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Separately Regulated Uses

San Diego Municipal Code § 156.0315
in effect
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§156.0315 Separately Regulated Uses (a) On-Site Alcohol Beverage Sales The sale of alcoholic beverages for on-site consumption is permitted by right at bona-fide eating establishments and craft beverage producers. Despite Section 56.54(b), the sale of alcoholic beverages by a City lessee for on-site consumption within public parks located in the Downtown Community Plan area is permitted by right. Non bona-fide eating establishments, bars, assembly and entertainment uses, outdoor activities, and other similar commercial establishments of 5,000 square feet or greater, that provide alcoholic beverages for on-site consumption, shall obtain a Neighborhood Use Permit in accordance with Process Two. (b) Off-Site Alcohol Beverage Sales The sale of alcoholic beverages for off-site consumption shall be permitted as an accessory use subject to the following regulations and permits, in addition to applicable state and local regulations: (1) Establishments offering alcoholic beverages for off-site consumption shall be required to obtain a Conditional Use Permit in accordance with Process Three, and shall be subject to the following regulations, except as provided in Section 156.0315(b)(2): (A) No wine or distilled spirits shall be sold in containers of less than 750 milliliters. (B) No malt beverage products shall be sold in quantities of less than a six-pack of 12-ounce bottles or other containers totaling a minimum of 64 ounces. (C) No alcoholic beverages shall be sold except between the hours of 10:00 a.m. and 10:00 p.m. (D) After conducting a public hearing, the Hearing Officer may approve exceptions to 156.0315(b)(1)(A) through (C) for establishments that are 25,000 square feet or greater, provide on-site security staff during all hours of operation, and dedicate no more than 10 percent of the retail floor area to the display of alcoholic beverages, upon making the following findings: (i) The request for an exception was provided in the public notice for the hearing; and (ii) The proposed use and operations are compatible with existing and planned surrounding land uses. (2) Craft beverage producers offering alcoholic beverages manufactured by the licensee for off-site consumption are permitted, subject to the following regulations: (A) The craft beverage producer shall provide for on-site consumption of the products produced by the licensee. (B) If alcohol manufacturing occurs on the premises, off-site consumption sales shall be an accessory use to either the alcohol manufacturing operations or to a bona-fide eating establishment with made-to-order food available during all hours of operation. (C) If alcohol manufacturing does not occur on the premises, the gross floor area of the craft beverage producer shall not exceed 5,000 square feet. (D) No malt beverage, wine, or similar products shall be sold in less than 16.9-ounce quantities. No distilled spirits shall be sold in less than 750 ml bottles. (E) Off-site sales under this provision shall be limited to between the hours of 10:00 a.m. and 10:00 p.m. An exception to these hours may be approved through a Conditional Use Permit in accordance with Process Three upon making the findings in Section 156.0315(b)(1)(D)(i) through (ii). (c) Live entertainment The provision of live entertainment shall comply with Chapter 3, Article 3, Division 15 of the San Diego Municipal Code, as applicable, and shall be subject to the following additional regulations and permits: (1) Any establishment may offer non-amplified performances by live musicians or similar performers as an accessory use up to 11:00 p.m., if the performance is not audible outside of the establishment. (2) Any establishment offering amplified performances within an enclosed building by live musicians or disc jockeys, or offering patron dancing, shall obtain a Conditional Use Permit in accordance with Process Three. (A) If located upon or adjacent to a premises containing residential land uses, the establishment shall provide a noise impact analysis to the decision maker for consideration before approval of the Conditional Use Permit. The noise impact analysis shall be prepared by a qualified acoustical engineer and shall evaluate potential noise and vibration impacts to the surrounding neighborhood. (3) Hotels and motels offering live entertainment in an area completely enclosed within the building and accessed solely through the lobby area are not subject to Section 156.0315(c)(1) or (2), if the live entertainment is not audible outside of the building. (4) Live entertainment located outside of an enclosed building (A) Establishments offering live entertainment outside of an enclosed building shall obtain a Conditional Use Permit in accordance with Process Three. The establishment shall provide a noise impact analysis to the decision maker 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. (5) Sound and amplification equipment associated with live entertainment shall conform to the noise abatement and control regulations of Chapter 5, Article 9.5 of this Code. (6) The programming of multiple Special Events, as defined in Section 22.4003, including live entertainment, within a promenade in the Centre City Planned District may be permitted with a single annual Special Events Permit, as defined in Section 22.4003. (d) Outdoor Use Areas Outdoor Use Areas are subject to the following regulations: (1) The hours of operation of an Outdoor Use Area shall be limited to no later than 10:00 p.m. Sunday through Thursday, and no later than 11:00 p.m. Friday through Saturday. (2) Smoking and vaping is not permitted with an Outdoor Use Area, at any time. For the purpose of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in Section 43.1001. (3) Any establishment with an Outdoor Use Area located above the ground-level and/or that is greater than 2,000 square feet in area shall obtain a Neighborhood Use Permit in accordance with a Process Two. (e) Living Units. Living unit developments are permitted in the zones indicated in Table 156-0308-A subject to the following regulations: (1) Each living unit must have at least 150 square feet of net floor area. The average size of all living units may not exceed 350 square feet. When a living unit exceeds 400 square feet in area, existing underlying zone density and parking standards for a one bedroom apartment unit apply. (2) The maximum occupancy for a living unit is two persons. (3) Kitchen facilities with at least a kitchen sink, garbage disposal, counter top, refrigerator, and microwave oven or cook-top is required in every living unit. (4) A complete bathroom is not required in every living unit. However, a private toilet must be provided and be screened from the remainder of the unit. (5) Each living unit that is not provided with a private shower or bathtub must be served by a shared shower or bathtub. Shared bathing facilities must be provided at a ratio of at least one facility for every five units, or fraction thereof, which lack private bathing facilities. Each shared bathing facility must be on the same floor as the units it is intended to serve, must be directly accessible from a common area or hallway, and must have an interior lockable door. (6) Each living unit must be pre-wired for phone and cable television service. (7) Each living unit development shall include common interior space at a ratio of 5 square feet per living unit, with a minimum of 200 square feet per development or per individual common interior space if multiple spaces are provided with a single development. The indoor space shall be furnished to allow for meetings, indoor recreation (active or passive), or entertainment. (8) Each living unit development shall contain one living unit occupied by a resident manager. (9) Each living unit development shall contain either: (A) a front desk with a full view of the entry area, staffed 24 hours a day, seven days a week; or (B) an operational outdoor entry intercom system connected to the manager’s unit and each living unit. (10) Parking shall be provided in accordance with Section 156.0313. All required parking for the living unit development shall be available to residents only. (11) Each living unit occupancy and rent, exclusive of the manager’s unit or units, shall be restricted to those persons with household income at or below 80 percent of area median income as published by the California Department of Housing and Community Development for San Diego County, as adjusted for a one-person household. The development owner shall enter into an agreement with the City of San Diego Housing Commission for the review and enforcement of such restrictions for a period of at least 55 years. (12) Relocation Requirements: Living units are subject to the regulations contained in Chapter 14, Article 3, Division 5 of this Code for Single Room Occupancy (SRO) hotels. The San Diego Housing Commission shall be responsible for enforcement of the tenant notice relocation assistance requirements. (13) Living unit developments are not required to comply with the residential development requirements of Section 156.0310(g). (f) Historical Resources All development proposals that may result in the alteration of an historical resource, or any site containing a structure over 45 years in age, shall be reviewed as provided in Chapters 11 through 14 of the Land Development Code. (1) Minor Alterations Minor alterations (as defined in Section 143.0250) to an historical resource shall be reviewed in accordance with Chapter 14, Article 3, Division 2 of the Land Development Code. Development that steps back a minimum of 15 feet from the building façade of a historical resource and is consistent with the Secretary of the Interior’s Standards and Guidelines shall be considered a minor alteration for the purposes of this review. (2) Substantial Alterations Substantial alterations (as defined in Section 143.0250) to an historical resource shall be reviewed in accordance with Chapter 14, Article 3, Divisions 2 and 3 of this Code and all other relevant provisions of this Code, and shall comply with all historical resources mitigation measures listed in Appendix A of the Downtown Community Plan. (g) Historical Buildings Occupied by Uses Not Otherwise Allowed Historical buildings occupied by uses not otherwise allowed may be permitted with a Conditional Use Permit in accordance with Process Three subject to the following regulations: (1) The building must be designated as a historical resource by the City of San Diego Historical Resources Board before approval of the Conditional Use Permit. (2) The use of the historical building shall be compatible with the uses in the surrounding area or shall be consistent with the purpose for which the building was originally designed. To minimize detrimental effects to neighboring properties, any separately regulated uses in a historical building shall comply with the regulations in Section 156.0315 (Centre City Planned District Ordinance Separately Regulated Uses) and Chapter 14, Article 1 (Separately Regulated Use Regulations). (3) The historical building shall be preserved, restored, rehabilitated, reconstructed, or maintained in its original historical appearance in accordance with Chapter 14, Article 3, Division 2. (4) Any facilities that are constructed as part of the new use shall be designed to be similar in scale and style with the historical use, and cause no more than a minor alteration to the historical building in accordance with Historical Resources Regulations unless the development is approved through a Site Development Permit or Neighborhood Development Permit in accordance with Chapters 11 through 14. (h) Reasonable Accommodations The requirements of this Article may be waived, modified, or excepted if necessary to afford disabled persons equal housing opportunities in accordance with Section 131.0466. (Amended 9-7-2007 by O-19664 N.S; effective 10-7-2007.) (Amended 5-6-2010 by O-19947 N.S; effective 6-5-2010.) (Amended 12-7-2011 by O-20117 N.S.; effective 1-6-2012.) (Amended 5-15-2014 by O-20368 N.S.; effective 6-14-2014.) [Editors Note: Amendments as adopted by O-19947 N. S., O-20117 N. S. and O-20368 N. S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies them as Local Coastal Program Amendments. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-20368-SO.pdf ] (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 1-27-2022 by O-21416 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21619 N.S.; effective 5-6-2023.) [Editors Note: Amendments as adopted by O-21619 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-21619-SO.pdf ] (Amended 7-22-2024 by O-21837 N.S.; effective 10-5-2024.) [Editors Note: Amendments as adopted by O-21837 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-21837-SO.pdf ] (Amended 6-15-2026 by O-22110 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22110 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-22110-SO.pdf ] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] [image omitted; see the official PDF] (Amended 9-7-2007 by O-19664 N.S; effective 10-7-2007.) (Amended 12-7-2011 by O-20117 N.S.; effective 1-6-2012.) (Amended 6-26-2012 by O-20176 N.S.; effective 7-26-2012.) (Amended 5-16-2013 by O-20257 N.S.; effective 6-12-2013.) (Amended 2-26-2013 by O-20351 N.S.; effective 5-16-2014.) (Amended 5-15-2014 by O-20368 N.S.; effective 6-14-2014.) [Editors Note: Amendments as adopted by O-20117 N. S., O-20176 N. S, O-20351 and O-20368 N.S will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies them as Local Coastal Program Amendments. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-20176-SO.pdf http://docs.sandiego.gov/municode_strikeout_ord/O-20351-SO.pdf ] http://docs.sandiego.gov/municode_strikeout_ord/O-20368-SO.pdf ] (Amended 3-23-2016 by O-20611 N.S.; effective 12-7-2016.) (Amended 6-21-2019 by O-21084 N.S.; effective 8-8-2019.) [Editors Note: Amendments as adopted by O-21084 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-21084-SO.pdf ] (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 8-12-2020 by O-21224 N.S.; effective 11-1-2020.) (Amended 12-9-2020 O-21271 N.S.; effective 1-8-2021.) [Editors Note: Amendments as adopted by O-21271 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-21271-SO.pdf ] (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 3-7-2023 by O-21619 N.S.; effective 5-6-2023.) [Editors Note: Amendments as adopted by O-21619 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-21619-SO.pdf ] (Amended 7-22-2024 by O-21837 N.S.; effective 10-5-2024.) [Editors Note: Amendments as adopted by O-21837 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-21837-SO.pdf ] (Amended 12-18-2024 by O-21905 N.S.; effective 2-6-2025.) (Amended 6-15-2026 by O-22110 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22110 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-22110-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/MuniCodeChapter15/Ch15Art06Division03.pdf#page=83Fetched: 10/28/2026

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