San Diego Municipal Code Div. 7 Coastal Development Permit Procedures

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to establish a City review process for coastal development that is consistent with the Local Coastal Program, the California Coastal Act of 1976 (Public Resources Code section 30000, et seq.) and the California Code of Regulations, Title 14, Division 5.5., Chapter 8, Subchapter 2, Article 17. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Permits Issued by the City. A Coastal Development Permit issued by the City is required for all coastal development of a premises within the Coastal Overlay Zone described in Chapter 13, Article 2, Division 4, unless exempted by Section 126.0704, or if the proposed project site lies completely within the Coastal Commission Permit Jurisdiction or the Deferred Certification Area as described in Section 126.0702(b).

(b) Permits Issued by the Coastal Commission. A Coastal Development Permit or
exemption for all coastal development on a project site located completely
within the Coastal Commission Permit Jurisdiction or in the Deferred
Certification Area must be obtained from the Coastal Commission. The
Coastal Commission Permit Jurisdiction and the Deferred Certification Area
are shown on Map No. C-730.1, Map No. C-908, and Map No. C-1028, on
file in the office of the City Clerk as Documents No. OO-17067-1,
No. OO-18872, and No. OO-21719.

(c) Permits Issued by the City and the Coastal Commission. A Coastal
Development Permit or exemption issued by the City and the Coastal
Commission are required for all coastal development on a premises located
partially within the Coastal Commission permit jurisdiction. A Coastal
Development Permit from each agency is required for the portion of the
project within the agency’s jurisdiction.
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective
1-1-2000.)
(Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

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[Editors Note: Amendments as adopted by O-21836 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-21836-SO.pdf

The following coastal development is exempt from the requirement to obtain a Coastal Development Permit:

(a) Improvements to existing structures are exempt, except if the improvements
involve any of the following:

(1) Improvements to any structure if the structure or improvements are
located: on a beach; in a wetland; stream; lake; seaward of the mean
high tide line; or within 50 feet of a coastal bluff edge.

(2) Improvements to any structure that would result in an increase of
10 percent or more of interior floor area or an additional improvement
of 10 percent or less where an improvement to the structure had
previously been exempted or an increase in building height by more
than 10 percent where the structure is located between the sea and first
public roadway paralleling the sea or within 300 feet of the inland
extent of any beach or of the mean high tide line where there is no
beach, whichever is the greater distance. The first public roadway is
shown on Map No. C-731 filed in the office of the City Clerk as
Document No. 00-17069.

(3) Improvements that result in an intensification of use. For purposes of
Section 126.0704, intensification of use means a change in the use of a
lot or premises which, based upon the provisions of the applicable
zone, requires more off-street parking than the most recent legal use
on the property.

(4) Any significant alteration of land forms including removal or
placement of vegetation, on a beach, wetland or sand dune, or within
100 feet of the edge of a coastal bluff.

(5) The demolition or removal of 50 percent or more of the exterior walls
of the existing structure.

(6) The expansion or construction of water wells or septic systems.

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(7) Any significant non-attached structures such as garages, fences,
shoreline protective works or docks on property located between the
sea and the first public road paralleling the sea or within 300 feet of
the inland extent of any beach or of the mean high tide of the sea
where there is no beach, whichever is the greater distance.

(8) Any improvement to a structure where the Coastal Development
Permit issued for the original structure indicated that any future
improvements would require a development permit.

(9) Accessory Dwelling Units and Junior Accessory Dwelling Units that
are not completely contained in the existing primary structure or
include increases in habitable area or include conversion of
nonhabitable space. Such ADUs and JADUs are considered
self-contained residential units within new construction and are
therefore ineligible for an exemption.

(b) Repair or maintenance activities are exempt except if the repairs or
maintenance involve any of the following:

(1) Repair or maintenance of a seawall, revetment, bluff retaining wall,
breakwater, groin, culvert, outfall, or similar shoreline work that
involves substantial alteration to the foundation of the protective work
including pilings and other surface or subsurface structures; the
placement, whether temporary or permanent, of riprap, artificial berms
of sand or other beach materials, or any other forms of solid materials
on a beach or in coastal waters, streams, wetlands, estuaries or on a
shoreline protective work, unless destroyed by a natural disaster; the
replacement of 20 percent or more of the materials of an existing
structure with materials of a different kind; the placement, whether
temporary or permanent, of mechanized construction equipment on
any sand area, coastal bluff, or within 20 feet of coastal waters or
streams, except that the use of such equipment solely for routine beach
and park maintenance shall not require a Coastal Development Permit.

(2) Any repair or maintenance to facilities or structures or any work
located within a wetland, any sandy beach area, within 50 feet of a
coastal bluff edge or wetland, or within 20 feet of any coastal waters
or streams that include; the placement or removal, whether temporary
or permanent, of riprap, rocks, sand or other beach materials or any
other forms of solid materials or the presence, whether temporary or
permanent, of mechanized equipment or construction materials.

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(c) Any coastal development that has been categorically excluded pursuant to
Categorical Exclusion Order No. (Editor’s note: a number will be inserted if
and when a Categorical Exclusion Order is issued by the California Coastal
Commission.)

(d) A temporary event which does not meet all of the following criteria:

(1) The event is held between Memorial Day weekend and Labor Day;
and,

(2) The event will occupy all or a portion of a sandy beach or public
parking area; and

(3) The event involves a charge for general public admission or seating
where no fee is currently charged for use of the same area (not
including booth or entry fees).

However, a temporary event which does not meet all of the criteria in Sections
126.0704(d)(1)-(3) may require a Coastal Development Permit if the City
Manager determines the event has the potential to adversely affect public
access to the shoreline and/or environmentally sensitive lands, and the event
involves any of the following circumstances:

(4) The event and its associated activities or access requirements will
either directly or indirectly impact environmentally sensitive lands;

(5) The event is scheduled between Memorial Day weekend and Labor Day and would restrict or close to the public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;

(6) The event has historically required a Coastal Development Permit to
address and monitor associated impacts to coastal resources.

(e) Public utility installation of new or increased service to development approved
or exempted in the Municipal Code, and public utility repair or maintenance
as exempted under the Coastal Commission’s Interpretive Guidelines on
Exclusions from Permit Requirements filed with the City Clerk as Document
No. OO-17067-2.

(f) Any action necessary to abate a public nuisance as provided under California
Public Resources Code Section 30005(b).

(g) Agricultural grading on land that has been cultivated within the previous
10 years.

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(h) The replacement of any structure destroyed by a disaster, except a public
works facility. The replacement structure shall comply with the applicable
zone, shall be for the same use as the destroyed structure, shall not exceed the
floor area ratio, height, or bulk of the destroyed structure by more than
10 percent, and shall be sited in the same location on the affected property as
the destroyed structure.

(i) Any improvement to a single dwelling unit that constitutes part of a “single-
family residential building” as defined in title 14, section 13250(a) of the
California Code of Regulations and that does not require a coastal
development permit pursuant to title 14, section 13250(b) of the California
Code of Regulations.
(Amended 7-14-2003 by O-19197 N.S.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)
(Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)
(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.)
(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.)

An applicant shall file an application for a City-issued Coastal Development Permit in accordance with Section 112.0102. The application shall include the required submittal materials and any other information that in the opinion of the City Manager is necessary to adequately review the proposed coastal development. If the site is located within the watershed of Los Penasquitos Lagoon and would involve grading or construction of impervious surfaces, a computation of the required Los Penasquitos Lagoon Restoration and Enhancement Fee as set forth in Section 126.0720 shall be included with the application. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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The City Manager shall determine whether the proposed coastal development lies within the appealable area at the time the application for the Coastal Development Permit is submitted to the City. The City Manager’s determination may be reviewed by the Executive Director of the Coastal Commission in accordance with Coastal Commission regulations. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(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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(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.

(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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(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.)

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).

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

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(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.

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(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.)

(a) Notice of Final City Action by Mail. No later than 5 business days after the date on which all rights of appeal have expired for a Coastal Development Permit or any amendment or extension of a Coastal Development Permit, the City Manager shall provide a Notice of Final City Action to the Coastal Commission and to any other person who has requested this notice. Notice may be provided by any acceptable delivery means pursuant to state law.

(b) Contents of Notice of Final City Action. The Notice of Final City Action
shall include the following:

(1) The conditions of approval for the Coastal Development Permit;

(2) The written findings required to approve the Coastal Development
Permit; and

(3) The procedure for appealing the City’s action to the Coastal
Commission for decisions which are appealable to the Coastal
Commission.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)
(Amended 12-18-2024 by O-21905 N.S.; effective 2-6-2025.)

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(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.)

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A Coastal Development Permit that will be issued by the City shall be recorded in accordance with Section 126.0106. The recordation of easement documents shall comply with Section 126.0719. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) The City shall issue the Coastal Development Permit in accordance with Section 126.0107 only after receiving notification that:

(1) The appeal period to the Coastal Commission has ended and no appeal
was filed; or

(2) An appeal was filed and the Coastal Commission made a
determination of no substantial issue with the City’s decision.

(b) If a decision on a Coastal Development Permit is appealed to the Coastal
Commission and the Coastal Commission determines that a substantial issue
exists, the issuance of the permit will be regulated by the Coastal
Commission.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A Coastal Development Permit issued by the City shall be initially utilized in accordance with Section 126.0108. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A Coastal Development Permit issued by the City may be extended in accordance with Section 126.0111. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Modifications and amendments to a previously approved Coastal Development Permit issued by the City shall be decided in accordance with Sections 126.0112 and 126.0114. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

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San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

Any person who has a valid Coastal Development Permit issued by the Coastal Commission is not required to obtain a Coastal Development Permit for that same coastal development from the City. The Coastal Commission is exclusively responsible for the issuance of an amendment to a Coastal Development Permit that has been approved by the Coastal Commission, regardless of the jurisdictional boundaries governing applications for Coastal Development Permits. The City may not grant a Coastal Development Permit for the same coastal development on a site that has a previously approved Coastal Development Permit issued by the Coastal Commission unless the previously approved permit has expired or been forfeited to the Coastal Commission. Following a decision on a Coastal Development Permit, no applicant or the applicant’s successor in interest may reapply for a Coastal Development Permit for substantially the same development for a period of six months from the date of the prior final decision. (Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(a) Coastal Emergency. A coastal emergency is a sudden, unexpected occurrence within the Coastal Overlay Zone that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services.

(b) Application. When a coastal emergency exists, an applicant may use the
procedures of this section instead of the standard application and decision
procedures for a Coastal Development Permit. However, all emergency
Coastal Development Permits shall authorize only the minimum necessary to
stabilize the emergency. In addition, emergency development requires the
subsequent processing of a standard Coastal Development Permit application
for any work authorized on an emergency basis by these procedures. The
applicant may apply for an emergency Coastal Development Permit in
person, by letter to the City Manager, or by telephone.

(c) Contents of Application. The application shall include the following
information:

(1) The nature of the coastal emergency;

(2) The cause of the coastal emergency;

(3) The location of the coastal emergency;

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(4) The remedial, protective, or preventive work required to deal with the
coastal emergency;

(5) The circumstances during the coastal emergency that justify the course
of action taken or to be taken, including the probable consequences of
failing to take emergency action; and

(6) Identification of options for addressing the coastal emergency,
including the least environmentally damaging alternative.

(d) Verification. The City Manager shall verify the facts, including the existence
and nature of the coastal emergency, to the extent that time allows.

(e) Decision on Permit. A decision to approve, conditionally approve, or deny
the emergency Coastal Development Permit shall be made by the City
Manager.

(f) Findings. An emergency Coastal Development Permit may be approved or
conditionally approved only if the City Manager makes the following
findings:

(1) A coastal emergency exists that requires action more quickly than would be permitted by the normal procedures for acquiring a Coastal Development Permit and the development can and will be completed within 30 days unless otherwise specified in the permit;

(2) Public comment on the proposed coastal emergency action has been
solicited and reviewed to the extent feasible; and

(3) The proposed emergency work is consistent with the Local Coastal
Program.

(g) Conditions. The City Manager may approve an emergency Coastal
Development Permit with conditions, including an expiration date. All
emergency Coastal Development Permits shall include a condition requiring
the processing of a regular Coastal Development Permit application for any
work authorized by the City Manager.

(h) Notice. The City Manager shall provide public notice of the emergency work,
with the extent and type of notice determined by the nature and time
constraints of the coastal emergency. Notice of the issuance of an emergency
Coastal Development Permit shall always be provided to the Coastal
Commission.
(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 16

San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

Coastal Development Permit

(a) Documents to be Approved. The City Manager shall forward any legal
documents used in complying with required conditions of a Coastal
Development Permit that pertains to public access, open space, or
conservation easements to the Executive Director of the Coastal Commission
for approval before the issuance of the Coastal Development Permit.

(b) Revisions to Documents. If the Executive Director of the Coastal Commission
recommends revisions to the format of the legal documents, the Coastal
Development Permit shall not be issued until all deficiencies have been
resolved to the satisfaction of the Executive Director of the Coastal
Commission.

(c) Permit Issued. A Coastal Development Permit shall not be issued until the
legal documents have been recorded with the County Recorder and
verification of the recordation has been sent to, and receipt has been
acknowledged by, the Executive Director of the Coastal Commission.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Grading and Creation of Impervious Surfaces

(a) An applicant for a Coastal Development Permit, as identified in Document
No. 00-17068 on file in the City Clerk’s office, for a coastal development
proposal located in the watershed of Los Penasquitos Lagoon that involves
grading or would construct any impervious surfaces shall, as a condition of
development approval, be required to pay a fee to the Los Penasquitos Lagoon
Enhancement Fund and escrow account for restoration of the lagoon and
watershed. The fee shall not be required for coastal developments that are
exempt under Section 126.0704.

(b) The fee shall be based on the site surface affected by grading for urban
development, agriculture, transportation, and other public service facility
improvements, exclusive of habitat restoration or enhancement areas. The fee
shall be computed at a rate of $0.005 per square foot for all areas to be graded,
with an additional rate of $0.03 per square foot for any impervious surfaces to
be created by the finished development. The amount of the fee shall be based
on the grading and impervious surfaces proposed under the initial Coastal
Development Permit and for any additional development increments (grading
or impervious surfaces) for which permits are required. Fees for the
maintenance and administration of the escrow account shall also be required.

Ch. Art. Div.
12 6 7 17

San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

(c) The required fee shall be computed by the applicant and the information shall
be included with the permit application. The calculations shall be verified by
the City Manager. The applicant shall deposit the required fee in an escrow
account established by the City of San Diego, the California Coastal
Commission, and the State Coastal Conservancy. Administration of the funds
shall be the responsibility of the State Coastal Conservancy in accordance
with the terms of the escrow account. The applicant shall provide evidence
satisfactory to the City Manager that the deposit has been made before the
Coastal Development Permit is issued.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An applicant for a Coastal Development Permit for a coastal development located in the watershed of Los Penasquitos Lagoon shall, as a condition of the permit, agree to participate in any benefit assessment district or other financing mechanism created to fund the permanent maintenance and conservation of the stream channels and related habitats located in the watershed and within the boundaries of the City of San Diego. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) An applicant for a Coastal Development Permit for a coastal development proposal involving a bluff or shoreline protective device may be required, as a condition of development approval, to pay a fee to the City of San Diego Beach Sand Mitigation Fund held at the San Diego Association of Governments to be used for beach replenishment and/or public access improvements within the City of San Diego.

(b) The fee shall be to mitigate impacts to local shoreline sand supply and/or to
compensate for direct encroachment by the protective device onto State
tidelands or public beach. The amount of the fee shall be roughly
proportional to the value of the beach area and sand supply lost as a result of
the approved protective device. The information necessary to quantify
potential impacts and to calculate a mitigation fee, as discussed within the
Beach and Bluff Guidelines in the Land Development Manual, shall be
included with the permit application.
(Added 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

Ch. Art. Div. 12 6 7 18

San Diego Municipal Code Chapter 12: Land Development Reviews (2-2025)

It is unlawful for any person to maintain, use, or undertake coastal development on any lot or premises without a Coastal Development Permit if such a permit is required for the use or development or to maintain, use, or develop any premises contrary to the requirements or conditions of an existing Coastal Development Permit, except as provided in Sections 126.0112 or 126.0113. Violation of any provision of this Division shall be subject to the enforcement provisions contained in Chapter 12, Article 1. Violations of this Division shall be treated as strict liability offenses regardless of intent. (Renumbered from Sec. 126.0722 and amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)

The provisions of this section shall govern proceedings for revocation of a Coastal Development Permit. The revocation of a Coastal Development Permit issued by the City shall be considered and acted upon in accordance with Sections 121.0313, 121.0314, 121.0315 and 121.0316 of this code. However, the Coastal Development Permit may be revoked if the Hearing Officer makes any of the findings stated in Section 121.0314 or the following:

(a) Intentional inclusion of inaccurate, erroneous or incomplete information in
connection with a Coastal Development Permit application, where the
decision maker finds that accurate and complete information would have
caused the decision maker to require additional or different conditions on a
Coastal Development Permit or deny an application; or

(b) Failure to comply with the notice provisions of Section 112.0306 where the
views of the person(s) not notified were not otherwise made known to the
decision maker and could have caused the decision maker to require
additional or different conditions on the Coastal Development Permit or to
deny the application.
(Added 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

Ch. Art. Div.
12 6 7 19

San Diego Municipal Code Chapter 12: Land Development Reviews (11-2005)

Article 6: Development Permits