PERMITS REQUIRED (cont.) - publicationid_592

2.0 Alternatives Considered

At the state level, the Coastal Act requires each local jurisdiction along the coast to prepare and submit for

state certification a Local Coastal Program (LCP) for that portion of its area located within a specified

Coastal Zone. The LCP consists of two parts. The first is a Land Use Plan with goals and regulatory

policies, and the second is a set of Implementing Ordinances. Once the Coastal Commission certifies both

elements then the local jurisdiction is granted permitting authority. However, the State Coastal Commission

retains permitting authority over "sovereign lands" which are not within the purview of the LCP and for

submerged lands which are seaward of the mean high tide line. Therefore, the responsibility for issuing

coastal development permits for an action proposed by a non-federal entityis project-specific with regards

to sovereign lands and the mean high tide line. The location of the mean high tide line varies substantially

by season and due to prior beach replenishment actions. Generally, the history of harbor dredging and

beach replenishment at Oceanside and nearby beaches to the south, has resulted in a change in the historic

mean high tide line. Mapping from 1960 and 1972 identify a more landward mean high tide line in many

locations, typically located at the base of small bluffs or locations of shoreline protection such as rip-rap.

The California State Lands Commission will provide direction to the Coastal Commission and local

jurisdictions regarding this boundary for purposes of this project.

Because the intent of both the federal CCD and the state/local coastal development permit process is to

ensure consistency with the California Coastal Act, where a project is jointly proposed by a federal and

local entity, one concurrence by the Coastal Commission may satisfy both requirements. For purposes of

this project, the state and local coastal development permits would be obtained for individual receiver sites

depending on the status of the local permitting authority, and these would serve to satisfy the federal CCD

requirement.

In the case of Oceanside, which has been granted authority to issue local coastal development permits, the

proposed project is both seaward and landward of the mean high tide line so permits would be necessary

from both the local jurisdiction and the State Coastal Commission. Carlsbad also has been granted

authority to issue local coastal development permits landward of the mean high tide line. Subsequent to

issuance of the Draft EIR/EA, the historic mean high tide line was clarified by the State Lands Commission

at North Carlsbad. The North Carlsbad receiver site will be reconfigured as part of final design to extend

landward to the existing rip-rap. Because the entire project would be designed seaward of the historic

mean high tide line, there would be no local permit authority. During final design, the configuration of the

North Carlsbad receiver site will be widened landward. This document evaluates the worst-case footprint

for purposes of full disclosure of visual impacts.

Regional Beach Sand Project EIR/EA

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