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

(l) The cannabis outlet shall provide daily removal of trash, litter, and debris.
Graffiti shall be removed from the premises within 24 hours.

(m) Consultations by medical professionals shall not be a permitted accessory use at a cannabis outlet.

(n) A Conditional Use Permit for a cannabis outlet or medical marijuana
consumer cooperative as defined in O-20356 converting to a cannabis outlet,
may be amended in accordance with a Process Two decision as described in
Section 112.0503, subject to this Section 141.0504(n).

(1) The separation requirements in Section 141.0504(a) shall not be
considered in making the findings required for amendments processed
in accordance with Section 141.0504(n).

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

(2) A change in zoning or change in Council District as a result of
redistricting 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 141.0504(n).

(3) The cannabis outlet or medical marijuana consumer cooperative shall
be subject to Section 141.0504(a) if expanded beyond the premises
identified in the current Conditional Use Permit.

(4) A Conditional Use Permit for a cannabis outlet or medical marijuana
consumer cooperative 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. 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. This automatic extension does not apply to development permit applications that are closed in accordance with Section 126.0115. (“Marijuana Outlets” added 2-22-2017 by O-20793 N.S.; effective 4-12-2017. Former Section 141.0504 “Plant Nurseries” renumbered to Section 141.0505.) (Retitled from “Marijuana Outlets” to “Cannabis Outlets” 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.) (Amended 12-14-2022 by O-21591 N.S.; effective 2-2-2023.) (Amended 7-18-2025 by O-21985 N.S.; effective 8-17-2025.)

[Editors Note: Amendments as adopted by O-21985 N.S. will not apply within the
Coastal Overlay Zone until the California Coastal Commission certifies it as a Local
Coastal Program Amendment.
Click the link to view the Strikeout Ordinance highlighting changes to prior language
http://docs.sandiego.gov/municode_strikeout_ord/O-21985-SO.pdf]

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

For the purpose of Section 141.0504, plant nurseries are commercial establishments where plants are cultivated and grown for transplant, distribution, and sale that have a sales transaction area greater than 300 square feet. Plant nurseries are permitted in the zones indicated with a “P” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones). Plant nurseries 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 location, number, and intensity of other nonagricultural establishments
located in the vicinity will be evaluated to determine the appropriate size and
intensity of the proposed establishment.

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

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

(d) Section 141.0505 shall not apply to the sale of plants from a garden center or
other retail store, which is permitted in zones that allow the sale of consumer
goods.
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
(Renumbered from former Section 141.0503, on 2-22-2012 by O-20141 N.S.; effective
3-23-2012.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Renumbered from former Section 141.0504 on 2-22-2017 by O-20793 N.S.; effective
4-12-2017.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

Retail farms are establishments whose primary function is to produce and sell food and other related products on the same premises. Retail farms are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1(Base Zones) subject to the following regulations:

(a) The maximum area inclusive of retail and farming areas shall not exceed 4
acres;

(b) The use of pesticides is limited to those permitted by the U. S. Department of
Agriculture’s National Organic Program;

(c) A minimum of seventy-five percent of the products sold must be grown or
generated onsite;

(d) The hours of operation for the farm component shall be limited to the hours
between sunrise and sunset as set forth by the National Oceanic and
Atmosphere Administration for the San Diego area;

(e) All equipment shall be stored on the premises;

(f) All storage, service, and repair areas shall be enclosed, secured and located
outside of all required setbacks; and

(g) Parking shall comply with Chapter 14, Division 2, Article 5 (Parking
Regulations).

(1) The retail component shall comply with the parking ratios for Retail
Sales, Commercial Services, and Mixed use Development;

(2) The farm component shall provide one parking space per employee
working the farm during the largest shift; and

(3) For a “pick your own” retail operation, the retail parking ratio shall
assume 1,000 square feet of retail space per acre of land farm.

(“Retail Farms” added 2-22-2012 by O-20141 N.S.; effective 3-23-2012.)
(Renumbered from former Section 141.0505 on 2-22-2017 by O-20793 N.S.; effective
4-12-2017.)

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

Swap meets and other large outdoor retail facilities 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) Swap meets and other large outdoor retail facilities are not permitted in
agricultural zones Proposition A Lands or within floodplains located in
agriculturally zoned areas of the Coastal Overlay Zone..

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

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

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

(e) A litter control plan shall be implemented to keep the facility and adjacent
property litter-free.

(f) All storage, service, and repair areas shall be located on the site and screened
so that they are not visible from public rights-of-way or from nearby
residential development.
(Renumbered from former Section 141.0504, on 2-22-2012 by O-20141 N.S.; effective
3-23-2012.)
(Renumbered from former Section 141.0506 on 2-22-2017 by O-20793 N.S.; effective
4-12-2017.)

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San Diego Municipal Code Chapter 14: General Regulations (8-2025)

Retail tasting stores are branch locations of an affiliated licensed beer manufacturer, which sell or deliver alcoholic beverages produced by that manufacturer. Consumption of the applicable beverage may be on or off the premises of the retail tasting store. Retail tasting stores are establishments with Duplicate Type 1 Beer Manufacturer Licenses or a Duplicate Type 23 Small Beer Manufacturer Licenses issued by the California Department of Alcoholic Beverage Control. This Section does not apply to tasting rooms located on the premises of a licensed beer manufacturer. No beer manufacturing shall occur on the premises of the retail tasting store.

Retail tasting stores are permitted as a limited use in the zones indicated with a “L” in
the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the
following:

(a) Off-street parking shall be provided in accordance with Section 142.0530
Table 142-05E (Parking Ratios for Retail Sales, Commercial Services, and
Mixed-Use Development); and

(b) Retail tasting stores shall not operate between 12:00 midnight and 6:00 a.m. in
CN zones or on premises abutting residentially zoned property.
(“Retail Tasting Stores” added 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Renumbered from former Section 141.0507 on 2-22-2017 by O-20793 N.S.; effective
4-12-2017.)

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San Diego Municipal Code Chapter 14: General Regulations (3-2026)

Article 1: Separately Regulated Use Regulations