N Current Adopted Post-LCP Certification and Appeal Jurisdiction Map Exhibit 1.

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Presentation transcript:

N Current Adopted Post-LCP Certification and Appeal Jurisdiction Map Exhibit 1

N

N

N

Basis of the Post LCP Certification Permit and Appeal Jurisdiction Permit Jurisdiction Tidelands and Submerged lands, Public Trust lands Appeal Jurisdiction Lands within 100 feet of stream and wetlands Lands subject to the public trust that are no longer within the Commission’s permit jurisdiction Lands within 300 feet of coastal bluffs, beaches or MHTL Lands between the sea and the first public road paralleling the sea

Jurisdictional Boundary Statutory Language Appeal Jurisdiction P.R.C. Section (a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments: (1)Developments approved by the local government 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 approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff. (3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area. (4)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500). (5)Any development which constitutes a major public works projector a major energy facility.

Jurisdictional Boundary Statutory Language Original Permit Jurisdiction P.R.C. Section (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section , which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located in an area which is committed to urban uses. (b) No later than 120 days after receiving a request from a local government, the commission shall determine the lands within the jurisdiction of that local government to which the provisions of subdivision (a) apply. (c) The provisions of this Section shall apply to lands which have been the subject of coastal development permits, local coastal programs, categorical exclusions or urban exclusions, which have previously been approved, authorized, or certified by the commission. (Note that the Commission will retain appeal authority after transfer of original permit jurisdiction to the local government.)

Jurisdictional Boundary Regulation Language C.C.R. Section § Map(s) of Areas of Commission Permit and Appeal Jurisdiction. (a) In conjunction with final Local Coastal Program certification or the delegation of coastal development permit authority pursuant to Public Resources Code Section , whichever occurs first, the Commission shall, after public hearing, adopt a map or maps of the coastal zone of the affected jurisdiction that portrays the areas where the Commission retains permit authority pursuant to Public Resources Code Sections (a) (1) and (a)(2), or (d). These maps shall be drawn based on the criteria for permit and appeal boundary determinations, set forth in Section below, and will serve as the official maps of the Commission's permit and appeal jurisdiction. The Commission, in consultation with the local government, shall update these maps from time to time, where changes occur in the conditions on which the adopted maps were based, or where it can be shown that the location of the mapped boundary does not adequately reflect the intended boundary criteria. Revisions of the adopted maps shall be based on precise boundary determinations made using the criteria set forth in Section The revised maps shall be filed with the affected jurisdiction within 30 days of adoption by the Commission. In addition, each adopted map depicting the permit and appeal jurisdiction shall include the following statement: "This map has been prepared to show where the California Coastal Commission retains permit and appeal jurisdiction pursuant to Public Resources Code Sections 30519(b), 30603(a)(1) and (a)(2) and (d). In addition, development may also be appealable pursuant to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the local government and/or the Executive Director of the Commission for clarification and information. This plat may be updated as appropriate and may not include all lands where permit and appeal jurisdiction is retained by the Commission"