SDMC Overlay Zone — Coastal Overlay Zone

San Diego Municipal Code Chapter 13: Zones (2-2025) Article 2: General Development Regulations Division 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.) §132.0401 Purpose of the Coastal Overlay Zone 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.) §132.0402 Where the Coastal Overlay Zone Applies (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. Ch.

San Diego Municipal Code Chapter 13: Zones (2-2025) Table 132-04A Coastal Overlay Zone Applicability Type of Development Proposal Supplemental Required Permit Type/ Development Decision Process Regulations (1) Coastal development that is categorically See use and development No permit required by this division excluded pursuant to order of the Coastal regulations of the base commission or that is exempted by zone and Chapter 14, Section 126.0704 Article 3, Division 1, Environmentally Sensitive Lands Regulations (2) Any coastal development within this See use and development Coastal Development Permit(s) are overlay zone that is partially or regulations of the base issued by the Coastal Commission completely within the Coastal zone and Chapter 14, and the City for their respective Commission Permit Jurisdiction or the Article 3, Division 1, jurisdictions Deferred Certification Area Environmentally Sensitive Lands Regulations (3) Coastal development, except a capital See use and development Coastal Development Permit/Process

improvement program project or public regulations of the base Two or Three project, in this overlay zone that is not zone and Chapter 14, exempt under (1) of this table or that is Article 3, Division 1, not in the area described in (2) of this Environmentally Sensitive table Lands Regulations (4) Coastal development, except a capital See use and development Coastal Development Permit/Process improvement program project or public regulations of the base CIP/Public Project -Two project, in this overlay zone that is not zone and Chapter 14, exempt under (1) of this table or that is Article 3, Division 1, not in the area described in (2) of this Environmentally Sensitive table Lands Regulations (5) Coastal development for a capital See use and development Coastal Development Permit/ improvement program project in this regulations of the base Process Three as set forth in overlay zone that is not exempt under (1) zone and Chapter 14, Sections 112.0505 and 112.0506. of this table or that is not in the area Article 3, Division 1,

described in (2) of this table and is in the Environmentally Sensitive appealable area of this overlay zone Lands Regulations Ch. Art. Div. 13 2 4 2

San Diego Municipal Code Chapter 13: Zones (2-2025) Ch. Art. Div. 13 2 4 3

San Diego Municipal Code Chapter 13: Zones (2-2025) (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 ] §132.0403 Supplemental Regulations of the Coastal Overlay Zone (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. Ch. Art. Div. 13 2 4 4

San Diego Municipal Code Chapter 13: Zones (2-2025) (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.) §132.0404 Supplemental Regulations within Areas of Future Sea Level Rise (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: Ch. Art. Div. 13 2 4 5

San Diego Municipal Code Chapter 13: Zones (2-2025) (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.) Ch. Art. Div. 13 2 4 6