San Diego Municipal Code Div. 4 Coastal Overlay Zone

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Added 9-19-2005 by O-19413 N.S.; effective 10-19-2005.)

The purpose of the Coastal Overlay Zone is to protect and enhance the quality of public access and coastal resources. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) This overlay zone applies to all property located within the boundaries designated on Map No. C-730.1, Map No. C-908, and Map No. C-1028, filed in the office of the City Clerk as Documents No. 00-17067-1, No. 00-18872, and No. 00-21719. These areas are shown generally on Diagram 132-04A.

(b) Table 132-04A shows the sections that contain the supplemental regulations
and the type of permit required by this division, if any, for specific types of
development proposals in this overlay zone. Coastal Development Permit
procedures are provided in Chapter 12, Article 6, Division 7.

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Table 132-04A

Coastal Overlay Zone Applicability

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(Amended 10-16-2000 by O-18872 N.S.; effective 9-11-2001; amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.) (Amended 1-8-2020 by O-21164 N.S.; effective 2-9-2020.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.)

[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 ]

(a) If there is an existing or potential public view and the site is designated in the applicable land use plan as a public view to be protected,

(1) The applicant shall design and site the coastal development in such a
manner as to preserve, enhance or restore the designated public view,
and

(2) The decision maker shall condition the project to ensure that critical
public views to the ocean and shoreline are maintained or enhanced.

(b) A visual corridor of not less than the side yard setbacks or more than 10 feet
in width, and running the full depth of the premises, shall be preserved as a
deed restriction as a condition of Coastal Development Permit approval
whenever the following conditions exist:

(1) The proposed development is located on premises that lies between the
shoreline and the first public roadway, as designated on Map Drawing
No. C-731; and

(2) The requirement for a visual corridor is feasible and will serve to
preserve, enhance or restore public views of the ocean or shoreline
identified in the applicable land use plan.

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(c) If there is an existing or potential public view between the ocean and the first
public roadway, but the site is not designated in a land use plan as a view to
be protected, it is intended that views to the ocean shall be preserved,
enhanced or restored by deed restricting required side yard setback areas to
cumulatively form functional view corridors and preventing a walled effect
from authorized development.

(d) Where remodeling is proposed and existing legally established development is
to be retained that precludes establishment of the desired visual access as
delineated above, preservation of any existing public view on the site will be
accepted, provided that the existing public view is not reduced through the
proposed remodeling.

(e) Open fencing and landscaping may be permitted within the view corridors and
visual accessways, provided such improvements do not significantly obstruct
public views of the ocean. Landscaping shall be planted and maintained to
preserve public views.
(Retitled from “Supplemental Use Regulations of the Coastal Overlay Zone” on
1-9-2001 by O-18910 N.S.; effective 8-8-2001.)

(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:

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(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.)

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Article 2: Overlay Zones