CALIFORNIA COASTAL ACT

California Public Resources Code Division 20.

CHAPTER 1. FINDINGS AND DECLARATIONS AND GENERAL PROVISIONS .. 30000-30012

CHAPTER 2. DEFINITIONS ....................................... 30100-30122

CHAPTER 2.5. REVISIONS TO THE COASTAL ZONE BOUNDARY .......... 30150-30174

CHAPTER 3. COASTAL RESOURCES PLANNING AND MANAGEMENT POLICIES

Article 1. General ............................................... 30200

Article 2. Public Access .................................... 30210-30214

Article 3. Recreation ....................................... 30220-30224

Article 4. Marine Environment ............................... 30230-30237

Article 5. Land Resources ................................... 30240-30244

Article 6. Development ...................................... 30250-30255

Article 7. Industrial Development ......................... 30260-30265.5

CHAPTER 4. CREATION, MEMBERSHIP, AND POWERS OF COMMISSION AND

REGIONAL COMMISSIONS

Article 1. Creation, Membership of Commission and Regional

Commission ....................................... 30300-30305

Article 2. Qualifications and Organization ................ 30310-30319.5

Article 2.5. Fairness and Due Process ....................... 30320-30329

Article 3. Powers and Duties ................................ 30330-30344

Article 4. Local Coastal Program Implementation Costs ....... 30350-30355

CHAPTER 5. STATE AGENCIES

Article 1. General .......................................... 30400-30404

Article 2. State Agencies ................................... 30410-30420

CHAPTER 6. IMPLEMENTATION

Article 1. Local Coastal Program ............................ 30500-30504

Article 2. Procedure for Preparation, Approval, and

Certification of Local Coastal Programs .......... 30510-30526

Article 3. Coastal Public Access Program .................... 30530-30534

CHAPTER 7. DEVELOPMENT CONTROLS

Article 1. General Provisions ............................... 30600-30613

Article 2. Development Control Procedures ................... 30620-30627

CHAPTER 8. PORTS

Article 1. Findings and General Provisions .................. 30700-30701

Article 2. Policies ......................................... 30702-30708

Article 3. Implementation; Master Plan ...................... 30710-30721

CHAPTER 9. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES

Article 1. General Provisions ............................... 30800-30811

Article 2. Penalties ........................................ 30820-30824

CHAPTER 10. SEVERABILITY .......................................... 30900

DIVISION 20.5. OCEAN USE PLANNING .................................. 30950

 

PUBLIC RESOURCES CODE SECTION 30000-30012

30000. This division shall be known and may be cited as the California Coastal Act of 1976.

30001. The Legislature hereby finds and declares:

(a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem.

(b) That the permanent protection of the state's natural and scenic resources is a paramount concern to present and future residents of the state and nation.

(c) That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioration and destruction.

(d) That existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to working persons employed within the coastal zone.

30001.2. The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state.

 

30001.5. The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:

(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.

(b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.

(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.

(d) Assure priority for coastal-dependent and coastal-related development over other development on the coast.

(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

 

30002. The Legislature further finds and declares that:

(a) The California Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000), has made a detailed study of the coastal zone; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared a plan for the orderly, long-range conservation, use, and management of the natural, scenic, cultural, recreational, and manmade resources of the coastal zone.

(b) Such plan contains a series of recommendations which require implementation by the Legislature and that some of those recommendations are appropriate for immediate implementation as provided for in this division while others require additional review.

30003. All public agencies and all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply with the provisions of this division.

30004. The Legislature further finds and declares that:

(a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.

(b) To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California's coastal resources, to protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to provide for continued state coastal planning and management through a state coastal commission.

30005. No provision of this division is a limitation on any of the following: (a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone.

(b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances.

(c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance.

(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief.

30005.5. Nothing in this division shall be construed to authorize any local government, or to authorize the commission to require any local government, to exercise any power it does not already have under the Constitution and laws of this state or that is not specifically delegated pursuant to Section 30519.

30006. The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and development; that achievement of sound coastal conservation and development is dependent upon public understanding and support; and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation.

30006.5. The Legislature further finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and development decisions and that the commission should, in addition to developing its own expertise in significant applicable fields of science, interact with members of the scientific and academic communities in the social, physical, and natural sciences so that the commission may receive technical advice and recommendations with regard to its decisionmaking, especially with regard to issues such as coastal erosion and geology, marine biodiversity, wetland restoration, the question of sea level rise, desalination plants, and the cumulative impact of coastal zone developments.

30007. Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted.

30007.5. The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies.

30008. This division shall constitute California's coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources; provided, however, that within federal lands excluded from the coastal zone pursuant to the Federal Coastal Zone Management Act of 1972, the State of California shall, consistent with applicable federal and state laws, continue to exercise the full range of powers, rights, and privileges it now possesses or which may be granted.

30009. This division shall be liberally construed to accomplish its purposes and objectives.

30010. The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or local government acting pursuant to this division to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States.

30011. Nothing in this division shall authorize the commission to review a local government's application of the requirements of Section 65590 of the Government Code to any development. In addition, the commission shall not require any applicant for a coastal development permit or any local government to provide certification or other evidence of compliance with the requirements of Section 65590 of the Government Code. The commission may, however, solely in connection with coastal development permit applications described in subdivision (c) of Section 30600.1, require information about the status of a local government's action to apply the requirements of Section 65590 of the Government Code. This information shall be used for the purpose of determining time limits for commission action on these applications as provided in that subdivision (c).

30012. (a) The Legislature finds that an educated and informed citizenry is essential to the well-being of a participatory democracy and is necessary to protect California's finite natural resources, including the quality of its environment. The Legislature further finds that through education, individuals can be made aware of and encouraged to accept their share of the responsibility for protecting and improving the natural environment.

(b) (1) The commission shall, to the extent that its resources permit, carry out a public education program that includes outreach efforts to schools, youth organizations, and the general public for the purpose of promoting understanding of, fostering a sense of individual responsibility for, and encouraging public initiatives and participation in programs for, the conservation and wise use of coastal and ocean resources. Emphasis shall be given to volunteer efforts such as the Adopt-A-Beach program.

(2) In carrying out this program, the commission shall coordinate with other agencies to avoid duplication and to maximize information sharing.

(c) The commission is encouraged to seek funding from any appropriate public or private source and may apply for and expend any grant or endowment funds for the purposes of this section without the need to specifically include funds in its budget. Any funding made available to the commission for these purposes shall be reported to the fiscal committee of each house of the Legislature at the time its budget is being formally reviewed.

(d) The commission is encouraged to seek and utilize interns for the purpose of assisting its regular staff in carrying out the purposes of this section and this division and, notwithstanding any other provision of law, may participate in any internship program the executive director determines to be appropriate. With respect to any internship program the commission uses, it shall make the best efforts to ensure that the participants in the program reflect the ethnic diversity of the state and are provided an educational and meaningful experience.

(e) The commission shall submit to each house of the Legislature an annual report describing the progress it is making in carrying out this section.

30100. Unless the context otherwise requires, the definitions in this chapter govern the interpretation of this division.

30100.2. "Aquaculture" means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit-issuing decisions governed by this division.

30100.5. "Coastal county" means a county or city and county which lies, in whole or in part, within the coastal zone.

30101. "Coastal-dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

30101.3. "Coastal-related development" means any use that is dependent on a coastal-dependent development or use.

30101.5. "Coastal development permit" means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600.

30102. "Coastal plan" means the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California

Coastal Zone Conservation Act of 1972 (commencing with Section 27000).

30103. (a) "Coastal zone" means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the

1975-76 Regular Session enacting this division, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal

estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less

than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area

contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area.

(b) The commission shall, within 60 days after its first meeting, prepare and adopt a detailed map, on a scale of one inch equals 24,000 inches for the coastal zone and shall file a copy of the map with the county clerk of each coastal county. The purpose of this provision is to provide greater detail than is provided by the maps identified in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division. The commission may adjust the inland boundary of the coastal zone the minimum landward distance necessary up to a maximum of 100 yards except as otherwise provided in this subdivision, or the minimum distance seaward necessary up to a maximum of 200 yards, to avoid bisecting any single lot or parcel or to conform it to readily identifiable natural or manmade features. Where a landward adjustment is requested by the local government and agreed to by the property owner, the maximum distance shall be 200 yards.

30103.5. (a) Notwithstanding map number 138 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in Los Angeles County in the vicinity of Los Angeles International Airport shall be the Pershing Drive built after January 1, 1970, rather than the Pershing Drive built prior to that date.

(b) Notwithstanding map number 149 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in the area of the City of San Juan Capistrano in Orange County shall exclude all portions of the City of San Juan Capistrano and shall follow Camino Capistrano and Via Serra and generally an extension of Via Serra to the point where it joins the existing coastal zone boundary.

30105. (a) "Commission" means the California Coastal Commission. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission.

(b) "Regional commission" means any regional coastal commission. Whenever the term regional coastal zone conservation commission appears in any law, it means the regional coastal commission.

30105.5. "Cumulatively" or "cumulative effect" means the incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.

30106. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land,

including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

30107. "Energy facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

 

30107.5. "Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

30108. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

30108.1. "Federal coastal act" means the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), as amended.

30108.2. "Fill" means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.

30108.4. "Implementing actions" means the ordinances, regulations, or programs which implement either the provisions of the certified local coastal program or the policies of this division and which are submitted pursuant to Section 30502.

30108.5. "Land use plan" means the relevant portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions.

30108.55. "Local coastal element" is that portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division, or any additional elements of the local government's general plan prepared pursuant to Section 65303 of the Government Code, as the local government deems appropriate.

30108.6. "Local coastal program" means a local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, this division at the local level.

30109. "Local government" means any chartered or general law city, chartered or general law county, or any city and county.

30110. "Permit" means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.

30111. "Person" means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.

30112. "Port governing body" means the Board of Harbor Commissioners or Board of Port Commissioners which has authority over the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District.

30113. "Prime agricultural land" means those lands defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code.

30114. "Public works" means the following:

(a) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

(b) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. For purposes of this division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor any of the developments within these ports shall be considered public works.

(c) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

(d) All community college facilities.

30115. "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. "Sea" does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, including any river, stream, tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area.

30116. "Sensitive coastal resource areas" means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following:

(a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan.

(b) Areas possessing significant recreational value.

(c) Highly scenic areas.

(d) Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.

(e) Special communities or neighborhoods which are significant visitor destination areas.

(f) Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons.

(g) Areas where divisions of land could substantially impair or restrict coastal access.

30118. "Special district" means any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries.

"Special district" includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area.

30118.5. "Special treatment area" means an identifiable and geographically bounded forested area within the coastal zone that constitute a significant habitat area, area of special scenic significance, and any land where logging activities could adversely effect public recreation area or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosytem.

30119. "State university" means the University of California and the California State University.

30120. "Treatment works" shall have the same meaning as set forth in the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) and any other federal act which amends or supplements the Federal Water Pollution Control Act.

 

30121. "Wetland" means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

30122. "Zoning ordinance" means an ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter.

30150. Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone, as shown on the detailed coastal maps adopted by the commission on March 1, 1977, is amended by maps 1 to 35, inclusive, dated September 12, 1979, and which are on file in the office of the commission. Maps 1 to 35, inclusive, are hereby adopted by reference. The areas deleted and added to the coastal zone are specifically shown on maps 1 to 35, inclusive, adopted by this section, and are generally described in this chapter.

30152. In Del Norte County:

(a) Near the community of Smith River, approximately 255 acres are excluded as specifically shown on map 1.

(b) The Fort Dick, Kings Valley, and Meadowbrook Acres areas are excluded as specifically shown on maps 2 and 3.

(c) In and near the City of Crescent City, approximately 2,250 acres between Lake Earl Drive and State Highway Route 101 and other partially urbanized areas, such as the Bertsch Subdivision, are excluded as specifically shown on maps 2 and 3.

(d) In the City of Crescent City, approximately two acres are excluded as specifically shown on map 2A, dated May 5, 1982, and filed on May 20, 1982, with the Office of the Secretary of State.

30154. In Humboldt County:

(a) In and near the City of Fortuna, approximately 265 acres seaward of State Highway Route 101 are excluded as specifically shown on map 4.

(b) All of the incorporated land of the City of Ferndale as of January 1, 1979, is excluded as specifically shown on map 4A. The city shall consider work completed pursuant to its local coastal program in the course of preparing or revising its general plan. Notwithstanding any provision of Division 21 (commencing with Section 31000) to the contrary, the State Coastal Conservancy may undertake projects within the city without approval of the commission.

30156. In San Mateo County, within the Butano Creek watershed, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 5.

30156.1. In San Mateo County, in the City of Pacifica, approximately 11 acres situated east of State Highway Route 1 and described in Director's Deed DD-028764-01-01 from the Director of Transportation, is included, as specifically shown on Map 5.

30158. In Santa Cruz County:

(a) Near the community of Bonny Doon, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 6 and 7.

(b) In the Watsonville area approximately 40 acres in the southwest portion of the city are excluded as specifically shown on map 8.

30160. In Monterey County:

(a) In the City of Marina, approximately 400 acres between Del Monte Boulevard and the new alignment of State Highway Route 1 are excluded as specifically shown on map 9.

(b) In the City of Sand City approximately 125 acres landward of a 200-foot buffer along the new alignment of State Highway Route 1 are excluded as specifically shown on map 10; provided, however, a buffer of 100 feet along either side of the railroad right-of-way through the city together with such right-of-way are not excluded.

(c) In the City of Seaside approximately 29 acres northeast of Laguna del Rey are excluded as specifically shown on map 10; provided, however, a 125-foot buffer along the edge of Laguna Grande, a 100-foot buffer along each side of the channel connecting Roberts Lake and Laguna Grande, and a 100-foot buffer along either side of the railroad right-of-way together with such right-of-way are not excluded.

(d) In the City of Monterey, the downtown area, and the Cannery Row area between Lighthouse Avenue and the extreme edge of the railroad right-of-way, are excluded as specifically shown on map 11; provided, however, that the one block area bounded by Foam Street and Wave Street, and Prescott Avenue and Hoffman Avenue, is not excluded.

Notwithstanding any map referenced by Section 30150, dated September 12, 1979, and filed on September 14, 1979, with the office of the Secretary of State, the inland coastal zone boundary described in this subdivision shall be as prescribed by the amendments to this section made during the second year of the 1979-80 Regular Session of the Legislature.

(e) In the City of Pacific Grove approximately 300 acres are excluded as specifically shown on map 11; provided, however, that the railroad right-of-way is not excluded.

(f) In the Del Monte Forest, approximately 90 acres known as the Navaho Tract are added as specifically shown on map 11.

(g) In the area between the intersection of the boundary and the easterly line of Section 26, T. 17 S., R. 1 E., M.D.M. and the intersection of the boundary and the northeasterly corner of Section 1, T. 19 S., R. 1 E., M.D.M., and in the vicinity of the head of the Middle Fork of Devil's Canyon and the head of the South Fork of Devil' s Canyon the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 12, 13, and 14.

30162. In Santa Barbara County:

(a) In Rancho San Julian and generally within the watershed of Jalama Creek, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 16.

(b) In the Devereux Lagoon and Goleta Slough areas, approximately 170 acres are excluded and 245 acres are added as specifically shown on maps 17 and 18; provided, however, that the land areas on which the University of California has proposed a 200 unit housing project are not included.

30164. In Ventura County:

(a) Near the mouth of the Ventura River, approximately 190 acres are added as specifically shown on map 19.

(b) In the City of San Buenaventura, approximately 240 acres are excluded as specifically shown on map 19.

(c) In the City of Oxnard and a small unincorporated area, approximately 130 acres are excluded and approximately 85 acres are added as specifically shown on map 20. (d) In the area described as Section 36, T. 1 N., R. 20 W., S.B.B.L., the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 21.

30166. In Los Angeles County:

(a) In three locations within the Santa Monica Mountains, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 22, 23, and 24.

(b) In the Temescal Canyon watershed in the City of Los Angeles, all lands owned or controlled by the Presbyterian Synod, the University of California, the Los Angeles County Sanitation District, and the Los Angeles Unified School District are added.

(c) In the Cities of Los Angeles and El Segundo the areas east of Vista del Mar that include the Scattergood Steam Plant, the Hyperion Sewage Treatment Plant, and portions of an oil refinery are excluded as specifically shown on map 25. In adopting this boundary change, the Legislature specifically reaffirms the existing location of the coastal zone boundary in the Venice area of the City of Los Angeles.

(d) In the City of Manhattan Beach approximately 140 acres, and in the City of Hermosa Beach approximately 170 acres, are excluded as specifically shown on map maps 25 and 26.

(e) In the City of Palos Verdes Estates, approximately 95 acres landward of Paseo del Mar are excluded as specifically shown on map 26.

(f) In the City of Long Beach the area near Colorado Lagoon is excluded as specifically shown on map 27.

(g) In the City of Long Beach the area commencing at the intersection of the existing coastal zone boundary at Colorado Street and Pacific Coast Highway, thence southerly along Pacific Coast Highway to the intersection of Loynes Drive, thence easterly along Loynes Drive to the intersection of Los Cerritos Channel, thence northerly along Los Cerritos Channel to the existing coastal zone boundary, is excluded as specifically shown on map 27A.

30166.5. (a) On or before January 15, 2002, the commission shall submit to the City of Malibu an initial draft of the land use portion of the local coastal program for the City of Malibu portion of the coastal zone, which is specifically delineated on maps 133, 134, 135, and 136, which were placed on file with the Secretary of State on September 14, 1979.

(b) On or before September 15, 2002, the commission shall, after public hearing and consultation with the City of Malibu, adopt a local coastal program for that area within the City of Malibu portion of the coastal zone that is specifically delineated on maps 133, 134, 135, and 136, which have been placed on file with the Secretary of State on March 14, 1977, and March 1, 1987. The local coastal program for the area shall, after adoption by the commission, be deemed certified, and shall, for all purposes of this division, constitute the certified local coastal program for the area. Subsequent to the certification of the local coastal program, the City of Malibu shall immediately assume coastal development permitting authority, pursuant to this division. Notwithstanding the requirements of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, once the City of Malibu assumes coastal development permitting authority pursuant to this section, no application for a coastal development permit shall be deemed approved if the city fails to take timely action to approve or deny the application.

30168. In Orange County:

(a) In the City of Huntington Beach, approximately 9.5 acres are

added as specifically shown on map 28.

(b) In the City of Costa Mesa, approximately 15 acres are excluded

as specifically shown on map 28.

(c) In the City of Newport Beach, approximately 22.6 acres

adjacent to Pacific Coast Highway are added as specifically shown on

map 28; provided, however, that the area described in this

subdivision shall be excluded from the coastal zone, if the

Department of Transportation, within one year from the effective date

of this act, enters into an agreement for use of this area for

hospital-related purposes.

(d) In the Niguel Hill area, the developed portions of Pacific

Island Village are excluded as specifically shown on map 29.

(e) In the communities of Dana Point and Laguna Niguel,

approximately 450 acres inland of the Pacific Coast Highway are

excluded as specifically shown on map 29A.

(f) In the community of Capistrano Beach, approximately 381 acres

seaward of the San Diego Freeway are excluded as specifically shown

on map 29A.

(g) In the City of San Clemente, approximately 230 acres seaward

of the San Diego Freeway are added as specifically shown on map 29B,

dated September 1, 1981, and filed on September 1, 1981, with the

Office of the Secretary of State.

(h) In the City of San Clemente, approximately 214 acres inland

and seaward of the San Diego Freeway are excluded as specifically

shown on maps 29A and 30.

30169. (a) The Legislature hereby finds and declares that a dispute

exists as to the proper location of the inland boundary of the

coastal zone in the area commonly known as Aliso Viejo and that,

after extensive review of the history of this boundary segment, the

criteria utilized to establish the boundary in 1976, and the relevant

topographical information, it is possible to reach differing

conclusions of equal validity regarding the proper location of the

coastal zone boundary. The Legislature further finds that it is not

possible to determine objectively which ridgeline feature in the

Aliso Viejo area most closely approximates the boundary criteria

utilized by the Legislature in 1976, and that it is in the best

public interest to resolve the current boundary dispute in order to

avoid further delay in the completion of the local coastal program

for Orange County. The Legislature further finds that a timely

resolution of this boundary dispute can best be accomplished by

adjusting the coastal zone boundary in the manner set forth in this

section and within the general framework of Section 30103 and

consistent with the need to protect the coastal resources of the

Aliso Viejo area and to carry out the requirements of Section 30213.

(b) In the Aliso Creek area of Orange County approximately 286

acres are added and approximately 1,020 acres are excluded as

specifically shown on maps 28A and 28B dated April 15, 1980, and

filed on April 22, 1980, with the office of the Secretary of State

and which are on file in the office of the commission. The maps are

hereby adopted by reference. The changes made in the inland boundary

of the coastal zone by this section are in addition to any changes

made by any map referred to in Section 30150, except to the extent

that the changes made by this section affect a segment of the

boundary previously changed by the map, in which case the changes

made by this section shall supersede any of those previous changes.

(c) The executive director of the commission may adjust the

precise location of the inland boundary of the coastal zone not more

than 100 yards in either a seaward or landward direction in order to

conform the precise boundary location to the specific limits of

development adjacent to the coastal zone boundary as shown on maps

28A and 28B. However, in any subdivided area, the executive director

may adjust the precise location of the inland boundary of the

coastal zone not more than 100 feet in a landward direction in order

to include any development of the first row of lots immediately

adjacent to the boundary as shown on those maps, where the executive

director determines that the adjustment is necessary to ensure that

adequate controls will be applied to the development in order to

minimize any potential adverse effects on the coastal zone resources.

The executive director shall prepare a detailed map showing any of

the changes and shall file a copy of the map with the county clerk.

(d) Prior to the adoption and approval of a drainage control plan

by the County of Orange for the Aliso Viejo Planned Community (as

designated by Amendment No. L. U. 79-1 to the Land Use Element of

the Orange County General Plan), the county shall consult with the

executive director of the commission to ensure that any drainage

control facilities located outside the coastal zone are adequate to

provide for no increase in peak runoff, by virtue of the development

of the Aliso Viejo Planned Community, which would result in adverse

impacts on coastal zone resources.

(e) On or before January 31, 1981, the commission shall, after

public hearing and in consultation with the County of Orange, certify

or reject a local coastal program segment prepared and submitted by

the county on or before August 1, 1980, for the following parcel in

the Aliso Creek area: land owned by the Aliso Viejo Company, a

California corporation, as of April 22, 1980, within the coastal zone

as amended by this section. The local coastal program required by

this subdivision shall, for all purposes of this division, constitute

a certified local coastal program segment for that parcel in the

County of Orange. The segment of the county's local coastal program

for the parcel may be amended pursuant to this division relating to

the amendment of local coastal programs. If the commission neither

certifies nor rejects the submitted local coastal program within the

time limit specified in this subdivision, the land added to the

coastal zone by this section shall no longer be subject to this

division. It is the intent of the Legislature in enacting this

subdivision, that a procedure to expedite the preparation and

adoption of a local coastal program for that land be established so

that the public and the affected property owner know as soon as

possible what uses are permissible.

(f) The commission, through its executive director, shall enter

into a binding and enforceable agreement with Aliso Viejo Company,

and the agreement shall be recorded as a covenant to run with the

land with no prior liens other than tax and assessment liens

restricting the Aliso Viejo Planned Community. The agreement shall

provide for all of the following:

(1) The Aliso Viejo Company shall provide at least 1,000 units of

for-sale housing to moderate-income persons at prices affordable to a

range of households earning from 81 to 120 percent of the median

income for Orange County as adjusted for family size pursuant to the

commission's housing guidelines on affordable housing dated January

22, 1980, and July 16, 1979, and any additional provisions as agreed

to between the commission and the Aliso Viejo Company as referred to

in this subdivision.

For purposes of this subdivision, median income constitutes the

figure most recently established by the Department of Housing and

Urban Development at the time the public report for the units, or any

portion thereof, is issued by the Department of Real Estate. The

affordable units required by this subdivision shall be priced equally

over the moderate-income range and shall reflect a reasonable mix as

to size and number of bedrooms.

(2) The 1,000 units provided pursuant to this subdivision shall be

sold subject to controls on resale substantially as provided in the

commission's housing guidelines on affordable housing, dated January

22, 1980, and July 16, 1979, and any additional provisions as agreed

to between the commission and the Aliso Viejo Company as referred to

in this subdivision. On or before entering the agreement provided

for herein, the Aliso Viejo Company shall enter into an agreement,

approved by the executive director of the commission, with the Orange

County Housing Authority or any other appropriate housing agency

acceptable to the executive director of the commission to provide for

the administration of the resale controls including the

qualification of purchasers.

(3) The 1,000 units provided pursuant to this subdivision may be

dispersed throughout the Aliso Viejo Planned Community, and shall be

completed and offered for sale prior to, or simultaneously with,

other units in the overall project, so that at any time at least 71/2

percent of the units constructed shall be resale-controlled until

the 1,000 units are completed.

(4) The Department of Housing and Community Development and the

County of Orange shall be third party beneficiaries to the agreement

provided in this subdivision and shall have the power to enforce any

and all provisions of the agreement.

(5) This agreement may only be amended upon the determination of

the Aliso Viejo Company or its successors or assigns, the commission,

the Department of Housing and Community Development, and the County

of Orange that the change is necessary in order to prevent adverse

effects on the supply of low- and moderate-income housing

opportunities and to improve the methods of providing the housing at

continually affordable prices.

The Legislature hereby finds and declares that, because the Aliso

Viejo Company, in addition to the 1,000 units of controlled housing

provided in this subdivision, will provide for 2,000 units of

subsidized affordable housing for low income persons and 2,000

affordable housing units for moderate income persons pursuant to the

company's housing program, the purposes of Section 30213 will be met

by enactment of this subdivision. The Legislature further finds and

declares that the general provisions of this subdivision are

specifically described and set forth in letters by Aliso Viejo

Company and the executive director of the commission published in the

Journals of the Senate and the Assembly of the 1979 -80 Regular

Session, and it is the intent of the Legislature that the commission

and Aliso Viejo Company conform the agreement provided in this

subdivision to the specific provisions described in the letters.

(g) Notwithstanding any other provision of law, the application of

this division by the commission to the development or use of any

infrastructure necessary and appropriate to serve development within

the portions of the Aliso Viejo Planned Community located inland of

the coastal zone as amended by this section, shall be strictly

limited to addressing direct impacts on coastal zone resources and

shall be carried out in a manner that assures that the infrastructure

will be provided. Furthermore, the commission shall amend without

conditions its prior permit No. A-61-76 to provide for its release of

sewer outfall flow limitations necessary and appropriate to serve

the Aliso Viejo Planned Community located inland of the coastal zone

as amended by this subdivision. For purposes of this subdivision,

"infrastructure" means those facilities and improvements necessary

and appropriate to develop, construct, and serve urban communities,

including but not limited to, streets, roads, and highways;

transportation systems and facilities; schools; parks; water and

sewage systems and facilities; electric, gas, and communications

systems and facilities; and drainage and flood control systems and

facilities. Notwithstanding this subdivision, the commission may

limit, or reasonably condition, the use of the transit corridor in

Aliso Creek Valley to transit uses, uses approved by the commission

that will serve the Aliso Greenbelt Project prepared by the State

Coastal Conservancy, the provision of access to and from the sewage

treatment works in Aliso Creek Valley, emergency uses, and drainage

and flood control systems and facilities and other services approved

pursuant to this subdivision.

(h) This section shall become operative only when the commission

and Aliso Viejo Company have entered into the binding and enforceable

agreement provided for in this section, and the agreement has been

duly recorded with the county recorder of Orange County.

30170. In San Diego County:

(a) In the City of Oceanside, approximately 500 acres are excluded

as specifically shown on maps 30A and 31.

(b) In the City of Carlsbad, approximately 180 acres in the

downtown area, except for the Elm Street corridor, are excluded as

specifically shown on map 31.

(c) In the City of Carlsbad the area lying north of the Palomar

Airport as generally shown on maps 31 and 32 and as specifically

described in this subdivision is excluded.

Those portions of lots "F" and "G" of Rancho Agua Hedionda, part

in the City of Carlsbad and part in the unincorporated area of the

County of San Diego, State of California, according to the partition

map thereof No. 823, filed in the office of the county recorder of

such county, November 16, 1896, described as follows:

Commencing at point 1 of said lot "F" as shown on said map; thence

along the boundary line of said lot "F" south 25* 33' 56 east,

229.00 feet to point 23 of said lot "F" and south 54* 40' 19 east,

1347.00 feet; thence leaving said boundary line south 35* 19' 44

west, 41.28 feet to the true point of beginning, which point is the

true point of beginning, of the land described in deed to Japatul

Corporation recorded December 8, 1975, at recorder's file/page No.

345107 of official records to said county; thence along the boundary

line of said land south 35* 19' 44 west, 2216.46 feet and north 53*

02' 49 west, 1214.69 feet to the northeast corner of the land

described in deed to Japatul Corporation recorded December 8, 1975,

at recorder's file/page No. 345103 of said official records; thence

along the boundary lines of said land as follows: West, 1550 feet,

more or less, to the boundary of said lot "F"; south 00* 12' 00 west,

550 feet, more or less, to point 5 of said lot "F"; south 10* 25' 10

east along a straight line between said point 5 and point 14 of said

lot "F", to point 14 of said lot "F": thence along the boundary of

said lot "F" south 52* 15' 45 east (record south 51* 00' 00 east)

1860.74 feet more or less to the most westerly corner of the land

conveyed to James L. Hieatt, et ux, by deed recorded June 11, 1913,

in Book 617, page 54 of deed, records of said county; thence along

the northwesterly and northeasterly boundary of Hieatt's land as

follows: North 25* 00' 00 east, 594.00 feet and south 52* 15' 45

east (record south 51* 00' 00 east per deed) 1348.61 feet to a point

of intersection with the northerly line of Palomar County Airport,

said point being on the boundary of the land conveyed to Japatul

Corporation by deed recorded December 8, 1975, at recorder's

file/page No. 345107 of said official records; thence along said

boundary as follows: North 79* 10' 00 east, 4052.22 feet north 10*

50' 00 west, 500.00 feet; north 79* 10' 00 east 262.00 feet, south

10* 50' 00 east, 500.00 feet; north 79* 10' 00 east, 1005 feet, more

or less, to the westerly line of the land conveyed to the County of

San Diego by deed recorded May 28, 1970, at recorder's file/page No.

93075 of said official records; thence continuing along the boundary

of last said Japatul Corporation's land north 38* 42' 44 west,

2510.58 feet to the beginning of a tangent 1845.00 foot radius curve

concave northeasterly; along the arc of said curve through a central

angle of 14* 25' 52 a distance of 464.70 feet to a point of the

southerly boundary of the land allotted to Thalia Kelly Considine, et

al, by partial final judgment in partition, recorded January 18,

1963, at recorder's file/page No. 11643 of said official records;

thence continuing along last said Japatul Corporation's land south

67* 50' 28 west, 1392.80 feet north 33* 08' 52 west, 915. 12 feet

and north 00* 30' 53 west, 1290.37 feet to the southerly line of said

land conveyed to the County of San Diego, being also the northerly

line of last said Japatul Corporation's land; thence along said

common line north 74* 57' 25 west, 427.67 feet to the beginning of a

tangent 2045.00 foot radius curve concave northerly; and westerly

along the arc of said curve through a central angle of 16* 59' 24, a

distance of 606.41 feet to the true point of beginning.

And those properties known as assessors parcel Nos. 212-020-08,

212-020-22, and 212-020-23.

Excepting therefrom, that portion, if any, conveyed to the County

of San Diego, by quitclaim deed recorded January 12, 1977, at

recorder's file/page No. 012820 of said official records.

No development may occur in the area described in this subdivision

until a plan for drainage of the parcel to be developed has been

approved by the local government having jurisdiction over the area

after consultation with the commission and the Department of Fish and

Game. The plan shall assure that no detrimental increase occurs in

runoff of water from the parcel to be developed and shall require

that the facilities necessary to implement the plan are installed as

part of the development.

(d) In the City of Carlsbad and adjacent unincorporated areas,

approximately 600 acres consisting of the Palomar Airport and an

adjoining industrial park are excluded as specifically shown on maps

31 and 32.

(e) An area consisting of approximately 333 acres lying west and

south of the Palomar Airport and bounded on the south by Palomar

Airport Road is excluded as specifically shown on maps 31 and 32.

No development may occur in the area described in this subdivision

until a plan for drainage of the parcel to be developed has been

approved by the local government having jurisdiction over the area

after consultation with the commission and the Department of Fish and

Game. The plan shall assure that no detrimental increase occurs in

runoff of water from the parcel to be developed and shall require

that the facilities necessary to implement the plan are installed as

part of the development.

(f) On or before October 1, 1980, the commission shall, after

public hearing and in consultation with the City of Carlsbad,

prepare, approve, and adopt a local coastal program for the following

parcels in the vicinity of Batiquitos Lagoon within the City of

Carlsbad: lands owned by Rancho La Costa, a registered limited

partnership, lands (consisting of approximately 80 acres) owned by

Standard Pacific of San Diego, Inc., that were conveyed by Rancho La

Costa on October 8, 1977, and lands owned by the Occidental Petroleum

Company. Such parcels shall be determined by ownership as of

September 12, 1979. As used in this subdivision, "parcels" means the

parcels identified in this paragraph. The local coastal program

required by this subdivision shall include all of the following

elements:

(1) Protection of agricultural lands and uses to the extent

feasible.

(2) Minimization of adverse impacts from sedimentation.

(3) Protection of feasible public recreational opportunities.

(4) Provision for economically feasible development consistent

with the three elements specified in this subdivision.

The local coastal program required by this subdivision shall,

after adoption by the commission, be deemed certified and shall for

all purposes of this division constitute certified local coastal

program segments for those parcels in the City of Carlsbad. The

segments of the city's local coastal program for those parcels may be

amended pursuant to the provisions of this division relating to the

amendment of local coastal programs. In addition, until such time

as (i) the City of Carlsbad adopts or enacts the implementing actions

contained in any such local coastal program, or (ii) other statutory

provisions provide alternately for the adoption, certification, and

implementation of a local coastal program for those parcels, the

local coastal program required by this subdivision may also be

amended by the commission at the request of the owner of any of those

parcels. For administrative purposes, the commission may group

these requests in order to schedule them for consideration at a

single commission hearing; provided, however, that the commission

shall schedule these requests for consideration at least once during

each four-month period, beginning January 1, 1982. After either of

these events occur, however, these property owners shall no longer be

eligible to request the commission to amend the local coastal

program.

If the commission fails to adopt such local coastal program within

the time limits specified in this subdivision, those parcels shall

be excluded from the coastal zone and shall no longer be subject to

the provisions of this division. It is the intent of the Legislature

in enacting this subdivision that a procedure to expedite the

preparation and adoption of a local coastal program for those parcels

be established so that the public and affected property owners know

as soon as possible what the permissible uses of such lands are.

(g) In the vicinity of the intersection of Del Mar Heights Road

and the San Diego Freeway, approximately 250 acres are excluded as

specifically shown on map 33.

(h) In the vicinity of the intersection of Carmel Valley Road and

the San Diego Freeway, approximately 45 acres are added as

specifically shown on map 33.

In the City of San Diego, the Carmel Valley area consisting of

approximately 1,400 acres as shown on map 33 which has been placed on

file with the Secretary of State on January 23, 1980, shall be

excluded from the coastal zone after the City of San Diego submits,

and the commission certifies, a drainage plan and a transportation

plan for the area. The city shall implement and enforce the

certified drainage and transportation plans. Any amendments or

changes to the underlying land use plan for the area that affects

drainage, or to either the certified drainage or transportation plan,

shall be reviewed and processed in the same manner as an amendment

of a certified local coastal program pursuant to Section 30514. Any

land use not in conformance with the certified drainage and

transportation plans may be appealed to the commission pursuant to

the appeals procedure as provided by Chapter 7 (commencing with

Section 30600). The drainage plan and any amendments thereto shall

be prepared after consultation with the Department of Fish and Game

and shall ensure that problems resulting from water runoff,

sedimentation, and siltation are adequately identified and resolved.

(i) Near the head of the south branch of Los Penasquitos Canyon,

the boundary is moved seaward to the five-mile limit as described in

Section 30103 and as specifically shown on map 33.

(j) In the City of San Diego, approximately 1,855 acres known as

the Mount Soledad and La Jolla Mesa areas are added as specifically

shown on map 34; provided, however, that on or before February 29,

1980, and pursuant to either subdivision (d) of Section 30610 or

Section 30610.5, the commission shall exclude from coastal

development permit requirements any single-family residence within

the area specified in this subdivision. No coastal development

permit shall be required for any improvement, maintenance activity,

relocation, or reasonable expansion of any commercial radio or

television transmission facilities within the area specified in this

subdivision unless any such proposed activity could result in a

significant change in the density or intensity of use in such area or

could have a significant adverse impact on highly scenic resources

of public importance; provided, however, that no prior review by the

commission of any such activity shall be required.

(k) In the City of San Diego, approximately 30 acres known as the

Famosa Slough is added as specifically shown on maps 34 and 35.

30170.6. Notwithstanding Section 17 of Chapter 1330 of the Statutes

of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of

1976, any map dated September 12, 1979, and filed on September 14,

1979, with the office of the Secretary of State, or any provision of

Section 30170, the inland boundary of the coastal zone in a portion

of San Diego County, of approximately 95 acres in Penasquitos Canyon,

is hereby amended as indicated by revised map number 33, dated March

21, 1980, and filed on March 21, 1980, with the office of the

Secretary of State; provided, that the City of San Diego first

submits and the commission approves a drainage plan for the area

providing for drainage in connection with the extension of Mira Mesa

Boulevard to Interstate Highway 805 sufficient to assure that no

detrimental increase in runoff of water into Carroll Canyon occurs as

a result of construction of Mira Mesa Boulevard.

30171. (a) On or before October 1, 1980, the commission shall

submit to the City of Carlsbad an initial draft of the land use

portion of the local coastal program for the area specifically

delineated on maps 154 and 155 which have been placed on file with

the Secretary of State on April 22, 1980.

(b) On or before July 1, 1981, the commission shall, after public

hearing and consultation with the City of Carlsbad, adopt a local

coastal program for that area within the City of Carlsbad which is

specifically delineated on maps 154 and 155 which have been placed on

file with the Secretary of State on April 22, 1980. The local

coastal program for such area shall, after adoption by the

commission, be deemed certified, and shall, for all purposes of this

division, constitute the certified local coastal program for such

area. The local coastal program for such area may be amended

pursuant to the provisions of this division relating to the amendment

of local coastal programs. In addition, until such time as (i) the

City of Carlsbad adopts or enacts the implementing actions contained

in any such local coastal program, or (ii) other statutory

provisions provide alternately for the adoption, certification, and

implementation of a local coastal program for that area, the local

coastal program required by this subdivision may also be amended by

the commission at the request of any owner of property located within

the area. For administrative purposes, the commission may group

these requests in order to schedule them for consideration at a

single commission hearing; provided, however, that the commission

shall schedule these requests for consideration at least once during

each four-month period, beginning January 1, 1982. After either of

these events occur, however, these property owners shall no longer be

eligible to request the commission to amend the local coastal

program.

(c) If the commission fails to adopt such local coastal program

within the time limits specified in this subdivision, such area shall

be excluded from the coastal zone and shall no longer be subject to

the provisions of this division. It is the intent of the

Legislature, in enacting this section, that a procedure to expedite

the preparation and adoption of a local coastal program in this

specified area be established so that the public and affected

property owners know as soon as possible what the permissible uses of

such lands are.

(d) This section is not intended and shall not be construed as

authorizing any modification, extension, or alteration in any

deadline or other provisions of any contract between the commission

or any regional coastal commission and any person, business, or

corporation with respect to planning services for the area delineated

on maps 154 and 155.

 

 

30171.2. (a) Except as provided in subdivision (b), on and after

January 1, 1985, no agricultural conversion fees may be levied or

collected under the agricultural subsidy program provided in the

local coastal program of the City of Carlsbad which was adopted and

certified pursuant to Section 30171. All other provisions of that

program shall continue to be operative, including the right to

develop designated areas as provided in the program.

(b) This section shall not affect any right or obligation under

any agreement or contract entered into prior to January 1, 1985,

pursuant to that agricultural subsidy program, including the payment

of any fees and the right of development in accordance with the

provisions of any such agreement or contract. As to these

properties, the agricultural subsidy fees in existence as of December

31, 1984, shall be paid and allocated within the City of Carlsbad,

or on projects outside the city which benefit agricultural programs

within the city, in accordance with the provisions of the

agricultural subsidy program as it existed on September 30, 1984.

(c) Any agricultural conversion fees collected pursuant to the

agricultural subsidy program and not deposited in the agricultural

improvement fund in accordance with the local coastal program or

which have not been expended in the form of agricultural subsidies

assigned to landowners by the local coastal program land use policy

plan on January 1, 1985, shall be used by the State Board of Control

to reimburse the party which paid the fees if no agreements or

contracts have been entered into or to the original parties to the

agreements or contracts referred to in subdivision (b) in proportion

to the amount of fees paid by the parties. However, if the property

subject to the fee was under option at the time that the original

agreement or contract was entered into and the optionee was a party

to the agricultural subsidy agreement, payments allocable to that

property shall be paid to the optionee in the event the optionee has

exercised the option. Reimbursements under this section shall be

paid within 90 days after January 1, 1985, or payment of the fee,

whichever occurs later, and only after waiver by the party being

reimbursed of any potential legal rights resulting from enactment of

this section.

(d) Any person entitled to reimbursement of fees under subdivision

(c) shall file a claim with the State Board of Control which shall

determine the validity of the claim and pay that person a pro rata

share based on the relative amounts of fees paid under the local

coastal program or any agreement or contract entered pursuant

thereto.

There is hereby appropriated to the State Board of Control the

fees referred to in subdivision (c), for the purpose of making

refunds under this section.

(e) Notwithstanding any geographical limitation contained in this

division, funds deposited pursuant to subdivision (b) may be expended

for physical or institutional development improvements needed to

facilitate long-term agricultural production within the City of

Carlsbad. These funds may be used to construct improvements outside

the coastal zone boundaries in San Diego County if the improvements

are not inconsistent with the Carlsbad local coastal program and the

State Coastal Conservancy determines that the improvements will

benefit agricultural production within the coastal zone of the City

of Carlsbad.

 

 

30171.5. (a) The amount of the mitigation fee for development on

nonprime agricultural lands in the coastal zone in the City of

Carlsbad that lie outside of the areas described in subdivision (f)

of Section 30170 and subdivision (b) of Section 30171 shall be

determined in the applicable segment of the local coastal program of

the City of Carlsbad, but shall not be less than five thousand

dollars ($5,000), nor more than ten thousand dollars ($10,000), per

acre. All mitigation fees collected under this section shall be

deposited in the State Coastal Conservancy Fund.

(b) All mitigation fees collected pursuant to this section are

hereby appropriated to, and shall be expended by, the State Coastal

Conservancy in the following order of priority:

(1) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon.

(2) Development of an interpretive center at Buena Vista Lagoon.

(3) Provision of access to public beaches in the City of Carlsbad.

(4) Any other project or activity benefiting or enhancing the use

of natural resources, including open field cultivated floriculture,

in the coastal zone in the City of Carlsbad that is provided for in

the local coastal program of the City of Carlsbad.

(c) The State Coastal Conservancy may establish a special account

in the State Coastal Conservancy Fund and deposit mitigation fees

collected pursuant to this section in the special account. Any

interest accruing on that money in the special account shall be

expended pursuant to subdivision (b).

(d) Not less than 50 percent of collected and bonded mitigation

fees shall be expended for the purpose specified in paragraph (1) of

subdivision (b).

(e) Other than to mitigate the agricultural conversion impacts for

which they are collected, none of the mitigation fees collected

pursuant to this section shall be used for elements of a project

which cause that project to be in compliance with this division or to

mitigate a project which would otherwise be inconsistent with this

division. When reviewing a potential project for consistency with

this subdivision, the State Coastal Conservancy shall consult with

the commission.

 

 

30172. In the San Diego County, an area consisting of approximately

180 acres lying west and south of Palomar Airport as shown on Map

155, which has been placed on file with the Secretary of State on

April 22, 1980, shall be excluded from the coastal zone after the

City Engineer of the City of Carlsbad approves and the commission

certifies a drainage plan for the area, pursuant to the commission's

interim permit authority, which plan the city shall implement and

enforce.

 

30174. Notwithstanding the maps adopted pursuant to Section 17 of

Chapter 1330 of the Statutes of 1976, as amended by Section 29 of

Chapter 1331 of the Statutes of 1976, the inland boundary of the

coastal zone, as shown on detailed coastal map 157 adopted by the

commission on March 1, 1977, shall be amended to conform to the

inland boundary shown on map A which is hereby adopted by reference

and which shall be filed in the office of the Secretary of State and

the commission on the date of enactment of this section.

The areas deleted and added to the coastal zone which are

specifically shown on map A are in the County of San Diego and are

generally described as follows:

(a) In the vicinity of the intersection of Del Mar Heights Road

and the San Diego Freeway, approximately 250 acres are excluded as

specifically shown on map A.

(b) In the vicinity of the intersection of Carmel Valley Road and

the San Diego Freeway, approximately 45 acres are added as

specifically shown on map A.

(c) Near the head of the south branch of Los Penasquitos Canyon,

the boundary is moved seaward to the five-mile limit as described in

Section 30103 and as specifically shown on map A.

 

* 30200. (a) Consistent with the coastal zone values cited in Section

* 30001 and the basic goals set forth in Section 30001.5, and except

as may be otherwise specifically provided in this division, the

policies of this chapter shall constitute the standards by which the

adequacy of local coastal programs, as provided in Chapter 6

(commencing with Section 30500), and the permissibility of proposed

developments subject to the provisions of this division are

determined. All public agencies carrying out or supporting

activities outside the coastal zone that could have a direct impact

on resources within the coastal zone shall consider the effect of

such actions on coastal zone resources in order to assure that these

policies are achieved.

(b) Where the commission or any local government in implementing

the provisions of this division identifies a conflict between the

policies of this chapter, Section 30007.5 shall be utilized to

resolve the conflict and the resolution of such conflicts shall be

supported by appropriate findings setting forth the basis for the

resolution of identified policy conflicts.

 

* 30210. In carrying out the requirement of Section 4 of Article X of

* the California Constitution, maximum access, which shall be

conspicuously posted, and recreational opportunities shall be

provided for all the people consistent with public safety needs and

the need to protect public rights, rights of private property owners,

and natural resource areas from overuse.

 

 

30211. Development shall not interfere with the public's right of

access to the sea where acquired through use or legislative

authorization, including, but not limited to, the use of dry sand and

rocky coastal beaches to the first line of terrestrial vegetation.

 

 

 

30212. (a) Public access from the nearest public roadway to the

shoreline and along the coast shall be provided in new development

projects except where (1) it is inconsistent with public safety,

military security needs, or the protection of fragile coastal

resources, (2) adequate access exists nearby, or (3) agriculture

would be adversely affected. Dedicated accessway shall not be

required to be opened to public use until a public agency or private

association agrees to accept responsibility for maintenance and

liability of the accessway.

(b) For purposes of this section, "new development" does not

include:

(1) Replacement of any structure pursuant to the provisions of

subdivision (g) of Section 30610.

(2) The demolition and reconstruction of a single-family

residence; provided, that the reconstructed residence shall not

exceed either the floor area, height or bulk of the former structure

by more than 10 percent, and that the reconstructed residence shall

be sited in the same location on the affected property as the former

structure.

(3) Improvements to any structure which do not change the

intensity of its use, which do not increase either the floor area,

height, or bulk of the structure by more than 10 percent, which do

not block or impede public access, and which do not result in a

seaward encroachment by the structure.

(4) The reconstruction or repair of any seawall; provided,

however, that the reconstructed or repaired seawall is not seaward of

the location of the former structure.

(5) Any repair or maintenance activity for which the commission

has determined, pursuant to Section 30610, that a coastal development

permit will be required unless the commission determines that the

activity will have an adverse impact on lateral public access along

the beach.

As used in this subdivision, "bulk" means total interior cubic

volume as measured from the exterior surface of the structure.

(c) Nothing in this division shall restrict public access nor

shall it excuse the performance of duties and responsibilities of

public agencies which are required by Sections 66478.1 to 66478.14,

inclusive, of the Government Code and by Section 4 of Article X of

the California Constitution.

 

 

30212.5. Wherever appropriate and feasible, public facilities,

including parking areas or facilities, shall be distributed

throughout an area so as to mitigate against the impacts, social and

otherwise, of overcrowding or overuse by the public of any single

area.

 

 

30213. Lower cost visitor and recreational facilities shall be

protected, encouraged, and, where feasible, provided. Developments

providing public recreational opportunities are preferred.

The commission shall not: (1) require that overnight room rentals

be fixed at an amount certain for any privately owned and operated

hotel, motel, or other similar visitor-serving facility located on

either public or private lands; or (2) establish or approve any

method for the identification of low or moderate income persons for

the purpose of determining eligibility for overnight room rentals in

any such facilities.

 

30214. (a) The public access policies of this article shall be

implemented in a manner that takes into account the need to regulate

the time, place, and manner of public access depending on the facts

and circumstances in each case including, but not limited to, the

following:

(1) Topographic and geologic site characteristics.

(2) The capacity of the site to sustain use and at what level of

intensity.

(3) The appropriateness of limiting public access to the right to

pass and repass depending on such factors as the fragility of the

natural resources in the area and the proximity of the access area to

adjacent residential uses.

(4) The need to provide for the management of access areas so as

to protect the privacy of adjacent property owners and to protect the

aesthetic values of the area by providing for the collection of

litter.

(b) It is the intent of the Legislature that the public access

policies of this article be carried out in a reasonable manner that

considers the equities and that balances the rights of the individual

property owner with the public's constitutional right of access

pursuant to Section 4 of Article X of the California Constitution.

Nothing in this section or any amendment thereto shall be construed

as a limitation on the rights guaranteed to the public under Section

4 of Article X of the California Constitution.

(c) In carrying out the public access policies of this article,

the commission and any other responsible public agency shall consider

and encourage the utilization of innovative access management

techniques, including, but not limited to, agreements with private

organizations which would minimize management costs and encourage the

use of volunteer programs.

 

* 30220. Coastal areas suited for water-oriented recreational

* activities that cannot readily be provided at inland water areas

shall be protected for such uses.

 

 

30221. Oceanfront land suitable for recreational use shall be

protected for recreational use and development unless present and

foreseeable future demand for public or commercial recreational

activities that could be accommodated on the property is already

adequately provided for in the area.

 

 

30222. The use of private lands suitable for visitor-serving

commercial recreational facilities designed to enhance public

opportunities for coastal recreation shall have priority over private

residential, general industrial, or general commercial development,

but not over agriculture or coastal-dependent industry.

 

 

30222.5. Ocean front land that is suitable for coastal dependent

aquaculture shall be protected for that use, and proposals for

aquaculture facilities located on those sites shall be given

priority, except over other coastal dependent developments or uses.

 

 

 

30223. Upland areas necessary to support coastal recreational uses

shall be reserved for such uses, where feasible.

 

 

30224. Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land.

30230. Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.

  

30231. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

  

30232. Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur.

 30233. (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:

(1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.

(2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.

(3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities shall not exceed 25 percent of the degraded wetland.

(4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

(5) Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

(6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.

(7) Restoration purposes.

(8) Nature study, aquaculture, or similar resource-dependent activities.

(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.

For the purposes of this section, "commercial fishing facilities in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed or improved, where such improvement would create additional berths in Bodega Bay, shall be designed and used for commercial fishing activities.

(d) Erosion control and flood control facilities constructed on watercourses can impede the movement of sediment and nutrients which would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the material removed from these facilities may be placed at appropriate points on the shoreline in accordance with other applicable provisions of this division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a coastal development permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area.

 

30234. Facilities serving the commercial fishing and recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry.

 

30234.5. The economic, commercial, and recreational importance of fishing activities shall be recognized and protected.

  

30235. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollutionproblems and fishkills should be phased out or upgraded where feasible.

 

30236. Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to

(1) necessary water supply projects,

(2) flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or

(3) developments where the primary function is the improvement of fish and wildlife habitat.

 

30237. (a) This section shall apply only to the Bolsa Chica wetlands or a portion thereof in the County of Orange. The County of Orange or any landowner may petition the Department of Fish and Game, on or before October 1, 1983, to prepare a habitat conservation plan. Upon receipt of the petition, the Department of Fish and Game and the State Coastal Conservancy, in cooperation with the county and any landowner, shall jointly prepare a habitat conservation plan in order to carry out the following objectives:

(1) To provide for the conservation of the habitat of fish and wildlife resources.

(2) To anticipate and resolve potential conflicts between the conservation of fish and wildlife resources or their habitat and actions by local, state, or federal agencies and private persons.

(3) To provide for greater certainty and predictability regarding the conservation of fish and wildlife resources and their habitat and regarding private and public activities potentially affecting those resources.

(b) With respect to the preparation of the habitat conservation plan, the Department of Fish and Game shall be the lead agency for wetland identification purposes and the State Coastal Conservancy shall be the lead agency for the purposes of identifying land use alternatives. Upon completion of the habitat conservation plan and on or before July 20, 1984, the Department of Fish and Game and the State Coastal Conservancy shall jointly forward it to the commission for approval. The commission shall approve the plan if it finds it raises no substantial issue as to conformity with the planning and management policies of this chapter. If the plan is approved by the commission, it may be incorporated into the county's local coastal program.

(c) All costs of preparation of the habitat conservation plan, including, but not limited to, additional necessary personnel temporarily appointed by the Department of Fish and Game and the State Coastal Conservancy, shall be paid by the petitioner or petitioners. If additional personnel are necessary, the Department of Finance shall review the requests to ensure that the personnel required will be utilized to carry out only the purposes of this section. If the Department of Finance finds the additional personnel required will be utilized only to carry out the purposes of this section, the temporary appointment requests shall be processed and approved by the Department of Finance in an expedited fashion, in no event longer than 10 working days after the requests are made. Furthermore, these requests for temporary appointments shall be exempt from all state personnel hiring requirements and procedures, except for affirmative action requirements, for the review provided in this subdivision by the Department of Finance, and from any personnel hiring limitations during the time period set forth in this section for the preparation of the habitat conservation plan. 

 

PUBLIC RESOURCES CODE SECTION 30240-30244

30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.

(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. 

 

30241. The maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural and urban land uses through all of the following:

(a) By establishing stable boundaries separating urban and rural areas, including, where necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban land uses.

(b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands where the viability of existing agricultural use is already severely limited by conflicts with urban uses or where the conversion of the lands would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development.

(c) By permitting the conversion of agricultural land surrounded by urban uses where the conversion of the land would be consistent with Section 30250.

(d) By developing available lands not suited for agriculture prior to the conversion of agricultural lands.

(e) By assuring that public service and facility expansions and nonagricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water quality.

(f) By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to subdivision (b), and all development adjacent to prime agricultural lands shall not diminish the productivity of prime agricultural lands.

30241.5. (a) If the viability of existing agricultural uses is an issue pursuant to subdivision (b) of Section 30241 as to any local coastal program or amendment to any certified local coastal program submitted for review and approval under this division, the determination of "viability" shall include, but not be limited to, consideration of an economic feasibility evaluation containing at least both of the following elements:

(1) An analysis of the gross revenue from the agricultural products grown in the area for the five years immediately preceding the date of the filing of a proposed local coastal program or an amendment to any local coastal program.

(2) An analysis of the operational expenses, excluding the cost of land, associated with the production of the agricultural products grown in the area for the five years immediately preceding the date of the filing of a proposed local coastal program or an amendment to any local coastal program.

For purposes of this subdivision, "area" means a geographic area of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the local coastal program or in the proposed amendment to a certified local coastal program.

(b) The economic feasibility evaluation required by subdivision (a) shall be submitted to the commission, by the local government, as part of its submittal of a local coastal program or an amendment to any local coastal program. If the local government determines that it does not have the staff with the necessary expertise to conduct the economic feasibility evaluation, the evaluation may be conducted under agreement with the local government by a consultant selected jointly by local government and the executive director of the commission.

30242. All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands.

30243. The long-term productivity of soils and timberlands shall be protected, and conversions of coastal commercial timberlands in units of commercial size to other uses or their division into units of noncommercial size shall be limited to providing for necessary timber processing and related facilities.

30244. Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required.

* 30250. (a) New residential, commercial, or industrial development, * except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.

(b) Where feasible, new hazardous industrial development shall be located away from existing developed areas.

(c) Visitor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of attraction for visitors.

30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

 

30252. The location and amount of new development should maintain

and enhance public access to the coast by (1) facilitating the

provision or extension of transit service, (2) providing commercial

facilities within or adjoining residential development or in other

areas that will minimize the use of coastal access roads, (3)

providing nonautomobile circulation within the development, (4)

providing adequate parking facilities or providing substitute means

of serving the development with public transportation, (5) assuring

the potential for public transit for high intensity uses such as

high-rise office buildings, and by (6) assuring that the recreational

needs of new residents will not overload nearby coastal recreation

areas by correlating the amount of development with local park

acquisition and development plans with the provision of onsite

recreational facilities to serve the new development.

 

 

30253. New development shall:

(1) Minimize risks to life and property in areas of high geologic,

flood, and fire hazard.

(2) Assure stability and structural integrity, and neither create

nor contribute significantly to erosion, geologic instability, or

destruction of the site or surrounding area or in any way require the

construction of protective devices that would substantially alter

natural landforms along bluffs and cliffs.

(3) Be consistent with requirements imposed by an air pollution

control district or the State Air Resources Control Board as to each

particular development.

(4) Minimize energy consumption and vehicle miles traveled.

(5) Where appropriate, protect special communities and

neighborhoods which, because of their unique characteristics, are

popular visitor destination points for recreational uses.

 

 

30254. New or expanded public works facilities shall be designed

and limited to accommodate needs generated by development or uses

permitted consistent with the provisions of this division; provided,

however, that it is the intent of the Legislature that State Highway

Route 1 in rural areas of the coastal zone remain a scenic two-lane

road. Special districts shall not be formed or expanded except where

assessment for, and provision of, the service would not induce new

development inconsistent with this division. Where existing or

planned public works facilities can accommodate only a limited amount

of new development, services to coastal-dependent land use,

essential public services and basic industries vital to the economic

health of the region, state, or nation, public recreation, commercial

recreation, and visitor-serving land uses shall not be precluded by

other development.

 

 

30254.5. Notwithstanding any other provision of law, the commission

may not impose any term or condition on the development of any

sewage treatment plant which is applicable to any future development

that the commission finds can be accommodated by that plant

consistent with this division. Nothing in this section modifies the

provisions and requirements of Sections 30254 and 30412.

 

 

30255. Coastal-dependent developments shall have priority over

other developments on or near the shoreline. Except as provided

elsewhere in this division, coastal-dependent developments shall not

be sited in a wetland. When appropriate, coastal-related

developments should be accommodated within reasonable proximity to

the coastal-dependent uses they support.

 

* 30260. Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (1) alternative locations are infeasible or more environmentally damaging; (2) to do otherwise would adversely affect the public welfare; and (3) adverse environmental effects are mitigated to the maximum extent feasible.

 

30261. Multicompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible, except where to do so would result in increased tanker operations and associated onshore development incompatible with the land use and environmental goals for the area. New tanker terminals outside of existing terminal areas shall be situated as to avoid risk to environmentally sensitive areas and shall use a monobuoy system, unless an alternative type of system can be shown to be environmentally preferable for a specific site. Tanker facilities shall be designed to (1) minimize the total volume of oil spilled, (2) minimize the risk of collision from movement of other vessels, (3) have ready access to the most effective feasible containment and recovery equipment for oilspills, and (4) have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required.

 

30262. Oil and gas development shall be permitted in accordance

with Section 30260, if the following conditions are met:

(a) The development is performed safely and consistent with the

geologic conditions of the well site.

(b) New or expanded facilities related to such development are consolidated, to the maximum extent feasible and legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of producing wells, support facilities, or sites required to produce the reservoir economically and with minimal environmental impacts.

(c) Environmentally safe and feasible subsea completions are used when drilling platforms or islands would substantially degrade coastal visual qualities unless use of such structures will result in substantially less environmental risks.

(d) Platforms or islands will not be sited where a substantial

hazard to vessel traffic might result from the facility or related

operations, determined in consultation with the United States Coast

Guard and the Army Corps of Engineers.

(e) Such development will not cause or contribute to subsidence

hazards unless it is determined that adequate measures will be

undertaken to prevent damage from such subsidence.

(f) With respect to new facilities, all oilfield brines are

reinjected into oil-producing zones unless the Division of Oil and

Gas of the Department of Conservation determines to do so would

adversely affect production of the reservoirs and unless injection

into other subsurface zones will reduce environmental risks.

Exceptions to reinjections will be granted consistent with the Ocean

Waters Discharge Plan of the State Water Resources Control Board and

where adequate provision is made for the elimination of petroleum

odors and water quality problems.

Where appropriate, monitoring programs to record land surface and

near-shore ocean floor movements shall be initiated in locations of

new large-scale fluid extraction on land or near shore before

operations begin and shall continue until surface conditions have

stabilized. Costs of monitoring and mitigation programs shall be

borne by liquid and gas extraction operators.

 

 

30263. (a) New or expanded refineries or petrochemical facilities not otherwise consistent with the provisions of this division shall be permitted if (1) alternative locations are not feasible or are more environmentally damaging; (2) adverse environmental effects are mitigated to the maximum extent feasible; (3) it is found that not permitting such development would adversely affect the public welfare; (4) the facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas; and (5) the facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property.

(b) New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.

 

 

30264. Notwithstanding any other provision of this division except

subdivisions (b) and (c) of Section 30413, new or expanded thermal

electric generating plants may be constructed in the coastal zone if

the proposed coastal site has been determined by the State Energy

Resources Conservation and Development Commission to have greater

relative merit pursuant to the provisions of Section 25516.1 than

available alternative sites and related facilities for an applicant's

service area which have been determined to be acceptable pursuant to

the provisions of Section 25516.

 

 

30265. The Legislature finds and declares all of the following:

(a) Offshore oil production will increase dramatically in the next

10 years from the current 80,000 barrels per day to over 400,000

barrels per day.

(b) Transportation studies have concluded that pipeline transport

of oil is generally both economically feasible and environmentally

preferable to other forms of crude oil transport.

(c) Oil companies have proposed to build a pipeline to transport

offshore crude oil from central California to southern California

refineries, and to transport offshore oil to out-of-state refiners.

(d) California refineries would need to be retrofitted if

California offshore crude oil were to be used directly as a major

feedstock. Refinery modifications may delay achievement of air

quality goals in the southern California air basin and other regions

of the state.

(e) The County of Santa Barbara has issued an Oil Transportation

Plan which assesses the environmental and economic differences among

various methods for transporting crude oil from offshore California

to refineries.

(f) The Governor should help coordinate decisions concerning the

transport and refining of offshore oil in a manner which considers

state and local studies undertaken to date, which fully addresses the

concerns of all affected regions, and which promotes the greatest

benefits to the people of the state.

 

 

30265.5. (a) The Governor, or the Governor's designee, shall

coordinate activities concerning the transport and refining of

offshore oil. Coordination efforts shall consider public health

risks, the ability to achieve short- and long-term air emission

reduction goals, the potential for reducing California's

vulnerability and dependence on oil imports, economic development and

jobs, and other factors deemed important by the Governor, or the

Governor's designee.

(b) The Governor, or the Governor's designee, shall work with

state and local agencies, and the public, to facilitate the transport

and refining of offshore oil in a manner which will promote the

greatest public health and environmental and economic benefits to the

people of the state.

(c) The Governor, or the Governor's designee, shall consult with

any individual or organization having knowledge in this area,

including, but not limited to, representatives from the following:

(1) State Energy Resources Conservation and Development

Commission.

(2) State Air Resources Board.

(3) California Coastal Commission.

(4) Department of Fish and Game.

(5) State Lands Commission.

(6) Public Utilities Commission.

(7) Santa Barbara County.

(8) Santa Barbara County Air Pollution Control District.

(9) Southern California Association of Governments.

(10) South Coast Air Quality Management District.

(11) Oil industry.

(12) Public interest groups.

(13) United States Department of the Interior.

(14) United States Department of Energy.

(15) United States Environmental Protection Agency.

(16) National Oceanic and Atmospheric Administration.

(17) United States Coast Guard.

(d) This act is not intended, and shall not be construed, to

decrease, duplicate, or supersede the jurisdiction, authority, or

responsibilities of any local government, or any state agency or

commission, to discharge its responsibilities concerning the

transportation and refining of oil.

* 30300. There is in the Resources Agency the California Coastal

* Commission.

 

30301. The commission shall consist of the following 16 members:

(a) The Secretary of the Resources Agency.

(b) The Secretary of the Business and Transportation Agency.

(c) The Secretary of Trade and Commerce.

(d) The Chairperson of the State Lands Commission.

(e) Six representatives of the public from the state at large.

The Governor, the Senate Committee on Rules, and the Speaker of the

Assembly shall each appoint two of these members.

(f) Six representatives selected from six coastal regions. The

Governor shall select one member from the north coast region and one

member from the south central coast region. The Speaker of the

Assembly shall select one member from the central coast region and

one member from the San Diego coast region. The Senate Committee on

Rules shall select one member from the north central coast region and

one member from the south coast region. For purposes of this

division, these regions are defined as follows:

(1) The north coast region consists of the Counties of Del Norte,

Humboldt, and Mendocino.

(2) The north central coast region consists of the Counties of

Sonoma and Marin and the City and County of San Francisco.

(3) The central coast region consists of the Counties of San

Mateo, Santa Cruz, and Monterey.

(4) The south central coast region consists of the Counties of San

Luis Obispo, Santa Barbara, and Ventura.

(5) The south coast region consists of the Counties of Los Angeles

and Orange.

(6) The San Diego coast region consists of the County of San

Diego.

 

30301.2. (a) The appointments of the Governor, the Senate Committee

on Rules, and the Speaker of the Assembly, pursuant to subdivision

(f) of Section 30301, shall be made as prescribed in this section.

Within 45 days from the date of receipt of a request for nominations

by the appointing authority, the board of supervisors and city

selection committee of each county within the region shall nominate

supervisors or city council members who reside in the region from

which the Governor, the Senate Committee on Rules, or the Speaker of

the Assembly shall appoint a replacement. In regions composed of

three counties, the board of supervisors and the city selection

committee in each county within the region shall each nominate one or

more supervisors and one or more city council members. In regions

composed of two counties, the board of supervisors and the city

selection committee in each county within the region shall each

nominate not less than two supervisors and not less than two city

council members. In regions composed of one county, the board of

supervisors and the city selection committee in the county shall each

nominate not less than three supervisors and not less than three

city council members. Immediately upon selecting the nominees, the

board of supervisors and the city selection committee shall send the

names of the nominees to either the Governor, the Senate Committee on

Rules, or the Speaker of the Assembly, whoever will appoint the

replacement.

(b) Within 30 days from the date of receipt of the names of the

nominees pursuant to subdivision (a), the Governor, the Speaker of

the Assembly, or the Senate Committee on Rules, whoever will appoint

the replacement, shall either appoint one of the nominees or notify

the boards of supervisors and city selection committees within the

region that none of the nominees are acceptable and request the

boards of supervisors and city selection committees to make

additional nominations. Within 45 days from the date of receipt of

a notice rejecting all the nominees, the boards of supervisors and

city selection committees within the region shall nominate and send

to the appointing authority the names of additional nominees in

accordance with subdivision (a). Upon receipt of the names of those

additional nominees, the appointing authority shall appoint one of

the nominees.

 

30301.5. Members of the commission serving under subdivision (a),

(b), (c), or (d) of Section 30301 shall be nonvoting members and may

appoint a designee to serve at his or her pleasure who shall have all

the powers and duties of the member pursuant to this division.

 

 

30304. Any member of the commission may, subject to the

confirmation of his or her appointing power, appoint an alternate

member to represent him or her at any commission meeting. An

alternate may serve prior to confirmation for a period not to exceed

90 days from the date of appointment unless and until confirmation is

specifically refused. The alternate shall serve at the pleasure of

the member who appointed him or her and shall have all the powers and

duties as a member of the commission, except that the alternate

shall only participate and vote in meetings in the absence of the

member who appointed him or her.

All provisions of law relating to conflicts of interest that are

applicable to a member shall apply to an alternate member. Whenever

a member has, or is known to have, a conflict of interest on any

matter, the member's alternate is not eligible to vote on that

matter.

 

 

30305. Except as otherwise provided in this division, the

commission shall succeed to any and all obligations, powers, duties,

responsibilities, benefits, or legal interests of regional coastal

commissions which existed prior to July 1, 1981.

 

* 30310. (a) It is the intent of the Legislature to provide, to the

* maximum extent possible, for a smooth transition and continuity

between the coastal program established by the California Coastal

Zone Conservation Act of 1972 (commencing with Section 27000) and

this division. Except with respect to appointments made pursuant to

subdivision (e) of Section 30301, at least one-half of each of the

commission and regional commission member appointments by the

Governor, the Senate Rules Committee, and the Speaker of the Assembly

shall be persons who on November 30, 1976, were serving as members

of the California Coastal Zone Conservation Commission or regional

coastal zone conservation commissions established by the California

Coastal Zone Conservation Act of 1972 (commencing with Section

27000), unless such persons are not available for such appointment.

(b) In making their appointments pursuant to this division, the

Governor, the Senate Rules Committee, and the Speaker of the Assembly

shall make good faith efforts to assure that their appointments, as

a whole, reflect, to the greatest extent feasible, the economic,

social, and geographic diversity of the state.

 

 

30310.5. No provision of this division or any other law, including

any doctrine of common law, shall preclude or prevent the

appointment, as a public member, to the commission of any person who

is not a locally elected official.

 

30312. The terms of office of commission members shall be as

follows:

(a) Any person qualified for membership because he or she holds a

specified office as a locally elected official shall serve at the

pleasure of his or her selecting or appointing authority. However,

the membership shall cease 60 days after his or her term of office as

a locally elected official ceases, or when a person has been

appointed to fill that position by the appropriate appointing

authority, if that occurs sooner.

(b) Any member appointed by the Governor, the Senate Rules

Committee, or the Speaker of the Assembly shall serve for two years

at the pleasure of their appointing power, provided that the members

may continue to serve beyond the two-year term until their appointing

power has acted and the appointee is authorized to sit and serve on

the commission. These members may be reappointed for succeeding

two-year periods.

 

 

30313. (a) Vacancies that occur shall be filled within 30 days

after the occurrence of the vacancy, and shall be filled in the same

manner in which the vacating member was selected or appointed.

(b) The executive director of the commission shall notify the

appropriate appointing authority of any expected vacancies on the

commission. If the expected vacancy is a person qualified for

membership because he or she holds a specified office as a locally

elected official, whose term of office as a locally elected official

is expected to expire or has expired, then the appointing authority

shall notify the boards of supervisors and city selection committees

of each county within the affected region of the expected vacancy.

 

 

 

30314. Except as provided in this section, members or alternates of

the commission shall serve without compensation but shall be

reimbursed for actual and necessary expenses incurred in the

performance of their duties to the extent that reimbursement for

those expenses is not otherwise provided or payable by another public

agency or agencies, and shall receive fifty dollars ($50) for each

full day of attending meetings of the commission. In addition,

members or alternates of the commission shall receive twelve dollars

and fifty cents ($12.50) for each hour actually spent in preparation

for a commission meeting; provided, however, that for each meeting no

more than eight hours of preparation time shall be compensated as

provided herein.

An alternate shall be entitled to payment and reimbursement for

the necessary expenses incurred in participating in commission

meetings; provided, however, that only the member or his or her

alternate shall receive that payment and reimbursement, and if both

the member and alternate prepare for, attend, and participate in any

portion of a commission meeting, only the alternate shall be entitled

to that payment and reimbursement.

For the purposes of this section, "full day of attending a meeting"

means presence at, and participation in, not less than 60 percent of

the total meeting time of the commission during any particular

24-hour period.

 

30315. The commission shall meet at least once a month at a place

convenient to the public. All meetings of the commission shall be

open to the public.

A majority of the total appointed membership of the commission

shall constitute a quorum. Any action taken by the commission under

this division requires a majority vote of the members present at the

meeting of the commission, with a quorum being present, unless

otherwise specifically provided for in this division.

 

 

30315.1. Adoption of findings for any action taken by the

commission requires a majority vote of the members from the

prevailing side present at the meeting of the commission, with a

least three of the prevailing members present and voting.

 

 

 

30316. The commission shall elect a chairperson and vice

chairperson from among its members.

 

 

30317. The headquarters of the commission shall be in a coastal

county, but it may meet and may exercise any or all of its powers in

any part of the state. The commission may maintain regional offices,

if it finds that accessibility to, and participation by, the public

will be better served or that the provisions of this division can be

implemented more efficiently through the maintenance of those

offices.

 

 

30318. Nothing in this division shall preclude or prevent any

member or employee of the commission who is also an employee of

another public agency, a county supervisor or city councilperson,

member of the Association of Bay Area Governments, member of the

Association of Monterey Bay Area Governments, delegate to the

Southern California Association of Governments, or member of the San

Diego Comprehensive Planning Organization, and who has in that

designated capacity voted or acted upon a particular matter, from

voting or otherwise acting upon that matter as a member or employee

of the commission. Nothing in this section shall exempt any such

member or employee of the commission from any other provision of this

article.

 

 

30319. Any person who applies to the commission for approval of a

development permit shall provide the commission with the names and

addresses of all persons who, for compensation, will be communicating

with the commission or commission staff on the applicant's behalf or

on behalf of the applicant's business partners. That disclosure

shall be provided to the commission prior to any such communication.

Failure to comply with that disclosure requirement is a misdemeanor

and, upon conviction, the person shall be punished by a fine of five

thousand dollars ($5,000) or imprisonment in the county jail not

exceeding six months, and, in addition, shall be subject to immediate

denial of the permit.

 

30319.5. An applicant whose permit is denied due to his or her

failure to comply with Section 30319 may not apply to the commission

for approval of an identical or similar project for two years from

the date of the permit denial.

* 30320. (a) The people of California find and declare that the duties, responsibilities, and quasi-judicial actions of the commission are sensitive and extremely important for the well-being of current and future generations and that the public interest and principles of fundamental fairness and due process of law require that the commission conduct its affairs in an open, objective, and impartial manner free of undue influence and the abuse of power and authority. It is further found that, to be effective, California's coastal protection program requires public awareness, understanding, support, participation, and confidence in the commission and its practices and procedures. Accordingly, this article is necessary to preserve the public's welfare and the integrity of, and to maintain the public's trust in, the commission and the implementation of this division.

(b) The people of California further find that in a democracy, due process, fairness, and the responsible exercise of authority are all essential elements of good government which require that the public' s business be conducted in public meetings, with limited exceptions for sensitive personnel matters and litigation, and on the official record. Reasonable restrictions are necessary and proper to prevent future abuses and misuse of governmental power so long as all members of the public are given adequate opportunities to present their views and opinions to the commission through written or oral communications on the official record either before or during the public hearing on any matter before the commission. 

 

30321. For purposes of this article, "a matter within the commission's jurisdiction" means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission. 

 

30322. (a) For purposes of this article, except as provided in

subdivision (b), an "ex parte communication" is any oral or written

communication between a member of the commission and an interested

person, about a matter within the commission's jurisdiction, which

does not occur in a public hearing, workshop, or other official

proceeding, or on the official record of the proceeding on the

matter.

(b) The following communications are not ex parte communications:

(1) Any communication between a staff member acting in his or her

official capacity and any commission member or interested person.

(2) Any communication limited entirely to procedural issues,

including, but not limited to, the hearing schedule, location,

format, or filing date.

(3) Any communication which takes place on the record during an

official proceeding of a state, regional, or local agency that

involves a member of the commission who also serves as an official of

that agency.

(4) Any communication between a member of the commission, with

regard to any action of another state agency or of a regional or

local agency of which the member is an official, and any other

official or employee of that agency, including any person who is

acting as an attorney for the agency.

(5) Any communication between a nonvoting commission member and a

staff member of a state agency where both the commission member and

the staff member are acting in an official capacity.

(6) Any communication to a nonvoting commission member relating to

an action pending before the commission, where the nonvoting

commission member does not participate in that action, either through

written or verbal communication, on or off the record, with other

members of the commission.

 

 

30323. For purposes of this article, an "interested person" is any

of the following:

(a) Any applicant, an agent or an employee of the applicant, or a

person receiving consideration for representing the applicant, or a

participant in the proceeding on any matter before the commission.

(b) Any person with a financial interest, as described in Article

1 (commencing with Section 87100) of Chapter 7 of Title 9 of the

Government Code, in a matter before the commission, or an agent or

employee of the person with a financial interest, or a person

receiving consideration for representing the person with a financial

interest.

(c) A representative acting on behalf of any civic, environmental, neighborhood, business, labor, trade, or similar organization who intends to influence the decision of a commission member on a matter before the commission.

 

30324. (a) No commission member, nor any interested person, shall

conduct an ex parte communication unless the commission member fully

discloses and makes public the ex parte communication by providing a

full report of the communication to the executive director within

seven days after the communication or, if the communication occurs

within seven days of the next commission hearing, to the commission

on the record of the proceeding at that hearing.

(b) (1) The commission shall adopt standard disclosure forms for

reporting ex parte communications which shall include, but not be

limited to, all of the following information:

(A) The date, time, and location of the communication.

(B) The identity of the person or persons initiating and the

person or persons receiving the communication.

(C) A complete description of the content of the communication,

including the complete text of any written material that was a part

of the communication.

(2) The executive director shall place in the public record any

report of an ex parte communication.

(c) Communications shall cease to be ex parte communications when

fully disclosed and placed in the commission's official record.

 

 

 

30325. Nothing in this article prohibits any person or any

interested person from testifying at a commission hearing, workshop,

or other official proceeding, or from submitting written comments for

the record on a matter before the commission. Written comments

shall be submitted by mail or delivered to a commission office, or

may be delivered to the commission at the time and place of a

scheduled hearing.

 

 

30326. Any person, including a commission member, may request the

commission staff to conduct a workshop on any matter before the

commission or on any subject that could be useful to the commission.

When the executive director determines that a request is appropriate

and feasible, a workshop shall be scheduled at an appropriate time

and location.

 

 

30327. (a) No commission member or alternate shall make,

participate in making, or any other way attempt to use his or her

official position to influence a commission decision about which the

member or alternate has knowingly had an ex parte communication that

has not been reported pursuant to Section 30324.

(b) In addition to any other applicable penalty, including a civil

fine imposed pursuant to Section 30824, a commission member who

knowingly violates this section shall be subject to a civil fine, not

to exceed seven thousand five hundred dollars ($7,500).

Notwithstanding any law to the contrary, the court may award

attorneys' fees and costs to the prevailing party.

 

 

30328. If a violation of this article occurs and a commission

decision may have been affected by the violation, an aggrieved

person, as described in Section 30801, may seek a writ of mandate

from a court requiring the commission to revoke its action and rehear

the matter.

 

 

30329. Notwithstanding Section 11425.10 of the Government Code, the

ex parte communications provisions of the Administrative Procedure

Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of

Part 1 of Division 3 of Title 2 of the Government Code) do not apply

to proceedings of the California Coastal Commission under this

division.

 

* 30330. The commission, unless specifically otherwise provided,

* shall have the primary responsibility for the implementation of the

provisions of this division and is designated as the state coastal

zone planning and management agency for any and all purposes, and may

exercise any and all powers set forth in the Federal Coastal Zone

Management Act of 1972 (16 U.S.C. 1451, et seq.) or any amendment

thereto or any other federal act heretofore or hereafter enacted that

relates to the planning or management of the coastal zone.

In addition to any other authority, the commission may, except for

a facility defined in Section 25110, grant or issue any certificate

or statement required pursuant to any such federal law that an

activity of any person, including any local, state, or federal

agency, is in conformity with the provisions of this division. With

respect to any project outside the coastal zone that may have a

substantial effect on the resources within the jurisdiction of the

San Francisco Bay Conservation and Development Commission,

established pursuant to Title 7.2 (commencing with Section 66600) of

the Government Code, and for which any certification is required

pursuant to the Federal Coastal Zone Management Act of 1972 (16

U.S.C. 1451, et seq.), such certification shall be issued by the Bay

Conservation and Development Commission; provided however, the

commission may review and submit comments for any such project which

affects resources within the coastal zone.

 

 

30331. The commission is designated the successor in interest to

all remaining obligations, powers, duties, responsibilities,

benefits, and interests of any sort of the California Coastal Zone

Conservation Commission and of the six regional coastal zone

conservation commissions established by the California Coastal Zone

Conservation Act of 1972 (commencing with Section 27000).

 

 

30333. Except as provided in Section 18930 of the Health and Safety

Code, the commission may adopt or amend, by vote of a majority of

the appointed membership thereof, rules and regulations to carry out

the purposes and provisions of this division, and to govern

procedures of the commission.

Except as provided in Section 18930 of the Health and Safety Code

and paragraph (3) of subdivision (a) of Section 30620, these rules

and regulations shall be adopted in accordance with the provisions of

Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3

of Title 2 of the Government Code. These rules and regulations shall

be consistent with this division and other applicable law.

 

 

30333.1. (a) The commission shall, within six months of the

effective date of this section, review its regulations and procedures

and determine what revisions, if any, are necessary and appropriate

to simplify and expedite the review of any matter that is before the

commission for action pursuant to this division. The commission

shall, within 60 days thereafter, implement any such revisions it

determines to be appropriate, including, but not limited to, a

simplified application form for development pursuant to which a

permit could be issued pursuant to Section 30624 and procedures that

allow reasonable rebuttal time prior to the final vote for both

applicants and appellants, if either so requests, in permit matters

where new factual material is brought up and where equity would not

be served unless such person is provided that rebuttal opportunity.

(b) After the initial review required by this section has been

completed, the commission shall thereafter periodically conduct

similar reviews so that its regulations and procedures may continue

to be as simple and expeditious as practicable.

 

 

30333.2. Notwithstanding any other provision of this code or of law

and except as provided in the State Building Standards Law, Part 2.5

(commencing with Section 18900) of Division 13 of the Health and

Safety Code, on and after January 1, 1980, the commission shall not

adopt nor publish a building standard as defined in Section 18909 of

the Health and Safety Code unless the provisions of Sections 18930,

18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety

Code are expressly excepted in the statute under which the authority

to adopt rules, regulations, or orders is delegated. Any building

standard adopted in violation of this section shall have no force or

effect. Any building standard adopted before January 1, 1980,

pursuant to this code and not expressly excepted by statute from

those provisions of the State Building Standards Law shall remain in

effect only until January 1, 1985, or until adopted, amended, or

superseded by provisions published in the State Building Standards

Code, whichever occurs sooner. Any building standard expressly

required by a provision of federal law specifically requiring that

building standard shall be adopted and published in the State

Building Standards Code within the time required by federal law.

 

 

30334. The commission may do the following:

(a) Contract for any private professional or governmental

services, if the work or services cannot be satisfactorily performed

by its employees.

(b) Sue and be sued. The Attorney General shall represent the

commission in any litigation or proceeding before any court, board,

or agency of the state or federal government.

 

 

30334.5. In addition to the authority granted by Section 30334, the

commission may apply for and accept grants, appropriations, and

contributions in any form.

 

 

30335. The commission shall appoint an executive director who shall

be exempt from civil service and shall serve at the pleasure of his

or her appointing power. The commission shall prescribe the duties

and salaries of the executive director, and, consistent with

applicable civil service laws, shall appoint and discharge any

officer, house staff counsel, or employee of the commission as it

deems necessary to carry out the provisions of this division.

 

 

30335.1. The commission shall provide for appropriate employees on

the staff of the commission to assist applicants and other interested

parties in connection with matters which are before the commission

for action. The assistance rendered by those employees shall be

limited to matters of procedure and shall not extend to advice on

substantive issues arising out of the provisions of this division,

such as advice on the manner in which a proposed development might be

made consistent with the policies specified in Chapter 3 (commencing

with Section 30200).

 

 

30335.5. (a) The commission shall, if it determines that it has

sufficient resources, establish one or more scientific panels to

review technical documents and reports and to give advice and make

recommendations to the commission prior to making decisions requiring

scientific expertise and analysis not available to the commission

through its staff resources. It is the intent of the Legislature

that the commission base any such technical decisions on scientific

expertise and advice. The panel or panels may be composed of, but

not limited to, persons with expertise and training in marine

biology, fisheries, geology, coastal geomorphology, geographic

information systems, water quality, hydrology, ocean and coastal

engineering, economics, and social sciences.

(b) Members of a panel, while performing duties required by this

division or by the commission, shall be entitled to the same rights

and immunities granted public employees by Article 3 (commencing with

Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of

the Government Code. Those rights and immunities shall attach to the

member as of the date of appointment of the person to the panel.

(c) The commission is encouraged to seek funding from any

appropriate public or private source, and may apply for and expend

any grant or endowment funds, for the purposes of this section. Any

funding made available to the commission for these purposes shall be

reported to the fiscal committee of each house of the Legislature at

the time the commission's budget is being formally reviewed.

(d) The commission is encouraged to utilize innovative techniques

to increase effective communication between the commission and the

scientific community, including the use of existing grant programs

and volunteers, in order to improve and strengthen the technical

basis of its planning and regulatory decisions.

 

 

30336. The commission shall, to the maximum extent feasible, assist

local governments in exercising the planning and regulatory powers

and responsibilities provided for by this division where the local

government elects to exercise those powers and responsibilities and

requests assistance from the commission, and shall cooperate with and

assist other public agencies in carrying out this division.

Similarly, every public agency, including regional and state agencies

and local governments, shall cooperate with the commission and

shall, to the extent their resources permit, provide any advice,

assistance, or information the commission may require to perform its

duties and to more effectively exercise its authority.

 

 

 

30337. The commission shall, where feasible, and in cooperation

with the affected agency, establish a joint development permit

application system and public hearing procedures with permit issuing

agencies.

 

30338. By May 1, 1977, the commission, after full consultation with

the State Water Resources Control Board, shall adopt regulations for

the timing of its review of proposed treatment works pursuant to the

provisions of subdivision (c) of Section 30412.

 

 

30339. The commission shall:

(a) Ensure full and adequate participation by all interested

groups and the public at large in the commission's work program.

(b) Ensure that timely and complete notice of commission meetings

and public hearings is disseminated to all interested groups and the

public at large.

(c) Advise all interested groups and the public at large as to

effective ways of participating in commission proceedings.

(d) Recommend to any local government preparing or implementing a

local coastal program and to any state agency that is carrying out

duties or responsibilities pursuant to this division, additional

measures to assure open consideration and more effective public

participation in its programs or activities.

 

 

30340. The commission shall manage and budget any funds that may be

appropriated, allocated, granted, or in any other way made available

to the commission for expenditure.

 

 

30340.5. (a) It is the policy of the state that no less than 50

percent of funds received by the state from the federal government

pursuant to the Federal Coastal Zone Management Act of 1972 (16

U.S.C. Section 1451, et seq.), shall be used for the preparation,

review, approval, certification, and implementation of local coastal

programs.

(b) Any local government subject to this division may claim

reimbursement of costs incurred as a direct result of the operation

of or any requirement promulgated pursuant to this division.

Notwithstanding any other provision of law, claims for reimbursement

of mandated costs directly attributable to the operation of this

division shall only be submitted, reviewed, and approved in the

manner set forth in this section.

(c) Claims pursuant to this section shall be submitted to the

executive director of the commission no later than September 30. The

executive director shall review the claims in accordance with the

provisions of this section and shall submit all the claims to the

Controller within 60 days after receipt of a claim but in no event

later than November 30.

(d) All claims submitted pursuant to this section shall be filed

on forms approved and prepared by the commission in consultation with

the Controller. The forms shall specify the information needed to

enable the executive director of the commission and the Controller to

make the determinations required by subdivision (e). The forms

shall clearly set forth information requirements for the evaluation

of the following categories of costs:

(1) Costs for work relating to the preparation, review, and

approval of local coastal programs or any portion thereof.

(2) Costs for work which is not covered by paragraph (1).

The claim forms required by this section shall provide for claims

of actual costs incurred during the fiscal year preceding submittal

and for the costs the claimant local government estimates will be

incurred during the then current fiscal year.

(e) The executive director shall review and evaluate each claim

submitted pursuant to this section and shall determine whether:

(1) The costs claimed are not paid for or reimbursed from any

other source of state or federal funding.

(2) The costs are for work which is the direct result of and is

mandated by the operation of this division or by the commission or

whether the work is optional.

(3) With respect to costs specified in paragraph (1) of

subdivision (d), the work done or to be done is reasonable and

necessary for the preparation and approval of a local coastal program

pursuant to a local coastal program work program approved by the

commission, or for work which is not part of an approved work program

if the work can be shown to be necessary for the completion of a

certifiable local coastal program or if new information or other

circumstances cause the commission to require that the work be

carried out.

(f) The executive director of the commission shall submit to the

Controller, on behalf of each claimant local government, all claims

submitted pursuant to this section together with his or her

recommendation whether the Controller should allow or deny, in whole

or in part, the claim. The executive director's recommendation shall

be based on his or her determinations made pursuant to subdivision

(e). If the executive director fails to make a recommendation by the

time claims are required to be submitted to the Controller as

provided in subdivision (c), the executive director is deemed to have

recommended approval of the claim.

(g) Section 2231 of the Revenue and Taxation Code shall apply to

claims filed pursuant to this section. However, where a conflict

between Section 2231 of the Revenue and Taxation Code and this

section occurs, the conflict shall be resolved in a manner that best

carries out the purposes of this section. The Controller shall apply

the criteria of subdivision (e) in determining whether to allow or

deny, in whole or in part, any claim and shall consider the

recommendations of the executive director of the commission.

 

 

30340.6. (a) It is the intent of the Legislature that all costs

mandated by the operation of this division be paid either with state

or federal funds or both. The Legislature hereby declares that

Section 30340.5 is designed to ensure that local governments are paid

for legitimate claims for costs mandated by this division or the

commission, costs for work which is not optional, and costs which are

not otherwise reimbursed.

(b) In the event a claimed mandated cost has been approved by the

Controller pursuant to Section 30340.5 and the Legislature fails to

appropriate the funds to pay such claims by special legislation or in

the annual state budget for the fiscal year following approval of

such claims by the Controller, except the date specified in Section

30518, any dates specified in this division or by order of the

commission for the submission of a local coastal program or any

portion thereof or for the performance of any task or duty by a

claimant local government whose approved claim has not been paid

shall, at the request of such claimant local government, be postponed

by the number of years elapsing between such specified date and the

year in which the funds to pay the approved claim are provided.

(c) The provisions of subdivision (b) shall not apply to any local

government if the Legislature determines that such local government'

s claim should not be paid because such claim is not of the type

intended to be subject to reimbursement pursuant to Section 30340.5.

 

 

30341. The commission may prepare and adopt any additional plans

and maps and undertake any studies it determines to be necessary and

appropriate to better accomplish the purposes, goals, and policies of

this division; provided, however, that the plans and maps shall

only be adopted after public hearing.

 

 

30342. The commission shall evaluate progress being made toward

implementation of the provisions of this division and shall submit a

report to the Governor and Legislature on January 1st of every other

year, commencing on January 1, 1979.

 

 

30343. (a) The Legislature finds that scientific studies and

technical data relevant to resources located within the coastal zone

and the Outer Continental Shelf are often fragmented, uncoordinated,

and stored in widely dispersed places. The Legislature hereby finds

and declares that in order to provide state and local government

agencies with integrated, coordinated studies and data widely needed

to carry out consistency review in regard to the federal Outer

Continental Shelf oil leasing policies and programs and for local

governments to implement their local coastal programs, it is

necessary to provide a central storage and clearinghouse facility.

(b) The commission shall, not later than July 1, 1984, establish a

coastal resource information center. The center shall develop a

pilot program that will do the following:

(1) Store existing studies and data pertaining to marine,

estuarine, and terrestrial environments.

(2) Integrate and coordinate the material to provide a referral

service for ongoing studies and a data base for policy decisions.

(3) Carry out those functions through the use of an automated data

storage and retrieval system, tying in with existing compatible

systems.

(c) The center shall produce reports free of charge, where

feasible, and where it is not feasible, at a reasonable cost, to any

governmental agency, and at a reasonable cost to members of the

private sector, in order to further the wise use of all relevant

knowledge and to avoid costly duplication of studies and data

gathering.

(d) The commission shall utilize innovative techniques for the

establishment of the center. To this end, the commission is

encouraged to enlist the voluntary assistance of private and public

organizations with appropriate expertise. In addition, the

commission shall seek grants from private and public institutions to

augment its limited funding.

 

30344. (a) The Legislature hereby finds and declares that the coastal zone is one of its most precious natural resources, rich in diversity of living and nonliving resources and in the wide range of opportunities it provides for the use and conservation by the people of this state and nation. The Legislature further finds that, in order to promote the wise use of coastal resources for, among other things, recreation, habitat conservation, educational, and scientific study, the production of food and fiber, residential purposes, and economic growth, it is necessary to provide the public with an informative and educational guide to coastal resources.

(b) The commission shall, not later than July 1, 1984, prepare a guide to coastal resources. The guide shall include, but not be limited to, the following components:

(1) An inventory of the natural resources which are of environmental, social, economic, and educational importance to the public. The inventory shall include a description of the resources, their location, and their significance to the people and the natural environment.

(2) An inventory of manmade resources of cultural, historic,

economic, and educational importance to the public. The inventory

shall focus on those resources which, by virtue of their location in

or near the coastal zone, take on a special character or which,

because of their nature, require a coastal location. The inventory

shall include a description of the resource and any historic,

educational, and technical notes of interest.

(3) A listing of public and private entities having responsibility

for the planning, management, use, and restoration of the coastal

resources and how interested persons can contact those entities for

further information about their projects and programs.

The purpose of this guide shall be to contribute to a better

understanding by the public of the importance of coastal resources,

both to the quality of life for people and to the maintenance of a

healthy and productive natural environment. The guide shall be

sensitive to the need for a balanced approach to the conservation and

use of coastal resources, to the rights and responsibilities of

individuals and the public in the protection and use of these

resources, and the need to limit human use of some resources in order

to avoid their degradation or destruction. The guide shall not be

a policy guide, but rather it shall be an educational tool to

increase the public understanding and appreciation of the value of

California's coastal resources.

(c) The commission shall utilize innovative techniques for the

preparation, production, and distribution of the guide so as to

minimize costs to the public. To this end, the commission is

encouraged to enlist the voluntary assistance of private and public

organizations with appropriate expertise. In addition, the

commission shall seek grants from private and public institutions to

augment its limited funding.

Notwithstanding Section 14850 of the Government Code or any other

provision of law, the commission may contract for the production of

this guide with any public or private entity in order to meet the

objective of this section.

(d) The guide shall be written and illustrated so as to be easily

understood by the general public and shall be set forth in a format

that ensures its usefulness.

(e) The guide shall be made available to the public at a

reasonable cost.

* 30350. (a) It is the policy of the state that local governments be

* paid their legitimate costs, from either state or federal funds, for

the implementation of certified local coastal programs; provided,

however, that such payment shall only be available for those costs

directly attributable to the operation of a certified local coastal

program and which costs would not have been incurred but for such

local coastal program and which costs are not of a nature which would

normally be incurred by such local government in carrying out its

land use planning and regulatory responsibilities pursuant to any

provision of law other than this division.

(b) Notwithstanding any other provision of law to the contrary,

claims for payment of costs directly attributable to the operation

and implementation of a certified local coastal program shall only be

submitted, reviewed, and approved in the manner set forth in, and

pursuant to the provisions of, this article.

(c) The provisions of this article are intended to establish a

procedure that ensures the orderly and carefully monitored

expenditure of limited public funds for payment of such costs, the

incurring of which is hereby recognized as being in the interest of

all the people of this state because they carry out state policies

for the wise, long-term conservation and use of coastal resources.

 

 

 

30351. The commission shall, not later than July 1, 1980, prepare

and adopt procedures for the issuance and management of local coastal

program implementation grants. The purpose of the grants program is

to provide, to the extent funds are available, financial assistance

for local governments and, in cases the commission deems appropriate,

other public agencies to carry out certified local coastal programs.

The procedures required by this section shall specify, consistent

with the criteria set forth in subdivision (a) of Section 30350, the

categories of expenditures eligible for implementation grants and

shall include procedures for application, review, approval, and

disbursement of grant funds.

 

30352. (a) Any local government carrying out its certified local

coastal programs may, upon the delegation of the development review

authority pursuant to Section 30519, claim reimbursement of costs

incurred for the implementation of such local coastal program if

costs have not been provided in an implementation grant issued

pursuant to Section 30351.

(b) Claims made pursuant to this article shall be submitted to the

executive director of the commission not later than September 30

immediately following the fiscal year during which the claimed costs

were incurred. The executive director shall review such claims in

accordance with the provisions of this article and shall submit all

such claims to the Controller within 60 days after receipt of a

claim, but in no event later than November 30.

(c) All claims submitted pursuant to this section shall be filed

on forms approved and prepared by the commission in consultation with

the Controller. Such forms shall specify the information needed to

enable the executive director of the commission and the Controller to

make the determinations required by Section 30353. The claim forms

required by this section shall provide for claims of actual costs

incurred during the fiscal year preceding submittal and for the costs

the claimant local government estimates will be incurred during the

then-current fiscal year.

 

 

30353. Payment for costs claimed pursuant to this article shall be

made only for costs which, but for the operation of a certified local

coastal program, would not have been incurred by the claimant local

government and if the following criteria are met:

(a) Costs for establishing a regulatory program to implement a

certified local coastal program, including costs for the preparation

and printing of public information materials, application forms,

establishing new procedures, and staff training are payable. The

costs specified in this subdivision include initial startup costs

incurred over a period not to exceed one year from the date a

certified local coastal program has been adopted for implementation

by the appropriate local government.

(b) A fixed payment not to exceed ten dollars ($10) per permit

application for any development subject to a certified local coastal

program may be claimed and paid. The payment specified in this

subdivision is intended to cover general costs, including costs for

public notice, notice and submittal of files to the commission, and

appearances before the commission.

(c) Other costs of processing and reviewing coastal development

permits pursuant to a certified local coastal program shall normally

not be eligible for reimbursement because these types of activities

should either be incorporated within the routine regulatory process

of the local government or, at the discretion of such local

government, be paid for from reasonable permit fees. A local

government may, however, request payment for increased regulatory

costs if it can show that either or both of the following special

circumstances apply within its jurisdiction:

(1) In jurisdictions with a population of less than 10,000, the

existing regulatory program of the local government is not capable of

processing and reviewing additional coastal development permits

pursuant to a certified local coastal program and where such

increased costs could not reasonably be expected to be covered by

permit fees.

(2) The regulatory program included in a certified local coastal

program requires the discharge of resource management functions that

exceed the level of regulatory review normally required or undertaken

by the local government.

(d) Costs for enforcement of regulatory requirements that are

directly related to local coastal program implementation, such as

ensuring compliance with coastal development permit terms and

conditions, are payable, if the enforcement activities are not of a

type routinely undertaken or of a type required by law as part of the

affected local government's normal regulatory responsibilities.

(e) Litigation costs which, but for the operation of a certified

local coastal program, would not have been incurred may be paid.

Where an action is brought against a local government and such action

states as a principal cause of action the operation of such local

government's local coastal program and the local government prevails

in such action, litigation costs may be paid to the extent such costs

are not assessed against the party bringing the action. Where the

local government loses such action primarily on grounds it has failed

to properly carry out its certified local coastal program,

litigation costs shall not be paid.

(f) If additional planning is required by the commission as a

condition of its certification of any local coastal program, costs

for such additional planning are payable.

 

 

30354. (a) The executive director of the commission shall review

and evaluate each claim submitted pursuant to this article and shall

determine whether:

(1) The costs claimed meet the requirements of this article.

(2) The costs claimed are not paid for or reimbursed from any

other source of state or federal funding.

(3) The claimed costs are reasonable for the implementation of a

certified local coastal program.

(b) The executive director of the commission shall submit to the

Controller, on behalf of each claimant local government, all claims

submitted pursuant to this section together with his or her

recommendation whether the Controller should allow or deny, in whole

or in part, the claim. A copy of each claim shall also be sent to

the claimant local government at the time such claim is submitted to

the Controller. The executive director's recommendation shall be

based on his or her determinations made pursuant to this article. If

the executive director fails to make a recommendation by the time

claims are required to be submitted to the Controller, as provided in

subdivision (b) of Section 30352, the executive director shall be

deemed to have recommended approval of the claim.

(c) The provisions of Section 2231 of the Revenue and Taxation

Code shall apply to claims filed pursuant to this article; provided,

however, that where a conflict between Section 2231 of the Revenue

and Taxation Code and this article occurs, such conflict shall be

resolved in a manner that best carries out the purposes of this

article. The Controller shall apply the criteria of this article in

determining whether to allow or deny, in whole or in part, any such

claim and shall consider the recommendations of the executive

director of the commission.

 

 

30355. As used in this article, "certified local coastal program"

means any portion of a local coastal program that has been certified.

* UBLIC RESOURCES CODE SECTION 30400-30404

* 30400. It is the intent of the Legislature to minimize duplication

* and conflicts among existing state agencies carrying out their

regulatory duties and responsibilities.

In the absence of a specific authorization set forth in this

division or any other provision of law or in an agreement entered

into with the commission, no state agency, including the Office of

Planning and Research, shall exercise any powers or carry out any

duties or responsibilities established by this division or by the

Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)

or any amendment thereto. The Director of the Office of Planning and

Research shall, in carrying out his or her duties as set forth in

Section 30415, ensure that the provisions of this section are carried

out.

 

30401. Except as otherwise specifically provided in this division,

enactment of this division does not increase, decrease, duplicate or

supersede the authority of any existing state agency.

This chapter shall not be construed to limit in any way the

regulatory controls over development pursuant to Chapters 7

(commencing with Section 30600) and 8 (commencing with Section

30700), except that the commission shall not set standards or adopt

regulations that duplicate regulatory controls established by any

existing state agency pursuant to specific statutory requirements or

authorization.

 

 

30402. All state agencies shall carry out their duties and

responsibilities in conformity with this division.

 

 

30403. It is the intent of the Legislature that the policies of

this division and all local coastal programs prepared pursuant to

Chapter 6 (commencing with Section 30500) should provide the common

assumptions upon which state functional plans for the coastal zone

are based in accordance with the provisions of Section 65036 of the

Government Code.

 

 

30404. (a) The commission shall periodically, in the case of the

State Energy Resources Conservation and Development Commission, the

State Board of Forestry and Fire Protection, the State Water

Resources Control Board and the California regional water quality

control boards, the State Air Resources Board and air pollution

control districts and air quality management districts, the

Department of Fish and Game, the Department of Parks and Recreation,

the Department of Boating and Waterways, the Division of Mines and

Geology and the Division of Oil, Gas, and Geothermal Resources in the

Department of Conservation, and the State Lands Commission, and may,

with respect to any other state agency, submit recommendations

designed to encourage the state agency to carry out its functions in

a manner consistent with this division. The recommendations may

include proposed changes in administrative regulations, rules, and

statutes.

(b) Each of those state agencies shall review and consider the

commission recommendations and shall, within six months from the date

of their receipt, to the extent that the recommendations have not

been implemented, report to the Governor and the Legislature its

action and reasons therefor. The report shall also include the state

agency's comments on any legislation that may have been proposed by

the commission.

* UBLIC RESOURCES CODE SECTION 30400-30404

* 30400. It is the intent of the Legislature to minimize duplication

* and conflicts among existing state agencies carrying out their

regulatory duties and responsibilities.

In the absence of a specific authorization set forth in this

division or any other provision of law or in an agreement entered

into with the commission, no state agency, including the Office of

Planning and Research, shall exercise any powers or carry out any

duties or responsibilities established by this division or by the

Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)

or any amendment thereto. The Director of the Office of Planning and

Research shall, in carrying out his or her duties as set forth in

Section 30415, ensure that the provisions of this section are carried

out.

 

30401. Except as otherwise specifically provided in this division,

enactment of this division does not increase, decrease, duplicate or

supersede the authority of any existing state agency.

This chapter shall not be construed to limit in any way the

regulatory controls over development pursuant to Chapters 7

(commencing with Section 30600) and 8 (commencing with Section

30700), except that the commission shall not set standards or adopt

regulations that duplicate regulatory controls established by any

existing state agency pursuant to specific statutory requirements or

authorization.

 

 

30402. All state agencies shall carry out their duties and

responsibilities in conformity with this division.

 

 

30403. It is the intent of the Legislature that the policies of

this division and all local coastal programs prepared pursuant to

Chapter 6 (commencing with Section 30500) should provide the common

assumptions upon which state functional plans for the coastal zone

are based in accordance with the provisions of Section 65036 of the

Government Code.

 

 

30404. (a) The commission shall periodically, in the case of the

State Energy Resources Conservation and Development Commission, the

State Board of Forestry and Fire Protection, the State Water

Resources Control Board and the California regional water quality

control boards, the State Air Resources Board and air pollution

control districts and air quality management districts, the

Department of Fish and Game, the Department of Parks and Recreation,

the Department of Boating and Waterways, the Division of Mines and

Geology and the Division of Oil, Gas, and Geothermal Resources in the

Department of Conservation, and the State Lands Commission, and may,

with respect to any other state agency, submit recommendations

designed to encourage the state agency to carry out its functions in

a manner consistent with this division. The recommendations may

include proposed changes in administrative regulations, rules, and

statutes.

(b) Each of those state agencies shall review and consider the

commission recommendations and shall, within six months from the date

of their receipt, to the extent that the recommendations have not

been implemented, report to the Governor and the Legislature its

action and reasons therefor. The report shall also include the state

agency's comments on any legislation that may have been proposed by

the commission.

 

* 30500. (a) Each local government lying, in whole or in part, within

* the coastal zone shall prepare a local coastal program for that

portion of the coastal zone within its jurisdiction. However, any

local government may request, in writing, the commission to prepare a

local coastal program, or a portion thereof, for the local

government. Each local coastal program prepared pursuant to this

chapter shall contain a specific public access component to assure

that maximum public access to the coast and public recreation areas

is provided.

(b) Amendments to a local general plan for the purpose of

developing a certified local coastal program shall not constitute an

amendment of a general plan for purposes of Section 65358 of the

Government Code.

(c) The precise content of each local coastal program shall be

determined by the local government, consistent with Section 30501, in

full consultation with the commission and with full public

participation.

 

 

30500.1. No local coastal program shall be required to include

housing policies and programs.

 

 

30501. The commission shall, within 90 days after January 1, 1977,

adopt, after public hearing, procedures for the preparation,

submission, approval, appeal, certification, and amendment of any

local coastal program, including, but not limited to, the following:

(a) A common methodology for the preparation of, and the

determination of the scope of, the local coastal programs, taking

into account the fact that local governments have differing needs and

characteristics.

(b) Recommended uses that are of more than local importance that

should be considered in the preparation of local coastal programs.

Such uses may be listed generally or the commission may, from time to

time, recommend specific uses for consideration by any local

government.

  

30502. (a) The commission, in consultation with affected local governments and the appropriate regional commissions, shall, not later than September 1, 1977, after public hearing, designate sensitive coastal resource areas within the coastal zone where the protection of coastal resources and public access requires, in addition to the review and approval of zoning ordinances, and the review and approval by the regional commissions and commission of other implementing actions.

(b) The designation of each sensitive coastal resource area shall be based upon a separate report prepared and adopted by the commission which shall contain all of the following:

(1) A description of the coastal resources to be protected and the reasons why the area has been designated as a sensitive coastal resource area.

(2) A specific determination that the designated area is of regional or statewide significance.

(3) A specific list of significant adverse impacts that could result from development where zoning regulations alone may not adequately protect coastal resources or access.

(4) A map of the area indicating its size and location.

(c) In sensitive coastal resource areas designated pursuant to this section, a local coastal program shall include the implementing actions adequate to protect the coastal resources enumerated in the findings of the sensitive coastal resource area report in conformity with the policies of this division.

  

30502.5. The commission shall recommend to the Legislature for designation by statute those sensitive coastal resource areas designated by the commission pursuant to Section 30502. Recommendation by the commission to the Legislature shall place the described area in the sensitive coastal resource area category for no more than two years, or a shorter period if the Legislature specifically rejects the recommendation. If two years pass and a recommended area has not been designated by statute, it shall no longer be designated as a sensitive coastal resource area. A bill proposing such a statute may not be held in committee, but shall be reported from committee to the floor of each respective house with its recommendation within 60 days of referral to committee.

 

30503. During the preparation, approval, certification, and

amendment of any local coastal program, the public, as well as all

affected governmental agencies, including special districts, shall be

provided maximum opportunities to participate. Prior to submission

of a local coastal program for approval, local governments shall hold

a public hearing or hearings on that portion of the program which

has not been subjected to public hearings within four years of such

submission.

 

 

30504. Special districts, which issue permits or otherwise grant

approval for development or which conduct development activities that

may affect coastal resources, shall submit their development plans

to the affected local government pursuant to Section 65401 of the

Government Code. Such plans shall be considered by the affected

local government in the preparation of its local coastal program.

 

30510. Consistent with this chapter, a proposed local coastal

program may be submitted to the commission, if both of the following

are met:

(a) It is submitted pursuant to a resolution adopted by the local

government, after public hearing, that certifies the local coastal

program is intended to be carried out in a manner fully in conformity

with this division.

(b) It contains, in accordance with guidelines established by the

commission, materials sufficient for a thorough and complete review.

 

 

 

30511. Local coastal programs shall be submitted in accordance with

the schedule established pursuant to Section 30517.5. At the option

of the local government, this program may be submitted and processed

in any of the following ways:

(a) At one time, in which event Section 30512 with respect to time

limits, resubmission, approval, and certification shall apply.

However, the zoning ordinances, zoning district maps, and, if

required, other implementing actions included in the local coastal

program shall be approved and certified pursuant to the standards of

Section 30513.

(b) In two phases, in which event the land use plans shall be

processed first pursuant to Section 30512, and the zoning ordinances,

zoning district maps, and, if required, other implementing actions,

shall be processed thereafter pursuant to Section 30513.

(c) In separate geographic units consisting of less than the local

government's jurisdiction lying within the coastal zone, each

submitted pursuant to subdivision (a) or (b), if the commission finds

that the area or areas proposed for separate review can be analyzed

for the potential cumulative impacts of development on coastal

resources and access independently of the remainder of the affected

jurisdiction.

 

30512. (a) The land use plan of a proposed local coastal program

shall be submitted to the commission. The commission shall, within

90 days after the submittal, after public hearing, either certify or

refuse certification, in whole or in part, the land use plan pursuant

to the following procedure:

(1) No later than 60 days after a land use plan has been submitted

to it, the commission shall, after public hearing and by majority

vote of those present, determine whether the land use plan, or a

portion thereof applicable to an identifiable geographic area, raises

no substantial issue as to conformity with the policies of Chapter 3

(commencing with Section 30200).

If the commission determines that no substantial issue is raised,

the land use plan, or portion thereof applicable to an identifiable

area, which raises no substantial issue, shall be deemed certified as

submitted. The commission shall adopt findings to support its

action.

(2) Where the commission determines pursuant to paragraph (1) that

one or more portions of a land use plan applicable to one or more

identifiable geographic areas raise no substantial issue as to

conformity with the policies of Chapter 3 (commencing with Section

30200), the remainder of that land use plan applicable to other

identifiable geographic areas shall be deemed to raise one or more

substantial issues as to conformity with the policies of Chapter 3

(commencing with Section 30200). The commission shall identify each

such substantial issue for each such geographic area.

(3) The commission shall hold at least one public hearing on the

matter or matters which have been identified as substantial issues

pursuant to paragraph (2). No later than 90 days after the submittal

of the land use plan, the commission shall determine whether or not

to certify the land use plan, in whole or in part. If the commission

fails to act within the required 90-day period, the land use plan,

or portion thereof, shall be deemed certified by the commission.

(b) If the commission determines not to certify a land use plan,

in whole or in part, the commission shall provide a written

explanation and may suggest modifications, which, if adopted and

transmitted to the commission by the local government, shall cause

the land use plan to be deemed certified upon confirmation of the

executive director. The local government may elect to meet the

commission's refusal of certification in a manner other than as

suggested by the commission and may then resubmit its revised land

use plan to the commission. If a local government requests that the

commission not recommend or suggest modifications which, if made,

will result in certification, the commission shall refuse

certification with the required findings.

(c) The commission shall certify a land use plan, or any

amendments thereto, if it finds that a land use plan meets the

requirements of, and is in conformity with, the policies of Chapter 3

(commencing with Section 30200). Except as provided in paragraph

(1) of subdivision (a), a decision to certify shall require a

majority vote of the appointed membership of the commission.

(d) This section shall become inoperative and shall have no force

or effect on the date, if any, of a final judicial decision that its

provisions are inconsistent with the requirements of the federal

coastal act. On and after that date, any reference to this section

shall be deemed to be reference to Section 30512.1.

 

 

30512.1. (a) The land use plan of a proposed local coastal program

shall be submitted to the commission. The commission shall, within

90 days after the submittal, after public hearing, either approve or

disapprove, in whole or in part, the land use plan. If the proposed

land use plan is not acted upon within the 90-day period, it shall be

deemed approved and certified by the commission.

(b) Where a land use plan is refused certification, in whole or in

part, the commission shall provide a written explanation and may

suggest modifications, which, if adopted and transmitted to the

commission by the local government, will be deemed certified upon

confirmation of the executive director. The local government may

elect to meet the commission's refusal of certification in a manner

other than as suggested by the commission and may then resubmit its

revised land use plan to the commission. If a local government

requests that the commission not recommend or suggest modifications

which if made will result in certification, the commission shall

refuse certification with the required findings.

(c) The commission shall approve and certify a land use plan, or

any amendments thereto, if the commission finds that a land use plan

meets the requirements of, and is in conformity with, the policies of

Chapter 3 (commencing with Section 30200).

(d) This section shall become operative on the date that Section

30512 becomes inoperative.

 

 

30512.2. The following provisions shall apply to the commission's

decision to certify or refuse certification of a land use plan

pursuant to Section 30512:

(a) The commission's review of a land use plan shall be limited to

its administrative determination that the land use plan submitted by

the local government does, or does not, conform with the

requirements of Chapter 3 (commencing with Section 30200). In making

this review, the commission is not authorized by any provision of

this division to diminish or abridge the authority of a local

government to adopt and establish, by ordinance, the precise content

of its land use plan.

(b) The commission shall require conformance with the policies and

requirements of Chapter 3 (commencing with Section 30200) only to

the extent necessary to achieve the basic state goals specified in

Section 30001.5.

 

30513. The local government shall submit to the commission the

zoning ordinances, zoning district maps, and, where necessary, other

implementing actions which are required pursuant to this chapter.

If within 60 days after receipt of the zoning ordinances, zoning

district maps, and other implementing actions, the commission, after

public hearing, has not rejected the zoning ordinances, zoning

district maps, or other implementing actions, they shall be deemed

approved. The commission may only reject zoning ordinances, zoning

district maps, or other implementing actions on the grounds that they

do not conform with, or are inadequate to carry out, the provisions

of the certified land use plan. If the commission rejects the zoning

ordinances, zoning district maps, or other implementing actions, it

shall give written notice of the rejection specifying the provisions

of land use plan with which the rejected zoning ordinances do not

conform or which it finds will not be adequately carried out together

with its reasons for the action taken.

The commission may suggest modifications in the rejected zoning

ordinances, zoning district maps, or other implementing actions,

which, if adopted by the local government and transmitted to the

commission, shall be deemed approved upon confirmation by the

executive director.

The local government may elect to meet the commission's rejection

in a manner other than as suggested by the commission and may then

resubmit its revised zoning ordinances, zoning district maps, and

other implementing actions to the commission.

If a local government requests that the commission not suggest

modifications in the rejected zoning ordinances, zoning district

maps, or other implementing ordinances, the commission shall not do

so.

 

 

30514. (a) A certified local coastal program and all local

implementing ordinances, regulations, and other actions may be

amended by the appropriate local government, but no such amendment

shall take effect until it has been certified by the commission.

(b) Any proposed amendments to a certified local coastal program

shall be submitted to, and processed by, the commission in accordance

with the applicable procedures and time limits specified in Sections

30512 and 30513, except that the commission shall make no

determination as to whether a proposed amendment raises a substantial

issue as to conformity with the policies of Chapter 3 (commencing

with Section 30200) as would otherwise be required by Section 30512.

In no event shall there be more than three of these submittals of

proposed amendments in any calendar year. However, there are no

limitations on the number of amendments included in each of the three

submittals.

(c) The commission, by regulation, shall establish a procedure

whereby proposed amendments to a certified local coastal program may

be reviewed and designated by the executive director of the

commission as being minor in nature or as requiring rapid and

expeditious action. That procedure shall include provisions

authorizing local governments to propose amendments to the executive

director for that review and designation. Proposed amendments that

are designated as being minor in nature or as requiring rapid and

expeditious action shall not be subject to subdivision (b) or

Sections 30512 and 30513 and shall take effect on the 10th working

day after designation. Amendments that allow changes in uses shall

not be so designated.

(d) (1) The executive director may determine that a proposed local

coastal program amendment is de minimis if the executive director

determines that a proposed amendment would have no impact, either

individually or cumulatively, on coastal resources, is consistent

with the policies of Chapter 3 (commencing with Section 30200), and

meets the following criteria:

(A) The local government, at least 21 days prior to the date of

submitting the proposed amendment to the executive director, has

provided public notice, and provided a copy to the commission, that

specifies the dates and places where comments will be accepted on the

proposed amendment, contains a brief description of the proposed

amendment, and states the address where copies of the proposed

amendment are available for public review, by one of the following

procedures:

(i) Publication, not fewer times than required by Section 6061 of

the Government Code, in a newspaper of general circulation in the

area affected by the proposed amendment. If more than one area will

be affected, the notice shall be published in the newspaper of

largest circulation from among the newspapers of general circulation

in those areas.

(ii) Posting of the notice by the local government both onsite and

offsite in the area affected by the proposed amendment.

(iii) Direct mailing to the owners and occupants of contiguous

property shown on the latest equalized assessment roll.

(B) The proposed amendment does not propose any change in land use

or water uses or any change in the allowable use of property.

(2) At the time that the local government submits the proposed

amendment to the executive director, the local government shall also

submit to the executive director any public comments that were

received during the comment period provided pursuant to subparagraph

(A) of paragraph (1).

(3) (A) The executive director shall make a determination as to

whether the proposed amendment is de minimis within 10 working days

of the date of submittal by the local government. If the proposed

amendment is determined to be de minimis, the proposed amendment

shall be noticed in the agenda of the next regularly scheduled

meeting of the commission, in accordance with Section 11125 of the

Government Code, and any public comments forwarded by the local

government shall be made available to the members of the commission.

(B) If three members of the commission object to the executive

director's determination that the proposed amendment is de minimis,

the proposed amendment shall be set for public hearing in accordance

with the procedures specified in subdivision (b), or as specified in

subdivision (c) if applicable, as determined by the executive

director, or, at the request of the local government, returned to the

local government. If set for public hearing under subdivision (b),

the time requirements set by Sections 30512 and 30513 shall commence

from the date on which the objection to the de minimis designation

was made.

(C) If three or more members of the commission do not object to

the de minimis determination, the de minimis local coastal program

amendment shall become part of the certified local coastal program 10

days after the date of the commission meeting.

(4) The commission, after a noticed public hearing, may adopt

guidelines to implement this subdivision, which shall be exempt from

review by the Office of Administrative Law and from Chapter 3.5

(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of

the Government Code. The commission shall file any guidelines

adopted pursuant to this paragraph with the Office of Administrative

Law.

(e) For purposes of this section, "amendment of a certified local

coastal program" includes, but is not limited to, any action by a

local government that authorizes the use of a parcel of land other

than a use that is designated in the certified local coastal program

as a permitted use of the parcel.

 

 

30514.1. The commission shall adopt the findings or provide a

written explanation or written notice, as appropriate, required by

Sections 30512, 30512.1, 30512.2, and 30513 to support its action no

later than 60 days after the date on which action was taken.

 

 

 

30515. Any person authorized to undertake a public works project or

proposing an energy facility development may request any local

government to amend its certified local coastal program, if the

purpose of the proposed amendment is to meet public needs of an area

greater than that included within such certified local coastal

program that had not been anticipated by the person making the

request at the time the local coastal program was before the

commission for certification. If, after review, the local government

determines that the amendment requested would be in conformity with

the policies of this division, it may amend its certified local

coastal program as provided in Section 30514.

If the local government does not amend its local coastal program, such person may file with the commission a request for amendment which shall set forth the reasons why the proposed amendment is necessary and how such amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do otherwise would adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet such need, and that the proposed amendment is in conformity with the policies of this division.

  

30516. (a) Approval of a local coastal program shall not be withheld because of the inability of the local government to financially support or implement any policy or policies contained in this division; provided, however, that this shall not require the approval of a local coastal program allowing development not in conformity with the policies in Chapter 3 (commencing with Section 30200).

(b) Where a certified port master plan has been incorporated in a local coastal program in accordance with Section 30711 and the local coastal program is disapproved by the commission, that disapproval shall not apply to the certified port master plan.

 

30517. The commission may extend, for a period of not to exceed one year, except as provided for in Section 30518, any time limitation established by this chapter for good cause.

  

30517.5. (a) Within 60 days from the effective date of this

section, the commission shall establish a schedule for the submittal

of all land use plans that have not been submitted, pursuant to

Section 30501, to a former regional commission or the commission on

or before July 1, 1981. This schedule shall be based on the

commission's assessment, in consultation with local governments, of

each local government's current status and progress. The schedule

shall specify that submittals may not be made sooner than nor later

than certain specified dates and in no event later than January 1,

1983.

(b) If a local government fails to meet the schedule established

pursuant to subdivision (a), the commission may take any of the

following actions:

(1) Waive the deadlines for commission action on a submitted land

use plan, or any portion thereof, as set forth in Sections 30511 and

30512.

(2) Prepare and adopt, after a public hearing but not sooner than

January 1, 1984, a land use plan for the land area within the local

government's jurisdiction. After adoption of the land use plan, the

commission shall determine the permissibility of proposed

developments pursuant to the provisions of the adopted plan. The

affected local government may choose to adopt, in whole or in part,

the commission's prepared and adopted land use plan in which event

the commission shall certify the plan, in whole or in part, or it may

continue to prepare its own land use plan consistent with the

provisions of this chapter.

(3) Report the matter to the Legislature with recommendations for

appropriate action.

 

 

30517.6. (a) Within 30 days after the certification of a land use

plan, or any portion thereof, the commission shall, after

consultation with the appropriate local government, establish a date

for that local government to submit the zoning ordinances, zoning

district maps, and, where necessary, other implementing actions. In

no event shall that date be later than January 1, 1984.

(b) If a local government fails to meet the schedule established

pursuant to subdivision (a), the commission may waive the deadlines

for commission action on submitted zoning ordinances, zoning district

maps, and, where necessary, other implementing actions, as set forth

in Sections 30511 and 30513.

 

 

30519. (a) Except for appeals to the commission, as provided in

Section 30603, after a local coastal program, or any portion thereof,

has been certified and all implementing actions within the area

affected have become effective, the development review authority

provided for in Chapter 7 (commencing with Section 30600) shall no

longer be exercised by the commission over any new development

proposed within the area to which the certified local coastal

program, or any portion thereof, applies and shall at that time be

delegated to the local government that is implementing the local

coastal program or any portion thereof.

(b) Subdivision (a) shall not apply to any development proposed or

undertaken on any tidelands, submerged lands, or on public trust

lands, whether filled or unfilled, lying within the coastal zone, nor

shall it apply to any development proposed or undertaken within

ports covered by Chapter 8 (commencing with Section 30700) or within

any state university or college within the coastal zone; however,

this section shall apply to any development proposed or undertaken by

a port or harbor district or authority on lands or waters granted by

the Legislature to a local government whose certified local coastal

program includes the specific development plans for such district or

authority.

(c) The commission may, from time to time, recommend to the

appropriate local government local coastal program amendments to

accommodate uses of greater than local importance, which uses are not

permitted by the applicable certified local coastal program. These

uses may be listed generally or the commission may recommend specific

uses of greater than local importance for consideration by the

appropriate local government.

 

30519.1. (a) This section shall apply only to those parcels and

areas within the City of Carlsbad for which a local coastal program

has been prepared and certified by the commission pursuant to

subdivision (f) of Section 30170 or Section 30171.

(b) Any provisions of any such local coastal program with respect

to housing for persons and families of low or moderate income shall

have no force or effect after January 1, 1982. After that date,

housing requirements for those parcels and areas shall be determined

pursuant to Section 65590 of the Government Code.

(c) Until such time as, (i) the City of Carlsbad adopts or enacts

the implementing actions contained in any such local coastal program,

or (ii) other statutory provisions provide alternately for the

adoption, certification, and implementation of a local coastal

program for those parcels and areas, coastal development permits for

those parcels and areas shall be issued by the commission as provided

in this subdivision. Notwithstanding any other provision of this

division, the commission shall issue a coastal development permit if

it finds that a proposed development is in conformity with the

certified local coastal program, exclusive of any provisions with

respect to housing for persons and families of low or moderate income

which have been rendered inoperative pursuant to subdivision (b).

 

 

 

30519.5. (a) The commission shall, from time to time, but at least

once every five years after certification, review every certified

local coastal program to determine whether such program is being

effectively implemented in conformity with the policies of this

division. If the commission determines that a certified local

coastal program is not being carried out in conformity with any

policy of this division it shall submit to the affected local

government recommendations of corrective actions that should be

taken. Such recommendations may include recommended amendments to

the affected local government's local coastal program.

(b) Recommendations submitted pursuant to this section shall be

reviewed by the affected local government and, if the recommended

action is not taken, the local government shall, within one year of

such submission, forward to the commission a report setting forth its

reasons for not taking the recommended action. The commission shall

review such report and, where appropriate, report to the Legislature

and recommend legislative action necessary to assure effective

implementation of the relevant policy or policies of this division.

 

 

30520. (a) If the application of any certified local coastal

program, or any portion thereof, is prohibited or stayed by any

court, the permit authority provided for in Chapter 7 (commencing

with Section 30600) shall be exercised pursuant to the provisions of

this section until a final court order has withdrawn such prohibition

or stay. A coastal development permit shall be issued by the

affected local government or the commission on appeal, if that local

government or the commission on appeal finds that the proposed

development is in conformity with the provisions of Chapter 3

(commencing with Section 30200) or the applicable certified land use

plan if the court-ordered prohibition or stay applies only to the

zoning ordinances, zoning district maps, or, where necessary, the

other implementing actions which are required pursuant to this

chapter. Any development approved by a local government pursuant to

this subdivision may be appealed to the commission by any person,

including the executive director or any commissioner during the

period the permit provisions of this section are in effect.

(b) Until a local government has adopted an interim ordinance

prescribing procedures for issuing coastal development permits in the

circumstances described in subdivision (a), the permit authority

provided for in Chapter 7 (commencing with Section 30600) shall be

reinstated in the commission. A coastal development permit shall be

issued by the commission if the commission finds that the proposed

development is in conformity with the provisions of Chapter 3

(commencing with Section 30200) or the applicable certified land use

plan, if the court-ordered prohibition or stay applies only to zoning

ordinances, zoning district maps, or, where necessary, the other

implementing actions which are required pursuant to this chapter.

(c) The permit authority provided for in this section shall be

limited to only those developments which would be affected by the

court-ordered prohibition or stay.

 

 

30521. The Legislature hereby finds and declares that the early

review of a limited number of local coastal programs may provide

valuable experience for future review and processing of local coastal

programs and that in consideration of the early commitments made by

the involved local governments, any local coastal program prepared

for that portion of a local jurisdiction designated as a pilot

project area by the California Coastal Zone Conservation Commission

between August 31, 1976, and October 31, 1976, shall receive priority

from the commission by being processed ahead of other local coastal

programs pursuant to this chapter. Any such pilot project may be

reviewed and approved by the commission without being subject to the

procedures required by Section 30501; provided, that the proposed

local coastal program, or portion thereof, is in conformity with the

policies of Chapter 3 (commencing with Section 30200), serves as a

useful model for future review of local coastal programs, and the

regional commission has commenced formal review of the land use phase

of a local coastal program by June 1, 1977.

 

 

 

30522. Nothing in this chapter shall permit the commission to

certify a local coastal program which provides for a lesser degree of

environmental protection than that provided by the plans and

policies of any state regulatory agency that are formally adopted by

such agency, are used in the regulatory program of such agency, and

are legally enforceable.

 

 

30523. It is the intent of the Legislature that local coastal

programs certified by the commission should be sufficiently specific

to meet the requirements of Section 30108.5, but not so detailed as

to require amendment and commission review for minor changes, or to

discourage the assumption by local governments of postcertification

authority which ensures and implements effective protection of

coastal resources. The Legislature also recognizes that the

applicable policies and the level of specificity required to ensure

coastal resource protection may differ between areas on or near the

shoreline and inland areas.

 

30525. (a) Every state agency that owns or manages land or water

areas within the coastal zone, including public beaches, parks,

natural areas, and fish and wildlife preserves, shall identify the

sensitive resource values within those areas that are particularly susceptible to adverse impacts from nearby development that is not carefully planned. Every such agency shall also identify the

location and type of development that would have a significant adverse impact on those sensitive resource values.

(b) Every agency subject to this section shall advise the appropriate local government of particular considerations that should be evaluated during the preparation of a local coastal program and

which, in the opinion of such agency, may be necessary to protect identified sensitive resource values. In addition, the work undertaken pursuant to this section shall be completed in a timely manner in order to maximize the opportunity for the public, affected local governments, and the commission to consider this information fully during the preparation, review, and approval of the appropriate local coastal program.

(c) Work already completed pursuant to former Chapter 7

(commencing with Section 31300) of Division 21 of the Public

Resources Code, added by Chapter 1441 of the Statutes of 1976, and in

conformity with this section, that identifies sensitive resource

values within publicly owned or managed land and water areas of the

coastal zone shall be considered by local government and the

commission in the course of carrying out this chapter.

(d) For purposes of this section, "sensitive resource values" means those fragile or unique natural resources which are particularly susceptible to degradation resulting from surrounding development, the adverse effects of which have not been carefully evaluated, mitigated, or avoided. Examples include, but are not limited to, environmentally sensitive areas, as defined in Section 30107.5, areas uniquely suited for scientific or educational purposes, and specific public recreation areas where the quality of the recreational experience is dependent on the character of the surrounding area.

 

30526. (a) Because of the intensity of development contemplated,

the area's steep topography and highly erodible soils, and the

demonstrated impacts from development despite the utilization of

mitigation measures, the Legislature finds that the threat from

development to wetlands in the City of San Diego requires that a

mitigation fee program be included in the city's local coastal

program. Therefore, the City of San Diego shall provide in its local

coastal program for payment of a reasonable fee to the State Coastal

Conservancy by applicants for a coastal development permit if the

proposed development has, or is reasonably expected to have, a direct

and significant effect on coastal resources within a specific

geographic watershed in the coastal zone which can be mitigated

through the incorporation of feasible onsite and offsite mitigation

measures into the proposed development and through the mitigation fee

program.

(b) Fees paid by an applicant pursuant to subdivision (a) shall be

deposited in an account established by the State Coastal Conservancy

. None of the funds in the account shall be appropriated for any

purpose not specified in this section. Except as provided in this

section, any fee paid pursuant to this section may only be used to

restore, replace, or improve resources or ecological systems which

are adversely affected by the proposed development and with respect

to which the fee constitutes partial or total mitigation. Any fees

established pursuant to this section are not required for any

development that is undertaken by a public agency for the purpose of

providing resource enhancement or public recreation. In the event

that mitigation of all development impacts cannot be feasibly carried

out within the watershed, the conservancy may, with the approval of

the local government and the commission, complete the mitigation for

the development outside of the watershed.

(c) This section and Section 31108.5 apply only to the Los

Penasquitos Lagoon area in the City of San Diego.

 

* 30530. It is the intent of the Legislature, consistent with the

* provisions of Chapter 9 (commencing with Section 31400) of Division

21, that a program to maximize public access to and along the

coastline be prepared and implemented in a manner that ensures

coordination among and the most efficient use of limited fiscal

resources by federal, state, and local agencies responsible for

acquisition, development, and maintenance of public coastal

accessways. There is a need to coordinate public access programs so

as to minimize costly duplication and conflicts and to assure that,

to the extent practicable, different access programs complement one

another and are incorporated within an integrated system of public

accessways to and along the state's coastline. The Legislature

recognizes that different public agencies are currently implementing

public access programs and encourages such agencies to strengthen

those programs in order to provide yet greater public benefits.

 

 

 

30531. The commission shall be responsible for the preparation of a

public coastal access program which includes the elements set forth

in this section and which, to the maximum extent practicable, is

incorporated into the local coastal programs prepared, approved, and

implemented pursuant to this division.

(a) On or before January 1, 1981, the commission shall prepare a

coastal access inventory. The coastal access inventory shall be

updated on a continuing basis and shall include, but not be limited

to, the following information:

(1) A list identifying lands held or operated for the purpose of

providing public access to or along the coast. Each listing shall

include a brief description of the type of access provided, access

constraints, access facility ownership, and resources or uses for

which access is provided or suitable.

(2) A list of known offers to dedicate, accepted dedications, and

any other legally binding actions taken that provide opportunities

for any type of public use of or access to or along the coast. Each

listing shall include a brief description of the legal status of the

instrument granting or otherwise providing public access, whether

public access is physically available, and if not, what action is

necessary to be taken to accomplish actual public use.

(3) A map showing the precise location of the listings included

pursuant to paragraphs (1) and (2) of this subdivision.

(b) On or before June 1, 1980, the commission shall, in

consultation with the Department of Parks and Recreation, the State

Coastal Conservancy, and other appropriate public agencies, make

recommendations to guide state, local, and to the extent permitted by

law federal public agencies in the identification, development, and

management of public accessways to and along the coast. The

recommendations made pursuant to this section shall be consistent

with the public access policies of this division and, with respect to

recommendations relating to development of public accessways,

consistent with the policy of protecting coastal resources.

(c) On or before January 1, 1981, and from time to time

thereafter, the commission, in consultation with the State Coastal

Conservancy and other affected public agencies, shall identify the

public agency or agencies it deems the most appropriate agency or

agencies to accept responsibility for the management of those public

coastal accessways listed pursuant to subdivision (a) for which no

public agency has accepted such management responsibilities. In

identifying the agency or agencies most appropriate to accept public

access management responsibilities, the commission shall include its

best estimate of costs for the development, operation, and

maintenance of such accessways and shall recommend to the Governor

and the Legislature a method of funding such costs. In preparing its

recommendations for funding public coastal accessway operation and

maintenance costs, the commission shall develop alternative,

innovative funding techniques that take into account the

appropriateness of local funding for the operation and maintenance of

accessways that serve primarily local needs. If the commission

identifies a state agency as the appropriate agency to assume

management responsibility and such agency does not accept such

responsibility, the agency shall, by December 31 of the year in which

the commission completes its report, advise the commission of its

reasons why it did not or cannot accept such responsibility. The

State Coastal Conservancy shall take those actions it deems

appropriate, including necessary agreements, to negotiate or

otherwise accomplish the acceptance of management responsibility by

the agency identified by the commission.

 

 

 

30532. The commission may enter into agreements with or issue

grants to any public agency for the purpose of assisting the

commission in meeting the requirements of this article. The

commission shall, to the extent available funding permits, enter into

agreements with those state agencies that currently operate some

form of public coastal access program for the purpose of completing

the inventory required by subdivision (a) of Section 30531. The

commission shall enter into an agreement with the State Coastal

Conservancy to provide the funding necessary for the conservancy to

carry out its responsibilities pursuant to this article and Chapter 9

(commencing with Section 31400) of Division 21.

 

 

30533. The commission, and the State Coastal Conservancy, shall on

or before January 1, 1981, and on or before each January 1

thereafter, report to the Governor and the Legislature the progress

made in implementing the public coastal access program established by

this article. It is the intent of the Legislature that the

commission, the State Coastal Conservancy, and all other appropriate

public agencies proceed with all deliberate speed to implement the

provisions of this article prior to the deadlines established in this

article.

 

30534. The commission shall, within 10 days after receiving

evidence of recordation of any offer to dedicate real property for

access to or along the coast, which dedication was required as a

condition to the issuance of a coastal development permit, forward a

copy of such evidence and a description of such real property to the

Department of Parks and Recreation, the State Coastal Conservancy,

and the State Lands Commission.

30600. (a) Except as provided in subdivision (e), and in addition

to obtaining any other permit required by law from any local

government or from any state, regional, or local agency, any person,

as defined in Section 21066, wishing to perform or undertake any

development in the coastal zone, other than a facility subject to

Section 25500, shall obtain a coastal development permit.

(b) (1) Prior to certification of its local coastal program, a

local government may, with respect to any development within its area

of jurisdiction in the coastal zone and consistent with the

provisions of Sections 30604, 30620, and 30620.5, establish

procedures for the filing, processing, review, modification,

approval, or denial of a coastal development permit. Those

procedures may be incorporated and made a part of the procedures

relating to any other appropriate land use development permit issued

by the local government.

(2) A coastal development permit from a local government shall not

be required by this subdivision for any development on tidelands,

submerged lands, or on public trust lands, whether filled or

unfilled, or for any development by a public agency for which a local

government permit is not otherwise required.

(c) If prior to certification of its local coastal program, a

local government does not exercise the option provided in subdivision

(b), or a development is not subject to the requirements of

subdivision (b), a coastal development permit shall be obtained from

the commission or from a local government as provided in subdivision

(d).

(d) After certification of its local coastal program or pursuant

to the provisions of Section 30600.5, a coastal development permit

shall be obtained from the local government as provided for in

Section 30519 or Section 30600.5.

(e) This section does not apply to any of the following projects,

except that notification by the agency or public utility performing

any of the following projects shall be made to the commission within

14 days from the date of the commencement of the project:

(1) Immediate emergency work necessary to protect life or property

or immediate emergency repairs to public service facilities

necessary to maintain service as a result of a disaster in a

disaster-stricken area in which a state of emergency has been

proclaimed by the Governor pursuant to Chapter 7 (commencing with

Section 8550) of Division 1 of Title 2 of the Government Code.

(2) Emergency projects undertaken, carried out, or approved by a

public agency to maintain, repair, or restore an existing highway, as

defined in Section 360 of the Vehicle Code, except for a highway

designated as an official state scenic highway pursuant to Section

262 of the Streets and Highways Code, within the existing

right-of-way of the highway, damaged as a result of fire, flood,

storm, earthquake, land subsidence, gradual earth movement, or

landslide, within one year of the damage. This paragraph does not

exempt from this section any project undertaken, carried out, or

approved by a public agency to expand or widen a highway damaged by

fire, flood, storm, earthquake, land subsidence, gradual earth

movement, or landslide.

 

 

30600.1. (a) In the event that an applicant for a coastal

development permit had, prior to January 1, 1982, received from the

appropriate local government final discretionary approval to proceed

with a proposed development, but had not been issued a coastal

development permit prior to that date, the provisions of subdivision

(b) or (c) shall apply to any requirements for housing for persons or

families of low or moderate income which may be applicable to the

proposed development.

(b) In the event that the commission has approved an application

for a coastal development permit, but the applicant has not complied

with conditions in regard to such housing which were imposed by the

commission as part of its approval, the applicant shall do either of

the following:

(1) Comply with the housing and other applicable conditions

imposed by the commission, in which event the coastal development

permit shall be issued and the provisions of Section 65590 of the

Government Code shall not apply to the development.

(2) Apply to the appropriate local government as provided in

Section 65590.1 of the Government Code to have that local government

apply the requirements of Section 65590 of the Government Code to the

proposed development, in which event, no condition previously

imposed by the commission with respect to such housing shall be

applicable to the proposed development.

(c) In the event that application has not been acted upon prior to

January 1, 1982, the commission shall process the application as

otherwise required by this division, but shall not impose any

condition or requirement with respect to housing for persons or

families of low or moderate income on the proposed development. The

applicant shall apply to the appropriate local government as provided

in Section 65590.1 of the Government Code to have that local

government apply the requirements of Section 65590 of the Government

Code to the proposed development. The commission, at its discretion,

may defer action on this application until the local government has

acted to apply the requirements of Section 65590 of the Government

Code. The time limits otherwise applicable to commission action on

this application shall be stayed during any such period of deferral.

If however any such application is for a conversion of a residential

dwelling as defined in paragraph (1) of subdivision (g) of Section

65590 of the Government Code, the commission shall not defer

processing of such application but shall defer the final issuance of

a coastal development permit until the local government has applied

the requirements of Section 65590 of the Government Code.

 

 

30600.5. (a) Prior to the certification of a local coastal program

and notwithstanding the provisions of subdivision (a) of Section

30519, after the effective date of this section, the authority for

issuance of coastal development permits provided for in Chapter 7

(commencing with Section 30600) shall be delegated to local

governments pursuant to the provisions of this section.

(b) Except for any development specified in subdivision (b) of

Section 30519 and Section 30601 or with respect to any development

proposed by any state agency, the authority for issuance of coastal

development permits provided for in Chapter 7 (commencing with

Section 30600) shall be delegated to the respective local governments

within 120 days after (1) the effective date of certification of a

land use plan pursuant to Chapter 6 (commencing with Section 30500)

or (2) the effective date of this section, whichever occurs last.

This delegation shall only apply with respect to those areas governed

by the certified land use plan or a certified portion thereof,

applicable to an identifiable geographic area.

(c) Notwithstanding any other provision of this division, after

delegation of authority to issue coastal development permits pursuant

to subdivision (b), a coastal development permit shall be issued by

the respective local government or the commission on appeal, if that

local government or the commission on appeal finds that the proposed

development is in conformity with the certified land use plan.

(d) Any action taken by a local government on a coastal

development permit application pursuant to the provisions of this

section may be appealed to the commission pursuant to Section 30602.

The commission shall hear an appeal brought pursuant to the

provisions of this section, unless it determines that the local

government action taken raises no substantial issue as to conformity

with the certified land use plan. For purposes of this subdivision,

failure by any local government to act within any time limit

specified in this division shall constitute an "action taken."

(e) The commission shall, following a public hearing and within 90

days after the effective date of this section, adopt minimum

standards for public notice, hearing, and appeal procedures to govern

local government review of coastal development permit applications

pursuant to this section. The standards shall, as nearly as

practical, follow the standards required for local agencies after

certification of local coastal programs for appealable developments

and shall ensure that the notice and hearing required for the coastal

development permit can be provided at the same time as the notice

and hearing requirements for other local land use decisions which may

be necessary for the project requiring the permit. Within 60 days

prior to assumption of authority for issuance of coastal development

permits pursuant to this section, the local government shall provide

drafts of all procedures for issuance of coastal development permits

to the executive director of the commission. Delegation of the

authority to issue coastal development permits pursuant to

subdivision (b) shall not occur until the local government has

provided copies of all the adopted procedures for the issuance of

coastal development permits to the executive director of the

commission. Any amendments to the procedures shall also be furnished

to the executive director for his information.

(f) Prior to the delegation of authority to issue coastal

development permits as provided in subdivision (b), a local

government, after appropriate notice and hearing, shall adopt an

ordinance prescribing the procedures to be used in issuing such

coastal development permits. Each such ordinance shall incorporate

at least the minimum standards for public notice, hearings, and

appeals established by the commission pursuant to subdivision (e).

In addition, each such ordinance shall contain provisions which

prohibit the issuance of a coastal development permit for any

development which may conflict with the ordinances which are being

prepared to implement the certified land use plan.

(g) In order to expedite certification of complete local coastal

programs and the transfer of coastal development controls to local

government, the commission shall, on request from a local government,

prepare the ordinances necessary for that local government to

implement the coastal permit responsibilities of this division.

(h) The time limits set forth in subdivision (b) shall be

extended, by right, for not more than 90 days if a local government,

by resolution of its governing body, so requests.

(i) The provisions of this section and of any local ordinance

enacted pursuant thereto shall have no further force or effect or

application after that local government's local coastal program has

been certified and taken effect pursuant to the provisions of this

division.

(j) This section shall become inoperative and shall have no force

or effect on the date, if any, of a final judicial decision that its

provisions are inconsistent with the requirements of the federal

coastal act.

 

30600.6. (a) The Legislature finds that some new cost may be

incurred by local governments when the authority to issue coastal

development permits is delegated to these local governments as

provided in Section 30600.5. It is the intent of the Legislature

that during the period prior to certification of a local government's

local coastal program these new costs shall be funded as provided in

this section.

(b) If a local government has been delegated authority to issue

coastal development permits as provided in Section 30600.5, any new

costs incurred by reason thereof shall be recovered from fees charged

to individual permit applicants. Such fees shall cover only those

costs which meet all of the following criteria:

(1) The costs are attributable to the actual issuance of coastal

development permits, including a pro rata share of general

administrative costs.

(2) The costs would not have been incurred except for the

delegation of authority to issue coastal development permits as

provided in Section 30600.5.

(3) The costs are of a type which would not normally be incurred

by the local government in carrying out its land use planning and

regulatory responsibilities pursuant to other provisions of law.

(c) A local government may elect not to levy fees as provided in

this section. If the local government does not levy such fees, it

shall not be eligible to be reimbursed for such costs pursuant to

other provisions of law.

(d) After certification of its local coastal program, each

respective local government shall be reimbursed for costs associated

with implementation of that local coastal program as provided in

Article 4 (commencing with Section 30350) of Chapter 4.

 

 

30600.7. Where, prior to delegation of coastal permit authority

pursuant to Section 30519, a modification of a refinery facility or

petrochemical facility is necessary to comply with a goal, policy, or

requirement of an air pollution control district, the State Air

Resources Board, or the Environmental Protection Agency to provide

for reformulated or alternative fuels, that modification shall

require a coastal development permit from the commission only,

notwithstanding the option afforded local governments under

subdivision (b) of Section 30600.

 

30601. Prior to certification of the local coastal program and,

where applicable, in addition to a permit from local government

pursuant to subdivision (b) or (d) of Section 30600, a coastal

development permit shall be obtained from the commission for any of

the following:

(1) Developments between the sea and the first public road

paralleling the sea or within 300 feet of the inland extent of any

beach or of the mean high tide line of the sea where there is no

beach, whichever is the greater distance.

(2) Developments not included within paragraph (1) located on

tidelands, submerged lands, public trust lands, within 100 feet of

any wetland, estuary, stream, or within 300 feet of the top of the

seaward face of any coastal bluff.

(3) Any development which constitutes a major public works project

or a major energy facility.

 

 

30601.5. Where the applicant for a coastal development permit is

not the owner of a fee interest in the property on which a proposed

development is to be located, but can demonstrate a legal right,

interest, or other entitlement to use the property for the proposed

development, the commission shall not require the holder or owner of

any superior interest in the property to join the applicant as

coapplicant. All holders or owners of any other interests of record

in the affected property shall be notified in writing of the permit

application and invited to join as coapplicant. In addition, prior

to the issuance of a coastal development permit, the applicant shall

demonstrate the authority to comply with all conditions of approval.

 

 

 

30602. Prior to certification of its local coastal program, any

action taken by a local government on a coastal development permit

application may be appealed by the executive director of the

commission, any person, including the applicant, or any two members

of the commission to the commission. The action shall become final

at the close of business on the 20th working day from the date of

receipt of the notice required by subdivision (c) of Section 30620.5,

unless an appeal is submitted within that time. Regardless of

whether an appeal is submitted, the local government's action shall

become final if an appeal fee is imposed pursuant to subdivision (d)

of Section 30620 and is not deposited with the commission within the

time prescribed.

 

 

30603. (a) After certification of its local coastal program, an

action taken by a local government on a coastal development permit

application may be appealed to the commission for only the following

types of developments:

(1) Developments approved by the local government between the sea

and the first public road paralleling the sea or within 300 feet of

the inland extent of any beach or of the mean high tideline of the

sea where there is no beach, whichever is the greater distance.

(2) Developments approved by the local government not included

within paragraph (1) that are located on tidelands, submerged lands,

public trust lands, within 100 feet of any wetland, estuary, or

stream, or within 300 feet of the top of the seaward face of any

coastal bluff.

(3) Developments approved by the local government not included

within paragraph (1) or (2) that are located in a sensitive coastal

resource area.

(4) Any development approved by a coastal county that is not

designated as the principal permitted use under the zoning ordinance

or zoning district map approved pursuant to Chapter 6 (commencing

with Section 30500).

(5) Any development which constitutes a major public works project

or a major energy facility.

(b) (1) The grounds for an appeal pursuant to subdivision (a)

shall be limited to an allegation that the development does not

conform to the standards set forth in the certified local coastal

program or the public access policies set forth in this division.

(2) The grounds for an appeal of a denial of a permit pursuant to

paragraph (5) of subdivision (a) shall be limited to an allegation

that the development conforms to the standards set forth in the

certified local coastal program and the public access policies set

forth in this division.

(c) Any action described in subdivision (a) shall become final at

the close of business on the 10th working day from the date of

receipt by the commission of the notice of the local government's

final action, unless an appeal is submitted within that time.

Regardless of whether an appeal is submitted, the local government's

action shall become final if an appeal fee is imposed pursuant to

subdivision (d) of Section 30620 and is not deposited with the

commission within the time prescribed.

(d) A local government taking an action on a coastal development

permit shall send notification of its final action to the commission

by certified mail within seven calendar days from the date of taking

the action.

 

30603.1. (a) In any city and county which so requests, the

commission may adjust the inland boundary of the area within which

the issuance of coastal development permits may be appealed to the

commission pursuant to paragraph (1) of subdivision (a) of Section

30603. Any such adjustment shall be made solely to avoid the

circumstance of having the boundary of that area bisect an individual

parcel of property. The adjustment may be made landward or seaward,

but shall be the minimum distance necessary, consistent with the

policies of Chapter 3 (commencing with Section 30200), to avoid

bisecting a parcel of property.

(b) If the commission subsequently finds that the circumstances

which warranted a boundary adjustment pursuant to subdivision (a)

have changed, it may, after notice to the city and county, readjust

the boundary so that it is consistent with the changed circumstances.

The requirements of subdivision (a) shall apply to any such

boundary adjustment.

 

 

30604. (a) Prior to certification of the local coastal program, a

coastal development permit shall be issued if the issuing agency, or

the commission on appeal, finds that the proposed development is in

conformity with Chapter 3 (commencing with Section 30200) and that

the permitted development will not prejudice the ability of the local

government to prepare a local coastal program that is in conformity

with Chapter 3 (commencing with Section 30200). A denial of a

coastal development permit on grounds it would prejudice the ability

of the local government to prepare a local coastal program that is in

conformity with Chapter 3 (commencing with Section 30200) shall be

accompanied by a specific finding which sets forth the basis for that

conclusion.

(b) After certification of the local coastal program, a coastal

development permit shall be issued if the issuing agency or the

commission on appeal finds that the proposed development is in

conformity with the certified local coastal program.

(c) Every coastal development permit issued for any development

between the nearest public road and the sea or the shoreline of any

body of water located within the coastal zone shall include a

specific finding that the development is in conformity with the

public access and public recreation policies of Chapter 3 (commencing

with Section 30200).

(d) No development or any portion thereof which is outside the

coastal zone shall be subject to the coastal development permit

requirements of this division, nor shall anything in this division

authorize the denial of a coastal development permit by the

commission on the grounds the proposed development within the coastal

zone will have an adverse environmental effect outside the coastal

zone.

(e) No coastal development permit may be denied under this

division on the grounds that a public agency is planning or

contemplating to acquire the property on, or property adjacent to the

property on, which the proposed development is to be located, unless

the public agency has been specifically authorized to acquire the

property and there are funds available, or funds which could

reasonably be expected to be made available within one year, for the

acquisition. If a permit has been denied for that reason and the

property has not been acquired by a public agency within a reasonable

period of time, a permit may not be denied for the development on

grounds that the property, or adjacent property, is to be acquired by

a public agency when the application for such a development is

resubmitted.

 

 

30605. To promote greater efficiency for the planning of any public

works or state university or college or private university

development projects and as an alternative to project-by-project

review, plans for public works or state university or college or

private university long-range land use development plans may be

submitted to the commission for review in the same manner prescribed

for the review of local coastal programs as set forth in Chapter 6

(commencing with Section 30500). If any plan for public works or

state university or college development project is submitted prior to

certification of the local coastal programs for the jurisdictions

affected by the proposed public works, the commission shall certify

whether the proposed plan is consistent with Chapter 3 (commencing

with Section 30200). The commission shall, by regulation, provide

for the submission and distribution to the public, prior to public

hearings on the plan, detailed environmental information sufficient

to enable the commission to determine the consistency of the plans

with the policies of this division. If any such plan for public

works is submitted after the certification of local coastal programs,

any such plan shall be approved by the commission only if it finds,

after full consultation with the affected local governments, that the

proposed plan for public works is in conformity with certified local

coastal programs in jurisdictions affected by the proposed public

works. Each state university or college or private university shall

coordinate and consult with local government in the preparation of

long-range development plans so as to be consistent, to the fullest

extent feasible, with the appropriate local coastal program. Where a

plan for a public works or state university or college or private

university development project has been certified by the commission,

any subsequent review by the commission of a specific project

contained in the certified plan shall be limited to imposing

conditions consistent with Sections 30607 and 30607.1. A certified

long-range development plan may be amended by the state university

or college or private university, but no amendment shall take effect

until it has been certified by the commission. Any proposed

amendment shall be submitted to, and processed by, the commission in

the same manner as prescribed for amendment of a local coastal

program.

 

 

30606. Prior to the commencement of any development pursuant to

Section 30605, the public agency proposing the public works project,

or state university or college or private university, shall notify

the commission and other interested persons, organizations, and

governmental agencies of the impending development and provide data

to show that it is consistent with the certified public works plan or

long-range development plan. No development shall take place within

30 working days after the notice.

 

 

30607. Any permit that is issued or any development or action

approved on appeal, pursuant to this chapter, shall be subject to

reasonable terms and conditions in order to ensure that such

development or action will be in accordance with the provisions of

this division.

 

 

30607.1. Where any dike and fill development is permitted in

wetlands in conformity with Section 30233 or other applicable

policies set forth in this division, mitigation measures shall

include, at a minimum, either acquisition of equivalent areas of

equal or greater biological productivity or opening up equivalent

areas to tidal action; provided, however, that if no appropriate

restoration site is available, an in-lieu fee sufficient to provide

an area of equivalent productive value or surface areas shall be

dedicated to an appropriate public agency, or the replacement site

shall be purchased before the dike or fill development may proceed.

The mitigation measures shall not be required for temporary or

short-term fill or diking if a bond or other evidence of financial

responsibility is provided to assure that restoration will be

accomplished in the shortest feasible time.

 

 

30607.2. (a) Conditions requiring housing for persons and families

of low or moderate income, as defined in Section 50093 of the Health

and Safety Code, which were incorporated into a coastal development

permit issued prior to January 1, 1982, may, at the request of the

permittee, be amended or modified by the commission or by a local

government having the authority to issue coastal development permits.

In approving those amendments or modifications, only those

conditions and requirements authorized by Section 65590 of the

Government Code may be imposed on the permittee.

(b) Any person who, prior to January 1, 1982, has been issued a

coastal development permit which contains requirements for low- and

moderate-income housing but who, prior to January 1, 1982, has not

performed substantial work on the development site (such as grading,

installation of streets, sewers, or utilities, or construction of

major buildings) may elect to proceed under either of the following

options:

(1) To proceed pursuant to all of the requirements of the coastal

development permit, in which event the provisions of subdivision (a)

shall apply to any subsequent request to amend or alter the coastal

development permit in regard to housing requirements.

(2) To proceed without complying with the housing requirements

contained in the coastal development permit, in which event the

housing requirements for the development shall be governed by Section

65590 of the Government Code.

(c) No new coastal development permit or amendment to any

existing permit for a sewer project shall be denied, restricted, or

conditioned by the commission in order to implement housing policies

or programs.

(d) Nothing in this section authorizes or requires the

modification of or amendment to any terms or conditions of any

previously issued coastal development permit which guarantees housing

opportunities for persons and families of low or moderate income

where the term or condition has been met through an agreement

executed and recorded on or before January 1, 1982, between an

applicant and the commission. For previously approved or issued

permits which involve new construction of less than 10 residential

units, an executed and recorded agreement guaranteeing housing

opportunities for persons or families of low or moderate income,

which has not been implemented by the transfer of an interest in real

property or payment of a fee to a public agency or nonprofit

association for the purpose of providing these housing opportunities,

shall be voided if the applicant records the notice provided by the

executive director of the commission. Further, nothing in this

section impairs the commission's authority to deny, restrict, or

condition new permits or amendments to existing permits based on any

requirement of this division.

(e) Nothing in this section authorizes or requires the

modification of or amendment to any terms or conditions in Permit

#P-80-419 issued by the commission with respect to the reservation or

administration of sewer capacity for affordable housing in the San

Mateo County local coastal program.

 

 

30607.5. Within the City of San Diego, the commission shall not

impose or adopt any requirements in conflict with the provisions of

the plan for the protection of vernal pools approved and adopted by

the City of San Diego on June 17, 1980, following consultation with

state and federal agencies, and approved and adopted by the United

States Army Corps of Engineers in coordination with the United States

Fish and Wildlife Service.

 

 

30608. (a) No person who has obtained a vested right in a

development prior to the effective date of this division or who has

obtained a permit from the California Coastal Zone Conservation

Commission pursuant to the California Coastal Zone Conservation Act

of 1972 (commencing with Section 27000) shall be required to secure

approval for the development pursuant to this division; provided,

however, that no substantial change may be made in any such

development without prior approval having been obtained under this

division.

 

30608.5. The Legislature recognizes the unique circumstances

applicable to Chapter 2.5 (commencing with Section 30150) because the

coastal zone additions proposed therein are primarily intended to

ensure application of the planning requirements of this division

within such areas. Accordingly, no person who proposes a development

on land which is added to the coastal zone by Chapter 2.5

(commencing with Section 30150) and who prior to July 1, 1979, has

obtained from the city or county of jurisdiction a building permit,

grading permit, tentative map approval, or other similar permit

defining the scope of the development to be undertaken, shall be

required to obtain a coastal development permit in order to proceed

with or complete the authorized development. The provisions of this

section shall apply only to developments actually completed or where

substantial work has actually been undertaken prior to July 1, 1981.

The provisions of this section shall apply even in the event that

completion of development is contingent upon subsequently obtaining

one or more additional permits, licenses, or other entitlements from

appropriate public agencies.

 

 

30609. Where, prior to January 1, 1977, a permit was issued and

expressly made subject to recorded terms and conditions that are not

dedications of land or interests in land for the benefit of the

public or a public agency pursuant to the California Coastal Zone

Conservation Act of 1972 (commencing with Section 27000), the owner

of real property which is the subject of such permit may apply for

modification or elimination of the recordation of such terms and

conditions pursuant to the provisions of this division. Such

application shall be made in the same manner as a permit application.

In no event, however, shall such a modification or elimination of

recordation result in the imposition of terms or conditions which are

more restrictive than those imposed at the time of the initial grant

of the permit. Unless modified or deleted pursuant to this section,

any condition imposed on a permit issued pursuant to the former

California Coastal Zone Conservation Act of 1972 (commencing with

Section 27000) shall remain in full force and effect.

 

 

 

30609.5. (a) Except as provided in subdivisions (b) and (c), no

state land that is located between the first public road and the sea,

with an existing or potential public accessway to or from the sea,

or that the commission has formally designated as part of the

California Coastal Trail, shall be transferred or sold by the state

to any private entity unless the state retains a permanent property

interest in the land adequate to provide public access to or along

the sea. In any transfer or sale of real property by a state agency

to a private entity or person pursuant to this section, the

instrument of conveyance created by the state shall require that the

private entity or person or the entity or person's successors or

assigns manage the property in such a way as to ensure that existing

or potential public access is not diminished. The instrument of

conveyance shall further require that any violation of this

management requirement shall result in the reversion of the real

property to the state.

(b) This section shall not apply to the transfer of state land to

a nonprofit organization that exists for the purposes of preserving

lands for public use and enjoyment and meets the requirements of

subdivision (b) of Section 831.5 of the Government Code.

(c) Notwithstanding the provisions of subdivision (a), state lands

between the first public road and the sea, that are under the

possession and control of the Department of Parks and Recreation or

the State Coastal Conservancy, may be transferred or sold if the

department or the conservancy makes one or more of the following

findings at a noticed public hearing relating to the transfer or sale

of the property:

(1) The state has retained or will retain, as a condition of the

transfer or sale, permanent property interests on the land providing

public access to or along the sea.

(2) Equivalent or greater public access to the same beach or

shoreline area is provided for than would be feasible if the land

were to remain in state ownership.

(3) The land to be transferred or sold is an environmentally sensitive area with natural resources that would be adversely impacted by public use, and the state will retain permanent property interests in the land that may be necessary to protect, or otherwise provide for the permanent protection of, those resources prior to or as a condition of the transfer or sale.

(4) The land to be transferred or sold has neither existing nor

potential public accessway to the sea.

(d) Nothing in this section shall be construed to interfere with

the management responsibilities of state resource agencies,

including, but not limited to, the responsibilities to ensure public

safety and implement the California Endangered Species Act (Chapter

1.5 (commencing with Section 2050) of Division 3 of the Fish and Game

Code).

(e) As used in this section, "state land" means any real property

in which the state or any state agency has an ownership interest

including, but not limited to, a fee, title, easement, deed

restriction, or other interest in land. It does not include land in

which a city, county, city and county, or district has an ownership

interest.

(f) Nothing in this section is intended to restrict a private

property owner's right to sell or transfer private property.

 

 

30610. Notwithstanding any other provision of this division, no

coastal development permit shall be required pursuant to this chapter

for the following types of development and in the following areas:

(a) Improvements to existing single-family residences; provided,

however, that the commission shall specify, by regulation, those

classes of development which involve a risk of adverse environmental effect and shall require that a coastal development permit be obtained pursuant to this chapter.

(b) Improvements to any structure other than a single-family

residence or a public works facility; provided, however, that the

commission shall specify, by regulation, those types of improvements

which (1) involve a risk of adverse environmental effect, (2)

adversely affect public access, or (3) involve a change in use

contrary to any policy of this division. Any improvement so

specified by the commission shall require a coastal development

permit.

(c) Maintenance dredging of existing navigation channels or moving

dredged material from those channels to a disposal area outside the

coastal zone, pursuant to a permit from the United States Army Corps

of Engineers.

(d) Repair or maintenance activities that do not result in an

addition to, or enlargement or expansion of, the object of those

repair or maintenance activities; provided, however, that if the

commission determines that certain extraordinary methods of repair

and maintenance involve a risk of substantial adverse environmental

impact, it shall, by regulation, require that a permit be obtained

pursuant to this chapter.

(e) Any category of development, or any category of development

within a specifically defined geographic area, that the commission,

after public hearing, and by two-thirds vote of its appointed

members, has described or identified and with respect to which the

commission has found that there is no potential for any significant

adverse effect, either individually or cumulatively, on coastal

resources or on public access to, or along, the coast and, where the

exclusion precedes certification of the applicable local coastal

program, that the exclusion will not impair the ability of local

government to prepare a local coastal program.

(f) The installation, testing, and placement in service or the

replacement of any necessary utility connection between an existing

service facility and any development approved pursuant to this

division; provided, however, that the commission may, where

necessary, require reasonable conditions to mitigate any adverse

impacts on coastal resources, including scenic resources.

(g) (1) The replacement of any structure, other than a public

works facility, destroyed by a disaster. The replacement structure

shall conform to applicable existing zoning requirements, shall be

for the same use as the destroyed structure, shall not exceed either

the floor area, height, or bulk of the destroyed structure by more

than 10 percent, and shall be sited in the same location on the

affected property as the destroyed structure.

(2) As used in this subdivision:

(A) "Disaster" means any situation in which the force or forces

which destroyed the structure to be replaced were beyond the control

of its owner.

(B) "Bulk" means total interior cubic volume as measured from the

exterior surface of the structure.

(C) "Structure" includes landscaping and any erosion control

structure or device which is similar to that which existed prior to

the occurrence of the disaster.

(h) Any activity anywhere in the coastal zone that involves the

conversion of any existing multiple-unit residential structure to a

time-share project, estate, or use, as defined in Section 11003.5 of

the Business and Professions Code. If any improvement to an existing

structure is otherwise exempt from the permit requirements of this

division, no coastal development permit shall be required for that

improvement on the basis that it is to be made in connection with any

conversion exempt pursuant to this subdivision. The division of a

multiple-unit residential structure into condominiums, as defined in

Section 783 of the Civil Code, shall not be considered a time-share

project, estate, or use for purposes of this subdivision.

(i) (1) Any proposed development which the executive director

finds to be a temporary event which does not have any significant

adverse impact upon coastal resources within the meaning of

guidelines adopted pursuant to this subdivision by the commission.

The commission shall, after public hearing, adopt guidelines to

implement this subdivision to assist local governments and persons

planning temporary events in complying with this division by

specifying the standards which the executive director shall use in

determining whether a temporary event is excluded from permit

requirements pursuant to this subdivision. The guidelines adopted

pursuant to this subdivision shall be exempt from the review of the

Office of Administrative Law and from the requirements of Chapter 3.5

(commencing with Section 11340) of Part 1 of Division 3 of Title 2

of the Government Code.

(2) Exclusion or waiver from the coastal development permit

requirements of this division pursuant to this subdivision does not

diminish, waive, or otherwise prevent the commission from asserting

and exercising its coastal development permit jurisdiction over any

temporary event at any time if the commission determines that the

exercise of its jurisdiction is necessary to implement the coastal

resource protection policies of Chapter 3 (commencing with Section

30200).

 

30610.1. (a) Prior to certification of the applicable local coastal

program, no coastal development permit shall be required for the

construction of a single-family residence on any vacant lot meeting

the criteria set forth in subdivision (c) and located in a specified

area designated by the commission pursuant to subdivision (b).

(b) Within 60 days from the effective date of this section, the commission shall designate specific areas in the coastal zone where the construction of a single-family residence on a vacant lot meeting the criteria set forth in subdivision (c) shall not require a coastal development permit. Areas shall be designated for the exclusion provided for in this section if construction of single-family residences within the area to be designated has no potential, either individually or cumulatively, for significant adverse impacts on highly scenic resources of public importance, on environmentally sensitive areas, on prime agricultural land or on agricultural lands currently in production, or on public access to or along the coast.

In addition, if septic tanks will be required or used, an area identified as having septic tank problems by the appropriate regional water quality control board or the State Water Resources Control Board in an approved basin plan or by other formal action of such board may not be designated for exclusion pursuant to this section.

(c) Within areas designated pursuant to subdivision (b), no coastal development permit shall be required for the construction of a single-family residence on any vacant lot which meets all of the following criteria:

(1) Is not located between the first public road and the sea or

immediately adjacent to the inland extent of any beach or of the mean

high tide line where there is no beach.

(2) Is a legal lot as of the effective date of this section and

conforms with the minimum lot size and lot use designations of the

applicable general plan and zoning ordinances.

(3) Is not located within an area known to the affected local

government, or designated by any other public agency, as a geologic

hazard area or as a flood hazard area, or, if located within such an

area, it has been determined by the affected local government to be a

safe site for the construction of a single-family residence.

(4) Is no more than 250 feet from an existing improved road

adequate for use throughout the year.

(5) Can be served by an adequate water supply that is legally

available for use either by means of a well or by means of a

connection to a water system with sufficient capacity to serve such

lot or lots; provided, that no such connection shall require the

extension of an existing water main which would have the capacity of

serving four or more additional single-family residential structures.

(d) The commission shall, within 120 days from the effective date

of this section, specify uniform criteria that shall be used to

determine the location of "the first public road" and the inland

extent of any beach for purposes of paragraph (1) of subdivision (c).

(e) Within 30 days after the 120-day period specified in

subdivision (b), the commission shall report to the Legislature and

the Governor what has been done to carry out the provisions of this

section.

(f) The provisions of this section shall apply notwithstanding any

other provision of this division to the contrary.

 

 

30610.2. (a) Any person wishing to construct a single-family

residence on a vacant lot within an area designated by the commission

pursuant to subdivision (b) of Section 30610.1 shall, prior to the

commencement of construction, secure from the local government with

jurisdiction over the lot in question a written certification or

determination that the lot meets the criteria specified in

subdivision (c) of Section 30610.1 and is therefore exempt from the

coastal development permit requirements of this division. A copy of

every certification of exemption shall be sent by the issuing local

government to the commission within five working days after it is

issued.

(b) If the commission does not designate the areas within the

coastal zone as required by subdivision (b) of Section 30610.1 within

the 60 days specified therein, a local government may make the

certification authorized by subdivision (a) of this section without

regard to the requirements of subdivision (b) of Section 30610.1.

 

 

30610.3. (a) Whenever the commission determines (1) that public

access opportunities through an existing subdivided area, which has

less than 75 percent of the subdivided lots built upon, or an area

proposed to be subdivided are not adequate to meet the public access

requirements of this division and (2) that individual owners of

vacant lots in such an area do not have the legal authority to comply

with such public access requirements as a condition of securing a

coastal development permit for the reason that some other person or

persons has such legal authority, the commission shall implement such

public access requirements as provided in this section.

(b) The commission, on its own motion or at the request of an

affected property owner, shall identify an area as meeting the

criteria specified in subdivision (a). After such an area has been

identified, the commission shall, after appropriate public hearings

adopt a specific public access program for such area and shall

request that the State Coastal Conservancy, established pursuant to

Division 21 (commencing with Section 31000), implement such program.

Such access program shall include, but not be limited to, the

identification of specific land areas and view corridors to be used

for public access, any facilities or other development deemed

appropriate, the commission's recommendations regarding the manner in

which public access will be managed, and the types of permitted

public uses. The State Coastal Conservancy shall, pursuant to its

authority, implement such public access program.

(c) There is, in the General Fund, the Coastal Access Account.

The State Coastal Conservancy shall be authorized to expend funds

when appropriated from the Coastal Access Account for the purchase of

lands and view easements and to pay for any development needed to

carry out the public access program specified in subdivision (a).

Not more than 5 percent of the amount of funds necessary to carry out

each such public access program may be provided as a grant to the

State Coastal Conservancy for its administrative costs incurred in

carrying out the access program.

(d) The State Coastal Conservancy may enter into any agreement it

deems necessary and appropriate with any state or local public agency

or with a private association authorized to perform such functions

for the operation and maintenance of any access facilities acquired

or developed pursuant to this section.

(e) Every person receiving a coastal development permit or a

certificate of exemption for development on any vacant lot within an

area designated pursuant to this section shall, prior to the

commencement of construction, pay to the commission, for deposit in

the Coastal Access Account, an "in-lieu" public access fee. The

amount of each such fee shall be determined by dividing the cost of

acquiring the specified lands and view easements by the total number

of lots within the identified area. The proportion of the

acquisition cost that can be allocated to lots built upon pursuant to

permits that were not subject to public access conditions under this

division or the California Coastal Zone Conservation Act of 1972

(former Division 18 (commencing with Section 27000)) shall be paid

from the Coastal Access Account. An "in-lieu" public access fee may

be in the form of an appropriate dedication, in which event the lots

to which such dedication can be credited shall not be counted toward

the total number of lots used in arriving at the "in-lieu" public

access fee share for each remaining lot.

(f) For purposes of determining the acquisition costs specified in

subdivision (e), the State Coastal Conservancy may, in the absence

of a fixed price agreed to by both the State Coastal Conservancy and

the seller, specify an estimated cost based on a formal appraisal of

the value of the interest proposed to be acquired. The appraisal

shall be conducted by an independent appraiser under contract with

the State Coastal Conservancy and shall be completed within 120 days

of the adoption of the specific public access program by the

commission pursuant to subdivision (b). Such appraisal shall be

deemed suitable for all purposes of the Property Acquisition Law

(Part 11 (commencing with Section 15850 of the Government Code)).

For every year following public acquisition of the interests in land

specified as part of a public access program and prior to payment of

the required "in-lieu" fee, a carrying cost factor equal to 5 percent

of the share attributable to each lot shall be added to any unpaid

"in-lieu" public access fee; provided, however, that a lot owner in

such an area may pay the "in-lieu" public access fee at any time

after public acquisition in order to avoid payment of the carrying

cost factor.

(g) No provision of this section may be applied within any portion

of the unincorporated area in the County of Sonoma, commonly known

as the Sea Ranch.

 

30610.4. Upon establishment of an acquisition cost pursuant to

subdivision (f) of Section 30610.3, the commission shall review the

area in question to determine if all or some portion of that area

meets the criteria specified in subdivision (b) of Section 30610.1

for areas within which no coastal development permit will be required

from the commission for construction of single-family residences.

Notwithstanding paragraph (1) of subdivision (c) of Section 30610.1,

lots other than those immediately adjacent to any beach or to the

mean high tide line where there is no beach can be included in such

an exclusion area. If the commission determines an area designated

pursuant to subdivision (b) of Section 30610.3 meets that criteria,

the area shall be designated as one wherein no coastal development

permit from the commission shall be required for the construction of

single-family residences.

(b) Prior to the commencement of construction of any single-family

residence within an area designated pursuant to this section, a

certificate of exemption must be obtained pursuant to Section 30610.2

and the appropriate "in-lieu" public access fee shall be paid.

 

 

30610.5. Urban land areas shall, pursuant to the provisions of this

section, be excluded from the permit provisions of this chapter.

(a) Upon the request of a local government, an urban land area, as

specifically identified by such local government, shall, after

public hearing, be excluded by the commission from the permit

provisions of this chapter where both of the following conditions are

met:

(1) The area to be excluded is either a residential area zoned and

developed to a density of four or more dwelling units per acre on or

before January 1, 1977, or a commercial or industrial area zoned and

developed for such use on or before January 1, 1977.

(2) The commission finds both of the following:

(i) Locally permitted development will be infilling or replacement

and will be in conformity with the scale, size, and character of the

surrounding community.

(ii) There is no potential for significant adverse effects, either

individually or cumulatively, on public access to the coast or on

coastal resources from any locally permitted development; provided,

however, that no area may be excluded unless more than 50 percent of

the lots are built upon, to the same general density or intensity of

use.

(b) Every exclusion granted under subdivision (a) of this section

and subdivision (e) of Section 30610 shall be subject to terms and

conditions to assure that no significant change in density, height,

or nature of uses will occur without further proceedings under this

division, and an order granting an exclusion under subdivision (e) of

Section 30610, but not under subdivision (a) of this section may be

revoked at any time by the commission, if the conditions of exclusion

are violated. Tide and submerged land, beaches, and lots

immediately adjacent to the inland extent of any beach, or of the

mean high tide line of the sea where there is no beach, and all lands

and waters subject to the public trust shall not be excluded under

either subdivision (a) of this section or subdivision (e) of Section

30610.

 

30610.6. (a) The Legislature hereby finds and declares that it is

in the public interest to provide by statute for the resolution of

the lengthy and bitter dispute involving development of existing

legal lots within the unincorporated area of Sonoma County, commonly

known as the Sea Ranch. The reasons for the need to finally resolve

this dispute include:

(1) Acknowledgment by the responsible regulatory agencies that

development of existing lots at Sea Ranch can proceed consistent with

the provisions of this division and other applicable laws provided

certain conditions have been met. Development has been prevented at

considerable costs to property owners because these conditions have

not been met.

(2) That it has been, and continues to be, costly to Sea Ranch

property owners and the public because of, among other reasons,

extensive and protracted litigation, continuing administrative

proceedings, and escalating construction costs.

(3) The need to provide additional public access to and along

portions of the coast at the Sea Ranch in order to meet the

requirements of this division. The continuation of this dispute

prevents the public from enjoying the use of such access

opportunities.

(4) The commission is unable to refund 118 "environmental deposits"

to property owners because coastal development permit conditions

have not been met.

(5) It appears likely that this lengthy dispute will continue

unless the Legislature provides a solution, and the failure to

resolve the dispute will be unfair to property owners and the public.

(b) The Legislature further finds and declares that because of the

unique circumstances of this situation, the provisions of this

section constitute the most expeditious and equitable mechanism to

ensure a timely solution that is in the best interest of property

owners and that is consistent with the requirements of this division.

(c) If the Sea Ranch Association and Oceanic California, Inc.

desire to take advantage of the terms of this section, they shall,

not sooner than April 1, 1981, and not later than July 1, 1981,

deposit into escrow deeds and other necessary documents that have

been determined by the State Coastal Conservancy prior to their

deposit in escrow to be legally sufficient to convey to the State

Coastal Conservancy enforceable and nonexclusive public use easements

free and clear of liens and encumbrances for the easements

specifically described in this subdivision. Upon deposit of five

hundred thousand dollars ($500,000) into the same escrow account by

the State Coastal Conservancy, but in no event later than 30 days

after such deeds and other necessary documents have been deposited in

the escrow account, the escrow agent shall transmit the five hundred

thousand dollars ($500,000), less the escrow, title, and

administrative costs of the State Coastal Conservancy, in an amount

not to exceed twenty thousand dollars ($20,000), to the Sea Ranch

Association and shall convey such deeds and other necessary documents

to the State Coastal Conservancy. The conservancy shall

subsequently convey such deeds and other necessary documents to an

appropriate public agency that is authorized and agrees to accept

such easements. The deeds specified in this subdivision shall be for

the following easements:

(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access

easement from a point on State Highway 1, 50 feet north of mile post

marker 56.75, a day parking area for 10 vehicles, a 15-foot wide

pedestrian accessway from the parking area continuing west to the

bluff-top trail, and a 15-foot wide bluff-top pedestrian easement

beginning at the southern boundary of Gualala Point County Park and

continuing for approximately three miles in a southerly direction to

the sandy beach at the northern end of Unit 28 just north of Walk-on

Beach together with a 15-foot wide pedestrian easement to provide a

connection to Walk-on Beach to the south.

(2) In Unit 24, a day parking area west of State Highway 1, just

south of Whalebone Reach, for six vehicles, and a 15-foot wide

pedestrian accessway over Sea Ranch Association common areas crossing

Pacific Reach and continuing westerly to the southern portion of

Shell Beach with a 15-foot wide pedestrian easement to connect with

the northern portion of Shell Beach.

(3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway

from State Highway 1, mile post marker 53.96, a day parking area for

10 vehicles, and a 15-foot wide pedestrian accessway from the parking

area to the beach at the intersection of Units 21 and 36.

(4) In Unit 17, adjacent to the intersection of Navigator's Reach

and State Highway 1, 75 feet north of mile post marker 52.21, enough

land to provide day parking for four vehicles and a 15-foot wide

pedestrian accessway from the parking area to Pebble Beach.

(5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway

from State Highway 1, mile post marker 50.85, a day parking area for

10 vehicles and a 15-foot wide pedestrian accessway from the parking

area to Black Point Beach.

(6) With respect to each of the beaches to which access will be

provided by the easements specified in this subdivision, a easement

for public use of the area between the line of mean high tide and

either the toe of the adjacent bluff or the first line of vegetation,

whichever is nearer to the water.

(7) Scenic view easements for those areas specified by the

executive director, as provided in subdivision (d), and which

easements allow for the removal of trees in order to restore and

preserve scenic views from State Highway 1.

(d) The executive director of the commission shall, within 30 days

after the effective date of this section, specifically identify the

areas along State Highway 1 for which the scenic view easements

provided for in paragraph (7) of subdivision (c) will be required.

In identifying the areas for which easements for the restoration and

preservation of public scenic views will be required, the executive

director shall take into account the effect of tree removal so as to

avoid causing erosion problems. It is the intent of the Legislature

that only those areas be identified where scenic views to or along

the coast are unique or particularly beautiful or spectacular and

which thereby take on public importance. The restoration and

preservation of the scenic view areas specified pursuant to this

subdivision shall be at public expense.

(e) Within 30 days after the effective date of this section, the

executive director of the commission shall specify design criteria

for the height, site, and bulk of any development visible from the

scenic view areas provided for in subdivision (d). Such criteria

shall be enforced by the County of Sonoma if the deeds and other

necessary documents specified in subdivision (c) have been conveyed

to the State Coastal Conservancy. Such criteria shall be reasonable

so as to enable affected property owners to build single-family

residences of substantially similar overall size to those which

property owners who are not affected by these criteria may build or

have already built under the Sea Ranch Association's building design

criteria. The purpose of such criteria is to ensure that development

will not substantially detract from the specified scenic view areas.

(f) On and after the date on which the deeds and other necessary

documents deposited in escrow pursuant to subdivision (c) have been

conveyed to the State Coastal Conservancy, no additional public

access requirements shall be imposed at the Sea Ranch pursuant to

this division by any regional commission, the commission, any other

state agency, or any local government. The Legislature hereby finds

and declares that the provision of the access facilities specified in

this subdivision shall be deemed adequate to meet the requirements

of this division.

(g) The realignment of internal roads within the Sea Ranch shall

not be required by any state or local agency acting pursuant to the

provisions of this division; provided, however, that appropriate

easements may be required by the County of Sonoma to provide for the

expansion of State Highway 1 for the development of turnout and

left-turn lanes and for the location of a bicycle path, when the

funds are made available for such purposes. The Legislature finds

and declares that the provisions of this subdivision are adequate to

meet the requirements of this division to ensure that new development

at the Sea Ranch will not overburden the capacity of State Highway 1

to the detriment of recreational users.

(h) No coastal development permit shall be required pursuant to

this division for the development of supplemental water supply

facilities determined by the State Water Resources Control Board to

be necessary to meet the needs of legally permitted development

within the Sea Ranch. The commission, through its executive

director, shall participate in the proceedings before the State Water

Resources Control Board relating to such facilities and may

recommend terms and conditions that the commission deems necessary to

protect against adverse impacts on coastal zone resources. The

State Water Resources Control Board shall condition any permit or

other authorization for the development of such facilities so as to

carry out the commission's recommendation, unless the State Water

Resources Control Board determines that any such recommended terms or

conditions are unreasonable. This subdivision shall become

operative if the deeds and other necessary documents specified in

subdivision (c) have been conveyed to the State Coastal Conservancy.

(i) Within 90 days after the effective date of this section, the

commission, through its executive director, shall specify criteria

for septic tank construction, operation, and monitoring within the

Sea Ranch to ensure protection of coastal zone resources consistent

with the policies of this division. The North Coast Regional Water

Quality Control Board shall review such criteria and adopt it, unless

it finds such criteria or a portion thereof is unreasonable. The

regional board shall be responsible for the enforcement of any such

adopted criteria if the deeds and other necessary documents specified

in subdivision (c) have been conveyed to the State Coastal

Conservancy.

(j) Within 60 days after the date on which the deeds and other

necessary documents deposited in escrow pursuant to subdivision (c)

have been conveyed to the State Coastal Conservancy, the commission

shall refund every Sea Ranch"environmental deposit" together with any

interest earned on such deposit to the person, or his or her

designee, who paid such deposit.

(k) Notwithstanding any other provision of law, on and after the

date on which the deeds and other necessary documents deposited in

escrow pursuant to subdivision (c) have been conveyed to the State

Coastal Conservancy, a coastal development permit shall not be

required pursuant to this division for the construction of any

single-family residence dwelling on any vacant, legal lot existing at

the Sea Ranch on the effective date of this section. With respect

to any other development for which a coastal development permit is

required within legally existing lots at the Sea Ranch, no conditions

may be imposed pursuant to this division that impose additional

public access requirements or that relate to supplemental water

supply facilities, septic tank systems, or internal road realignment.

(l) Notwithstanding any other provision of law, if on July 1,

1981, deeds and other necessary documents that are legally sufficient

to convey the easements specified in subdivision (c) have not been

deposited in an escrow account, the provisions of this section shall

no longer be operative and shall have no force or effect and

thereafter all the provisions of this division in effect prior to

enactment of this section shall again be applicable to any

development within the Sea Ranch.

(m) The Legislature hereby finds and declares that the provisions

for the settlement of this dispute, especially with respect to public

access, as set forth in this section provide an alternative to and

are equivalent to the provisions set forth in Section 30610.3. The

Legislature further finds that the provisions of this section are not

in lieu of the permit and planning requirements of this division but

rather provide for an alternative mechanism to Section 30610.3 for

the resolution of outstanding issues at the Sea Ranch.

 

 

30610.8. (a) The Legislature hereby finds and declares that a

dispute exists at the Hollister Ranch in Santa Barbara County with

respect to the implementation of public access policies of this

division and that it is in the interest of the state and the property

owners at the Hollister Ranch to resolve this dispute in an

expeditious manner. The Legislature further finds and declares that

public access should be provided in a timely manner and that in order

to achieve this goal, while permitting property owners to commence

construction, the provisions of this section are necessary to promote

the public's welfare.

(b) For purposes of Section 30610.3 and with respect to the

Hollister Ranch public access program, the in-lieu fee shall be five

thousand dollars ($5,000) for each permit. Upon payment by the

applicant for a coastal development permit of this in-lieu fee to the

State Coastal Conservancy for use in implementing the public access

program, the applicant may immediately commence construction if the

other conditions of the coastal development permit, if any, have been

met. No condition may be added to a coastal development permit that

was issued prior to the effective date of this section for any

development at the Hollister Ranch.

(c) It is the intent of the Legislature that the State Coastal

Conservancy and the State Public Works Board utilize their authority

provided under law to implement, as expeditiously as possible, the

public access policies and provisions of this division at the

Hollister Ranch in Santa Barbara County.

(d) Notwithstanding provision 2 of category (2) of Item

3760-490-721 of the Budget Act of 1984, all in-lieu fees received

pursuant to this section shall be deposited in the State Coastal

Conservancy Fund and shall be available for appropriation to the

conservancy for the purposes specified in subdivision (d) of Section

5096.151.

 

30610.9. (a) This section applies only if the governing body of a

local government elects to designate the commission as the processing

and permitting authority for purposes of this section.

(b) In order to expedite the processing of an application for a

coastal development permit for a motion picture, television, or

commercial production project in the coastal zone, the governing body

of a local government with a certified local coastal program may

elect to designate the commission as the appropriate authority to

process and issue a coastal development permit for a temporary,

nonrecurring location set, if the production activity, including

preparation, construction, filming, and set removal at the site will

not exceed 190 days, in accordance with the following procedures:

(1) The applicant shall submit a copy of the commission's coastal

development permit application, or the local coastal development

permit application, to the local government. The governing body of

the local government may elect to designate the commission as the

processing and permitting authority on a project-by-project basis.

The governing body may designate the local coastal administrator or

other designee as the decisionmaking authority to decide the projects

that will be transmitted to the commission for processing and

permitting.

(2) If the governing body of the local government elects to

designate the commission as the processing and permitting authority

for a project, all documents and changes submitted to the commission

during the course of the application process shall also be submitted

to the local government for informational purposes. The local

government may transmit any recommendations it may have for the

project to the commission.

(3) If the commission issues an administrative permit for a

project, rather than a coastal development permit, the local coastal

administrator, other designee, or governing body, as the case may be,

may object to the commission regarding the issuance of that permit.

(4) The applicant shall obtain all local noncoastal use permits in

connection with the project. The approval of the commission's

coastal development permit shall be conditioned on the approval of

the local noncoastal permits.

(5) The applicant shall transmit all complaints and comments from

residents and business owners in connection with the filming activity

to the commission for consideration prior to the approval of the

application.

(6) The applicant shall obtain all other applicable permits

required by state and federal jurisdictions in connection with the

project.

 

30611. When immediate action by a person or public agency

performing a public service is required to protect life and public

property from imminent danger, or to restore, repair, or maintain

public works, utilities, or services destroyed, damaged, or

interrupted by natural disaster, serious accident, or in other cases

of emergency, the requirements of obtaining any permit under this

division may be waived upon notification of the executive director of

the commission of the type and location of the work within three

days of the disaster or discovery of the danger, whichever occurs

first. Nothing in this section authorizes permanent erection of

structures valued at more than twenty-five thousand dollars

($25,000).

 

 

30612. An application for a coastal development permit to demolish

a structure shall not be denied unless the agency authorized to issue

that permit, or the commission, on appeal, where appeal is

authorized by this division, finds, based on a preponderance of the

evidence, that retention of that structure is feasible.

 

 

 

30613. (a) The provisions of subdivision (b) of Section 30519,

subdivision (b) of Section 30600, and subdivision (b) of Section

30610.5, which apply to lands subject to the public trust shall not

apply to any lands which may be subject to the public trust but which

the commission, after consultation with the State Lands Commission,

determines are (1) filled and developed and are (2) located within an

area which is committed to urban uses.

(b) No later than 120 days after receiving a request from a local

government, the commission shall determine the lands within the

jurisdiction of that local government to which the provisions of

subdivision (a) apply.

(c) The provisions of this section shall apply to lands which have

been the subject of coastal development permits, local coastal

programs, categorical exclusions or urban exclusions, which have

previously been approved, authorized, or certified by the commission.

 

* 30620. (a) By January 30, 1977, the commission shall, consistent

* with this chapter, prepare interim procedures for the submission,

review, and appeal of coastal development permit applications and of

claims of exemption. These procedures shall include, but are not

limited to, the following:

(1) Application and appeal forms.

(2) Reasonable provisions for notification to the commission and

other interested persons of any action taken by a local government

pursuant to this chapter, in sufficient detail to ensure that a

preliminary review of that action for conformity with this chapter

can be made.

(3) Interpretive guidelines designed to assist local governments,

the commission, and persons subject to this chapter in determining

how the policies of this division shall be applied in the coastal

zone prior to the certification of local coastal programs. However,

the guidelines shall not supersede, enlarge, or diminish the powers

or authority of the commission or any other public agency.

(b) Not later than May 1, 1977, the commission shall, after public

hearing, adopt permanent procedures that include the components

specified in subdivision (a) and shall transmit a copy of those

procedures to each local government within the coastal zone and make

them readily available to the public. The commission may thereafter,

from time to time, and, except in cases of emergency, after public

hearing, modify or adopt additional procedures or guidelines that the

commission determines to be necessary to better carry out this

division.

(c) (1) The commission may require a reasonable filing fee and the

reimbursement of expenses for the processing by the commission of

any application for a coastal development permit under this division

and, except for local coastal program submittals, for any other

filing, including, but not limited to, a request for revocation,

categorical exclusion, or boundary adjustment, submitted for review

by the commission.

(2) Any coastal development permit fees collected by the

commission under paragraph (1) shall be deposited in the Coastal

Access Account, which is hereby created in the State Coastal

Conservancy Fund. The money in the account shall be available, upon

appropriation by the Legislature in the annual Budget Act, to the

State Coastal Conservancy for grants to public agencies and private

nonprofit entities or organizations for the development, maintenance,

and operation of new or existing facilities that provide public

access to the shoreline of the sea, as defined in Section 30115. Any

grant funds that are not expended for those purposes shall revert to

the account. Nothing in this paragraph authorizes an increase in

fees or creates any new authority on the part of the commission.

(d) With respect to any appeal of an action taken by a local

government pursuant to Section 30602 or 30603, the executive director

shall, within five working days of receipt of an appeal from any

person other than members of the commission or any public agency,

determine whether the appeal is patently frivolous. If the executive

director determines that an appeal is patently frivolous, the appeal

shall not be filed unless a filing fee in the amount of three

hundred dollars ($300) is deposited with the commission within five

working days of the receipt of the executive director's

determination. If the commission subsequently finds that the appeal

raises a substantial issue, the filing fee shall be refunded.

 

 

30620.5. (a) A local government may exercise the option provided in

subdivision (b) of Section 30600, if it does so for the entire area

of its jurisdiction within the coastal zone and after it establishes

procedures for the issuance of coastal development permits. Such

procedures shall incorporate, where applicable, the interpretive

guidelines issued by the commission pursuant to Section 30620.

(b) If a local government elects to exercise the option provided

in subdivision (b) of Section 30600, the local government shall, by

resolution adopted by the governing body of such local government,

notify the commission and shall take appropriate steps to assure that

the public is properly notified of such action. The provisions of

subdivision (b) of Section 30600 shall take effect and shall be

exercised by the local government on the 10th working day after the

date on which the resolution required by this subdivision is adopted.

(c) Every local government exercising the option provided in

subdivision (b) of Section 30600 or acting on coastal development

permits prior to certification of its local coastal program pursuant

to Sections 30520, 30600.5, and 30624, shall within five working days

notify the commission and any person who, in writing, has requested

such notification, in the manner prescribed by the commission

pursuant to Section 30600.5 or 30620, of any coastal development

permit it issues.

(d) Within five working days of receipt of the notice required by

subdivision (c), the executive director of the commission shall

post, at a conspicuous location in the commission's office, a

description of the coastal development permit issued by the local

government. Within 15 working days of receipt of such notice, the

executive director shall, in the manner prescribed by the commission

pursuant to subdivision (a) of Section 30620, provide notice of the

locally issued coastal development permit to members of the

commission.

 

30620.6. The commission shall, not later than August 1, 1978, and

after public hearing, adopt public notice and appeal procedures for

the review of development projects appealable pursuant to Sections

30603 and 30715. The commission shall send copies of such procedures

to every local government within the coastal zone and shall make

them readily available to the public.

 

 

30621. (a) The commission shall provide for a de novo public

hearing on applications for coastal development permits and any

appeals brought pursuant to this division and shall give to any

affected person a written public notice of the nature of the

proceeding and of the time and place of the public hearing. Notice

shall also be given to any person who requests, in writing, such

notification. A hearing on any coastal development permit

application or an appeal shall be set no later than 49 days after the

date on which the application or appeal is filed with the

commission.

(b) An appeal that is properly submitted shall be considered to be

filed when any of the following occurs:

(1) The executive director determines that the appeal is not

patently frivolous pursuant to subdivision (d) of Section 30620.

(2) The five-day period for the executive director to determine

whether an appeal is patently frivolous pursuant to subdivision (d)

of Section 30620 expires without that determination.

(3) The appellant pays the filing fee within the five-day period

set forth in subdivision (d) of Section 30620.

 

 

30622. The commission shall act upon the coastal development permit

application or an appeal within 21 days after the conclusion of the

hearing pursuant to Section 30621.

 

 

30623. If an appeal of any action on any development by any local

government or port governing body is filed with the commission, the

operation and effect of that action shall be stayed pending a

decision on appeal.

 

30624. (a) The commission shall provide, by regulation, for the

issuance of coastal development permits by the executive director of

the commission or, where the coastal development permit authority

has been delegated to a local government pursuant to Section 30600.5,

by an appropriate local official designated by resolution of the

local government without compliance with the procedures specified in

this chapter in cases of emergency, other than an emergency provided

for under Section 30611, and for the following nonemergency

developments: improvements to any existing structure; any

single-family dwelling; any development of four dwelling units or

less within any incorporated area that does not require demolition;

any other developments not in excess of one hundred thousand dollars

($100,000) other than any division of land; and any development

specifically authorized as a principal permitted use and proposed in

an area for which the land use portion of the applicable local

coastal program has been certified. Such permit for nonemergency

development shall not be effective until after reasonable public

notice and adequate time for the review of such issuance has been

provided.

(b) If one-third of the appointed members of the commission so

request at the first meeting following the issuance of such permit by

the executive director, such issuance shall not be effective, and,

instead, the application shall be processed in accordance with the

commission's procedures for permits and pursuant to the provisions of

this chapter.

(c) Any permit issued by a local official pursuant to the

provisions of this section shall be scheduled on the agenda of the

governing body of the local agency at its first scheduled meeting

after that permit has been issued. If, at that meeting, one-third of

the members of that governing body so request, the permit issued by

the local official shall not go into effect and the application for a

coastal development permit shall be processed by the local

government pursuant to Section 30600.5.

(d) No monetary limitations shall be required for emergencies

covered by the provisions of this section.

 

 

30624.7. The commission may, after a public hearing, by regulation,

adopt procedures for the issuance by the executive director of

waivers from coastal development permit requirements for any

development that is de minimis. A proposed development is de

minimis if the executive director determines that it involves no

potential for any adverse effect, either individually or

cumulatively, on coastal resources and that it will be consistent

with the policies of Chapter 3 (commencing with Section 30200).

A waiver shall not take effect until it has been reported to the

commission at the regularly scheduled meeting following its issuance

by the executive director. If one-third of the appointed membership

of the commission so request, at this meeting, such issuance shall

not be effective and, instead, an application for a coastal

development permit shall be required and processed in accordance with

the provisions of this chapter.

 

30624.9. (a) For purposes of this section, "minor development"

means a development which a local government determines satisfies all

of the following requirements:

(1) Is consistent with the certified local coastal program, as

defined in Section 30108.6.

(2) Requires no discretionary approvals other than a coastal

development permit.

(3) Has no adverse effect either individually or cumulatively on

coastal resources or public access to the shoreline or along the

coast.

(b) After certification of its local coastal program, a local

government may waive the requirement for a public hearing on a

coastal development permit application for a minor development only

if both of the following occur:

(1) Notice that a public hearing shall be held upon request by any

person is provided to all persons who would otherwise be required to

be notified of a public hearing as well as any other persons known

to be interested in receiving notice.

(2) No request for public hearing is received by the local

government within 15 working days from the date of sending the notice

pursuant to paragraph (1).

(c) The notice provided pursuant to subdivision (b) shall include

a statement that failure by a person to request a public hearing may

result in the loss of that person's ability to appeal to the

commission any action taken by a local government on a coastal

development permit application.

 

 

30625. (a) Except as otherwise specifically provided in subdivision

(a) of Section 30602, any appealable action on a coastal development

permit or claim of exemption for any development by a local

government or port governing body may be appealed to the commission

by an applicant, any aggrieved person, or any two members of the

commission. The commission may approve, modify, or deny such

proposed development, and if no action is taken within the time limit

specified in Sections 30621 and 30622, the decision of the local

government or port governing body, as the case may be, shall become

final, unless the time limit in Section 30621 or 30622 is waived by

the applicant.

(b) The commission shall hear an appeal unless it determines the

following:

(1) With respect to appeals pursuant to subdivision (a) of Section

30602, that no substantial issue exists as to conformity with

Chapter 3 (commencing with Section 30200).

(2) With respect to appeals to the commission after certification

of a local coastal program, that no substantial issue exists with

respect to the grounds on which an appeal has been filed pursuant to

Section 30603.

(3) With respect to appeals to the commission after certification

of a port master plan, that no substantial issue exists as to

conformity with the certified port master plan.

(c) Decisions of the commission, where applicable, shall guide

local governments or port governing bodies in their future actions

under this division.

 

30626. The commission may, by regulation, provide for the

reconsideration of the terms and conditions of any coastal

development permit granted by the commission solely for the purpose

of correcting any information contained in those terms and

conditions.

 

 

30627. (a) The commission shall, by regulation, provide procedures

which the commission shall use in deciding whether to grant

reconsideration of any of the following:

(1) Any decision to deny an application for a coastal development

permit.

(2) Any term or condition of a coastal development permit which

has been granted.

(b) The procedures required by subdivision (a) shall include at

least the following provisions:

(1) Only an applicant for a coastal development permit shall be

eligible to request reconsideration.

(2) The request for reconsideration shall be made within 30 days

of the decision on the application for a coastal development permit.

(3) The basis of the request for reconsideration shall be either

that there is relevant new evidence which, in the exercise of

reasonable diligence, could not have been presented at the hearing on

the matter or that an error of fact or law has occurred which has

the potential of altering the initial decision.

(4) The commission shall have the discretion to grant or deny

requests for reconsideration.

(c) A decision to deny a request for reconsideration is not

subject to appeal.

(d) This section shall not alter any right otherwise provided by

this division to appeal an action ; provided, that a request for

reconsideration shall be made only once for any one development

application, and shall, for purposes of any time limits specified in

Sections 30621 and 30622, be considered a new application.

* 30700. For purposes of this division, notwithstanding any other

* provisions of this division except as specifically stated in this

chapter, this chapter shall govern those portions of the Ports of

Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District

located within the coastal zone, but excluding any wetland, estuary,

or existing recreation area indicated in Part IV of the coastal

plan.

 

 

30700.5. The definitions of Chapter 2 (commencing with Section

30100) and the provisions of Chapter 9 (commencing with Section

30800) and Section 30900 shall apply to this chapter.

 

 

30701. The Legislature finds and declares that:

(a) The ports of the State of California, including the Humboldt

Bay Harbor, Recreation, and Conservation District, constitute one of

the state's primary economic and coastal resources and are an

essential element of the national maritime industry.

(b) The location of the commercial port districts within the State

of California, including the Humboldt Bay Harbor, Recreation, and

Conservation District, are well established, and for many years such

areas have been devoted to transportation and commercial, industrial,

and manufacturing uses consistent with federal, state, and local

regulations. Coastal planning requires no change in the number or

location of the established commercial port districts. Existing

ports, including the Humboldt Bay Harbor, Recreation, and

Conservation District, shall be encouraged to modernize and construct

necessary facilities within their boundaries in order to minimize or

eliminate the necessity for future dredging and filling to create

new ports in new areas of the state.

* 30702. For purposes of this division, the policies of the state

* with respect to providing for port-related developments consistent

with coastal protection in the port areas to which this chapter

applies, which require no commission permit after certification of a

port master plan and which, except as provided in Section 30715, are

not appealable to the commission after certification of a master

plan, are set forth in this chapter.

 

 

30703. The California commercial fishing industry is important to

the State of California; therefore, ports shall not eliminate or

reduce existing commercial fishing harbor space, unless the demand

for commercial fishing facilities no longer exists or adequate

alternative space has been provided. Proposed recreational boating

facilities within port areas shall, to the extent it is feasible to

do so, be designed and located in such a fashion as not to interfere

with the needs of the commercial fishing industry.

 

 

30705. (a) Water areas may be diked, filled, or dredged when

consistent with a certified port master plan only for the following:

(1) Construction, deepening, widening, lengthening, or maintenance

of ship channel approaches, ship channels, turning basins, berthing

areas, and facilities that are required for the safety and the

accommodation of commerce and vessels to be served by port

facilities.

(2) New or expanded facilities or waterfront land for port-related

facilities.

(3) New or expanded commercial fishing facilities or recreational

boating facilities.

(4) Incidental public service purposes, including, but not limited

to, burying cables or pipes or inspection of piers and maintenance

of existing intake and outfall lines.

(5) Mineral extraction, including sand for restoring beaches, except in biologically sensitive areas.

(6) Restoration purposes or creation of new habitat areas.

(7) Nature study, mariculture, or similar resource-dependent activities.

(8) Minor fill for improving shoreline appearance or public access

to the water.

(b) The design and location of new or expanded facilities shall,

to the extent practicable, take advantage of existing water depths,

water circulation, siltation patterns, and means available to reduce

controllable sedimentation so as to diminish the need for future

dredging.

(c) Dredging shall be planned, scheduled, and carried out to minimize disruption to fish and bird breeding and migrations, marine habitats, and water circulation. Bottom sediments or sediment

elutriate shall be analyzed for toxicants prior to dredging or mining, and where water quality standards are met, dredge spoils may be deposited in open coastal water sites designated to minimize potential adverse impacts on marine organisms, or in confined coastal waters designated as fill sites by the master plan where the spoil can be isolated and contained, or in fill basins on upland sites. Dredge material shall not be transported from coastal waters into estuarine or fresh water areas for disposal.

(d) For water areas to be diked, filled, or dredged, the

commission shall balance and consider socioeconomic and environmental

factors.

 

30706. In addition to the other provisions of this chapter, the

policies contained in this section shall govern filling seaward of

the mean high tide line within the jurisdiction of ports:

(a) The water area to be filled shall be the minimum necessary to

achieve the purpose of the fill.

(b) The nature, location, and extent of any fill, including the

disposal of dredge spoils within an area designated for fill, shall

minimize harmful effects to coastal resources, such as water quality,

fish or wildlife resources, recreational resources, or sand

transport systems, and shall minimize reductions of the volume,

surface area, or circulation of water.

(c) The fill is constructed in accordance with sound safety

standards which will afford reasonable protection to persons and

property against the hazards of unstable geologic or soil conditions

or of flood or storm waters.

(d) The fill is consistent with navigational safety.

 

 

30707. New or expanded tanker terminals shall be designed and

constructed to do all of the following:

(a) Minimize the total volume of oil spilled.

(b) Minimize the risk of collision from movement of other vessels.

(c) Have ready access to the most effective feasible oilspill

containment and recovery equipment.

(d) Have onshore deballasting facilities to receive any fouled

ballast water from tankers where operationally or legally required.

 

 

30708. All port-related developments shall be located, designed,

and constructed so as to:

(a) Minimize substantial adverse environmental impacts.

(b) Minimize potential traffic conflicts between vessels.

(c) Give highest priority to the use of existing land space within harbors for port purposes, including, but not limited to, navigational facilities, shipping industries, and necessary support and access facilities.

(d) Provide for other beneficial uses consistent with the public trust, including, but not limited to, recreation and wildlife habitat uses, to the extent feasible.

(e) Encourage rail service to port areas and multicompany use of facilities.

 

* 30710. Within 90 days after January 1, 1977, the commission shall, after public hearing, adopt, certify, and file with each port governing body a map delineating the present legal geographical boundaries of each port's jurisdiction within the coastal zone. The commission shall, within such 90-day period, adopt and certify after public hearing, a map delineating boundaries of any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan within the geographical boundaries of each port.

  

30711. (a) A port master plan that carries out the provisions of

this chapter shall be prepared and adopted by each port governing

body, and for informational purposes, each city, county, or city and

county which has a port within its jurisdiction shall incorporate the

certified port master plan in its local coastal program. A port

master plan shall include all of the following:

(1) The proposed uses of land and water areas, where known.

(2) The projected design and location of port land areas, water

areas, berthing, and navigation ways and systems intended to serve

commercial traffic within the area of jurisdiction of the port

governing body.

(3) An estimate of the effect of development on habitat areas and the marine environment, a review of existing water quality, habitat areas, and quantitative and qualitative biological inventories, and proposals to minimize and mitigate any substantial adverse impact.

(4) Proposed projects listed as appealable in Section 30715 in sufficient detail to be able to determine their consistency with the policies of Chapter 3 (commencing with Section 30200) of this division.

(5) Provisions for adequate public hearings and public participation in port planning and development decisions.

(b) A port master plan shall contain information in sufficient detail to allow the commission to determine its adequacy and conformity with the applicable policies of this division.

  

30712. In the consideration and approval of a proposed port master

plan, the public, interested organizations, and governmental agencies

shall be encouraged to submit relevant testimony, statements, and

evidence which shall be considered by the port governing body. The

port governing body shall publish notice of the completion of the

draft master plan and submit a copy thereof to the commission and

shall, upon request, provide copies to other interested persons,

organizations, and governmental agencies. Thereafter, the port

governing body shall hold a public hearing on the draft master plan

not earlier than 30 days and not later than 90 days following the

date the notice of completion was published.

 

 

30713. Ports having completed a master plan prior to January 1,

1977, shall submit a copy thereof to the commission and hold a public

hearing in accordance with the provisions of Section 30712 for the

purpose of reviewing such master plan for conformity with the

applicable provisions of this division and, if necessary, adopting

such changes as would conform such plan to the applicable provisions

of this division. Notice of completion of a master plan shall not be

filed prior to January 2, 1977.

 

 

30714. After public notice, hearing, and consideration of comments

and testimony received pursuant to Sections 30712 and 30713, the port

governing body shall adopt its master plan and submit it to the

commission for certification in accordance with this chapter. Within

90 days after the submittal, the commission, after public hearing,

shall certify the plan or portion of a plan and reject any portion of

a plan which is not certified. The commission may not modify the

plan as submitted as a condition of certification. If the commission

rejects any portion of a plan, it shall base that rejection upon

written findings of fact and conclusion of law. If the commission

fails to take action within the 90-day period, the port master plan

shall be deemed certified. The commission shall certify the plan, or

portion of a plan, if the commission finds both of the following:

(a) The master plan, or certified portions thereof, conforms with

and carries out the policies of this chapter.

(b) Where a master plan, or certified portions thereof, provide

for any of the developments listed as appealable in Section 30715,

the development or developments are in conformity with all of the

policies of Chapter 3 (commencing with Section 30200).

 

 

30715. (a) Until such time as a port master plan or any portion

thereof has been certified, the commission shall permit developments

within ports as provided for in Chapter 7 (commencing with Section

30600). After a port master plan or any portion thereof has been

certified, the permit authority of the commission provided in Chapter

7 (commencing with Section 30600) shall no longer be exercised by

the commission over any new development contained in the certified

plan or any portion thereof and shall at that time be delegated to

the appropriate port governing body, except that approvals of any of

the following categories of development by the port governing body

may be appealed to the commission:

(1) Developments for the storage, transmission, and processing of

liquefied natural gas and crude oil in such quantities as would have

a significant impact upon the oil and gas supply of the state or

nation or both the state and nation. A development which has a

significant impact shall be defined in the master plans.

(2) Waste water treatment facilities, except for those facilities

which process waste water discharged incidental to normal port

activities or by vessels.

(3) Roads or highways which are not principally for internal

circulation within the port boundaries.

(4) Office and residential buildings not principally devoted to

the administration of activities within the port; hotels, motels, and

shopping facilities not principally devoted to the sale of

commercial goods utilized for water-oriented purposes; commercial

fishing facilities; and recreational small craft marina related

facilities.

(5) Oil refineries.

(6) Petrochemical production plants.

(b) If maintenance dredging is part of, or is associated with, any

category of development specified in paragraphs (1) to (6),

inclusive, of subdivision (a), the commission shall not consider that

maintenance dredging in its review and approval of those categories.

 

 

30715.5. No development within the area covered by the certified

port master plan shall be approved by the port governing body unless

it finds that the proposed development conforms with such certified

plan.

 

30716. (a) A certified port master plan may be amended by the port

governing body, but no such amendment shall take effect until it has

been certified by the commission. Any proposed amendment shall be

submitted to, and processed by, the commission in the same manner as

provided for submission and certification of a port master plan.

(b) The commission shall, by regulation, establish a procedure

whereby proposed amendments to a certified port master plan may be

reviewed and designated by the executive director of the commission

as being minor in nature and need not comply with Section 30714.

Such amendments shall take effect on the 10th working day after the

executive director designates such amendments as minor.

(c) (1) The executive director may determine that a proposed

certified port master plan amendment is de minimis if the executive

director determines that the proposed amendment would have no impact,

either individually or cumulatively, on coastal resources, is

consistent with the policies of Chapter 3 (commencing with Section

30200), and meets the following criteria:

(A) The port governing body, at least 21 days prior to the date of

submitting the proposed amendment to the executive director, has

provided public notice, and provided a copy to the commission, which

specifies the dates and places where comments will be accepted on the

proposed amendment, contains a brief description of the proposed

amendment, and states the address where copies of the proposed

amendment are available for public review, by one of the following

procedures:

(i) Publication, not fewer times than required by Section 6061 of

the Government Code, in a newspaper of general circulation in the

area affected by the proposed amendment. If more than one area will

be affected, the notice shall be published in the newspaper of

largest circulation from among the newspapers of general circulation

in those areas.

(ii) Posting of the notice by the port governing body both onsite

and offsite in the area affected by the proposed amendment.

(iii) Direct mailing to the owners and occupants of contiguous

property shown on the latest equalized assessment roll.

(B) The proposed amendment does not propose any change in land use

or water uses or any change in the allowable use of property.

(2) At the time that the port governing body submits the proposed

amendment to the executive director, the port governing body shall

also submit to the executive director any public comments that were

received during the comment period provided pursuant to subparagraph

(A) of paragraph (1).

(3) (A) The executive director shall make a determination as to

whether the proposed amendment is de minimis within 10 working days

from the date of submittal by the local government. If the proposed

amendment is determined to be de minimis, the proposed amendment

shall be noticed in the agenda of the next regularly scheduled

meeting of the commission, in accordance with Section 11125 of the

Government Code, and any public comments forwarded by the port

governing body shall be made available to the members of the

commission.

(B) If three members of the commission object to the executive

director's determination that the proposed amendment is de minimis,

the proposed amendment shall be set for public hearing in accordance

with the procedures specified in subdivision (b), or as specified in

subdivision (c) if applicable, as determined by the executive

director, or, at the request of the port governing body, returned to

the local government. If set for public hearing under subdivision

(b), the time requirements set by this section and Section 30714

shall commence from the date on which the objection to the de minimis

designation was made.

(C) If three of more members of the commission do not object to

the de minimis determination, the de minimis amendment shall become a

part of the certified port master plan 10 days from the date of the

commission meeting.

(4) The commission may, after a noticed public hearing, adopt

guidelines to implement this subdivision, which shall be exempt from

review by the Office of Administrative Law and from Chapter 3.5

(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of

the Government Code. The commission shall file any guidelines

adopted pursuant to this paragraph with the Office of Administrative

Law.

 

 

30717. The governing bodies of ports shall inform and advise the

commission in the planning and design of appealable developments

authorized under this chapter, and prior to commencement of any

appealable development, the governing body of a port shall notify the

commission and other interested persons, organizations, and

governmental agencies of the approval of a proposed appealable

development and indicate how it is consistent with the appropriate

port master plan and this division. An approval of the appealable

development by the port governing body pursuant to a certified port

master plan shall become effective after the 10th working day after

notification of its approval, unless an appeal is filed with the

commission within that time. Appeals shall be filed and processed by

the commission in the same manner as appeals from local government

actions as set forth in Chapter 7 (commencing with Section 30600) of

this division. No appealable development shall take place until the

approval becomes effective.

 

30718. For developments approved by the commission in a certified master plan, but not appealable under the provisions of this chapter, the port governing body shall forward all environmental impact reports and negative declarations prepared pursuant to the Environmental Quality Act of 1970 (commencing with Section 21000) or any environmental impact statements prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) to the commission in a timely manner for comment.

  

30719. Any development project or activity authorized or approved

pursuant to the provisions of this chapter shall be deemed certified

by the commission as being in conformity with the coastal zone

management program insofar as any such certification is requested by

any federal agency pursuant to the Federal Coastal Zone Management

Act of 1972 (16 U.S.C. 1451, et seq.), National Oceanic and

Atmospheric Administration, and memoranda of understanding between

the state and federal governments relative thereto.

 

 

30720. If the application of any port master plan or part thereof

is prohibited or stayed by any court, the permit authority provided

for in Chapter 7 (commencing with Section 30600) shall be reinstated

in the commission. The reinstated permit authority shall apply as to

any development which would be affected by the prohibition or stay.

 

 

 

30721. (a) The Legislature recognizes that Port Hueneme is unique

in its relationship to the coast in that it is the only deep water

port operated by a harbor district, and is without access to city or

county funds. Therefore, the governing body of Port Hueneme may

claim reimbursement of costs it incurs in the preparation and

certification of a port master plan as required by this chapter.

(b) Prior to submitting any claim for reimbursement, the governing

body of the port shall submit its proposed claims to the executive

director of the commission for review and approval and shall provide

adequate documentation to enable the executive director to make the

following determinations:

(1) That the work done was directly attributable to the operation

of this chapter.

(2) That the work done is reasonably related to, and appears to be

necessary for, the preparation of a certifiable port master plan for

the geographic area within the port's jurisdiction as identified by

the commission pursuant to Section 30710.

(3) That the governing body of a port is not reimbursed for the

costs of the work from any other source.

The executive director of the commission shall, within 60 days

after receipt of the necessary information, approve the proposed

claim, if the director can make the determinations set forth in this

subdivision.

(c) After a proposed claim has been reviewed and approved by the

executive director of the commission pursuant to subdivision (b), the

governing body of the port may submit its claim for reimbursement to

the Controller who shall then process and pay any such claim as

provided for in Section 2231 of the Revenue and Taxation Code.

* 30800. The provisions of this chapter shall be in addition to any

* other remedies available at law.

 

 

30801. Any aggrieved person shall have a right to judicial review

of any decision or action of the commission by filing a petition for

a writ of mandate in accordance with Section 1094.5 of the Code of

Civil Procedure, within 60 days after the decision or action has

become final.

For purposes of this section and subdivision (c) of Section 30513

and Section 30625, an "aggrieved person" means any person who, in

person or through a representative, appeared at a public hearing of

the commission, local government, or port governing body in

connection with the decision or action appealed, or who, by other

appropriate means prior to a hearing, informed the commission, local

government, or port governing body of the nature of his concerns or

who for good cause was unable to do either. "Aggrieved person"

includes the applicant for a permit and, in the case of an approval

of a local coastal program, the local government involved.

 

 

30802. Any person, including an applicant for a permit or the

commission, aggrieved by the decision or action of a local government

that is implementing a certified local coastal program or certified

port master plan, or is exercising its powers pursuant to Section

30600.5, which decision or action may not be appealed to the

commission, shall have a right to judicial review of such decision or

action by filing a petition for writ of mandate in accordance with

the provisions of Section 1094.5 of the Code of Civil Procedure

within 60 days after the decision or action has become final. The

commission may intervene in any such proceeding upon a showing that

the matter involves a question of the conformity of a proposed

development with a certified local coastal program or certified port

master plan or the validity of a local government action taken to

implement a local coastal program or certified port master plan. Any

local government or port governing body may request that the

commission intervene. Notice of this action against a local

government or port governing body shall be filed with the commission

within five working days of the filing of this action. When an

action is brought challenging the validity of a local coastal program

or certified port master plan, a preliminary showing shall be made

prior to proceeding on the merits as to why such action should not

have been brought pursuant to the provisions of Section 30801.

 

 

 

30803. (a) Any person may maintain an action for declaratory and

equitable relief to restrain any violation of this division, of a

cease and desist order issued pursuant to Section 30809 or 30810, or

of a restoration order issued pursuant to Section 30811. On a prima

facie showing of a violation of this division, preliminary equitable

relief shall be issued to restrain any further violation of this

division. No bond shall be required for an action under this

section.

(b) A court may stay the operation of the cease and desist order

after it provides notice to the commission and holds a hearing. Any

such stay may be imposed or continued only if it is not against the

public interest.

 

30804. Any person may maintain an action to enforce the duties

specifically imposed upon the commission, any governmental agency,

any special district, or any local government by this division. No

bond shall be required for an action under this section.

 

 

 

30805. Any person may maintain an action for the recovery of civil

penalties provided for in Section 30820 or 30821.6.

 

 

30805.5. Any action pursuant to Sections 30805 or 30822 to recover

civil fines or penalties under this chapter shall be commenced not

later than three years from the date on which the cause of action for

the recovery is known or should have been known.

 

 

30806. (a) Any civil action under this division by, or against, a

city, county, or city and county, the commission, special district,

or any other public agency shall, upon motion of either party, be

transferred to a county or city and county not a party to the action

or to a county or city and county other than that in which the city,

special district, or any other public agency which is a party to the

action is located.

(b) In any action brought by or against any local government, other than an action brought by or against the commission, that involves the enforcement or implementation of its certified local coastal program, the Department of Justice shall, upon the request of the local government, provide such legal assistance as its resources permit.

 30808. In addition to any other remedy provided by this article, any person, including the commission may bring an action to restrain a violation of the terms and conditions of an urban exclusion imposed pursuant to Section 30610.5. In any such action the court may grant whatever relief it deems appropriate to ensure compliance with the terms and conditions of the urban exclusion.

  

30809. (a) If the executive director determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) may require a permit from the commission without securing a permit or (2) may be inconsistent with any permit previously issued by the commission, the executive director may issue an order directing that person or governmental agency to cease and desist. The order may be also issued to enforce any requirements of a certified local coastal program or port master plan, or any requirements of this division which are subject to the jurisdiction of the certified program or plan, under any of the following circumstances:

(1) The local government or port governing body requests the commission to assist with, or assume primary responsibility for, issuing a cease and desist order.

(2) The commission requests and the local government or port governing body declines to act, or does not take action in a timely manner, regarding an alleged violation which could cause significant damage to coastal resources.

(3) The local government or port governing body is a party to the violation.

(b) The cease and desist order shall be issued only if the person or agency has failed to respond in a satisfactory manner to an oral notice given in person or by telephone, followed by a written confirmation, or a written notice given by certified mail or hand delivered to the landowner or the person performing the activity. The notice shall include the following:

(1) A description of the activity which meets the criteria of subdivision (a).

(2) A statement that the described activity constitutes development which is in violation of this division because it is not authorized by a valid coastal development permit.

(3) A statement that the described activity be immediately stopped or the alleged violator may receive a cease and desist order, the violation of which may subject the violator to additional fines.

(4) The name, address, and phone number of the commission or local government office which is to be contacted for further information.

(c) The cease and desist order may be subject to such terms and conditions as the executive director may determine are necessary to avoid irreparable injury to any area within the jurisdiction of the commission pending action by the commission under Section 30810.

(d) The cease and desist order shall be effective upon its issuance, and copies shall be served forthwith by certified mail upon the person or governmental agency subject to the order.

(e) A cease and desist order issued pursuant to this section shall become null and void 90 days after issuance.

 30810. (a) If the commission, after public hearing, determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) requires a permit from the commission without securing a permit or (2) is inconsistent with any permit previously issued by the commission, the commission may issue an order directing that person or governmental agency to cease and desist. The order may also be issued to enforce any requirements of a certified local coastal program or port master plan, or any requirements of this division which are subject to the jurisdiction of the certified program or plan, under any of the following circumstances:

(1) The local government or port governing body requests the commission to assist with, or assume primary responsibility for, issuing a cease and desist order.

(2) The commission requests and the local government or port governing body declines to act, or does not take action in a timely manner, regarding an alleged violation which could cause significant damage to coastal resources.

(3) The local government or port governing body is a party to the violation.

(b) The cease and desist order may be subject to such terms and conditions as the commission may determine are necessary to ensure compliance with this division, including immediate removal of any development or material or the setting of a schedule within which steps shall be taken to obtain a permit pursuant to this division.

(c) Notice of the public hearing on a proposed cease and desist order shall be given to all affected persons and agencies and the order shall be final and effective upon the issuance of the order. Copies shall be served immediately by certified mail upon the person or governmental agency subject to the order and upon other affected persons and agencies who appeared at the hearing or requested a copy. The notice shall include a description of the civil remedy to a cease and desist order, authorized by Section 30803.

 30811. In addition to any other authority to order restoration, the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the commission, local government, or port governing body, the development is inconsistent with this division, and the development is causing continuing resource damage.

* 30820. (a) Any person who violates any provision of this division * may be civilly liable in accordance with this subdivision as follows: (1) Civil liability may be imposed by the superior court in accordance with this article on any person who performs or undertakes development that is in violation of this division or that is inconsistent with any coastal development permit previously issued by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan, in an amount that shall not exceed thirty thousand dollars ($30,000) and shall not be less than five hundred dollars ($500).

(2) Civil liability may be imposed for any violation of this division other than that specified in paragraph (1) in an amount that shall not exceed thirty thousand dollars ($30,000).

(b) Any person who performs or undertakes development that is in violation of this division or that is inconsistent with any coastal development permit previously issued by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan, when the person intentionally and knowingly performs or undertakes the development in violation of this division or inconsistent with any previously issued coastal development permit, may, in addition to any other penalties, be civilly liable in accordance with this subdivision. Civil liability may be imposed by the superior court in accordance with this article for a violation as specified in this subdivision in an amount which shall not be less than one thousand dollars ($1,000), nor more than fifteen thousand dollars ($15,000), per day for each day in which the violation persists.

(c) In determining the amount of civil liability, the following factors shall be considered:

(1) The nature, circumstance, extent, and gravity of the violation.

(2) Whether the violation is susceptible to restoration or other remedial measures.

(3) The sensitivity of the resource affected by the violation.

(4) The cost to the state of bringing the action.

(5) With respect to the violator, any voluntary restoration or remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and such other matters as justice may require.

  

30821.6. (a) Any person or governmental agency who intentionally or negligently violates any cease and desist order issued, reissued, or amended by the executive director or the commission, or any restoration order issued, reissued, or amended by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan may be liable civilly in a sum of not to exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to the damage suffered as a consequence of the violation.

(b) Sections 30809 and 30810 and subdivision (a) of this section do not authorize the issuance or enforcement of any cease and desist order as to any activity undertaken by a local governmental agency pursuant to a declaration of emergency by the board of supervisors of the county in which the activity is being or may be undertaken.

30822. Where a person has intentionally and knowingly violated any provision of this division or any order issued pursuant to this division, the commission may maintain an action, in addition to Section 30803 or 30805, for exemplary damages and may recover an award, the size of which is left to the discretion of the court. In exercising its discretion, the court shall consider the amount of liability necessary to deter further violations.

30823. Any funds derived under this article shall be expended for carrying out the provisions of this division, when appropriated by the Legislature. Funds so derived shall be deposited in the Violation Remediation Account of the Coastal Conservancy Fund until appropriated.

 

30824. In addition to any other applicable penalty, any commission member who knowingly violates Section 30324 is subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys' fees and costs to the prevailing party.

SEVERABILITY

* 30900. If any provision of this division or the application thereof * to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the division which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable.

* 30950. The Secretary of the Resources Agency shall initiate a * comprehensive, long-range planning process for the use of ocean waters offshore of California, may use the advisory panel appointed pursuant to paragraphs (4) of subdivision (d) of Section 6217 as the planning committee, and may use the California Sea Grant Program to promote sound scientific data analysis and assessment in this planning process.

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