Public/Private Beach Access in California

Maasumi, on November 6, 2023, at 1:00 pm, at 30212 Tomas, Suite 180, Rancho Santa Margarita, California 92688. Moving parties are ORDERED to give notice.

Sections 30519 and 30600(b) are the relevant provisions. Pet. Br. at 2. According to Petitioner, section 30519 divests the Commission of jurisdiction to consider CDP applications upon the certification of an LCP, and section 30600(b) divests the Commission of jurisdiction once it delegates permitting authority to a local agency. Pet. Br. at 2. Petitioner notes that Mulryan required the Commission to send the developer back to the local agency once the County’s LCP was certified. Pet. Br. at 2-3.

Rather, Public Resources Code §30600(a) requires Petitioners to obtain a CDP before performing or undertaking any development in the coastal zone. The statutes on which Petitioners rely apply only to local entities, like cities and counties, but the California Coastal Commission is a statewide entity. Moreover, the California Supreme Court held in Pacific Palisades Bowl Mobile Estates, LLC v.

Allen, Case No. 2016-30600 July 20, 2018, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a motor vehicle negligence case arising from an auto accident on September 2, 2014 on Ted Williams Parkway in San Diego. The complaint was filed on September 1, 2016. ROA 1. Defendants answered on March 8, 2017. ROA 19. The trial is set for late November 2018. ROA 52, 55. Presently, defendants filed a motion to compel discovery responses. ROA 60.

. §30600(b). This option is discretionary with the local government, and an applicant must obtain a CDP from the Coastal Commission if the local government’s LCP has not been certified and it has not chosen this option. §30600(c). The City does not have a certified LCP. The City assumed primary authority from the Coastal Commission to issue CDPs pursuant to section 30600(b) and (c). b. Appeal to the Commission State law and local regulations delineate the proper process for applying for a City CDP.

Under Chapter 3, maximum access and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights and the rights of private property owners. §30210. Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization. §30211. Coastal areas suited for water-oriented recreational activities shall be protected for such uses. §30222.

[10] Petitioner relies on section 30212(b)(5) to define bulk, but that definition is located in a section relating to public access. See §30212. RPI Opp. at 10-11. In any event, it does not matter whether the Commission expressly addressed bulk. Not every finding need be based on substantial evidence as long as those findings that are supported by substantial evidence are sufficient to support the Commissions decision. Greene v.

LACMTA is authorized to take the property by eminent domain pursuant to the statutory authority provided by Public Utilities Code sections 30503 and 30600 (as the successor to Southern California Rapid Transit District pursuant to Public Utilities Code sections 130050.2 and 130051.13) and 130220.5 (as the successor to the Los Angeles County Transportation Commission pursuant to Public Utilities Code sections 130050.2 and 130051.13).

Prior to certification of its LCP, a local government may accept the authority and voluntarily adopt necessary procedural ordinances for processing CDPs. §30600(b). This option is discretionary with the local government, and an applicant must obtain a CDP from the Coastal Commission if the local government’s LCP has not been certified and it has not chosen this option. Pub. Res. Code §30600(c).

. §30600(b). This option is discretionary with the local government, and an applicant must obtain a CDP from the Coastal Commission if the local government’s LCP has not been certified and it has not chosen this option. Pub. Res. Code §30600(c). The Coastal Act expressly recognizes the need to "rely heavily" on local government "[t]o achieve maximum responsiveness to local conditions, accountability, and public accessibility .... " §30004(a); Pacific Palisades Bowl Mobile Estates, LLC v.

Specifically, Plaintiff is authorized to take the property by eminent domain pursuant to the statutory authority provided by Public Utilities Code sections 30503 and 30600 (as the successor to Southern California Rapid Transit District pursuant to Public Utilities Code sections 130050.2 and 130051.13) and section 130220.5 (as the successor to the Los Angeles County Transportation Commission pursuant to Public Utilities Code sections 130050.2 and 130051.13). (Motion at p. 7.)

. §30600(b). This option is discretionary with the local government, and an applicant must obtain a CDP from the Commission if the local government’s LCP has not been certified and it has not chosen this option. §30600(c). The Coastal Act expressly recognizes the need to "rely heavily" on local government "[t]o achieve maximum responsiveness to local conditions, accountability, and public accessibility .... " §30004(a); Pacific Palisades Bowl Mobile Estates, LLC v.

Prior to certification of its LCP, a local government may accept the authority and voluntarily adopt necessary procedural ordinances for processing CDPs. §30600(b). This option is discretionary with the local government; an applicant must obtain a CDP from the Commission if the local government’s LCP has not been certified and it has not chosen this option. §30600(c).

Prior to certification of its LCP, a local government may accept the authority and voluntarily adopt necessary procedural ordinances for processing CDPs. §30600(b). This option is discretionary with the local government; an applicant must obtain a CDP from the Commission if the local government’s LCP has not been certified and it has not chosen this option. §30600(c).

Prior to certification of its LCP, a local government may accept the authority and voluntarily adopt necessary procedural ordinances for processing CDPs. §30600(b). This option is discretionary with the local government, and an applicant must obtain a CDP from the Coastal Commission if the local government’s LCP has not been certified and it has not chosen this option. §30600(c).

. (§§ 30106; 30212; see Georgia–Pacific Corp. v. California Coastal Com. (1982) 132 Cal.App.3d 678, 695–696, 183 Cal.Rptr. 395.) Once an LCP is certified, it serves as the standard for proposed development and the issuance of new coastal development permits. (Douda v. California Coastal Com. (2008) 159 Cal.App.4th 1181, 1192, 72 Cal.Rptr.3d 98.)

(PRC § 30600(d).) Development is defined as a “change in the density or intensity of use of land” or any “change in the intensity of use of water, or of access thereto.” (PRC § 30106.) Plaintiff’s theory of the case is that Airbnb’s STRs are a development under the Act because they increase a property’s usage, which results in a change in a property’s density or intensity of use. Thus, Airbnb should have to apply for a CDP for each of their STRs, ensure and verify that its Hosts obtain a CDP.

Chapter 3 policies protect public access to the coast by precluding development from interfering with access (§30211, 30212) and protecting oceanfront land suitable for recreational use. §30221.[9] In arguing that the Commission’s decision lacks substantial evidence, Petitioners must show that no reasonable person would have made the same decision. See Opp. at 17.

Code § 30600(d). The Coastal Commission must certify that a proposed LCP conforms with the Coastal Act before the local government can adopt it. Pub. Res. Code §§ 30512 and 30513. After a local coastal program has been certified, the Coastal Commission can no longer exercise development review authority over proposed development within the LCP. Pub. Res. Code § 30519(b). Chapter 12 of the San Diego Municipal Code is titled "Land Development Reviews," and was established in 1997 as the City's LCP.

(PRC § 30600(d).) Development is defined as a “ change in the density or intensity of use of land ” or any “ change in the intensity of use of water, or of access thereto .” (PRC § 30106; underscore added.)

As noted by Respondents (Oppo. 13), other relevant provisions include sections 30601 and 30600(d).

Another pertinent Chapter 3 policy of the Coastal Act is to provide maximum access& and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights and [l]ower cost visitor and recreation facilities shall be protected, encouraged, and where feasible, provided. §§ 30210, 30213.

Prior to certification of its LCP, a local jurisdiction may, with respect to development within its area of jurisdiction in the Coastal Zone, establish procedures for the filing, processing, review, modification, approval, or denial of a CDP. §30600(b)(1). Pursuant to this provision, the City developed a permit program in 1978 to exercise its option to issue local CDPs. AR 242; §30620.5.

at 185; § 30600, subd. (a).) The City has a certified land use plan for the San Pedro area (San Pedro LUP), but it has not completed its LCP. (AR 2851; see also Opening Brief 9-10.) The Coastal Act, however, permits jurisdictions, such as the City, to issue CDPs in the absence of a fully certified LCP under certain circumstances. (§ 30600, subd. (b).)

Cosby, Jr., Case No. 3:14-cv-30211-MGM, U.S. Dist. Court, District of Massachusetts, filed October 9, 2015; (5) Testimony of Janice Dickinson from Trial by Jury, Commonwealth of Pennsylvania v. William H. Cosby, Jr., No. 3932-16, April 12, 2018; (6) Defendant Cosby’s Notice of Motion and 12(b)(6) Motion to Dismiss filed in AIT Property Casualty Co. v. William H.

at 185; § 30600, subd. (a).) SONGS Background: SONGS is located on United States Marine Corps Base Camp Pendleton, approximately 50 miles northwest of the City of San Diego. (AR 35-37, 1470, 1525.) SONGS began operating in 1968 and ultimately consisted of three nuclear power reactors, Units 1, 2 and 3, as well as supporting infrastructure. (AR 35, 1505-1506.) Unit 1 was shut down in 1992 and has since been dismantled and decommissioned. [5] (AR 35, 1505-1506.)

The Commission assessed the Project’s consistency with each of the policies in Chapter 3 of the Coastal Act — i.e., wetland resources (§ 30233), environmentally sensitive biological resources (§ 30240), water quality (§§ 30230-30231), oil and gas development (§ 30262), oil spills (§ 30232), visual resources (§ 30251), geological hazards (§ 30253(a)-(b)), greenhouse gas emissions (§ 30253(c)), cultural and tribal resources (§ 30244), public access and recreation (§§ 30210 & 30214), and environmental justice (

The Coastal Act’s goals are binding on both the Commission and local government and include: (1) maximizing, expanding and maintaining public access (§§ 30210-14); (2) expanding and protecting public recreation opportunities (§§ 30220-24); 3) protecting and enhancing marine resources including biotic life (§§ 30230-37); and (4) protecting and enhancing land resources (§§ 30240-44).

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The Coastal Act’s goals are binding on both the Commission and local government and include: (1) maximizing, expanding and maintaining public access (§§ 30210-14); (2) expanding and protecting public recreation opportunities (§§ 30220-24); 3) protecting and enhancing marine resources including biotic life (§§ 30230-37); and (4) protecting and enhancing land resources (§§ 30240-44).

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