Chapter 14 — General Regulations›Article 1 — Separately Regulated Use Regulations
San Diego Municipal Code Div. 6 Commercial Services Use Category--Separately Regulated Uses
San Diego Municipal Code · 2026-10 edition · updated 2026-10-18 · San Diego
Cite as: San Diego Municipal Code Division 6 · Text as of 2026-10-18
§141.0601 Adult Entertainment Businesses¶
(a) This section regulates the following adult entertainment businesses.
(1) Adult body painting studios: Any business that provides the service of
applying paint or other substance, whether transparent or
nontransparent, to or on a human body whether the body is wholly or
partially nude in terms of specified anatomical areas.
(2) Adult stores: Any business that devotes more than 15 percent of the
total display, shelf, rack, table, stand, or floor used for the display of
merchandise for sale or rent to the display of books, magazines,
periodicals or other printed matter, photographs, films, motion
pictures, video cassettes, slides, tapes, records, DVDs, CD-Rom, or
other forms of visual or audio representations that are characterized by
an emphasis upon depicting or describing specified sexual activities or
specified anatomical areas or instruments, devices, or paraphernalia
that are designed for use in connection with specified sexual activities.
(3) Adult cabarets: Any nightclub, bar, restaurant, or similar business that
features live performances or features films, motion pictures, video
cassettes, slides, or other photographic reproductions that are
distinguished or characterized by an emphasis on depicting or
describing specified sexual activities or by exposure of specified
anatomical areas on more than 7 calendar days within any 56-
consecutive-day period.
(4) Adult out-door theaters: Any premises and appurtenant facilities that
are primarily used for the presentation of motion pictures, films,
theatrical productions, or other forms of visual productions to persons
in motor vehicles or on outdoor seats, where the material being
presented is distinguished or characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities or
specified anatomical areas for observation by patrons on more than 7
calendar days within any 56-consecutive-day period.
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(5) Adult massage businesses: Any premise and appurtenant facilities that are primarily used for massage, alcohol rub, fomentation, body scrub, body shampoo, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of California. Adult entertainment businesses do not include massage businesses that provide only specialized massage services that are operated in accordance with Section 141.0613.
(6) Adult mini-motion picture theaters: Any business with a seating
capacity of more than 5 but less than 50 persons where films, motion
pictures, video cassettes, slides, or similar photographic reproductions
are regularly shown and where the material shown is distinguished or
characterized by an emphasis upon depicting or describing specified
sexual activities or specified anatomical areas for observation by
patrons on more than 7 calendar days within any 56-consecutive-day
period.
(7) Adult model studios: Any business open to the public where figure
models who display specified anatomical areas are provided to be
observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by persons other than the proprietor and who pay a
consideration or gratuity. Adult model studios do not include any
school of art that is operated by an individual, firm, association,
partnership, corporation, or institution that is authorized under the
California Education Code to issue or confer a diploma.
(8) Adult motels: Any motel or similar business offering public
accommodations that provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions on more than 7 calendar days within any
56-consecutive-day period where the material is distinguished or
characterized by an emphasis upon depicting or describing specified
sexual activities or specified anatomical areas for observation by
patrons.
(9) Adult motion picture theaters: Any business with a seating capacity of
50 or more persons where motion pictures, video cassettes, slides, or
similar photographic reproductions are shown on more than 7 calendar
days within any 56-consecutive-day period and where the material is
distinguished or characterized by an emphasis upon depicting or
describing specified sexual activities or specified anatomical areas for
observation by patrons.
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(10) Adult peep show businesses: Any place to which the public is
permitted or invited where devices that display still or moving images
are maintained in a peep booth, as defined in Municipal Code Section
33.3302, where the images are available for observation for more than
7 calendar days within any 56-consecutive-day period are
distinguished or characterized by an emphasis on depicting or
describing specified sexual activities or specified anatomical areas.
(11) Adult sexual encounter businesses: Any business, other than a hotel,
motel, or similar business offering public accommodations that
provides a place where two or more persons may congregate,
associate, or consort in connection with specified sexual activities or
the exposure of specified anatomical areas. Adult sexual encounter
businesses do not include businesses where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed by
the State of California engages in sexual therapy.
(12) Adult theaters: Any theater, concert hall, auditorium, or similar
business either indoor or outdoor, that regularly features live
performances that are distinguished or characterized by an emphasis
on specified sexual activities or exposure of specified anatomical
areas for observation by patrons on more than 7 calendar days within
any 56-consecutive-day period.
(b) Adult entertainment businesses 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.
(1) Adult entertainment businesses shall not be established or enlarged if
the structure housing the business would be located within 1,000 feet
of any of the following:
(A) Another structure housing an adult entertainment business;
(B) The property line of a residentially zoned property; or
(C) The property line of a church, a school, a public park, or a
social service institution.
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(2) The public health, safety, and welfare shall be preserved and protected
by applying the provisions of this section in the following descending
order of importance:
(A) Proximity to other adult entertainment businesses;
(B) Proximity to schools;
(C) Proximity to churches;
(D) Proximity to public parks;
(E) Proximity to residential zones; and
(F) Proximity to social service institutions.
(Amended 2-22-2000 by O-18749 N.S.; effective outside of the Coastal Overlay Zone
on 2-22-2000; effective within the Coastal Overlay Zone on 5-8-2001; amended
11-20-2000 by O-18890 N.S.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
§141.0602 Assembly and Entertainment Uses, Including Places of Religious Assembly¶
This use category applies to facilities designed to accommodate at least 25 people at a time for recreation, physical fitness, entertainment, or other assembly, including places of religious assembly. Assembly and entertainment uses are permitted as a limited use in accordance with Process One in zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and are subject to the regulations in Sections 141.0602(a) and (b). Assembly and entertainment uses may be permitted with a Conditional Use Permit decided in accordance with Process Three in zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) and are subject to the regulations in Sections 141.0602(a) and (c).
(a) General Regulations
(1) Assembly and entertainment uses are not permitted:
(A) Within the MHPA; and
(B) Within floodplains located in the Coastal Overlay Zone.
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(2) Assembly and entertainment uses shall provide off-street parking
according to Table 142-05G. Within transit priority areas, parking
may be reduced below the minimum required for residential
development. The reduction in parking allowed shall be limited to the
footprint of the residential structure and any required landscape or
open space for the residential development.
(3) Auditoriums that are an accessory use to professional office or
industrial development are not subject to Section 141.0602.
(b) Limited Use Regulations
(1) The facility shall be designed to accommodate a maximum of 300
people.
(2) Assembly and entertainment facilities adjacent to residentially zoned
property shall not operate between 10:00 p.m. and 6:00 a.m., except
that such facilities may operate until 11:00 p.m. on Fridays and
Saturdays. Places of religious assembly shall not be subject to the
limitations of Section 141.0602(b)(2).
(3) Deviations from Section 141.0602(b) may be permitted with a
Conditional Use Permit decided in accordance with Process Three.
(4) On a premises that is identified as Prime Industrial Land in a land use
plan, the following regulations apply:
(A) Auditoriums that are an accessory use to a professional office of an industrial development are permitted.
(B) Other assembly and entertainment uses are permitted as
accessory uses provided that:
(i) The use occurs outside of normal business or operating
hours and a majority of the uses shall not include
minor-oriented uses or activities;
(ii) The use consists of temporary, non-permanent special
events or activities; and
(iii) The space utilized shall not exceed 25 percent of the
gross floor area of the structure or structures in which
the ancillary use is located.
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(c) Conditional Use Regulations
The decision maker shall consider, and may impose conditions to address, the
following:
(1) Hours of operation shall be limited to minimize disturbance to
neighboring development from noise and lights.
(2) Structures shall be placed on the site so that larger or high-activity
buildings are away from adjacent property with smaller structures and
lower levels of activity.
(3) Off-street parking areas shall be located away from adjacent
residential property whenever feasible to minimize disturbance to
neighboring development.
(4) The maximum capacity, including limits on the intensity of accessory
uses, shall be limited to a level commensurate with the size of the
premises, the intensity of surrounding development, and the capacity
of streets serving the facility.
(5) Structures shall be designed to incorporate a variety of architectural
elements that diminish bulk.
(“Assembly and Entertainment Uses, Including Places of Religious Assembly” added
5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Amended 1-8-2020 by O-21161 N.S. and O-21164 N.S.; effective 2-9-2020.)
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0604 Boarding Kennels/Pet Day Care Facilities¶
Boarding kennels and pet day care facilities for the boarding, training and care of household pets 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 Section 141.0604(a) and (b). Boarding kennels and pet day care facilities 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 Section 141.0604 (a) and (c).
(a) General Rules
(1) Boarding kennels and pet day care facilities shall be operated and
maintained in accordance with the health and sanitation regulations for
health regulated businesses in Chapter 4, Article 2, Division 7
(Animals and Poultry).
(2) Boarding kennels and pet day care facilities shall be maintained in a
sanitary condition to minimize the impacts of odors on surrounding
development.
(3) Off-street parking spaces shall be provided at a rate of 2.5 spaces for
every 1, 000 square feet of floor area.
(b) Limited Use Regulations
(1) All boarding, training, and pet care activities shall be conducted within
an enclosed building. Exterior boarding, training, and exercise
facilities are not permitted as a limited use.
(2) Kennels and associated structures shall not be located any closer than
50 feet to any property line, unless the structures are sound-proofed.
(3) Deviations from Section 141.0604 may be permitted with a
Neighborhood Use Permit decided in accordance with Process Two,
with the exception of outdoor facilities in CN zones which are not
permitted.
(c) Neighborhood Use Permit Regulations
(1) Noise emanating from the facility shall be kept at minimum levels
through the following methods:
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(A) Limitations on the number of animals permitted in exterior areas at any one time; (B) Limitations on the hours that animals are permitted in exterior areas; (C) Locating exterior boarding and exercise areas on those portions of the site where noise impacts on surrounding development will be minimized; (D) The use of walls or fences to minimize noise impacts to surrounding development; and (E) Sound-proofing of interior kennel areas. (2) Exterior boarding, training, and exercise facilities shall be screened from adjacent development by a 6-foot solid fence or wall. (“Boarding Kennels” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Retitled to “Boarding Kennels/Pet Day Care Facilities” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (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.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0605 Camping Parks¶
Camping parks 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) Fill or permanent buildings associated with the development of camping parks
are not permitted in floodplains or in agricultural zones in Proposition A
Lands or in agriculturally zoned areas of the Coastal Overlay Zone..
(b) Access to the site shall be as direct as possible from freeways and shall avoid
residential streets.
(c) Pedestrian walkways shall be provided to link camping lots with service
buildings, the park entrance, and any recreational facilities within the park.
(d) Off-street parking shall be provided as follows:
(1) 1 space for each camping site;
(2) 1 space for each full-time employee; and
(3) 1 space for each 25 camping sites, to be located near the registration
office.
(e) All storage, service, and repair areas shall be located on the site so that they
are not visible, or shall be screened so they are not visible from, adjacent
development and public rights-of-way.
(f) Recreational vehicles, trailers, and tents shall not be located closer than 15
feet to any abutting property.
(g) Trash enclosures shall be provided for each four camping sites.
(h) Maximum occupancy periods shall be as follows:
(1) For tents and trailers without utilities hook-up capacity: 1 month in
any 12-month period; or
(2) For trailers or recreational vehicles with utilities hook-up capacity: 6
months in any 12-month period.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
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§141.0606 Child Care Facilities¶
(a) This section regulates the following child care facilities:
(1) Family child care homes: Any child care facility licensed by the State
of California to provide regular care, protection and supervision of
children in the child care provider’s home, for periods of less than 24
hours per day, while the parents or authorized representatives are
away.
(2) Child care centers: Any child care facility, other than a small or large
family child care home, that is licensed by the State of California to
provide child care: child care centers may be infant centers,
preschools, or school-age, extended day care facilities.
(b) Family Child Care Homes
Large and small family child care homes are 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.
(1) Large Family Child Care Homes
(A) A large family child care home may provide care for up to 12
children (no more than 4 of whom may be infants), or for up to
14 children as stated in Section 141.0606(b)(1)(B). Maximum
capacity shall not exceed the capacity specified on the
provider’s license and shall include children under the age of
10 who reside at the licensee’s home and the assistant
provider’s children under the age of 10.
(B) A large family child care home may provide care for a total of
13 or 14 children in accordance with Health and Safety Code
Section 1597.465.¶
(C) The large family child care home provider shall comply with all state licensing requirements for large family child care homes.
(D) The large family child care home provider shall comply with
standards adopted by the State Fire Marshal pursuant to
California Health and Safety Code relating to large family
child care homes.
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(2) Small Family Child Care Homes
(A) A small family child care home may provide care for up to 6
children (including 4 infants total or up to 3 infants where
cared for in combination with other children), or for up to 8
children as stated in Section 141.0606(b)(2)(B). Maximum
capacity shall not exceed the capacity specified on the
provider’s license and shall include children under the age of
10 who reside at the licensee’s home.
(B) A small family child care home may provide care for a total of
7 or 8 children in accordance with Health and Safety Code
Section 1597.44.¶
(C) The child care provider shall comply with all state licensing requirements for small family child care homes.
(c) Child Care Centers
Child care centers are permitted as a limited use in the zones indicated with an
“L” and 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.
(1) Child care centers are not permitted within 1,000 feet of any known
business that:
(A) Has or is required to have a permit from the County of San
Diego Hazardous Materials Division, excluding underground
fuel storage tanks, and handles regulated substances above the
Threshold Quantity as listed in the California Code of
Regulations, Title 19 Section 2770.5;
(B) Handles compressed flammable gases in excess of 1,500
pounds; or
(C) Handles flammable liquids in excess of 10,000 gallons.
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(2) The 1,000-foot separation distance shall be measured from the
property line of the proposed child care facility to the use, storage, or
handling areas for the regulated substances. Businesses may satisfy
the separation requirements on-site. The child care center operator has
the burden of proof of demonstrating compliance with the separation
requirement.
(3) Before beginning operation, the child care center operator shall obtain
and shall maintain on file on the premises a “Hazardous Materials
Substance Approval Form” executed by the County of San Diego
Hazardous Materials Division.
(4) Deviations from the hazardous materials separation requirements may
be permitted with a Conditional Use Permit decided in accordance
with Process Three. Issuance of the permit will be based in part on a
“Health Risk Assessment Study” to be submitted by the applicant.
(5) Drop-off and pick-up of children from vehicles shall be permitted only on the driveways, in approved parking areas, or in the street directly in front of the facility.
(6) All outdoor play and activity areas shall be enclosed with a fence that
is at least 4 feet and no more than 6 feet in height. If an outdoor play
or activity area is located adjacent to a public street with a
right-of-way width of 64 feet or more, the fence shall be solid.
(7) All outdoor play and activity areas shall be separated from vehicular
circulation, parking areas, equipment enclosures, storage areas, and
refuse and recycling storage areas.
(8) Child care centers shall be designed to attenuate significant outside
noise sources. Surrounding uses shall also be protected from noise
emanating from child care centers. The following measures are
required to accomplish noise attenuation.
(A) A solid fence that is at least 4 feet and no more than 6 feet in
height shall be constructed between the child care center and
abutting residential uses, or all windows facing abutting
residential uses shall be double-glazed with 1/4-inch thick
glass.
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(B) A solid fence that is at least 4 feet and no more than 6 feet in
height shall be constructed between the child care center and a
public right-of-way of 64 feet or more wide, or all windows
facing a public right-of-way of 64 feet or more wide shall be
double-glazed with 1/4-inch thick glass.
(9) Child care centers proposed to be located on public or private school
sites are permitted as follows:
(A) Child care centers proposed as an accessory use on the
premises of a school are exempt from the provisions of this
section. The child care center may be either school-operated or
privately operated.
(B) Child care centers proposed for location on private school
premises in a zone where schools are a permitted use, are
permitted as a limited use subject to the regulations of Section
141.0606(c).
(C) Child care centers proposed for location on private school premises in a zone where schools are required to obtain a Conditional Use Permit shall also be required to obtain a Conditional Use Permit subject to the regulations in Section 141.0606(c).
(10) Within the Coastal Overlay Zone, a child care center shall be
permitted only on previously-developed sites that are not developed
with open space or agricultural uses as identified in Section 131.0112.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006.)
(Amended 11-13-08 by O-19799 N.S; effective 12-13-2008.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
[Editors Note: Amendments as adopted by O-21836 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-21836-SO.pdf ]
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§141.0607 Eating and Drinking Establishments with Drive-in or Drive-through Service¶
Eating and drinking establishments that offer drive-in or drive-through service are permitted in zones indicated with a “P” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones). Eating and drinking establishments that offer drive-in or drive-through service may be permitted with a Conditional Use Permit decided in accordance with Process Three in zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the regulations in this Section. The Conditional Use Permit decision maker shall consider whether the proposed use minimizes adverse impacts on adjacent properties and surrounding neighborhoods. The decision maker may impose conditions in the Conditional Use Permit in addition to requiring compliance with the following:
(a) A pedestrian and vehicular circulation plan shall be provided to ensure public
safety.
(b) Space for vehicle queuing for the drive-in or drive-through service shall be
provided as follows:
(1) Queue space for a minimum of five cars shall be provided for each
drive-up service window or position, as measured from the food and
beverage pick-up window or position. The queue space for each car
shall be 10 feet wide and 20 feet long, in accordance with Section
142.0560(i).
(2) In addition to the queuing space required under Section
141.0607(b)(1), a minimum of 40 feet in additional space shall be
provided on the premises from the order station to provide additional
queuing space for two cars prior to the order station.
(3) Required queue spaces shall not obstruct access to parking aisles or
parking spaces.
(c) Hours of operation shall be limited as appropriate for the location.
(d) Noise reduction techniques shall be incorporated, including measures to
ensure that speaker systems are not audible beyond the property line.
(e) A lighting control plan shall be provided to minimize potential off-site
impacts.
(f) A litter control plan to keep the premises free of litter and to prevent litter
attributable to the establishment from occurring on adjacent properties shall
be provided.
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(g) The operator of the establishment shall take reasonable steps to prevent loitering on the premises, in parking lots serving the premises, and on public sidewalks adjacent to the premises. (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015. Former Section 141.0607 repealed and replaced.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)
§141.0608 Fairgrounds¶
Fairgrounds 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) Fairgrounds are not permitted in agricultural zones Proposition A Lands. Fill
or permanent buildings are not permitted in floodplains located in
agriculturally zoned areas of the Coastal Overlay Zone.
(b) The design of the structures shall incorporate a variety of architectural
elements that help to diminish building bulk.
(c) 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.
(d) Access to the facility shall be as direct as possible from freeways and primary
arterials and shall avoid residential streets.
(e) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property.
(f) 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.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
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§141.0609 Golf Courses, Driving Ranges, and Pitch and Putt Courses¶
Golf courses, driving ranges, and pitch and putt courses 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) Golf courses, driving ranges, and pitch and putt courses are not permitted
within the MHPA.
(b) Club houses containing the following accessory uses may be permitted, but
shall be available only to the users of the golf facility and shall be restricted
by the size of the premises and the potential impacts on surrounding
development:
(1) Restaurants and bars;
(2) Pro shops;
(3) Meeting rooms; and
(4) Locker rooms.
(c) Off-street parking shall be provided as follows:
Regulation course: 10 spaces per hole
Short course/Par 3: 6 spaces per hole
Pitch and putt course: 3 spaces per hole
Driving range: 1 space per tee
Snack bar: 12 spaces
Proshop: 5 spaces
(d) Fairways and greens shall be designed with buffer areas that provide
protection to surrounding development from golf balls.
(e) A gradual physical and visual transition shall be provided between the
fairways and greens and any adjacent areas with natural vegetation.
(f) All maintenance facilities shall be located on the premises in a manner that
minimizes visual impacts on surrounding development.
(g) All runoff due to irrigation shall be managed in a manner that protects the
water table from fertilizer and insecticide pollutants.
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(h) A water reclamation plan is required before approval of the permit.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
§141.0610 Helicopter Landing Facilities¶
Helicopter landing 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) Helicopter landing facilities are not permitted in floodplains located in the
Coastal Overlay Zone.
(b) Helicopter facilities in urban areas shall be located within 1/2 mile of
freeways or primary arterials. Access to both private and public transportation
should be provided.
(c) Helicopter facilities shall be located to ensure that the approach and departure
paths are over terrain that affords emergency landing areas such as open
parks, golf courses, industrial areas, highways, freeways, and open land.
(d) Approach and departure paths over residential development, schools,
playgrounds, assembly areas, or highly populated areas shall be avoided.
(e) There shall be a reasonable distance between the helicopter facility and
residential areas, educational facilities, or public assembly uses. A 750-foot
distance, measured from property line to property line in accordance with
Section 113.0225, shall be used as a standard distance.
(f) The site shall be served by streets that are adequate in width and pavement
type for the quantity and level of traffic generated by the helicopter facility.
Paths for pedestrian use shall be provided.
(g) Additional screening, beyond the required fencing, may be required to
minimize visual impacts. All auxiliary facilities shall be screened. Outdoor
storage of equipment or parts is not permitted.
(h) A telephone shall be provided adjacent to the helicopter facility.
(i) The site shall be served by a fire station, or fire prevention service, within
reasonable proximity.
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(j) Helicopter facilities shall, whenever possible, serve more than one user. This
should include availability for emergency use.
(k) Helicopter facilities shall comply with Municipal Code Chapter 6, Article 8,
Division 2 (San Diego Helicopter Rules and Regulations).
(l) Helicopter facilities may be limited in frequency of trips and hours of operation if the operations would be disruptive to adjacent properties.
(m) The sound generated by any helicopter shall not exceed the “A” weighted
maximum sound level provided in Table 141-06A on the boundary or beyond
the boundary of the property on which the facility is located. The sound
subject to these limits is that part of the total sound at the property boundary
that is due solely to the operation of the helicopter. The sound level limit at a
location on a boundary between two land uses shall be the lower of the two
sound levels specified.
Table 141-06A
Sound Level Limits for Helicopter Landing Facilities
| Land Use | Time | A -Weighted MaximumSound Level |
|---|---|---|
| Residential Uses | 7:00 a.m.- 7:00 p.m. 7:00 p.m.-10:00 p.m. 10:00 p.m.- 7:00 a.m. | 75 70 65 |
| Commercial Uses | 7:00 a.m.- 7:00 p.m. 7:00 p.m.-10:00 p.m. 10:00 p.m.- 7:00 a.m. | 80 75 75 |
| Industrial Uses | 7:00 a.m.- 7:00 p.m. 7:00 p.m.-10:00 p.m. 10:00 p.m.- 7:00 a.m. | 90 90 90 |
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)
Ch. Art. Div. 14 1 6 18
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0612 Mobile Food Trucks¶
Mobile food trucks are temporarily parked, operable motorized vehicles that function as transportable retail food and beverage facilities that move daily. This use category includes mobile food trucks that provide sales to the general public of food and beverage (pre-packaged or prepared and served from the vehicle or an attached trailer) for consumption on or off of the premises. They are health regulated businesses subject to Chapter 4, Article 2, Division 1. This use category does not include pushcarts as described in Section 141.0619, farmers' markets as described in Section 141.0503, or off-site food and beverage delivery services.
(a) Zoning Regulations.
(1) In the zones indicated with a “P” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones), mobile food trucks are permitted
by right and are not required to obtain a permit or comply with Section
141.0612.
(2) In the zones indicated with an “L” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones), mobile food trucks are permitted
as a limited use, subject to Section 141.0612.
(b) General Regulations.
Mobile food truck operators shall comply with all of the following:
(1) maintenance of a valid business tax certificate from the City of San
Diego to operate within the City;
(2) maintenance of a valid County of San Diego Health permit and
operation in conformance with all applicable health standards;
(3) posting, in public view and without obstruction, on both the front right
windshield and the back left bumper of the mobile food truck, the
following items: the County of San Diego Health permit certification
stickers; and a notice with at least 3-inch font providing “To report a
violation, call City of San Diego Code Enforcement at 619-236-5500”;
(4) selling only food and beverage items regulated under the California
Retail Food Code (California Health and Safety Code Division 104,
Part 7, Section 113700 et. seq., as it currently exists or may be
amended);
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(5) no verbal solicitation of business from pedestrians or persons in vehicles, and no sale to persons in vehicles;
(6) no amplified sound or loudspeakers, and compliance with the noise
limits in section 59.5.0401;
(7) no lighting, except localized lighting that is used on or in the mobile
food trucks for the purpose of inside food preparation and menu
illumination;
(8) no signs other than those exhibited on or in the mobile food truck,
except for one temporary ground sign, located entirely on private
property, with a maximum display area of six square feet, in
compliance with Section 141.0612(b)(15) and (16);
(9) no selling or serving alcohol;
(10) provision of one trash receptacle and one recycling receptacle for use
by patrons and in a convenient location that does not impede
pedestrian or vehicular traffic;
(11) collection and removal of all litter or debris generated within a
minimum 25-foot radius of the food truck;
(12) containment of all associated equipment and operations within the
mobile food truck, except for the trash and recycling receptacles
required by Section 141.0612(b)(10);
(13) no furniture, except for a maximum of two standing tables and a shade
canopy with maximum dimensions of 10 feet by 10 feet, located
entirely on private property, generators, objects or structures outside
of the vehicle except for signs as allowed in Section 141.0612(b)(8);
(14) where located within 300 feet of a dwelling unit, operation only
between 6 a.m. and 10 p.m. Sunday through Thursday and between 6
a.m. and 11p.m. Friday and Saturday;
(15) no obstruction or interference with the free flow of pedestrian or
vehicular traffic, including but not limited to access to or from any
business, public building, or dwelling unit; and
Ch. Art. Div. 14 1 6 20
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(16) no restriction of visibility area sight distance at any driveway or
intersection.
(c) Mobile food trucks in the Public Right-of-Way.
Mobile food truck operators shall comply with all of the following:
(1) maintenance of liability insurance policy of at least $1,000,000 that
names the City as an additional insured;
(2) the mobile food truck shall be legally parked;
(3) mobile food trucks shall not operate in the public right-of-way within
500 feet from any kindergarten-twelfth grade school, between 7:00
a.m. and 4:00 p.m. on regular school days;
(4) mobile food trucks that constitute oversized vehicles, as defined in
section 81.010, shall comply with the distance requirements of section
86.0139. Mobile food trucks that do not constitute oversized vehicles
shall not be parked within 25 feet from a street intersection with a
crosswalk, traffic light, or stop sign, or within 25 feet from a bus stop
or trolley stop;
(5) mobile food trucks shall not occupy more than two on-street parking
spaces in the public right-of-way in commercial zones;
(6) mobile food truck operators shall organize customer queuing in a
manner that does not interfere with or obstruct the free passage of
pedestrians;
(7) mobile food truck operators shall limit food and beverage service to
that side of the mobile food truck facing away from the street;
(8) mobile food trucks shall not encroach onto a public sidewalk with any
part of the vehicle or any other equipment or furniture related to the
operation of the business, except for required trash and recycling
receptacles or any attached sign or awning. The operator shall provide
an 8-foot vertical clearance for pedestrian access under any sign or
awning;
(9) mobile food truck operators shall control smoke and odors caused by
food preparation to avoid a public nuisance;
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(10) mobile food trucks are not permitted in the public right-of-way within
the Parking Impact Overlay Zone as described in Section 132.0802;
and
(11) a mobile food truck shall not operate in the public right-of-way within 500 feet of a permitted Special Event on public property while such event is in progress unless the mobile food truck has either (i) written authorization from the Event Organizer or (ii) a Special Event Permit as defined in section 22.4003.
(d) Mobile Food Trucks on Private Property.
Property owners and permit holders shall comply with all of the following:
(1) obtain an approved mobile food truck permit in accordance with
Section 123.0602, unless exempted by Section 141.0612(f);
(2) ensure that a mobile food truck operator operates only at the location
designated on the permit;
(3) ensure that a mobile food truck operator displays a copy of the
approved mobile food truck permit in a prominent and visible place
within each mobile food truck, together with a letter of permission
from the permit holder consenting to mobile food truck operations on
the site in accordance with the approved permit;
(4) mobile food truck operations shall not occupy more than 25 percent of
the area of the premises; and
(5) mobile food trucks shall operate as follows:
(A) within a paved, level parking area, where it can be
demonstrated that any off-street parking spaces located in that
area are not otherwise reserved, encumbered, or designated to
satisfy the off-street parking requirement of a business or
activity that is operating at the same time as the mobile food
truck;
(B) a mobile food truck requires a minimum paved area of 35 feet
by 15 feet in dimension and at least 70 feet by 15 feet for
mobile food trucks greater than 27 feet in length; and
Ch. Art. Div. 14 1 6 22
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(C) operations shall not impede pedestrian or vehicular ingress or
egress through the remainder of the parking area or adjacent
public right-of-way.
(e) Neighborhood Use Permit.
A Process Two Neighborhood Use Permit may be requested in accordance
with Section 126.0203 to deviate from Section 141.0612 on private property.
(f) Exemptions from Mobile Food Truck Permits.
The following types of mobile food truck operations are exempt from the requirement to obtain a mobile food truck permit:
(1) operations in the zones indicated with a “P” in the Use Regulations
Tables in Chapter 13, Article 1 (Base Zones);
(2) operations on the property of a school, university, hospital, or religious
facility with the written consent of the property owner or authorized
school official;
(3) operations in RM zones where permitted as a limited use and with the
written consent of the property owner or authorized leasing office;
(4) private catering events that comply with the following requirements:
(i) the mobile food truck is parked entirely on private property;
(ii) service is limited to private guests of the catering host; and
(iii) payment occurs directly between the catering event host and
the mobile food truck operator. No payment transactions shall
occur for individual orders; and
(5) construction sites that comply with the following requirements:
(i) the site is actively under construction pursuant to a valid
building permit or grading permit; and
(ii) the mobile food truck does not vend to the general public
during the stop.
(“Mobile Food Trucks” added 4-3-2014 by O–20357 N.S.; effective 10-15-2014.)
(Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)
(Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0613 Massage Establishments, Specialized Practice¶
Specialized practice massage establishments are police regulated businesses subject to Chapter 3, Article 3, Division 35 and 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) Any sign advertising the establishment shall contain the full name of the
operator and may contain words that identify the specialized field of practice
in which the operator engages.
(b) The letters of any words identifying the operator’s specialized field of practice
shall not exceed one-half of the height of the capital letters in the name of the
operator, and the words shall be uniform in height.
(c) The phrase “massage parlor” or “massage establishment” shall not be used on
any sign or any other form of advertising unless preceded by words
identifying the specialized field of practice.
(d) The applicant shall submit scale drawings of all signs that will be displayed
on the premises to the City Manager to determine compliance with this
section.
(e) The application and business tax certificate for the establishment shall identify
the business as a “Massage Establishment, Specialized Practice, pursuant to
Municipal Code Section 141.0613.”
(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.)
Ch. Art. Div. 14 1 6 24
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0615 Nightclubs and Bars over 5,000 Square Feet in Size¶
Nightclubs and bars over 5,000 square feet in size 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) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property. Within the beach impact area
of the Parking Impact Overlay Zone, off-street parking shall be provided at a
ratio not less than one parking space for every 200 sq ft of gross floor area,
including any outdoor eating or drinking areas.
(b) Hours of operation shall be limited so that neighboring development is not
disturbed by noise and lights.
(c) A litter control plan shall be implemented to keep the facility and adjacent
property free of litter.
(d) All storage, service, and repair areas shall be located on the site so that they
are not visible from adjacent development and public rights-of-way.
(Renumbered from former Section 141.0614 on 3-25-2014 by O-20356 N.S.; effective
4-24-2014.)
§141.0616 Parking Facilities as a Primary Use¶
This section regulates temporary parking facilities and permanent parking facilities as the primary use on a premises.
(a) Temporary Parking Facilities as a Primary Use
Temporary parking facilities as a primary use may be permitted with a
Neighborhood Use Permit in the zones indicated with an “N,” or 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.
(1) The decision maker may grant exceptions to the provisions in Chapter
14, Article 2, Division 5 (Parking Regulations) regulating parking in
required yards, carpool parking, bicycle facilities, striping, surfacing,
driveways, wheel stops, and screening based on the potential impact of
the facility and the duration of the permit.
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(2) Requirements for improvements in the public right-of-way will be
based on the location of the proposed facility, existing improvements,
and the duration of the permit.
(3) The decision maker may require dust-control measures, drainage
improvements, fencing, or lighting as appropriate.
(4) Neighborhood Use Permits for temporary parking facilities expire no
later than 2 years from the date of issue.
(b) Permanent Parking Facilities as a Primary Use
Permanent parking facilities as a primary 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.
(1) If the parking facility includes parking structures, a variety of
architectural elements shall be incorporated to help diminish building
bulk and blank facades.
(2) Automobile access to the facility shall be at points of low pedestrian
activity and shall be located away from adjacent residential
development.
(3) Surface parking facilities shall be screened from adjacent residential development by fences or walls and landscaping.
(4) 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.
(5) Measures shall be taken to ensure that the water quality is not
adversely affected by runoff containing fuel and lubricants.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
Ch. Art. Div. 14 1 6 26
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0617 Private Clubs, Lodges, and Fraternal Organizations¶
Private clubs, lodges, and fraternal organizations are associations of persons, whether incorporated or unincorporated, for the promotion of some common social, cultural, educational, religious, or recreational objective. This use does not include churches or any group whose primary objective is a business customarily carried on for a profit.
Private clubs, lodges, and fraternal organizations 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) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property. Within the beach impact area
of the Parking Impact Overlay Zone, off-street parking shall be provided at a
ratio not less than one parking space for every 200 sq ft of gross floor area.
(b) All storage, service, and repair areas shall be located on the site so that they
are not visible from adjacent development and public rights-of-way.
(c) A litter control plan shall be required to keep the facility and adjacent
property free of litter.
(d) Hours of operation shall be limited so that neighboring development is not
disturbed by noise and lights.
(e) Private clubs, lodges, and fraternal organizations are not permitted on a
premises that is identified as Prime Industrial Land in a land use plan or
within floodplains located in the Coastal Overlay Zone.
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective
1-1-2000.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0618 Privately Operated, Outdoor Recreation Facilities over 40,000 Square Feet in¶
Size
Privately operated, outdoor recreational facilities over 40,000 square feet in size 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) Privately operated, outdoor recreational facilities are not permitted in
agricultural zones in Proposition A Lands or within floodplains located in
agriculturally zoned areas of the Coastal Overlay Zone.
(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) Hours of operation may be limited so that neighboring development is not
disturbed by noise and lights.
(f) A litter control plan shall be required to keep the facility and adjacent
property free of litter.
(g) 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.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
Ch. Art. Div. 14 1 6 28
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0619 Pushcarts on Private Property and Sidewalk Vendors¶
This Section regulates pushcarts on private property and Sidewalk Vendors. Pushcarts are moveable, wheeled, non-motorized vehicles used by vendors for the sale of food or beverage products, fresh-cut flowers, or live plants in pots. Pushcarts are a health-regulated business subject to Section 42.0102. For purposes of this section, Sidewalk Vendor has the same meaning as in San Diego Municipal Code Section 36.0102.
(a) Pushcarts on Private Property
Pushcarts are permitted on private property 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.
(1) Pushcarts are not permitted in required yards, required landscape
areas, or required parking areas.
(2) Pushcarts shall not exceed 4 feet in width, not including wheels; 8 feet
in length, including handles; and 6 feet in height, not including
canopies, umbrellas, and transparent enclosures.
(3) Pushcart operators shall not verbally solicit business from pedestrians
or persons in vehicles and shall not sell to persons in vehicles.
(4) The price of items sold shall be posted on the pushcart and shall be
clearly legible.
(b) Sidewalk Vendors
Sidewalk Vendors shall not interfere with public access to the shoreline, as
identified in land use plans that are part of the certified Local Coastal
Program.
(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.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
(Retitled from “Pushcarts” to “Pushcarts on Private Property” and amended
5-23-2022 by O-21458 N.S.; effective 6-22-2022.)
(Retitled from “Pushcarts on Private Property” to “Pushcarts on Private Property
and Sidewalk Vendors” and amended 12-14-2022 by O-21578 N.S; effective
1-13-2023.)
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
[Editors Note: Amendments as adopted by O-21578 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-21578-SO.pdf ]
§141.0620 Recycling Facilities¶
(a) This section regulates the following types of recycling facilities:
(1) Drop-off facilities: Drop-off facilities are bins, boxes, or other
suitable containers for the donation of recyclable or reusable material.
(2) Reverse vending machines: Reverse vending machines are automated
mechanical devices that accept empty beverage containers and issue a
cash refund or redeemable credit slip with a value that is equal to or
greater than the container’s redemption value as determined by the
State of California.
(3) Small collection facilities and large collection facilities: Collection
facilities are centers for accepting recyclable materials by donation,
redemption, or purchase.
(4) Small processing facilities and large processing facilities: Processing
facilities are centers for collecting and processing recycling materials
predominantly from commercial and industrial sources.
(5) Green materials composting facilities: Green materials composting
facilities are centers that produce a humus-like material under a
process of managed biological decomposition from green materials,
leaves, tree trimmings, untreated wood, shrubbery cuttings, or other
plant matter that has been source-separated from the municipal solid
waste stream.
(6) Mixed organics composting facilities: Mixed organics composting
facilities are centers that produce a humus-like material under a
process of managed biological decomposition from green materials,
leaves, tree trimmings, untreated wood, shrubbery cuttings, kelp, other
plant material, manure, or urea that has been source-separated from the
municipal solid waste stream.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(7) Tire processing facilities: Tire processing facilities are centers that
accept whole tires for shredding, chopping, or other size-reduction
techniques, as well as pyrolyzation.
(8) Small construction and demolition debris recycling facilities and large
construction and demolition (C&D) debris recycling facilities: C&D
debris recycling facilities are centers that process, crush, grind, or
screen recyclable construction and demolition debris.
(b) Drop-off Facilities
Drop-off facilities 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.
(1) Drop-off facilities shall be set back at least 10 feet from any building
or public right-of-way and shall not obstruct pedestrian or vehicular
access.
(2) Landscaping and off-street parking required for other uses on the
premises shall not be eliminated to accommodate drop-off facilities.
(3) Collection containers for 24-hour donation of material shall be placed
at least 30 feet from residentially zoned property, unless there is an
enclosed area for donations.
(4) The capacity of all collection containers on the premises shall not
exceed 192 cubic feet.
(5) Collection containers shall be constructed of sturdy material and
maintained in good condition.
(6) Collection containers shall be clearly marked to identify the type of
material that may be deposited and the name and telephone number of
the facility operator. A notice shall be displayed stating that material
may not be left outside the containers.
(7) Facilities shall be kept free of litter.
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(c) Reverse Vending Machines
Reverse vending machines 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.
(1) Reverse vending machines may sort and process beverage containers
mechanically if the entire process is enclosed within the machines.
(2) The total area occupied by reverse vending machines shall not exceed
50 square feet per premises, including any protective enclosure, and
shall not exceed 8 feet in height.
(3) Reverse vending machines shall be placed within 30 feet of the
entrance to the commercial or industrial structure with which they are
located. The machines shall not obstruct pedestrian or vehicular
access or any activity on the premises.
(4) The maximum permitted sign area for each machine, not including operating instructions, is 2 square feet.
(5) Reverse vending machine facilities shall be illuminated to ensure safe
operation if operating hours are between sunset and sunrise.
(6) Internally illuminated signs are not permitted. Exterior lighting used
to illuminate signs shall be directed away from adjacent property.
(7) Reverse vending machines shall not occupy required parking spaces.
(8) Reverse vending machines shall be constructed of durable, waterproof,
and rustproof material.
(9) Reverse vending machines shall be clearly marked to identify the type
of material to be deposited, the operating instructions, and the identity
and telephone number of the operator or responsible person to call if
the machines are inoperative.
(10) Operating hours shall be the same as the operating hours for the
primary use on the premises.
Ch. Art. Div. 14 1 6 32
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(11) The site shall be kept free of litter and the machines shall be kept
clean.
(d) Small Collection Facilities
Small collection facilities 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.
(1) Small collection facilities located in agricultural zones shall be limited
to the collection of recyclable material generated by agricultural
activities.
(2) Small collection facilities may accept only recyclable material
including glass, metal, plastic products, paper, and reusable items.
(3) Small collection facilities may include the following:
(A) A mobile recycling unit consisting of automobiles, trucks, or
vans licensed by the California Department of Motor Vehicles
and used for the collection of recyclable material, and the
containers transported by these vehicles;
(B) Bulk reverse vending machines, or a group of reverse vending
machines, occupying more than 50 square feet of floor area
and designed to accept more than one container at a time and
pay by weight rather than by container;
(C) Kiosk type units, which may include permanent structures; and
(D) Unattended containers, which may exceed a capacity of 192
cubic feet.
(4) Power-driven processing equipment, other than bulk reverse vending
machines, is not permitted.
(5) Small collection facilities shall not exceed 500 square feet in
commercial zones and 800 square feet in agricultural and industrial
zones.
(6) Facilities that are not within a fully enclosed building shall be set back
at least 10 feet from any building and from any public
right-of-way, and shall not obstruct pedestrian or vehicular circulation.
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(7) Small collection facilities that are located in open parking lots shall
occupy no more than five parking spaces, not including the spaces to
be used for removal of material or exchange of containers.
(8) No additional parking spaces are required for small collection facilities
located in the established parking lot of the primary use.
(9) Facilities shall not occupy parking spaces required for the primary use
unless both of the following conditions exist:
(A) The facility is located in a convenience zone or a potential
convenience zone as designated by the California Department
of Conservation; and
(B) A traffic study showing that the existing parking capacity is not
being fully used during the facility’s hours of operation has
been prepared and approved by the City Manager.
(10) If a facility is located within parking spaces required for the primary
use, a reduction in available parking spaces in an established parking
facility may be permitted as shown in Table 141-06B.
Table 141-06B
Parking Reduction for Recycling Facilities
Within Required Parking Areas
| NumberofAvailableParkingSpaces | Maximum Reduction |
|---|---|
| 0-25 | 0 |
| 26-35 | 2 |
| 36-50 | 3 |
| 51-100 | 4 |
| 101+ | 5 |
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(11) Signs may be provided in accordance with the following.
(A) Recycling containers may have identification signs with a
maximum sign area of 20 percent of the container area per
side, not to exceed 16 square feet.
(B) Directional signs, bearing no advertising message, may be
installed if necessary to facilitate traffic circulation.
(C) Internally illuminated signs are not permitted. Exterior
lighting used to illuminate any sign shall be directed away
from adjacent properties.
(12) The installation of the facility shall not result in the elimination of any
required landscaping.
(13) All recyclable material shall be stored in collection containers or in
vehicles used to remove recyclable material.
(14) Collection containers for 24-hour donation of material shall be placed
at least 30 feet from residentially zoned property, unless there is an
enclosed area for donations.
(15) Collection containers shall be clearly marked to identify the type of
material that may be deposited and the name and telephone number of
the facility operator. A notice shall be displayed stating that material
may not be left outside the containers.
(16) Collection containers shall be constructed of durable, waterproof, and
rustproof material and shall be maintained in good condition.
(17) Collection containers shall be covered and secured from unauthorized
entry when the site is not attended.
(18) Facilities shall be kept free of litter and shall be swept at the end of
each collection day.
(19) Attended facilities shall be in operation only during the hours of
operation of the primary use on the premises. If the small collection
facility is the only use on the premises, it shall operate only during the
hours between sunrise and sunset. Facilities located within 100 feet of
residentially zoned property shall operate only during the hours
between 9:00 a.m. and 7:00 p.m.
Ch. Art. Div.
14 1 6 35
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(20) A small collection facility that is inoperative for a period of 30 calendar days or more shall be removed from the site.
(e) Large Collection Facilities
Large collection facilities may be permitted with a Neighborhood Use Permit
in the zones indicated with an “N” in the Use Regulations Tables in
Chapter 13, Article 1 (Base Zones) subject to the following regulations.
(1) Large collection facilities located in agricultural zones shall be no
more than 2 acres in size and shall be limited to the collection of
recyclable material generated by agricultural activities.
(2) Large collection facilities may aggregate or sort recyclable material
collected or accepted by on-site donation, redemption, or purchase
predominantly from the public in preparation for shipping to market.
(3) Power-driven processing equipment, including equipment used for
aluminum foil and can compacting, baling, plastic shredding, and
other limited processing activities may be permitted if in compliance
with the noise regulations in Section 142.0720.
(4) Large collection facilities shall be located at least 150 feet from
residentially zoned property unless they are within an entirely
enclosed building.
(5) Large collection facilities shall be located within a fully enclosed
building or shall be enclosed by a solid fence or wall that is at least 6
feet high. Landscaping shall be provided on all sides of the fence or
wall that face a public right-of-way. Material shall not be stored above
the height of the fence or wall.
(6) Off-street parking spaces shall be provided for each commercial
vehicle used at the facility and for six customer vehicles, or the
anticipated peak customer load, whichever is higher.
(7) Identification and informational signs, without advertisements, may be
installed if needed for traffic circulation, or if the facility is not visible
from the public right-of-way.
(8) Collection containers provided for after-hours donation of recyclable
material shall be located at least 50 feet from any residentially zoned
property and at least 10 feet from any building.
Ch. Art. Div. 14 1 6 36
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(9) Collection containers shall be constructed of durable, waterproof, rustproof, and nonflammable material and shall be maintained in good condition.
(10) Collection containers shall be covered and secured from unauthorized
entry or removal of material.
(11) Facilities shall be clearly marked with the name and telephone number
of the facility operator and the hours of operation. A notice shall be
displayed stating that material may not be left outside the containers.
(12) Facilities shall be kept free of litter and shall be swept at the end of
each collection day.
(13) Facilities located within 500 feet of residentially zoned property may
operate only during the hours between 7:00 a.m. and 7:00 p.m.
(f) Small Processing Facilities and Large Processing Facilities
Small processing facilities and large processing facilities are permitted as
limited uses in the zones indicated with an “L” in the Use Regulations Tables
in Chapter 13, Article 1 (Base Zones) subject to the following regulations.
These facilities may be permitted with a Neighborhood Use Permit in the
zones indicated with an “N” or 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.
(1) Small processing facilities may not exceed 1 acre. Large processing
facilities may exceed 1 acre.
(2) Small processing facilities are limited to baling, briquetting,
compacting, grinding, shredding, and sorting of source-separated
recyclable material and repairing of reusable material, except that the
facility may not shred, compact, or bale ferrous metals other than food
and beverage containers.
(3) Air contaminants including smoke, charred paper, dust, grime, carbon,
noxious acids, fumes, gases, odors, particulate matter; or emissions
that endanger human health, cause damage to vegetation or property,
or cause soiling, vibration or above ambient noise levels that are
detectable on neighboring properties are not permitted.
Ch. Art. Div.
14 1 6 37
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(4) Power-driven processing equipment may be permitted if in compliance
with the noise regulations in Section 142.0720.
(5) All processors shall be located at least 300 feet from residentially
zoned property except that within Recycling Market Development
Zones, processors may be located within 300 feet of a residentially
zoned property if processing occurs within a fully enclosed building.
(6) Processing operations shall take place either in a fully enclosed
building (except for incidental storage) or within an area enclosed on
all sides by a solid fence or wall that is at least 6 feet high and is
landscaped on all sides that face a public right-of-way.
(7) In addition to the off-street parking required by Chapter 14, Article 2,
Division 5 (Parking Regulations) the following parking spaces are
required if the facility is open to the public:
(A) At least 10 customer parking spaces, or enough parking to
accommodate the anticipated peak customer load, whichever is
higher; and
(B) One parking space for each commercial vehicle used by the
processing center.
(8) Collection containers provided for after-hours donation of recyclable
material shall be placed at least 50 feet from any residentially zoned
property and at least 10 feet from any building.
(9) Collection containers shall be clearly marked to identify the type of
material that may be deposited. A notice shall be displayed stating that
material may not be left outside the containers.
(10) Collection containers shall be constructed of sturdy, rustproof, and
waterproof material and shall be maintained in good condition. The
containers shall be covered and secured from unauthorized entry and
removal of material.
(11) All material stored outdoors that might attract vectors shall be in
sturdy containers that are covered, secured, and maintained in good
condition. Baled, bulk, or pelletized material that is not easily confined
or stored in containers may be stored behind walls or fences. Stored
material shall not be visible above the fence.
Ch. Art. Div. 14 1 6 38
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(12) The facility shall be clearly marked with the name and telephone
number of the facility operator and the hours of operation.
(13) The site shall be kept free of litter and shall be cleaned on a daily
basis.
(14) Facilities located within 500 feet of residentially zoned property may
operate only during the hours between 7:00 a.m. and 7:00 p.m. The
facility shall be staffed by on-site personnel during the hours the
center is open.
(g) Green Materials Composting Facilities and Mixed Organics Composting
Facilities
Green materials composting facilities and mixed organics composting
facilities 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.
These facilities may be permitted with a Neighborhood Use Permit in the
zones indicated with an “N” or 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. Backyard composting and composting operations
incidental to farming are not subject to Section 141.0620 if the compost is
used on-site. Composting activities that process or have 500 cubic yards or
less of green material or organic material feedstock and active compost on-
site are not subject to these regulations.
(1) Composting operations shall be located at least 300 feet from
residentially or commercially zoned property, except that within
Recycling Market Development Zones, composting facilities may be
located within 300 feet if the operations are within a fully enclosed
building.
(2) Composting operations shall be within an area enclosed on all sides by
fences. Fences within 50 feet of a public right-of-way, excluding
alleys, shall be solid fences.
(3) The active composting material shall not exceed the allowable limits
of additives and amendments as defined in the California Code of
Regulation, Chapter 3.1.
Ch. Art. Div.
14 1 6 39
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(4) The facility shall not compost septage, sewage, sewage sludge, or
mixed municipal solid wastes.
(5) Space shall be provided on the site for the anticipated peak customer
load to circulate and deposit or load feedstock or finished compost.
(6) The facility shall be clearly marked with the name and telephone
number of the facility operator and the hours of operation.
(7) The facility shall be kept free of litter.
(8) The facility shall be secured from unauthorized entry and removal of
material when the operator is not present.
(9) Any permit issued by the City shall be void if the facility does not
obtain other required local and state permits or does not comply with
the composting facility regulations in the California Code of
Regulations.
(h) Tire processing 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.
(1) Tire processing operations shall be located at least 300 feet from
residentially zoned property, except that within Recycling Market
Development Zones, tire processors may be located within 300 feet of
a residentially zoned property if processing occurs within a fully
enclosed building.
(2) Tire processing operations shall take place either in a fully enclosed
building (except for incidental storage) or in an area enclosed on all
sides by a solid fence or wall that is at least 6 feet high and is
landscaped on all sides that face a public right-of-way.
(3) Tire processing facilities shall not manufacture tire-derived recycled
products.
(4) Tire processing facilities shall be designed and constructed to provide
protection to bodies of water from potential runoff of pyrolytic oil that
could result from a tire fire.
Ch. Art. Div. 14 1 6 40
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(5) The facility shall not have driveway gradients or other physical features that will interfere with fire fighting equipment or personnel.
(6) Space shall be provided on the site for the anticipated peak customer
load to circulate and deposit or load feedstock or finished products.
(7) The facility shall be clearly marked with the name and telephone
number of the facility operator and the hours of operation.
(8) The facility shall be kept free of litter.
(9) The facility shall be secured from unauthorized entry and removal of
material when the operator is not present.
(10) Any permit issued by the City of San Diego shall be void if the facility
does not obtain other required local and state permits or does not
comply with the applicable regulations in the California Code of
Regulations.
(i) Small and large construction and demolition (C&D) debris recycling facilities
may be permitted with a Neighborhood Use Permit in the zones indicated with
an “N” or 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.
(1) Lot Size
(A) A small C&D debris recycling facility may not exceed 4 acres.
(B) A large C&D debris recycling facility may exceed 4 acres.
(2) Separation Distances
(A) Small C&D debris recycling facilities shall be located at least
300 feet from residentially zoned property. Processing,
grinding, crushing, and screening operations shall be set back
at least 100 feet from the adjacent property line.
(B) Large C&D debris recycling facilities shall be located at least
500 feet from residentially zoned property. Processing,
grinding, crushing, and screening operations shall be set back
at least 200 feet from the adjacent property line.
Ch. Art. Div.
14 1 6 41
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(3) Processing Capacity Limit
(A) Small C&D debris recycling facilities shall not accept more than 400 tons of recyclable construction and demolition debris per day.
(B) Large C&D debris recycling facilities shall not accept more
than 2,500 tons of recyclable construction and demolition
debris per day.
(4) Power driven processing may be permitted if in compliance with the
noise regulations in Section 142.0720.
(5) Facilities shall not operate between the hours of 7:00 p.m. and 7:00
a.m.
(6) Facilities shall be enclosed on all sides by a solid fence that is at least
6 feet in height.
(7) Material shall not be stockpiled higher than 15 feet. Stockpiled
material shall be located at least 30 feet from the adjacent public
right-of-way.
(8) Space shall be provided on the site for the anticipated peak customer
load to circulate and deposit or load material or finished product.
(9) The facility shall be clearly marked with the name and telephone
number of the facility operator and the hours of operation.
(10) The site shall be kept free of litter.
(11) The site shall be secured from unauthorized entry and removal of
material when attendants are not present.
(12) Any permit issued by the City of San Diego shall be void if the facility
does not obtain other required local and state permits or does not
comply with regulations enforced by the local enforcement agency, the
Air Pollution Control District, or other applicable regulatory agencies.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 3-1-2006 by 0-19467 N.S.; effective 8-10-2006.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
Ch. Art. Div. 14 1 6 42
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0621 Sidewalk Cafes, Streetaries, and Active Sidewalks¶
The sidewalk cafes, streetaries, and active sidewalks regulations establish requirements for outdoor dining and other uses located within the public right-of-way. For the purposes of this Section, sidewalk cafes are defined as outdoor dining spaces located within the sidewalk area of the public right-of-way that are associated with adjacent eating and drinking establishments; streetaries are defined as outdoor spaces located in a street space formerly dedicated to parking spaces that serves as an extension of an eating and drinking establishment; and active sidewalks are defined as the permanent extension of the curb into the public right-of-way to facilitate activation of the public right-of-way through recreational amenities, landscaped areas, seating areas, farmers market, artworks or outdoor dining. Sidewalk cafes, streetaries, and active sidewalks 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. It is not the intent of this Section to regulate outdoor eating and drinking establishment areas that are located on private property.
(a) Limited Use Regulations for Sidewalk Cafes
(1) Design requirements
(A) A sidewalk cafe shall be located within the sidewalk area
adjacent to a street-level eating and drinking establishment.
(B) A sidewalk cafe that provides a maximum of one row of tables
and chairs within 4 feet 6 inches of the building façade, placed
in a manner that does not block ingress or egress from the
associated eating and drinking establishment, shall not be
required to install a barrier in accordance with Section
141.0621(a)(1)(C).
(C) If not designed in compliance with Section 141.0621(a)(1)(B),
the area of a sidewalk cafe shall be delineated by a barrier
consisting of railings, fences, or a combination of railings and
fences, and planter boxes that are 3 feet in height or less. Solid
walls are not permitted.
(i) The barrier may be either permanently installed or
moveable. If it is moveable, it shall be affixed to the
sidewalk while the sidewalk cafe is open for business.
Ch. Art. Div.
14 1 6 43
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(ii) A clear, transparent, shatterproof glass or similar
material may be used on top of the 3-foot barrier to
enclose the sidewalk cafe to minimize windy or cold
climatic conditions. The height of the sidewalk cafe
barrier plus the clear enclosure shall not exceed 5 feet.
(iii) Awnings or umbrellas may be used in conjunction with
a sidewalk cafe, but shall not be used as a permanent
roof or shelter over the sidewalk cafe area.
(D) Clear Path of Travel
(i) A clear path, free of all obstructions to the flow of
pedestrian traffic, shall be provided in the public right-
of-way and shall be maintained at all times.
Obstructions include traffic signals or signs, light
standards, parking meters, phone booths, bus stops,
trash receptacles, benches, trees, gates that open
outward beyond the perimeter of the sidewalk cafe, and
similar objects.
(ii) The clear path shall be a paved sidewalk that is at least
5 feet wide, the width identified in the applicable
adopted land use plan, or the width required by the
applicable zone or planned district, whichever width is
greater.
(iii) The clear path may meander from side to side to avoid
obstructions, but shall maintain a continuous, common
surface at least 3 feet in width that provides a direct
path of travel past the sidewalk cafe.
(iv) The clear path shall be measured from the outermost
point of the sidewalk cafe to the curb or to the nearest
obstruction within the flow of pedestrian traffic,
whichever is shorter;
(v) Recesses in the building facade shall not be used to
satisfy the clear path requirement.
(E) Accessibility. A sidewalk cafe shall be designed and operated so that unsafe conditions are not created for the physically disabled, blind, or partially sighted.
Ch. Art. Div. 14 1 6 44
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(i) The surface of a sidewalk cafe shall be level, and have
a running slope and a cross slope that do not exceed 2
percent (1 unit vertical in 50 units horizontal).
(ii) A sidewalk cafe shall not be located on a raised
platform or in a sunken area, unless an accessible ramp
is provided in accordance with the California Building
Code, or the Americans with Disabilities Act,
whichever provides greater accessibility.
(iii) At least one wheelchair seating space shall be provided
for each 20 seats, or portion thereof.
(iv) When multiple accessible seating spaces are provided,
they shall be reasonably distributed and integrated
within the area of the sidewalk cafe.
(v) Accessible wheelchair spaces shall have a minimum
unobstructed maneuverability dimension of 30 inches
in width by 48 inches in depth.
(vi) Access to designated wheelchair spaces shall be
provided via an accessible path with not less than 36
inches unobstructed width.
(F) An unobstructed path of ingress and egress travel with a
minimum 4-foot width that leads occupants directly from exit
doors to the public right-of-way shall be required for a
sidewalk cafe and associated eating and drinking
establishment.
(G) No portion of a sidewalk cafe may be located within 8 feet of
the entrance to a ground floor commercial use other than the
entrance to the adjacent restaurant unless the property owners
and first floor tenants of the affected commercial lease spaces
provide a notarized letter of permission.
(H) If awnings are attached to the main building, they shall be
secured in accordance with the California Building Code and
shall be subject to inspection by the Building Official prior to
occupancy of a sidewalk cafe.
(I) The interior of a sidewalk cafe shall consist solely of moveable
furnishings, including moveable tables, chairs, and umbrellas.
Ch. Art. Div.
14 1 6 45
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(J) Landscaping may be placed in moveable planters or planted in
the ground inside a delineated sidewalk cafe area adjacent to
the barrier.
(K) Lighting fixtures may be permanently affixed to the front of
the associated eating and drinking establishment but shall not
protrude into the pedestrian path.
(L) The name and type of establishment may be placed on
umbrellas or on the valance of an awning with an overhang not
lower than 84 inches from the finished grade of the sidewalk.
Other signs are not permitted on a sidewalk cafe.
(M) Parking for a sidewalk cafe portion of an eating and drinking
establishment shall only be required if:
(i) The area of a sidewalk cafe is greater than 200 square
feet;
(ii) The area of a sidewalk cafe exceeds 25 percent of the
combined total of the gross floor area of the associated
eating and drinking establishment and the area of the
sidewalk cafe; and
(iii) A sidewalk cafe is located in the Parking Impact
Overlay Zone.
(2) Permit requirements
(A) Prior to installation of any furniture or improvements in the public right-of-way and prior to operation of a sidewalk cafe, the applicant shall obtain a Public Right-of-Way Permit or Building Permit in accordance with Sections 129.0203 and 129.0702, and an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715. Violations of a Public Right-of-Way Permit or Building Permit shall be subject to the permit revocation procedures set forth in Chapter 12, Article 1, Division 3.
(B) The dimensions of a sidewalk cafe shall be delineated on a site
plan and documented in the associated Public Right-of-Way
Permit or Building Permit, as applicable.
Ch. Art. Div. 14 1 6 46
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(C) Prior to occupancy of a sidewalk cafe, inspection shall be
required in accordance with Section 129.0111, as applicable.
(D) An annual inspection of a sidewalk cafe shall be required to
ensure compliance with the limited use regulations for
sidewalk cafes.
(3) Operational requirements
(A) A sidewalk cafe shall only be used only for dining, drinking,
and circulation, and shall operate only in conjunction with an
adjacent eating and drinking establishment.
(B) A sidewalk cafe may provide either waiter/waitress service or
self-service.
(C) The sidewalk within, and adjacent to, the sidewalk cafe shall
be clean and free of litter at all times.
(D) Trash or storage areas shall not be located on or adjacent to the
public right-of-way.
(E) Musical instruments or sound reproduction devices shall not be
operated or used within a sidewalk cafe. For purposes of
enforcement of Chapter 5, Article 9.5, the property line shall
be considered the boundary of a sidewalk cafe.
(F) The hours of operation of a sidewalk cafe shall be limited to the hours that the kitchen facilities of the associated eating and drinking establishment are open for meal ordering. Alcohol, food, or beverages shall not be served or permitted within the sidewalk cafe after 10:00 p.m. Sunday through Thursday, and after11:00 p.m. Friday through Saturday.
(G) Smoking or vaping is not permitted within a sidewalk cafe at
any time. For purposes of this section, the terms smoke,
smoking, vape, and vaping have the same meanings as in San
Diego Municipal Code section 43.1001.
(H) A sidewalk cafe shall comply with all State of California
Department of Alcoholic Beverage Control license
requirements, as applicable.
Ch. Art. Div.
14 1 6 47
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(I) Outdoor cooking and preparation of food within the public
right-of-way is prohibited.
(J) Portable heaters, if provided, shall be located a minimum of 4
feet away from the exterior face of the building and from any
combustible materials, including architectural projections, or
in accordance with manufacturer recommendations, whichever
is most restrictive.
(K) A copy of the approved Public Right-of-Way Permit or
Building Permit, as applicable, for a sidewalk cafe shall be
posted on the premises of the associated eating and drinking
establishment.
(4) A Process Two Neighborhood Use Permit may be requested in
accordance with Section 126.0203 to deviate from the requirements in
Section 141.0621(a) as follows:
(A) The applicant shall identify any requirement in Section
141.0621(a) where a deviation is being requested and shall
specify why the deviation is needed.
(B) The decision maker will evaluate the request in accordance with the adopted land use plan and Land Development Manual to determine if a sidewalk cafe with the proposed deviation is a suitable use for the proposed site and will not infringe on use of the public right-of-way by pedestrians. In making the determination, the decision maker shall consider the following:
(i) The width of the sidewalk;
(ii) The design and relationship of the sidewalk cafe to
other existing or planned uses in the vicinity;
(iii) The amount of pedestrian use and the impact of the
sidewalk cafe’s location on pedestrian activity; and
(iv) The sidewalk cafe’s ability to fit the character of the
area, create an outdoor pedestrian plaza, intensify
pedestrian activity, and make the street activity more
attractive.
Ch. Art. Div. 14 1 6 48
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(b) Limited Use Regulations for Streetaries
(1) Location Requirements:
(A) Streetaries shall be located adjacent to eating and drinking
establishments at the following locations:
(i) Within the curb lane on streets where on-street metered
or unmetered parking spaces exist adjacent to the front
of the eating and drinking establishment, or along an
adjacent neighboring on-street metered or unmetered
parking spaces with the written permission from the
adjacent property owner stating the permission is valid
for the term of the Encroachment Maintenance and
Removal Agreement.
(ii) At least 20 feet away from an intersection, street
corner, alley or a driveway; and
(iii) Along curbs painted yellow, or green, or non-painted
curbs or motorcycle parking areas.
(B) Streetaries shall not be allowed at the following locations:
(i) Along a street segment with a speed limit greater than 30 miles per hour.
(ii) Along a street with a street classified as major or
greater.
(iii) Along a curb painted red, white, or blue.
(iv) Within or adjacent to an alley.
(v) Adjacent to a Metropolitan Transit System (MTS) stop
or a bus lane.
(vi) Within an existing bike lane or within a proposed bike
lane project identified in any comprehensive bicycle
plan or adopted land use plan.
(vii) Within 5 feet of storm drain inlets or cleanouts.
Ch. Art. Div.
14 1 6 49
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(viii) Over utility access panels, manhole covers, handholes,
transformers, water meters or water valves.
(ix) Within 5 feet of a fire hydrant and any emergency
equipment.
(x) Within 5 feet of any natural gas or electric utility
facility, including the perimeter of any manholes,
handholes or vaults, and any surface-level structures
such as natural gas meters, monitors, pressure
regulators, protection stations, poles, curbside electric
meters, transformers or green utility boxes.
(2) Permit Requirements
(A) Prior to installation of any furniture or improvements in the
public right-of-way and prior to operation of a streetary, an
applicant shall obtain a Public Right-of-Way Permit in
accordance with Section 129.0710(d) and an Encroachment
Maintenance and Removal Agreement in accordance with
Section 129.0715. Violations of a Public Right-of-Way Permit
shall be subject to the permit revocation procedures set forth in
Chapter 12, Article 1, Division 3.
(B) The Public Right-of-Way Permit for streetaries shall be limited
to a maximum two-year term period, after which a new
application may be submitted in accordance with Section
141.0621(b).
(C) Removal of on-street parking spaces to construct streetaries
shall comply with the following:
(i) On-street accessible parking spaces provided in
accordance with Title 24 of the California Code of
Regulations (California Building Standards Code) shall
not be removed for the construction of a streetary.
(ii) Outside of Coastal Overlay Zone, removal of on-street
parking spaces shall not be the basis of denial of a
Public Right-of-Way Permit for a streetary, except as
provided in 141.0621(b)(2)(C)(i).
Ch. Art. Div. 14 1 6 50
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(iii) Within the Coastal Overlay Zone and outside of the
Beach Impact Area of the Parking Impact Overlay
Zone, removal of on-street parking spaces shall not be
the basis of denial of a Public Right-of-Way Permit for
a streetary, except as provided in 141.0621(b)(2)(C)(i).
(iv) Within both the Coastal Overlay Zone and the Beach
Impact Area of the Parking Impact Overlay Zone, all
on-street parking removed to construct a streetary shall
be replaced with an equivalent number of off-street
parking spaces provided at no cost to the public either
on the same premises as the business proposing the
streetary, or off-premises through shared parking in
accordance with Section 142.0545.
(D) The dimensions of a streetary shall be delineated on a site plan
and documented in the associated Public Right-of-Way Permit.
(E) Prior to the issuance of a Public Right-of-Way Permit for a
streetary, the applicant shall pay a fee for the use of and
operation within the public right-of-way, as adopted by San
Diego City Council Resolution.
(F) A streetary is subject to Development Impact Fees in
accordance with Section 142.0640(b)(6).
(G) Prior to issuance of a Public Right-of-Way Permit for a
streetary, the applicant shall provide evidence of general
liability insurance naming the City of San Diego as additional
insured, which shall remain in effect during the operation of
the streetary.
(H) Alcohol, food, or beverages shall not be served or allowed
within the streetary before 7:00 a.m. and after 10:00 p.m.
Sunday through Thursday, and before 7:00 a.m. and after
11:00 p.m. Friday through Saturday and the day prior to a City
Holiday.
(I) Streetaries located within 150 feet of an adjacent residential
use shall not serve or allow alcohol, food, or beverages within
the streetary before 7:00 a.m. and after 9:00 p.m. Sunday
through Thursday, and before 7:00 a.m. and after 10:00 p.m.
Friday through Saturday.
Ch. Art. Div.
14 1 6 51
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(J) Streetaries shall comply with all State of California
Department of Alcoholic Beverage Control license
requirements, as applicable.
(K) Smoking and vaping shall not be permitted within the streetary. For purposes of this Section, the terms smoke, smoking, vape, and vaping have the same meanings as set forth in San Diego Municipal Code Section 43.1001.
(L) Live entertainment is not permitted within a streetary unless a
Conditional Use Permit is granted in accordance with Process
Three and the Conditional Use Permit is in accordance with the
provisions of Chapter 3, Article 3, Division 15. The Public
Right-of-Way Permit holder for the streetary shall provide a
noise impact analysis to the City for consideration before
approval of the Conditional Use Permit. The noise impact
analysis shall be prepared by a qualified acoustical engineer
and shall evaluate noise and vibration impacts to the
surrounding neighborhood. A Conditional Use Permit shall not
be granted for live entertainment before 8:00 a.m. and after
9:00 p.m. Sunday through Thursday, and before 9:00 a.m. and
after 10:00 p.m. Friday through Saturday.
(M) Outdoor cooking and food preparation within the streetary is
prohibited.
(N) Noise levels within the streetary shall comply with the sound
level limits of the adjacent use of the eating or drinking
establishment in accordance with Chapter 5, Article 9.5,
Division 4.
(O) The Gaslamp Quarter Planned District Design Guidelines shall
apply to streetaries located within the Gaslamp Quarter
Planned District.
(P) The Public Right-of-Way Permit permit holder shall be
responsible for maintaining the streetary. Maintenance shall
include posting of the name, phone number, and email address
of the person responsible for the streetary in a location visible
from the public right-of-way, keeping the streetary free of
litter, and preventing litter attributable to the streetary from
entering adjacent properties within the public right-of-way.
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(Q) Streetaries shall remain open to public during all non- operational hours.
(3) Design Requirements
Streetaries shall be designed in accordance with the Spaces as Places
Design Manual and meet the following regulations to the satisfaction
of the City Engineer:
(A) Streetaries shall be designed as an extension of the sidewalk
with at least one minimum 48 inches wide entry for every
10 feet of streetary along the curbside edge.
(B) The width of the streetary shall not extend within 2 feet of the
edge of the street travel lane.
(C) A streetary shall provide a setback of at least 4 feet from
adjacent vehicle parking spaces.
(D) The deck of the streetary platform shall be flush with the
sidewalk.
(E) Bolting into the street or penetrating into the surface of the
road shall not be permitted.
(F) A minimum 36 inches wide emergency access gap with
horizontal and vertical clearance shall be required for every 20
feet of the streetary or adjacent streetaries or other structures in
the parking lane.
(G) The accessible path of travel through the streetary shall be a
paved sidewalk that is at least 5 feet wide, the width identified
in the applicable adopted land use plan, or the width required
by the applicable zone or planned district, whichever width is
greater.
(H) Drainage
(i) Streetaries shall not impede the flow of curbside
drainage.
(ii) An 8 inch by 6 inch minimum clear gutter space shall
be provided along the entire length of the streetary
adjacent to the curb.
Ch. Art. Div.
14 1 6 53
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(iii) The applicant shall ensure that the drainage area between the curb and the platform remains clear of debris and proper drainage occurs at all times.
(I) A 42 inch high railing shall be placed at the edge of the
streetary to serve as a barrier from vehicular traffic.
(J) No horizontal or vertical structure shall be placed above
42 inches from the surface of the streetary except for
stanchions needed to provide lighting.
(K) Umbrellas with an overhang of a minimum of 84 inches from
the finished grade of the sidewalk may be used in conjunction
with a streetary, but no permanent roof or shelter is permitted
over the streetary. The canopy of the umbrella shall be
contained within the streetary and shall not protrude into the
sidewalk, adjacent parking spaces, adjacent streetaries or the
travel or bike lane.
(L) Solar powered lights shall be permitted but electrical lighting
elements that contain wires that cross the clear path of travel
shall not be permitted.
(M) The placement of the name and type of establishment on
umbrellas is allowed. Other signs shall not be permitted on a
streetary.
(N) Streetaries shall be designed in accordance with the Spaces as
Places Design Manual.
(O) The Gaslamp Quarter Planned District Design Guidelines shall
apply to streetaries located within the Gaslamp Quarter
Planned District.
(4) Accessibility
(A) Accessible Path of Travel
(i) An accessible path of travel shall connect the sidewalk
to the accessible entry, deck surface, wheelchair turning
space, and wheelchair resting space.
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(ii) The accessible path of travel shall be a minimum of
60 inches wide on the sidewalk and shall not pass over
tree wells.
(iii) The accessible path of travel shall be free of obstruction and protruding objects.
(B) Accessible Deck Surface
(i) The accessible path of travel on the deck surface shall
be a minimum of 44 inches wide.
(ii) The portion of the streetary deck connected by the
accessible path of travel to the wheelchair turning space
and wheelchair resting space shall be level.
(iii) The accessible deck surface maximum cross slope
(perpendicular to the sidewalk or curb) and the
maximum running slope (parallel to the curb) shall not
exceed 2 percent.
(iv) The surface of the accessible route, clear floor spaces,
and turning spaces shall be firm, stable, and slip
resistant.
(v) Openings in floor or deck surfaces shall not allow the
passage of a sphere more than half an inch in diameter.
Elongated openings shall be placed so that the long
dimension is perpendicular to the dominant direction of
travel.
(C) A clear area of 60 inches in diameter located entirely within
the streetary shall be provided for wheelchair turning with a
maximum overlap of 12 inches on the curb and sidewalk.
(D) A clear floor area of 36 inches by 48 inches shall be provided
for wheelchair resting space with a maximum overlap of
24 inches with the wheelchair turning space in any orientation.
(E) The wheelchair resting space shall provide shoulder-to-
shoulder alignment adjacent to one side of the fixed seat to
serve as wheelchair user companion seating.
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(F) A minimum head height clearance of 84 inches from the
finished grade of the streetary is required at all times.
(G) Equivalent Facilities
(i) Where tables, counters, or drink rails are provided, at least one of each feature shall be wheelchair accessible.
(ii) The top surface height of wheelchair accessible tables,
counters and or drink rails shall be 28 inches to
34 inches above the deck surface.
(iii) Wheelchair accessible tables and counters shall be
approachable from the front and provide an
unobstructed knee clearance that is at least 27 inches
high, 30 inches wide, and 19 inches deep.
(iv) When movable tables are provided in lieu of fixed
tables, at least one of the movable tables shall be
accessible.
(v) Where drink rails are provided, a 60 inch long portion
of a drink rail shall have 36 inch wide and level space
adjacent to it for a side-approach by a wheelchair user.
(H) Terraced or Multi-Level Streetaries
(i) Streetaries on streets with grades that exceed 5 percent
may construct a terraced streetary with two or more
decks.
(ii) At least one of the terraces shall be wheelchair
accessible and provide equivalent seating, tables, and
countertop facilities to those found in other terraces.
(iii) The wheelchair accessible terrace shall provide a
wheelchair accessible entry from the sidewalk.
(iv) The wheelchair accessible entry shall include a
structure on the sidewalk within the sidewalk
furnishing zone that provides a transition between the
sidewalk and streetary deck.
(v) Passage between terrace levels shall provide a ramp
with a running slope not to exceed 5%.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(vi) Any step or stair shall contain a warning strip at the
nose of the step and handrails in accordance with the
California Building Code.
(5) Deviation Process
A deviation from the requirements in Section 141.0621(b) may be
permitted with a Neighborhood Use Permit decided in accordance
with Process Two, as follows:
(A) The applicant shall identify any requirement in Section
141.0621(b) where a deviation is being requested and shall
specify why the deviation is necessary.
(B) Deviations related to the following shall not be granted:
(i) Addition of an overhead structure;
(ii) Storm water requirements;
(iii) Hours of operation;
(iv) Engineering standards; and
(v) Accessibility requirements.
(c) Limited Use Regulations for Active Sidewalks
(1) Location Requirement:
(A) Active sidewalks shall be located along the curbside on streets
where metered or unmetered parking exists.
(B) Active sidewalks shall be located only on streets with a curb-
to-curb width sufficient to accommodate a Class IV bicycle
lane after installation of the active sidewalk.
(C) Active sidewalks shall meet the locational requirement to the
satisfaction of the City Engineer to ensure public health and
safety.
(2) The following uses shall be permitted within an active sidewalk:
(A) Recreational amenities, including landscaped and seating areas,
in accordance with Section 129.0710(d).
Ch. Art. Div.
14 1 6 57
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(B) Artworks.
(C) Outdoor Dining in accordance with Section 141.0621(c)(6).
(E) Farmers Markets in accordance with Section 141.0503.
(F) Other uses approved through a deviation in accordance with
Section 141.0621(c)(7).
(3) Permit Requirements:
(A) Prior to installation of any furniture or improvements in the public right-of-way and prior to operation of an active sidewalk, the applicant shall obtain a Public Right-of-Way Permit in accordance with Section 129.0710(d) and an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715 to the satisfaction of the City Engineer. Violations of a Public Right-of-Way Permit shall be subject to the permit revocation procedures set forth in Chapter 12, Article 1, Division 3.
(B) Removal of on-street parking spaces to construct active
sidewalks shall comply with the following:
(i) On-street accessible parking spaces provided in
accordance with Title 24 of the California Code of
Regulations (California Building Standards Code) shall
not be removed for the construction of active
sidewalks.
(ii) Outside of the Coastal Overlay Zone, removal of on-
street parking spaces shall not be the basis of denial of
a Public Right-of-Way Permit for active sidewalks,
except as provided in 141.0621(c)(3)(B)(i).
(iii) Within the Coastal Overlay Zone and outside of the
Beach Impact Area of the Parking Impact Overlay
Zone, removal of on-street parking spaces shall not be
the basis of denial of a Public Right-of-Way Permit for
an active sidewalk, except as provided in
141.0621(c)(3)(B)(i).
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(iv) Within both the Coastal Overlay Zone and the Beach Parking Impact Area, all on-street parking removed to construct an active sidewalk shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public either on the same premises as the business proposing the active sidewalk, or off-premises through shared parking in accordance with Section 142.0545.
(C) Prior to issuance of a Public Right-of-Way Permit for an active
sidewalk, the applicant shall provide evidence of general
liability insurance naming the City of San Diego as additional
insured, which shall remain in effect during the operation of
the active sidewalk.
(D) Alcohol, food, or beverages shall not be served or allowed
within the active sidewalk before 7:00 a.m. and after
10:00 p.m. Sunday through Thursday, before 7:00 a.m. and
after 11:00 p.m. Friday through Saturday.
(E) Active sidewalks located within 150 feet of an adjacent
residential use shall not serve or allow alcohol, food or
beverages within the active sidewalk before 7:00 a.m. and after
9:00 p.m. Sunday through Thursday, and before 7:00 a.m. and
after 10:00 p.m. Friday through Saturday and the day prior to a
City Holiday.
(F) Live entertainment is not allowed within an active sidewalk
unless a Conditional Use Permit is granted in accordance with
Process Three and the Conditional Use Permit is in accordance
with the provisions of Chapter 3, Article 3, Division 15. The
Public Right-of-Way Permit permit holder for the active
sidewalk shall provide a noise impact analysis to the City for
consideration before approval of the Conditional Use Permit.
The noise impact analysis shall be prepared by a qualified
acoustical engineer and shall evaluate noise and vibration
impacts to the surrounding neighborhood. A Conditional Use
Permit shall not be granted for live entertainment before
8:00 a.m. and after 9:00 p.m. Sunday through Thursday, and
before 9:00 a.m. and after 10:00 p.m. Friday through Saturday.
(G) All programming along active sidewalks shall be in accordance
with the Special Events Ordinance, Chapter 2, Article 2,
Division 40.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(H) Smoking and vaping shall not be permitted within the active
sidewalk. For purposes of this Section, the terms smoke,
smoking, vape, and vaping have the same meanings as in San
Diego Municipal Code Section 43.1001.
(I) Active sidewalks shall comply with all State of California
Department of Alcoholic Beverage Control license
requirements, as applicable.
(J) Active sidewalks shall comply with the sound level limits of
the adjacent use in accordance with Chapter 5, Article 9.5,
Division 4.
(K) The Public Right-of-Way Permit permit holder shall be responsible for maintaining the active sidewalk. Maintenance shall include, but not be limited to, posting of the name, phone number, and email address of the person responsible for the active sidewalk in a location visible from the public right-of- way, keeping the active sidewalk free of litter, and preventing litter attributable to the active sidewalk from entering adjacent properties and the public right-of-way.
(4) Design Requirements:
Active sidewalks shall be designed in accordance with the Spaces as
Places Design Manual and meet the following regulations to the
satisfaction of the City Engineer:
(A) Permanent expansion of the curb line for an active sidewalk
into the parking lane starting at the corner or in the middle of
the street shall be designed to the satisfaction of the City
Engineer.
(B) The length of an active sidewalk shall be at least 54 feet.
(C) The design and placement of street furniture, trees, and
plantings on an active sidewalk shall not impede pedestrian
flow, or be placed within 10 feet from an intersection to avoid
interfering with visibility area, emergency operations, or sight
lines, to the satisfaction of the City Engineer.
(D) The placement of the name and type of the associated
establishment on umbrellas shall be permitted. Other signs
shall not be permitted on an active sidewalk.
Ch. Art. Div. 14 1 6 60
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(E) Active sidewalks shall be designed in accordance with current
Storm Water standards.
(F) Active sidewalks shall be designed in accordance with the
Spaces as Places Design Manual, Street Design Manual, and
all applicable engineering standards.
(G) The Gaslamp Quarter Planned District Design Guidelines shall
apply to active sidewalks within the Gaslamp Quarter Planned
District.
(5) Active sidewalks shall comply with all State and Federal accessibility requirements.
(6) The exclusive use of a portion of an active sidewalk for outdoor
dining, including fixed or moveable furniture placed closer to the
adjacent eating and drinking establishment or closer to the adjacent
travel lane within the active sidewalk, is allowed so long as:
(A) The accessible path of travel is a paved sidewalk that is at least
5 feet wide, the width identified in the applicable adopted land
use plan, or the width required by the applicable zone or
planned district, whichever width is greater;
(B) 42-inch-high railing is provided along the active sidewalk
facing the travel lane when seating for outdoor dining is placed
adjacent to the street travel lane;
(C) No horizontal or vertical structure is placed above 42 inches
from the surface of the active sidewalk except for stanchions
needed to provide lighting; and
(D) The portion of the active sidewalk used for outdoor dining
remains open to public during all non-operational hours.
(7) Deviation Process
A deviation from the requirements in Section 141.0621(c) may be
permitted with a Neighborhood Use Permit decided in accordance
with Process Two, as follows:
Ch. Art. Div.
14 1 6 61
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(A) The applicant shall identify any requirement in Section
141.0621(c) where a deviation is being requested and shall
specify why the deviation is necessary.
(B) Deviations related to the following shall not be granted:
(i) Addition of an overhead structure;
(ii) Storm Water requirements;
(iii) Hours of operation;
(iv) Engineering standards; and
(v) Accessibility requirements. (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 10-2-2014 by O-20408 N.S.; effective 11-1-2014.) (Retitled from “Sidewalk Cafes” to “Sidewalk Cafes, Streetaries, and Active Sidewalks” and amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.) (Amended 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)
[Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]
§141.0622 Sports Arenas and Stadiums¶
Sports arenas and stadiums are structures for sporting, entertainment and assembly uses. Sports arenas and stadiums 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) Bulk and Scale
(1) The design of the structures shall incorporate a variety of architectural
elements that help to diminish building bulk.
Ch. Art. Div. 14 1 6 62
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(2) The design of the structure shall incorporate architectural elements
that help to transition building scale if the structures are located
adjacent to development that is smaller in scale with less intensity as
identified in the applicable land use plan.
(b) Access
(1) Pedestrian paths shall connect to public rights-of-way, transit stations,
transit stops, plazas, or other public spaces.
(2) The development shall provide Transit and Active Transportation
Infrastructure as outlined in Community Plan Mobility Elements listed
in the Land Development Manual Appendix Q.
(c) Parking
(1) At grade and above grade parking structures shall be screened with
landscaping, building wraps, or an architectural screen so they are not
visible from the public rights-of-way, private drives, plazas, or other
public spaces.
(2) Parking facilities may provide both on-site and off-site shared parking
to minimize the number of on-site parking facilities.
(d) Storage, Service, and Loading Areas
(1) All storage, service, and loading 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, public rights-of-way, private
driveways, plazas, or other public spaces.
(e) Sports arenas and stadiums included as part of an adopted specific plan are
exempt from the requirement to obtain a Conditional Use Permit if they
comply with all the regulations in Section 141.0622(a) through (d).
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
[Editors Note: Amendments as adopted by O-21836 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-21836-SO.pdf ]
Ch. Art. Div.
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§141.0623 Theaters That Are Outdoor or over 5,000 Square Feet in Size¶
Theaters that are outdoor or over 5,000 square feet in size 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) Off-street parking shall be provided at a level sufficient to serve the facility
without impacting adjacent or nearby property. Within the beach impact area
of the Parking Impact Overlay Zone, off-street parking shall be provided at a
ratio not less than one parking space for every three fixed seats or one space
for every 21 sq ft of gross floor area where there are no fixed seats.
(b) Hours of operation shall be limited so that neighboring development is not
disturbed by noise and lights.
(c) A litter control plan shall be required to keep the facility and adjacent
property free of litter.
(d) All storage, service, and repair areas shall be located on the site so that they
are not visible from adjacent development and public rights-of-way.
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective
1-1-2000.)
§141.0624 Urgent Care Facilities¶
Urgent care facilities that are designed or used to provide medical services on a walk- in or emergency care basis that operate outside of standard business hours. Urgent care facilities 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 Section 141.0624(a).
(a) Limited Use Regulations
(1) Ambulance services are not permitted.
(2) Overnight patients are not permitted.
(3) Urgent care facilities located adjacent to residentially zoned property
shall remain closed between the hours of 12:00 midnight and 6:00 a.m.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(4) Within the beach impact area of the Parking Impact Overlay Zone, off-
street parking shall be provided at a ratio of no less than one parking
space for every 250 square feet of gross floor area.
(Added 3-1-2006 by O-19467 N.S.; effective 8-10-2006.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
[Editors Note: Amendments as adopted by O-21836 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-21836-SO.pdf ]
§141.0625 Veterinary Clinics and Animal Hospitals¶
Veterinary clinics and animal hospitals 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) General Rules
(1) Veterinary clinics and animal hospitals are not permitted in
agricultural zones in Proposition A Lands, except as an accessory use
within a zoological park, or within floodplains located in the Coastal
Overlay Zone.
(2) Veterinary clinics and animal hospitals shall be operated and
maintained in accordance with the health and sanitation regulations for
health regulated businesses in Chapter 4, Article 2, Division 7
(Animals and Poultry).
(3) Veterinary clinics and animal hospitals shall be maintained in a
sanitary condition to minimize the impacts of odors on surrounding
development.
(b) Limited Use Regulations
(1) Veterinary clinics and animal hospitals shall not be located on a
premises that is identified as Prime Industrial Land in a land use plan.
(2) Outdoor exercise areas are not permitted as a limited use, except as an
accessory use within a zoological park.
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(3) Off-street parking shall be provided in accordance with
Table 142-05E.
(4) Deviations from Section 141.0625(b) may be permitted with a
Neighborhood Use Permit decided in accordance with Process Two.
(c) Neighborhood Use Permit Regulations
(1) Noise emanating from the facility shall be kept at minimum levels
through the following methods:
(A) Limitations on the number of animals permitted in exterior
areas at any one time;
(B) Limitations on the hours that animals are permitted in exterior
areas;
(C) Locating exterior boarding and exercise areas on those portions of the site where noise impacts on surrounding development will be minimized;
(D) The use of walls or fences to minimize noise impacts to
surrounding development; and
(E) Sound-proofing of interior kennel areas.
(2) Exterior boarding, training, and exercise facilities shall be screened
from adjacent development by a 6-foot solid fence or wall.
(Added 12-9-1997 by O-18451 N.S)
(Amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)
(Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006; renumbered from
141.0624 to 141.0625 with no change in text.)
(Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
(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.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
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§141.0626 Zoological Parks¶
Zoological parks 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) Zoological parks are not permitted within floodplains located in agriculturally
zoned areas of the Coastal Overlay Zone.
(b) Structures and parking areas shall be placed on the site so that they are either
located away from public rights-of-way or screened by solid fencing or
landscaping from view from public rights-of-way.
(c) 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.)
(Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006; renumbered from
141.0625 to 141.0626 with no change in text.)
§141.0627 Adult Day Care Facility¶
Adult Day Care Facilities are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Table in Chapter 13, Article 1 (Base Zones) subject to the following regulations.
(1) Adult Day Care Facilities are not permitted on sites designated as Prime
Industrial Lands in a land use plan.
(2) Adult Day Care Facilities are not permitted in agricultural zones in
Proposition A Lands.
(3) Adult Day Care Facilities shall comply with all applicable state laws.
(4) Adult Day Care Facilities are not permitted within 1,000 feet of any known
business that:
(A) Has or is required to have a permit from the County of San Diego
Hazardous Materials Division, excluding underground fuel storage
tanks, and handles regulated substances above the Threshold Quantity
as listed in the California Code of Regulations, Title 19
Section 2770.5;
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(B) Handles compressed flammable gases in excess of 1,500 pounds.
(5) The 1,000 foot separation distance shall be measured from the property line of
the proposed Adult Day Care Facility to the use, storage, or handling areas for
the regulated substances. Businesses may satisfy the separation requirements
on-site. The Adult Day Care Facility operator has the burden of proof of
demonstrating compliance with the separation requirement.
(6) Within the Coastal Overlay Zone, an Adult Day Care Facility shall be
permitted only on previously-developed sites that are not developed with open
space or agricultural uses as identified in Section 131.0112.
(“Adult Day Care Facility” added 2-1-2021 by O-21288 N.S.; effective 3-3-2021.)
§141.0628 Outdoor Dining on Private Property¶
The permanent use of a private property for outdoor dining is 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) Permit Requirements:
(1) Written permission from the record owner of the premises is required.
(2) A Building Permit shall be obtained in accordance with Chapter 12,
Article 9, Division 2.
(3) The Building Permit permit holder shall be responsible for
maintaining the outdoor dining area. Maintenance shall include
posting of the name, phone number, and email address of the party
responsible for the outdoor dining area in a location visible from the
public right-of-way, keeping the outdoor dining area free of litter, and
preventing litter attributable to the outdoor dining area from entering
adjacent properties, in alleys, or within the public right-of-way.
(4) The use of an alley for the purposes of outdoor dining shall not be
permitted.
(5) Removal of required off-street parking spaces to construct outdoor
dining on private property shall comply with the following:
(A) Off-street parking spaces that are accessible in accordance with
Title 24 of the California Code of Regulations (California
Building Standards Code) shall not be removed for the
construction of outdoor dining on private property.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(B) Outside of a Sustainable Development Area, off-street parking
spaces shall not be removed for the construction of outdoor
dining on private property unless they are in excess of the
minimum number of parking spaces required by Chapter 14,
Article 2, Division 5.
(C) Within a Sustainable Development Area and outside of the
Coastal Overlay Zone, removal of off-street parking spaces
shall not be the basis of denial of the permit for outdoor dining
on private property, except as provided in 141.0628(a)(5)(A).
(D) Within both a Sustainable Development Area and the Coastal
Overlay Zone, the following regulations apply:
(i) Outside of the Beach Impact Area of the Parking Impact Overlay Zone, off-street parking spaces in excess of the minimum number of spaces required by Chapter 14, Article 2, Division 5 may be removed for the construction of outdoor dining on private property. All parking required by Chapter 14, Article 2, Division 5 that is removed for the construction of outdoor dining on private property shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public through shared parking in accordance with Section 142.0545. (ii) Within the Beach Impact Area of the Parking Impact Overlay Zone, all off-street parking spaces removed to construct outdoor dining on private property shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public through shared parking in accordance with Section 142.0545.
(6) The hours of operation of the outdoor dining operations shall be
limited to the hours that the kitchen facilities of the associated eating
and drinking establishment are open for meal ordering. Alcohol, food,
or beverages shall not be served or permitted within the outdoor dining
area before 7:00 a.m. and after 10:00 p.m. Sunday through Thursday,
and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and
the day prior to a City Holiday.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(7) Outdoor dining located within 150 feet of an adjacent residential use
shall not serve or allow alcohol, food, or beverages within the outdoor
dining area before 7:00 a.m. and after 9:00 p.m. Sunday through
Thursday, before 7:00 a.m. and after 10:00 p.m. Friday through
Saturday.
(8) Outdoor dining shall comply with the sound level limits of the
associated eating and drinking establishment in accordance with
Chapter 5, Article 9.5, Division 4.
(9) Live entertainment is not allowed within outdoor dining areas unless a
Conditional Use Permit is granted in accordance with Process Three
and provided that the Conditional Use Permit is in accordance with the
provisions of Chapter 3, Article 3, Division 15. The Building Permit
permit holder for Outdoor Dining area shall provide a noise impact
analysis to the City for consideration before approval of the
Conditional Use Permit. The noise impact analysis shall be prepared
by a qualified acoustical engineer and shall evaluate noise and
vibration impacts to the surrounding neighborhood. A Conditional Use
Permit shall not be granted for live entertainment before 8:00 a.m. and
after 9:00 p.m. Sunday through Thursday, and before 9:00 a.m. and
after 10:00 p.m. Friday through Saturday.
(b) Design Requirements:
(1) Outdoor dining on private property shall be delineated by a barrier
from the off-street parking spaces by a railing, fence, or a combination
of railing and fence, and planter boxes that are at least 3 feet in height.
Solid walls are not permitted.
(A) The barrier may be either permanently installed or moveable. If
it is moveable, it shall be affixed to a sidewalk while the eating
and drinking establishment is open for business.
(B) Awnings or umbrellas may be used in conjunction with an area
for eating and drinking but shall not be used as a permanent
roof or shelter over the area for eating and drinking.
(2) Outdoor dining on private property shall be designed and operated so
that it may be used by people of all abilities by complying with all of
the following:
(A) The surface of the outdoor dining area shall be level and have a running slope and a cross slope that do nt exceed 2 percent (1 unit vertical in 48 units horizontal).
Ch. Art. Div. 14 1 6 70
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(B) The outdoor dining area shall not be located on a raised
platform or in a sunken area, unless an accessible ramp is
provided in accordance with the California Building Code, or
the Americans with Disabilities Act, whichever provides
greater accessibility.
(C) At least one wheelchair accessible seating space shall be
provided for every 20 seats, or portion thereof.
(D) When multiple wheelchair accessible seating spaces are
provided, they shall be distributed and integrated within the
outdoor dining area.
(E) Wheelchair accessible seating spaces shall have a minimum
unobstructed maneuverability dimension of 30 inches in width
by 48 inches in depth.
(F) Access to designated wheelchair seating spaces shall be
provided through an accessible path with not less than
36 inches unobstructed width.
(3) Base Zone regulations for setbacks, and minimum lot coverage, and
emergency access in accordance with the California Fire Code shall
apply.
(“Outdoor Dining on Private Property” added 11-23-2021 by O-21391 N.S.;
effective 1-6-2022.)
(Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
[Editors Note: Amendments as adopted by O-21836 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-21836-SO.pdf ]
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
§141.0629 Promenade¶
For the purposes of this Section, a promenade is defined as the partial or complete street closure to vehicular traffic to facilitate active transportation uses such as walking, biking, recreation, outdoor dining, and enjoyable public interaction. Promenades enhance pedestrian safety, encourage non-motorized transportation and foster neighborhood interaction and outdoor activities, increasing the likelihood that more pedestrians will travel by foot or bicycle. Within the Coastal Overlay Zone, promenades shall not be permitted along streets that are adjacent to exclusively residential uses. A promenade initiated by the City shall not be subject to the additional requirements of this Section.
(a) The following uses and other similar uses shall be permitted within a
promenade:
(1) Recreational amenities in accordance with Section 129.0710(d).
(2) Artworks.
(3) Outdoor Dining in accordance with Section 141.0621.
(4) Farmers Markets in accordance with Section 141.0503.
(b) Permit Requirements:
(1) The creation of a promenade may be initiated by any applicant.
(A) For a promenade initiated by a public agency, prior to the
installation of any furniture or improvements in the public
right-of-way and prior to operation of a promenade, the
applicant shall obtain a Public Right-of-Way Permit in
accordance with Section 129.0710(d), and a plan for
maintenance shall be provided to the satisfaction of the
Transportation Director. Violations of a Public Right-of-Way
Permit shall be subject to the permit revocation procedures set
forth in Chapter 12, Article 1, Division 3.
(B) For a promenade initiated by a private applicant, prior to the
installation of any furniture or improvements in the public
right-of-way and prior to operation of a promenade, the
applicant shall obtain a Public Right-of-Way Permit in
accordance with Section 129.0710(d) and an Encroachment
Maintenance and Removal Agreement in accordance with
Section 129.0715. Violations of a Public Right-of-Way Permit
shall be subject to the permit revocation procedures set forth in
Chapter 12, Article 1, Division 3.
Ch. Art. Div. 14 1 6 72
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(C) For a promenade where the public right-of-way lies within one ownership for the entirety of the promenade, the applicant shall obtain a public right-of-way vacation in accordance with Chapter 12, Article 5, Division 9 prior to installation of any furniture or improvements in the public right-of-way and prior to operation of a promenade.
(2) For promenades that remove on-street parking spaces the following
shall apply:
(A) On-street accessible parking spaces provided in accordance
with Title 24 of the California Code of Regulations (California
Building Standards Code) shall not be removed for the
construction of promenades.
(B) Outside of Coastal Overlay Zone, removal of on-street parking
spaces shall not be the basis of denial of a Public Right-of-Way
Permit for promenades, except as provided in
141.0629(b)(2)(A).
(C) Within the Coastal Overlay Zone and outside of the Beach
Impact Area of the Parking Impact Overlay Zone, removal of
on-street parking spaces shall not be the basis of denial of a
Public Right-of-Way permit for promenade, except as provided
in 141.0629(b)(2)(A).
(D) Within both the Coastal Overlay Zone and the Beach Parking
Impact Area, all on-street parking removed to construct a
promenade shall be replaced with an equivalent number of off-
street parking spaces provided at no cost to the public either on
the same premises as the business(es) proposing the
promenade, or off-premises through shared parking in
accordance with Section 142.0545.
(3) Full access for emergency service vehicles shall be provided at all
times to ensure public health and safety to the satisfaction of the City
Engineer.
(4) All programming of activities within the promenade shall be in
accordance with the Special Events Ordinance, Chapter 2, Article 2,
Division 40.
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San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(5) Smoking and vaping shall not be permitted within the promenade. For
purposes of this Section, the terms smoke, smoking, vape, and vaping
have the same meanings as set forth in San Diego Municipal Code
Section 43.1001.
(6) A promenade shall comply with all State of California Department of
Alcoholic Beverage Control license requirements, as applicable.
(7) The promenade shall comply with the sound level limits of adjacent
uses in accordance with Chapter 5, Article 9.5, Division 4.
(8) The Gaslamp Quarter Planned District Design Guidelines shall apply
to a promenade located within the Gaslamp Quarter Planned District.
(9) The Public Right-of-Way Permit permit holder shall be responsible for
maintaining the promenade. Maintenance shall include, but not be
limited to, posting of the name, phone number, and email address of
the person responsible for the promenade in a location visible from the
public right-of-way, keeping the promenade area free of litter, and
preventing litter attributable to the promenade from entering adjacent
properties within the public right-of-way.
(c) Design requirements:
(1) The design and placement of street furniture, trees, and plantings
along a promenade shall not impede pedestrian flow.
(2) The placement of the name and type of the associated establishment
on umbrellas shall be permitted. Other signs shall not be permitted on
a promenade.
(3) The design of a promenade shall be in conformance with current
Federal and State accessibility guidelines.
(4) The design of a promenade shall be in accordance with current storm
water standards.
(5) Promenades shall be designed in accordance with the Spaces as Places
Design Manual.
(6) The Gaslamp Quarter Planned District Design Guidelines shall apply
to a promenade located within the Gaslamp Quarter Planned District.
Ch. Art. Div. 14 1 6 74
San Diego Municipal Code Chapter 14: General Regulations (3-2026)
(c) Exclusive use of a section of the promenade for outdoor dining shall comply
with the following:
(1) Alcohol, food, or beverages shall not be served or permitted within the promenade before 7:00 a.m. and after 10:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday;
(2) Outdoor dining within 150 feet of an adjacent residential use shall not
serve or allow alcohol, food, or beverages within the promenade
before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday, and
before 7:00 a.m. and after 10:00 p.m. Friday through Saturday; and
(3) The portion of the promenade used for outdoor dining remains open to
public during all non-operational hours.
(“Promenade” added 11-23-2021 by O-21391 N.S.; effective 1-6-2022.)
(Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.)
Ch. Art. Div.
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San Diego Municipal Code Chapter 14: General Regulations (10-2024)
Article 1: Separately Regulated Use Regulations
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