Affordable housing in California's Coastal Zone: A tale of state authority vs. local autonomy
Abstract This article examines the efforts of the California Coastal Commission to pursue simultaneously goals of environmental quality and affordable housing in the same state‐imposed regulatory program. The authors conclude that the Commission made substantial progress toward realizing both ends. However, the coastal body fell victim to its own successes, and housing was removed from its jurisdiction. As the Coastal Commission exercised its authority, opposition grew in strength and numbers. Key opponents included local government, which lost land‐use regulatory power to the Commission, the building industry, whose relationships with coastal localities were disrupted, and local property owners, whose land was restricted to uses other than the most profitable one.
Inclusionary housing in the California coastal zone
Abstract This article evaluates the performance of the California Coastal Commission's inclusionary housing program by examining: (1) the scope of the housing regulations, (2) initial permit decisions on residential projects, (3) the disposition of these permits overtime, and (4) the composition of completed projects and a best‐case projection of possible project completions. Using a case study of Southern California, factors affecting program success are discussed, including the effects of the various regulations, the availability of project subsidies, local government permit policies, and housing market fluctuations. The authors conclude that such state regulatory programs cannot be expected to succeed in urbanized coastal areas without incentives for developers and augmented state agency authority, superseding local land use controls.
Protecting Marine Biodiversity on the Continental Shelf Beyond 200 Nautical Miles
States are expending significant effort to chart the extent of their continental shelves where these extend beyond 200 nautical miles. As more is understood about marine biodiversity on the outer continental shelf, states may wish to regulate the use of biodiversity for the purposes of conservation or for future exploitation. This article identifies potential threats to marine biodiversity on the continental shelf, explores whether conservation is a legitimate purpose for exercising coastal state rights over the outer continental shelf under the Law of the Sea Convention, and considers the various legal rules that coastal states may use to protect marine biodiversity. The article concludes that the continental shelf regime is undesirably vague in some instances but that coastal states have a legal basis for taking action to regulate activities that impact the marine biodiversity of the outer continental shelf.