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!