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PRC Sec 30000-30900 CALIFORNIA COASTAL ACT
PUBLIC RESOURCES CODE
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
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
(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
(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
(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
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
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
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
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
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
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
(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
(e) The commission shall submit to each house of the Legislature
an annual report describing the progress it is making in carrying out
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
(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
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
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
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
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
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
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
(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
(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
(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
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
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
(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
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,
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
(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
(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* (continued)