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(continued)
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 (continued)