§126.0708 Findings for Coastal Development Permit Approval

Except for Coastal Development Permits issued in accordance with Section 126.0707(g) through (h), an application for a Coastal Development Permit may be approved or conditionally approved only if the decision maker makes all of the findings in Section 126.0708(a) and the supplemental findings in Section 126.0708(b) that are applicable to the proposed development . Coastal Development Permits issued in accordance with Section 126.0707(g) shall be approved if the administrative findings in Section 126.0708(c), and if applicable, the supplemental findings in Section 126.0708(b), are satisfied. Coastal Development Permits issued in accordance with Section 126.0707(h) shall be approved if the administrative findings in Section 126.0708(d) and, if applicable, the supplemental findings in Section 126.0708(b), are satisfied.

• (a) Finding for all Coastal Development Permits

  • (1) The proposed coastal development will not encroach upon any existing physical accessway that is legally used by the public or any proposed public accessway identified in a Local Coastal Program land use plan ; and the proposed coastal development will enhance and protect public views to and along the ocean and other scenic coastal areas as specified in the Local Coastal Program land use plan ;

  • (2) The proposed coastal development will not adversely affect environmentally sensitive lands ; and

  • (3) The proposed coastal development is in conformity with the certified Local Coastal Program land use plan and complies with all regulations of the certified Implementation Program.

  • (4) For every Coastal Development Permit issued for any coastal development between the nearest public road and the sea or the shoreline of any body of water located within the Coastal Overlay Zone the coastal development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (b) Supplemental Findings-- Deviations to Environmentally Sensitive Lands Within the Coastal Overlay Zone

When a deviation is requested from the Environmentally Sensitive Lands Regulations because the applicant contends that application of the regulations would result in denial of all economically viable use, the Coastal Development Permit shall include a determination of economically viable use. A Coastal Development Permit, or a Site Development Permit in the Coastal Overlay Zone, required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands where a deviation is requested in accordance with Section 143.0150 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0708(a) and the supplemental findings in Section 126.0505(b).

required in accordance with Section 143.0110 because of potential impacts to environmentally sensitive lands where a deviation is requested in accordance with Section 143.0150 may be approved or conditionally approved only if the decision maker makes the following supplemental findings in addition to the findings in Section 126.0708(a) and the supplemental findings in Section 126.0505(b).

The decision maker shall hold a public hearing on any application on a Coastal Development Permit that includes a deviation from the Environmentally Sensitive Lands Regulations in the Coastal Overlay Zone.

Such hearing shall address the economically viable use determination. Prior to approving a Coastal Development Permit for development within the Coastal Overlay Zone that requires a deviation from the Environmentally Sensitive Lands Regulations, the decision maker shall make all of the following findings :

• (1) Based on the economic information provided by the applicant, as well as any other relevant evidence, each use provided for in the Environmentally Sensitive Lands Regulations would not provide any economically viable use of the applicant’s property; and

• (2) Application of the Environmentally Sensitive Lands Regulations would interfere with the applicant’s reasonable investment-backed expectations; and

• (3) The use proposed by the applicant is consistent with the applicable zoning; and

• (4) The use and project design, siting, and size are the minimum necessary to provide the applicant with an economically viable use of the premises; and

Ch. Art. Div. 12 6 7 10

San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (5) The project is the least environmentally damaging alternative and is consistent with all provisions of the certified Local Coastal Program with the exception of the provision for which the deviation is requested.

The findings adopted by the decision making authority shall identify the evidence supporting the findings .

• (c) The following administrative findings shall be made for Coastal Development Permits required for Accessory Dwelling Units and Junior Accessory Dwelling Units permitted in accordance with Section 126.0707(g) in order to ensure that the development conforms to the Local Coastal Program:

  • (1) The proposed coastal development will not encroach upon any existing physical accessway that is legally used by the public or any proposed public accessway identified in a Local Coastal Program land use plan .

  • (2) The proposed coastal development permit will preserve existing public views to and along the ocean and other scenic coastal areas as specified in the Local Coastal Program land use plan and Chapter 13, Article 2, Division 4.

  • (3) The proposed coastal development complies with the Environmentally Sensitive Lands Regulations in Chapter 14, Article 3, Division 1.

  • (4) The proposed coastal development does not involve any of the activities in Section 126.0704(a)(1)-(2) or Section 126.0704(a)(4)-(8).

• (d) The following administrative findings shall be made for Coastal Development Permits required for sidewalk cafes, streetaries, active sidewalks, outdoor dining on private property, and promenades permitted in accordance with Section 126.0707(h) in order to ensure that the cooastal development conforms to the Local Coastal Program :

  • (1) The proposed Coastal Development Permit will preserve existing public views to and along the ocean and other scenic coastal areas as specified in the Local Coastal Program land use plan and Chapter 13, Article 2, Division 4.

  • (2) The proposed coastal development complies with the Environmentally Sensitive Lands Regulations in Chapter 14, Article 3, Division 1.

Ch. Art. Div. 12 6 7 11

San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)

• (3) The proposed coastal development does not involve any of the activities in Section 126.0704(a)(1)-(2) or Section 126.0704(a)(4)-(8).

• (4) The proposed coastal development will not preclude public access to any existing physical accessway that is legally used by the public or any proposed public accessway identified in a Local Coastal Program land use plan.

(Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 9-15-2017 by O-20856 N.S.; effective 10-20-2017.) (Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.) (Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.)