§126.0707 Decision Process for a Coastal Development Permit

• (a) A decision on an application for a City-issued Coastal Development Permit in the non- appealable area of the Coastal Overlay Zone shall be made in accordance with Process Two. The decision may be appealed to the Planning Commission in accordance with Section 112.0504. The following are exceptions to this decision process:

  • (1) A decision on an application for a capital improvement program project or public project in the non-appealable or the appealable area of the Coastal Overlay Zone shall be made in accordance with Section 126.0707(c).

  • (2) A decision on an application in the non- appealable area of the Coastal Overlay Zone for sidewalk cafes, streeteries, and active sidewalks in accordance with Section 141.0621, outdoor dining on private property in accordance with Section 141.0628, and promenades in accordance with Section 141.0629 shall be made in accordance with Section 126.0707(h).

• (b) A decision on an application for a City-issued Coastal Development Permit in the appealable area of the Coastal Overlay Zone shall be made in accordance with Process Three, as set forth in Sections 112.0505 and 112.0506, except a decision on an Accessory Dwelling Unit shall be made in accordance with Section 126.0707(a). The decision may be appealed to the Planning Commission in accordance with Section 112.0506.

• (c) A decision on an application for a City-issued Coastal Development Permit for a capital improvement program project or public project shall be made as follows:

  • (1) In the non -appealable area of the Coastal Overlay Zone, the decision shall be made in accordance with Process CIP/Public Project-Two. The decision may be appealed to the City Council in accordance with Section 112.0603.

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Chapter 12: Land Development Reviews

(2-2025)

• (2) In the appealable area of the Coastal Overlay Zone, the decision shall be made in accordance with a Process Three as set forth in with Sections 112.0505 and 112.0506.

• (d) Except for Coastal Development Permits issued in accordance with Sections 126.0707(g) and 126.0707(h), conditions may be imposed by the decision maker when approving a Coastal Development Permit to carry out the purpose and the requirements of this division. The conditions may include a provision for public access, open space, or conservation easements or the relocation or redesign of proposed site improvements. In any subdivision or other land division, such conditions shall be imposed at the time of the subdivision or other land division, rather than through subsequent development permits. When conditions pertaining to public access, open space, or conservation easements are imposed, the City Manager shall notify the Executive Director of the Coastal Commission as set forth in Section 126.0719.

ts. In any subdivision or other land division, such conditions shall be imposed at the time of the subdivision or other land division, rather than through subsequent development permits. When conditions pertaining to public access, open space, or conservation easements are imposed, the City Manager shall notify the Executive Director of the Coastal Commission as set forth in Section 126.0719.

• (e) When more than one permit, map or other approval is required for a single development , the applications shall be consolidated and the action of the decision maker shall be considered one consolidated action. In the Coastal Overlay Zone, the findings for each approval shall be consolidated and shall constitute the findings of the Coastal Development Permit. For decisions involving coastal development within the appealable area , the entire consolidated decision is appealable to the Coastal Commission.

• (f) Any coastal development involving a subdivision pursuant to the Subdivision Map Act and any other division of land requires a Coastal Development Permit. The land division shall be processed as part of the Coastal Development Permit in accordance with the Subdivision Regulations (Chapter 14, Article 4) and Subdivision Procedures (Chapter 12, Article 5). Any tentative map, lot line adjustment, merger, public right-of-way abandonment or public easement abandonment may be approved or conditionally approved only if the decision maker makes the findings pursuant to Section 126.0708.

• (g) A decision on an application for a City-issued Coastal Development Permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in the non- appealable area of the Coastal Overlay Zone shall be made as follows:

  • (1) The Coastal Development Permit shall be issued as a Building Permit in accordance with Process One as specified in Section 112.0502 and Chapter 12, Article 9, Division 2.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

Sections 126.0711, 126.0712, 126.0713, 126.0715 and 126.0716 related to recordation, issuance, initial utilization, time extension, and modification or amendment of a Coastal Development Permit shall not apply.

• (2) If the proposed coastal development involves any of the activities in Section 126.0704(a)(1)-(2) or Section 126.0704(a)(4)-(8), a Coastal Development Permit shall be required in accordance with a Process Two as specified in Section 126.0707(a).

• (h) A decision on an application in the non- appealable area of the Coastal Overlay Zone for a City-issued Coastal Development Permit for sidewalk cafes, streeteries, and active sidewalks in accordance with Section 141.0621, outdoor dining on private property in accordance with Section 141.0628, and promenades in accordance with Section 141.0629 shall be made as follows:

• (1) A Coastal Development Permit for sidewalk cafes, streetaries, active sidewalks, and promenades shall be issued as a Public Right-of-Way Permit in accordance with Process One as specified in Chapter 12, Article 9, Division 7, Section 129.0730, Section 112.0502, and Section 141.0621 or 141.0629, as applicable.

  • (2) A Coastal Development Permit for outdoor dining on private property shall be issued as a Building Permit in accordance with Process One as specified in Chapter 12, Article 9, Division 2, Section 129.0730, Section 112.0502, and Section 141.0628.

  • (3) Sections 126.0711, 126.0712, 126.0713, 126.0715 and 126.0716 related to recordation, issuance, initial utilization, time extension, and modification or amendment of a Coastal Development Permit shall not apply to a City-issued Coastal Development Permit for sidewalk cafes, streeteries, and active sidewalks.

  • (4) If the proposed coastal development involves any of the activities in Section 126.0704(a)(1)-(2) or Section 126.0704(a)(4)-(8), a Coastal Development Permit shall be required in accordance with a Process Two as specified in Section 126.0707(a).

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 9-15-2017 by O-20857 N.S.; effective 10-15-2017.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.)

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

(Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.)