In 1972, the United States Congress passed the Coastal Zone Management Act (Title 16 U.S.C. 1451-1464). The CZMA declared a national policy “to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations.” The CZMA sought to encourage and assist States to develop and implement management programs for the use of coastal land and water resources, “giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development.”
The Coastal Zone Conservation Act (Proposition 20) was approved by a 55.2 percent vote in 1972. It prohibited development 1,000 yards inland from California's mean high tide without a permit from a regional or state coastal commission. It created a temporary California Coastal Zone Conservation Commission and six regional commissions to develop a statewide plan for coastal protection. The California Coastal Plan was submitted to the Legislature in 1975 and led to the passage of the California Coastal Act in 1976.
The Coastal Act established the permanent
California Coastal Commission. The Coastal Commission’s mandate is to protect and enhance the resources of the coastal zone mapped by the Legislature. Coastal Commission membership is composed of twelve voting members, appointed equally by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. Half of the voting commissioners are locally elected officials and half are representatives of the public at large. The Coastal Commission also has four ex officio (non-voting) members representing the Resources Agency, the Business, Transportation and Housing Agency, the Trade and Commerce Agency and the State Lands Commission.
The Legislature found that “to achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.” Therefore, implementation of Coastal Act policies is accomplished primarily through the preparation of a Local Coastal Program (LCP) by the local government that is reviewed and certified (approved) by the Coastal Commission. An LCP typically consists of a Land Use Plan and an Implementation Plan. The Land Use Plan indicates the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions. The Implementation Plan consists of the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan. Any amendments to the certified LCP will require review and approval by the Coastal Commission prior to becoming effective.
After certification of an LCP, coastal development permit authority is delegated to the appropriate local government. The Coastal Commission retains original permit jurisdiction over certain specified lands, such as submerged lands, tidelands, and public trust lands, and has appellate authority over development approved by local government in specified geographic areas and for major public works projects and major energy facilities. In authorizing coastal development permits, the local government must make the finding that the development conforms to the certified LCP. Furthermore, after certification of the LCP, City actions on applications for Coastal Act authority to conduct certain types of development and development within certain geographic areas are appealable, to the Coastal Commission.
The City of Newport Beach does not have a certified LCP, and therefore, does not have the jurisdiction to issue coastal development permits. The City does, however, have a
Coastal Land Use Plan that has been certified by the California Coastal Commission. Since the City does not have permit jurisdiction, the City reviews pending development projects for consistency with the City’s General Plan, Coastal Land Use Plan and Zoning regulations before an applicant can file for a coastal development permit with the Coastal Commission. The City is presently in the process of preparing an Implementation Plan for the City’s Coastal Land Use Plan
Staff Contact:
James Campbell, Principal Planner
City of Newport Beach Planning Department
P. O. Box 1768
Newport Beach, CA 92658-8915
Voice: (949) 644-3210
Fax number: (949) 644-3229
E-mail:
jcampbell@newportbeachca.gov