State
California
PRC Sec 30000-30900  CALIFORNIA COASTAL ACT



PUBLIC RESOURCES CODE 
SECTION 30000-30265.5





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 pollution
problems 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.

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.  (a) Oil and gas development shall be permitted in accordance
with Section 30260, if the following conditions are met:
   (1) The development is performed safely and consistent with the
geologic conditions of the well site.
   (2) New or expanded facilities related to  that 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.
   (3) Environmentally safe and feasible subsea completions are used
if drilling platforms or islands would substantially degrade coastal
visual  qualities, unless the use of those structures will result in
substantially less environmental risks.
   (4) Platforms or islands will not be sited where a substantial
hazard to vessel traffic might result from the facility or related
operations, as determined in consultation with the United States
Coast Guard and the Army Corps of Engineers.
   (5) The development will not cause or contribute to subsidence
hazards unless it is determined that adequate measures will be
undertaken to prevent damage from  that subsidence.
   (6) With respect to new facilities, all oilfield brines are
reinjected into oil-producing zones unless the Division of  Oil, Gas,
and Geothermal Resources 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.
   (7) (A)  All oil produced offshore California shall be transported
onshore by pipeline only.  The pipelines used to transport this oil
shall utilize the best achievable technology to ensure maximum
protection of public health and safety and of the integrity and
productivity of terrestrial and marine ecosystems.
   (B) Once oil produced offshore California is onshore, it shall be
transported to processing and refining facilities by pipeline.
   (C) The following guidelines shall be used when applying
subparagraphs (A) and (B):
   (i) "Best achievable technology," means the technology that
provides the greatest degree of protection taking into consideration
both of the following:
   (I) Processes that are being developed, or could feasibly be
developed, anywhere in the world, given overall reasonable
expenditures on research and development.
   (II) Processes that are currently in use anywhere in the world.
This clause is not intended to create any conflicting or duplicative
regulation of pipelines, including those governing the transportation
of oil produced from onshore reserves.
   (ii) "Oil" refers to crude oil before it is refined into products,
including gasoline, bunker fuel, lubricants, and asphalt.  Crude oil
that is upgraded in quality through residue reduction or other means
shall be transported as provided in subparagraphs (A) and (B).
   (iii) Subparagraphs (A) and (B) shall apply only to new or
expanded oil extraction operations.  "New extraction operations"
means production of offshore oil from leases that did not exist or
had never produced oil, as of January 1, 2003, or from platforms,
drilling island, subsea completions, or onshore drilling sites, that
did not exist as of January 1, 2003.  "Expanded oil extraction" means
an increase in the geographic extent of existing leases or units,
including lease boundary adjustments, or an increase in the number of
well heads, on or after January 1, 2003.
   (iv) For new or expanded oil extraction operations subject to
clause (iii), if the crude oil is so highly viscous that pipelining
is determined to be an infeasible mode of transportation, or where
there is no feasible access to a pipeline, shipment of crude oil may
be permitted over land by other modes of transportation, including
trains or trucks, which meet all applicable rules and regulations,
excluding any waterborne mode of transport.
   (8) If a state of emergency is declared by the Governor for an
emergency that disrupts the transportation of oil by pipeline, oil
may be transported by a waterborne vessel, if authorized by permit,
in the same manner as required by emergency permits that are issued
pursuant to Section 30624.
   (9) In addition to all other measures that will maximize the
protection of marine habitat and environmental quality, when an
offshore well is abandoned, the best achievable technology shall be
used.
   (b) 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.
   (c) Nothing in this section shall affect the activities of any
state agency that is responsible for regulating the extraction,
production, or transport of oil and gas.


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 15 members:
   (a) The Secretary of the Resources Agency.
   (b) The Secretary of Business, Transportation and Housing.
   (c) The Chairperson of the State Lands Commission.
   (d) 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.
   (e) 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
(e) 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 of 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.  A member of the commission serving pursuant to subdivision
(a), (b), or (c) of Section 30301 shall be a nonvoting member 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.  In making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, 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 term of office of commission members shall be as
follows:
   (a) (1) A person appointed by the Governor and qualified for
membership because he or she holds a specified office as a locally
elected official shall serve at the pleasure of the Governor.
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 Governor, if that occurs
sooner.
   (2) A person appointed by the Senate Committee on Rules or by the
Speaker of the Assembly and qualified for membership because he or
she holds a specified office as a locally elected official shall
serve a term of four years.  However, the membership shall cease 60
days after his or her term of office as a locally elected official
ceases, if that occurs sooner.
   (b) (1) A member appointed by the Governor shall serve for two
years at the pleasure of the Governor, and may be reappointed for
succeeding two-year periods, provided that the member may continue to
serve beyond the two-year term until the Governor has acted and the
appointee is authorized to sit and serve on the commission.
   (2) A member appointed by the Senate Committee on Rules or the
Speaker of the Assembly shall serve for four years, and may be
reappointed for succeeding four-year periods, provided that the
member may continue to serve beyond the four-year term until his or
her appointing authority has acted and the appointee is authorized to
sit and serve on the commission.  If the Senate Committee on Rules
or the Speaker of the Assembly has not acted within 60 days after the
expiration of a member's term, the position shall become vacant
until a person is appointed to a four-year term, calculated from the
expiration date of the preceding term.
   (c) If a vacancy occurs prior to the expiration of the term for
the vacated seat, the appointing authority shall appoint a member for
the remainder of the unexpired term pursuant to this chapter.
   (d) On the effective date of the act adding this subdivision, the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint two members to serve two-year terms and two members to serve
four-year terms.  All subsequent terms shall be for four years.



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 the 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 the 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 the action
states as a principal cause of action the operation of the local
government's local coastal program and the local government prevails
in the action, litigation costs may be paid to the extent the costs
are not assessed against the party bringing the action.  Where the
local government loses the action primarily on grounds it has failed
to properly carry out its certified local coastal program, litigation
costs shall not be paid.  In accordance with procedures established
by the executive director of the commission in consultation with the
Attorney General, litigation costs may be paid prior to the rendering
of a final judgment in the action, if the Attorney General has
intervened in the action in support of the local government's
position, the amount paid does not exceed five hundred thousand
dollars ($500,000), and the amount paid is equal to or greater than 5
percent of the local government's general revenues as published in
the most recent version of "Cities Annual Report" by the Controller.
The local government shall reimburse the state from any costs
recovered after a final judgment is rendered in the action.
   (f) If additional planning is required by the commission as a
condition of its certification of any local coastal program, costs
for the 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.

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.

30410.  (a) The commission and the San Francisco Bay Conservation
and Development Commission shall conduct a joint review of this
division and Title 7.2 (commencing with Section 66600) of the
Government Code to determine how the program administered by the San
Francisco Bay Conservation and Development Commission shall be
related to this division.  Both commissions shall jointly present
their recommendations to the Legislature not later than July 1, 1978.

   (b) It is the intent of the Legislature that the ports under the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, including the Ports of San Francisco, Oakland, Richmond,
Redwood City, Encinal Terminals, and Benicia, should be treated no
less favorably than the ports under the jurisdiction of the
commission covered in Chapter 8 (commencing with Section 30700) under
the terms of any legislation which is developed pursuant to such
study.


30411.  (a) The Department of Fish and Game and the Fish and Game
Commission are the principal state agencies responsible for the
establishment and control of wildlife and fishery management programs
and the commission shall not establish or impose any controls with
respect thereto that duplicate or exceed regulatory controls
established by these agencies pursuant to specific statutory
requirements or authorization.
   (b) The Department of Fish and Game, in consultation with the
commission and the Department of Boating and Waterways, may study
degraded wetlands and identify those which can most feasibly be
restored in conjunction with development of a boating facility as
provided in subdivision (a) of Section 30233.  Any such study shall
include consideration of all of the following:
   (1) Whether the wetland is so severely degraded and its natural
processes so substantially impaired that it is not capable of
recovering and maintaining a high level of biological productivity
without major restoration activities.
   (2) Whether a substantial portion of the degraded wetland, but in
no event less than 75 percent, can be restored and maintained as a
highly productive wetland in conjunction with a boating facilities
project.
   (3) Whether restoration of the wetland's natural values, including
its biological productivity and wildlife habitat features, can most
feasibly be achieved and maintained in conjunction with a boating
facility or whether there are other feasible ways to achieve such
values.
   (c) The Legislature finds and declares that salt water or brackish
water aquaculture is a coastal-dependent use which should be
encouraged to augment food supplies and to further the policies set
forth in Chapter 4 (commencing with Section 825) of Division 1.  The
Department of Fish and Game may identify coastal sites it determines
to be appropriate for aquaculture facilities.  If the department
identifies these sites, it shall transmit information identifying the
sites to the commission and the relevant local government agency.
The commission, and where appropriate, local governments, shall,
consistent with the coastal planning requirements of this division,
provide for as many coastal sites identified by the Department of
Fish and Game for any uses that are consistent with the policies of
Chapter 3 (commencing with Section 30200) of this division.
   (d) Any agency of the state owning or managing land in the coastal
zone for public purposes shall be an active participant in the
selection of suitable sites for aquaculture facilities and shall make
the land available for use in aquaculture when feasible and
consistent with other policies of this division and other provisions
of law.
   (e) The Department of Fish and Game shall, in consultation with
the Aquaculture Development Committee, prepare programmatic
environmental impact reports for existing and potential commercial
aquaculture operations in both coastal and inland areas of  the state
if both of the following conditions are met:
   (1) Funds are appropriated to the department for this purpose.
   (2) Matching funds are provided by the aquaculture industry.



30412.  (a) In addition to Section 13142.5 of the Water Code, this
section shall apply to the commission and the State Water Resources
Control Board and the California regional water quality control
boards.
   (b) The State Water Resources Control Board and the California
regional water quality control boards are the state agencies with
primary responsibility for the coordination and control of water
quality.  The State Water Resources Control Board has primary
responsibility for the administration of water rights pursuant to
applicable law.  The commission shall assure that proposed
development and local coastal programs shall not frustrate this
section.  The commission shall not, except as provided in subdivision
(c), modify, adopt conditions, or take any action in conflict with
any determination by the State Water Resources Control Board or any
California regional water quality control board in matters relating
to water quality or the administration of water rights.
   Except as provided in this section, nothing herein shall be
interpreted in any way either as prohibiting or limiting the
commission, local government, or port governing body from exercising
the regulatory controls over development pursuant to this division in
a manner necessary to carry out this division.
   (c) Any development within the coastal zone or outside the coastal
zone which provides service to any area within the coastal zone that
constitutes a treatment work shall be reviewed by the commission and
any permit it issues, if any, shall be determinative only with
respect to the following aspects of the development:
   (1) The siting and visual appearance of treatment works within the
coastal zone.
   (2) The geographic limits of service areas within the coastal zone
which are to be served by particular treatment works and the timing
of the use of capacity of treatment works for those service areas to
allow for phasing of development and use of facilities consistent
with this division.
   (3) Development projections which determine the sizing of
treatment works for providing service within the coastal zone.
   The commission shall make these determinations in accordance with
the policies of this division and shall make its final determination
on a permit application for a treatment work prior to the final
approval by the State Water Resources Control Board for the funding
of such treatment works.  Except as specifically provided in this
subdivision, the decisions of the State Water Resources Control Board
relative to the construction of treatment works shall be final and
binding upon the commission.
   (d) The commission shall provide or require reservations of sites
for the construction of treatment works and points of discharge
within the coastal zone adequate for the protection of coastal
resources consistent with the provisions of this division.
   (e) Nothing in this section shall require the State Water
Resources Control Board to fund or certify for funding, any specific
treatment works within the coastal zone or to prohibit the State
Water Resources Control Board or any California regional water
quality control board from requiring a higher degree of treatment at
any existing treatment works.



30413.  (a) In addition to the provisions set forth in subdivision
(f) of Section 30241, and in Sections 25302, 25500, 25507, 25508,
25510, 25514, 25516.1, 25523, and 25526, the provisions of this
section shall apply to the commission and the State Energy Resources
Conservation and Development Commission with respect to matters
within the statutory responsibility of the latter.
   (b) The commission shall, prior to January 1, 1978, and after one
or more public hearings, designate those specific locations within
the coastal zone where the location of a facility as defined in
Section 25110 would prevent the achievement of the objectives of this
division; provided, however, that specific locations that are
presently used for such facilities and reasonable expansion thereof
shall not be so designated.  Each such designation shall include a
description of the boundaries of those locations, the objectives of
this division which would be so affected, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area.  The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309.  The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
   (c) The commission, after it completes its initial designations in
1978, shall, prior to January 1, 1980, and once every two years
thereafter until January 1, 1990, revise and update the designations
specified in subdivision (b).  After January 1, 1990, the commission
shall revise and update those designations not less than once every
five years.  Those revisions shall be effective on January 1, 1980,
or on January 1 of the year following adoption of the revisions.  The
provisions of subdivision (b) shall not apply to any sites and
related facilities specified in any notice of intention to file an
application for certification filed with the State Energy Resources
Conservation and Development Commission pursuant to Section 25502
prior to designation of additional locations made by the commission
pursuant to this subdivision.
   (d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of Chapter 6 (commencing with
Section 25500) of Division 15 with respect to any thermal powerplant
or transmission line to be located, in whole or in part, within the
coastal zone, the commission shall participate in those proceedings
and shall receive from the State Energy Resources Conservation and
Development Commission any notice of intention to file an application
for certification of a site and related facilities within the
coastal zone.  The commission shall analyze each notice of intention
and shall, prior to completion of the preliminary report required by
Section 25510, forward to the State Energy Resources Conservation and
Development Commission a written report on the suitability of the
proposed site and related facilities specified in that notice .  The
commission's report shall contain a consideration of, and findings
regarding, all of the following:
   (1) The compatibility of the proposed site and related facilities
with the goal of protecting coastal resources.
   (2) The degree to which the proposed site and related facilities
would conflict with other existing or planned coastal-dependent land
uses at or near the site.
   (3) The potential adverse effects that the proposed site and
related facilities would have on aesthetic values.
   (4) The potential adverse environmental effects on fish and
wildlife and their habitats.
   (5) The conformance of the proposed site and related facilities
with certified local coastal programs in those jurisdictions which
would be affected by any such development.
   (6) The degree to which the proposed site and related facilities
could reasonably be modified so as to mitigate potential adverse
effects on coastal resources, minimize conflict with existing or
planned coastal-dependent uses at or near the site, and promote the
policies of this division.
   (7) Such other matters as the commission deems appropriate and
necessary to carry out this division.
   (e) The commission may, at its discretion, participate fully in
other proceedings conducted by the State Energy Resources
Conservation and Development Commission pursuant to its powerplant
siting authority.  In the event the commission participates in any
public hearings held by the State Energy Resources Conservation and
Development Commission, it shall be afforded full opportunity to
present evidence and examine and cross-examine witnesses.
   (f) The State Energy Resources Conservation and Development
Commission shall forward a copy of all reports it distributes
pursuant to Sections 25302 and 25306 to the commission and the
commission shall, with respect to any report that relates to the
coastal zone or coastal zone resources, comment on those reports, and
shall in its comments include a discussion of the desirability of
particular areas within the coastal zone as designated in such
reports for potential powerplant development.  The commission may
propose alternate areas for powerplant development within the coastal
zone and shall provide detailed findings to support the suggested
alternatives.


30414.  (a) The State Air Resources Board and air pollution control
districts established pursuant to state law and consistent with
requirements of federal law are the principal public agencies
responsible for the establishment of ambient air quality and emission
standards and air pollution control programs.  The provisions of
this division do not authorize the commission or any local government
to establish any ambient air quality standard or emission standard,
air pollution control program or facility, or to modify any ambient
air quality standard, emission standard, or air pollution control
program or facility which has been established by the state board or
by an air pollution control district.
   (b) Any provision of any certified local coastal program which
establishes or modifies any ambient air quality standard, any
emission standard, any air pollution control program or facility
shall be inoperative.
   (c) The State Air Resources Board and any air pollution control
district may recommend ways in which actions of the commission or any
local government can complement or assist in the implementation of
established air quality programs.



30415.  The Director of the Office of Planning and Research shall,
in cooperation with the commission and other appropriate state
agencies, review the policies of this division.  If the director
determines that effective implementation of any policy requires the
cooperative and coordinated efforts of several state agencies, he
shall, no later than July 1, 1978 and from time to time thereafter,
recommend to the appropriate agencies actions that should be taken to
minimize potential duplication and conflicts and which could, if
taken, better achieve effective implementation of such policy.  The
director shall, where appropriate and after consultation with the
affected agency, recommend to the Governor and the Legislature how
the programs, duties, responsibilities, and enabling legislation of
any state agency should be changed to better achieve the goals and
policies of this division.



30416.  (a) The State Lands Commission, in carrying out its duties
and responsibilities as the state agency responsible for the
management of all state lands, including tide and submerged lands,,
in accordance with the provisions of Division 6 (commencing with
Section 6001), shall, prior to certification by the commission
pursuant to Chapters 6 (commencing with Section 30500) and 8
(commencing with Section 30700) review, and may comment on any
proposed local coastal program or port master plan that could affect
state lands.
   (b) No power granted to any local government, port governing body,
or special district, under this division, shall change the authority
of the State Lands Commission over granted or ungranted lands within
its jurisdiction or change the rights and duties of its lessees or
permittees.
   (c) Boundary settlements between the State Lands Commission and
other parties and any exchanges of land in connection therewith shall
not be a development within the meaning of this division.
   (d) Nothing in this division shall amend or alter the terms and
conditions in any legislative grant of lands, in trust, to any local
government, port governing body, or special district; provided,
however, that any development on such granted lands shall, in
addition to the terms and conditions of such grant, be subject to the
regulatory controls provided by Chapters 7 (commencing with Section
30600) and 8 (commencing with Section 30700).



30417.  (a) In addition to the provisions set forth in Section
4551.5, this section shall apply to the State Board of Forestry and
Fire Protection.
   (b) Within 180 days after January 1, 1977, the commission shall
identify special treatment areas within the coastal zone to ensure
that natural and scenic resources are adequately protected.  The
commission shall forward to the State Board of Forestry and Fire
Protection maps of the designated special treatment areas together
with specific reasons for those designations and with recommendations
designed to assist the State Board of Forestry and Fire Protection
in adopting rules and regulations that adequately protect the natural
and scenic qualities of the special treatment areas.



30418.  (a) Pursuant to Division 3 (commencing with Section 3000),
the Division of Oil and Gas of the Department of Conservation is the
principal state agency responsible for regulating the drilling,
operation, maintenance, and abandonment of all oil, gas, and
geothermal wells in the state.  Neither the commission, local
government, port governing body, or special district shall establish
or impose such regulatory controls that duplicate or exceed controls
established by the Division of Oil and Gas pursuant to specific
statutory requirements or authorization.
   This section shall not be construed to limit in any way, except as
specifically provided, the regulatory controls over oil and gas
development pursuant to Chapters 7 (commencing with Section 30600)
and 8 (commencing with Section 30700).
   (b) The Division of Oil and Gas of the Department of Conservation
shall cooperate with the commission by providing necessary data and
technical expertise regarding proposed well operations within the
coastal zone.


30419.  The Department of Boating and Waterways is the principal
state agency for evaluating the economic feasibility of any boating
facility to be developed within the coastal zone.
   If the economic viability of a boating facility becomes an issue
in a coastal development permit matter or in a local coastal program
or any amendment thereto, the commission shall request the Department
of Boating and Waterways to provide comment, including, but not
limited to, the analysis of costs associated with conditions of
approval.  In cases where the Department of Boating and Waterways
desires to make any comment, it shall be made within 30 days of the
commission's request.  The commission shall include the comment in
its decision regarding a coastal development permit or local coastal
program or any amendment thereto.



30420.  Prior to taking any action on (1) a local coastal program or
any amendment thereto, (2) any coastal development permit, or (3)
any consistency determination or certification, that relates to the
disposal of hazardous substances at sea, the commission shall consult
with the following governmental entities:
   (a) Department of Toxic Substances Control.
   (b) State Lands Commission.
   (c) State Air Resources Board and relevant air pollution control
districts or air quality management districts.
   (d) Department of Fish and Game.
   (e) State Water Resources Control Board and relevant California
regional water quality control boards.
   (f) Secretary for Environmental Protection.
   (g) Governor's Office of Planning and Research.
   (h) The local government located closest to the proposed activity,
or within whose jurisdiction the activity is proposed, or within
whose jurisdiction there may be effects of the proposed activity.

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, of 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 members 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
substantial issue for each geographic area.
   (3) The commission shall hold at least one public hearing on the
matter or matters that 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.



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, 30512.2, 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).




30519.2.  (a) (1) This subdivision shall only apply to territory
described in paragraph (2) and defined as the "Annexed Area."
   (2) For purposes of this section, "Annexed Area" means the
territory consisting of approximately 5,450 acres in the County of
Orange bounded to the north by the inland boundary of the coastal
zone, to the east by the western boundary of Crystal Cove State Park,
to the south by the state's outer limit of jurisdiction over the
Pacific Ocean, and to the west by the city limits of the City of
Newport Beach.
   (3) This subdivision shall be operative upon the effective date of
the annexation of all or part of the Annexed Area by the City of
Newport Beach.
   (4) Upon the recordation of a certificate of completion of any
reorganization or change of organization that results in the
annexation of all or part of the Annexed Area by the City of Newport
Beach, both of the following shall occur:
   (A) The local coastal program applicable to any part of the
Annexed Area shall continue to be the certified local coastal program
for the County of Orange.
   (B) The County of Orange shall continue to exercise all
development review authority described in Section 30519, as delegated
to it by the commission consistent with the certified local coastal
program of the County of Orange for the Annexed Area.
   (5) If, at any time after the recordation of the certificate of
completion of the annexation of the Annexed Area, the City of Newport
Beach elects to assume coastal management responsibility for the
Annexed Area, the city may begin preparation of a local coastal
program for that area.  The City of Newport Beach may adopt
provisions of the County of Orange's certified local coastal program
that apply to the Annexed Area.  All of the procedures for the
preparation, approval, and certification of a local coastal program
set forth in this division, and any applicable regulations adopted by
the commission, shall apply to the preparation, approval, and
certification of a local coastal program for the Annexed Area.
   (6) If the City of Newport Beach obtains certification of a local
coastal program for the Annexed Area, the city shall, upon the
effective date of that certification, exercise all of the authority
granted to a local government with a certified local coastal program,
and the provisions of paragraph (4) shall become inoperative.
   (b) On or before June 30, 2003, or 24 months after the annexation
of the Annexed Area, whichever event occurs first, the City of
Newport Beach shall submit to the commission for approval and
certification the city's local coastal program for all of the
geographic area within the coastal zone and the city's corporate
boundaries as of June 30, 2000.  The submittal may include a local
coastal program segment for the Annexed Area that will implement the
local coastal program for the County of Orange as described in
paragraph (4) of subdivision (a).
   (c) If the City of Newport Beach fails to submit a local coastal
program to the commission for approval and certification pursuant to
subdivision (b) or does not have an effectively certified local
coastal program within six months after the commission's approval of
the local coastal program, the City of Newport Beach shall submit a
monthly late fee of one thousand dollars ($1,000) to be deposited
into the Violation Remediation Account of the Coastal Conservancy
Fund, to be expended in accordance with the purposes of Section
30823.  The City of Newport Beach shall pay the monthly late fee
until the time that the city commences implementation of an
effectively certified local coastal program.  The city may not
recover the cost of the late fee from any owner or lessee of property
in the coastal zone.



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.



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 that 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 that 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 that 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.
   (f) The commission shall encourage housing opportunities for
persons of low and moderate income.  In reviewing residential
development applications for low- and moderate-income housing, as
defined in paragraph (3) of subdivision (h) of Section 65589.5 of the
Government Code, the issuing agency or the commission, on appeal,
may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the
permitted density or range of density established by local zoning
plus the additional density permitted under Section 65915 of the
Government Code, unless the issuing agency or the commission on
appeal makes a finding, based on substantial evidence in the record,
that the density sought by the applicant cannot feasibly be
accommodated on the site in a manner that is in conformity with
Chapter 3 (commencing with Section 30200) or the certified local
coastal program.
   (g) The Legislature finds and declares that it is important for
the commission to encourage the protection of existing and the
provision of new affordable housing opportunities for persons of low
and moderate income in the coastal zone.



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.



30607.7.  (a) A coastal development permit for sand replenishment
requires the project applicant to provide onsite monitoring and
supervision during the implementation of the permit.
   (b) A permit subject to subdivision (a) may not be issued until
the project applicant provides the issuing agency with a plan for
onsite monitoring and supervision during the implementation of the
permit.


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 11212 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 those areas do not have the legal authority to comply
with public access requirements as a condition of securing a coastal
development permit for the reason that some other person or persons
has legal authority, the commission shall implement 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 an area has been
identified, the commission shall, after appropriate public hearings
adopt a specific public access program for the area and shall request
that the State Coastal Conservancy, established pursuant to Division
21 (commencing with Section 31000), implement the program.  The
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 the public access program.
   (c) 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 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 those 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 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 the 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).  The 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 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.



30614.  (a) The commission shall take appropriate steps to ensure
that coastal development permit conditions existing as of January 1,
2002, relating to affordable housing are enforced and do not expire
during the term of the permit.
   (b) Nothing in this section is intended to retroactively authorize
the release of any housing unit for persons and families of low or
moderate income from coastal development permit requirements except
as provided in Section 30607.2.

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.


30812.  (a) Whenever the executive director of the commission has
determined, based on substantial evidence, that real property has
been developed in violation of this division, the executive director
may cause a notification of intention to record a notice of violation
to be mailed by regular and certified mail to the owner of the real
property at issue, describing the real property, identifying the
nature of the violation, naming the owners thereof, and stating that
if the owner objects to the filing of a notice of violation, an
opportunity will be given to the owner to present evidence on the
issue of whether a violation has occurred.
   (b) The notification specified in subdivision (a) shall indicate
that the owner is required to respond in writing, within 20 days of
the postmarked mailing of the notification, to object to recording
the notice of violation.  The notification shall also state that if,
within 20 days of mailing of the notification, the owner of the real
property at issue fails to inform the executive director of the owner'
s objection to recording the notice of violation, the executive
director shall record the notice of violation in the office of each
county recorder where all or part of the property is located.
   (c) If the owner submits a timely objection to the proposed filing
of the notice of violation, a public hearing shall be held at the
next regularly scheduled commission meeting for which adequate public
notice can be provided, at which the owner may present evidence to
the commission why the notice of violation should not be recorded.
The hearing may be postponed for cause for not more than 90 days
after the date of the receipt of the objection to recordation of the
notice of violation.
   (d) If, after the commission has completed its hearing and the
owner has been given the opportunity to present evidence, the
commission finds that, based on substantial evidence, a violation has
occurred, the executive director shall record the notice of
violation in the office of each county recorder where all or part of
the real property is located. If the commission finds that no
violation has occurred, the executive director shall mail a clearance
letter to the owner of the real property.
   (e) (1) The notice of violation shall be contained in a separate
document prominently entitled "Notice of Violation of the Coastal
Act."  The notice of violation shall contain all of the following
information:
   (A) The names of the owners of record.
   (B) A legal description of the real property affected by the
notice.
   (C) A statement specifically identifying the nature of the alleged
violation.
   (D) A commission file number relating to the notice.
   (2) The notice of violation, when properly recorded and indexed,
shall be considered notice of the violation to all successors in
interest in that property. This notice is for informational purposes
only and is not a defect, lien, or encumbrance on the property.
   (f) Within 30 days after the final resolution of a violation that
is the subject of a recorded notice of violation, the executive
director shall mail a clearance letter to the owner of the real
property and shall record a notice of recision in the office of each
county recorder in which the notice of violation was filed,
indicating that the notice of violation is no longer valid.  The
notice of recision shall have the same effect of a withdrawal or
expungement under Section 405.61 of the Code of Civil Procedure.
   (g) The executive director may not invoke the procedures of this
section until all existing administrative methods for resolving the
violation have been utilized and the property owner has been made
aware of the potential for the recordation of a notice of violation.
For purposes of this subdivision, existing methods for resolving the
violation do not include the commencement of an administrative or
judicial proceeding.
   (h) This section only applies in circumstances where the
commission is the legally responsible coastal development permitting
authority or where a local government or port governing body requests
the commission to assist in the resolution of an unresolved
violation if the local government is the legally responsible coastal
development permitting authority.
   (i) The commission, 24 months from the date of recordation, shall
review each notice of violation that has been recorded to determine
why the violation has not been resolved and whether the notice of
violation should be expunged.
   (j) The commission, at any time and for cause, on its own
initiative or at the request of the property owner, may cause a
notice of recision to be recorded invalidating the notice of
violation recorded pursuant to this section.  The notice of recision
shall have the same effect of a withdrawal or expungement under
Section 405.61 of the Code of Civil Procedure.

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.

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.