§126.0710 Appeals to the Coastal Commission — San Diego Zoning Code

(a) A Coastal Development Permit that has been approved by the City may be appealed to the Coastal Commission if the coastal development that is authorized by the permit is located within the appealable area of the Coastal Overlay Zone.
(b) A Coastal Development Permit that has been approved or denied for a major public works project or a major energy facility as these are defined by California Public Resources Code Sections 30114 and 30107, respectively, and Section 13012, California Code of Regulations, Title 14, Division 5.5, may be appealed to the Coastal Commission if the development authorized by the permit is located anywhere within the Coastal Overlay Zone.
(c) Exhaustion of City Appeal. A decision on a Coastal Development Permit may be appealed to the Coastal Commission only after all appeal remedies of the City have been exhausted, except that exhaustion of all local appeals shall not be required if any of the following occur: an appellant is required to appeal to more local appellate bodies than have been certified as appellate bodies for Coastal Development Permits; an appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; an appellant was denied the right of local appeal because local notice and hearing procedures for the development were inadequate or an appeal fee is required for the filing or processing of appeals.
(d) Coastal Commission Responsibility
- (1) If the Coastal Commission determines that a substantial issue exists in an appeal of a City Coastal Development Permit, the Coastal Development Permit becomes the responsibility of the Coastal Commission. All future responsibility pertaining to the Coastal Development Permit lies with the Coastal Commission, including any future amendment to, extension to, or enforcement of the conditions of approval of the permit.
- (2) If an appeal is filed with the Coastal Commission and the Coastal Commission does not determine that a substantial issue exists, the City’s action is upheld and the City’s decision on the permit is final.

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

Ch. Art. Div. 12 6 7 13

San Diego Municipal Code

Chapter 12: Land Development Reviews

(2-2025)