Coastal Development Permit

Coastal Development Permit

Postby hopefularch2 » Wed Mar 21, 2018 9:24 pm

So, testing this weekend, and really struggling with this concept that I thought I had down. Would very very much appreciate anyone with clarity on this! (I think this has come up before in this board but haven't found any answers.)

When first reading through TWE, I was under the impression ALL developments within the COASTAL ZONE, (less the few exceptions), would be subject to a Coastal Development Permit. - Which could be approved through the local government, (so long as they had an LCP approved by the Coastal Commission.)

However,
Per the Coastal Act, the following require a Coastal Development Permit:
(1) Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
(2) Developments not included within paragraph (1) located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3) Any development which constitutes a major public works project or a major energy facility

THEREFORE... I am not understanding if this means either.....
1) If a development is within the Coastal Zone, and does not apply to the 3 preceding items, it does not required a Coastal Development Permit at all? OR
2) That the CCC retains authority to approve permits applying to the 3 preceding items, while the local government's authority for approving Coastal Development Permits, (through their LCP), remains for everywhere else within the Coastal Zone.

??? Many many thank yous on this one!
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Re: Coastal Development Permit

Postby markarch » Sun Mar 25, 2018 12:29 pm

I believe that within the coastal zone (defined not just for permitting but for dealing with coastal related policies, ccc has authority over federal stuff, etc,) are the sites that apply to those 3 triggers. I visualize it as a Venn diagram..

As far as permitting goes, both the CCC or the local (if they have an LCP) issue the permit, if the project meets one of those 3 triggers. I think TWE links to a brochure that spelled it out clearer than the guide itself.

It is my understanding, and someone correct me if I'm wrong, that #1 is accurate. Your #2 treats CCC and local gov as simultaneous authorities in charge of separate things.
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Re: Coastal Development Permit

Postby magentasky » Sun Mar 25, 2018 4:15 pm

Doucette's study guide says:

"Development within the coastal zone may not commence until a Coastal Development Permit has been issued by either the Commission or local government that has a Commission-certified local coastal program (LCP)" This information is pulled from California Coastal Commission's website.
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Re: Coastal Development Permit

Postby markarch » Sun Mar 25, 2018 4:52 pm

yea, its more project specific than location specific right? "Development" will always require a permit.
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Re: Coastal Development Permit

Postby chlee19 » Tue Mar 27, 2018 10:53 pm

The CCC's own website answers your question.
https://www.coastal.ca.gov/cdp/cdp-forms.html
Yes, all developments in the Coastal Zone will require a CDP.

As for who issues the CDP, my understanding is that it IS actually location specific.
Most projects in the Coastal Zone will fall in the jurisdiction of the LCP, in which case the local planning agency will handle the permit.
However, the CCC directly handles projects that fall in those three categories you mentioned.
I believe the intent is that the projects within those 3 categories are of special interest and therefore the CCC wants to directly handle them.
Please correct me if anyone has a different idea about this
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Re: Coastal Development Permit

Postby chlee19 » Tue Mar 27, 2018 11:00 pm

Just adding on to my previous message... I did a little research and I think I found the source of your confusion.

You stated "However, per the coastal act, the following require a coastal development permit:..."

However, the full text of the Section 30601 of the Coastal Act reads: "Developments requiring coastal development from Commission"
https://www.coastal.ca.gov/coastact.pdf
It then lists the three categories that you mentioned.
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Re: Coastal Development Permit

Postby hopefularch2 » Thu Mar 29, 2018 1:13 pm

Thank you for all the comments! Just an update - I passed my exam last week!
I really studied a ton for this test, so actually felt very confident and would've been shocked to fail.
Hence...With enough studying, it can be fairly straightforward. (With 6 months to retake, I couldn't fathom the alternative.)

I used all of the TWE materials, supplementing with Wetlands reading, T24 Guide, Guide to Calgreen, and the free Woo sample guides.
I would say keep all the concepts clear in your head - and don't let too many multiple sources confuse you with different wording.
TWE covers the entire spectrum of material you should prepare for, and the level of depth doesn't go much deeper than the study guide.
The test felt like a full survey of all material without every getting insanely deep. Just be firm on your understanding of the principals and you'll be fine.

Best of luck to all and many many thanks!
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