Few state agencies are as well known to people who live near the ocean as the California Coastal Commission. Homeowners planning a bluff-top remodel, developers proposing a hotel, cities updating their land-use plans and surfers fighting over beach access have all dealt with it. For a region like San Diego, whose identity and economy depend on the coastline, the commission’s decisions can determine what gets built, what stays open to the public and how the shore adapts to rising seas.
Where did the commission come from?
The commission grew out of a citizen movement. In 1972, California voters approved Proposition 20, an initiative that created a temporary coastal commission and gave it authority to review development in the coastal zone for several years while a long-term plan was drawn up. Concerns at the time included uncontrolled development, the loss of public access to beaches and the sense that the coast was being carved into private enclaves.
In 1976, the Legislature passed the California Coastal Act, which made the commission permanent and set out its mission and standards. The act defines a coastal zone along the state’s roughly 1,100-mile shoreline, extending inland by varying distances, and it establishes policies for public access, recreation, marine resources, scenic views, shoreline structures, development and other topics.
Who sits on the commission?
The commission has twelve voting members. Six are public members and six are local elected officials who represent specific coastal regions. The governor, the Senate Rules Committee and the Speaker of the Assembly each appoint four members, two public and two elected officials. Several state officials sit as non-voting members. Commissioners serve at the pleasure of the appointing authority, and they meet monthly in public, rotating the location of meetings among coastal cities, which allows local residents to attend.
A professional staff of planners, scientists and attorneys analyzes applications and writes recommendations. Commissioners usually follow staff recommendations, though not always, and some of the most closely watched votes involve projects where the commission has overruled its own staff.
What does the commission regulate?
Within the coastal zone, most development requires a coastal development permit. The term “development” is broad. It includes building or altering structures, grading, dividing land and changing the intensity of use of land or water, as well as actions that limit public access. Routine permitting in much of the coastal zone is handled locally, and the commission’s role depends on how the area is organized.
The Coastal Act sets priorities that guide decisions. They include:
- Public access. The act directs that maximum access to the coast be provided for all people, and it requires new development to provide access where appropriate.
- Recreation. Coastal areas suited to recreation have priority, including lower-cost visitor and recreational facilities.
- Marine and wetland protection. The commission protects sensitive habitats, wetlands and marine resources.
- Hazards. New development must minimize risks from geologic instability, flooding and erosion, a challenge that grows as sea levels rise.
- Scenic and visual qualities. Development should protect views along the coast.
How do cities like San Diego fit in?
The Coastal Act encourages local governments to take over much of the work through local coastal programs. A city or county prepares a plan and implementing rules for its part of the coastal zone, and the commission reviews and certifies it. Once a program is certified, the local government issues coastal development permits for most projects, and the commission keeps appeal authority over certain decisions, particularly those near the water, on tidelands or in sensitive areas.
The City of San Diego has certified coastal programs for its coastal neighborhoods, and the commission retains permit authority in some areas that are not covered. Projects can therefore involve both local and state reviews, and homeowners and builders often need to understand which applies. For example, an accessory unit proposed in a coastal neighborhood can raise questions that differ from those inland, as noted in the guide to accessory dwelling units.
The Port of San Diego operates under a port master plan that the commission certifies, and changes to it go through the commission, a process described in what the Port manages. The same logic applies to other public agencies with shoreline property, which have their own plans and approvals.
Why is the commission controversial?
Supporters credit the commission with preserving public access and protecting open space that would otherwise have been developed. They point to beaches that remain open to everyone, wetlands that have been restored and development patterns that avoid the worst hazards. Many California residents see the commission as one of the state’s major environmental successes.
Critics argue that the commission adds delay and cost, that its decisions can be unpredictable and that it can second-guess local governments, a concern that has grown as housing costs have risen. Property owners sometimes object to permit conditions, such as requirements for public easements or limits on shoreline protection. Housing advocates have asked how the commission’s role fits with state efforts to speed up housing construction, and the Legislature has considered adjusting the balance in certain cases. Coastal protection and housing production are both state priorities, and where they collide, the debates tend to be intense.
How does sea-level rise change things?
Rising seas are probably the commission’s biggest long-term challenge. Many coastal communities have infrastructure, homes and public beaches that are exposed to erosion and flooding. The commission has adopted guidance for local governments on planning for sea-level rise and has pushed cities to update their local coastal programs to address it. The central questions are whether to protect developed areas with seawalls and other armoring, which can harm beaches, or to let the shoreline retreat, which can require moving buildings and roads, and who pays for either choice.
San Diego’s beaches and bluffs, including those in La Jolla, covered in the guide to the La Jolla Underwater Park, are among the places where those questions are playing out.
What is the coastal trail and public access?
One of the Coastal Act’s most visible legacies is the principle that the shoreline belongs to everyone. The act requires that development not interfere with the public’s right of access to the sea where that right was acquired through use or legislative authorization, and it supports the creation of the California Coastal Trail, a continuous public path along the coast. Property owners who build along the shore are sometimes asked to dedicate an easement or to open a walkway, and disputes over those conditions have reached the courts. For visitors, the result is that most California beaches below the mean high tide line are open to the public, even when private homes line the bluffs above.
How can the public take part?
The commission holds public hearings, and members of the public may speak or submit written comments on agenda items. Staff reports are posted in advance, and anyone can read the recommendation and the conditions proposed. Commissioners are required to disclose private conversations with interested parties about pending items, a rule intended to keep the process transparent. Local coastal programs have their own hearings and comment periods, and residents can often influence a project earlier by participating at the local level.
A person with a specific project or concern can start by looking up whether the property is in the coastal zone, checking with the local planning department and reviewing the local coastal program. Because the rules can be complex, many applicants consult professionals experienced in coastal permitting.
Sources: California Coastal Commission; California Coastal Act; City of San Diego Planning Department; California State Lands Commission
