In October 1972, the United States Congress passed Title 16 U.S.C. 1451-1464, which established a federal coastal zone management policy and created a federal coastal zone. By that legislation, the Congress declared a national interest in the effective management, beneficial use, protection and development of the coastal zone in order to balance the nation’s natural, environmental and aesthetic resource needs with commercial-economic growth.
California Coastal Zone Conservation Act of 1972 (Proposition 20)
Initiative. Creates State Coastal Zone Conservation Commission and six regional commissions. Sets criteria for and requires submission of plan to Legislature for preservation, protection, restoration and enhancement of environment and ecology of coastal zone, as defined. Establishes permit area within coastal zone as the area between the seaward limits of state jurisdiction and 1000 yards landward from the mean high tide line, subject to specified exceptions. Prohibits any development within permit area without permit by state or regional commission. Prescribes standards for issuance or denial of permits.
The California Coastal Act of 1976
The California Coastal Act of 1976 is the permanent enacting law approved by the State legislature. The Coastal Act established a different set of policies, a different boundary line, and different permitting procedures than Proposition 20. Further, it provides for the transfer of permitting authority, with certain limitations reserved for the State, to local governments through adoption and certification of Local Coastal Programs (LCP) by the Coastal Commission.
LCP – Local Coastal Programs
An LCP is defined as “a local government’s land use plans, zoning ordinances, zoning district maps, and, within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of [the Coastal Act] at the local level” (PRC Section 30108.6).
LUP Land Use Plan
The Land Use Plan is defined as “the relevant portion of a local government’s general plan,or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, “where necessary, a listing of implementing actions (PRC Section 30108.5)
Jeremy Rosenberg June 25, 2012
California Environmental Quality Act (CEQA – pronounced “See-Kwa”)
The California Environmental Quality Act (CEQA) was passed in 1970 shortly after the US Federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and, in a departure from NEPA, adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local (public) agency’s decision making process.
Coastal Commission – Resolution of Exemption
The Exemptions allow for the drilling of new oil wells and maintenance and repair of existing wells. Exemption #E-7-27-73-144.
Bolsa Chica Land Trust Supreme Court Decision – 4-16-99
The Supreme Court found that the trial court erred with respect to relocation of the bird habitat. The Coastal Act does not permit destruction of an environmentally sensitive habitat area (ESHA) simply because the destruction is mitigated offsite. Neither residential development in the wetlands nor destruction of the pond is permissible.
City of Newport Beach General Plan (and Amendments)
California Department of Fish and Game (CDFW)
Burrowing Owl population declines continue, primarily caused by habitat loss and control of California ground squirrels and other host burrowers. Concerted conservation actions are needed to maintain viable burrowing owl populations in California and to help prevent the need to list this species under the state or federal endangered species acts.
Orange County Transportation Authority (OCTA) Measure M Habitat Conservation Sites
OCTA seeks to build an inventory of potential habitat conservation sites that may be eligible for future funding through OCTA’s freeway mitigation and resource protection program, which is part of the Renewed Measure M sales and use tax.
Orange County Sanitation District (OCSD) Trunk Sewer Project
The Draft EIR has been prepared to provide information about the potential adverse effects on the local and regional environment associated with the proposed Southwest Costa Mesa Trunk Sewer Project No. 6-19. The proposed project includes construction of a new trunk sewer from the existing Newport Beach Pump Station site at the west end of Walkabout Circle to the Orange County Sanitation District (OCSD) Interplant Line in Brookhurst Street.
United States Fish and Wildlife Service (USFWS) – Letter re Oil Field Operations & Maintenance
Ongoing oil field operations and maintenance with regard to compliance with the Endangered Species Act. Federally listed species include the gnatcatcher, the Sand Diego fairy shrimp and least Bell’s vireo.
Friends of Harbors, Beaches and Parks (FHBP) 8-26-15 Letter to California Coastal Commission
“The project proposes destruction of environmentally sensitive habitat areas, threatened wildlife species, coastal wetlands and vernal pools – that are all considered irreplaceable by the Coastal Act.”
United States Army Corps of Engineers (USACE)
Regional Water Quality Control Board (RWQCB)
Denial without prejudice of Clean Water Act Section 401 Water Quality Standards Certification for Newport Banning Ranch Development project (Regional Board Project No. 302014-15.
California Cultural Resource Preservation Alliance 9-17-15 (CCRPA)
Alliance of American Indian and scientific communities working for the preservation of archaeological sites and other cultural resources. Of the 11 archaeological sites recorded in the Banning Ranch project area, only three have escaped total destruction due to oil field development. Archaeological and ethnographic data suggest that the sites are part of the extensive prehistoric settlement known as Genga.
California Department of Fish and Wildlife (CDFW)
The department concurs with Dr. Jonna Engel’s conclusions that the Property supports high ecological importance and agrees with the ESHA recommendations.
The Green Vision Map