TITLE
Recommendation to adopt resolution allowing for the initiation of a Consolidated Coastal Development Permit process pursuant to Section 30601.3 of the Public Resources Code (Coastal Act) in connection with the rebuild of the Leeway Sailing Center, Pier and Dock located at 5437 East Ocean Boulevard. (District 3)
DISCUSSION
On July 18, 2013, the Planning Commission voted to approve the site plan for the Leeway Sailing Center Project (project). The Planning Commission staff report indicated that the proposed project was within the California Coastal Commission’s (CCC) permit jurisdiction subject to the Coastal Development Permit (CDP). As such, it was determined that a Local Coastal Development Permit was not required. However, pursuant to the City’s Zoning Ordinance, a Site Plan Review approval was required prior to the submittal of a CDP application to the CCC.
Since then, CCC staff has determined that the Leeway Sailing Center is within both the City and State’s jurisdiction. Per the California Coastal Act, the coastal zone is defined as extending seaward to the State’s outer limit of jurisdiction, and extending inland generally 1,000 yards from the mean high tide line (MHTL). The MHTL serves as the delineation between the City’s permitting jurisdiction, subject to the City’s certified Local Coastal Program and appealable to the CCC, and the State’s original jurisdiction where CCC has exclusive permitting authority. Surveys depict that the MHTL at the Leeway site is north of the existing facility and runs perpendicular to the mid-point of the Leeway Pier. Therefore, the proposed Leeway Sailing Center, Pier and Dock rebuild project is subject to two discretionary permitting jurisdictions-the State of California and the City’s appealable area.
This jurisdictional duality would require both the City and the CCC to issue separate Coastal Development Permits for the project, creating potential confusion, inconsistent conditions of approval or mitigation...
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