Cannabis Outlet Zoning Comparison Chart
Attachment 4
Current Regulations allow Cannabis Outlets in
the following Base Zones:
Proposed SEED Equity Outlet regulations would
expand the current regulations to allow COs in
the following Base Zones:
IBT-1-1
IBT-1-1
IL-3-1
IL-3-1
IS-1-1
IS-1-1
CC-2-1; CC-2-2; CC-2-3; CC-2-4; CC-2-5
CC-2-1; CC-2-2; CC-2-3; CC-2-4; CC-2-5
CR-2-1
CR-2-1
CO-2-1; CO-2-2
CO-2-1; CO-2-2
Current Regulations also allow Cannabis
Outlets in the following Planned Districts
SEED Equity Outlet expanded Base Zones
within the TPA:
Barrio Logan (Subdistrict D)
CN-1-1; CN-1-2; CN-1-3; CN-1-4; CN-1-5; CN-1-6
Carmel Valley (EC & SP)
CR-1-1
Centre City (WM, I, T & CC)
CO-1-1; CO-1-2; CO-3-1; CO-3-2; CO-3-3
CV-1-1; CV-1-2
CP-1-1
CC-1-1; CC-1-2; CC-1-3
CC-3-4; CC-3-5; CC-3-6; CC-3-7; CC-3-8; CC-3-9
CC-4-1; CC-4-2; CC-4-3; CC-4-4; CC-4-5; CC-4-6
CC-5-1; CC-5-2; CC-5-3; CC-5-4; CC-5-5; CC-5-6
And the following Planned Districts (“PDOs”):
Barrio Logan (Subdistrict D)
Carmel Valley (EC & SP)
Centre City (WM, I, T & CC)
SEED Equity Outlet expanded PDOs within the
TPA:
Carmel Valley (NC, VC, TC, SC & MC)
Cass Street Commercial Planned District
Central Urbanized Planned District (CU & CT)
Centre City (C, NC, BP, MC & PC)
Gaslamp Quarter
La Jolla (Zone 1, Zone 2, Zone 3 & Zone 4)
Mission Beach (NC-N, NC-S, VC-N & VC-S)
Old Town San Diego (OTCC & OTMCR)
2023
San Diego Smoke and Tobacco
Shops
¯
Smoke and Tobacco Shops
Business Improvement District
City Boundary
0 63
Miles
ATTACHMENT 5
Cannabis Sensitive Receptor Separation Requirements
Attachment 6
State of
CA
Los
Angeles
National
City
Oakland Sacramento San
Francisco
San
Diego
Church
N/A
N/A
N/A
N/A
600ft*
N/A
1,000ft
K-12 School 600ft 700ft 600ft 600ft 600ft 600ft 1,000ft
Youth Center
(i.e. Minor-
oriented Fac.)
600ft
700ft
600ft
600ft
600ft*
N/A
1,000ft
Public Park N/A 700ft N/A N/A 600ft* N/A 1,000ft
Public Library
N/A
700ft
N/A
N/A
N/A
N/A
1,000ft
Drug Treatment
Facility
N/A
700ft
N/A
N/A
600ft*
N/A
N/A
Day Care Center 600ft 700ft 600ft 600ft 600ft* N/A 1,000ft
Permanent
Supportive
Housing (i.e.
Res. Care Fac.)
N/A
700ft
N/A
N/A
N/A
N/A
1,000ft
Other Cannabis
Retailer
N/A
700ft
N/A
600ft
N/A
600ft
1,000ft
Residential
Zone
N/A
N/A
250ft
N/A
300ft*
N/A
100ft
*C
annabis Outlets are allowable but public hearing is required if within the designated distance.
Ch.
Art.
Div.
14
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5
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
Article 1: Separately Regulated Use Regulations
Division 5: Retail Sales Use Category--Separately Regulated Uses
(Added 12-9-1997 by O-18451 N.S.)
§141.0501 Agriculture-Related Supplies and Equipment
Agricultural-related supplies and equipment 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 location, number, and intensity of other nonagricultural establishments
located in the vicinity will be evaluated to determine the appropriate size and
intensity of the proposed establishment.
(b) The proximity and capacity of freeways, primary arterials, and major streets
will be evaluated to determine the appropriate size and intensity of the
proposed establishment.
(c) Off-street parking shall be sufficient to serve the facility and limit adverse
impacts to adjacent or nearby property.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
§141.0502 Alcoholic Beverage Outlets
Any establishment for which a Type 20 Beer and Wine License or a Type 21 General
Liquor License has been obtained from, or for which an application has been
submitted to, the California Department of Beverage Control for permission to sell
alcoholic beverages for off-site consumption shall be regulated as an alcoholic
beverage outlet subject to this section.
Alcoholic beverage outlets 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 regulations in Section 141.0502(b). Proposals for alcoholic beverage outlets that
do not comply with the regulations in Section 141.0502(b) may be permitted with a
Conditional Use Permit decided in accordance with Process Three subject to the
regulations in Section 141.0502(c).
(a) Exemptions. The following alcoholic beverage outlets and areas are exempt
from the provisions of this section:
ATTACHMENT 7
Ch.
Art.
Div.
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
(1) Hotels, motels, or any other lodging establishments where the area
devoted to the sale of alcoholic beverages for off-site consumption
does not exceed 10 percent of the gross floor area of the entire
premises;
(2) Establishments of more than 15,000 square feet of gross floor area,
provided the area devoted to alcohol sales does not exceed 10 percent
of the gross floor area of the entire premises;
(3) Alcoholic beverage establishments within the Gaslamp Quarter
Planned District and the Centre City Planned District; and
(4) Alcoholic beverage outlets that were in existence on December 20,
1995, if the outlet retains the same type of retail liquor license within a
license classification and is in continuous operation without substantial
change in the mode or character of operation.
(A) For the purposes of Section 141.0502(a)(4), a break in
“continuous operation” does not include the suspension of
business due to extraordinary circumstances beyond the control
of the licensee or a closure for more than 180 calendar days
during the diligent pursuit of building repairs or remodeling of
the premises undertaken under the authority of a valid Building
Permit.
(B) For the purposes of Section 141.0502(a)(4), “substantial
change in mode or character of operation” includes any of the
following:
(i) Closure, abandonment, discontinuance, or suspension
of the outlet for more than 180 consecutive calendar
days during which the premises are not continually
maintained and secured;
(ii) Alteration of the premises that would result in an
increase of more than 10 percent of the existing gross
floor area of all structures on the premises;
(iii) Revocation or suspension of the license issued by the
State of California Department of Alcoholic Beverage
Control (ABC) for a period of more than 30 calendar
days for any reason; or
Ch.
Art.
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
(iv) Conviction of the owner, operator, or the ABC licensee
for violations of California Health and Safety Code
Sections 11350, 11351, 11352, 11550 and 11364.7
when the conviction relates to the premises or the
operation of the establishment.
(b) Limited Use Regulations. Alcoholic beverage outlets are permitted as a
limited use subject to the following regulations.
(1) Alcoholic beverage outlets are not permitted in any of the following
locations:
(A) Within a census tract, or within 600 feet of a census tract,
where the general crime rate exceeds the citywide average
general crime rate by more than 20 percent;
(B) Within a census tract, or within 600 feet of a census tract,
where the ratio of alcohol beverage outlets exceeds the
standards established by California Business and Professional
Code section 23958.4;
(C) In an adopted Redevelopment Project Area;
(D) Within 600 feet of a public or private accredited school, a
public park, a playground or recreational area, a church, a
hospital, or a San Diego County welfare district office; and
(E) Within 100 feet of a residentially zoned property.
(2) For the purposes of Section 141.0502(b)(1), the separation distance
shall be measured from property line to property line in accordance
with Section 113.0225. A separation distance less than that required
in Section 141.0502(b)(1) may be approved by the City Manager due
to the existence of natural or built barriers such as topography,
freeways, flood control channels, rivers, or similar divisive features if
no direct access is available within the measurement area.
(3) Pool or billiard tables, foosball or pinball games, arcade style video
and electronic games, or coin-operated amusement devices are not
permitted on the premises with an alcoholic beverage outlet.
Ch.
Art.
Div.
14
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
(4) Exterior public pay phones that permit incoming calls are not
permitted on the premises, adjacent public sidewalks, or areas under
the control of the owner or operator.
(5) The owner or operator shall provide illumination, at a minimum level
of 0.4 foot candles per square foot, on the exterior of the alcoholic
beverage outlet, including adjacent public sidewalks and areas under
the control of the owner or operator. The illumination shall be in
operation during all hours of darkness while the outlet is open for
business so that persons standing on or near the premises at night are
identifiable by law enforcement personnel. The required illumination
shall be shielded and directed so that it does not shine on adjacent
properties.
(6) The sign area pertaining to or referencing alcoholic sales or beverages
shall not exceed 630 square inches.
(7) A maximum of 33 percent of the square footage of the windows and
doors of the premises may bear advertising or signs of any sort, and all
advertising and signs shall be placed and maintained in a manner that
ensures that law enforcement personnel have a clear and unobstructed
view of the interior of the outlet.
(8) The owner or operator of the alcoholic beverage outlet shall post a
prominent, permanent sign or signs stating, “No loitering,
consumption of alcoholic beverages, or open alcoholic beverage
containers are allowed inside the premises, in the parking area, or on
the public sidewalks adjacent to the premises.”
(9) The owner or operator shall list a business address and telephone
number in the Pacific Bell/San Diego telephone directory or other
similarly distributed directory.
(10) The owner or operator shall provide trash receptacles, conveniently
located for use by patrons, inside and outside the alcoholic beverage
outlet, including adjacent public sidewalks and areas under the control
of the owner or operator. At least one 13-gallon trash receptacle shall
be located inside the premises. At least one 32-gallon trash receptacle
shall be located outside the alcoholic beverage outlet, and at least one
additional 32-gallon trash receptacle shall be located in the parking
areas under the control of the owner or operator.
Ch.
Art.
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
(11) The owner or operator shall maintain the premises, adjacent public
sidewalks, and areas under the control of the owner or operator, free of
litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter, and debris. The owner or operator shall
eliminate graffiti within 48 hours of application.
(12) Off-street parking shall be provided in accordance with the
requirements for retail sales uses in Table 142.05E.
(c) Conditional Use Permit Regulations. Proposed alcoholic beverage outlets that
do not comply with the regulations in Section 141.0502(b) may be permitted
with a Conditional Use Permit decided in accordance with Process Three
subject to the following regulations.
(1) The San Diego Police Department shall provide the City Manager with
a recommendation on the proposed use and location of the alcoholic
beverage outlet. The City Manager will provide the applicant with a
copy the Police Department recommendation at least 7 calendar days
before the date of the public hearing. The decision maker will review
and consider the Police Department recommendation before making a
decision on the application.
(2) The decision maker may request that the State of California
Department of Alcoholic Beverage Control impose restrictions on any
alcohol sales license to be issued or renewed by the state. The
decision maker’s request shall be based on an evaluation of conditions
in the area of the proposed alcoholic beverage outlet, including the
concentration of alcoholic beverage outlets, high crime rates, or any
other conditions in the area that would be aggravated by the sale of
alcoholic beverages.
(3) Off-street parking shall be provided in accordance with the
requirements for retail sales uses in Table 142.05E.
(4) Conditions addressing the following issues may be imposed by the
decision maker:
(A) Entertainment uses or activities or amusement devices on the
premises;
(B) Separation, monitoring, or design of the area devoted to
alcoholic beverage sales;
Ch.
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San Diego Municipal Code
Chapter 14: General Regulations
(2-2023)
(C) Hours of operation;
(D) Security measures; and
(E) Lighting, litter, graffiti or nuisance abatement, or any other
special requirements for the premises.
(5) The owner or operator shall post a copy of the Conditional Use Permit
conditions in the licensed premises in a place where they may be
readily viewed by any member of the general public or any member of
a government agency.
(6) The Conditional Use Permit shall include a date on which the permit
will expire and become void. This date shall not be less than 10 years
from the approval date of the Conditional Use Permit.
(7) An applicant may request that the expiration date be extended in
accordance with the following provisions.
(A) An application for an extension shall be filed before the
expiration of the approved Conditional Use Permit.
(B) An application for an extension shall be considered in
accordance with Process Two if there is no record in the City
of San Diego Police Department or other department or with
any other governmental agency of any violations of the State of
California Department of Alcoholic Beverage Control rules,
regulations, and orders or of any violation of city, county, state
or federal law, code, regulation or policy related to prostitution,
drug activity or other criminal activity on the premises.
(C) An application for an extension shall be considered in
accordance with Process Three if there is a record of violations
as described in Section 141.0502(c)(7)(B).
(D) Prior violations of any conditions contained in an approved
Conditional Use Permit shall constitute grounds for denying an
application for an extension.
(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.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
