Midler

Midler v. City of San Diego CA4/1

Good Law
Court of Appeal of CaliforniaNovember 22, 2024D082495California6,185 words

Opinion

Opinion

Irion, J.

I.

BACKGROUND

A. City’s Approval of the Abbotts’ Remodeling Project The Midlers and the Abbots live in neighboring homes atop a bluff overlooking the Pacific Ocean in La Jolla. In 2017, the Abbotts applied to the City for a CDP and an SDP to remodel their single-family home by expanding the ground level, adding a second story, and enlarging two detached garages. The remodeling project required a CDP because the Abbotts’ home is located in the City’s coastal overlay zone (San Diego Mun. Code, § 126.0702, subd. (a)), and an SDP because the home is located on environmentally sensitive lands, which include sensitive coastal bluffs (id., § 126.0502, subd. (a)(1)(A)). From September 2017 through August 2018, the Midlers sent multiple letters to the City stating concerns about bluff stability and compliance with ordinances regarding setbacks, fences, retaining walls, views, and removal of a tree. The City consolidated the Abbotts’ permit applications (San Diego Mun. Code, § 126.0707, subd. (e)), reviewed their home remodeling project under CEQA and, on November 30, 2018, issued for public consideration a draft report finding the project would not have a significant impact on the…

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