Planning Commission overturns director’s incompleteness finding for CNLM coastal permit application

The Dana Point Planning Commission on Feb. 24 granted an appeal by the Center for Natural Lands Management (CNLM) and overturned the community development director’s Dec. 18, 2024 determination that CNLM’s coastal development permit application (CDP24‑0022) was incomplete.

CNLM representative Sarah Mueller told the commission the nonprofit submitted a CDP on Oct. 1, 2024 seeking to set public‑access hours on the Dana Point Preserve and asked the commission to find the application complete either as of Oct. 31, 2024 or no later than Nov. 19, 2024. "CNLM submitted a coastal development permit application to the city on 10/01/2024 to set public access hours for the trail on CNLM's property to protect the natural resources as recommended by The US Fish And Wildlife Service, the California Department of Fish and Wildlife, and the California Coastal Commission," Mueller said.

CNLM argued the city violated the California Permit Streamlining Act by issuing its incompleteness determination 78 days after CNLM's submittal and by requesting items not listed on the city's checklist, including a wetlands/biological assessment and a $20,000 CEQA deposit. Mueller said CNLM's application included the checklist items and hundreds of pages of supporting material and contrasted the city's handling of its own earlier CDP application for the same preserve, which the city deemed complete on submission.

City staff described the issue as procedural rather than a decision on the merits of the requested hours. Staff noted the city council granted CNLM’s fee‑waiver request on Nov. 19, 2024 and said the municipal code permits the planning commission to act on appeals. Legal counsel and commissioners debated whether the Permit Streamlining Act's 30‑day completeness clock begins on receipt of the application or after fee payment or waiver. Vice Chair Nelson, noting the headlands trail was mitigation tied to earlier development and that proposed hours would substantially reduce public access, said the reduction warranted study but supported deeming the application complete so the review could proceed.

After brief commissioner discussion, a commissioner moved to approve CNLM’s appeal and overturn the director’s incompleteness determination. The motion passed 5–0; the commission’s action makes Feb. 24 the date the application is treated as complete for processing and scheduling further review of the merits and any CEQA analysis.