DOES YOUR PROJECT NEED A COASTAL DEVELOPMENT PERMIT?

What is the California Coastal Act and how do I know if my project will need a Coastal Development Permit (CDP)? We've had the opportunity to work on many projects in the coastal communities of Southern California and this is usually one of the first questions we get from our clients and it is one of the critical items to uncover during our preliminary code research. This is an important determination to make early in the project because it can have huge impacts on project schedule and budget.

WHAT IS THE CALIFORNIA COASTAL ACT?

The California Coastal Act was enacted to protect the ecological balance of the state’s Coastal Zone and prevent its deterioration and destruction. The Act defines the Coastal Zone in general as the area encompassed from the seaward extent of the state, to 1,000 yards inland. In particularly important and generally undeveloped areas where there can be considerable impact on the coastline from inland development, the zone extends to a maximum of five miles inland from mean high tide line. In developed urban areas, the zone can extend less than 1,000 yards inland. You can click on the link for access to the full California Coastal Act. 

Coastal Zone Map from Data Basin

IS MY PROPERTY IN THE COASTAL ZONE?

The quickest way to see if your property is located in a Coastal Zone is to view the California Coastal Zone Map. You can find this online by at the California Coastal Zone Map Data Basin website. This map is very useful and can be considered generally accurate, however our office standard practice has become to call the California Commission directly, provide them with the property address and general description of the project scope followed by a request for written determination whether or not the property is required to get a Coastal Development Permit. 

Because our firm specializes in custom residential architecture, we will address how the Coastal Act applies to these types of projects, there are many other regulations in the act with apply to other building types and scopes of work but for the purposes of this article we will only discuss applications for building ground up residences and remodels to residences. 

GROUND UP SINGLE FAMILY RESIDENTIAL PROJECTS:

Generally speaking single family ground up residential projects will not require a CDP. However the Coastal Act does set for a few specific instances where a CDP permit will be required for this project type. These criteria are based on location. Ground up residential projects located within any of the following areas will generally require a CDP:

• Projects located between the sea and the first through public road paralleling the sea, except in the areas shown on the map entitled “residential exclusion zone,” hereby adopted by reference and considered a part of this section; or

• Projects located within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, or within 300 feet of the top of the seaward face of any coastal bluff, whichever is the greater distance; or

• Projects located on land subject to public trust

• Projects on lots immediately adjacent to the inland extent of any beach, or the mean high tide line where there is no beach

• Projects within 100 feet of any wetland, estuary, or stream

• Projects within a scenic resource area as designated by the Local Coastal Program visual resources maps, or within a special community.

Again, If your project is not located in one of the areas listed above, you will most likely be exempt from a CDP. The code says that if you are located within a zone which is specifically zoned for residential use and where there are urban "service lines" to your property, then in most cases you will not need a CDP.

If you are unsure whether your project will required a CDP, we would suggest speaking with the Coastal Commission directly or hiring an Architect to do a preliminary zoning analysis on your property. 

REMODEL OR IMPROVEMENTS TO SINGLE FAMILY RESIDENTIAL PROJECTS:

Typically the California Coastal Act does not require a Coastal Development Permits for improvements to single family homes. They define improvements as "any modifications that involve remodeling, altering, expanding or reducing an existing single-family residence. However, improvements to an existing single-family residence located within the Coastal Zone where more than 50% of the existing exterior walls of a structure are removed will require approval of a CDP.  In other words, if you are proposing a remodel to your home and want to avoid going through the CDP process, then the plans must show 50% of the original exterior walls being preserved. 

Also, improvements to an existing single-family residence located between the ocean and the first public road, or within 300 feet from the inland extent of any beach, or the mean high tide line of the ocean where there is no beach, whichever is the greater distance, require approval of a CDP, unless exempted below:

• Interior residential remodel projects to an existing legal dwelling unit where no new floor area is added shall be exempt from the requirement for approval of a CDP, unless the proposed work involves improvements within 50 feet of coastal bluffs or other sensitive areas

• Improvements to an existing single-family residence that would result in an increase of less than 10 percent of internal floor area, or in an increase of 10 percent or less in height, of an existing legal structure shall be exempt from the requirement for approval of a CDP, unless the proposed work involves improvements within 50 feet of coastal bluffs or other sensitive areas

WHAT IS AN LCP?

The Coastal Act sets out regulations which allows the Coastal Commission to give approval authority to L.C.P.'s or Local Coastal Programs for projects in the L.C.P's jurisdiction. For example, the City of Laguna Beach Planning Department was given approval authority by the California Coastal Commission to carry out the California Coastal Act within the jurisdiction of Laguna Beach city limits. This is important to understand because it will not be the Commission itself reviewing your project if the property is within a Coastal Zone, it will be the L.C.P. In Laguna Beach this is accomplished through the Design Review Process. 

It is also important to understand that an appeal can be made on the ruling by the L.C.P. This appeal will then need to be reviewed by the Coastal Commission. At the time of this writing, we have seen a significant percentage of projects which gain approval by L.C.P's get appealed to the Coastal Commission. At the date of this writing, we are involved in two projects where there was an appeal on the ruling of the L.C.P to the Coastal Commission and we brining on a land use attorney to represent our clients. 

FINAL THOUGHTS

Our general rule of thumb we use to get an idea if a property is in the Coastal Zone is the following;

For a single family residence, if the property is located more than 300 feet away from the water, not located between the beach and the PCH and is located around a bunch of other houses, then most likely no CDP will be required.

This should only be used as a preliminary rule of thumb and not as a final determination. As suggested above, you always want to view the map, study the language of the Coastal Act carefully as it applies to the specific property and get on a call with the Coastal Commission to discuss the project. 

This is a relatively broad overview of the California Coastal Commission and California Coastal Act and its application to single family new construction and remodels. There are far more regulations set out in the Coastal Act than discussed here. Again if you would like to visit the actual document, click here. Good luck with your project and it you suspect that your property is located within a Coastal Zone, we are happy to help.