Section 30213 of California Coastal Act requires the California Coastal Commission (“CCC”) to protect, encourage, and, where feasible, provide for lower cost overnight visitor accommodations (“LCOVA”) along the State’s coast. As mitigation measure consistent with this charge, the CCC imposes a $30,000 fee for 25 percent for rooms of new hotel developments determined to be higher cost (the “$30,000/25% fee”), in-lieu of LCOVA facility provision. Generally, the CCC applies this fee in two circumstances: (1) As an ad hoc fee for developers upon CCC review of coastal development permit (“CDP”) applications, and (2) as a legislatively imposed fee to be adopted by coastal jurisdictions upon CCC review of a local coastal program (“LCP”) or related policy. This paper explores the policy and legal implications of the $30,000/25% fee. The findings of this paper show that the $30,000/25% fee likely fails the applicable Federal California legal tests governing monetary exactions.

The Cal Poly Pier (Pier) Master/Facility Plan (FP) document provides the vision of the future for the Pier, a marine science research facility. The Plan facilitates project development and management of the Pier while meeting university and department research goals. Specifically, the FP document establishes goals and strategies to direct long-term development of the Pier, streamlines agency approval and permit requirements, provides context for pier management, and assists the permitting process for future development as it relates to regulatory permits and programmatic growth on the Cal Poly Pier to help meet goals of the Center for Coastal Marine Sciences (CCMS). The Cal Poly Pier is the marine field station for the California Polytechnic State University San Luis Obispo (Cal Poly) CCMS and is one of several facilities that supports research and educational activities. The CCMS is a CSU Campus Center research organization that provides research and education activities as a part of Cal Poly’s overall mission while offering opportunities to interested parties beyond Cal Poly, such as private and public entities. The 3,057-foot long pier provides students, faculty, researchers, and other users unrivaled access to the marine environment of the Central Coast and fosters hands-on learning opportunities to progress marine research and science. The Master Plan name was changed to Facility Plan to streamline the plan approval process and to minimize the potential for errors.