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HomeMy WebLinkAboutCoastal Commission 1974 - 1975 - South Coast Regional Commis COPIES TO COUNCIL STATE OF CALIFORNIA RONALD REAGAN, Governor CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SOUTH COAST REGIONAL COMMISSION `m 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 (213) 4364201 (714) 846.0648 D E ^ E 21 August 1974 'IIUJu n AUG w 31974 IUI CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE His Honor the Mayor Alvin M. Coen City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Reference Number: SCRC 548 Dear Mayor Coen: Under the provisions of Proposition 209 the South Coast Regional Commission is charged to preserve the ecological balance of the coastal zone and to prevent its further deterioration and des- truction and to ensure that its actions are consistent with the objectives of maintenance, restoration and enhancement of the overall quality of the coastal zone environment including, but not limited to, its amenities and aesthetic values. Further, that irreversible and irretrievable commitments of -coastal zone resources shall be avoided. At its hearing on Monday, 19 August 1974, the South Coast Regional Commission had, on its agenda, many four4'plex develop- ments in the Sunset Heights area and the Town Lot `area. You are, no doubt, aware that the Commission has been concerned about developments in these areas as to their compliance with the Act for some time, but has been approving developments in these areas. This sudden influx Bf development has raised some questions as to whether or not the City of Huntington Beach City Council and Planning Commission are fully aware of the intense development pressures in these areas. These applications, plus previous applications, can effect a severe impact on these areas as to schools, parks, city utilities and irretrievable and irreversible commitments as well as aesthetic values. It would be appreciated if the Commission could be provided with your Council and Planning Commission' s reaction to the intense I Mayor Alvin M. Coen —2— 21 August 1974 development now taking place in the Sunset Heights and Town Lot areas. I am enclosing a copy of the permit applications now pending action before the Commission. Sincerely yours, M. J. C pen r Executive Director MJ C: do Enclosures l 1 P-6-13-74-3465—A Construction of two - 2-story, 8-bedroom, 4-plexes, both . with $ on-site parking spaces, ($70,000 each) , 800 yds. from the mean high tide, at 11631 Sims and ---. -- -B 16641 Sims, Huntington Beach, by Tobin-Realty, Inc. (17 du/ac each) P-6-13-74-3466-A Construction of three - 2-story, $-bedroom, 4-plexes, all with $ on-site parking spaces, all exempted from the 105 criteria, ($70,000 each), 800 yds. from the mean high tide at 16692 Blanton St. and ---------- .-B 16702 Blanton St,, , Huntington Beach, by Tobin Realty, -Inc . (17 du/ac) P-6-13-74-3467-A Construction of three, 2-story, 8-bedroom, 4.--plexes on- three lots, exempted from the 1.5 criteria, all have 4 covered .and 4, oper parking- spaces, ($70,000 each) , 850 y-ds. from the mean_ high tide, at 16821 Blanton St. , -B 16831 Blanton St. , and -C 16841 Blanton St. , Huntington. Beach, by Tobin Realty, Inc. (17 du/ac each) P_6-2$_74-3468 Construction of a 2-story, $-bedrocrr. 4r-plex with 4 covered and 4 open parking spaces, (�70 OCO), 900 yds. from the mean high tide, at 16661 Lynn 6t., Huntington Beach, by Tobin Realty, Inc. (17 du/ac) P-6-2$-74--3469 Construction: of a 2-story, 8-bedroom 4-plex with 4 covered and 4 open parking spaces, (K,000) , 850 yds. from the mean high tide, at 16702 Sims St. , .Huntington Beach, by Tobin Realty, Inc (17 du/ac ) P-6-2$-74 -3470 Construction of a 2-story, 8-bedroom 4-plex with 4 covered and 4 open parking spaces, ( 70,OCO) , $00 yds. from the mean high tide, at 16722 Algonquin St., Huntinc- ton Beach, by Tobin Realty, Inc. (19 du/ac) P-6-2$-74-3471 Construction of a 2-story, 8-bedroom, 4-plex with. $ on- site parking spaces, ($70,000) , 850 yds. from the mean high tide, at 16741 Blanton. St. , Huntington Beach, by Tobin Realty, Inc. (17 du/ac) P-6-12-74-3472 Construction of a 2-story, $-bedroom, 4-plex with 4 covered and 4;. open. parking spaces, ($70,000) 9 850' yds. from the mean high tide, at 16781 Blanton St. , Hunting ton Beach, by Tobin Realty, Inc. (17 du/ac) P--6-20--714-13 516 Construction of a 1-story, 6-bedroom, triplex with 4 primary and 2 tandem parking spaces, ($1001000) 2 700 yd.s. from the mean high tide, at 17071 Sims St. , - Hunting- ton •Beach, by Grraziado Development Company. P-7-12-74-3632 Construction of a 2--story 9 bedroom L nlex with 8 on- site parking spaces, 5740 sq. ft. on 8400 sq. ft. lot, 25 ' above existing grade, ($100,000) , 650 yds. from the mean high tide, at 16762 Sims, Huntington Beach, .by Larue Frey Inc. and Richard Rule. (17.39 du/ac) Condition: That the applicant . agree 'to submit revised plans prior to issuance of pe=ait indicating 8 on-site parking on setbacks.spaces �ithout encroaching z• P-7-11-7 -3608 Construction of a 2-story, 5-bedroom duplex with 4 on- site parking spaces, 2416" above existing grade, exempted from 1. 5 criteria, ($70,000) 9 750 yds. from the mean high tide, at 513--515 - 15th St. , Huntington Beach, by Richmond Gipple. (12. 50 du/ac) P--7-11-74 -3609 Construction of a 2-story, 5-bedroom duplex with 4 on- site parking spaces, exempted from 1. 5 criteria, 2416" above existing grade, ($50,000) , 800 yds. from the mean high tide, at 509-511 - 1$th St Huntington Huntington Beach, by Melvin Hoeffliger. (12. 50 du/ac ) - P-7-11-74-3610 Construction of a 2-story, 5-bedroom duplex with 4 on- .site pal'iilllg spaces, exCiTiptcd fr viu .L. J criteria, 24 v above existing grade ($50,000) , 800 yds, from the mean high tide, at 514_51� - 19th St., Huntington Beach, by Richmond Gipple. (12. 50 du/ac) P-7-12-74-3627 Construction of a 2-story 5-bedroom duplex with 4 on- ' site parking spaces, exempted from 1. 5 criteria, 2416" above existing grade, ($70,000), $00 yds. from the mean high tide, at 509 & 511 - 15th St. , Huntington Beach, by Melvin Hoeffliger. (12. 50 du/ac ) P-7-12-74-3628 Construction of a 2-story, 5-bedroom- duplex Vrith 4 on- site parking spaces, exempted from 1. 5 criteria, 24,6" above existing grade, ($70,000) , 800 yds. from the mean high tide, at 509-511 - 19th St. Huntington Beach, by Melvin Hoeffliger. (12. 50 du/ac� P-7-12-74-3629 Construction of a 2-story, 5-bedroom duplex, 24t6" above existing grade, with attached 4-car garage, 3581 sq. ft* on a 5875 sq. ft. lot, ($70,000) , 800 yds. from the mean high tide, at 510 & 512 -• 19th St. Huntington Beach, by Michael Wilson. (12. 50 du/ac P-7-17-74-3651 Construction of a 2-story duplex with one bedroom each, 23', above existing grade with 4 en-site parking spaces on a lot with an existing single-family dwelling, con- fonrLing lot is exempt from 1. 5 criteria, ($27,000) 9 700 yds. from the mean high tide, at 408 - 12th St. , Hunting- ton Beach, by Ronald Lee Knudtson. (18.75 du/ac) P-7-23-74-3704 Construction of a 2-story $ bedroom 4 plex, 22 ' above ; grade ,,,i th $ on-site parking spaces. Con- fardeing lot is exe:�pt from 1. 5 triter!a, ($1007000) , 350 yd '• from the mean high t-_de, at 210 7th St. Hunting-ton Beach, by Leonard Lindborg. (25 du/a.c� Condition: That the applica-t agree to subirit landscaping plans prior to issuance of' permit. P-6-10-74-3414 Construction .of a ; 2-story, 9-bedroom, 4-plex with $ on- . . site parking spaces, exempted from 1. 5 criteria, ($751000) ,300 yds. from the mean high tide, at 226 - 17th St. , Huntington Beach, by Foxx Development Corp. (16.66 du/ac ) 1, Condition: That the applicant agrees to submit revised plans indicating 8 on-site parking spaces that do not encroach onto setbacks and with a 25 ft. turning radius, prior to issuance of pe .mit. P-6-6-74-3415 Construction of a 2-story, 9-bedroom, 4-plex with $ on- site parking spacesx exempted from 1. 5 criteria, ($75,000) 2 150 yds. from the mean high :tide, at 305 -- 18th St. , Huntington Beach, by Foxx Development Corp. - (23.52 .au/ac ) Condition: That the applicant agrees to submit revised plans indicating $ on-site parking spaces that do not encroach onto setbacks and with a 25 ft. turning radius, prior to issuance of permit. P-6-14-74-3452 Construction of a 2-story, 9-bedroom, 4-plex with $ on- site parking spaces, exempted from 1. 5 criteria, ($607000) , 250 yds. from the mean high tide, at 120 - 12th St. , Huntington Beach, by Donald Redington. - -- -(25 du/a c ) Condition: That the applicant agrees to submit revised plans indicating- 9 on-siteparking spaces that do not encroach onto setbacks and with a 25 ft; turning radius, prior to issuance of permit. P-7-$-74-3574 Construction of a 2-story, 10 bedroom 4. pl_ex, on a vacant graded pad, 23 ' above existing grade, 4.300 sq.ft- on 5875 sq.f-t. lot, ($100,000) , 650 yds. from the meen high tide, at 4.02 14th St. , Huntington Beach, by L.D. Zehnder. (23 . 52 du/ac) Condition: That the applicant agree to submit landscaping plans prior to issuance. of permit. • P-7-10-74-357$ Construction of a 2-story 6 bedroom triplex, 24' above existing grade, approx. 3500 sq. ft. on a 5750 sq. ft. lot, ($40,000) , 950 yds. from the mean high tide, at. 611 9th St. , Huntington Beach, by Wi.11ia_m Linderoth. _.. .- (17.64. du/ac) Condition: That the applicant agree to provide 6 on-site parking spaces which do not encroach on yard setbacks. P--5-21-74-3297 Construction of a 2-story, 9-bedroom, 4 -plex with 8 on�- site parking spaces, exempted from 1. 5 criteria, ($105,00: 300 yds. from the mean high tide, . at 210 - 20th St. , Huntington Peach, by L. Tati"-n & J. Genovese. (25 au/ac) Condition: That applicant agrees to submit revised plans indicating 8 on site parking spaces that do not encroach into the setbacks and with a 25 ft. turning radius, prior to issuance of the permit. P-5-29-74-3331 Construction of a 2--story, 9-bedroom, 4 -plex with 8 on site parking spaces, exempted from 1. 5 criteria, ($105,000) ; 300 yds. from the mean high tide, at 321 -- 20th St. , Huntington Beach, by L. Tatian & J. Genovese. (2 5 du/a c) - ----- L--- ------- -- .. __ Condition: That the applicant agrees to submit revised plans indicat ing .8 on.-site parking spaces that do not encroach onto setbacks and with a 25 ft. turning radius, prior to :issuance of the permi.u. P-6-10--714-3411 Construction of a 2-story, 9-bedroom, 4-plex with 8 on- site parIking spaces, exempted from 1. 5 criteria, (UrS,000) , 300 yds, from the mean high tide, at 226 -- ' 18t11 Ste , Huntington Beach, by Foxx Development Corp. ----- - -- --- - (23. 52 du/ac ) Condition: That the applicant agrees to submit revised plans indicat• Ing 8 on-site narking spaces that do not encroach onto setbacks and v�ith a 25 ft. turning radius4 prior to issuance of permit. _ P-6--6-74--3412 Construction of a 2--story, 9--bedroom, 4-plex with 8 on- site parkin; spaces, exempted from 1. 5 criteria, ($75;000) , 000 yds, _run the mean high tide, at 309 - lith Sto , Hunitington Beach, by Pauline Cooper. (16,66 du/ac ) Condition: T'rat the applicant agrees to submit revised plans znaicati11 S on--site parking spaces that do not encroach onto setbacks and with a 25 ft. turning radius, prior to - issuance of penrit. P-6-14-7L,--3l,.13 Construction of a 2-story, 9-bedroom, 4-plex with 8 on- site parkking spaces, exempted from 1. 5 criteria, ($757000) , 300 yds, from the mean high tide, at 202 -- I5th St. , Huntington Beach, by Foxx Development Corp. (23. 52 du/ac ) Condition: That, the applicant af;rees . to submit revised plans - indi.ca-Cin; 8 on-site parking spaces that do not encroach Oai:U SE_t.l`:.;C�: �?11d �..,4 til a 2�j ft•. turnir— radius, prior to -.. is .uaaice of permit. P-7-23-74-3705 Construction of a 2-story 8 bedroom 4 plex,. 21 ' above existing grade with 8 on-site parking spaces, ($100,000) , 350 yds. from the mean high tide, at 212 7th St-. , Huntington Beach, by H"UI 1. (25 du/ac) Condition: That the applicant agree to submit landscaping plans prior to issuance of permit. P-7-23.--74-3706 Construction of a 2-story 9 bedroom 4 plex, 21 ' above existing grade with 8 on-site parking spaces, ($100,000), 700 yds. from the mean high tide, at 409 19th St. , Huntington Beach, b Norman Ivallenfang and Leonard . . Lindborg. (25 du/ac� Condition: That th.Q applicant agrae to submit landscaping plans prior to issuance of permit. P-7-24-74--37.44 Construction of a 2-story, 8-bedroom, /4-plex, 211 above existing grade with $ or.-site parking spaces, ($100,000) , 35Q _yds. from the mean high tide,dat }2 - nth St. , Huntington Beach, by HUI--1., (25 P-7-12-74-3643 Construction of a 2-story �,. plex vdth 9 bedrooms, 21f1 above finished grade with 8 on-site parking spaces. Applicant exempted from 1. 5 criteria. ($75, 000) , 350 yds. from the mean high tide, at 218 7th St. , Hunting- , ton Beach, by Leonard Lindborg. (25 du/ac) Condition: That the applicant agree to submit revised Plans that indicate 8 on-site parking spaces z•r_i_thout e-ncroaching on sideyard setbacks prior to issuance of uel,-,i .t. P-7-26-74-3746 Construction of a 20-unit apartment building in 2-stories over a parking garage, at the SAV corner of 10th and Walnut, Huntington Beach, by Alan McGrowan, Robert Schlossberg, and Karen Schlossberg, L-OWN-immumm"ma Y` �_ni'in-�... • , 21 CITY HALL 211 EIGHTH STREET SEAL BEACH, CALIFORNIA • 74 t% February 3. 1975 FEB 5 W OF MnMTM WO TO ALL ORANGE COUNTY CITIES -Forwarded he!'e:•ri tVI i s_ a COP.' of Raso1 n _::nt;r.r 22,1" adopted by .the City Courc i 0 .?[t;, `i or Sea, eaci� t`5eir -requ. iar me::tirq .CUT �cir:Uor�; .i 1075, t Opposh"sg i C PropCSC.d` Powers, Fu; d i rtg ..and :overrifiic_-i l�rll�:f�C u;aL;t :Coast Regional {;o. st; i,ne: Com; ,;r you 'i nforma. on and support in i s matter, :_Very trLIlly yours, i;Jerdys tide -r, C i ty i e r k f r i ty C?F. S�'3 i ll e'lcsl 1 � ' Encl . � -UTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COOPERATION FOR REGIONAL PROBLEMS 1111 WEST SIXTH STREET• SUITE 400• LOS ANGELES • CA ' ('NIA► •.910017 • 213/481-0095 _ Ili cB 1 ; ;; — J ell, Ql• �.�`�n -r..., . , _. eJ:t:• Memo to: Participants in January 28th meeting to discuss South Coast' Regional Commission 2nd draft Powers Funding and Government Element. From: Frank Hotchkiss, SCAG Date: February 5th, 1975 Subject: SCAG Executive Committee position on above "element. The content of the January 28th meeting ( see above ) was reported to the Executive Committee of SCAG at its meeting on January 30th. As a result, the Executive Committee took the positions set forth in the attached letter. I Your participation in the discussions was very much appreciated. FH:v CI ; L'i fll t;i it a l;l,'J B�l1.l0i i (�f?(tNNISTPill'N't Of 'FICE SOU1. .N CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COOPERATION FOR REGIONAL PROBLEMS 1111 WEST.SIXTH STREET• SUITE 400• LO NGELES• CALIFORNIA • 90017 • 213/481-0095 January 31, 1975 Mr. Donald B. Bright Chairman South Coast Regional Commission P.O. Box 1450 Long Beach, California 90801 Dear Mr. Bright: As I am sure you are aware the Southern California Association of Governments with the co-sponsorship of Los Angeles and Orange Counties Divisions of the League of 'California Cities have sponsored two meetings of city and county representatives for the purpose of providing a forum for clarification of local government positions on elements of the Coastal Plan, most particularly the Powers, Funding and Govern- ment Element. The second draft of that element was reviewed at a meeting on January 28th. The Executive Committee of the Association at their meeting on January 30th, considered a summary report of the meetings with city and county representatives on the Powers, Funding and Government Element ( second draft dated January 17, 1975 j and adopted the following as their position at this time: 1. Express concern that there be adequate local government involvement in any regional commission (a) which may be created. 2. Express concern over creation and definition of the Management Zone. 3. Express view that all permit authority outside of a narrow clearly defined and agreed-upon critical coastal zone should be returned to local government. 4. Express concern about the continuation of a narrow geographic approach and special-purpose approach to planning. 5. Defer more detailed comment until have the. opportunity to further explore with the League and CSAC in terms of a Statewide position. ncerely, , Jary Gilbert President JG:v �a- WE D JAN 2 71975 RESOLUTION NO. 2607 CITY OF HUNTINGTON BEACH A RESOLUTION OF THE CITY COUNCIL OF THE ADMINISTRATIVE OFFICE CITY OF EL SEGUNDO, CALIFORNIA, OPPOSING THE ELEMENT OF POWERS, FUNDING, AND GOVERNMENT OF THE SOUTH COAST REGIONAL COASTAL COMMISSION. WHEREAS, the South Coast Regional Commission is draft- ing a proposal for a system of Powers, Funding, and Government for the South Coast Region and for the State, to be implemented as a successor to the current commissions and system established by the passage of Proposition 20 which would perpetuate and extend the permit system further than presently authorized by Proposition 20; and WHEREAS, under the proposal, local land use programs for coastal areas would have to be approved by this successor agency; and WHEREAS, the proposal would create many problems for Local govern- ments, including replacing current regional and coastal commissions with a nine- member State agency on which no elected official of any local government would be permitted to serve; and WHEREAS, the administration of local land use planning should re- main in the hands of local government, while recognizing the need for coordina- tion and harmony with State and Federal plans; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Segundo hereby expresses to the South Coast Regional C o mm is- sion its opposition to any and all portions of the proposed Powers, Funding, and Government element which exceed the provisions of Proposition 20 as adopted by the State electorate; and BE IT FURTHER RESOLVED that the South Coast Regional Commission be advised that in the preparation of the proposed element that Local governments should retain jurisdiction in .coastal. areas within their geographical areas and be responsible for the implementation of the Coastal Plan; and BE IT FURTHER RESOLVED that the City Clerk of the City of EL Segundo be directed to forward copies of this resolution to the South Coast Regional Commission, the California Coastal Zone Conservation Commission, the League of California Cities, Assemblyman Robert G. Beverly, Senator k J Robert S. Stevens, and each city and county in the South Coast Region with jurisdiction over land along the coast.line. PASSED, APPROVED and ADOPTED this 21 st day of January, 1975. s/ E. L. BA.LMER, Mayor Mayor of the City of EL Segundo, California ATTEST: s/ VALERIE A. BURROW ES ity C er (SEAL) -2- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH OPPOSING THE PROPOSED POWERS, FUNDING AND GOVERNMENT ELEMENT OF THE SOUTH COAST REGIONAL COASTLINE COMMISSION. WHEREAS, the South Coast Regional Coastline Commission has drafted a proposal for a system of Powers, Funding and Government for the South Coast Region and for the State to be implemented by a successor agency to the current commissions and system established by the passage of Proposition 20; and WHEREAS, the proposal to create a successor agency with permitting power and power to review local land use plans is not provided for in the California Coastal Zone Conservation Act of 1972; and WHEREAS, the permit system was instituted as an interim procedure only during the planning process; and WHEREAS, no justification exists -to perpetuate a separate successor agency with permitting authority; and WHEREAS, local land use planning should remain in the hands of local government since local government is best able to respond to local issues and problems; and WHEREAS, the City Council through its Planning Commission and Environmental Quality Control Board is actively implementing environmentally sound local land use decisions for the protection of all residents and all properties within the City; and WHEREAS, local land use planning should be the vehicle whereby the coast is preserved and enhanced; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby express to the South Coast Regional Commission its opposition to any and all portions of the proposed Powers, Funding and Government Element which exceeds the provisions of Proposition 20 as adopted by the State electorate and which would remove local land use planning decisions from local government. PASSED, APPROVED AND ADOPTED by the .City Council of the City of Seal Beach at a meeting thereof held on the day of. 1975, by the following vote: AYES. Councilmen NOES: Councilmen ABSENT: Councilmen: -f ' Mayor ATTEST: Ci ty erk r� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Valerie A. Burrowes CITY CLERK OF THE CITY OF EL SEGUNDO, CALIFORNIA, and ex-officio Clerk of the City Council of said City do hereby certify and attest the foregoing to be a full, true and correct copy of the original RESOLUTION NO. 2607 on file in my office, and that I have carefully compared the same with the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California, this 24th day of January 1975 CITY CLERK of the CITY OF EL SEGUNDO, CALIFORNIA by: Deputy (SEAL) :2f 0- iq�s_ ls" RESOLUTION NO. 74-84 A RESOLUTION OF THE CITY COUNCIL OF THE C LOMITA OPPOSING A SOUTH COAST REGIONAL COASTLINE COMMISSION'S POWERS, FUNDING AND GOVERNMENT ELEMENT WHEREAS, the South Coast Regional Commission has drafted a pro- posal for a system of Powers, Funding and Government for the South Coast Region and for the State, to be implemented as a successor to the current commissions and system established by passage of Proposition 20; and WHEREAS, the proposal creates many problems for local governments, including replacing current regional and coastal commissions with a nine member State agency on which no elected official of any local government would be permitted to serve; and WHEREAS, under the proposal, local land use programs for coastal areas would have to be approved by this successor agency, thus inject- ing a State-appointed committee into the local land use planning process, including the entire areas of many cities; and WHEREAS, this proposal would perpetuate and extend the permit system inland much farther than presently authorized by Proposition 20; and WHEREAS, existing city and county general governments represent the people, are accountable to the people through the election process, and have the responsibility for government within their geographic boundaries; and WHEREAS, land use planning should remain in the hands of local government, while recognizing the needs for coordination and satis- faction of State and Federal concerns; and WHEREAS, the City Council has adopted a position for the guidance of its legislative representatives which, among other things, supports strengthening of the ability of cities to exercise authority over land use planning and decisions of primarily local impact and interest; and WHEREAS, the League of California Cities has adopted an Action Plan which includes, among other things, the findings that cities must' be given the tools to control the development of urban communities; and WHEREAS, creation of a new, permanent, and separate governmental agency such as that which is being proposed with funding and staff appears unwise, because: ' (1) it can create further confusion in the . 3' minds of the electorate as to who is really responsible for what, (2) it would take authority for local land use planning for the coastline out of the hands of local governments while leaving them the responsi- bility for implementation and enforcement, and (3) it would create a "government outside of government", supported at least in part with taxes, having power, and yet not directly accountable to the people. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lomita hereby expresses to the South Coast Regional Commission its opposition to any and all portions of the proposed "Powers, Funding and Government" Element which exceed the provisions of Proposition 20 as adopted by the State electorate; and BE IT RESOLVED that the South Coast Regional Commission be advised . in instructing the preparation of the proposed element that with the termination of Proposition 20 local governments should retain juris- diction in coastal areas within their geographical areas and be responsible for implementation of the Coastal Plan; and BE IT RESOLVED that the actions of the City Council and the League of California Cities in their Action Plan, which would continue land use planning at the local government level, be used by the South Coast Commission as guidelines in revising its draft of the "Powers, Funding and Government" Element; and BE IT FURTHER RESOLVED that copies of this resolution be forward- ed to the South Coast Regional Commission, the State Coastal Commission.. the League of California Cities', ' and each City and County in the South Coast Region with jurisdiction over land along the Coastline. PASSED, APPROVED AND ADOPTED this 16th day of December, 1974. n MAYOR ATTEST: y CITY CLERK I, DAWN R. TOMITA, City Clerk of the City of Lomita, California, do hereby certify that the foregoing Resolution No. 74-84 was adopted by the City Council of the City of Lomita at a regular meeting thereof, held on the 16th day of December, 1974, by unanimous vote. ,.� CITY CLERK IN SUPPORT OF THE PLAN agricultural land. It forces coastal crops inland, resources whose longevity is essential to the the basis of use, rather than speculative value. away from the naturally fertile soil and beneficial state's economy. Commerical and recreational By Rochelle Braly climate of the coast. More money is required for fishing with its related jobs is estimated to bring The permit review and planning costs of the seven fertilizers and irrigation to achieve the equivalent in $600 million annually to the state's economy. coastal commissions averaged $2.5 million annual- Three charges are commonly leveled against the production level formerly reached on the coast.. Up-grading municipal wastewater discharge to the ly for the past two and one-half years. A tentative Coastal Plan by opponents who say land use deci- The increased costs of production appear on the ocean and actively promoting wetland restoration list of 150 priority sites recommended for acquisi- sions should be made on the grounds of what is consumer's food bill. j are policies designed to ensure the vitality of tion is estimated at $225 million (current assessors sound economics — with environmental consider- + marine life. evaluation). ations reserved for a "finishing touch". The Plan Sprawling residential development, which the is described as a "no-growth" Ian ignoring eco- Plan attempts to curtail by channeling it to urban Forests would be protected as a renewable resource g p g g centers or planned, clustered communities in rural A range of funding possibilities is recommended to cen nomic implications of its policies, of violating • • by regulating the conversion of timberland on a the Legislature to finance the successor agency's areas, is costly to the public. A study, THE case-by-case basis and b taxing lumber as it is private property rights, and of side-stepping a Y- Y g regulatory, planning, acquisition and restoration COSTS OF SPRAWL, prepared for three federal harvested timber. - definition of the "public interest" in the coastal g activities. Most of these sources are related to zone and "ecological planning principles." agencies by the Real Estate Research Corporation activity in the coastal zone: planning funds under found that "Planned 'high density' communities Energy development — power plants, refineries, None of these charges is in fact true. are 44% cheaper, 44% less polluting, use 44% less off-shore oil and gas production — is contemplat the U.S. Coastal Zone Management Act ($3 million energy and 35% less water than the e ed for some sites along the coast. However, since annually); tideland oil revenues,severance taxes on ENVIRONMENTALISM and ECONOMICS: 9Y equivalent g amount of uses if in single family homes . . . The these developments are serious commitments of oil and gas production; oil throughput charges on The Plan sees environmental protection of the land and resources, the Plan requires that a coas- oil products moved across state tidelands,- a tran- most expensive community to create and to oper- q coast's remaining land, water, and air resources as tal site be justified on the basis of a clear public sient occupancy tax on hotel and motel rooms in ate is low density sprawl — the most common p the Coastal Zone. basic to sound economics IN THE LONG RUN, type of development at the urban fringe." need. An application should include conservation in contrast to immediate short-term economic measures, evaluation of alternative coastal and returns on piecemeal development. The private sector is asked not to commit its inland sites, and use of the best available technol The primary method of funding should be a state energy to exclusively private residential develop- ogy to mitigate environmental damage. bond issue earmarked for coastal acquisition. For example, policies to channel new residential ment on the coast but to invest in commercial- development into high-intensity clusters in urban recreational development — hotels, motels, inns, COSTS OF THE PLAN: PRIVATE PROPERTY RIGHTS: areas where public services already exist serve two restaurants, trailer parks, etc. — which can help The majority of r purposes: preserving agricultural land, especially • j y property owners in the coastal meet the enormous recreational need of Califor- Four direct costs are involved in carrying out the zone will be allowed to develop their r on the urban fringe, and conserving the taxpayer's p property nians and out-of-state visitors. Much of the state's Plan: 1) acquiring and restoring coastal land, 2) . under the y dollars that would go for costly road expansion policies of the Coastal Plan. But the thriving tourist industry relies on the attraction of �. up dating the Plan and assisting cities and coun- may not be g and public services to far-flung communities. ; y permitted the full range of their the natural beauty of the coast. By encouraging �. ties with preparing a coastal element for inclusion expectations prior to the passage of Proposition Preserving prime agricultural land is recognized as commerical recreational development in appropri- within their general land-use plans, 3) reviewing 20. being of statewide and even nationwide import- ate locations, the Plan envisions construction permits and processing appeals until local govern- ance. It answers our domestic food demand and jobs, on-going service jobs, and the sustained ments take over such responsibilities i.e., when The past rate and intensity of development, the constitutes a chief export to other nations. health of an industry estimated to bring in $2.5 their coastal elements have been certified for con- conversion of agricultural land, and the concen- billion a year and generate 280,000 jobs. formance with the Coastal Plan and, 4) equalizing tration of permanent residences on the coast has Sprawling residential development that drifts out tax revenues if coastal policies diminish the local been found to be inconsistent with a program of piecemeal from urban centers takes its toll of Ocean fishing and forests are two other natural tax base, i.e., when agricultural land is taxed on coastal conservation. 6 7 What property owners can expect, therefore, is a agency to the coastal commission and local govern- going to do the implementing, and more impor- permit to develop subject to regulations which ments will identify more precisely which parcels tant, how much it is going to cost and who is protect the environment and preserve the public's should be bought, in whole or in part. Some coastal going to pay for it- visual and physical access to the ocean. - policies can be implemented without buying the entire parcel; purchasing only development rights, WHAT ABOUT THE FUTURE OF THE CCZCC Examples of such conditions are: 1) reductions in scenic easements or access paths will do in some AND THE PLAN? Irving Kristol, Wall Street height, bulk, and density, 2) requirements for open cases. A Coastal Conservancy Trust is recommend- Journal contributor, calls them the "New Class." space, on-site parking and landscaping, 3) controls ed with the flexibility to buy less than the entire William Rusher, publisher of National Review, on grading, run-off and siltation,4) design features parcel. Is calls them, "the new verbalist elite." They both for compatibility with natural surroundings or are of the opinion that there are two new political I i community architectural scale and 5) dedications Where a parcel is not covered by some public • • classes emerging; one composed of "non produc " ` . of scenic easements and access paths. program,development can go forward. ers," media people, the educational establish- ment, government bureaucrats, planners, many M California courts have increasingly held that posi- Recognizing that a temporary denial can work an professionals, career environmentalists, etc., as tive enhancement of the public welfare is a legiti- economic hardship on a property owner, the Plan opposed to the other, "producer" class which mate basis for regulating private uses of land. urges tax assessors to reduce assessments on proper- includes industry, business, labor, farmers, etc. It Indeed, a condition requiring an access path along ty restricted by a regulatory agency. It also recom- is their contention that the strong anti-business the side of a new development is simply enforcing mends that future permit processing be streamlined bias of the "verbal elitist non-producers" is more what is already a State Constitutional guarantee of to eliminate the applicant's uncertainty about the interested in stopping growth and business alto- F public access to publicly-owned tidelands. A public fate of his project. gether, than it is in correcting abuse. agency must accept the access paths and be liable for their maintenance. The dichotomy described by these two observers of the social scene and the two groups opposing Where property is determined to be valuable for each other, is no where more evident than in the public recreation, habitat protection, historical or politically explosive future of the CCZCC. archaeological preservation,or because of its scenic ° i • During the brief tenure of CCZCC, we have wit- value, it will be paid for at fair market prices. There nessed the unique coalition of business, industry, is no intention of "taking" anyone's property for - labor, taxpayer groups and property owners be- public use without just compensation. ginning to pull themselves together. There are = now some thirty of these groups actively working Since the commission has no acquisition power of Ms. Joseph, who is active in community and its own, a list of priority sites �' � against land use planning such as mandated by p y appearing in the final , r PROPOSITION 20. The future will not be tran- government affairs, is the president of Common Plan (and tagged at fair market price) is meant as Sense Coalition in Newport Beach and a member quil, but it promises to be interesting. recommendations to other state agencies who do �* - of the Board of Directors of CEEED. She has have the power of acquisition. Some of the sites are3r„( We can only hope that during the political wars, been an avid environmentalist, working for years already partially acquired. _ we don't lose the desire and hopefully, the reality with the sailing, yachting and marine groups and of a better environment, which those of good will has also been an outspoken critic of the Coastal Future detailed planning, between the successor __ _ =-=- r on both sides of the issue share. Commission. 8 5 them unprecedented power over all land use in is aware of. Nearly 50 percent of the beaches PUBLIC INTEREST and the coastal area; that development would be slow- were owned by the government prior to Proposi- ECOLOGICAL PLANNING PRINCIPLES ed or stopped; that by getting their people on the tion 20. They are still owned by the government. Commissions they could pretty well call the There is little evidence that a single barbed wire Underlying the Plan is the notion that the coastal shots. They were correct. fence or posted sign on government land has been zone is a distinct ecosystem where a delicate removed to allow the people access to their balance between air, soil, water, and I ight creates a By producing a voluminous process (183 separate beaches. It is one of the most discouraging aspects healthy environment for man, plants, animals,and policies) rather than a plan, as directed, the of the whole business. fish. The parts of the ecosystem are interrelated; a CCZCC and the proponents now hope that the change in one part affects the others. A major Legislature will find it all totally beyond them The public is also learning that the development ecological planning principle is to maintain a prop- and bless the continued existence of the CCZCC they see doesn't look any different (and in some • •er balance between the parts of the ecosystem so on into eternity. This will give the proponents instances worse) than it did before November that they can not only survive, but flourish. time, opportunity and the authority to preserve, 1972. But most important, the general public is conserve and allow where planned for, the "pro- becoming aware of the cost to them as consumers The plan seeks to promote the long term public per" development of the coastal area. "Proper" as and taxpayers. They are finding that CCZCC is interest in the coastal zone by protecting natural defined by them. not an acronym for a "free lunch." resources and by encouraging orderly and balanced The opponents of Proposition 20 were also cor- HAVE THE COMMISSIONS PRODUCED A development. rect in their predictions. Their greatest fears be- PLAN?'No, they have not. They have, however, fore the Act's passage are being realized. They produced 183 separate policies which in the jar- Both of these are reflected in the Plan's objectives believed the cost of housing and all new building gon of planners, "the Commissions have created a to: in the area would skyrocket as supply was limited PROCESS by which to ensure the future conser in the face of growing demand; they worried that vation, preservation grid orderly development of "Protect the California coast as a great natural thousands would lose their jobs as construction this valuable resource." The "plan" when placed resource for the benefit of the present and future abated, that rents and taxes would both rise in before the public in its initial draft stage has been generations." the controlled area higher and faster than normal; pretty evenly cursed and praised up and down the that the inalienable right to own and use private coast. The Commissioners themselves seem to be • • "Use the coast to meet human needs, but in a property would be severely eroded; that locally divided on it and the State Lands Commission, manner that protects the irreplaceable resources elected government and local concerns would be Resource Commission, most every legislator and of coastal lands and waters." overruled and that creativeness in design and word from the Governor's office has indicated development would be "boxed in" by'a myraid of that all have some serious misgivings with the new laws and policies. They too were correct in ponderous encyclopedia that has been put for- their assessment. ward as a plan. ' But what about the public's hopes? Has it provid- The mandate of the initiative has not as yet been Rochelle Braly, Editor, THE COASTLINE LET- ed greater access to the beaches? No. I think both fulfilled in regard to "identifying the public inter- TER, an independent report on the work of the proponents and opponents would agree that the est in the coastal area." They also must provide coastal commissions, contributing Editor to the CCZCC has not provided any significantly greater an element called the Powers, Funding and Gov- Sea Grant Marine Advisory Services, University of access to the beach, at least none that the public ernment element which must announce who is Southern California. 4 9 o . A STANDARD FOR EVALUATION THE PROMISED ROSE GARDEN tion of the Act, the two and a half years of By Murton H. Willson its biosphere (the surface, subterranian and atmos- IS PRODUCING THE operation of the CCZCC, or the coastal plan they Past President O.C.C.A.I.A. pheric Layers which support organic life). SAME OLD WEEDS have produced. Recognizing that caveat, I will Even during periods of historical) great ex lor- nonetheless attempt an evaluation. Chairman Environmental Committee 9 p Y 9 P O.C.C.A.I.A. ation and discovery, from the Roman Empire to By Ms. Goldie Joseph I think the question we should be asking ourselves the founding of this country, the global environ- is: Has Proposition 20 fulfilled its promise? Has it Creation of the California Coastal Zone Conserva- mental effect of man's activity could hardly be "I was a supporter of environmental and ecologi tion Commission and its functioning to date are noticed. Only in isolated pockets was the pollut- cal causes, and strongly supported Proposition 20. produced a plan as the law mandated, a plan that important among efforts intended to improve the ing effect of man's activity concentrated suffi- No longer so! Because I have seen, first-hand, how is capable being implemented? And, if so, condition of man made environment and halt ciently to threaten his own survival as with the these inept, incompetent, overpaid, underworked, Should we coo ntinue with the Commissions? deterioration of the natural environment. Perhaps plague. • , overstaffed, empire-building bureaucrats take FIRST, HAS PROPOSITION 20 FULFILLED an important difference between this effort and well-meaning laws and prostitute them to the ITS PROMISE? I think that without a doubt, man others is that it resulted from public de- In the last 200 years, however, our ability to point of nothing but make-work obstructionism." y p p g both extremes would agree that it has! Of course, mand that something be done. This shows a grow- effect the biosphere was accelerated to a near That statement, by Mr. Donald J. Lawrence of each thought it promised differently. It's rather ing level of popular concern in one geographical vertical curve. We are now possessed of awesome Hacienda Heights, in a letter to the Los Angeles capabilities AND of the knowledge that continu- difficult to say exactly what the Act did promise, area (California) toward at least a particular as- p 9 Times, is typical of the reaction of Proposition 20 since it contained almost 8,000 words. Surveys pect of total environment. It is a hopeful sign. ing their accelerated application in present direc- opponents. tions will use up and destroy the earth's ability to since that time indicate that fewer than two per- The pros and cons of the Coastal Commission's support us within the next 200 years. Meanwhile, advocates from the Sierra Club, cent of the people ever read the whole Act. So we organization and performance to date are discuss- Friends of the Earth, the Audobon Society and can only go on what those who proposed the Act ed in other JOURNAL 5 articles. I would like to These are not "doomsayer" opinions, as propon- the Planning and Conservation League of Cali- examine a standard for evaluating any action ents of the prevailing economic system insist. fornia, etc. were nearly unanimous in their sup- access to the beaches, and ensure proper use, which has environmental impact — whether in- Studies such as the Club of Rome sponsored, port of the Coastal Commission during the public preservation and conservation of the valuable tended to regulate or to stimulate development — M.I.T. World Model as long ago as 1071, have hearings on the initial draft of the Coastal Plan. It coastal area.' focusing upon those which state an intent to provided convincing data regarding the immin- is their opinion that the work of the Commission ence of collapse regardless of new technological Since the subject of cost was never brought up, improve the situation. p 9 gi • • has been above reproach; they have saved the most voters assumed that the cost, if any, would breakthroughs. The World Model study was ex public from all manner of harm from local repre- come out of the pocket of those rich folks and Any evaluation of an effort attempting to im- tremely complex — using advanced cybernetics sentative government. The only shortcoming they corporations that had the coast "locked u The prove man made environment and halt deteriora- with in-put of every conceivable interrelation of might mention is that Commissions in general p p tion of the natural environment must consider, general public was and is, in for a surprise. population, resources, capital investment, pollu- have been too development oriented. first, the long range GOAL. This is stated because tion, services, etc. Its conclusion and thesis is However, in addition to the hoped-for results of the goal — though now so obvious — is so decision simple and obvious: "Because our environment — That kind of diametrically opposed opinion is to the general public, both proponents and oppon- ally ignored in current and immediate decision the earth — is finite, growth of human population be expected on an issue that has become so in- making. The GOAL is that we preserve the possi- g p p p ents had their own separate ideas about what and industrialization cannot continue indefinite- volved with other more personal beliefs and phi- Proposition 20 and the CCZCC would do to them al)of h SURVIVAL (hopefully enjoyable surviv I !" The startlingaspect of its findings was to losophies viz. property rights, representative ov al) of the species Human on the planet Earth. y� p g p p y g p g and for them. Amazingly, each side anticipated discover, "How very close we are to the physical ernment, the free enterprise system, etc., such as correctly. For a million years,evolving man's activity on earth limitations which define the carrying capacity of the California Coastal Zone Conservation Com- produced almost no affect on the quality of our globe". mission (CCZCC) has. It is therefore, extremely First, the proponents; their fondest hopes are 10 difficult for anyone to offer an unbiased evalua 3 being realized. They believed the law would give NofE.m Etl'"'� GEEES E�w SOUTN COAST _ Ids 20 :d-::`: �+ The problem of physical environment and the PLAN MAP F—G JD�FY C'� m need for environmental concern is not only that 2 ��mmM„.. •�-� ;LOSANGELES A beautiful areas such as the California Coastline be ems • ONANGE COUNTIES �� x �'� �_., � �M ._ ..•. preserved and made available for man's enjoy- 3 `®--� �It2TN12AT� POfff'ULA7 ment, important and desirable as this is. We are ��. 7 ; faced with a necessity far greater than preserva- E _ 4n � ��� 9 �� III IAtl t7EA tion of specific .areas and the improvement of 6 development methods and products. We are faced l 5 �; g _- `�» ;\12�� with the necessity — within limited time — to `� •r— • = 5Ei2VICE change prevailing attitudes governing our use of • ¢ a —�°•�-- .�._.-_ _m T FtRCAPITA all resources, including air and water and certainly s CAPITA of land. P=' Lr _[-_ � �bF • MM•- �n- .• °.�° �"- ..'r• The GOAL — enjoyable, continuous survival of PLAN Y .e E • IA `• `.�.� -"� . - m-��. ►ND ZLAIL MAN on EARTH will only be completely attain OUTPUT Z ed through a universally accepted sense of fitness L�1 G4PITA f�WTION NA. ;;r�..ro;11T"11PEAT1•IN,a• 5°•I• ,°z5G,°°° ' • (fitting together) between man and this planet �` ' ' . 1°Ioo gq 75 21Gb BONE OF iN[vux wun[s. which has, thus far, supported his evolution. AI- though this same sense would add immeasurably Wishing to encourage excellence in design of public open space, and providing for public access, as to man's rich enjoyment of human experience, it and private structures, the future coastal agency well as impact on shadows, glare and wind pat- is far from universally held today. In the mean- will will establish design awards for development terns. Alternative heating and cooling systems will me, how can reasonable and constructive steps "that effectively relates to its coastal location be evaluated in terms of energy conservation and The "Standard" World Model run assumes no time, identified? through a sensitive use of form, color, material, life-cycle operating costs. major change in the physical, economic, or social texture, and layout, and to community beautifi- relationships. Variables follow historical values Since the present direction of development of the cation projects that restore and enhance the visual • • from 1900 to 1970. Food availability, industrial man made environment is pointed away from the assets of the coast." Off-premise commercial signs should e removed output and population row exponentially until after a reasonable amortization period; on- g p y possibility of survival, a standard for evaluation the rapidly diminishing resource base forces a becomes the degree to which any environmental premise signs should be designed as an integral slowdown in industrial growth. Pollution and effort is effective toward achieving a turn-around. Whatever the development, there should be mini- 9 g part of the structure and limited to identification mum alteration of the natural landscape by cut- and information purposes only. population continue to grow for sometime. Pop- The change in direction will have to be at least ting, filling or grading: the topography should be. ulation growth is halted by a rise in death rate 90' and efforts to overcome the accelerating restored to as close to its natural contours as due to decreased food availability and medical momentum in the present direction must be possible and landscaped with indigenous plants. The coastal viewshed is a great visual resource services. Runs improving assumptions in separate strongly exerted at a full 180' if the goal of deserving protection and enhancement for the variables produced even more drastic results. Only survival is to be achieved. Many preliminary steps Over-all design plans showing the impact of new enjoyment of this and future generations. The across the board stabilization at maintainable must be taken. Many attitudes must change. A large-scale projects on the surrounding neighbor- Plan recommends that all new development be levels can produce the equilibrium to provide for slowing down is necessary for a change in direc- hoods will be required. Siting considerations in- sensitive to the coast's scenic values and protec- a high quality of human existence far into the tion. My hope is that we can slow just enough — clude maximizing views of the ocean, creating tive of its natural features. future. and make a turn with sufficient radius to avoid 2 11 immediate disaster, but tight and fast enough to INTRODUCTION: accommodate the great recreational need of avoid ultimate ruin. THE COASTAL COMMISSION Californiansand tourists. It is unreasonable to expect that a geographically AND COASTAL PLAN • General commercial complexes organized into multi-use clusters served by mass transit,- strip isolated action — the design of a sub-division, or In November, 1972,a citizen initiative,Proposition commercial development along coastal roads even the creation of the Coastal Commission —will 20, qualified for the ballot — by gathering over prohibited. produce a major effect in a global context. It is not 500,000 signatures — and was voted into law by . Well-landscaped industrial development located unreasonable to consider the merits of ANY action 55% of the electorate. The initiative was aimed at in appropriately zoned urban areas. in relationship to the goal of survival.The question protecting remaining natural and scenic resources • Downtowns and blighted coastal neighborhoods which must now be asked is —does the effort being of California's 1,072 mile coastline. People had renewed and refurbished. evaluated contribute to the acceleration of the recognized two apparent trends along the coast: • More power plants, if shown to bea clear public presentwastefulandpolluteddirection —or does it • piecemeal development was consuming land, need, incorporating the best "state-of-the-art" help to begin the turn toward survival?The cumula- water, and air resources at a wasteful pace, and an technology to mitigate environmental damage. tive effect of many separate actions will decide the unregulated housing market was turning the coast • Prime agricultural and timber land preserved via outcome. Time is not on our side. If we wait very into an exclusive enclave for the rich.Seven coastal a series of innovative tax programs and a prohibi- long, disruption — heralding the beginnings of col- commissions were created to regulate development tion against lot splits resulting in uneconomic- lapse — will eventually wrest decision making from within 1,000 yards of the mean high tide and three ally-sized parcels. our-hands. miles out to sea via a permit system.They were also . Protected natural vegetation, wildlife habitat The policy statement from the Coastal Initiative charged with writing a comprehensive plan for the and coastal streams within remaining water- (Proposition 20) expresses intent toward begin- management of remaining coastal resources. sheds. ning the turn — at least so far as the California After undergoing dozens of public hearings state- • All new development designed r l s compatible Coastline is concerned. The PreliminaryCoastal in color and design with its natural surroundings wide the final California coastal plan has been or with the architectural scale of the com- Plan recognizes that " — no society can long sur- adopted. It will be forwarded to the Governor and dissipates its resources reckless) munity. vive if it dissi P Y —��� State Legislature by December 1975 for enactment Still, in neither is there a clear statement that at into law during 1976. • • Good quality design, especially in what the Plan some point there must bean end to "growth" and that a balance with nature must be found and The Coastal Plan envisions a coast that will include calls the "coastal viewshedh is a major goal. The maintained. Until this realization is a basic part of these features: "viewshed" is that part of the coast seen from the sea, shoreline, and from major coastal highways the logic influencing all decisions, many good • Urban and rural communities clearly demarcat- and roads. intentions will produce destructive results. We ill continue to condemn, if not ourselves, cer- ed from open space and agricultural land. will generations of our descendants very soon • New residential development channeled into General design standards are recommended, but to be born. high-intensity clusters in urban areas where pub- working them out is left to local communities he services already exist, and into planned, which should adopt Design Elements within their clustered communities in rural areas. general land-use plans(and appropriate ordinances) Mr. Murton H. Willson is a registered architect, in • Commercial-recreational development — hotels, and to local design review boards composed of private practice, Past-President O.C.C.A.I.A. and motels, restaurants, inns, trailer parks, camp- qualified citizens and professionals who are famil- Chairman Environmental Committee O.C.C.A.I.A. grounds — located in appropriate locations to iar with community taste. 12 .1 1976 OFFICERS TABLE OF CONTENTS SPONSORS CONSOLIDATED REPRODUCTIONS Knowlton Fernald Jr. . President AMERITONE COLOR KEY PAINTS 560 W. First Street . . . . . . . Introduction — The Coastal Commission P. 0. Box 190 Tustin,Ca.92680 Joseph L. Woollett . . . . . . . . . . . . . Vice President and Coastal Plan . . . . . . . . . . . . . . . . . . . . . . . 1 Long Beach,Ca.90801 Phil Siegel —714/838-2855 Randy D. Bosch . . . . . . . . . . . . . . . . . . . Secretary 213/636-9343 and 714/521-7490 Ronald W. Yeo . . . . . . . . . . . . . . . . . . . . Treasurer The Promised Rose Garden is CONSTRUCTION SPECIFICATIONS INSTITUTE, ` Alice Farano . . . . . . . . . . . . . . Executive Secretary Producing the Same Old Weeds . . . . . . . . . . . 3 ANAHEIM BUILDERS SUPPLY ORANGE COUNTY CHAPTER Goldie Joseph 1635 S. State College Blvd. P. 0. Box 10022 DIRECTORS • . Anaheim,Ca.92806 Santa Ana,Ca.92711 In Support of the Plan . . . . . . . . . . . . . . . . . . 6 Don Rapp—714/634-4521 William J. Sharp, President—714/673-0300 Fred M. Briggs Robert I. Hench Rochelle Braly ARCHITECTURAL ART DEL PISO TILE COMPANY Sotiros P. Grillias Cles T. Wiseman 1244 E.Trenton Avenue 1637 S.State College Eric S. Lassen A Standard for Evaluation . . . . . . . . . . . . . . . 10 Orange,Ca.92667 Anaheim,Ca.92806 Murton H. Willson A.I.A. Tony Novak —714/532-2469 Tele: 714/634-4676 JOURNAL COMMITTEE BUTLER-JOHNSON CORPORATION THE FLINTCOTE COMPANY Paul J. Ruffing . . . . . . . . . . . . . . . . . . . . Chairman Olympic Stain—Dupont Corian Architectural Sales 7333 Adams Street 5500 S. Alameda William McCulloch . . . . . . . . . . . . . . Co Chairman Paramount,Ca. Vernon,Ca.90051 Frederick W. I Ig, Jr. . . . . . . . . . . . . . Co-Chairman Diane Ciancuilli —213/531-9280 Dave Grove—714/523-4760 Alan K. Miller . . . . . . . . . . . . . . . . . Co-Chairman John F. Harris . . . . . . . . . . . . . . . . . . . . . .Sponsors THE CELOTEX CORP.,ACOUSTI DEPT. FORMICA CORPORATION 1633 N. San Pablo Street 17401 Irvine, No. E The Orange County Chapter's publication is a non- Los Angeles,Ca.90033 Tustin,Ca.92680 profit activity of the local chapter of the AIA,4000 • • Robert E. Ragland —213/221-1101 Dick Belcher—714/838-4515 Westerly Place, Newport Beach, California 92660. Views and opinions expressed in this publication do CERAMIC TILE INSTITUTE INTERPACE CORPORATION not necessarily constitute endorsement by the 700 No. Virgil,Suite 100 1731 So. Clementine Street Orange County Chapter AIA or its sponsors. Los Angeles,Ca. 90029 Anaheim,Ca.92802 Rep: George N. Lavenberg, FCSI Rep: Robert Taylor—714/956-5920 Tele: 213/660-1911 The Journal is distributed free of charge to govern- KAMMEYER & LYNCH mental agencies, legislators, architects, engineers, CLAY PUBLICOM Landscape Architects libraries, lenders, contractors and other members of 17671 Irvine Blvd. 2070 Business Center Drive the construction industry. Tustin,Ca.92680 Irvine,Ca.92664 Bob Clay—714/838-9360 Tele: 714/752-8161 Sponsors contribute $25/issue ($100/year) and are listed in each issue. Phone (714) 833-0973 for additional information. 13 LAMIN-ART— LAMINATED PLASTICS PEARTREE PRESS 6430 E.Saluson Avenue 2418 MacArthur Boulevard Los Angeles,Ca. 90040 Newport Beach,Ca.92660 Bill Landeen —213/728-1276 Rep: Edward W. Druhe—714/644-7955 LUMBER ASSOCIATION OF SOUTHERN CALIFORNIA REPRO II 1915 Beverly Boulevard,Suite 202 260 Newport Center Drive Los Angeles,Ca.90057 Newport Beach,Ca.92660 Rep: Wayne Gardner—213/483-6450 Jeff Di Paolo—714/640-0791 MASONRY TRADE PROMOTION OF ORANGE COUNTY L. M. SCOFIELD COMPANY 521 Bank of America Tower,The City Centre 5511 East Slauson Avenue Orange,Ca. 92668 Los Angeles,Ca.90040 • • Edward C. Meeker,Manager—714/547-4451 213/723-5285 Colors and Specialties for Concrete MASTER BUILDERS 9776 Katella,Suite J THE SHERWIN-WILLIAMS CO. Anaheim,Ca.92804 P. 0. Box 30239—Terminal Annex Al Pickering—714/539-7767 Los Angeles,Ca.90030 Pat Meissner,Architectural Consultant METCALF ASSOCIATES—ARCHITECTURAL SYSTEMS 213/268-4131 South Coast Shipyard & Design Center 2234 Newport Boulevard SINCLAIR PAINT COMPANY Newport Beach,Ca.92660 3960 E.Washington Boulevard 714/673-4010 Los Angeles,Ca. 90023 Gordon Rushforth,CSI —213/268-2511 ORANGE COUNTY CHAPTER NATIONAL ELECTRICAL CONTRACTORS SOUTHERN CALIFORNIA CHAPTER ASSOCIATION, INC. THE PRODUCERS'COUNCIL P.0. Box 11176 1052 W. Sixth Street,Suite 334 • • Santa Ana,Ca. 92711 Los Angeles,Ca. 90017 Stephen E. Brown—714/835-1311 2131481-0060 ORCO BLOCK CO. WILSON ART DIVISION of 8042 Katella RALPH WILSON PLASTICS COMPANY ORANGE COUNTY CHAPTER Stanton,Ca.90680 13911 East Gannet Street THE AMERICAN INSTITUTE OF ARCHITECTS Jerry Moore—714/527-2239 Santa Fe Springs,Ca.90670 Bob Ashbrook —714/523-1200 or 213/921-7426 PARKWOOD LAMINATES, INC. JANUARY 1976 JOURNAL 13856 Bettencourt Cerritos,Ca.90701 Richard B. Lowe, Manager—Western Region 714/523-1244 14 I fN1 Ted If.' Bartlett oul IV410, 041 11tuitington Beach/City Ilall P. 0, Box 190 Mmtington Beach, Calif, 92648 l POWERS , FUNDING AND GOVERNMENT r PRELIMINARY DRAFT FOR DISCUSSION NOT APPROVED SOUTH COAST REGIONAL COMMISSION CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION C�- 2. POWERS, FUNDING AND GOVERNMENT FOR THE SOUTH COAST REGION Draft Regional Element I% of the California Coastal Zone Conservation Plan Compiled by Staff of the South Coast Regional Commission 666 East Ocean Boulevard, Suite 3107 P.O. Box 1450 Long Beach, CA 90801 PRELIMINARY DRAFT FOR DISCUSSION NOT APPROVED November 14, 1974 SOUTH COAST REGIONAL COMMISSION Donald B. Bright, Ph.D. , Chairman Ralph A. Diedrich Rimmon C. Fay, Ph.D. James A. Hayes Arthur J. Holmes ------------------- Louis R. Nowell Donald W. Phillips Robert F. Rooney, Ph.D. Judy Rosener Russ Rubley, Vice Chairman Carmen Warschaw Donald E. Wilson, Ph.D. M''�J. Carpenter, Executive Director David N. Smith, Chief Planner Dennis A. Antenore, Special Consultant TABLE .OF CONTENTS PREFACE Page RECOMMENDATIONS RESPONSIBILITY FOR COASTAL ZONE PLAN IMPLEMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GEOGRAPHICAL JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . 5 PERMIT AUTHORITY/SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . 9 APPROVAL AND CERTIFICATION. OF LOCAL LAND USE PROGRAMS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ADMINISTRATION AND ENFORCEMENT OF LOCAL LANDUSE PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 19 PLANAMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 COASTAL RESTORATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 WILLIAMSON ACT AMENDMENTS 29 PUBLIC PARTICIPATION 31 PRESCRIPTIVE RIGHTS TO BEACH ACCESS AND USAGE .. . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 a . PREFACE The Powers, Funding and Government Element is the last of nine elements being prepared as part of the Coastal Zone Plan of the South Coast Region. The California .Coastal Zone Conservation Act Hof 197:2:. (Proposition 20) specifically.-charges the"Coastal Commission with the responsibility to prepare ". . * a comprehensive, coor- dinated, enforceable plan for the orderly, long-range conser- vation .and management of the natural resources of the coastal zone . . . ". This element is crucial since it is the sole ele- ment dealing with the enforceability issue. Because of the proposal to establish an additional governmental agency and the considerable financial costs necessary to admin- ister, enforce, and otherwise carry out the provisions of the. Coastal Plan, and because of the considerable amount of imple- mentation authority proposed for local governments it is essen- tial that the Commission be provided with full input and criti- cism from affected governmental agencies, special interest groups and the general public. Please circulate this document among your associates so that the Commission will be able to benefit from a broad range of ideas and philosophies. On Monday, December 16, 1974 at 9 :30 a.m. a public hear- ing on the Powers, Funding and Government Element will be held at the Long Beach Harbor Department Administration- Building, Board Room, , 6th floor, 925 Harbor Plaza Drive, Long Beach. The Commission invites your participation in the hearing process either by-;appearance at the public hearing or by the submission of written comments. It is suggested that all verbal presentations be complemented with written ma— terial. Written material, in order to be evaluated prior to the hearing, should be received by Dennis Antenore not later than December , 1974; however, written comments will be ac— cepted throughout the hearing process. T .. RECOMMENDATIONS RESPONSIBILITY FOR COASTAL ZONE PLAN IMPLEMENTATION Recommendation I A successor agency should be established to focus responsi bility for developing and implementing. long-range coastal zone policy;in a forum reflecting statewide..concerns.. - At the same time,. a continuing. role_ for local government and for existing state agencies. should be recognized. Recommendation II Primary, responsibility for, implementation should be .assigned to .a single .state coastal zone .conservation commission to ensure that .continuing statewide .interests. in coastal zone conservation and ,.development are. _protected. Recommendation III The existing regional commission structure should be main— tained for a limited period of time (4 or 5 years) to facil - tate and ensure the optimum transfer of responsibility for Coastal Zone Plan ,implementation _,to local governments . .consis tent. with continuing statewide concerns, while. maximizing .. citizen participation in coastal zone .planning .and monitor ing and enforcement of plan policie.s..- Recommendation IV The membership formula of the state commission should be modified to reflect its permanent nature - and the eventual dissolution of the regional commission structure. It should 1 be composed of nine members representing the public an who should serve for, fixed four year staggered terms. No member : should be appointed to serve more than two consecutive terms, including any abbreviated term required by the staggered term-system. No member of the state commission should be _ a member of any regional commission, or an elected official of any -local government. An equal number of members should be selected or appointed by the Governor, the Senate Rules Committee and the Speaker of the Assembly, respectively. Recommendation V The membership formula of the regional commissions should 'be modified to reflect the eventual transfer of responsibility - for coastal plan implementation to local governments and the state commission. Each should be composed of one supervisor from each county in the respective region with an additional six public members selected according to the formula set forth above for- the state commission public members. Recommendation VI Each public member of the commission or regional commission should be a person who, as a result of his or her experience and attainments, is exceptionally well qualified to analyze _ and interpret environmental trends and information, to appraise resource uses in light of the policies set forth in the Coastal Plan, and to be responsive to the scientific, social, esthetic, recreational, and cultural needs of the state. The public membership of the commission should include 2 representation of inner-city residents outside of the imme- diate coastal zone. Recommendation VII The current state commission should submit, at least three months prior to the appointment of the new commissions, a suggested list of nominees meeting the qualifications set forth in Recommendation VI to the appointing agencies, from which each may make its appointments. By regulation a formal mechanism should be established to encourage public input and participation into the process of suggesting and selecting such nominees. Recommendation VIII All members of the commissions should be subject to the pro- visions of the California Conflict of Interest Act, including those provisions relating to mandatory public disclosure of significant financial interests. 3 GEOGRAPHICAL JURISDICTION Recommendation IX The geographical jurisdiction of the successor agency should consist of two contiguous zones defined as follows: A. Critical Coastal Resource Zone . The Critical Coastal Resource Zone is that area of the State of California extending from its northern border with the State of Oregon to its southern border with the Republic of Mexico, extending sea- ward from the -mean high tide of the Pacific Ocean to the limit of the State's jurisdiction, including all islands and other offshore lands within ,or sub- ject to the jurisdiction of the State, and extend- ing inland from the mean high tide of the Pacific Ocean a distance not less than to the nearest vege- tation line or 100 feet, whichever is greatest, but in no instance greater than. 1,000 yards, except where coastal bodies of water are subject to tidal action or seawater intrusion (.estuaries, bays, inlets, lagoons, sloughs). In such cases, the zone shall be extended inland to encompass the entire body of water. and up to 100_ additional yards of shoreline bordering the water. Where a signifi- cant area of open space lies partially within the critical Coastal Resource Zone, the boundary of such zone may be extended inland to encompass the 5 entire area of open space, notwithstanding the fact that it extends further inland than 1,000 yards from the mean high tide of the Pacific Ocean. The Critical Coastal Resource Zone should be designated with specificity in the Coastal Zone Plan within the geographical limitations set forth hereinabove and shall include as a minimum all coastal waters (including the lands therein and thereunder), and the adjacent shorelands (in- cluding the waters therein and thereunder), strongly influenced by each other and in proximity to the shoreline, including transitional and intertidal areas, salt marshes, and beaches. The zone shall extend inland from the shoreline only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on coastal waters. B. Coastal Management Zone The Coastal Management Zone may extend inland from the landward boundary of the Critical Coastal Re- source -Zone up ;to and including the inland boundary of the Planning Area as defined in the California Coastal Zone Conservation Act of 19721' but in no case shall .extend beyond said boundary, except 6 where- the Critical Coastal Resource Zone so ex— tends.. Within the geographical limits set forth hereinabove the zone shall include all areas designated by the Coastal: Zone Plan as . including significant. coastally related- resources .and such areas.,.,designated by said plan, the development or further. development of which would have a signif— icant environmental impact .on said coastally re- lated- resources. Recommendation X The precise delineation of the Geographic Boundaries of the two zones to be managed as the "California Coastal Zone' should be defined and mapped in the Coastal- Zone Plan, after provision for adequate public notice and hearing, for sub— mission to the Legislature for its approval and adoption. After appropriate public hearing, the successor agency should have authority to recommend changes in such boundaries to the Legislature for its approval,- and adoption. . . Recommendation XI Notwithstanding the geographical limitations set forth. above the successor agency should have limited jurisdiction over certain major projects inland of the management zone, - if the , - agency finds, after notice and public hearing that such pro— ject may have a direct and adverse environmental impact upon Coastal Resources as defined in the Coastal Zone Plan. These 7 projects should include, but- not be limited to: " A) any project on a river or stream which empties into the Pacific Ocean that would affect 'the diversion of water, the supply of sand to coastal beaches, or the spawning- areas of fish that spend part of the year in coastal waters, B) Construc— tion or expansion- of sewage treatment plants where discharges of wastes would enter coastal streams or coastal-waters; C) Construction or expansion of water supply facilities where part of the service area is within the coastal zone; D) Dams, flood control projects, water diversion projects, sand and gravel mining operations, major grading projects, and logging of major vegetation or any other project which would significantly affect rivers or streams flowing into the Pacific Ocean; and E) the construction, widening, or other upgrading of highways, roads, or other major transpor— tation facilities that terminate in or pass through the coastal zone. With respect to all such projects, the appropriate govern— mental body will file copies of environmental impact reports with the successor agency. If the successor agency finds, after full public hearing, that such project will have a significant adverse environ— mental impact on coastal resources, the agency should have authority to place reasonable terms and conditions on the construction of such project to mitigate such adverse effects. i PERMIT AUTHORITY/SCOPE Recommendation XII The basic permit system established by the California Coastal Zone Conservation Act of 1972 should continue in both the Critical Resource Zone and the Coastal Management Zone until final approval of appropriate Local Land Use Programs as provided in Recommendations IXX-XXIII. All activities requiring . permits under the Coastal Zone Conservation Act of 1972 should- continue to require permits. The following additional activities should also require per- mits: A. Activities directly undertaken by any public agency. B. Activities undertaken by a person which are sup- ported in whole or in part through contracts, grants, subsidies, loans, or other forms of assis- tance from one or more public agencies. C. Activities involving the issuance to a person of a lease, permit, license, certificate, or entitle- ment for use by one or more public agencies. D. Mergers of residential units into a smaller number of units. E. Acquisition or sale -of land or interests in land by public agencies that is likely to result in a 9 change in use or intensity of use of such land or which is likely to result in the creation of a public facility, such as a park, marina, beach, sewage treatment plant, road, or other facility to ` serve a public purpose. F. Changes .in the boundaries of any local agency or formations or dissolutions of local agencies and formations of improvement districts and other tax— ing jurisdictions which would affect the provision of any service to a coastal area or a change in the use or intensity of use of any coastal area. G. Any zone changes, variances, or conditional use permits. Recommendation XIII The appeal procedure should be modified to provide that any aggrieved person or any Commissioner of the State Commission have standing to appeal the decision of any regional commis— sion regarding any _permit application. The State Commission, in addition to the power to affirm, reverse, or modify a Regional Commission decision upon appeal, should have the ability to remand to the Regional Commission for further - review. Recommendation XIV To ensure consistent interpretation of the Coastal Plan, the State Commission should be authorized to adopt regulations interpreting and applying the Plan. 10 Recommendation XV Because of the significant cumulative impact that individual projects can have and because the cumulative impact is often uncertain when an individual' project is reviewed in isolation from other critical development factors, the commissions should be authorized to delay, for a reasonable period, consideration of permit applications for individual projects where it finds that several individual projects subject to separate applications are related and should be considered in terms of their cumulative impact. . The. commissions should also be authorized to require the con- solidation of-hearings and the consideration of such appli- cations at one time. In addition the commissions should be authorized to designate specific communities, areas, or cities within which revisions in local plans or regulations are required before the commissions can provide adequate consideration of individual applications and to delay con-. sideration of permit requests until the completion and sub- mission of revised plans and regulations. Recommendation XVI The successor agency should be authorized to deny the granting of .a permit for a development proposed for a particular site, where it finds that such site has. a particularly high poten- tial for public recreation. Such denial should be authorized for a reasonable period of time, not to exceed three years. 11 Recommendation XVII To minimize hardship upon an applicant arising from poten- tial conflicts between Coastal Commission permit standards and local building permit standards, legislation should be adopted requiring that local building permits not be issued within the coastal zone until the applicant has presented evidence that he has received an exemption or a permit from the commissions and that the building permit would be con- sistent with any valid conditions imposed. Building permits issued without such -evidence should be void. The applicant should be encouraged to obtain, and local governments encour- aged to consider, granting an approval-in-concept prior to applying for a coastal permit. Recommendation XVIII The successor agency should carry on a thorough program for monitoring permit compliance and should vigorously en- force permit conditions. Staffing should be adequate to maintain such programs at a level so that potential violators are deterred and no coastal resources are irretrievably lost. The agency should be empowered to .issue administrative cease and desist orders to halt existing violations and to prevent threatened "violations. The Attorney General should continue to represent the successor agency, at its request, in any judicial proceeding_ arising out of the Coastal Act. 12 APPROVAL AND CERTIFICATION OF LOCAL LAND USE PROGRAMS Recommendation IXX Legislation should be enacted mandating each local govern- ment with jurisdiction in the Coastal Management Zone to • submit to the successor agency, within three years after its creation, a local land use program designed to permit the transfer of responsibility for coastal plan implementa- tion to such local government The successor agency should also be authorized to review and approve, at its sole option, any local land use program proposed by a local government and formally submitted by the legislative body of the local government for approval for any area designated by the agency within the Critical Coastal Resource Zone. Within a period of lk days after such submission, or such longer period as may be agreed upon in writing by the agency and the local government, the agency should review the local land use pro- gram and approve or disapprove it, or approve it subject to conditions. The agency should be required to approve the local land use program if the agency, after notice and full public hearing, determines that such program meets the re- quirements set forth in Recommendation XX. If the agency fails to take final action on the local land use program within such 180 day or longer period agreed upon, the local land use program shall be deemed approved by the agency and the agency shall, upon request of legislative body of the local government, issue a certificate to such effect. All �3 amendment's to an approved local land use program shall be subject to approval as provided herein for approval of the initial local land use program. Recommendation XX . The successor agency should be required to approve a local land use program if the agency determines that such program meets the following criteria: A. It is in furtherance and supportive .of the Coastal Plan and; B. It is compatible with the character, purposes, . policies, and objectives of the Coastal Plan, and in regard to .such maps as may be adopted under the Coastal Plan compatible with such plan maps and; C. The General Plan' of' the local government is in conformity to and compatible with the Coastal Plan; and D. It contains a specific or special area plan which includes all detailed regulations, conditions, pro- grams and proposed legislation which is necessary for the systematic implementation of each element of the general plan, including, but "not limited to, regulations, conditions, programs and proposed _ legislation in regard to the following: 14 1. The location of housing, business, industry, open space, agriculture, recreation facilities, educational facilities, churches and related religious facilities, public buildings and grounds, solid and liquid waste disposal facili- ties, together with regulations establishing height, bulk, and setback limits for such build- ings and facilities, including to the loca- tion bf areas, such as flood plains or exces- sively steep or unstable terrain, where no building will be permitted in the absence of adequate precautionary measures being taken to reduce the level of risk to that comparable with adjoining and surrounding areas. 2. The location and extent of existing or pro- posed streets and roads,- their names and num- bers, the tentative proposed widths with refer- ence to prospective standards for their con- struction and maintenance, and the location and standards of construction, maintainance . and use of all other transportation facilities, whether public or private. 3. Standards for population density and building density, including lot size, permissible types of construction, and provisions for water supply, 15 sewage disposal, storm water drainage and the disposal of solid waste. � . Standards for the conservation, development, and utilization of natural resources, includ- ing underground and surface waters, forests, vegetation and soils, rivers, creeks, and streams, and fish and wildlife resources. Such standards shall include, where appli- cable, procedures for flood control, for pre- vention and control of pollution of rivers, streams, creeks, and other waters, regula- tion of land use in stream channels and other areas which may have a significant effect on fish, wildlife and other natural resources of the area, the prevention, control and correction of soil erosion caused by sub- division roads or any other sources, and the protection of watershed areas. 5. The implementation of the Appearance and Design Element of the Coastal Plan. E. It contains adequate authority and provision for its administration and enforcement by the local government, including, authority to regulate any pre-existing land use or development, or any filed tentative subdivision map. The source of such i 16 authority shall be the charter of such local govern- ment, where applicable, or any applicable State enabling law; and F. It contains authority, in connection with permits the local government issues, to require restric- tion of land against further development, whether by deed restriction, restrictive covenent or other similar appropriate means, to ensure that the density and intensity provisions of the local land use .pro- gram shall be respected, and; G. It contains authority, to the extent otherwise authorized by law, to impose reasonable require- ments .and conditions to ensure that the approved project will be adequately supported by services and improvements made necessary by such project and to ensure that such project shall be completed in accordance with the terms and conditions of the approval. Recommendation XXI The successor agency should, in its review of local land use programs, consult with appropriate public agencies, and should provide opportunity for appropriate county and re- gional planning agencies as well as the general public to review and comment on such programs. 17 Recommendation XXII The successor agency should encourage and assist local governments in the preparation of local land use programs, including the provision of data, technical assistance and ` model provisions. Such model provisions should be made available by the ,agency as soon as possible after the effec- tive date of the adoption of the Coastal Zone Plan. Recommendation XXIII Adequate funding should be made available to the successor agency to enable it to provide planning grants to affected local governments to assist them in the preparation of local land use programs. i 1$ ADMINISTRATION AND ENFORCEMENT OF LOCAL LAND USE PROGRAMS Recommendation XXIV Local land use programs that have been approved by the agency and validly enacted or adopted by the local government should be administered and enforced by the local government as pro- vided for in such approved programs. Recommendation XXV Upon receipt of any application for a project requiring more than ministerial action under the approved local land use pro- gram, or any application requiring a public hearing, the local government body or officer having jurisdiction thereof should give written notice thereof to the agency, together with such pertinent information as the agency may deem necessary. The agency should have standing to participate as a party in the local review of such project, including any public hearing thereon, and to have issuance of a permit or other authoriza- tion reviewed by a court of competent jurisdiction and to bring proceedings to have any undertaken pursuant to such per- mit or authorization restrained, enjoined, corrected, or abated. Recommendation XXVI Upon receipt of an application for a variance from any pro- vision of an approved local land use program, the local gov- ernment body or officer having jurisdiction thereof shall give written notice thereof to agency together with such pertinent information as the agency may deem necessary. If such variance 19 is granted, it shall not take effect for 60 days. If, within such 60-day period the agency determines that such variance was not based upon sufficient evidence of practical diffi- culties or unnecessary hardships, the agency may reverse the local determination to permit the variance. Recommendation XXVII The agency should be empowered to revoke its approval of a local land use program, when after full public hearing the agency determines that the local government body or officer having jurisdiction has repeatedly or frequently failed or refused, after due notice and requests from the agency, and with such body or officer having had full opportunity to be heard on all issues involved, to administer or enforce the approved local land use program or of the Coastal Plan. Not earlier than one year after revocation, or such earlier time as may be mutually agreed to, the legislative. body may re- submit its local land use program, or any amended version thereof, to the agency for approval as provided hereinabove. 20 PLAN AMENDMENT Recommendation XXVIII The State Commission should have the authority to amend the coastal plan policies or maps upon the affirmative vote of 2/3 of its members after full public hearing. In cases in- volving changes in the overall geographical jurisdiction of the agency, the agency should submit such changes to the legislature for its approval. There should be full public notice of a proposed change 90 days prior to adoption. 21 COASTAL RESTORATION Recommendation XXIX The State Commission shall annually submit to the Governor and the Legislature the. "Coastline Acquisition and Restora- tion Report." The report shall contain a concise statement of those areas which should be acquired for public recrea- tion as well as for restoration to natural status under the acquisition authority of existing state agencies. The report shall be developed in cooperation with all interested groups and individuals and with affected State and local agencies, and after due consideration of recommendations from regional commissions. In addition the report should contain a rea- sonable estimate of the costs of acquisition as well as res- toration activities which may be required. The acquisition program shall be arranged with priorities. clearly listed and shall contain full supporting information. justifying the area to be acquired or restored, together with the reasons for the priority assigned to each recommendation. Recommendation XXX The first annual report shall include a tentative three and and restoration. five-year program of coastal acquisitioE/ Each year there- after the three and five-year programs shall be updated and data should be included on the progress of the programs. _ Recommendation XXXI The State Commission shall submit together with its annual report its recommendations to the Legislature for legislation, 23 including modifications to existing law, needed to'_fully im- plement the Coastal Plan. The recommendations shall include a review of those powers and functions of existing state agen- cies needing modification or augmentation to implement the Coastal Plan. To enable the Commission to perform this func- tion each state agency with jurisdiction in the Coastal Zone should be mandated to submit annual reports to the commission detailing its plans and programs for Coastal Plan implementa- tion, together with suggested enabling legislation including a suggested budget. Recommendation XXXII The Commission shall submit its annual legislative recommen- dation to the Secretary of the Resources Agency at least 60 days prior to transmittal to the Governor and Legislature. The Secretary shall solicit the comments in writing of the affected. entities within the Resources Agency. " These com- ments shall be attached to the annual report together with whatever comment the 'Commission may wish to make upon the Resources Agency material. The Governor should include in the budget request for each Department of the Resources Agency sufficient monies to- enable them to comply with their obliga- tions as stated in this recommendation. Recommendation XXXIII The Legislature should mandate the existing state agencies affected to carry out those aspects of the acquisition and restoration program that it approves and adopts. 24 Recommendation XXXIV The enabling legislation should provide that only the Annual Report shall constitute the formal recommendation for acquisi- tion of any property, and that the three and five-year plans are general planning documents and should not be construed . as final statements of intention to condemn property. Recommendation XXXV In order to provide sufficient funds to finance the coastal acquisition and restoration program a special Coastal Res- toration Fund should be established .to receive revenues as- signed to coastal conservation activities, private gifts, and in-lieu fees required by the Coastal Commission. This fund should be the source of monies for the recommendations contained in the annual report as well as to provide matching funds for local government programs for the purpose of pre- serving open space, new. coastal parks and recreat nal facil- ities, acquisition of public access and view corridors, and restoration of damaged coastal environments. 25 FUNDING Recommendation XXXVI The successor agency should. coordinate California's Coastal Plan with Federal. Coastal Zone Management objectives.. The State Commission should be designated as the single agency to receive and administer grants for implementing the man- agement program provided for in the Federal Coastal Zone Management Act of 1972. Recommendation XXXVII To insure adequate financing for implementation of the Coastal Plan, the State Legislature should appropriate at least $ annually in the immediate future for the con- tinued planning and regulatory function of the successor agency, less whatever is obtained from grants under the Coastal Zone Management Act of 1972 and whatever is collected in permit fees. Recommendation XXXVIII To more equitably distribute the burden of costs of coastal regulation and to raise needed revenues, the State Commission should be authorized to establish, by regulation, a schedule of permit fees sufficient to cover the costs of processing permit applications. The development of low and moderate in- come housing as well as housing for the elderly should be ex- empt from such fees. Recommendation XXXIX To carry out Coastal Plan objectives of maximizing access to 27 the coast for all citizens, where new developments are` pro posed along the immediate shoreline and public access cannot usefully or appropriately be provided .in the same development, developers should be required to contribute fees in lieu of dedications of land or easements for the acquisition of public access in. other areas .. Such fees should be placed in the Coastal. Restoration Fund ' and held exclusively for the acqui- sition of additional public access. Recommendation XL To implement the acquisition and restoration objectives of the Coastal Plan, at least $ should be allocated to the Coastal Restoration Fund. Sources for the fund should include both statewide bond issues and a portion of the rev- enues of the user fees for state facilities in the coastal zone. In addition a small increase in such user fees should be instituted specifically to finance coastal restoration and acquisition activities. 28 WILLIAMSON ACT AMENDMENTS Recommendation XLI To minimize taxing pressures on landowners whose potential for developing land is severely restricted by the implemen- tation of Coastal Plan regulations, and because of intense development pressures placed upon coastal agricultural and open space land resources, new legislation should be enacted to modify the Williamson Act so the State (and within the Coastal Zone, the successor agency) can establish agricul- tural and open space .preserves for . tax treatment similar to land under Williamson Act contracts. 29 i PUBLIC PARTICIPATION Recommendation XLII The successor agency should have staff specifically charged with providing maximum public participation in the actions .. of the agency. The agency should establish a system of -pub- lid notice using all appropriate communications media (in- cluding prominent posting on the affected property) to inform the public of the agency's procedures and activities; assist in obtaining and disseminating information to aid all citizens interested in preserving coastal resources (including an- up- dated library for public use); assist applicants and all in- terested parties in gathering information appropriate for presentations before the agency; draft regulations that pro- vide, among other things, maximum citizen participation during hearings; set the location and time of hearings to be • accessible to most interested persons; and provide opportunity for general public comments and review of agency decisions and procedures at meetings. Recommendation XLIII Access to the courts for review of the successor agency's decisions should be provided as under the current act. Ad- ditionally, the broad standing provisions of the current act should be maintained to permit any agrieved person to bring an action to enjoin violations free of the normally required bond. Recovery of reasonable attorneys' fees should 31 be permitted in those cases in which the citizen has pre- vailed in litigation undertaken to prevent or halt a violation of the coastal plan as adopted by the legislature. Recommendation XLIV To help in. regulatory and planning decisions, and to encourage maximum public participations, the successor agency should" be authorized to establish and fund advisory boards to advise it regarding specific permit applications., as well as on- going planning, and -to refer permit applications to the boards for their review prior to- action. Such a board is called for .in the Appearance and .Design Plan Element. 32 PRESCRIPTIVE RIGHTS "TO BEACH ACCESS AND USAGE Recommendation XLV The successor -agency should be specifically authorized by stat— ute to bring legal actions to enforce the public 's prescriptive rights to beach access and usage. Sufficient staff should be made available to investigate the entire California coast to determine where and to what extent such rights exist and where and. to what extent such rights have been violated. With re— s)ect to new projects that come before the agency for approval, -the agency should be specifically prohibited from trading or bargaining away such public access rights as may have been obtained. In addition, no local land use program should be approved that does not specifically recognize the inviolability of public prescriptive rights to beach access and usage within the local governments' jurisdiction. a . 33 �(Je�come to ti l}THEE CITY� OF !-I:L:INTI`NLGT �' N BEACH,: - �, r_a a aka- �'` ,,itra.+ .".�^{j •, -- ,�.�°?h"c