Overrule Process
San Diego Municipal Code § 132.1555
in effect§132.1555 Overrule Process
(a) An applicant may request a decision from the City Council to overrule a determination of inconsistency made by the Airport Land Use Commission in accordance with the consistency determination process in Section 132.1550. Any decision by the City Council to overrule a determination of inconsistency requires a Planning Commission recommendation and two City Council hearings as follows:
(1) The City Council shall hold a public hearing to propose a decision to overrule a determination of inconsistency made by the Airport Land Use Commission;
(2) The Planning Commission shall hold a public hearing to provide a recommendation on the City Council’s proposed decision to overrule the determination of inconsistency with Site Development Permit Sections 126.0505(a) and 132.1555(d), in accordance with Process Five; and
(3) The second City Council hearing shall be a final decision to overrule the determination of inconsistency. The findings required for approval will be the general findings for Site Development Permits in Section 126.0505(a), and the findings for a proposed decision to overrule the Airport Land Use Commission’s determination in Section 132.1515(d).
(b) As part of the hearing to overrule the Airport Land Use Commission, the City Council shall only consider the proposed overrule action and shall not consolidate this action with other development permits, maps, or other approvals associated with the development.
(c) A Notice of Request for Overrule Hearing and a Notice of Public Hearing shall be provided in accordance with Section 112.0311.
(d) A proposed decision to overrule the Airport Land Use Commission’s determination shall be made by a minimum two-thirds vote of the City Council and shall be supported by the following findings:
(1) The proposed development will not be detrimental to the public health, safety, and welfare;
(2) The proposed development will minimize the public’s exposure to excessive noise and safety hazards to the extent feasible; and
(3) The proposed development will meet the purpose and intent of the California Public Utilities Code Section 21670.
(e) A City Council proposed decision to overrule the determination of inconsistency and the findings shall be provided to the Airport Land Use Commission, California Department of Transportation, Division of Aeronautics, and the airport operators for the airport influence areas in which the development is located.
(f) A City Council hearing to make a final decision to overrule the Airport Land Use Commission shall be scheduled at least 45 days from the date that the proposed decision and findings are provided pursuant to Section 132.1555(e). A final decision to overrule the determination of inconsistency shall include consideration of any comments received by from the Airport Land Use Commission and the California Department of Transportation, Division of Aeronautics. A final decision to overrule the determination of inconsistency shall be made by a minimum of two-thirds vote.
(“Overrule Process” added 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (Amended 12-17-2021 by O-21380 N.S.; effective 1-16-2022.) (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22109 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-22109-SO.pdf ]
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter13/Ch13Art02Division15.pdf#page=115Fetched: 10/28/2026