San Diego, CA

Cal. Labor Code u00a7 246.5 Employer provided sick days; employee request; replacement workers; accrued sick days

(a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:

(1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.

(2) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in subdivision (c) of Section 230 and subdivision (a) of Section 230.1.

(b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.

(c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

(2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:

(A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.

(B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.

(C) Opposition by the employee to a policy, practice, or act that is prohibited by this article.

n Cal. Labor Code u00a7 230 Jury duty; legal actions by victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for court appearance or due to employeeu2019s status as a victim; advance notice for time off; reasonable accommodation; reinstatement and reimbursement; right to file complaint with Division of Labor Standards Enforcement; compensatory time off

(a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve.

(b) An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

(c) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child.

(d) (1) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

(2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following:

(A) A police report indicating that the employee was a victim of domestic violence, sexual assault, or stalking.

(B) A court order protecting or separating the employee from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee has appeared in court.

(C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, or stalking.

(3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c).

(e) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of domestic violence, sexual assault, or stalking, if the victim provides notice to the employer of the status or the employer has actual knowledge of the status.

(f) (1) An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking who requests an accommodation for the safety of the victim while at work.

(2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, or stalking that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, or stalking, or referral to a victim assistance organization.

(3) An employer is not required to provide a reasonable accommodation to an employee who has not disclosed his or her status as a victim of domestic violence, sexual assault, or stalking.

(4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee.

(6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.

(7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision.

(B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d).

(C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status as a victim of domestic violence, sexual assault, or stalking every six months after the date of the previous certification.

(D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim of domestic violence, sexual assault, or stalking shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure.

(E) (i) If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.

(ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.

(F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.

(8) An employer shall not retaliate against a victim of domestic violence, sexual assault, or stalking for requesting a reasonable accommodation, regardless of whether the request was granted.

(g) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other maer discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

(2) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other maer discriminated or retaliated against in the terms and conditions of employment by his or her employer for reasons prohibited in subdivision (c) or (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief.

(3) An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

(h) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other maer discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a), (b), (c), (e), or (f) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.

(2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (c), (e), or (f) within one year from the date of occurrence of the violation.

(i) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.

(j) For purposes of this section:

(1) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.

(2) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code, as amended.

(3) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code.

n San Diego Municipal Code u00a7 39.0105 Accrual of Earned Sick Leave

(a) Employers must provide Earned Sick Leave to their Employees in accordance with this Division.

(b) Employers must provide an Employee with one hour of Earned Sick Leave for every 30 hours worked by the Employee within the geographic boundaries of the City, but Employers are not required to provide an Employee with Earned Sick Leave in less than one-hour increments for a fraction of an hour worked. Employers may cap an Employee’s total accrual of Earned Sick Leave at 80 hours.

(c) An Employer may satisfy the accrual and carry-over provisions of this section if no less than 40 hours of Earned Sick Leave are awarded to an Employee at the beginning of each Benefit Year for use in accordance with this Division, regardless of the Employee’s status as full-time, part-time, or temporary.

(d) Earned Sick Leave begins to accrue at the commencement of employment or on July 11, 2016, whichever is later, and an Employee is entitled to begin using accrued Earned Sick Leave on the 90th calendar day following commencement of his or her employment or on July 11, 2016, whichever is later. After the 90th calendar day of employment or after July 11, 2016, whichever is later, an Employee may use Earned Sick Leave as it is accrued.

(e) Earned Sick Leave for Employees not exempt from the overtime requirements of federal and California law must be compensated at the same regular rate of pay for the work week in which the Employee uses the Earned Sick Leave.

Earned Sick Leave for Employees exempt from the overtime requirements of federal and California law must be compensated at the same rate or in the same maer as the Employer calculates compensation for paid working time.

(f) Employees who are not covered by the overtime requirements of federal and California law or regulations are assumed to work 40 hours in each work week for purposes of Earned Sick Leave accrual unless their regular work week is less than 40 hours, in which case Earned Sick Leave accrues based upon that regular work week.

(g) An Employer who provides an Employee with an amount of paid leave, including paid time off, paid vacation, or paid personal days sufficient to meet the requirements of this section, and who allows this paid leave to be used for the same purposes and under the same conditions as the Earned Sick Leave required by this Division, is not required to provide additional Earned Sick Leave to the Employee. An Employer who provides greater paid time off, either through a contract, collective bargaining agreement, employment benefit plan, or other agreement, than that required by this Division, is deemed to be in compliance even if the Employer utilizes an alternative methodology for calculation of, payment of, and use of Earned Sick Leave or other paid time off that can be used as Earned Sick Leave.

(h) Employees may determine how much Earned Sick Leave they need to use, provided that Employers may set a reasonable minimum increment for the use of Earned Sick Leave not to exceed two hours.

(i) Employers may limit an Employee’s use of Earned Sick Leave to 40 hours in a Benefit Year, but unused, accrued Earned Sick Leave must be carried over to the following Benefit Year.

(j) If an Employee is transferred to a separate division, entity, or location in the City, but remains employed by the same Employer, the Employee is entitled to all Earned Sick Leave accrued at the prior division, entity, or location, and is entitled to retain and use all Earned Sick Leave, as provided by this Division. When there is a separation from employment and the Employee is rehired within six months of separation by the same Employer, previously accrued Earned Sick Leave that was not used or paid out must be reinstated and such Employee must be entitled to use such accrued Earned Sick Leave.

(k) Employers are not required by this Division to compensate an Employee for unused, accrued Earned Sick Leave, upon the Employee’s termination, resignation, retirement, or other separation from employment.

n San Diego Municipal Code u00a7 39.0104 Definitions

Each word or phrase defined in this Division appears in the text of this Division in italicized letters. To the extent that a federal, state, or other law is referenced within this Division, the citation includes and incorporates the law as it may be amended or renumbered in the future. For purposes of this Division, the following definitions apply:

Benefit Year means a regular and consecutive twelve-month period, as determined by an Employer.

Child means a biological, adopted, or foster child; a stepchild; a legal ward; a child of a Domestic Partner; or a child of an Employee standing in loco parentis.

City means the City of San Diego.

City Council means the Council of the City of San Diego.

Domestic Partners mean two adults in a relationship recognized by the State of California by filing as domestic partners under California Family Code section 297, and who have registered as domestic partners with a governmental entity pursuant to state or local law authorizing such registration or with an internal registry maintained by the employer of at least one of the domestic partners.

Domestic Violence means “domestic violence” as defined in California Penal Code section 13700.

Earned Sick Leave means accrued increments of compensated leave provided by an Employer to an Employee as a benefit of the employment for use by the Employee during an absence from the employment because of a qualifying medical condition or event, as specified in section 39.0106 of this Division.

Employee means any person who:

(a) In one or more calendar weeks of the year performs at least two hours of work within the geographic boundaries of the City for an Employer; and

(b) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as set forth in the California Labor Code and wage orders published by the California Industrial Welfare Commission or the State of California Division of Labor Standards Enforcement, or is a participant in a State of California Welfare-to-Work Program.

(c) Employee does not include any person who is authorized to be employed at less than the minimum wage under a special license issued under California Labor Code sections 1191 or 1191.5; any person employed under a publicly subsidized summer or short-term youth employment program, such as the San Diego County Urban Corps Program; or any student employee, camp counselor, or program counselor of an organized camp as defined in California Labor Code section 1182.4. Employee also does not include any person who is employed as an independent contractor as defined by the California Labor Code.

Employer means any person or persons, as defined in California Labor Code section 18, who exercises control over the wages, hours, or working conditions of any Employee, or suffers or permits the Employee to work, or engages the Employee.

Employer does not include a person receiving services under the California In-Home Supportive Services program pursuant to Welfare and Institutions Code section 12300.

Enforcement Office means the Office of the City Treasurer, or other Office or Department under the authority of the Mayor and designated by the Mayor to enforce this Division.

Enforcement Official means any person authorized to enforce violations of this Division.

Family Member means a Child, Spouse, Parent, grandparent, grandchild, Sibling, or the Child or Parent of a Spouse.

Health Care Provider means any person licensed under federal or California law to provide medical or emergency services, including, but not limited to, doctors, nurses and emergency room personnel.

Minimum Wage means an hourly minimum rate to be paid to Employees, as defined in section 39.0107 of this Division.

Parent means a biological, foster, or adoptive parent; a step-parent; a legal guardian; or a person who stood in loco parentis when the Employee was a minor child.

Public Health Emergency means a state of emergency declared by any public official with the authority to do so, including officials with the City, the County of San Diego, the State of California, or the United States government.

Retaliation means any threat, discipline, discharge, demotion, suspension, reduction in Employee hours, or any other adverse employment action against any Employee for exercising or attempting to exercise any right guaranteed under this Division.

Safe Time means time away from work that is necessary due to Domestic Violence, Sexual Assault, or Stalking, provided the time is used to allow the Employee to obtain for the Employee or the Employee’s Family Member one or more of the following:

(a) Medical attention needed to recover from physical or psychological injury or disability caused by Domestic Violence, Sexual Assault, or Stalking;

(b) Services from a victim services organization;

(c) Psychological or other counseling;

(d) Relocation due to the Domestic Violence, Sexual Assault, or Stalking; or

(e) Legal services, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the Domestic Violence, Sexual Assault, or Stalking.

Sexual Assault means “rape” as defined in California Penal Code section 261 or “sexual battery” as defined by California Penal Code section 243.4.

Sibling means a brother or sister, whether related through half blood, whole blood, or adoption, or one who is a step-sibling.

Spouse means a person to whom an Employee is legally married under the laws of the State of California, or the Employee’s Domestic Partner.

Stalking means the unlawful conduct described in California Penal Code section 646.9.

n San Diego Municipal Code u00a7 39.0106 Use of Earned Sick Leave

(a) An Employee may use Earned Sick Leave for any of the following reasons:

(1) The Employee is physically or mentally unable to perform his or her duties due to illness, injury, or a medical condition of the Employee.

(2) The Employee’s absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the Employee.

(3) The Employee’s absence is for other medical reasons of the Employee, such as pregnancy or obtaining a physical examination.

(4) The Employee is providing care or assistance to a Family Member, with an illness, injury, or medical condition, including assistance in obtaining professional diagnosis or treatment of a medical condition.

(5) The Employee’s absence is for the Employee’s use of Safe Time.

(6) The Employee’s place of business is closed by order of a public official due to a Public Health Emergency, or the Employee is providing care or assistance to a Child, whose school or child care provider is closed by order of a public official due to a Public Health Emergency.

(b) An Employer may require reasonable notice of the need to use Earned Sick Leave. Where the need is foreseeable, an Employer may require reasonable advance notice of the intention to use such Earned Sick Leave, not to exceed seven days notice prior to the date such Earned Sick Leave is to begin. Where the need is not foreseeable, an Employer may require an Employee to provide notice of the need for the use of Earned Sick Leave as soon as practicable.

(c) For an absence of more than three consecutive work days, an Employer may require reasonable documentation that the use of Earned Sick Leave was authorized under subsection (a) of this section. An Employer must accept as reasonable, documentation signed by a licensed Health Care Provider indicating the need for the amount of Earned Sick Leave taken, and an Employer may not require that the documentation specify the nature of the Employee’s or the Employee’s Family Member’s injury, illness, or medical condition.

(d) An Employer must not require an Employee, as a condition of using Earned Sick Leave, to search for or find a replacement worker to cover the hours during which such Employee is using Earned Sick Leave.

n San Diego Municipal Code u00a7 39.0111 Retaliation Prohibited

Employers are prohibited from engaging in Retaliation against an Employee for exercising any right provided by this Division. The protections of this Division apply to any Employee who reasonably and in good faith reports a violation of this Division to his or her Employer or a governmental agency tasked with overseeing the enforcement of any wage and hour law applicable to the Employer. Rights under this Division include, but are not limited to, the right to request payment of the Minimum Wage, request and use Earned Sick Leave, file a complaint for alleged violations of this Division with the Enforcement Office or in court, communicate with any person about any violation or alleged violation of this Division, participate in any administrative or judicial action regarding an alleged violation of this Division, or inform any person of his or her potential rights under this Division. Protections of this Division apply to any Employee who mistakenly, but in good faith, alleges noncompliance with this Division. An Employer’s adverse action against an Employee within 90 calendar days of the Employee’s exercise of rights provided by this Division creates a rebuttable presumption that the Employer acted in retaliation against the Employee for the Employee’s exercise of protected rights.

n San Diego Municipal Code u00a7 39.0112 Remedies

(a) Any person claiming harm from a violation of this Division, including the City and an Employee, may bring a cause of action against an Employer in a court of competent jurisdiction to enforce the provisions of this Division, without exhausting the administrative remedies set forth in this Division. Submitting a complaint to the Enforcement Office is neither a prerequisite to nor a bar to bringing a civil action in a court of competent jurisdiction.

(b) Any person claiming harm from a violation of this Division, including an Employee and the City, is entitled to all legal and equitable relief to remedy any violation of this Division, including, but not limited to, the payment to an Employee of back wages withheld in violation of this Division; damages for an Employer’s denial of the use of accrued Earned Sick Leave in violation of this Division, payable to an Employee; reinstatement of employment or other injunctive relief; reasonable attorneys’ fees and costs to any plaintiff who prevails in an action to enforce this Division; and payment of liquidated damages to an Employee equal to double back wages withheld, except as otherwise provided in this subsection. When an Employer engages in Retaliation against an Employee, the Employer is subject to liquidated damages that are the greater of double back wages or $1,000 for each violation not resulting in termination of employment, and the greater of double back wages or $3,000 when an Employee is terminated from employment for exercising any right provided by this Division. Violations of this Division are declared to irreparably harm the public and covered Employees generally.

(c) Any Employer who violates any requirement of this Division is also subject to a civil penalty, assessed and payable to the City, of no less than $500, but no more than $1,000 per violation, except as otherwise provided in this subsection. Each and every day that an Employer fails to pay an Employee Minimum Wage or fails to provide an Employee with Earned Sick Leave constitutes a separate and distinct violation. Any Employer who fails to comply with the notice and posting requirements of this Division is subject to a civil penalty of $500 for each Employee who was not given appropriate notice pursuant to that section, up to a maximum of $2,000. Any Employer who engages in Retaliation against an Employee for exercising any right provided by this Division is subject to a civil penalty of no less than $1,000, but no more than $3,000 per violation. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Minimum Wage provisions, are limited to $10,000. The cumulative civil penalties that may be assessed against an Employer, who has not previously violated any provision of this Division and who violates the Earned Sick Leave provisions, are limited to $10,000. An Employer is deemed to have violated a provision of this Division upon issuance of (1) a Notice of Satisfaction, (2) Administrative Enforcement Order, or (3) final judgment of a court of competent jurisdiction, with a finding of a violation. The minimum and maximum civil penalties under this subsection must be increased cumulatively by fifty percent for each subsequent violation of the same provision in this Division by the same Employer or other person within a three-year period. If civil penalties and costs are the subject of administrative appeal or judicial review, then the accrual of penalties and other costs is stayed until the determination of the appeal or review is final.

(d) Notwithstanding section 12.0201 of this Code, violations of this Division may not be prosecuted as a misdemeanor or infraction.

(e) This Division does not create any right of action or cause of action for damages against the City in its enforcement of this Division.

(f) This section is not intended to supersede any applicable, current or future state or local law, rule, regulation, or approved memoranda of understanding binding on the City, as a public agency employer, and its Employees.

(g) If an Employer ceases its business operations, sells out, exchanges, or otherwise disposes of the Employer’s business, then any person who becomes a successor to the business will be liable for the unpaid amount of the remedies as defined in the Notice and Order if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the fact and amount of the Notice and Order.

n Cal. Labor Code u00a7 246 Paid sick days

(a) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.

(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section.

(2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek.

(3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period.

(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment.

(c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.

(d) Accrued paid sick days shall carry over to the following year of empl

San Diego, CA u00a7 142.1301 Purpose of Inclusionary Affordable Housing Regulations

The purpose of this Division is to encourage diverse and balanced neighborhoods with housing available for households of all income levels. The intent is to ensure that when developing the limited supply of developable land, housing opportunities for persons of all income levels are provided.

San Diego, CA u00a7 142.1305 Election to Provide For-Sale Affordable Housing Units in a For-Sale Development

(a) Instead of paying the applicable Inclusionary Affordable Housing Fee, an applicant may elect to comply with this Division by providing at least ten percent of the total dwelling units in the proposed development as affordable to targeted ownership households in a for-sale development.

(b) The development of for-sale affordable housing units is subject to the following requirements and the provisions of the Inclusionary Affordable Housing Implementation and Monitoring Procedures Manual.

(1) The for-sale affordable housing limits shall be constructed and receive final inspection approval from the Building Official no later than the date that the market-rate units receive final inspection approval from the Building Official. The applicant may seek an alternative development schedule in accordance with the provisions of Sections 142.1307 and 142.1308.

(2) The sales price for each for-sale affordable housing limit shall not exceed an amount that is affordable to a targeted ownership household, as determined by the San Diego Housing Commission and detailed in the Inclusionary Housing Procedures Manual.

(3) The equity in a for-sale affordable housing unit shall be shared between the owner and the San Diego Housing Commission in an amount based upon length of ownership at the time of the first resale, in accordance with Table 142-13A.

(A) Equity means the difference between the unrestricted fair market value of the affordable unit on the date of the first resale, as determined by an appraisal approved by the San Diego Housing Commission, and the sum of: (i) the original unrestricted fair market value of the affordable limit at the time of its acquisition by the targeted ownership household, and (ii) the actual costs of any San Diego Housing Commission approved improvements to the affordable unit. If the foregoing calculation of equity results in a negative number, the equity shall be deemed to be zero.

(B) The term resale is defined in the Inclusionary Affordable Housing Implementation and Monitoring Procedures Manual, and includes the sale, conveyance, transfer or refinancing of all or any part of the affordable unit by a targeted ownership household.

(C) Equity shall not be shared if all of the following apply:

(i) The purchaser of the affordable unit is a targeted ownership household approved by the San Diego Housing Commission;

(ii) The sales price does not exceed an amount that is affordable to a targeted ownership household as determined by the San Diego Housing Commission; and

(iii) The purchaser assumes all of the obligations of the initial targeted ownership household.

(4) All funds collected shall be deposited into the Affordable Housing Fund.

(5) The San Diego Housing Commission shall be entitled to the first right of refusal on any for-sale affordable unit upon its sale.

(6) Each for-sale affordable housing unit shall have recorded against it a Declaration of Covenants, Conditions and Restrictions that complies with Section 142.1310. The Declaration of Covenants, Conditions and Restrictions shall be secured by a recorded deed of trust in favor of the San Diego Housing Commission.

Table 142-13A

Length of Ownership at the Time of Resale

Share of Equity to

Household

Months 0-12

15%

Year 2

21

Year 3

27

Year 4

33

Year 5

39

Year 6

45

Year 7

51

Year 8

57

Year 9

63

Year 10

69

Year 11

75

Year 12

81

Year 13

87

Year 14

93

Year 15 or after

100%

San Diego Resolution Number 297376

Be it resolved, by the Council of the City of San Diego, that the Street Design Manual filed in the Office of the City Clerk on October 18, 2002 as Document Number RR-297376 i hereby adopted, for the purpose of establishing uniform policies and guidelines to carry out the City’s street design functions, and to provide information and guidance to City staff and professional in the private design sector who are responsible for the design for the City’s streets.

San Diego Street Design Manual

INTRODUCTION

Streets play a major role in shaping the form of the urban environment. The quality of the street experience is a key element in the quality of a neighborhood. The Progress Guide and General Plan describes the function of the City’s street system as follows:

Streets serve a variety of purposes. One is for the circulation of people, vehicles, goods, and services (utilities). Streets also serve as shopping corridors, restaurant rows, linear parks, residential front yards, extensions of office lobbies, ceremonial gathering places, parade grounds, racing courses, display areas, entertainment strips, etc. The street is really the City, organized along a corridor. It is a continuous forum for gathering where all those activities have their overture, making city life what it is. It has economic, social, aesthetic, political, ecological even philosophical-implications. And, all this is in addition to providing a right-of-way for people and things.

The City of Villages Initiative recognizes streets as an important element in shaping our urban form and improving our neighborhood quality by:

• Balancing the needs of emergency vehicles with everyday traffic concerns—such as vehicle speeding and pedestrian safety— through street design policy.

• Promoting an interconnected street network that includes pedestrian and bicycle access where topography and land form permit

• Creating a more attractive and safe pedestrian environment through the promotion of an active streetscape and the use of public art and artistic elements.

• Reducing peak energy demand through the incorporation of urban heat island reduction measures into the appropriate site and street design guidelines, landscape standards, and building codes.

• Promoting pedestrian- and transit-friendly design of City streets.

• Providing capacity and operational improvements to streets to minimize congestion and focus on persons and goods, not just vehicles.

These are the guiding principles of the Street Design Manual.

The purpose of the Street Design Manual is to provide information and guidance for the design of the public right-of-way that recognizes the many and varied purposes that a street serves. The Street Design Manual is intended to assist in the implementation of the Progress Guide and General Plan, the Strategic Framework Element, the Transit-Oriented Development Design Guidelines, and the Land Development Code. In addition, it is intended to assist in the implementation of the special requirements established through community plans, specific plans, precise plans, or other City Council adopted policy and/or regulatory documents.

[…]

California Department of Transportation DP-64-R2. Complete Streets – Integrating the Transportation System

POLICY

The California Department of Transportation (Caltrans) provides for the needs of travelers of all ages and abilities in all planning, programming, design, construction, operations, and maintenance activities and products on the State highway system. Caltrans views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system.

Caltrans develops integrated multimodal projects in balance with community goals, plans, and values. Addressing the safety and mobility needs of bicyclists, pedestrians, and transit users in all projects, regardless of funding, is implicit in these objectives. Bicycle, pedestrian, and transit travel is facilitated by creating “complete streets” beginning early in system planning and continuing through project delivery and maintenance and operations. Developing a network of “complete streets” requires collaboration among all Department functional units and stakeholders to establish effective partnerships.

DEFINITION/BACKGROUND

Complete Street – A transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit riders, and motorists appropriate to the function and context of the facility.

The intent of this directive is to ensure that travelers of all ages and abilities can move safely and efficiently along and across a network of “complete streets.”

State and federal laws require Caltrans and local agencies to promote and facilitate increased bicycling and walking. California Vehicle Code (CVC) sections 21200-21212, and Streets and Highways Code (sections 890-894.2) identify the rights of bicyclists and pedestrians, and establish legislative intent that people of all ages using all types of mobility devices are able to travel on roads. Bicyclists, pedestrians, and non-motorized traffic are permitted on all state facilities, unless prohibited (CVC, section 21960). Therefore, the Department and local agencies have the duty to provide for the safety and mobility needs of all who have legal access to the transportation system.

Department manuals and guidance outline statutory requirements, planning policy, and project delivery procedures to facilitate multimodal travel, which includes connectivity to public transit for bicyclists and pedestrians. In many instances, roads designed to Caltrans’ standards provide basic access for bicycling and walking. This directive does not supersede existing laws. To ensure successful implementation of “complete streets,” manuals, guidance, and training will be updated and developed.

RESPONSIBILITIES

Chief Deputy Director:

• Establishes policy consistent with Caltrans’ objectives to develop a safe and efficient multimodal transportation system for all users.

• Ensures management staff is trained to provide for the needs of bicyclists, pedestrians, and transit users.

Deputy Directors, Planning and Modal Programs and Project Delivery:

• Include bicycle, pedestrian, and transit modes in statewide strategies for safety and mobility, and in system performance measures.

• Provide tools and establish processes to identify and address the needs of bicyclists, pedestrians, and transit users early and continuously throughout planning and project development activities.

• Ensure districts document decisions regarding bicycle, pedestrian, and transit modes in project initiation and scoping activities.

• Ensure departmental manuals, guidance, standards, and procedures reflect this directive, and identify and explain Caltrans’ objectives for multimodal travel.

• Ensure an Implementation Plan for this directive is developed.

Deputy Director, Maintenance and Operations:

• Provides tools and establishes processes that ensure regular maintenance and operations activities meet the safety and mobility needs of bicyclists, pedestrians, and transit users in construction and maintenance work zones, encroachment permit work, and system operations.

• Ensures departmental manuals, guidance, standards, and procedures reflect this directive and identifies and explains Caltrans’ objectives for multimodal travel.

District Directors:

• Promote partnerships with local, regional, and state agencies to plan and fund facilities for integrated multimodal travel and to meet the needs of all travelers.

• Identify bicycle and pedestrian coordinator(s) to serve as advisor(s) and external liaison(s) on issues that involve the district, local agencies, and stakeholders.

• Ensure bicycle, pedestrian, and transit needs are identified in district system planning products; addressed during project initiation; and that projects are designed, constructed, operated, and maintained using current standards.

• Ensure bicycle, pedestrian, and transit interests are appropriately represented on interdisciplinary planning and project delivery development teams.

• Provide documentation to support decisions regarding bicycle, pedestrian, and transit modes in project initiation and scoping activities.

Deputy District Directors, Planning, Design, Construction, Maintenance, and Operations:

• Ensure bicycle, pedestrian, and transit user needs are addressed and deficiencies identified during system and corridor plaing, project initiation, scoping, and programming.

• Collaborate with local and regional partners to plan, develop, and maintain effective bicycle, pedestrian, and transit networks.

• Consult locally adopted bicycle, pedestrian, and transit plans to ensure that state highway system plans are compatible.

• Ensure projects are planned, designed, constructed, operated, and maintained consistent with project type and funding program to provide for the safety and mobility needs of all users with legal access to a transportation facility.

• Implement current design standards that meet the needs of bicyclists, pedestrians, and transit users in design, construction and maintenance work zones, encroachment permit work, and in system operations.

• Provide information to staff, local agencies, and stakeholders on available funding programs addressing bicycle, pedestrian, and transit travel needs.

Chiefs, Divisions of Aeronautics, Local Assistance, Rail and Mass Transportation, Transportation Planning, Research, Innovation and System Information, and Transportation Programming:

• Ensure incorporation of bicycle, pedestrian, and transit travel elements in all Caltrans transportation plans and studies.

• Support interdisciplinary participation within and between districts in the project development process to provide for the needs of all users.

• Encourage local agencies to include bicycle, pedestrian, and transit elements in regional and local plaing documents, including general plans, transportation plans, and circulation elements.

• Promote land uses that encourage bicycle, pedestrian, and transit travel.

• Advocate, partner, and collaborate with stakeholders to address the needs of bicycle, pedestrian, and transit travelers in all program areas.

• Support the development of new technology to improve safety, mobility, and access for bicyclists, pedestrians, and transit users of all ages and abilities.

• Research, develop, and implement multimodal performance measures.

• Provide information to staff, local agencies, and stakeholders on available funding programs to address the needs of bicycle, pedestrian, and transit travelers.

Chiefs, Divisions of Traffic Operations, Maintenance, Environmental Analysis, Design, Construction, and Project Management:

• Provide guidance on project design, operation, and maintenance of work zones to safely accommodate bicyclists, pedestrians, and transit users.

• Ensure the transportation system and facilities are planned, constructed, operated, and maintained consistent with project type and funding program to maximize safety and mobility for all users with legal access.

• Promote and incorporate, on an ongoing basis, guidance, procedures, and product reviews that maximize bicycle, pedestrian, and transit safety and mobility.

• Support multidisciplinary district participation in the project development process to provide for the needs of all users.

Employees:

• Follow and recommend improvements to manuals, guidance, and procedures that maximize safety and mobility for all users in all transportation products and activities.

• Promote awareness of bicycle, pedestrian, and transit needs to develop an integrated, multimodal transportation system.

• Maximize bicycle, pedestrian, and transit safety and mobility through each project’s life cycle.

[…]

Cal. Government Code u00a7 65302

The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:

(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:

(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).

(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.

(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.

(B) The following definitions govern this paragraph:

(i) “Military readiness activities” mean all of the following:

(I) Training, support, and operations that prepare the men and women of the military for combat.

(II) Operation, maintenance, and security of any military installation.

(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.

(ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.

(b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.

(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.

(B) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

(c) A housing element as provided in Article 10.6 (commencing with Section 65580).

(d) (1) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.

(2) The conservation element may also cover all of the following:

(A) The reclamation of land and waters.

(B) Prevention and control of the pollution of streams and other waters.

(C) Regulation of the use of land in stream chaels and other areas required for the accomplishment of the conservation plan.

(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.

(E) Protection of watersheds.

(F) The location, quantity, and quality of the rock, sand, and gravel resources.

(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.

(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).

(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:

(A) Highways and freeways.

(B) Primary arterials and major local streets.

(C) Passenger and freight online railroad operations and ground rapid transit systems.

(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.

(E) Local industrial plants, including, but not limited to, railroad classification yards.

(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.

(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.

(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.

(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.

(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.

(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:

(A) Identify information regarding flood hazards, including, but not limited to, the following:

(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA). The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.

(ii) National Flood Insurance Program maps published by FEMA.

(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.

(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.

(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.

(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.

(vii) Maps of levee protection zones.

(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.

(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.

(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.

(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.

(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:

(i) Avoiding or minimizing the risks of flooding to new development.

(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.

(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.

(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.

(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.

(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).

(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:

(A) Information regarding fire hazards, including, but not limited to, all of the following:

(i) Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.

(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.

(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.

(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.

(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.

(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.

(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:

(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.

(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.

(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.

(iv) Working cooperatively with public agencies with responsibility for fire protection.

(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.

(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:

(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).

(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:

(I) Information from the Internet-based Cal-Adapt tool.

(II) Information from the most recent version of the California Adaptation Planning Guide.

(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.

(IV) Information from local agencies on their current ability to deal with the impacts of climate change.

(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.

(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.

(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.

(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.

(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:

(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.

(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.

(iii) The designation of adequate and feasible infrastructure located in an at-risk area.

(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.

(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, “natural infrastructure” means the preservation or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. This may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days.

(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information

Cal. Bus. & Prof. Code u00a7 22952. State Department of Public Health; Responsibilities

The State Department of Public Health shall do all of the following:

(a) Establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through the enforcement activities authorized by this division.

(b) Establish requirements that retailers of tobacco products post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under 21 years of age is illegal and subject to penalties. The notice shall also state that the law requires that all persons selling tobacco products check the identification of a purchaser of tobacco products who reasonably appears to be under 21 years of age. The warning signs shall include a toll-free telephone number to the department for persons to report unlawful sales of tobacco products to any person under 21 years of age.

(c) Provide that primary responsibility for enforcement of this division shall be with the department. In carrying out its enforcement responsibilities, the department shall conduct random, onsite sting inspections at retail sites and shall enlist the assistance of persons that are under 21 years of age in conducting these enforcement activities. The department may conduct onsite sting inspections in response to public complaints or at retail sites where violations have previously occurred, and investigate illegal sales of tobacco products to any person under 21 years of age by telephone, mail, or the Internet. A person under 21 years of age who participates in these enforcement activities is immune from prosecution under any provision of law prohibiting the purchase of these products by a person under 21 years of age.

(d) In accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt and publish guidelines for the use of persons under 21 years of age in inspections conducted pursuant to subdivision (c) that shall include, but not be limited to, all of the following:

(1) An enforcing agency may use persons under 21 years of age in random inspections to determine if sales of cigarettes or other tobacco products are being made to persons under 21 years of age.

(2) A photograph or video recording of the person under 21 years of age shall be taken prior to each inspection or shift of inspections and retained by the enforcing agency for purposes of verifying appearances.

(3) An enforcing agency may use video recording equipment when conducting the inspections to record and document illegal sales or attempted sales.

(4) The person under 21 years of age, if questioned about his or her age, need not state his or her actual age but shall present a true and correct identification if verbally asked to present it. Any failure on the part of the person under 21 years of age to provide true and correct identification, if verbally asked for it, shall be a defense to an action pursuant to this section.

(5) The person under 21 years of age shall be under the supervision of a regularly employed peace officer during the inspection.

(6) All persons under 21 years of age used in this manner by an enforcing agency shall display the appearance of a person under 21 years of age. It shall be a defense to an action under this division that the person’s appearance was not that which could be generally expected of a person under 21 years of age, under the actual circumstances presented to the seller of the cigarettes or other tobacco products at the time of the alleged offense.

(7) Following the completion of the sale, the peace officer accompanying the person under 21 years of age shall reenter the retail establishment and shall inform the seller of the random inspection. Following an attempted sale, the enforcing agency shall notify the retail establishment of the inspection.

(8) Failure to comply with the procedures set forth in this subdivision shall be a defense to an action brought pursuant to this section.

(e) Be responsible for ensuring and reporting the state’s compliance with Section 1926 of Title XIX of the federal Public Health Service Act (42 U.S.C. Sec. 300x-26) and any implementing regulations adopted in relation thereto by the United States Department of Health and Human Services. A copy of this report shall be made available to the Governor and the Legislature.

(f) Provide that any civil penalties imposed pursuant to Section 22958 shall be enforced against the owner or owners of the retail business and not the employees of the business.

Cal. Bus. & Professions Code u00a7 22950.5 Definitions

For purposes of this division, the following terms have the following meanings:

(a) “Department” means the State Department of Public Health.

(b) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.

(c) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(d)

(1) “Tobacco product” means any of the following:

(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.

(2) “Tobaccoproduct” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

Cal. Bus. & Prof. Code u00a7 22956. Retailers; identification check of tobacco purchasers

All persons engaging in the retail sale of tobacco products shall check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age.

{"the_law":" Cal. Gov't. code u00a7 7597. Smoking prohibition; preemption

(a) No public employee or member of the public shall smoke a tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.

(b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.

(c) For purposes of this section, "smoke" and "smoking" have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d) For purposes of this section, "tobaccoproduct" means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

n Cal. Labor code u00a7 6404.5 Enclosed place of employment; smoking prohibition; legislative findings, declarations, and intent; uniform statewide standard; violation; penalties

(a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that an area not defined as a "placeofemployment" pursuant to subdivision (e) is subject to local regulation of smoking of tobacco products.

(b) For purposes of this section, an "owner-operatedbusiness" shall mean a business having no employees, independent contractors, or volunteers, in which the owner-operator of the business is the only worker. "Enclosedspace" includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (e).

(c) An employer or owner-operator of an owner-operated business shall not knowingly or intentionally permit, and a person shall not engage in, the smoking of tobacco products at a place of employment or in an enclosed space.

(d) For purposes of this section, an employer or owner-operator of an owner-operated business who permits any nonemployee access to his or her place of employment or owner-operated business on a regular basis has not acted knowingly or intentionally in violation of this section if he or she has taken the following reasonable steps to prevent smoking by a nonemployee:

(1) Posted clear and prominent signs, as follows:

(A) Where smoking is prohibited throughout the building or structure, a sign stating "Nosmoking" shall be posted at each entrance to the building or structure.

(B) Where smoking is permitted in designated areas of the building or structure, a sign stating "Smokingisprohibitedexceptindesignatedareas" shall be posted at each entrance to the building or structure.

(2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace or owner-operated business.

For purposes of this subdivision, "reasonablesteps" does not include (A) the physical ejection of a nonemployee from the place of employment or owner-operated business or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee or owner-operator.

(e) For purposes of this section, "placeofemployment" does not include any of the following:

(1) Twenty percent of the guestroom accommodations in a hotel, motel, or similar transient lodging establishment.

(2) Retail or wholesale tobacco shops and private smokers' lounges. For purposes of this paragraph:

(A) "Privatesmokers' lounge" means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.

(B) "Retail or wholesale tobacco shop" means any business establishment, the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.

(3) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if nonsmoking employees are not present.

(4) Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

(5) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

(6) Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Section 1596.795 of the Health and Safety Code.

(7) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code.

(f) The smoking prohibition set forth in this section constitutes a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses and supersedes and renders uecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses. Insofar as the smoking prohibition set forth in this section is applicable to all (100 percent) places of employment and owner-operated businesses within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions.

(g) This section does not prohibit an employer or owner-operator of an owner-operated business from prohibiting smoking of tobacco products in an enclosed place of employment or owner-operated business for any reason.

(h) The enactment of local regulation of smoking of tobacco products in enclosed places of employment or owner-operated businesses by local governments shall be suspended only for as long as, and to the extent that, the (100 percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100 percent) smoking prohibition is no longer applicable to all enclosed places of employment and owner-operated businesses in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment and owner-operated businesses within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, an area not defined as a "place of employment" or in which smoking is not regulated pursuant to subdivision (e), is subject to local regulation of smoking of tobacco products.

(i) A violation of the prohibition set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body.

(j) Notwithstanding Section 6309, the division is not required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (i) of a third violation of subdivision (c) within the previous year.

(k) If a provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

(l) For purposes of this section, "smoking" has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(m) For purposes of this section, "tobacco product" means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

n Cal. Health & Safety code u00a7 1596.795. Smoking; prohibition in licensed family day care homes; authority to enact or enforce more stringent ordinances; prohibition on premises of licensed day care centers

(a) The smoking of a tobacco product in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section.

(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.

(c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

n Cal. Health & Safety code u00a7 118920. Legislative findings and declarations

(a) The Legislature hereby finds and declares that the United States Surgeon General's1986ReportontheHealthConsequencesofInvoluntarySmokingconcludeallofthefollowing:

(1)Involuntarysmokingisacauseofdisease,includinglungcancer,inhealthynonsmokers.

(2)Thechildrenofparentswhosmokecomparedwiththechildrenofnonsmokingparentshaveanincreasedfrequencyofrespiratoryinfections,increasedrespiratorysymptoms,andslightlysmallerratesofincreaseinlungfunctionasthelungsmature.

(3)Thesimpleseparationofsmokersandnonsmokerswithinthesameairspacemayreduce,butdoesnoteliminate,theexposureofnonsmokerstoenvironmentaltobaccosmoke.

(b)TheLegislaturefurtherfindsanddeclaresthefollowing:

(1)Nonsmokershavenoadequatemeanstoprotectthemselvesfromthedamageinflicteduponthemwhentheyinvoluntarilyinhaletobaccosmoke.

(2)Regulationofsmokinginpublicplacesisnecessarytoprotectthehealth,safety,welfare,comfort,andenvironmentofnonsmokers.

(c)Itis,therefore,theintentoftheLegislature,inenactingthisarticle,toeliminatesmokingonpublictransportationvehicles.

nSanDiego,Cal.,Ordinanceu00a743.1002Prohibitions

(a)ItisunlawfultosmokeorvapeinanenclosedpublicplaceoranenclosedplaceofemploymentexceptinadesignatedoutdoorsmokingorvapingarealawfullyestablishedinaccordancewiththisDivisionorthelawoftheStateofCalifornia.

(b)Itisunlawfultosmokeorvapeinatotlotorwithinfiftyfeetofatotlot.Thisprohibitiondoesnotapplytoprivateproperty.

(c)Itisunlawfulforanowner,operator,ormanagerofanyfacility,business,oragencytodesignateormaintainasmokingorvapingareainapublicplaceorplaceofemploymentwhichdoesnotcomplywiththerequirementsofSanDiegoMunicipalCodesections43.1003and43.1004.

(d)Itisunlawfulforanowner,operator,ormanagerofanyfacility,business,oragencytoknowinglypermitashtraysorotherashreceptaclestobelocatedinareaswheresmokingorvapingisprohibitedbythisDivision.

(e)Itisunlawfultointimidate,threatenanyreprisal,oreffectanyreprisal,forthepurposeofretaliatingagainstanotherpersonwhoseekstoattaincompliancewiththeprovisionsofthisDivision.

(f)Itisunlawfultotamperwith,remove,deface,destroyorotherwisevandalizeanysigndesignatingeither:

(1)theprohibitionofsmokingorvaping,or

(2)ademarcatedareaforsmokingorvapingasdescribedinCodesection43.1002(g).

(g)Itisunlawfultosmokeorvapeinapublicparkorpublicbeach,onaboardwalk,seawall,City-ownedfishingpier,orontheCabrilloBridgeinBalboaPark,exceptinatemporaryorpermanentareaauthorizedbytheCityofSanDiegothatisclearlydemarcatedbysignsinconformitywiththisDivision.

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Cal. Bus. & Prof. Code u00a7 23790. Retaileru2019s license; zoning

No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions:

(a) The premises retain the same type of retail liquor license within a license classification.

(b) The licensed premises are operated continuously without substantial change in mode or character of operation.

For purposes of this subdivision, a break in continuous operation does not include:

(1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages.

(2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages.

n California Constitution, Art. 20 u00a7 22. Alcoholic beverages

The State of California, subject to the internal revenue laws of the United States, shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State, and subject to the laws of the United States regulating commerce between foreign nations and among the states shall have the exclusive right and power to regulate the importation into and exportation from the State, of alcoholic beverages. In the exercise of these rights and powers, the Legislature shall not constitute the State or any agency thereof a manufacturer or seller of alcoholic beverages.

All alcoholic beverages may be bought, sold, served, consumed and otherwise disposed of in premises which shall be licensed as provided by the Legislature. In providing for the licensing of premises, the Legislature may provide for the issuance of, among other licenses, licenses for the following types of premises where the alcoholic beverages specified in the licenses may be sold and served for consumption upon the premises:

(a) For bona fide public eating places, as defined by the Legislature.

(b) For public premises in which food shall not be sold or served as in a bona fide public eating place, but upon which premises the Legislature may permit the sale or service of food products incidental to the sale and service of alcoholic beverages. No person under the age of 21 years shall be permitted to enter and remain in any such premises without lawful business therein.

(c) For public premises for the sale and service of beers alone.

(d) Under such conditions as the Legislature may impose, for railroad dining or club cars, passenger ships, common carriers by air, and bona fide clubs after such clubs have been lawfully operated for not less than one year.

The sale, furnishing, giving, or causing to be sold, furnished, or giving away of any alcoholic beverage to any person under the age of 21 years is hereby prohibited, and no person shall sell, furnish, give, or cause to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21 years, and no person under the age of 21 years shall purchase any alcoholic beverage.

The Director of Alcoholic Beverage Control shall be the head of the Department of Alcoholic Beverage Control, shall be appointed by the Governor subject to confirmation by a majority vote of all of the members elected to the Senate, and shall serve at the pleasure of the Governor. The director may be removed from office by the Governor, and the Legislature shall have the power, by a majority vote of all members elected to each house, to remove the director from office for dereliction of duty or corruption or incompetency. The director may appoint three persons who shall be exempt from civil service, in addition to the person he is authorized to appoint by Section 4 of Article XXIV.

The Department of Alcoholic Beverage Control shall have the exclusive power, except as herein provided and in accordance with laws enacted by the Legislature, to license the manufacture, importation and sale of alcoholic beverages in this State, and to collect license fees or occupation taxes on account thereof. The department shall have the power, in its discretion, to deny, suspend or revoke any specific alcoholic beverages license if it shall determine for good cause that the granting or continuance of such license would be contrary to public welfare or morals, or that a person seeking or holding a license has violated any law prohibiting conduct involving moral turpitude. It shall be unlawful for any person other than a licensee of said department to manufacture, import or sell alcoholic beverages in this State.

The Alcoholic Beverage Control Appeals Board shall consist of three members appointed by the Governor, subject to confirmation by a majority vote of all of the members elected to the Senate. Each member, at the time of his initial appointment, shall be a resident of a different county from the one in which either of the other members resides. The members of the board may be removed from office by the Governor, and the Legislature shall have the power, by a majority vote of all members elected to each house, to remove any member from office for dereliction of duty or corruption or incompetency.

When any person aggrieved thereby appeals from a decision of the department ordering any penalty assessment, issuing, denying, transferring, suspending or revoking any license for the manufacture, importation, or sale of alcoholic beverages, the board shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the board shall not receive evidence in addition to that considered by the department. Review by the board of a decision of the department shall be limited to the questions whether the department has proceeded without or in excess of its jurisdiction, whether the department has proceeded in the manner required by law, whether the decision is supported by the findings, and whether the findings are supported by substantial evidence in the light of the whole record. In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department it may enter an order remanding the matter to the department for reconsideration in the light of such evidence. In all other appeals the board shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the board may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department. Orders of the board shall be subject to judicial review upon petition of the director or any party aggrieved by such order.

A concurrent resolution for the removal of either the director or any member of the board may be introduced in the Legislature only if five Members of the Senate, or 10 Members of the Assembly, join as authors.

Until the Legislature shall otherwise provide, the privilege of keeping, buying, selling, serving, and otherwise disposing of alcoholic beverages in bona fide hotels, restaurants, cafes, cafeterias, railroad dining or club cars, passenger ships, and other public eating places, and in bona fide clubs after such clubs have been lawfully operated for not less than one year, and the privilege of keeping, buying, selling, serving, and otherwise disposing of beers on any premises open to the general public shall be licensed and regulated under the applicable provisions of the Alcoholic Beverage Control Act, insofar as the same are not inconsistent with the provisions hereof, and excepting that the license fee to be charged bona fide hotels, restaurants, cafes, cafeterias, railroad dining or club cars, passenger ships, and other public eating places, and any bona fide clubs after such clubs have been lawfully operated for not less than one year, for the privilege of keeping, buying, selling, or otherwise disposing of alcoholic beverages, shall be the amounts prescribed as of the operative date hereof, subject to the power of the Legislature to change such fees.

The State Board of Equalization shall assess and collect such excise taxes as are or may be imposed by the Legislature on account of the manufacture, importation and sale of alcoholic beverages in this State.

The Legislature may authorize, subject to reasonable restrictions, the sale in retail stores of alcoholic beverages contained in the original packages, where such alcoholic beverages are not to be consumed on the premises where sold; and may provide for the issuance of all types of licenses necessary to carry on the activities referred to in the first paragraph of this section, including, but not limited to, licenses necessary for the manufacture, production, processing, importation, exportation, transportation, wholesaling, distribution, and sale of any and all kinds of alcoholic beverages.

The Legislature shall provide for apportioning the amounts collected for license fees or occupation taxes under the provisions hereof between the State and the cities, counties and cities and counties of the State, in such manner as the Legislature may deem proper.

All constitutional provisions and laws inconsistent with the provisions hereof are hereby repealed.

The provisions of this section shall be self-executing, but nothing herein shall prohibit the Legislature from enacting laws implementing and not inconsistent with such provisions.

This amendment shall become operative on January 1, 1957.

n San Diego, Cal. Code u00a7 141.0502 Alcohol 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:

(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 Plaed 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

(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.

(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.

(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;

(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.

San Diego County, SEC. 61.107. GRADING SYSTEM FOR CERTAIN FOOD FACILITIES.

(a) The Director may adopt regulations to grade permanent or mobile food facilities that prepare ready-to-eat food, using a letter grade system. The grading system may be used during any inspection DEH conducts. An “A” grade shall represent a score of 90 percent or higher. A “B” grade shall represent a score of 80 to 89 percent. A “C” grade shall represent a score less than 80 percent. DEH shall issue an alphabetical grade card to each food facility graded during an inspection pursuant to this section and shall provide the permit holder with a list of deficiencies found during the grading inspection. If DEH determines from the inspection, however, that the facility presents an imminent health hazard that warrants immediate closure DEH shall not issue the facility a grade card.

(b) DEH may order a food facility permit holder receiving a grade of “B” or “C” to submit to subsequent re-grade inspections within 30 days, until the facility receives an “A” grade. DEH may also order a permit holder to correct a deficiency found during an inspection in less than 30 days. The permit holder shall pay DEH a re-grade fee at the time of each re-grade inspection, as specified in Title 6, Division 5, Section 65.107 (d).

(c) DEH may use information obtained during an inspection pursuant to this section to temporarily suspend a food facility permit and order a food facility to immediately close due to an imminent health hazard that can’t be immediately corrected. DEH may also use the information obtained during an inspection to modify, suspend or revoke the food facility’s permit.

(d) If DEH determines that a food facility should be ordered to show cause at a hearing why its permit should not be suspended or revoked, DEH may require the facility to post a specified alternative notice instead of a grade card, until that hearing process is concluded and a decision concerning the permit is rendered.

(e) If DEH determines that the public should be informed of temporary conditions affecting a food facility, such as a boil water order or a closure order for only a portion of the facility, DEH may require the facility to post a specified notice, and may direct that such posting be maintained either instead of or in addition to posting a grade card.

(f) Violations of the requirements of this code related to food facility grading shall be subject to the penalties and procedures set out in Division 8 of Title 1 of this code.

n San Diego Municipal Code 2-1-42.0102 County Code of Regulations Adopted

The provisions of the San Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6, Division 1, of the County Code, are incorporated into this Code by this reference.

n San Diego County, SEC. 61.101. PURPOSE.

Part 7 of Division 104 of the California Health and Safety Code (HSC) (sections 113700 et seq.), also referred to as the California Retail Food Code (CRFC), provides Statewide health and sanitation standards for retail food facilities. These sections allow a county to establish some local requirements for retail food facilities and their employees. These sections also provide that a local enforcement agency shall have primary enforcement responsibility for the State regulations in its jurisdiction. The purposes of this Division are to clarify and explain the CRFC for local implementation where necessary, to adopt additional regulations for retail food facilities and their employees to protect the public health and safety in San Diego County, to codify and amend a long-standing County program to regulate caterers, and to appoint the Department of Environmental Health to enforce State and County regulations for retail food facilities and their employees.

Because they are not based on the CRFC, the food facility grading and food handler requirements in this Division (at sections 61.107, 61.108, 61.114 and 61.115) are directly applicable only in the unincorporated portions of San Diego County. However, parallel provisions have been enacted in all of the incorporated cities in the County. Because private event catering is not retail food service as defined in the CRFC, requirements applicable to caterers when preparing and serving food at private events (in Chapter 3 of this Division) are based on County general powers in the unincorporated area (California Constitution, article 11, section 7), and on parallel city ordinances and on State-law health officer powers in incorporated cities. The substantive content of those requirements is based on the CRFC.

Because DEH is the environmental health officer in all incorporated cities in the County (as authorized by State law and by agreement with each city), parallel city ordinance provisions for food facility grading, food handlers and private event caterers are also administered and enforced by DEH. All other provisions of this Division, including all provisions applicable to direct-sales caterers, implement the CRFC and apply County-wide pursuant to the CRFC. All requirements in this Division are administered and enforced by DEH.

This Division does not override any local land use requirement or limitation, or any local regulation on where mobile food facilities may operate.