Page 8 - Protea Waterfront Development Brochure

Potential Entitlement Path
We chart below the most likely entitlement path for Seaport, accounting for Seaport’s position in the Coastal Commission’s Appealable Zone and the need for a Category Three Port of San Diego Coastal Development Permit:
CEQA and Coastal Commission Process (Without PMPA)
Coastal Development Permit (CDP) Only, No Port Master Plan Amendment Required
Port sends out Notice of Preparation of EIR
Port prepares Draft EIR and processes CDP
Draft EIR public review period (45 days)
Port prepares Final EIR (responses to comments on Draft EIR)
Port Commission certifies EIR/adopts findings/approves CDP
Port files Notice of Determination with County Clerk (within 5 days)
Opponents have 30 days to file suit under PRC § 21080.5
CCC receives Notice of Local Decision (10 days to appeal CDP)
CDP appealed to CCC No appeal (Port decision final)
CCC Substantial Issue Hearing (to occur within 49 days unless waived)
Substantial Issue found No substantial issue found (Port decision final)
Independent CEQA review and possible information requests (geology, biology, etc)
EIR and CDP
CDP Appeal*
CDP De Novo
(likely)
CCC De Novo Hearing on CDP
CDP Denial
Return to CCC for revisions or file suit challenging denial
Opponents have 60 days to file suit under PRC § 30801)
sheppardmullin.com
CDP Approval
Condition compliance/CDP issuance/authorization to proceed (could take several months)
CCC files Notice of Approval with Resource Agencies
Opponents have 30 days to file suit under PRC § 21080.5
*Or, if waive 49-day rule, Substantial Issue hearing generally would be combined with De Novo hearing, so see that timeline.