§132.0404 Supplemental Regulations within Areas of Future Sea Level Rise

• (a) Within the Coastal Overlay Zone, the following regulations apply to dwelling units constructed outside of Special Flood Hazard Areas and within an area of future sea level rise (within a 75-year horizon), as determined by the City Manager based on the most current sea level rise vulnerability maps:

  • (1) The dwelling units shall comply with the regulations in Section 143.0146(c) and if applicable, Section 143.0146(g). The base flood elevation utilized, and the applicability of Section 143.0146(g), shall be based on the FIRM Zone of the Special Flood Hazard Area in closest proximity to the premises on which the dwelling unit is proposed. The permit requirements of 143.0110(b) and other regulations of Chapter 14, Article 3, Division 1 do not apply unless the premises contains Environmentally Sensitive Lands.

    • (A) Hard shoreline armoring shall not be constructed to protect dwelling units from the effects of sea level rise.

    • (B) The record owner of the dwelling unit shall, in a form that is approved by the City Manager, acknowledge the following:

Ch. Art. Div. 13 2 4 5

San Diego Municipal Code

Chapter 13: Zones

(2-2025)

• (i) The dwelling unit is located in an area of future sea level rise that may become hazardous in the future;

• (ii) Sea level rise could render it difficult or impossible to provide public services to the premises ;

• (iii) The boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land;

• (iv) Additional adaptation strategies may be required in the future to address sea level rise consistent with the Coastal Act and certified Local Coastal Program ; and

• (v) The dwelling unit may be required to be removed or relocated and the premises restored to City standards if it becomes unsafe; and

• (vi) The record owner shall waive in writing any rights under Public Resources Code Section 30235 and related Local Coastal Program policies to any hard shoreline armoring to protect the dwelling unit .

• (C) The record owner of the dwelling unit shall provide written notice to all occupants of the dwelling unit of the provisions in Section 132.0404(a)(1)(B) upon occupancy.

(“Supplemental Regulations within Areas of Future Sea Level Rise” added 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

Ch. Art. Div. 13 2 4 6

San Diego Municipal Code

Chapter 13: Zones

(7-2024)

Article 2: Overlay Zones

Division 5: Coastal Height Limit Overlay Zone (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)