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Institutional Use Category--Separately Regulated Uses

San Diego Municipal Code ch. 14, art. 1, div. 4
in effect

San Diego Municipal Code § 141.0401 Airports

§141.0401 Airports Airports 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) Airports are not permitted within floodplains located in agriculturally zoned areas of the Coastal Overlay Zone. (b) The applicant shall submit a master development plan for the facility, a public facilities program, a noise impact analysis, and a noise abatement plan to the decision maker for consideration before approval of the Conditional Use Permit. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

San Diego Municipal Code § 141.0402 Botanical Gardens and Arboretums

§141.0402 Botanical Gardens and Arboretums Botanical gardens and arboretums 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) The design of any structures shall incorporate a variety of architectural elements that help to diminish building bulk. (b) Structures and parking areas shall be located on the site away from surrounding development that is smaller in scale and less intense. (c) Irrigation and stormwater runoff shall be managed in a manner that protects surrounding development from harmful pollutants, including fertilizer and insecticide. (d) A water reclamation plan is required before approval of the permit. (e) Off-street parking shall be provided in accordance with Table 142.05F. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

San Diego Municipal Code § 141.0403 Cemeteries, Mausoleums, and Crematories

§141.0403 Cemeteries, Mausoleums, and Crematories Cemeteries, mausoleums, and crematories 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) Cemeteries, mausoleums, and crematories are not permitted in agricultural zones in Proposition A Lands or within floodplains located in agriculturally zoned areas of the Coastal Overlay Zone. (b) Crematories are permitted only within cemeteries. (c) The design of the structures shall incorporate a variety of architectural elements that help to diminish building bulk. (d) Structures and parking areas shall be located on the site away from surrounding development that is smaller in scale and less intense. (e) Irrigation and stormwater runoff shall be managed in a manner that protects surrounding development from harmful pollutants, including fertilizer and insecticide. (f) A water reclamation plan is required before approval of the permit. (g) Off-street parking shall be significant to serve the facility without impacting adjacent or nearby property. (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.)

San Diego Municipal Code § 141.0405 Satellite Antennas

§141.0405 Satellite Antennas Satellite antennas are permitted as a limited use subject to Section 141.0405(b), and may be permitted with a Neighborhood Use Permit subject to Section 141.0405(c), or with a Conditional Use Permit decided in accordance with Process Three subject to Section 141.0405(d). (a) Exemption. The following satellite antennas are exempt from Sections 141.0405 and 141.0420: (1) Satellite antennas that are 5 feet in diameter or smaller; and (2) In industrial zones, satellite antennas that are accessory uses. (b) Limited Use Regulations. Satellite antennas that exceed 5 feet in diameter are permitted as a limited use in zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations: (1) Satellite antennas are not permitted within the MHPA. (2) Satellite antennas are not permitted on premises that have been designated as historical resources. (3) Satellite antennas shall not exceed 10 feet in diameter. (4) Ground-mounted satellite antennas shall not exceed 15 feet in structure height. (5) Ground-mounted satellite antennas shall not be located in the street yard, front yard, or street side yard of a premises. (6) Satellite antennas shall not be light-reflective. (7) Satellite antennas shall not have any sign copy on them nor shall they be illuminated. (8) Ground-, roof-, and pole-mounted satellite antennas shall be screened by fencing, buildings, or parapets that appear to be an integral part of the building, or by landscaping so that not more than 25 percent of the antenna height is visible from the grade level of adjacent premises and adjacent public right-of-way. (c) Neighborhood Use Permit Regulations. Proposed satellite antennas that do not comply with Section 141.0405(b) may be permitted with a Neighborhood Use Permit subject to the following regulations: (1) Satellite antennas are not permitted within the MHPA. (2) Satellite antennas are not permitted on premises that have been designated as historical resources. (3) Satellite antennas shall not exceed 10 feet in diameter. (4) Satellite antennas shall not be light reflective. (5) Satellite antennas shall not have any sign copy on them nor shall they be illuminated. (6) The visual impacts of the antenna to adjacent premises and adjacent public rights-of-way shall be minimized by the positioning of the antenna on the premises and the use of landscaping or other screening. (d) Conditional Use Permit Regulations. Except where exempt in accordance with Section 141.0405(a)(2), satellite antennas that exceed 10 feet in diameter may be permitted only with a Conditional Use Permit decided in accordance with Process Three subject to the following regulations: (1) Satellite antennas are not permitted within the MHPA. (2) Satellite antennas are not permitted on premises or its appurtenances that have been designated as historical resources. (3) The visual impacts of the antenna to adjacent premises and adjacent public rights-of-way shall be minimized by the positioning of the antenna on the premises and the use of landscaping or other screening. (Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.) (Amended 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

San Diego Municipal Code § 141.0406 Correctional Placement Centers

§141.0406 Correctional Placement Centers Correctional placement centers, including work furlough and probationary residential facilities, 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) Correctional placement centers are not permitted in any of the following locations: (1) Within the beach impact area of the Parking Impact Overlay Zone; (2) Within 1/4 mile of any type of residential care facility, social service institution, welfare institution, or similar type of facility, measured from property line to property line in accordance with Section 113.0225; (3) Within 1 mile of another correctional placement center, measured from property line to property line in accordance with Section 113.0225; (4) Within 1,000 feet of a school, library, public park, or recreation area, measured from property line to property line in accordance with Section 113.0225; or (5) Within 600 feet of a property zoned for residential development, measured from property line to property line in accordance with Section 113.0225. (b) The center shall provide a minimum of 60 square feet of sleeping space per bed, not including closet space, storage space, multipurpose rooms, bathrooms, dining rooms, and halls. There shall be no more than 64 beds per sleeping space. (c) The center shall provide a minimum of 10 square feet of multi-purpose space per bed, not including sleeping space and kitchen areas, for games and activities, dining, visiting, television lounge, meetings, and quiet space for study, counseling and reading. This space shall be designed so that several activities can occur simultaneously without conflict. (d) The center shall provide a minimum of 8 cubic feet of closet and drawer space for clothing and personal belongings per bed. The required closet and drawer space may consist of portable or permanent fixtures and shall be located in the sleeping space. (e) The center shall provide a minimum of 15 square feet of dining area for each resident, not including kitchen areas and sleeping space. Centers may have food prepared off the premises if the preparation source meets all applicable requirements for commercial food service. The center shall provide adequate equipment and staff to receive and serve the food and clean up. The center shall provide and maintain adequate equipment for in-house preparation, storage, and service of food in case the residents elect to do so. For centers that have food prepared on the premises, the preparation source shall meet all applicable requirements for commercial food services and shall have equipment and staff necessary to receive, store, serve, and prepare meals and to clean up. (f) The center shall provide at least one toilet and wash basin for every eight beds. At least one shower or bathtub shall be provided for every 12 beds. The center shall provide for individual privacy in all toilet, shower, and bath areas. (g) The center shall make laundry facilities available to all residents. The center shall provide at least one operable washer and dryer for every 16 beds, or the center may be serviced by a commercial laundry. The space used for laundry purposes shall not be part of an area used for storage of anything other than clean linens and other supplies normally associated with laundry activities. (h) Centers that have 99 or fewer residents shall provide an exercise area of at least 900 square feet, not including required yards and required landscape areas. Centers that have 100 or more residents shall have an exercise area of at least 2,400 square feet, not including required yards and required landscape areas. If an outdoor exercise area is provided, it shall be easily accessible to residents, protected from traffic, and screened by solid fencing from the public right-of-way. (i) The center shall provide the following number of off-street parking spaces: (1) At least one parking space per staff person assigned to the shift that has the greatest number of staff persons; and (2) For centers confining up to 24 persons, at least one parking space for every four beds or for centers confining 25 or more persons, at least one parking space for every seven beds. (j) At least two uniformed custodial guards or monitors who are CPR-qualified shall be on duty at the center at all times. (k) Centers confining 25 or more persons shall provide at least one additional uniformed custodial guard or monitor for each 64 beds, or portion thereof, to be on duty between the hours of 4:00 p.m. and 8:00 a.m. during the week and during all hours on the weekend. (l) The center shall maintain a list of all residents accommodated during the past 6 months and shall provide their sentence/offense analysis available upon request. (m) The center shall maintain records of all vehicles being driven by residents of the facility and shall provide the records upon request. (n) All personnel shall be trained in accordance with selection and training requirements adopted by the Board of Corrections as set forth in the California Code of Regulations, Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 and all other requirements outlined in Title 15. A Certificate of Compliance issued by an institute accredited by the State Board of Corrections shall be submitted to the City Manager. (o) Adult offenders housed in correctional placement centers shall be regularly employed, regularly attending job training, or regularly attending a learning institution. The sentencing judge may determine that other similar circumstances qualify an offender for housing in a correctional placement center. (p) No person convicted of any of the offenses listed in Table 141-04A, which are defined in the California Penal Code, may be ordered by any court into a City of San Diego Correctional Placement Center. This prohibition shall apply if the court order is a direct sentence or the placement is a condition of probation, regardless of whether the offense is a felony or misdemeanor. The Correctional Placement Center shall not accept or lodge any such person improperly placed by a court. Table 141-04A Excludable Offenses No. | Offenses 1. | Murder 2. | Vehicular manslaughter 3. | Voluntary manslaughter 4 | Mayhem 5. | Kidnaping 6. | Robbery (including bank robbery) 7. | Assault with intent to rape or rob 8. | Assault with a deadly weapon on a peace officer 9. | Rape 10. | Forcible sodomy 11. | Lewd act on a child 12. | Forcible oral copulation 13. | Forcible penetration by foreign object No. | Offenses 14. | Arson 15. | Grand theft using a firearm 16. | Assault by a life prisoner on a non-inmate 17. | Assault with a deadly weapon by an inmate 18. | Holding of a hostage by a prisoner 19. | Personal use of a deadly weapon 20. | Personal use of a firearm 21. | Personal infliction of great bodily injury 22. | Exploding a destructive device with intent to injure 23. | Exploding a destructive device with intent to murder 24. | Exploding a destructive device with intent to cause mayhem or great bodily injury 25. | Selling and/or furnishing drugs to a minor 26. | Sale or possession for sale of a controlled substance 27. | Any felony punishable by death or life imprisonment 28. | An attempt to commit any of the crimes listed, except assaults 29. | Any sex offense, either a misdemeanor or a felony, wherein the victim is a child under the age of 18, including all offenses registerable as sex offenses under California Penal Code section 290, and also offenses involving child pornography as described in California Penal Code sections 311 through 312.3 30. | Any person convicted of a crime whom the sentencing judge deems unacceptable for community access 31. | Any person sentenced for a federal crime that is similar in nature or type, to any of the crimes listed. (Amended 6-12-2001 by O-18948 N.S.; effective 12-12-2001.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)

San Diego Municipal Code § 141.0407 Educational Facilities--Schools for Kindergarten to Grade 12, Colleges/Universities, and Vocational/Trade Schools

§141.0407 Educational Facilities--Schools for Kindergarten to Grade 12, Colleges/Universities, and Vocational/Trade Schools Educational facilities are facilities that are designed or used to provide specialized training or education. This section distinguishes between kindergarten to grade 12 schools, colleges and universities, and vocational schools and trade schools. Educational facilities are permitted by right in zones indicated with a “P”, 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. (a) Permanent development associated with educational facilities is not permitted in agricultural zones in Proposition A Lands or within floodplains located in the Coastal Overlay Zone. (b) Schools for Kindergarten to Grade 12 (1) This use category applies to schools that provide instruction to children enrolled in any grade kindergarten to grade 12. (2) Schools for kindergarten to grade 12 are not permitted on a premises that is identified as Prime Industrial Land in a land use plan. (3) Limited use regulations. Schools for kindergarten to grade 12 are permitted as limited uses in zones indicated by an “L” subject to the following: (A) Outside of a Sustainable Development Area, the facility design shall not accommodate more than 300 students, except that a new school may replace an existing school with current enrollment over 300 students if the result is no increase in the number of students. (B) Within a Sustainable Development Area, the facility design shall not accommodate more than 600 students, except that a new school may replace an existing school with current enrollment over 600 students if the result is no increase in the number of students. (C) Parking shall be provided in accordance with Table 142-05G. (D) Deviations from Section 141.0407(b)(3)(A) or (B) may be permitted with a Conditional Use Permit decided in accordance with Process Three and subject to the conditional use regulations in Section 141.0407(b)(5). (4) One-on-one teaching facilities with a maximum capacity of 50 students that provide education for children enrolled in grades 6 through 12 in a traditional office building are permitted by right in locations where business and professional offices are a permitted use in zones indicated with a “P”, except that such facilities are not permitted where in conflict with Section 141.0407(e)(1). (5) Conditional use regulations. Schools for kindergarten to grade 12 are permitted as conditional uses in zones indicated by a “C” subject to the following: (A) The applicant shall provide a master development plan that includes the following: (i) The student capacity of the campus; (ii) The size, number, and location of all proposed facilities; (iii) The pedestrian and traffic circulation systems proposed for the site; (iv) A transportation and parking development program; and (v) A development phasing schedule. (B) The design of the structures shall incorporate architectural elements that help to diminish building bulk. (C) Larger structures, areas with high levels of activity, and parking areas shall be located on the site away from surrounding development that is smaller in scale or less intense. (D) Off-street parking shall be provided in accordance with Table 142-05G. (c) Colleges/Universities (1) Colleges and universities are facilities that provide post secondary education or higher in a campus setting where the campus typically has at least one of the following accessory activities or facilities: intercollegiate athletics, fraternities and sororities, student clubs, student unions, student dormitories, a campus library, or other campus facilities to accommodate a large assembly of people. (2) Conditional use regulations. Colleges and universities are permitted as conditional uses in zones indicated by a “C” subject to the following: (A) Colleges and universities are not permitted on a premises that is identified as Prime Industrial Land in a land use plan, except as otherwise allowed in accordance with Section 141.0407(e). (B) Colleges and universities are subject to the conditional use criteria applicable to schools for kindergarten to grade 12 in Section 141.0407(b)(5). (C) Access to colleges and universities shall be as direct as possible from freeways and primary arterials and shall avoid residential streets. (D) Colleges and universities that provide education in a traditional office building without any extracurricular facilities of a traditional post secondary educational facility are permitted by right where business and professional offices are permitted uses in zones indicated with a “P”. However, this type of educational facility is not permitted on a premises that is identified as Prime Industrial Land in a land use plan, except as otherwise allowed in accordance with Section 141.0407(e). (d) Vocational and Trade Schools (1) Vocational schools are facilities that offer instruction and practical introductory experience in skilled trades such as mechanics, carpentry, plumbing, or construction with training that emphasizes the skills and knowledge needed for a particular job. Trade schools are facilities organized by an industry or a large corporation to provide training, apprentice education, and similar courses. (2) Limited use regulations. Vocational schools and trade schools are permitted as limited uses in zones indicated by an “L” subject to the following: (A) Vocational schools and trade schools are not permitted on a premises that is identified as Prime Industrial Land in a land use plan, except as otherwise allowed in accordance with Section 141.0407(e). (B) Off-street parking shall be provided in accordance with Table 142-05G. (e) Educational Facilities on Prime Industrial Land (1) Schools for kindergarten to grade 12 are not permitted on a premises identified as Prime Industrial Land in a land use plan. (2) Educational facilities that are limited to the instruction of adults may be permitted on a premises identified as Prime Industrial Land in a land use plan if: (A) The primary emphasis of the educational facility is instruction in subjects incidental to manufacturing and industrial uses; or (B) A Process Two Neighborhood Development Permit is granted in accordance with Section 126.0402 for a proposed educational facility that would be located in an existing office building that is not suitable for manufacturing or research and development due to the lack of loading docks/roll up doors and insufficient height clearance on the first floor (floor to ceiling height less than 14 feet). (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (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.) (Retitled to “Educational Facilities--Schools for Kindergarten to Grade 12, Colleges/Universities, and Vocational/Trade Schools” and 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.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

San Diego Municipal Code § 141.0408 Energy Generation and Distribution Stations

§141.0408 Energy Generation and Distribution Stations Energy generation and distribution stations 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) Activities involving aerial transmissions are not permitted. (b) All mechanical equipment and all storage areas shall be located within an enclosed building. (c) The design of the structures shall incorporate architectural elements that help to minimize conflicts in scale with surrounding development. (d) Service areas and parking areas shall be buffered from adjacent development that is not of a similar nature. (e) Fences, walls, trees and other forms of landscaping shall be used to minimize visibility of structures from adjacent public rights-of-way or adjacent residential development. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

San Diego Municipal Code § 141.0409 Exhibit Halls and Convention Facilities

§141.0409 Exhibit Halls and Convention Facilities Exhibit halls and convention facilities 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) Exhibit halls and convention facilities are not permitted within floodplains located in agriculturally zoned areas of the Coastal Overlay Zone. (b) The proximity and capacity of freeways, primary arterials, and major streets will be used to determine the appropriate size and intensity of the proposed facility. (c) Off-street parking shall be provided in accordance with Table 142-05G. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-16-2012 by O-20216 N.S.; effective 12-16-2012.)

San Diego Municipal Code § 141.0410 Flood Control Facilities

§141.0410 Flood Control Facilities Flood control 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. (a) Flood control facilities are permitted only for essential public projects where it has been determined that there is no feasible, less environmentally damaging location or alternative. (b) Flood control facilities are permitted only when mitigation measures have been provided to minimize adverse environmental effects. (c) Any encroachment or disturbance to environmentally sensitive lands is subject to Chapter 14, Article 3, Division 1 (Environmentally Sensitive Lands). (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

San Diego Municipal Code § 141.0411 Historical Buildings Occupied by Uses Not Otherwise Allowed

§141.0411 Historical Buildings Occupied by Uses Not Otherwise Allowed Historical buildings occupied by uses not otherwise allowed 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) In Proposition A Lands, a Conditional Use Permit shall not be approved for historical buildings occupied by uses not otherwise allowed. (b) 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. (c) The use of the 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. In order to minimize detrimental effects to neighboring properties, any proposed separately regulated uses in a historical building shall comply with the applicable regulations in Chapter 14, Article 1 (Separately Regulated Use Regulations). (d) The site shall be maintained in, or restored to, its original or historical appearance, in accordance with Chapter 14, Article 3, Division 2 (Historical Resources Regulations). (e) 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, in accordance with Chapter 14, Article 3, Division 2 (Historical Resources Regulations). (f) Hours of operation shall be limited to conform to hours of normal activity in the neighborhood. (g) The decision maker may waive or modify the base zone regulations for maximum floor area ratio. (h) The decision maker may waive or modify the requirements for off-street parking and landscaping. The applicant may be required to preserve existing mature landscaping. (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.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

San Diego Municipal Code § 141.0412 Homeless Facilities

§141.0412 Homeless Facilities (a) Section 141.0412 applies to the following homeless facilities. (1) Congregate meal facilities: Any facility that provides scheduled meals on a daily basis for individuals or families who are homeless or low income or very low income, as defined in Section 113.0103. (2) Homeless day centers: Any facility that provides basic services, including personal hygiene, information and referral, employment, mail, and telephone services, during daylight hours to homeless persons. (b) Congregate Meal Facilities Congregate meal facilities 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. (1) No more than one congregate meal facility may be permitted within 1/4 mile of an emergency shelter, a homeless day center, or another congregate meal facility, measured from property line to property line in accordance with Section 113.0225. (2) Overnight accommodations are not permitted. (3) Drive-up or drive-through service is not permitted. (4) Live entertainment is not permitted. (5) Distribution or consumption of alcoholic beverages on the premises is not permitted. (6) The facility shall provide a waiting area for clients to prevent queuing into the public right-of-way. The size of the waiting area shall be at least 5 square feet per client, based on the maximum number of clients the facility can accommodate according to Fire Department standards. Any outdoor waiting area shall be physically separated from the public right-of-way. (7) The facility shall provide off-street parking at a rate of 1 space per full-time-equivalent employee, calculated at 8 hours of working time per employee per 24-hour period. (8) Hours of operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (9) All activities associated with the facility, including the serving of food and beverages, shall occur within an enclosed building. (10) The applicant shall submit the following materials to the decision maker for consideration: (A) A communications plan that describes how the provider will communicate with local community, neighborhood, and business organizations, and with adjacent neighbors on a regular basis, and how community issues or concerns will be addressed; (B) A plan to minimize loitering in the vicinity of the facility; and (C) A litter control plan to provide for the removal of litter in the vicinity of the facility on a regular basis. (c) Homeless Day Centers Homeless day centers 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. (1) No more than one homeless day center may be permitted within 1/4 mile of an emergency shelter, a congregate meal facility, or another homeless day center, measured from property line to property line in accordance with Section 113.0225. (2) Overnight accommodations and meals for transients are not permitted. (3) The center shall provide off-street parking at a rate of at least 1 space per full-time-equivalent employee, calculated at 8 hours of working time per employee per 24-hour period. (4) Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m. (5) The center shall provide on-site supervision at all times. At least one staff member shall be located on the premises 24 hours per day. (6) The applicant shall submit the following materials to the decision maker for consideration: (A) A communications plan that describes how the provider will communicate with local community, neighborhood, and business organizations, and with adjacent neighbors on a regular basis, and how community issues or concerns will be addressed; (B) A plan to minimize loitering in the vicinity of the facility; and (C) A litter control plan to provide for the removal of litter in the vicinity of the facility on a regular basis. (Amended 7-31-2001 by O-18965 N.S.; effective outside the Coastal Overlay Zone on 8-30-2001; effective within the Coastal Overlay Zone on 12-12-2001.) (Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.) (Amended 8-4-2016 by O-20704 N.S.; effective 8-27-2016.) (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 ]

San Diego Municipal Code § 141.0413 Hospitals

§141.0413 Hospitals Hospitals may be permitted with a Process Four Conditional Use Permit 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) These facilities are not permitted in agricultural zones in Proposition A Lands or within floodplains located in the Coastal Overlay Zone. (b) The design of the structures shall incorporate a variety of architectural elements that help to diminish building bulk. (c) The location of larger structures, areas of high activity, and parking areas shall be planned to minimize impacts to surrounding development that is smaller is scale and less intense. (d) Access to the site shall be as direct as possible from freeways, primary arterials, and major streets and shall avoid residential streets. (e) Off-street parking shall be provided in accordance with Table 142-05G. (f) All storage, service, and repair areas shall be located on the premises or screened 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.) (Amended 4-8-2008 by O-19734 N.S; effective 5-8-2008.) (Amended 11-16-2012 by O-20216 N.S.; effective 12-16-2012.) (Retitled from “Hospitals, Intermediate Care Facilities, and Nursing Facilities” to “Hospitals” and amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

San Diego Municipal Code § 141.0414 Interpretive Centers

§141.0414 Interpretive Centers Interpretive centers are structures or facilities designed to inform and educate the public about the surrounding environment. Interpretive centers 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) The design of the structures shall incorporate a variety of architectural elements that help diminish building bulk. (b) The location of larger structures, areas of high activity, and parking areas shall be planned to minimize impacts to surrounding development that is smaller in scale and less intense. (c) Off-street parking shall be provided in accordance with Table 142-05G. (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 11-16-2012 by O-20216 N.S.; effective 12-16-2012.)

San Diego Municipal Code § 141.0415 Museums

§141.0415 Museums Museums may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations. (a) The design of the structures shall incorporate a variety of architectural elements that help to diminish building bulk. (b) The location of larger structures, areas of high activity, and parking areas shall be planned to minimize impacts to surrounding development that is smaller is scale and less intense. (c) Off-street parking shall be provided in accordance with Table 142-05G. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-16-2012 by O-20216 N.S.; effective 12-16-2012.)

San Diego Municipal Code § 141.0416 Major Transmission, Relay, or Communication Switching Systems

§141.0416 Major Transmission, Relay, or Communication Switching Systems These facilities may be permitted with a Conditional Use Permit decided in accordance with Process Three in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations. (a) The structures shall be located on the site so that visibility from adjacent public rights-of-way or adjacent residential development is minimized. (b) Fences, walls, trees and other forms of landscaping shall be used to screen structures from adjacent public rights-of-way or adjacent residential development. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

San Diego Municipal Code § 141.0417 Social Service Institutions

§141.0417 Social Service Institutions Social Service Institutions 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) The design of the structures shall incorporate a variety of architectural elements that help to diminish building bulk. (b) The location of larger structures, areas of high activity, and parking areas shall be planned to minimize impacts to surrounding development that is smaller in scale and less intense. (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.)

San Diego Municipal Code § 141.0418 Solar Energy Systems

§141.0418 Solar Energy Systems (a) This Section regulates small rooftop solar energy systems and other solar energy systems, which are collectively referred to as solar energy systems, except where specifically distinguished herein. Nothing in this Section grants any deviation from the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1) or Historic Resource Regulations (Chapter 14 Article 3, Division 2). (1) Small rooftop solar energy systems are devices or structural design features of a building, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electric generation, or water heating, which are not larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal, and are installed on a single dwelling unit or duplex development. (2) Other solar energy systems are any other solar energy system devices or structural design features of a building, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electric generation, or water heating that are not within the scope of a small rooftop solar energy system described in Section 141.0418(a)(1). (b) Solar energy systems 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. The regulations are intended to facilitate the use of renewable energy technology to attain environmental and energy goals and comply with state law related to small rooftop solar energy systems, to provide for timely administrative approvals, and to allow an applicant to appeal a denial to the Planning Commission. (1) A construction permit decided in accordance with Process One shall be required for the installation of a solar energy system, in accordance with the following: (A) An Electrical Permit is required for a solar energy system. A Combination Building Permit and Electrical Permit is required if the scope of work also includes the development of a new structure or requires structural modifications to an existing structure to support the solar energy system. (B) The construction permit application shall be submitted in accordance with Sections 112.0102 and 129.0105. (C) Within a planned district (subject to Land Development Code Chapter 15), a separate Planned District Ordinance Permit shall not be required in addition to the construction permit required for a solar energy system pursuant to Section 141.0418(b)(1). (2) Solar energy systems are exempt from the regulations requiring undergrounding of utilities and from the screening requirements of Section 142.0910. (3) Solar energy systems as an accessory use are permitted to encroach into required yards and the angled building envelope plane as follows: (A) Solar energy systems may encroach into required side yards and rear yards where securely attached to a previously conforming structure or other structure that is permitted to project or encroach into the required setback or angled building envelope plane in accordance with Section 131.0461. Stand alone solar energy systems may encroach into required side yards and rear yards in compliance with Section 131.0461. (B) Within the Mission Beach Planned District Ordinance, proposed encroachment of a solar energy system shall comply with Section 1513.0304(d). (4) Solar energy systems shall comply with all applicable height limits, except that solar panels may be added to a previously conforming structure that does not conform to the existing height limit of the Coastal Height Limit Overlay Zone (Section 132.0505) or the Clairemont Mesa Height Limit Overlay Zone (Section 132.1305), if the proposed solar panels do not exceed the height of the existing structure, in accordance with the California Solar Rights Act. (c) Small Rooftop Solar Energy Systems Permit Review (1) In reviewing a construction permit application for a small rooftop solar energy system, the Building Official shall evaluate only whether the small rooftop solar energy system meets applicable health and safety requirements of local, state, and federal law. (2) The Building Official shall administratively approve the small rooftop solar energy system, unless the small rooftop solar energy system would exceed the height requirements set forth in Section 141.0418(b)(4), or the Building Official determines there is substantial evidence of a specific, adverse impact upon the public health and safety, which for the purpose of Section 141.0418(c) means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete, and there is no feasible method or alternative to satisfactorily mitigate or avoid the specific, adverse impact. (3) If the Building Official determines that the proposed small rooftop solar energy system could have a specific, adverse impact upon the public health and safety, then the Building Official shall make written findings notifying the applicant that the permit for the small rooftop solar energy system is denied, the basis for that denial in accordance with Section 141.0418(c)(2), and the appeal rights set forth in Section 141.0418(c)(4). The applicant shall be responsible for all administrative costs associated with processing the appeal. (4) Applicant Appeal Process. Notwithstanding Section 112.0504, an applicant may appeal the denial of an application for a small rooftop solar energy system to the Planning Commission by filing an application for a Process Two appeal hearing with the City Manager no later than 12 business days after the decision date. The application shall include the contents for appeal identified in Section 112.0510(a). (A) Grounds for Appeal. A denial may only be appealed on the grounds that the stated findings to deny the construction permit are not supported by substantial evidence. (B) Scheduling an Appeal Hearing. The City Manager shall assign a date for an appeal hearing before the Planning Commission no later than 10 calendar days after the date on which an application for the appeal hearing is filed with the City Manager. The appeal hearing shall generally be held within 60 calendar days following the filing of the application for the hearing. (C) Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the decision to deny a small rooftop solar energy system in accordance with the following: (i) A decision to affirm the Building Official decision shall require a finding based on substantial evidence in the record that the proposed small rooftop solar energy system could have a specific, adverse impact upon the public health and safety. (ii) If the Planning Commission determines that there is not substantial evidence that the small rooftop solar energy system could have a specific, adverse impact upon the public health and safety, then the decision shall be reversed and the construction permit shall be approved. (iii) If the Planning Commission determines that conditions of approval would mitigate the specific, adverse impact upon the public health and safety, then the decision shall be reversed and the construction permit shall be conditionally approved. Any conditions imposed shall mitigate at the lowest cost possible, which generally means the permit conditions shall not cause an increase in the cost of the small rooftop solar energy system by more than 10 percent or decrease the efficiency of the small rooftop solar energy system by more than 10 percent. (“Solar Energy Systems” added 8-7-2015 by O-20555 N.S.; effective 9-6-2015.)

San Diego Municipal Code § 141.0419 Electric Vehicle Charging Stations

§141.0419 Electric Vehicle Charging Stations Electric vehicle charging stations are facilities that supply electric energy for the recharging of electric vehicles as defined in Section 86.0151(a). Nothing in Section 141.0419 grants any deviation from the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1) or Historic Resource Regulations (Chapter 14, Article 3, Division 2). Electric vehicle charging stations 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. The regulations are intended to facilitate the use of electric vehicle charging stations and to comply with state law requirements for timely administrative approvals and allow an applicant to appeal a denial of an application of a construction permit for an electric vehicle charging station. (a) A construction permit decided in accordance with Process One shall be required for the installation of an electric vehicle charging station. (1) An Electrical Permit shall be required for the installation of an electric vehicle charging station. (2) A Building Permit may be required if alterations will be made to an existing structure or to modify or relocate an existing disabled accessible parking space serving the premises. (3) The construction permit application shall be submitted in accordance with Sections 112.0102 and 129.0105. (4) Within a planned district (subject to Land Development Code Charter 15), a separate Planned District Ordinance Permit shall not be required in addition to the construction permit required pursuant to Section 141.0419. (b) In reviewing the construction permit, the Building Official shall evaluate only whether the electric vehicle charging station meets all applicable health and safety requirements of local, state, and federal law and shall apply the following general regulations: (1) Electric vehicle supply equipment shall be listed and labeled by an approved nationally recognized testing laboratory. (2) Electric vehicle charging stations may encroach into setbacks where off-street parking spaces are permitted. (3) Existing landscaping shall not be removed if it is required pursuant to the Landscape Regulations (Chapter 14, Article 2 Division 4), unless it is replaced with equivalent or greater landscape elsewhere on the premises. (4) The applicant shall demonstrate that an electric vehicle charging station on private property will accommodate a vehicle to be charged while parked without protruding into the public right-of-way. (5) Electric vehicle charging stations located within the public right-of-way shall comply with Section 86.0151. (c) The Building Official shall approve, in accordance with Process One, the electric vehicle charging station unless the Building Official determines there is substantial evidence of a specific adverse impact upon the public health or safety, which for the purpose of Section 141.0419(c) means a significant quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, and there is no feasible method or alternative to satisfactorily mitigate or avoid the specific, adverse impact. (d) If the Building Official determines that the proposed electric vehicle charging station could have a specific, adverse impact upon public health or safety, then the Building Official shall make written findings notifying the applicant that the construction permit for the electric vehicle charging station is denied, the basis for that denial, and the appeal rights set forth in Section 141.0419(e). The applicant shall be responsible for all administrative costs associated with processing the appeal. (e) Notwithstanding Section 112.0504, an applicant may appeal the denial of an application for a construction permit for an electric vehicle charging station to the Planning Commission by filing an application for a Process Two appeal hearing with the City Manager no later than 12 business days after the decision date. The application shall include the contents for appeal identified in Section 112.0510(a). (1) Grounds for Appeal. A denial may only be appealed on the grounds that the stated findings to deny the construction permit are not supported by substantial evidence. (2) Scheduling an Appeal Hearing. The City Manager shall assign a date for an appeal hearing before the Planning Commission no later than 30 calendar days after the date on which an application for the appeal hearing is filed with the City Manager. (3) Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the decision to deny an electric vehicle charging station in accordance with the following: (A) A decision to affirm the Building Official decision requires a finding based on substantial evidence in the record that the proposed electric vehicle charging station would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. In addition, the finding shall include the basis for rejection of potential feasible alternatives to prevent the adverse impact. (B) If the Planning Commission determines that there is not substantial evidence in the record that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety, then the decision shall be reversed and the construction permit shall be approved. (C) If the Planning Commission determines that conditions of approval would mitigate the specific, adverse impact upon the public health or safety, then the decision shall be reversed and the construction permit shall be conditionally approved. Any conditions imposed shall mitigate at the lowest cost possible. (“Electric Vehicle Charging Stations” added 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)

San Diego Municipal Code § 141.0420 Wireless Communication Facilities

§141.0420 Wireless Communication Facilities Wireless communication facilities shall comply with the approval process set forth in Section 141.0420(a) through (c) as applicable to the development. All wireless communication facilities are subject to the general regulations in Section 141.0420(d), the general design requirements in Section 141.0420(e) and the Wireless Communication Facilities Guidelines in the Land Development Manual. Section 141.0420 does not apply to amateur (HAM) radio communication facilities. (a) Limited Use Regulations Wireless communication facilities are permitted as a limited use decided in accordance with Process One as follows: (1) In commercial and industrial zones on a premises that does not contain residential development; (2) For collocation of wireless communication facilities in any zone on existing monopoles that does not increase the area occupied by the antennas by more than 100 percent of the originally approved wireless communication facilities and does not increase the area occupied by an outdoor equipment enclosure more than 150 square feet beyond the originally approved wireless communication facilities; (3) In the public right-of-way provided that the wireless communication facility is a small cell wireless communication facility as defined in Section 141.0420(a)(3)(A) below. (A) A small cell wireless communication facility is a wireless communication facility on or concealed within a streetlight pole with a cobra arm mounted working luminaire that meets the following requirements: (i) The wireless communication facility is attached to an existing, replacement, or new streetlight pole that is standard for the proposed location and complies with the applicable guidelines in the Land Development Manual; the antennas and associated equipment do not exceed a total of 28 cubic feet, and no part of the wireless communication facility extends more than 24 inches from the streetlight pole in any direction; except that if the antenna is top-mounted, the antenna or any material concealing the antenna may extend vertically up to 48 inches above the highest point of the cobra arm. (ii) The wireless communication facility includes a new streetlight pole, within which all of the associated equipment is completely concealed, that is consistent with the streetlight poles located within the same block, or if there are no streetlight poles in the same block, the blocks adjacent to the proposed location; that complies with the applicable guidelines in the Land Development Manual; that has a diameter that does not exceed 18 inches at any point; and that does not include any visible antennas that exceed 24 inches in any dimension. (B) A wireless communication facility that includes any ground-mounted equipment other than the pole to which the equipment is attached or is concealed within is not a small cell wireless communication facility. (4) An eligible facilities request, the approval of which is required by 47 U.S.C. § 1455 (2018), as may be amended, is permitted as a limited use in any zone, notwithstanding any other provision of the San Diego Municipal Code, subject to the following: (A) For the purposes of Section 141.0420(a)(4), italicized terms have the same meaning as in 47 C.F.R. § 1.6100(b) (2019), as may be amended. (B) Failure to assert in writing at the time an application is filed that the application is an eligible facilities request shall result in the application being processed pursuant to the regulations that would otherwise be applicable in the absence of 47 U.S.C. § 1455 (2018). (C) An application for modification of an eligible support structure that involves the installation of more than four additional equipment cabinets shall not be considered a substantial change to the physical dimensions of the eligible support structure, provided that all of the equipment cabinets are completely concealed within the eligible support structure, and there is no change to the physical dimensions of the eligible support structure itself. (5) Ground-mounted equipment required for a wireless communication facility, other than a pole to which wireless communication facility is attached, that meets the requirements in Sections 129.0710(a)(10) and 129.0710(b)(6). (6) A strand-mounted wireless communication facility is allowed only on existing utility poles and overhead utility wires. Antennas and associated equipment shall comply with the cable management design standards and be painted to match the color of the pole’s surface on which they are attached. (7) A temporary wireless communication facility shall be designed to provide service during construction, an emergency event, a citywide public event, or pilot projects in accordance with the Wireless Communication Facility Guidelines in the Land Development Manual. (A) A substantial conformance review is required for a temporary wireless communication facility. (B) A temporary wireless communication facility shall comply with the following requirements: (i) Equipment associated with a temporary wireless communication facility shall be limited to three antennas and six radios, surge suppressors, ravcaps, or similar equipment; (ii) A temporary wireless communication facility shall not exceed 250 square feet; (iii) No more than two cabinets shall be permitted; and (iv) Generators shall not be permitted. (C) An application for a temporary wireless communication facility shall be submitted no later than 30 days prior to the expiration of the existing substantial conformance review. The application shall include a construction schedule and justification for the extension of the substantial conformance review. (D) A temporary wireless communication facility shall not be installed for more than 180 days. The applicant may request only one extension, provided that the total duration of the wireless communication facility, including the extension, does not exceed 365 days. (E) All temporary wireless communication facilities shall be subject to the requirements of Section 141.0420. Failure to comply with the requirements of Section 141.0420 shall be subject to the revocation of the substantial conformance review approval and require the immediate removal of the temporary wireless communication facility in accordance with Section 141.0420(d)(9). (b) Neighborhood Use Permit Regulations Wireless communication facilities may be permitted with a Neighborhood Use Permit decided in accordance with Process Two, as follows: (1) In commercial or industrial zones on a premises containing residential uses; (2) In a residential, agricultural, or open space zone, or on a premises without a zoning designation, when antennas are located more than 100 feet from the property line on a premises with any of the following uses: (A) Residential; (B) On dedicated parkland subject to San Diego Charter section 55; or (C) Schools with children enrolled in kindergarten through grade 8; or (D) Child care facilities. (3) In the public right-of-way when the wireless communication facilities are not small cell wireless communication facilities. (4) Equipment associated with the wireless communication facility including small cell wireless communications facilities within the public right-of-way, where new ground-mounted equipment not to exceed 48 inches in height and width and no more than one cabinet per wireless communication facilities and small cell wireless communication facilities provider. (5) All small cell wireless communication facilities and wireless communication facilities within the public right-of-way, where new ground-mounted equipment does not exceed 48 inches in height and width. (c) Conditional Use Permit Regulations Wireless communication facilities may be permitted with a Conditional Use Permit as follows: (1) Decided in accordance with Process Three, where the development meets the following locational criteria: (A) In a residential, agricultural, or open space zone, or on a premises without a zoning designation, when antennas are located less than 100 feet from the property line on a premises with any of the following uses: (i) Residential; (ii) On dedicated parkland subject to San Diego Charter section 55; (iii) Schools with children enrolled in kindergarten through grade 8; or (iv) Child care facilities. (B) Equipment associated with the wireless communication facility including small cell wireless communication facilities with the public-right-of-way, where new ground-mounted equipment exceeds 48 inches in height and width above the finished grade or more than one cabinet per wireless communication facilities and small cell wireless communication facilities provider. (2) Decided in accordance with Process Four, where the development is a wireless communication facility that deviates from the requirements in Section 141.0420(c), and is not identified in Section 126.0402 as requiring a Neighborhood Development Permit, shall be required to obtain a Planned Development Permit in accordance with Chapter 12, Article 6, Division 6. (d) General Regulations for Wireless Communication Facilities (1) Every application shall include documentation satisfactory to the City Manager, as follows: (A) Demonstrating that the wireless communication facility complies with federal standards for radio frequency radiation in accordance with the Telecommunication Act of 1996 and subsequent amendments and any other requirements imposed by state or federal regulatory agencies. (B) Identifying the location type, capacity, field strength or power density, and calculated geographic service of the wireless communication facility. (2) Within the Coastal Overlay Zone, the Coastal Development Permit regulations in Chapter 12, Article 6, Division 7, shall also apply. (3) Wireless communication facilities located within or adjacent to the City’s Multi-Habitat Planning Areas shall comply with the Multiple Species Conservation Program Subarea Plan’s Land Use Adjacency Guidelines. (4) Wireless communication facilities located in a designated historical district or in a historical district identified in a historical resources survey prepared by the City, or on a premises with a historical resource on it, must comply with the Historical Resource Regulations and the U.S. Secretary of Interior Standards and Guidelines. (5) At least 60 days prior to an applicant asserting that an application for a wireless communication facility is deemed approved pursuant to California Government Code section 65964.1, the applicant shall provide public notice as follows: (A) The notice shall be mailed to all persons described in Section 112.0302(b) and to the City Manager. (B) The notice shall be posted in the manner prescribed by Section 112.0304. (C) The notice shall include all of the information as prescribed in Section 112.0301(a)(1)(A) through (D), and the following: (i) The name, address, and telephone number of the applicant; and (ii) The following statement: “This application may be deemed approved, with no public hearing, no earlier than 60 days after this notice has been mailed and posted as required.” (6) The applicant shall obtain all necessary construction permits to comply with applicable building, fire, mechanical, and plumbing codes, and state and federal disability access laws. (7) The permittee shall provide documentation to verify that a wireless communication facility is operating in compliance with federal standards for radio frequency radiation in accordance with the Telecommunication Act of 1996 and subsequent amendments and any other requirements imposed by state or federal regulatory agencies within 30 calendar days of receipt of a written request for such documentation from the City Manager. (8) The wireless communication facilities shall be maintained in good working order, free from trash, debris, and graffiti, and designed to discourage vandalism. The permittee or owner shall repair or replace any damaged equipment within 30 calendar days of receipt of a written notification from the City Manager. (9) The permittee or owner shall remove the wireless communication facilities from the premises and restore the premises to the condition preceding the construction and installation of the wireless communication facility, at the owner’s or permittee’s sole cost and expense, if any of the following circumstances exists: (A) The permit authorizing the wireless communication facility is expired and a new permit has not been obtained. (B) If no permit was granted, it has been ten years from the date that the wireless communication facility was authorized by federal or state law and no new permit or legal authorization has been obtained. (C) The City Manager determines that the wireless communication facility or components of the wireless communication facility are non-operational or no longer used. (10) Prior to January 31 of every year, each wireless communication facility provider shall submit documentation, satisfactory to the City Manager, identifying the location of each wireless communication facility in its City of San Diego network organized by community plan area. The documentation shall include wireless communication facilities that are approved, but not yet built, wireless communication facilities that are currently operating, and non-operating wireless communication facilities. (e) Design Requirements The following regulations apply to all wireless communication facilities: (1) Wireless communication facilities shall utilize the smallest, least visually intrusive antennas, components, and other necessary equipment. (2) The applicant shall use all reasonable means to conceal or minimize the visual impacts of the wireless communication facilities through integration and installation on existing structures. Integration with existing structures or among other existing uses shall be accomplished through the use of architecture, landscape, and siting solutions. (3) Equipment associated with wireless communication facilities shall be located within an existing building envelope, whenever possible. If an exterior equipment enclosure is necessary, it shall be of a height minimally necessary to conceal the equipment, with an area not to exceed 300 square feet, unless a Neighborhood Development Permit is granted in accordance with Section 126.0402. (4) Overhead wires are not permitted. (5) Equipment located on the roof of an existing structure shall be set back or located to minimize visibility, especially from the public right-of-way or public places. (6) Faux landscaping may be used on premises where natural vegetation similar in size and species exists or is proposed as part of the development. The applicant shall provide sufficient samples, models, or other means to demonstrate the quality, appearance, and durability of the faux vegetation. (7) If trees with a trunk width of 4 inches or more (measured by caliper, 4 feet above grade) are removed or significantly trimmed for the installation or operation of the wireless communication facility, then replacement trees of a similar size shall be planted to the satisfaction of the City Manager. (8) Antennas shall comply with the following design requirements: (A) Each antenna, including any concealment measures, shall appear as an integral part of the structure, except for public right-of-way site installations as set forth in Section 141.0420(f). (B) No portion of an antenna, including any concealment measures, shall be more than 24 inches away from the structure, unless a Neighborhood Development Permit is granted in accordance with Section 126.0402. Projections shall be minimally visible, unless the applicant provides evidence demonstrating no other mounting apparatus or antenna(s) are available and would therefore result in significant loss in network coverage to the intended coverage area to the satisfaction of the City Engineer. (C) Each antenna, including any concealment measures, shall fit into the design of the structure, shall be no longer or wider than the portion of the structure upon which it is mounted, and shall not interrupt the architectural lines of the structure. (D) Associated mounting brackets and coaxial cable shall be concealed from view. (E) Any pipes or similar apparatus used to attach antennas, including any concealment measures, to the structure shall not extend beyond the length or width of the antenna. (F) Any antenna mounted to a pole shall be completely concealed from view within a radome in accordance with the Wireless Communication Facility Guidelines in the Land Development Manual. If the proposed radome exceeds the design standards of Section 141.0420, a Neighborhood Development Permit is required in accordance with Section 126.0402, prior to installation. (G) Antennas, except for shrouds and skirts, shall not exceed eight feet in length or three feet in width, unless a Neighborhood Development Permit is granted in accordance with Section 126.0402. (9) Vertical elements, designed as flagpoles or light standards, shall replicate the design, diameter, and proportion of the vertical element they are intending to imitate. Flagpoles shall maintain a tapered design. An alternative design may be permitted with a Neighborhood Development Permit in accordance with Section 126.0402. (10) Use of or replacement of any building facade or mechanical screen with fiberglass reinforced panels or similar industry standard material for purposes of concealing antennas shall not result in any noticeable lines or edges in the transition to the original structure. All screening material shall be painted and textured to match the original structure. (11) All equipment, including transformers, emergency generators, and air conditioners, shall be designed and operated consistent with the Noise Ordinance in Chapter 5, Article 9.5 of the Municipal Code. Ventilation openings shall be baffled and directed away from residential areas. Vibration resonance of operating equipment in the equipment enclosures shall be eliminated. (f) Public Right-of-Way Installations Wireless communication facilities may be installed in the public right-of-way in the parkway. Wireless communication facilities located in the public right-of-way are subject to all other applicable requirements of the Municipal Code and the following additional design requirements: (1) Antennas associated with wireless communication facilities, other than those allowed pursuant to Section 141.0420(a)(3), shall be vertically mounted to the pole in compliance with any applicable separation requirements and shall not exceed 6 inches in distance from the pole. (2) No more than four panel antennas or two omni-directional antennas shall be mounted on any utility pole by any one wireless communication facilities provider. (3) Antennas shall be painted to match the color of the surface of the pole on which they are attached. (4) Wireless communication facilities mounted on a City street light pole or a City signalized pole shall include a turn-off switch that is mounted to the pole, unless the applicant provides evidence to the satisfaction of the City Engineer demonstrating an alternative design for the turn-off switch is needed. (g) Park Site Installations The following additional design requirements apply to wireless communication facilities in parks within the City of San Diego: (1) Where practicable, antennas shall be mounted on sports field light poles, security light poles, or inside foul line poles or flagpoles. Antennas shall not be mounted above the light source on any light poles. All antennas on flagpoles or foul line poles shall be concealed within the pole. (2) If the proposed wireless communication facility would be located on dedicated parkland subject to San Diego Charter section 55, equipment enclosures shall be placed underground unless the Parks and Recreation Department Director, or their designee, determines that an above-ground equipment enclosure would not violate Charter section 55, and a Neighborhood Development Permit is granted in accordance with Section 126.0402. (“Wireless Communication Facilities” added 8-10-2004 by O-19308 N.S.; effective 4-11-2007.) (Amended 5-3-2005 by O-19369 N.S.; effective 4-11-2007.) (Amended 9-29-2006 by O-19545 N.S.; effective 4-11-2007.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 8-9-2019 by O-21117 N.S.; effective 9-8-2019.) (Amended 4-27-2021 by Emergency Ordinance O-21315 N.S.; effective 4-27-2021.) [Editors Note: This Ordinance is effective citywide, including inside the Coastal Overlay Zone, which is subject to California Coastal Commission jurisdiction. The Coastal Commission determined the Ordinance did not require certification on April 23, 2021. The Ordinance is effective for 45 days from the effective date, unless extended pursuant to California Government Code section 65858.] (Amended 1-27-2022 by O-21417 N.S.; effective 2-26-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (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 ]

San Diego Municipal Code § 141.0421 Placemaking on Private Property

§141.0421 Placemaking on Private Property Placemaking on private property 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) Written permission from the record owner of the property is required. (b) Off-street parking spaces are not required, but may be permitted as an accessory use to serve the placemaking use if the square footage designated for the off-street parking spaces does not exceed 25 percent of the total square footage designated for the placemaking use. (c) A Temporary Use Permit shall be obtained in accordance with Section 123.0402. (d) At the expiration of the term of the Temporary Use Permit, the placemaking project shall be removed and the permit holder shall return the premises to its original condition, to the satisfaction of the City Manager. Removal shall not be required if a new Temporary Use Permit is obtained prior to its expiration. (e) The Temporary Use Permit permit holder shall be responsible for maintaining the placemaking project. Maintenance shall include, but not be limited to, posting of the name, phone number, and email address of the party responsible for the placemaking project in a location visible from the public right-of-way, keeping the placemaking project area free of litter, and preventing litter attributable to the placemaking project from occurring on adjacent properties. (f) A placemaking project shall only occur on premises that are vacant at the time the Temporary Use Permit application is submitted or within parking lots on premises within Sustainable Development Areas, except in existing disabled accessible parking spaces serving the premises. (1) Within the Coastal Overlay Zone, a Coastal Development Permit for outdoor dining on private property shall be issued as a Building Permit in accordance with Process One as specific in Chapter 12, Article 9, Division 2. (2) Within the Beach Impact Area of the Parking Overlay Zone (Chapter 13, Article 2, Division 8), an applicant that removes automobile parking spaces for outdoor dining that would be required by Parking Regulations (Chapter 14, Article 2, Division 5) shall provide for the duration of the placemaking project: (A) Standard regional adult monthly transit passes to requesting employees or tenants equal to 2 passes for each automobile parking space replaced, up to the number of on-site employees and tenants. Notice of the availability of monthly transit passes shall be posted by the applicant in an area on the premises where it can easily be seen by the employees or tenants. The notice shall include a statement that the monthly transit passes are required for placemaking pursuant to the San Diego Municipal Code; and (B) One of the following vehicle miles traveled reduction measures on the premises: (i) Shared bicycle fleet equal to 2 bicycles for each automobile parking space replaced, or 5 bicycles, whichever is greater; (ii) Electric battery charging stations for micro-mobility devices that are available to the public equal to 1 charging station for each automobile space replaced, or 5 charging stations, whichever is less; (iii) Micro-mobility parking area that is available to the public with a minimum of 2 micro-mobility parking spaces for each automobile parking space replaced; (iv) Carpool parking spaces with a minimum of 1 carpool parking space for each automobile parking space replaced; or (v) Long-term bicycle parking (covered, lockable enclosures for bicycles) equal to 2 per the number of automobile parking spaces replaced, or 5 long-term bicycle parking spaces, whichever is less. (3) The vehicle miles traveled reduction measures required in Section 141.0421(f) shall be in addition to the requirements to minimums required in the Parking Regulations (Chapter 14, Article 2, Division 5). (g) A placemaking use that also qualifies as another separately regulated use shall also be subject to those separately regulated use regulations. A placemaking use that contains elements governed by other laws and regulations shall also be subject to those laws and regulations. (h) A placemaking project on a premises within a Sustainable Development Area that was a parking lot of a permitted eating and drinking establishment shall not include retail or commercial services uses except for outdoor dining operating in association with the permitted eating and drinking establishment in accordance with Section 141.0628. (i) Placemaking on private property in Open Space and Residential Base Zones shall not include commercial services or assembly and entertainment uses as accessory uses. (j) In the Coastal Overlay Zone, an applicant for a placemaking project on private property shall obtain a Coastal Development Permit pursuant to Section 126.0702. (“Placemaking on Private Property” added 5-22-2018 by O-20928 N.S.; effective 6-21-2018.) (Amended 10-24-2019 by O-21142 N.S.; effective 2-14-2020.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 3-4-2024 by O-21770 N.S.; effective 4-12-2024.) (Retitled from “Placemaking on Private Property” to “Placemaking on Private Property” and amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

San Diego Municipal Code § 141.0422 Battery Energy Storage Facilities

§141.0422 Battery Energy Storage Facilities This section regulates utility-serving battery energy storage facilities which store energy within enclosed buildings or modular containers and then solely release the energy directly back to the electrical grid. Battery energy storage facilities do not include behind the meter battery installations that provide energy to the same premises on which they are located. This section distinguishes between small-scale battery energy storage facilities with a development footprint of one-quarter acre or less, medium-scale battery energy storage facilities with a development footprint of more than one-quarter acre but less than one acre, and large-scale battery energy storage facilities with a development footprint of one acre or more. Battery energy storage facilities shall comply with the approval process set forth in Section 141.0422(a) through (c) as applicable to the development. All battery energy storage facilities are subject to the general regulations in Section 141.0422(d) and the general design requirements in Section 141.0422(e). (a) Small-scale battery energy storage facilities The following regulations apply to battery energy storage facilities with a development footprint of one-quarter acre or less. (1) Limited Use Regulations Small-scale battery energy storage facilities are permitted as a limited use decided in accordance with Process One in zones indicated by an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following: (A) In residential, commercial, and mixed-use base zones that permit residential development, battery energy storage facilities shall be limited to no more than 25 percent of the allowable development area and allowable gross floor area, unless the premises cannot be developed with residential uses due to site constraints, except for the presence of environmentally sensitive lands, beyond the applicant’s control, such as the presence of utilities, in which case the 25 percent limitation shall not apply. (B) In the IL (Industrial – Light) and IS (Industrial – Small Scale) Zones, battery energy storage facilities shall be limited to no more than 25 percent of the allowable development area and gross floor area, unless the premises cannot be developed with industrial uses due to site constraints except for the presence of environmentally sensitive lands beyond the applicant’s control, such as the presence of utilities, in which case the 25 percent limitation shall not apply. (2) Conditional Use Permit Regulations Small-scale battery energy storage facilities may be permitted with a Conditional Use Permit decided in accordance with Process Three in zones indicated by a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following: (A) In the OP (Open Space – Park) and OR (Open Space – Residential) Zones, battery energy storage facilities may be permitted only as follows: (i) If they do not result in loss of any publicly accessible active or passive recreation area; and (ii) Within previously disturbed areas with existing electrical utility easements. (B) In the OP (Open Space – Park) and OR (Open Space – Residential) Zones within the Coastal Overlay Zone, battery energy storage facilities may be permitted only as follows: (i) Within a distance of 500 feet or less of an existing electrical distribution facility; and (ii) Within a distance of 500 feet or greater from environmentally sensitive lands. (C) In the AR (Agricultural-Residential) Zone within the Coastal Overlay Zone, battery storage facilities may be permitted only on premises not containing agricultural land as identified by the California Department of Conservation as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, or Farmland of Local Potential as defined in the California Public Resources Code section 10213. (D) In the CV (Commercial-Visitor) Zone within the Coastal Overlay Zone, battery storage facilities shall not be allowed on the ground floor of any development on the premises. (b) Medium-scale battery energy storage facilities The following regulations apply to battery energy storage facilities with a development footprint of more than one-quarter acre but less than one acre. (1) Limited Use Regulations Medium-scale battery energy storage facilities are permitted as a limited use decided in accordance with Process One in zones indicated by an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones). (2) Conditional Use Permit Regulations (A) Medium-scale battery energy storage facilities may be permitted with a Conditional Use Permit decided in accordance with Process Two in industrial zones indicated by a “C” in the Use Regulations Tables in Chapter 13, Article 1, Division 6. (B) Medium-scale battery energy storage facilities may be permitted with a Conditional Use Permit decided in accordance with Process Three in zones indicated by a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) as follows: (i) In commercial base zones that do not permit residential development. (ii) In residential, commercial, and mixed-use base zones that permit residential development if the premises cannot be developed with residential uses due to site constraints, except for the presence of environmentally sensitive lands, beyond the applicant’s control, such as the presence of utilities. (c) Large-scale battery energy storage facilities The following regulations apply to battery energy storage facilities with a development footprint of one acre or more. (1) Conditional Use Permit Regulations (A) Large-scale battery energy storage facilities may be permitted with a Conditional Use Permit decided in accordance with Process Three in industrial zones indicated by a “C” in the Use Regulations Tables in Chapter 13, Article 1, Division 6. (B) Large-scale battery energy storage facilities may be permitted with a Conditional Use Permit decided in accordance with Process Four in zones indicated by a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) as follows: (i) In commercial base zones that do not permit residential development. (ii) In residential, commercial, and mixed-use base zones that permit residential development if the premises cannot be developed with residential uses due to site constraints, except for the presence of environmentally sensitive lands, beyond the applicant’s control, such as the presence of utilities. (d) General Regulations The following regulations apply to all battery energy storage facilities regardless of their size. (1) Use Regulations The premises shall not contain a child care facility or school. (2) Operational, Safety and Decommissioning Regulations (A) Every application shall provide the following documentation to the satisfaction of the Chief Building Official: (i) Demonstrating that the battery energy storage facility complies with all applicable requirements imposed by state or federal regulatory agencies; and (ii) Identifying the facility type/application, total rated battery power capacity in kilowatts or megawatts, energy capacity in kilowatt-hours or megawatt-hours, storage duration, cycle life/lifetime, and type of battery chemistry. (B) The applicant shall submit and implement an emergency response plan for battery storage fire events and other emergency events consistent with state and national standards and regulations to the satisfaction of the Fire Marshal. (C) The applicant shall obtain all necessary construction permits to comply with applicable building, fire, mechanical, electrical, and plumbing codes, and state and federal laws. (D) The applicant shall comply with all applicable state and national standards and requirements for the design, construction, installation, commissioning, operation, maintenance, and decommissioning of the battery energy storage facility. (E) Battery energy storage facilities shall be maintained pursuant to title 24, part 9, of the California Fire Code, as amended, and be in good working order, free from trash, debris, and graffiti, and designed to discourage vandalism. The permit holder or record owner shall repair or replace any damaged walls, fences, landscaping, buildings, structures, and equipment within 30 calendar days of receipt of a written notification from the City Manager. (F) The permit holder or record owner shall remove and decommission the battery energy storage facility from the premises and restore the premises to the condition preceding the construction and installation of the battery energy storage facility, at the sole cost and expense of the permit holder or record owner, if any of the following circumstances exists: (i) The permit authorizing the battery energy storage facility is revoked or expired and a new permit has not been obtained; or (iii) The City Manager determines that the battery energy storage facility or components of the battery energy storage facility are non-operational or no longer in use; or (iv) The City Manager determines that the battery energy storage facility is a public nuisance; or (iv) The Fire Code Official determines that the facility constitutes a distinct hazard to life or property. (G) The applicant shall submit a Hazard Mitigation Analysis when technologies are not specifically identified in title 24, part 9, of the California Fire Code or when more than one technology is provided in a room or enclosed area where there is a potential for adverse reactions between technologies. (3) Noise Regulations. Noise generated from battery energy storage facilities shall not exceed the noise limits for the zone as established in the Noise Abatement and Control Regulations (Chapter 5, Article 9.5, Division 4: Limits). (e) General Design Requirements The following design requirements apply to all battery energy storage facilities regardless of their size. (1) Overhead wires connecting the battery energy storage facility to an energy generation station or substation are not permitted, unless the premises containing the energy generation station or substation immediately abuts the premises on which the battery energy storage facility is proposed and existing overhead connections are present on the premises containing the energy generation station or substation. Overhead wires shall not be permitted to cross other private property, public property, or public right-of-way to connect with an energy generation station or substation. (2) Access to a battery energy storage facility shall conform to title 24, part 9, of the California Fire Code and be as direct as possible from primary arterials and major streets and shall avoid residential streets unless no other feasible options exist. Shared access with an adjacent energy generation station or substation is permitted. (3) The development shall comply with the Street Tree and Public Right-of-Way Requirements in Section 142.0409. (4) All mechanical equipment and storage areas shall be located within an enclosed building or modular container, as follows: (A) The building or modular container, or both, shall be located on the premises so that visibility from adjacent public rights-of-way or adjacent development that is not of a similar nature is minimized. (B) Battery energy storage facilities located on the same premises as residential uses shall be located within an enclosed building that is designed to be architecturally consistent with the primary structure. (C) Mechanical equipment that supports the battery energy storage facility, such as HVAC equipment, may be located outside of a building or modular container, provided that the mechanical equipment is completely screened on all sides with a solid wall or fence that is painted or texturized to match the primary building on the premises, if one is present. (5) Battery energy storage facilities that are not located within a building shall be enclosed and screened from the public right-of-way and adjacent properties by walls or fences with a minimum height of 6 feet that incorporate finishes and architectural detailing that are consistent with any buildings on the premises or any applicable design standards. The walls or fences shall be screened by landscaping as follows: (A) Along the street frontage, the walls or fences shall be screened from the public right-of-way with plant material that includes 24-inch box evergreen canopy form trees separated by a maximum distance of 30 feet; and (B) Along the side and rear yards, the walls or fences shall be screened from adjacent properties by 10-foot wide landscape strips that include 24-inch box evergreen species separated by a maximum distance of 30 feet along the side and rear yards. For premises less than 10,000 square feet, the landscape strips may be reduced to 5-feet in width. (6) Brush Management Regulations (A) Battery energy storage facilities in High or Very High Fire Hazard Severity Zones shall meet the City’s defensible space brush management regulations and landscape standards. (i) If unable to meet the brush management regulations and landscape standards, the agent or owner shall be required to provide a technical report from a qualified engineer, specialist, laboratory, or fire safety organization acceptable to the Fire Code Official. The Fire Code Official is authorized to require design submittals to be prepared by and bear the stamp of a registered design professional, as defined in Title 24, Part 9, Chapter 2 of the California Fire Code. The technical report shall be reviewed by the Fire Code Official. (“Battery Energy Storage Facilities” added 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 12-18-2024 by O-21905 N.S.; effective 2-6-2025.)

San Diego Municipal Code § 141.0423 Intermediate Care Facilities and Nursing Facilities

§141.0423 Intermediate Care Facilities and Nursing Facilities Intermediate care facilities and nursing facilities may be permitted with a Process Four Conditional Use Permit in the zones indicated with a “C” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) or as a limited use in zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the following regulations. (a) These facilities are not permitted in agricultural zones in Proposition A Lands. (b) Off-street parking shall be provided in accordance with Table 142-05G. (“Intermediate Care Facilities and Nursing Facilities” added 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)
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/MuniCodeChapter14/Ch14Art01Division04.pdf#page=1Fetched: 10/28/2026

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