HomeMy WebLinkAbout10 - AB 1196 (Harper) and Contract with Don Schmitz and Associates - PowerPointApril 24.2018
Comparinga
Item No. 10
Port Master Plan
with a Public Works Plan
Don Schmitz
Schmitz & Associates
April 24, 2018
A Port Master Plan is clearly
defined within Chapter 8 (Ports)
of the Coastal Act
WORKS% PUBLIC
Unclear regarding appeal status (not defined
within the Coastal Act)
Non -appealable to the
Dredging Coastal Commission
Dock and Marine Terminal Planning
Sea Walls
(defined within the Coastal Act)
Non -appealable to the
Coastal Commission
(defined within the Coastal Act)
Non -appealable to the
Coastal Commission
(defined within the Coastal Act)
Unclear regarding appeal status (not defined
within the Coastal Act)
Unclear regarding appeal status (not defined
within the Coastal Act)
Within a Port Master Plan, approved CDPs are not appealable to the Coastal
Commission except for specific types of projects listed within the Coastal Act
Section 30715 Permit authority; appealable approvals
(a) Until such time as a port master plan or any portion thereof has been certified, the commission shall permit developments within
ports as provided for in Chapter 7 (commencing with Section 30600). After a port master plan or any portion thereof has been
certified, the permit authority of the commission provided in Chapter 7 (commencing with Section 30600) shall no longer be exercised
by the commission over any new development contained in the certified plan or any portion thereof and shall at that time be delegated
to the appropriate port governing body, except that approvals of any of the following categories of development by the port governing
body may be appealed to the commission:
(1) Developments for the storage, transmission, and processing of liquefied natural gas and crude oil in such quantities
as would have a significant impact upon the oil and gas supply of the state or nation or both the state and nation. A
development which has a significant impact shall be defined in the master plans.
(2) Waste water treatment facilities, except for those facilities which process waste water discharged incidental to
normal port activities or by vessels.
(3) Roads or highways which are not principally for internal circulation within the port boundaries.
(4) Office and residential buildings not principally devoted to the administration of activities within the port; hotels,
motels, and shopping facilities not principally devoted to the sale of commercial goods utilized for water -oriented purposes;
commercial fishing facilities; and recreational small craft marina related facilities.
(5) Oil refineries.
(6) Petrochemical production plants.
(b) If maintenance dredging is part of, or is associated with, any category of development specified in paragraphs (1) to (6), inclusive,
of subdivision (a), the commission shall not consider that maintenance dredging in its review and approval of those categories.
A Public Works Plan is very
vaguely defined within the
Coastal Act
• Section 30605 of the Coastal Act: "plans for public
works... may be submitted... in the same manner"(as
LC Ps)
• Public Works Plans are intended to streamline
permitting in Coastal area, but they would need to be
negotiated with Coastal staff on a case-by-case basis.
Unlike Port Master Plans, Public Works Plans are not
clearly delineated within the Coastal Act.