This document discusses permitting and regulation requirements for industrial businesses in San Diego. It covers the need for a valid business license that accurately describes the business use. Zoning considerations are discussed, noting that allowable uses depend on the specific address and surrounding plans or projects. A variety of codes and regulations are also outlined that may apply depending on the materials stored and manufacturing activities, including building codes, fire codes, air quality standards, and employee eligibility verification. The presentation aims to explain the various compliance factors businesses must consider for their facilities and operations.
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Permitting and Regulation Requirements for Industrial Businesses
1. INTERNATIONAL OPPORTUNITIES & RESOURCES
FOR SAN DIEGO MANUFACTURERS
Permitting & Regulation Requirements for Industrial Businesses
Presented By:
LINDA GREENBERG
Lee & Associates
2. INTERNATIONAL CLIENT’S EXPECTATIONS FOR SUPPLIERS
Timely delivery of products to the client’s specifications.
Code compliant facility ready to commence production.
Operational flexibility to respond to changes in products and specifications.
Well trained, dependable labor force.
3. BUSINESS LICENSE REQUIREMENTS
All businesses are required to have a business
license, or in the City of San Diego a business
tax certificate, to lawfully operate. Your
business license has to specifically describe
your business. Before being issued, your
license application will be reviewed by the
zoning administrator to ensure your use is
allowed at your business address. The business
license has to renewed annually.
If you relocate your business, a license for the
new address is required. The same process of
reviewing the zoning will apply.
4. BUSINESS LICENSE REQUIREMENTS
In the event your use changes, after you
confirm the use is allowed, you should state the
new use on your business license at renewal
time.
In the event your business is located in an area
going through a community plan update, if the
zoning changes and your business license has
not been renewed, or does not correctly state
your actual use, you may not be protected
under the municipal code provision for
previously conforming premises and uses.
5. ZONING CONSIDERATIONS
Warehousing & Manufacturing Buildings
The use of your premises may change to
accommodate a new customer.
For example, you may occupy a building that is
not zoned for heavy industrial uses.
You might need a Conditional Use Permit for
certain industrial uses.
In Otay Mesa, a residential project is proposed
at the northwest corner of Britannia Boulevard
and Airway Road. If you have a use that
involves certain chemicals, you would not be
able to locate within a certain radius of that
area under CalArp requirements.
The City of Chula Vista has industrial zoning in
the Municipal Code that applies primarily to
the areas west of I-805. Specific plans for the
master planned communities east of 805 such
as the Eastlake Business Center have different
zoning.
There are several community plan updates in
process in the city of San Diego that can change
industrial uses including Southeast San Diego,
Encanto, San Ysidro and Otay Mesa. There is
uncertainty about the status of the Barrio
Logan Community Plan Update with the
collection of over 50,000 signatures for a June
2014 ballot initiative to overturn that
community plan update.
In the National City, the Westside Specific Plan
provides for amortization in the plan area
which will not allow changes in the use of
properties and establishes a period of time
after which a previously conforming use will no
longer be allowed.
Bottom line – allowable uses are specific to
your address. You cannot assume that a
previous use at a property, or a use at a nearby
property, applies to your property.
6. CODE COMPLIANCE CONSIDERATIONS
Zoning may allow your use in your building. An alphabet soup of local, state and federal codes may
not.
The following are some of the agencies or regulations that govern uses in industrial buildings:
- California Building Code (changes every three years), Mechanical & Plumbing Code, Electrical Code
- Fire Code
- Air Pollution Control District
- CalOsha
- Americans With Disabilities Act
Any change in use can trigger compliance requirements with one or multiple regulations. When you
undertake construction projects in your building, you will generally have to obtain a building permit
which will necessitate code upgrades in addition to the change you want to make to the property.
The materials you store as well as the height and density of storage can require upgrading your
sprinkler system.
Manufacturing or processing activities can require equipment to meet air emission standards.
Another compliance issue that is very important is E-verify to confirm that your employees are eligible
to work in the U.S.