San Diego Municipal Code Div. 2 Permits and Procedures

(“Permits and Procedures” added 3-27-2007 by O-19589 N.S.)

The City Manager shall not issue any permit for the installation of fixtures or equipment, or for the erection, construction, conversion, establishment, alteration, or enlargement of any building, structure or improvement, or for the occupancy of any building or structure in any portion of the Mission Beach Planned District until a Mission Beach Planned District Permit has been obtained from the City Manager by the applicant or owner. Each application for a permit shall state therein the purpose for which the proposed building, structure, or improvement is used. (“Mission Beach Planned District Permit” added 3-27-2007 by O-19589 N.S.; effective 4-26-2007.)

(a) Process Three – Hearing Officer

An application for a Conditional Use Permit for the uses listed below, may be
approved, conditionally approved or denied by a Hearing Officer in
accordance with Process Three and Land Development Code Chapter 12,
Article 6, Division 3 (Conditional Use Permit Procedures), subject to the
development regulations in Land Development Code Chapter 14, Article 1.
The Hearing Officer's decision may be appealed to the Planning Commission
in accordance with Land Development Code Section 112.0506.

(1) Public and private schools for academic, artistic, and vocational
instruction.

(2) Churches, temples or buildings of a permanent nature and used
primarily for religious purposes.

(3) Teaching of the fine arts including, but not limited to: music, drawing,
painting, sculpture, drama and dancing.

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San Diego Municipal Code Chapter 15: Planned Districts (8-2012)

(4) Residential care homes for 7 or more aged or mentally disordered or
otherwise handicapped persons or dependent or neglected children and
which are licensed by the State of California..

(5) Parking lots for nonresidential uses in residential and commercial
subdistricts.

(6) The following uses may be permitted in any Commercial Subdistrict,
except as specified in Sections 1513.0202(a)(6)(D), (F) and (G).

(A) Automobile service station.

(B) Buildings, structures, and uses operated by a public utility or
by a public body having the power of eminent domain.

(C) Drive-in or drive-thru offices, retail facilities, and
food-handling establishments and services, including those
providing pre-prepared food and "fast-food" services.

(D) Residential structures with a maximum of 6 dwelling units for any development qualifying and approved for housing assistance under programs administered by the Housing Authority of the City of San Diego or similar programs. The number of dwelling units on any lot shall not exceed the maximum permitted density in the applicable Residential or Commercial Subdistricts.

(E) Laboratories for medical, dental or general research,
development or testing.

(F) Residential, commercial, industrial and institutional uses in and
on historical resources in all Residential and Commercial
Subdistricts.

(G) Video arcades limited to the Visitor Commercial Subdistricts
only.

The Hearing Officer shall consider the following criteria when
approving, conditionally approving or denying an application
for a conditional use permit for a video arcade.

(i) The video arcade is so constructed that it mitigates for
adverse noise.

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(ii) The facility will be adequately supervised during hours
of operation.

(iii) Hours of operation shall be restricted to be consistent
with the surrounding uses.

(iv) Adequate lavatory facilities will be provided.

(v) Bicycle racks are provided within 25 feet of the video
arcade.

(b) Process Four – Planning Commission

An application for a Conditional Use Permit for amusement and entertainment
enterprises such as amusement parks, all types of theatres, playhouses,
swimming pools, skating rinks and dance halls limited to the Visitor
Commercial Subdistrict only, may be approved, conditionally approved or
denied by the Planning Commission in accordance with Process Four.
(“Conditional Use Permit” added 3-27-2007 by O-19589 N.S.; effective 4-26-2007.)
(Amended 10-18-2010 by O-19999 N.S.; effective 8-9-2012.)

No permit for any development or redevelopment on any lot abutting the Ocean Front Walk public right of way or any public right of way may be issued, unless the owner obtains a permit in accordance with Land Development Code Chapter 12, Article 9, Division 7 (Public Right-of-Way Permits) for any existing or proposed encroachments into the public right of way. (“Encroachments/Ocean Front Walk” added 6-26-2012 by O-20175 N.S.; effective 8-9-2012 Former Section 1513.0203 repealed.)

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San Diego Municipal Code Chapter 15: Planned Districts (2-2025)

Article 13: Mission Beach Planned District

(“Mission Beach Planned District” added 3-27-2007 by O-19589 N.S.)