California Coastal Commission
Encyclopedia
The California Coastal Commission is a state agency
in the U.S. state
of California
with quasi-judicial regulatory oversight over land use and public access in the California coastal zone.
The California Coastal Commission's mission is "To protect, conserve, restore, and enhance the environment of the California coastline". The Commission's current agenda can be found on their website.
and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. For further explanation of the Commission's responsibilities, please see the California Coastal Act, especially the Chapter 3 policies (Sections 30200 - 30265.5).
The state authority controls construction along the state's 1,100 miles (1,770 km) of shoreline. The Commission is composed of 12 voting members, 6 chosen from the general public, and 6 appointed elected officials. The panelists are not paid salary nor stipend for their work, however being on the Commission can carry responsibilities which are highly politicized.
From 1980 to 2010, while inflation has increased 164 percent, the commission's total funding has risen only 21 percent, from $13.5 million to $16.3 million. The commission's full-time staff fell from 212 in 1980 to 125 in 2010. There are 11 enforcement officers to investigate violations along the 1,100-mile coastline.
. Development generally requires a Coastal Development Permit from either the Coastal Commission or the local government if such development would occur within the Coastal Zone. The Coastal Zone can be defined as an area which extends from the State's seaward boundary of jurisdiction, and inland for a distance from the Mean High Tide Line of between a couple of hundred feet in urban areas, to up to five miles in rural areas.
A Local Coastal Program is composed of a Land Use Plan and an Implementation Plan. A Land Use Plan details the Land Uses which are permissible in each part of the local government's area, and specifies the general policies which apply to each Land Use. The Land Use can be a part of a local government's general plan. The Implementation Plan is responsible for implementing the policies contained in the Land Use Plan. The Implementation Plan is generally a part of the City's Zoning code.
ruled in the 1987 case of Nollan v. California Coastal Commission
that if the state of California through its regulatory agency, the California Coastal Commission, thinks an easement on private land is a good idea and a valuable public purpose, they should use eminent domain
and pay for it, as opposed to demanding concessions from a land owner in exchange for a building permit. The court considered that "an out and out plan of extortion" of property. In the case, the owners of beachfront property were required to grant an easement
for public access to facilitate pedestrian access to public beaches as a condition of permit approval to enlarge their home. The court, in a narrow decision, ruled that an "essential nexus" must exist between the asserted "legitimate state interest” and the permit condition imposed by government.
California executive branch
The California executive branch of the state of California includes many agencies including those listed below.-Governor:Agencies under the direction of a secretary that report directly to the Governor are cabinet-level agencies, to which other agencies are subordinate to:*Governor**Office of the...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
with quasi-judicial regulatory oversight over land use and public access in the California coastal zone.
The California Coastal Commission's mission is "To protect, conserve, restore, and enhance the environment of the California coastline". The Commission's current agenda can be found on their website.
History
The California Coastal Commission (CCC) was established in 1972 by voter initiative via Proposition 20. Proposition 20 gave the Coastal Commission permit authority for four years. The California Coastal Act of 1976 extended the Coastal Commission's authority indefinitely. The agency is tasked with protection of coastal resources, including shoreline public access and recreation, lower cost visitor accommodations, terrestrialTerrestrial animal
Terrestrial animals are animals that live predominantly or entirely on land , as compared with aquatic animals, which live predominantly or entirely in the water , or amphibians, which rely on a combination of aquatic and terrestrial habitats...
and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. For further explanation of the Commission's responsibilities, please see the California Coastal Act, especially the Chapter 3 policies (Sections 30200 - 30265.5).
The state authority controls construction along the state's 1,100 miles (1,770 km) of shoreline. The Commission is composed of 12 voting members, 6 chosen from the general public, and 6 appointed elected officials. The panelists are not paid salary nor stipend for their work, however being on the Commission can carry responsibilities which are highly politicized.
From 1980 to 2010, while inflation has increased 164 percent, the commission's total funding has risen only 21 percent, from $13.5 million to $16.3 million. The commission's full-time staff fell from 212 in 1980 to 125 in 2010. There are 11 enforcement officers to investigate violations along the 1,100-mile coastline.
Development
Development activities are broadly defined by the Coastal Act to include (among others) construction of buildings, divisions of land, and activities that change the intensity of use of land or public access to coastal watersWater in California
California’s interconnected water system serves over 30 million people and irrigates over of farmland. As the world’s largest, most productive, and most controversial water system, it manages over of water per year.- Sources of water :...
. Development generally requires a Coastal Development Permit from either the Coastal Commission or the local government if such development would occur within the Coastal Zone. The Coastal Zone can be defined as an area which extends from the State's seaward boundary of jurisdiction, and inland for a distance from the Mean High Tide Line of between a couple of hundred feet in urban areas, to up to five miles in rural areas.
Local coastal programs
The Commission is the primary agency which issues Coastal Development Permits. However, once a local agency (a County, City, or Port) has a Local Coastal Program (LCP) which has been certified by the Commission, that agency takes over the responsibility for issuing Coastal Development Permits. For areas with Certified LCP's, the Commission does not issue Coastal Development permits (except in certain areas where the Commission retains jurisdiction, i.e. public trust lands), and is instead responsible for reviewing amendments to a local agency's LCP, or reviewing Coastal Development Permits issued by local agencies which have been appealed to the Commission.A Local Coastal Program is composed of a Land Use Plan and an Implementation Plan. A Land Use Plan details the Land Uses which are permissible in each part of the local government's area, and specifies the general policies which apply to each Land Use. The Land Use can be a part of a local government's general plan. The Implementation Plan is responsible for implementing the policies contained in the Land Use Plan. The Implementation Plan is generally a part of the City's Zoning code.
Legal issues
The Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in the 1987 case of Nollan v. California Coastal Commission
Nollan v. California Coastal Commission
In Nollan v. California Coastal Commission, 483 U.S. 825 , the United States Supreme Court reviewed a regulation under which the California Coastal Commission required that an offer to dedicate a lateral public easement along the Nollans' beachfront lot be recorded on the chain of title to the...
that if the state of California through its regulatory agency, the California Coastal Commission, thinks an easement on private land is a good idea and a valuable public purpose, they should use eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
and pay for it, as opposed to demanding concessions from a land owner in exchange for a building permit. The court considered that "an out and out plan of extortion" of property. In the case, the owners of beachfront property were required to grant an easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
for public access to facilitate pedestrian access to public beaches as a condition of permit approval to enlarge their home. The court, in a narrow decision, ruled that an "essential nexus" must exist between the asserted "legitimate state interest” and the permit condition imposed by government.