SeaWorld suing California over ban on orca breeding

The commission had to approve the project as it does all major building plans in coastal cities, but the park's attorneys argued the agency's authority should have ended with the structure itself.

People For the Ethical Treatment of Animals, the main group opposing the project, said in a statement Tuesday that the commission was within its rights and made the correct decision.

Last month, the Orlando, Florida-based company said it would end theatrical orca shows at the San Diego park after visitors at the tourist attraction made it clear they prefer seeing killer whales act naturally rather than doing tricks.