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(continued)
for the planning, management, use, and restoration of the coastal
resources and how interested persons can contact those entities for
further information about their projects and programs.
The purpose of this guide shall be to contribute to a better
understanding by the public of the importance of coastal resources,
both to the quality of life for people and to the maintenance of a
healthy and productive natural environment. The guide shall be
sensitive to the need for a balanced approach to the conservation and
use of coastal resources, to the rights and responsibilities of
individuals and the public in the protection and use of these
resources, and the need to limit human use of some resources in order
to avoid their degradation or destruction. The guide shall not be
a policy guide, but rather it shall be an educational tool to
increase the public understanding and appreciation of the value of
California's coastal resources.
(c) The commission shall utilize innovative techniques for the
preparation, production, and distribution of the guide so as to
minimize costs to the public. To this end, the commission is
encouraged to enlist the voluntary assistance of private and public
organizations with appropriate expertise. In addition, the
commission shall seek grants from private and public institutions to
augment its limited funding.
Notwithstanding Section 14850 of the Government Code or any other
provision of law, the commission may contract for the production of
this guide with any public or private entity in order to meet the
objective of this section.
(d) The guide shall be written and illustrated so as to be easily
understood by the general public and shall be set forth in a format
that ensures its usefulness.
(e) The guide shall be made available to the public at a
reasonable cost.
30350. (a) It is the policy of the state that local governments be
paid their legitimate costs, from either state or federal funds, for
the implementation of certified local coastal programs; provided,
however, that such payment shall only be available for those costs
directly attributable to the operation of a certified local coastal
program and which costs would not have been incurred but for such
local coastal program and which costs are not of a nature which would
normally be incurred by such local government in carrying out its
land use planning and regulatory responsibilities pursuant to any
provision of law other than this division.
(b) Notwithstanding any other provision of law to the contrary,
claims for payment of costs directly attributable to the operation
and implementation of a certified local coastal program shall only be
submitted, reviewed, and approved in the manner set forth in, and
pursuant to the provisions of, this article.
(c) The provisions of this article are intended to establish a
procedure that ensures the orderly and carefully monitored
expenditure of limited public funds for payment of such costs, the
incurring of which is hereby recognized as being in the interest of
all the people of this state because they carry out state policies
for the wise, long-term conservation and use of coastal resources.
30351. The commission shall, not later than July 1, 1980, prepare
and adopt procedures for the issuance and management of local coastal
program implementation grants. The purpose of the grants program is
to provide, to the extent funds are available, financial assistance
for local governments and, in cases the commission deems appropriate,
other public agencies to carry out certified local coastal programs.
The procedures required by this section shall specify, consistent
with the criteria set forth in subdivision (a) of Section 30350, the
categories of expenditures eligible for implementation grants and
shall include procedures for application, review, approval, and
disbursement of grant funds.
30352. (a) Any local government carrying out its certified local
coastal programs may, upon the delegation of the development review
authority pursuant to Section 30519, claim reimbursement of costs
incurred for the implementation of such local coastal program if
costs have not been provided in an implementation grant issued
pursuant to Section 30351.
(b) Claims made pursuant to this article shall be submitted to the
executive director of the commission not later than September 30
immediately following the fiscal year during which the claimed costs
were incurred. The executive director shall review such claims in
accordance with the provisions of this article and shall submit all
such claims to the Controller within 60 days after receipt of a
claim, but in no event later than November 30.
(c) All claims submitted pursuant to this section shall be filed
on forms approved and prepared by the commission in consultation with
the Controller. Such forms shall specify the information needed to
enable the executive director of the commission and the Controller to
make the determinations required by Section 30353. The claim forms
required by this section shall provide for claims of actual costs
incurred during the fiscal year preceding submittal and for the costs
the claimant local government estimates will be incurred during the
then-current fiscal year.
30353. Payment for costs claimed pursuant to this article shall be
made only for costs which, but for the operation of a certified local
coastal program, would not have been incurred by the claimant local
government and if the following criteria are met:
(a) Costs for establishing a regulatory program to implement a
certified local coastal program, including costs for the preparation
and printing of public information materials, application forms,
establishing new procedures, and staff training are payable. The
costs specified in this subdivision include initial startup costs
incurred over a period not to exceed one year from the date a
certified local coastal program has been adopted for implementation
by the appropriate local government.
(b) A fixed payment not to exceed ten dollars ($10) per permit
application for any development subject to a certified local coastal
program may be claimed and paid. The payment specified in this
subdivision is intended to cover general costs, including costs for
public notice, notice and submittal of files to the commission, and
appearances before the commission.
(c) Other costs of processing and reviewing coastal development
permits pursuant to a certified local coastal program shall normally
not be eligible for reimbursement because these types of activities
should either be incorporated within the routine regulatory process
of the local government or, at the discretion of the local
government, be paid for from reasonable permit fees. A local
government may, however, request payment for increased regulatory
costs if it can show that either or both of the following special
circumstances apply within its jurisdiction:
(1) In jurisdictions with a population of less than 10,000, the
existing regulatory program of the local government is not capable of
processing and reviewing additional coastal development permits
pursuant to a certified local coastal program and where the increased
costs could not reasonably be expected to be covered by permit fees.
(2) The regulatory program included in a certified local coastal
program requires the discharge of resource management functions that
exceed the level of regulatory review normally required or undertaken
by the local government.
(d) Costs for enforcement of regulatory requirements that are
directly related to local coastal program implementation, such as
ensuring compliance with coastal development permit terms and
conditions, are payable, if the enforcement activities are not of a
type routinely undertaken or of a type required by law as part of the
affected local government's normal regulatory responsibilities.
(e) Litigation costs which, but for the operation of a certified
local coastal program, would not have been incurred may be paid.
Where an action is brought against a local government and the action
states as a principal cause of action the operation of the local
government's local coastal program and the local government prevails
in the action, litigation costs may be paid to the extent the costs
are not assessed against the party bringing the action. Where the
local government loses the action primarily on grounds it has failed
to properly carry out its certified local coastal program, litigation
costs shall not be paid. In accordance with procedures established
by the executive director of the commission in consultation with the
Attorney General, litigation costs may be paid prior to the rendering
of a final judgment in the action, if the Attorney General has
intervened in the action in support of the local government's
position, the amount paid does not exceed five hundred thousand
dollars ($500,000), and the amount paid is equal to or greater than 5
percent of the local government's general revenues as published in
the most recent version of "Cities Annual Report" by the Controller.
The local government shall reimburse the state from any costs
recovered after a final judgment is rendered in the action.
(f) If additional planning is required by the commission as a
condition of its certification of any local coastal program, costs
for the additional planning are payable.
30354. (a) The executive director of the commission shall review
and evaluate each claim submitted pursuant to this article and shall
determine whether:
(1) The costs claimed meet the requirements of this article.
(2) The costs claimed are not paid for or reimbursed from any
other source of state or federal funding.
(3) The claimed costs are reasonable for the implementation of a
certified local coastal program.
(b) The executive director of the commission shall submit to the
Controller, on behalf of each claimant local government, all claims
submitted pursuant to this section together with his or her
recommendation whether the Controller should allow or deny, in whole
or in part, the claim. A copy of each claim shall also be sent to
the claimant local government at the time such claim is submitted to
the Controller. The executive director's recommendation shall be
based on his or her determinations made pursuant to this article. If
the executive director fails to make a recommendation by the time
claims are required to be submitted to the Controller, as provided in
subdivision (b) of Section 30352, the executive director shall be
deemed to have recommended approval of the claim.
(c) The provisions of Section 2231 of the Revenue and Taxation
Code shall apply to claims filed pursuant to this article; provided,
however, that where a conflict between Section 2231 of the Revenue
and Taxation Code and this article occurs, such conflict shall be
resolved in a manner that best carries out the purposes of this
article. The Controller shall apply the criteria of this article in
determining whether to allow or deny, in whole or in part, any such
claim and shall consider the recommendations of the executive
director of the commission.
30355. As used in this article, "certified local coastal program"
means any portion of a local coastal program that has been certified.
30400. It is the intent of the Legislature to minimize duplication
and conflicts among existing state agencies carrying out their
regulatory duties and responsibilities.
In the absence of a specific authorization set forth in this
division or any other provision of law or in an agreement entered
into with the commission, no state agency, including the Office of
Planning and Research, shall exercise any powers or carry out any
duties or responsibilities established by this division or by the
Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)
or any amendment thereto. The Director of the Office of Planning and
Research shall, in carrying out his or her duties as set forth in
Section 30415, ensure that the provisions of this section are carried
out.
30401. Except as otherwise specifically provided in this division,
enactment of this division does not increase, decrease, duplicate or
supersede the authority of any existing state agency.
This chapter shall not be construed to limit in any way the
regulatory controls over development pursuant to Chapters 7
(commencing with Section 30600) and 8 (commencing with Section
30700), except that the commission shall not set standards or adopt
regulations that duplicate regulatory controls established by any
existing state agency pursuant to specific statutory requirements or
authorization.
30402. All state agencies shall carry out their duties and
responsibilities in conformity with this division.
30403. It is the intent of the Legislature that the policies of
this division and all local coastal programs prepared pursuant to
Chapter 6 (commencing with Section 30500) should provide the common
assumptions upon which state functional plans for the coastal zone
are based in accordance with the provisions of Section 65036 of the
Government Code.
30404. (a) The commission shall periodically, in the case of the
State Energy Resources Conservation and Development Commission, the
State Board of Forestry and Fire Protection, the State Water
Resources Control Board and the California regional water quality
control boards, the State Air Resources Board and air pollution
control districts and air quality management districts, the
Department of Fish and Game, the Department of Parks and Recreation,
the Department of Boating and Waterways, the Division of Mines and
Geology and the Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation, and the State Lands Commission, and may,
with respect to any other state agency, submit recommendations
designed to encourage the state agency to carry out its functions in
a manner consistent with this division. The recommendations may
include proposed changes in administrative regulations, rules, and
statutes.
(b) Each of those state agencies shall review and consider the
commission recommendations and shall, within six months from the date
of their receipt, to the extent that the recommendations have not
been implemented, report to the Governor and the Legislature its
action and reasons therefor. The report shall also include the state
agency's comments on any legislation that may have been proposed by
the commission.
30410. (a) The commission and the San Francisco Bay Conservation
and Development Commission shall conduct a joint review of this
division and Title 7.2 (commencing with Section 66600) of the
Government Code to determine how the program administered by the San
Francisco Bay Conservation and Development Commission shall be
related to this division. Both commissions shall jointly present
their recommendations to the Legislature not later than July 1, 1978.
(b) It is the intent of the Legislature that the ports under the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, including the Ports of San Francisco, Oakland, Richmond,
Redwood City, Encinal Terminals, and Benicia, should be treated no
less favorably than the ports under the jurisdiction of the
commission covered in Chapter 8 (commencing with Section 30700) under
the terms of any legislation which is developed pursuant to such
study.
30411. (a) The Department of Fish and Game and the Fish and Game
Commission are the principal state agencies responsible for the
establishment and control of wildlife and fishery management programs
and the commission shall not establish or impose any controls with
respect thereto that duplicate or exceed regulatory controls
established by these agencies pursuant to specific statutory
requirements or authorization.
(b) The Department of Fish and Game, in consultation with the
commission and the Department of Boating and Waterways, may study
degraded wetlands and identify those which can most feasibly be
restored in conjunction with development of a boating facility as
provided in subdivision (a) of Section 30233. Any such study shall
include consideration of all of the following:
(1) Whether the wetland is so severely degraded and its natural
processes so substantially impaired that it is not capable of
recovering and maintaining a high level of biological productivity
without major restoration activities.
(2) Whether a substantial portion of the degraded wetland, but in
no event less than 75 percent, can be restored and maintained as a
highly productive wetland in conjunction with a boating facilities
project.
(3) Whether restoration of the wetland's natural values, including
its biological productivity and wildlife habitat features, can most
feasibly be achieved and maintained in conjunction with a boating
facility or whether there are other feasible ways to achieve such
values.
(c) The Legislature finds and declares that salt water or brackish
water aquaculture is a coastal-dependent use which should be
encouraged to augment food supplies and to further the policies set
forth in Chapter 4 (commencing with Section 825) of Division 1. The
Department of Fish and Game may identify coastal sites it determines
to be appropriate for aquaculture facilities. If the department
identifies these sites, it shall transmit information identifying the
sites to the commission and the relevant local government agency.
The commission, and where appropriate, local governments, shall,
consistent with the coastal planning requirements of this division,
provide for as many coastal sites identified by the Department of
Fish and Game for any uses that are consistent with the policies of
Chapter 3 (commencing with Section 30200) of this division.
(d) Any agency of the state owning or managing land in the coastal
zone for public purposes shall be an active participant in the
selection of suitable sites for aquaculture facilities and shall make
the land available for use in aquaculture when feasible and
consistent with other policies of this division and other provisions
of law.
(e) The Department of Fish and Game shall, in consultation with
the Aquaculture Development Committee, prepare programmatic
environmental impact reports for existing and potential commercial
aquaculture operations in both coastal and inland areas of the state
if both of the following conditions are met:
(1) Funds are appropriated to the department for this purpose.
(2) Matching funds are provided by the aquaculture industry.
30412. (a) In addition to Section 13142.5 of the Water Code, this
section shall apply to the commission and the State Water Resources
Control Board and the California regional water quality control
boards.
(b) The State Water Resources Control Board and the California
regional water quality control boards are the state agencies with
primary responsibility for the coordination and control of water
quality. The State Water Resources Control Board has primary
responsibility for the administration of water rights pursuant to
applicable law. The commission shall assure that proposed
development and local coastal programs shall not frustrate this
section. The commission shall not, except as provided in subdivision
(c), modify, adopt conditions, or take any action in conflict with
any determination by the State Water Resources Control Board or any
California regional water quality control board in matters relating
to water quality or the administration of water rights.
Except as provided in this section, nothing herein shall be
interpreted in any way either as prohibiting or limiting the
commission, local government, or port governing body from exercising
the regulatory controls over development pursuant to this division in
a manner necessary to carry out this division.
(c) Any development within the coastal zone or outside the coastal
zone which provides service to any area within the coastal zone that
constitutes a treatment work shall be reviewed by the commission and
any permit it issues, if any, shall be determinative only with
respect to the following aspects of the development:
(1) The siting and visual appearance of treatment works within the
coastal zone.
(2) The geographic limits of service areas within the coastal zone
which are to be served by particular treatment works and the timing
of the use of capacity of treatment works for those service areas to
allow for phasing of development and use of facilities consistent
with this division.
(3) Development projections which determine the sizing of
treatment works for providing service within the coastal zone.
The commission shall make these determinations in accordance with
the policies of this division and shall make its final determination
on a permit application for a treatment work prior to the final
approval by the State Water Resources Control Board for the funding
of such treatment works. Except as specifically provided in this
subdivision, the decisions of the State Water Resources Control Board
relative to the construction of treatment works shall be final and
binding upon the commission.
(d) The commission shall provide or require reservations of sites
for the construction of treatment works and points of discharge
within the coastal zone adequate for the protection of coastal
resources consistent with the provisions of this division.
(e) Nothing in this section shall require the State Water
Resources Control Board to fund or certify for funding, any specific
treatment works within the coastal zone or to prohibit the State
Water Resources Control Board or any California regional water
quality control board from requiring a higher degree of treatment at
any existing treatment works.
30413. (a) In addition to the provisions set forth in subdivision
(f) of Section 30241, and in Sections 25302, 25500, 25507, 25508,
25510, 25514, 25516.1, 25523, and 25526, the provisions of this
section shall apply to the commission and the State Energy Resources
Conservation and Development Commission with respect to matters
within the statutory responsibility of the latter.
(b) The commission shall, prior to January 1, 1978, and after one
or more public hearings, designate those specific locations within
the coastal zone where the location of a facility as defined in
Section 25110 would prevent the achievement of the objectives of this
division; provided, however, that specific locations that are
presently used for such facilities and reasonable expansion thereof
shall not be so designated. Each such designation shall include a
description of the boundaries of those locations, the objectives of
this division which would be so affected, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area. The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309. The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
(c) The commission, after it completes its initial designations in
1978, shall, prior to January 1, 1980, and once every two years
thereafter until January 1, 1990, revise and update the designations
specified in subdivision (b). After January 1, 1990, the commission
shall revise and update those designations not less than once every
five years. Those revisions shall be effective on January 1, 1980,
or on January 1 of the year following adoption of the revisions. The
provisions of subdivision (b) shall not apply to any sites and
related facilities specified in any notice of intention to file an
application for certification filed with the State Energy Resources
Conservation and Development Commission pursuant to Section 25502
prior to designation of additional locations made by the commission
pursuant to this subdivision.
(d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of Chapter 6 (commencing with
Section 25500) of Division 15 with respect to any thermal powerplant
or transmission line to be located, in whole or in part, within the
coastal zone, the commission shall participate in those proceedings
and shall receive from the State Energy Resources Conservation and
Development Commission any notice of intention to file an application
for certification of a site and related facilities within the
coastal zone. The commission shall analyze each notice of intention
and shall, prior to completion of the preliminary report required by
Section 25510, forward to the State Energy Resources Conservation and
Development Commission a written report on the suitability of the
proposed site and related facilities specified in that notice . The
commission's report shall contain a consideration of, and findings
regarding, all of the following:
(1) The compatibility of the proposed site and related facilities
with the goal of protecting coastal resources.
(2) The degree to which the proposed site and related facilities
would conflict with other existing or planned coastal-dependent land
uses at or near the site.
(3) The potential adverse effects that the proposed site and
related facilities would have on aesthetic values.
(4) The potential adverse environmental effects on fish and
wildlife and their habitats.
(5) The conformance of the proposed site and related facilities
with certified local coastal programs in those jurisdictions which
would be affected by any such development.
(6) The degree to which the proposed site and related facilities
could reasonably be modified so as to mitigate potential adverse
effects on coastal resources, minimize conflict with existing or
planned coastal-dependent uses at or near the site, and promote the
policies of this division.
(7) Such other matters as the commission deems appropriate and
necessary to carry out this division.
(e) The commission may, at its discretion, participate fully in
other proceedings conducted by the State Energy Resources
Conservation and Development Commission pursuant to its powerplant
siting authority. In the event the commission participates in any
public hearings held by the State Energy Resources Conservation and
Development Commission, it shall be afforded full opportunity to
present evidence and examine and cross-examine witnesses.
(f) The State Energy Resources Conservation and Development
Commission shall forward a copy of all reports it distributes
pursuant to Sections 25302 and 25306 to the commission and the
commission shall, with respect to any report that relates to the
coastal zone or coastal zone resources, comment on those reports, and
shall in its comments include a discussion of the desirability of
particular areas within the coastal zone as designated in such
reports for potential powerplant development. The commission may
propose alternate areas for powerplant development within the coastal
zone and shall provide detailed findings to support the suggested
alternatives.
30414. (a) The State Air Resources Board and air pollution control
districts established pursuant to state law and consistent with
requirements of federal law are the principal public agencies
responsible for the establishment of ambient air quality and emission
standards and air pollution control programs. The provisions of
this division do not authorize the commission or any local government
to establish any ambient air quality standard or emission standard,
air pollution control program or facility, or to modify any ambient
air quality standard, emission standard, or air pollution control
program or facility which has been established by the state board or
by an air pollution control district.
(b) Any provision of any certified local coastal program which
establishes or modifies any ambient air quality standard, any
emission standard, any air pollution control program or facility
shall be inoperative.
(c) The State Air Resources Board and any air pollution control
district may recommend ways in which actions of the commission or any
local government can complement or assist in the implementation of
established air quality programs.
30415. The Director of the Office of Planning and Research shall,
in cooperation with the commission and other appropriate state
agencies, review the policies of this division. If the director
determines that effective implementation of any policy requires the
cooperative and coordinated efforts of several state agencies, he
shall, no later than July 1, 1978 and from time to time thereafter,
recommend to the appropriate agencies actions that should be taken to
minimize potential duplication and conflicts and which could, if
taken, better achieve effective implementation of such policy. The
director shall, where appropriate and after consultation with the
affected agency, recommend to the Governor and the Legislature how
the programs, duties, responsibilities, and enabling legislation of
any state agency should be changed to better achieve the goals and
policies of this division.
30416. (a) The State Lands Commission, in carrying out its duties
and responsibilities as the state agency responsible for the
management of all state lands, including tide and submerged lands,,
in accordance with the provisions of Division 6 (commencing with
Section 6001), shall, prior to certification by the commission
pursuant to Chapters 6 (commencing with Section 30500) and 8
(commencing with Section 30700) review, and may comment on any
proposed local coastal program or port master plan that could affect
state lands.
(b) No power granted to any local government, port governing body,
or special district, under this division, shall change the authority
of the State Lands Commission over granted or ungranted lands within
its jurisdiction or change the rights and duties of its lessees or
permittees.
(c) Boundary settlements between the State Lands Commission and
other parties and any exchanges of land in connection therewith shall
not be a development within the meaning of this division.
(d) Nothing in this division shall amend or alter the terms and
conditions in any legislative grant of lands, in trust, to any local
government, port governing body, or special district; provided,
however, that any development on such granted lands shall, in
addition to the terms and conditions of such grant, be subject to the
regulatory controls provided by Chapters 7 (commencing with Section
30600) and 8 (commencing with Section 30700).
30417. (a) In addition to the provisions set forth in Section
4551.5, this section shall apply to the State Board of Forestry and
Fire Protection.
(b) Within 180 days after January 1, 1977, the commission shall
identify special treatment areas within the coastal zone to ensure
that natural and scenic resources are adequately protected. The
commission shall forward to the State Board of Forestry and Fire
Protection maps of the designated special treatment areas together
with specific reasons for those designations and with recommendations
designed to assist the State Board of Forestry and Fire Protection
in adopting rules and regulations that adequately protect the natural
and scenic qualities of the special treatment areas.
30418. (a) Pursuant to Division 3 (commencing with Section 3000),
the Division of Oil and Gas of the Department of Conservation is the
principal state agency responsible for regulating the drilling,
operation, maintenance, and abandonment of all oil, gas, and
geothermal wells in the state. Neither the commission, local
government, port governing body, or special district shall establish
or impose such regulatory controls that duplicate or exceed controls
established by the Division of Oil and Gas pursuant to specific
statutory requirements or authorization.
This section shall not be construed to limit in any way, except as
specifically provided, the regulatory controls over oil and gas
development pursuant to Chapters 7 (commencing with Section 30600)
and 8 (commencing with Section 30700).
(b) The Division of Oil and Gas of the Department of Conservation
shall cooperate with the commission by providing necessary data and
technical expertise regarding proposed well operations within the
coastal zone.
30419. The Department of Boating and Waterways is the principal
state agency for evaluating the economic feasibility of any boating
facility to be developed within the coastal zone.
If the economic viability of a boating facility becomes an issue
in a coastal development permit matter or in a local coastal program
or any amendment thereto, the commission shall request the Department
of Boating and Waterways to provide comment, including, but not
limited to, the analysis of costs associated with conditions of
approval. In cases where the Department of Boating and Waterways
desires to make any comment, it shall be made within 30 days of the
commission's request. The commission shall include the comment in
its decision regarding a coastal development permit or local coastal
program or any amendment thereto.
30420. Prior to taking any action on (1) a local coastal program or
any amendment thereto, (2) any coastal development permit, or (3)
any consistency determination or certification, that relates to the
disposal of hazardous substances at sea, the commission shall consult
with the following governmental entities:
(a) Department of Toxic Substances Control.
(b) State Lands Commission.
(c) State Air Resources Board and relevant air pollution control
districts or air quality management districts.
(d) Department of Fish and Game.
(e) State Water Resources Control Board and relevant California
regional water quality control boards.
(f) Secretary for Environmental Protection.
(g) Governor's Office of Planning and Research.
(h) The local government located closest to the proposed activity,
or within whose jurisdiction the activity is proposed, or within
whose jurisdiction there may be effects of the proposed activity.
30500. (a) Each local government lying, in whole or in part, within
the coastal zone shall prepare a local coastal program for that
portion of the coastal zone within its jurisdiction. However, any
local government may request, in writing, the commission to prepare a
local coastal program, or a portion thereof, for the local
government. Each local coastal program prepared pursuant to this
chapter shall contain a specific public access component to assure
that maximum public access to the coast and public recreation areas
is provided.
(b) Amendments to a local general plan for the purpose of
developing a certified local coastal program shall not constitute an
amendment of a general plan for purposes of Section 65358 of the
Government Code.
(c) The precise content of each local coastal program shall be
determined by the local government, consistent with Section 30501, in
full consultation with the commission and with full public
participation.
30500.1. No local coastal program shall be required to include
housing policies and programs.
30501. The commission shall, within 90 days after January 1, 1977,
adopt, after public hearing, procedures for the preparation,
submission, approval, appeal, certification, and amendment of any
local coastal program, including, but not limited to, the following:
(a) A common methodology for the preparation of, and the
determination of the scope of, the local coastal programs, taking
into account the fact that local governments have differing needs and
characteristics.
(b) Recommended uses that are of more than local importance that
should be considered in the preparation of local coastal programs.
Such uses may be listed generally or the commission may, from time to
time, recommend specific uses for consideration by any local
government.
30502. (a) The commission, in consultation with affected local
governments and the appropriate regional commissions, shall, not
later than September 1, 1977, after public hearing, designate
sensitive coastal resource areas within the coastal zone where the
protection of coastal resources and public access requires, in
addition to the review and approval of zoning ordinances, and the
review and approval by the regional commissions and commission of
other implementing actions.
(b) The designation of each sensitive coastal resource area shall
be based upon a separate report prepared and adopted by the
commission which shall contain all of the following:
(1) A description of the coastal resources to be protected and the
reasons why the area has been designated as a sensitive coastal
resource area.
(2) A specific determination that the designated area is of
regional or statewide significance.
(3) A specific list of significant adverse impacts that could
result from development where zoning regulations alone may not
adequately protect coastal resources or access.
(4) A map of the area indicating its size and location.
(c) In sensitive coastal resource areas designated pursuant to
this section, a local coastal program shall include the implementing
actions adequate to protect the coastal resources enumerated in the
findings of the sensitive coastal resource area report in conformity
with the policies of this division.
30502.5. The commission shall recommend to the Legislature for
designation by statute those sensitive coastal resource areas
designated by the commission pursuant to Section 30502.
Recommendation by the commission to the Legislature shall place the
described area in the sensitive coastal resource area category for no
more than two years, or a shorter period if the Legislature
specifically rejects the recommendation. If two years pass and a
recommended area has not been designated by statute, it shall no
longer be designated as a sensitive coastal resource area. A bill
proposing such a statute may not be held in committee, but shall be
reported from committee to the floor of each respective house with
its recommendation within 60 days of referral to committee.
30503. During the preparation, approval, certification, and
amendment of any local coastal program, the public, as well as all
affected governmental agencies, including special districts, shall be
provided maximum opportunities to participate. Prior to submission
of a local coastal program for approval, local governments shall hold
a public hearing or hearings on that portion of the program which
has not been subjected to public hearings within four years of such
submission.
30504. Special districts, which issue permits or otherwise grant
approval for development or which conduct development activities that
may affect coastal resources, shall submit their development plans
to the affected local government pursuant to Section 65401 of the
Government Code. Such plans shall be considered by the affected
local government in the preparation of its local coastal program.
30510. Consistent with this chapter, a proposed local coastal
program may be submitted to the commission, if both of the following
are met:
(a) It is submitted pursuant to a resolution adopted by the local
government, after public hearing, that certifies the local coastal
program is intended to be carried out in a manner fully in conformity
with this division.
(b) It contains, in accordance with guidelines established by the
commission, materials sufficient for a thorough and complete review.
30511. Local coastal programs shall be submitted in accordance with
the schedule established pursuant to Section 30517.5. At the option
of the local government, this program may be submitted and processed
in any of the following ways:
(a) At one time, in which event Section 30512 with respect to time
limits, resubmission, approval, and certification shall apply.
However, the zoning ordinances, zoning district maps, and, if
required, other implementing actions included in the local coastal
program shall be approved and certified pursuant to the standards of
Section 30513.
(b) In two phases, in which event the land use plans shall be
processed first pursuant to Section 30512, and the zoning ordinances,
zoning district maps, and, if required, other implementing actions,
shall be processed thereafter pursuant to Section 30513.
(c) In separate geographic units consisting of less than the local
government's jurisdiction lying within the coastal zone, each
submitted pursuant to subdivision (a) or (b), if the commission finds
that the area or areas proposed for separate review can be analyzed
for the potential cumulative impacts of development on coastal
resources and access independently of the remainder of the affected
jurisdiction.
30512. (a) The land use plan of a proposed local coastal program
shall be submitted to the commission. The commission shall, within
90 days after the submittal, after public hearing, either certify or
refuse certification, in whole or in part, of the land use plan
pursuant to the following procedure:
(1) No later than 60 days after a land use plan has been submitted
to it, the commission shall, after public hearing and by majority
vote of those members present, determine whether the land use plan,
or a portion thereof applicable to an identifiable geographic area,
raises no substantial issue as to conformity with the policies of
Chapter 3 (commencing with Section 30200).
If the commission determines that no substantial issue is raised,
the land use plan, or portion thereof applicable to an identifiable
area, which raises no substantial issue, shall be deemed certified as
submitted. The commission shall adopt findings to support its
action.
(2) Where the commission determines pursuant to paragraph (1) that
one or more portions of a land use plan applicable to one or more
identifiable geographic areas raise no substantial issue as to
conformity with the policies of Chapter 3 (commencing with Section
30200), the remainder of that land use plan applicable to other
identifiable geographic areas shall be deemed to raise one or more
substantial issues as to conformity with the policies of Chapter 3
(commencing with Section 30200). The commission shall identify each
substantial issue for each geographic area.
(3) The commission shall hold at least one public hearing on the
matter or matters that have been identified as substantial issues
pursuant to paragraph (2). No later than 90 days after the submittal
of the land use plan, the commission shall determine whether or not
to certify the land use plan, in whole or in part. If the commission
fails to act within the required 90-day period, the land use plan,
or portion thereof, shall be deemed certified by the commission.
(b) If the commission determines not to certify a land use plan,
in whole or in part, the commission shall provide a written
explanation and may suggest modifications, which, if adopted and
transmitted to the commission by the local government, shall cause
the land use plan to be deemed certified upon confirmation of the
executive director. The local government may elect to meet the
commission's refusal of certification in a manner other than as
suggested by the commission and may then resubmit its revised land
use plan to the commission. If a local government requests that the
commission not recommend or suggest modifications which, if made,
will result in certification, the commission shall refuse
certification with the required findings.
(c) The commission shall certify a land use plan, or any
amendments thereto, if it finds that a land use plan meets the
requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200). Except as provided in paragraph
(1) of subdivision (a), a decision to certify shall require a
majority vote of the appointed membership of the commission.
30512.2. The following provisions shall apply to the commission's
decision to certify or refuse certification of a land use plan
pursuant to Section 30512:
(a) The commission's review of a land use plan shall be limited to
its administrative determination that the land use plan submitted by
the local government does, or does not, conform with the
requirements of Chapter 3 (commencing with Section 30200). In making
this review, the commission is not authorized by any provision of
this division to diminish or abridge the authority of a local
government to adopt and establish, by ordinance, the precise content
of its land use plan.
(b) The commission shall require conformance with the policies and
requirements of Chapter 3 (commencing with Section 30200) only to
the extent necessary to achieve the basic state goals specified in
Section 30001.5.
30513. The local government shall submit to the commission the
zoning ordinances, zoning district maps, and, where necessary, other
implementing actions which are required pursuant to this chapter.
If within 60 days after receipt of the zoning ordinances, zoning
district maps, and other implementing actions, the commission, after
public hearing, has not rejected the zoning ordinances, zoning
district maps, or other implementing actions, they shall be deemed
approved. The commission may only reject zoning ordinances, zoning
district maps, or other implementing actions on the grounds that they
do not conform with, or are inadequate to carry out, the provisions
of the certified land use plan. If the commission rejects the zoning
ordinances, zoning district maps, or other implementing actions, it
shall give written notice of the rejection specifying the provisions
of land use plan with which the rejected zoning ordinances do not
conform or which it finds will not be adequately carried out together
with its reasons for the action taken.
The commission may suggest modifications in the rejected zoning
ordinances, zoning district maps, or other implementing actions,
which, if adopted by the local government and transmitted to the
commission, shall be deemed approved upon confirmation by the
executive director.
The local government may elect to meet the commission's rejection
in a manner other than as suggested by the commission and may then
resubmit its revised zoning ordinances, zoning district maps, and
other implementing actions to the commission.
If a local government requests that the commission not suggest
modifications in the rejected zoning ordinances, zoning district
maps, or other implementing ordinances, the commission shall not do
so.
30514. (a) A certified local coastal program and all local
implementing ordinances, regulations, and other actions may be
amended by the appropriate local government, but no such amendment
shall take effect until it has been certified by the commission.
(b) Any proposed amendments to a certified local coastal program
shall be submitted to, and processed by, the commission in accordance
with the applicable procedures and time limits specified in Sections
30512 and 30513, except that the commission shall make no
determination as to whether a proposed amendment raises a substantial
issue as to conformity with the policies of Chapter 3 (commencing
with Section 30200) as would otherwise be required by Section 30512.
In no event shall there be more than three of these submittals of
proposed amendments in any calendar year. However, there are no
limitations on the number of amendments included in each of the three
submittals.
(c) The commission, by regulation, shall establish a procedure
whereby proposed amendments to a certified local coastal program may
be reviewed and designated by the executive director of the
commission as being minor in nature or as requiring rapid and
expeditious action. That procedure shall include provisions
authorizing local governments to propose amendments to the executive
director for that review and designation. Proposed amendments that
are designated as being minor in nature or as requiring rapid and
expeditious action shall not be subject to subdivision (b) or
Sections 30512 and 30513 and shall take effect on the 10th working
day after designation. Amendments that allow changes in uses shall
not be so designated.
(d) (1) The executive director may determine that a proposed local
coastal program amendment is de minimis if the executive director
determines that a proposed amendment would have no impact, either
individually or cumulatively, on coastal resources, is consistent
with the policies of Chapter 3 (commencing with Section 30200), and
meets the following criteria:
(A) The local government, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, that
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
(i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
(ii) Posting of the notice by the local government both onsite andoffsite in the area affected by the proposed amendment. (continued)