COASTAL COMMISSION RECOMMENDATION ON CITY OF SAN CLEMENTE MAJOR AMENDMENT NO. LCP-5-SCL-18-0099-1 (1-18, MAJOR REMODEL DEFINITION) for Commission Meeting of August 13, 2020
Again the CA Coastal Commission is asserting a definition of major Redevelopment/Remodeling “Major Remodel” clearly indicates how to calculate the 50% replacement threshold for purposes of determining when such structures must be considered “redevelopment” or “new” development. Additionally, it indicates that changes to individual major structural components are cumulative over time from January 1,1977, when regulations requiring Coastal Development Permits (CDPs) were implemented. Therefore all major structural alterations or replacements since the Coastal Act was implemented on January 1, 1977, would be considered by the CCC as a “New” structure and subject to the new requirements. CPOA believes this position by the CCC is not legally defensible, and many Coastal Counties and Cities have proposed different definitions of “New” development. For example, in the Santa Cruz County proposed LCP, a “new” development is defined as any major Redevelopment or Replacement of more than 50% of the major structural components, on or after the amended LCP is adopted (January 1, 2021). The CCC is scheduled to vote on San Clemente’s LCP on 8/13/20.