Charles A. Pratt Const. Co., Inc. v. California Coastal Com

In Charles A. Pratt Const. Co., Inc. v. California Coastal Com. (2008) 162 Cal.App.4th 1068, the Court described the regulatory hierarchy imposed by the Coastal Act. "Under the Coastal Act's legislative scheme . . . , the LCP and the development permits issued by local agencies pursuant to the Coastal Act are not solely a matter of local law, but embody state policy. The Commission's primary responsibility is the implementation of the Coastal Act. It is designated the state coastal zone planning and management agency for any and all purposes. ( 30330.) . . . Once the Commission certifies the LCP and all implementing actions become effective, the Commission's authority over coastal development permits is 'delegated to the local government . . . .' ( 30519, subd. (a).) . . . The Commission has appellate jurisdiction to determine whether the development permit issued by the local government is consistent with the LCP and coastal access policies. ( 30603, subd. (b).) "Although local governments have the authority to issue coastal development permits, that authority is delegated by the Commission. The Commission has the ultimate authority to ensure that coastal development conforms to the policies embodied in the state's Coastal Act. In fact, a fundamental purpose of the Coastal Act is to ensure that state policies prevail over the concerns of local government. The Commission applies state law and policies to determine whether the development permit complies with the LCP." (Id. at pp. 1075-1076.)