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(continued)
(iii) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(B) The proposed amendment does not propose any change in land use
or water uses or any change in the allowable use of property.
(2) At the time that the local government submits the proposed
amendment to the executive director, the local government shall also
submit to the executive director any public comments that were
received during the comment period provided pursuant to subparagraph
(A) of paragraph (1).
(3) (A) The executive director shall make a determination as to
whether the proposed amendment is de minimis within 10 working days
of the date of submittal by the local government. If the proposed
amendment is determined to be de minimis, the proposed amendment
shall be noticed in the agenda of the next regularly scheduled
meeting of the commission, in accordance with Section 11125 of the
Government Code, and any public comments forwarded by the local
government shall be made available to the members of the commission.

(B) If three members of the commission object to the executive
director's determination that the proposed amendment is de minimis,
the proposed amendment shall be set for public hearing in accordance
with the procedures specified in subdivision (b), or as specified in
subdivision (c) if applicable, as determined by the executive
director, or, at the request of the local government, returned to the
local government. If set for public hearing under subdivision (b),
the time requirements set by Sections 30512 and 30513 shall commence
from the date on which the objection to the de minimis designation
was made.
(C) If three or more members of the commission do not object to
the de minimis determination, the de minimis local coastal program
amendment shall become part of the certified local coastal program 10
days after the date of the commission meeting.
(4) The commission, after a noticed public hearing, may adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.
(e) For purposes of this section, "amendment of a certified local
coastal program" includes, but is not limited to, any action by a
local government that authorizes the use of a parcel of land other
than a use that is designated in the certified local coastal program
as a permitted use of the parcel.



30514.1. The commission shall adopt the findings or provide a
written explanation or written notice, as appropriate, required by
Sections 30512, 30512.2, and 30513 to support its action no later
than 60 days after the date on which action was taken.




30515. Any person authorized to undertake a public works project or
proposing an energy facility development may request any local
government to amend its certified local coastal program, if the
purpose of the proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal
program that had not been anticipated by the person making the
request at the time the local coastal program was before the
commission for certification. If, after review, the local government
determines that the amendment requested would be in conformity with
the policies of this division, it may amend its certified local
coastal program as provided in Section 30514.
If the local government does not amend its local coastal program,
such person may file with the commission a request for amendment
which shall set forth the reasons why the proposed amendment is
necessary and how such amendment is in conformity with the policies
of this division. The local government shall be provided an
opportunity to set forth the reasons for its action. The commission
may, after public hearing, approve and certify the proposed amendment
if it finds, after a careful balancing of social, economic, and
environmental effects, that to do otherwise would adversely affect
the public welfare, that a public need of an area greater than that
included within the certified local coastal program would be met,
that there is no feasible, less environmentally damaging alternative
way to meet such need, and that the proposed amendment is in
conformity with the policies of this division.



30516. (a) Approval of a local coastal program shall not be
withheld because of the inability of the local government to
financially support or implement any policy or policies contained in
this division; provided, however, that this shall not require the
approval of a local coastal program allowing development not in
conformity with the policies in Chapter 3 (commencing with Section
30200).
(b) Where a certified port master plan has been incorporated in a
local coastal program in accordance with Section 30711 and the local
coastal program is disapproved by the commission, that disapproval
shall not apply to the certified port master plan.



30517. The commission may extend, for a period of not to exceed one
year, except as provided for in Section 30518, any time limitation
established by this chapter for good cause.



30517.5. (a) Within 60 days from the effective date of this
section, the commission shall establish a schedule for the submittal
of all land use plans that have not been submitted, pursuant to
Section 30501, to a former regional commission or the commission on
or before July 1, 1981. This schedule shall be based on the
commission's assessment, in consultation with local governments, of
each local government's current status and progress. The schedule
shall specify that submittals may not be made sooner than nor later
than certain specified dates and in no event later than January 1,
1983.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may take any of the
following actions:
(1) Waive the deadlines for commission action on a submitted land
use plan, or any portion thereof, as set forth in Sections 30511 and
30512.
(2) Prepare and adopt, after a public hearing but not sooner than
January 1, 1984, a land use plan for the land area within the local
government's jurisdiction. After adoption of the land use plan, the
commission shall determine the permissibility of proposed
developments pursuant to the provisions of the adopted plan. The
affected local government may choose to adopt, in whole or in part,
the commission's prepared and adopted land use plan in which event
the commission shall certify the plan, in whole or in part, or it may
continue to prepare its own land use plan consistent with the
provisions of this chapter.
(3) Report the matter to the Legislature with recommendations for
appropriate action.



30517.6. (a) Within 30 days after the certification of a land use
plan, or any portion thereof, the commission shall, after
consultation with the appropriate local government, establish a date
for that local government to submit the zoning ordinances, zoning
district maps, and, where necessary, other implementing actions. In
no event shall that date be later than January 1, 1984.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may waive the deadlines
for commission action on submitted zoning ordinances, zoning district
maps, and, where necessary, other implementing actions, as set forth
in Sections 30511 and 30513.



30519. (a) Except for appeals to the commission, as provided in
Section 30603, after a local coastal program, or any portion thereof,
has been certified and all implementing actions within the area
affected have become effective, the development review authority
provided for in Chapter 7 (commencing with Section 30600) shall no
longer be exercised by the commission over any new development
proposed within the area to which the certified local coastal
program, or any portion thereof, applies and shall at that time be
delegated to the local government that is implementing the local
coastal program or any portion thereof.
(b) Subdivision (a) shall not apply to any development proposed or
undertaken on any tidelands, submerged lands, or on public trust
lands, whether filled or unfilled, lying within the coastal zone, nor
shall it apply to any development proposed or undertaken within
ports covered by Chapter 8 (commencing with Section 30700) or within
any state university or college within the coastal zone; however,
this section shall apply to any development proposed or undertaken by
a port or harbor district or authority on lands or waters granted by
the Legislature to a local government whose certified local coastal
program includes the specific development plans for such district or
authority.
(c) The commission may, from time to time, recommend to the
appropriate local government local coastal program amendments to
accommodate uses of greater than local importance, which uses are not
permitted by the applicable certified local coastal program. These
uses may be listed generally or the commission may recommend specific
uses of greater than local importance for consideration by the
appropriate local government.


30519.1. (a) This section shall apply only to those parcels and
areas within the City of Carlsbad for which a local coastal program
has been prepared and certified by the commission pursuant to
subdivision (f) of Section 30170 or Section 30171.
(b) Any provisions of any such local coastal program with respect
to housing for persons and families of low or moderate income shall
have no force or effect after January 1, 1982. After that date,
housing requirements for those parcels and areas shall be determined
pursuant to Section 65590 of the Government Code.
(c) Until such time as, (i) the City of Carlsbad adopts or enacts
the implementing actions contained in any such local coastal program,
or (ii) other statutory provisions provide alternately for the
adoption, certification, and implementation of a local coastal
program for those parcels and areas, coastal development permits for
those parcels and areas shall be issued by the commission as provided
in this subdivision. Notwithstanding any other provision of this
division, the commission shall issue a coastal development permit if
it finds that a proposed development is in conformity with the
certified local coastal program, exclusive of any provisions with
respect to housing for persons and families of low or moderate income
which have been rendered inoperative pursuant to subdivision (b).




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



30519.5. (a) The commission shall, from time to time, but at least
once every five years after certification, review every certified
local coastal program to determine whether such program is being
effectively implemented in conformity with the policies of this
division. If the commission determines that a certified local
coastal program is not being carried out in conformity with any
policy of this division it shall submit to the affected local
government recommendations of corrective actions that should be
taken. Such recommendations may include recommended amendments to
the affected local government's local coastal program.
(b) Recommendations submitted pursuant to this section shall be
reviewed by the affected local government and, if the recommended
action is not taken, the local government shall, within one year of
such submission, forward to the commission a report setting forth its
reasons for not taking the recommended action. The commission shall
review such report and, where appropriate, report to the Legislature
and recommend legislative action necessary to assure effective
implementation of the relevant policy or policies of this division.



30520. (a) If the application of any certified local coastal
program, or any portion thereof, is prohibited or stayed by any
court, the permit authority provided for in Chapter 7 (commencing
with Section 30600) shall be exercised pursuant to the provisions of
this section until a final court order has withdrawn such prohibition
or stay. A coastal development permit shall be issued by the
affected local government or the commission on appeal, if that local
government or the commission on appeal finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan if the court-ordered prohibition or stay applies only to the
zoning ordinances, zoning district maps, or, where necessary, the
other implementing actions which are required pursuant to this
chapter. Any development approved by a local government pursuant to
this subdivision may be appealed to the commission by any person,
including the executive director or any commissioner during the
period the permit provisions of this section are in effect.
(b) Until a local government has adopted an interim ordinance
prescribing procedures for issuing coastal development permits in the
circumstances described in subdivision (a), the permit authority
provided for in Chapter 7 (commencing with Section 30600) shall be
reinstated in the commission. A coastal development permit shall be
issued by the commission if the commission finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan, if the court-ordered prohibition or stay applies only to zoning
ordinances, zoning district maps, or, where necessary, the other
implementing actions which are required pursuant to this chapter.
(c) The permit authority provided for in this section shall be
limited to only those developments which would be affected by the
court-ordered prohibition or stay.



30522. Nothing in this chapter shall permit the commission to
certify a local coastal program which provides for a lesser degree of
environmental protection than that provided by the plans and
policies of any state regulatory agency that are formally adopted by
such agency, are used in the regulatory program of such agency, and
are legally enforceable.



30523. It is the intent of the Legislature that local coastal
programs certified by the commission should be sufficiently specific
to meet the requirements of Section 30108.5, but not so detailed as
to require amendment and commission review for minor changes, or to
discourage the assumption by local governments of postcertification
authority which ensures and implements effective protection of
coastal resources. The Legislature also recognizes that the
applicable policies and the level of specificity required to ensure
coastal resource protection may differ between areas on or near the
shoreline and inland areas.


30525. (a) Every state agency that owns or manages land or water
areas within the coastal zone, including public beaches, parks,
natural areas, and fish and wildlife preserves, shall identify the
sensitive resource values within those areas that are particularly
susceptible to adverse impacts from nearby development that is not
carefully planned. Every such agency shall also identify the
location and type of development that would have a significant
adverse impact on those sensitive resource values.
(b) Every agency subject to this section shall advise the
appropriate local government of particular considerations that should
be evaluated during the preparation of a local coastal program and
which, in the opinion of such agency, may be necessary to protect
identified sensitive resource values. In addition, the work
undertaken pursuant to this section shall be completed in a timely
manner in order to maximize the opportunity for the public, affected
local governments, and the commission to consider this information
fully during the preparation, review, and approval of the appropriate
local coastal program.
(c) Work already completed pursuant to former Chapter 7
(commencing with Section 31300) of Division 21 of the Public
Resources Code, added by Chapter 1441 of the Statutes of 1976, and in
conformity with this section, that identifies sensitive resource
values within publicly owned or managed land and water areas of the
coastal zone shall be considered by local government and the
commission in the course of carrying out this chapter.
(d) For purposes of this section, "sensitive resource values"
means those fragile or unique natural resources which are
particularly susceptible to degradation resulting from surrounding
development, the adverse effects of which have not been carefully
evaluated, mitigated, or avoided. Examples include, but are not
limited to, environmentally sensitive areas, as defined in Section
30107.5, areas uniquely suited for scientific or educational
purposes, and specific public recreation areas where the quality of
the recreational experience is dependent on the character of the
surrounding area.



30526. (a) Because of the intensity of development contemplated,
the area's steep topography and highly erodible soils, and the
demonstrated impacts from development despite the utilization of
mitigation measures, the Legislature finds that the threat from
development to wetlands in the City of San Diego requires that a
mitigation fee program be included in the city's local coastal
program. Therefore, the City of San Diego shall provide in its local
coastal program for payment of a reasonable fee to the State Coastal
Conservancy by applicants for a coastal development permit if the
proposed development has, or is reasonably expected to have, a direct
and significant effect on coastal resources within a specific
geographic watershed in the coastal zone which can be mitigated
through the incorporation of feasible onsite and offsite mitigation
measures into the proposed development and through the mitigation fee
program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be
deposited in an account established by the State Coastal Conservancy
. None of the funds in the account shall be appropriated for any
purpose not specified in this section. Except as provided in this
section, any fee paid pursuant to this section may only be used to
restore, replace, or improve resources or ecological systems which
are adversely affected by the proposed development and with respect
to which the fee constitutes partial or total mitigation. Any fees
established pursuant to this section are not required for any
development that is undertaken by a public agency for the purpose of
providing resource enhancement or public recreation. In the event
that mitigation of all development impacts cannot be feasibly carried
out within the watershed, the conservancy may, with the approval of
the local government and the commission, complete the mitigation for
the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los
Penasquitos Lagoon area in the City of San Diego.

30530. It is the intent of the Legislature, consistent with the
provisions of Chapter 9 (commencing with Section 31400) of Division
21, that a program to maximize public access to and along the
coastline be prepared and implemented in a manner that ensures
coordination among and the most efficient use of limited fiscal
resources by federal, state, and local agencies responsible for
acquisition, development, and maintenance of public coastal
accessways. There is a need to coordinate public access programs so
as to minimize costly duplication and conflicts and to assure that,
to the extent practicable, different access programs complement one
another and are incorporated within an integrated system of public
accessways to and along the state's coastline. The Legislature
recognizes that different public agencies are currently implementing
public access programs and encourages such agencies to strengthen
those programs in order to provide yet greater public benefits.




30531. The commission shall be responsible for the preparation of a
public coastal access program which includes the elements set forth
in this section and which, to the maximum extent practicable, is
incorporated into the local coastal programs prepared, approved, and
implemented pursuant to this division.
(a) On or before January 1, 1981, the commission shall prepare a
coastal access inventory. The coastal access inventory shall be
updated on a continuing basis and shall include, but not be limited
to, the following information:
(1) A list identifying lands held or operated for the purpose of
providing public access to or along the coast. Each listing shall
include a brief description of the type of access provided, access
constraints, access facility ownership, and resources or uses for
which access is provided or suitable.
(2) A list of known offers to dedicate, accepted dedications, and
any other legally binding actions taken that provide opportunities
for any type of public use of or access to or along the coast. Each
listing shall include a brief description of the legal status of the
instrument granting or otherwise providing public access, whether
public access is physically available, and if not, what action is
necessary to be taken to accomplish actual public use.
(3) A map showing the precise location of the listings included
pursuant to paragraphs (1) and (2) of this subdivision.
(b) On or before June 1, 1980, the commission shall, in
consultation with the Department of Parks and Recreation, the State
Coastal Conservancy, and other appropriate public agencies, make
recommendations to guide state, local, and to the extent permitted by
law federal public agencies in the identification, development, and
management of public accessways to and along the coast. The
recommendations made pursuant to this section shall be consistent
with the public access policies of this division and, with respect to
recommendations relating to development of public accessways,
consistent with the policy of protecting coastal resources.
(c) On or before January 1, 1981, and from time to time
thereafter, the commission, in consultation with the State Coastal
Conservancy and other affected public agencies, shall identify the
public agency or agencies it deems the most appropriate agency or
agencies to accept responsibility for the management of those public
coastal accessways listed pursuant to subdivision (a) for which no
public agency has accepted such management responsibilities. In
identifying the agency or agencies most appropriate to accept public
access management responsibilities, the commission shall include its
best estimate of costs for the development, operation, and
maintenance of such accessways and shall recommend to the Governor
and the Legislature a method of funding such costs. In preparing its
recommendations for funding public coastal accessway operation and
maintenance costs, the commission shall develop alternative,
innovative funding techniques that take into account the
appropriateness of local funding for the operation and maintenance of
accessways that serve primarily local needs. If the commission
identifies a state agency as the appropriate agency to assume
management responsibility and such agency does not accept such
responsibility, the agency shall, by December 31 of the year in which
the commission completes its report, advise the commission of its
reasons why it did not or cannot accept such responsibility. The
State Coastal Conservancy shall take those actions it deems
appropriate, including necessary agreements, to negotiate or
otherwise accomplish the acceptance of management responsibility by
the agency identified by the commission.




30532. The commission may enter into agreements with or issue
grants to any public agency for the purpose of assisting the
commission in meeting the requirements of this article. The
commission shall, to the extent available funding permits, enter into
agreements with those state agencies that currently operate some
form of public coastal access program for the purpose of completing
the inventory required by subdivision (a) of Section 30531. The
commission shall enter into an agreement with the State Coastal
Conservancy to provide the funding necessary for the conservancy to
carry out its responsibilities pursuant to this article and Chapter 9
(commencing with Section 31400) of Division 21.



30533. The commission, and the State Coastal Conservancy, shall on
or before January 1, 1981, and on or before each January 1
thereafter, report to the Governor and the Legislature the progress
made in implementing the public coastal access program established by
this article. It is the intent of the Legislature that the
commission, the State Coastal Conservancy, and all other appropriate
public agencies proceed with all deliberate speed to implement the
provisions of this article prior to the deadlines established in this
article.


30534. The commission shall, within 10 days after receiving
evidence of recordation of any offer to dedicate real property for
access to or along the coast, which dedication was required as a
condition to the issuance of a coastal development permit, forward a
copy of such evidence and a description of such real property to the
Department of Parks and Recreation, the State Coastal Conservancy,
and the State Lands Commission.

30600. (a) Except as provided in subdivision (e), and in addition
to obtaining any other permit required by law from any local
government or from any state, regional, or local agency, any person,
as defined in Section 21066, wishing to perform or undertake any
development in the coastal zone, other than a facility subject to
Section 25500, shall obtain a coastal development permit.
(b) (1) Prior to certification of its local coastal program, a
local government may, with respect to any development within its area
of jurisdiction in the coastal zone and consistent with the
provisions of Sections 30604, 30620, and 30620.5, establish
procedures for the filing, processing, review, modification,
approval, or denial of a coastal development permit. Those
procedures may be incorporated and made a part of the procedures
relating to any other appropriate land use development permit issued
by the local government.
(2) A coastal development permit from a local government shall not
be required by this subdivision for any development on tidelands,
submerged lands, or on public trust lands, whether filled or
unfilled, or for any development by a public agency for which a local
government permit is not otherwise required.
(c) If prior to certification of its local coastal program, a
local government does not exercise the option provided in subdivision
(b), or a development is not subject to the requirements of
subdivision (b), a coastal development permit shall be obtained from
the commission or from a local government as provided in subdivision
(d).
(d) After certification of its local coastal program or pursuant
to the provisions of Section 30600.5, a coastal development permit
shall be obtained from the local government as provided for in
Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects,
except that notification by the agency or public utility performing
any of the following projects shall be made to the commission within
14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage. This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.



30600.1. (a) In the event that an applicant for a coastal
development permit had, prior to January 1, 1982, received from the
appropriate local government final discretionary approval to proceed
with a proposed development, but had not been issued a coastal
development permit prior to that date, the provisions of subdivision
(b) or (c) shall apply to any requirements for housing for persons or
families of low or moderate income which may be applicable to the
proposed development.
(b) In the event that the commission has approved an application
for a coastal development permit, but the applicant has not complied
with conditions in regard to such housing which were imposed by the
commission as part of its approval, the applicant shall do either of
the following:
(1) Comply with the housing and other applicable conditions
imposed by the commission, in which event the coastal development
permit shall be issued and the provisions of Section 65590 of the
Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in
Section 65590.1 of the Government Code to have that local government
apply the requirements of Section 65590 of the Government Code to the
proposed development, in which event, no condition previously
imposed by the commission with respect to such housing shall be
applicable to the proposed development.
(c) In the event that application has not been acted upon prior to
January 1, 1982, the commission shall process the application as
otherwise required by this division, but shall not impose any
condition or requirement with respect to housing for persons or
families of low or moderate income on the proposed development. The
applicant shall apply to the appropriate local government as provided
in Section 65590.1 of the Government Code to have that local
government apply the requirements of Section 65590 of the Government
Code to the proposed development. The commission, at its discretion,
may defer action on this application until the local government has
acted to apply the requirements of Section 65590 of the Government
Code. The time limits otherwise applicable to commission action on
this application shall be stayed during any such period of deferral.
If however any such application is for a conversion of a residential
dwelling as defined in paragraph (1) of subdivision (g) of Section
65590 of the Government Code, the commission shall not defer
processing of such application but shall defer the final issuance of
a coastal development permit until the local government has applied
the requirements of Section 65590 of the Government Code.



30600.5. (a) Prior to the certification of a local coastal program
and notwithstanding the provisions of subdivision (a) of Section
30519, after the effective date of this section, the authority for
issuance of coastal development permits provided for in Chapter 7
(commencing with Section 30600) shall be delegated to local
governments pursuant to the provisions of this section.
(b) Except for any development specified in subdivision (b) of
Section 30519 and Section 30601 or with respect to any development
proposed by any state agency, the authority for issuance of coastal
development permits provided for in Chapter 7 (commencing with
Section 30600) shall be delegated to the respective local governments
within 120 days after (1) the effective date of certification of a
land use plan pursuant to Chapter 6 (commencing with Section 30500)
or (2) the effective date of this section, whichever occurs last.
This delegation shall only apply with respect to those areas governed
by the certified land use plan or a certified portion thereof,
applicable to an identifiable geographic area.
(c) Notwithstanding any other provision of this division, after
delegation of authority to issue coastal development permits pursuant
to subdivision (b), a coastal development permit shall be issued by
the respective local government or the commission on appeal, if that
local government or the commission on appeal finds that the proposed
development is in conformity with the certified land use plan.
(d) Any action taken by a local government on a coastal
development permit application pursuant to the provisions of this
section may be appealed to the commission pursuant to Section 30602.
The commission shall hear an appeal brought pursuant to the
provisions of this section, unless it determines that the local
government action taken raises no substantial issue as to conformity
with the certified land use plan. For purposes of this subdivision,
failure by any local government to act within any time limit
specified in this division shall constitute an "action taken."
(e) The commission shall, following a public hearing and within 90
days after the effective date of this section, adopt minimum
standards for public notice, hearing, and appeal procedures to govern
local government review of coastal development permit applications
pursuant to this section. The standards shall, as nearly as
practical, follow the standards required for local agencies after
certification of local coastal programs for appealable developments
and shall ensure that the notice and hearing required for the coastal
development permit can be provided at the same time as the notice
and hearing requirements for other local land use decisions which may
be necessary for the project requiring the permit. Within 60 days
prior to assumption of authority for issuance of coastal development
permits pursuant to this section, the local government shall provide
drafts of all procedures for issuance of coastal development permits
to the executive director of the commission. Delegation of the
authority to issue coastal development permits pursuant to
subdivision (b) shall not occur until the local government has
provided copies of all the adopted procedures for the issuance of
coastal development permits to the executive director of the
commission. Any amendments to the procedures shall also be furnished
to the executive director for his information.
(f) Prior to the delegation of authority to issue coastal
development permits as provided in subdivision (b), a local
government, after appropriate notice and hearing, shall adopt an
ordinance prescribing the procedures to be used in issuing such
coastal development permits. Each such ordinance shall incorporate
at least the minimum standards for public notice, hearings, and
appeals established by the commission pursuant to subdivision (e).
In addition, each such ordinance shall contain provisions which
prohibit the issuance of a coastal development permit for any
development which may conflict with the ordinances which are being
prepared to implement the certified land use plan.
(g) In order to expedite certification of complete local coastal
programs and the transfer of coastal development controls to local
government, the commission shall, on request from a local government,
prepare the ordinances necessary for that local government to
implement the coastal permit responsibilities of this division.
(h) The time limits set forth in subdivision (b) shall be
extended, by right, for not more than 90 days if a local government,
by resolution of its governing body, so requests.
(i) The provisions of this section and of any local ordinance
enacted pursuant thereto shall have no further force or effect or
application after that local government's local coastal program has
been certified and taken effect pursuant to the provisions of this
division.
(j) This section shall become inoperative and shall have no force
or effect on the date, if any, of a final judicial decision that its
provisions are inconsistent with the requirements of the federal
coastal act.


30600.6. (a) The Legislature finds that some new cost may be
incurred by local governments when the authority to issue coastal
development permits is delegated to these local governments as
provided in Section 30600.5. It is the intent of the Legislature
that during the period prior to certification of a local government's
local coastal program these new costs shall be funded as provided in
this section.
(b) If a local government has been delegated authority to issue
coastal development permits as provided in Section 30600.5, any new
costs incurred by reason thereof shall be recovered from fees charged
to individual permit applicants. Such fees shall cover only those
costs which meet all of the following criteria:
(1) The costs are attributable to the actual issuance of coastal
development permits, including a pro rata share of general
administrative costs.
(2) The costs would not have been incurred except for the
delegation of authority to issue coastal development permits as
provided in Section 30600.5.
(3) The costs are of a type which would not normally be incurred
by the local government in carrying out its land use planning and
regulatory responsibilities pursuant to other provisions of law.
(c) A local government may elect not to levy fees as provided in
this section. If the local government does not levy such fees, it
shall not be eligible to be reimbursed for such costs pursuant to
other provisions of law.
(d) After certification of its local coastal program, each
respective local government shall be reimbursed for costs associated
with implementation of that local coastal program as provided in
Article 4 (commencing with Section 30350) of Chapter 4.



30600.7. Where, prior to delegation of coastal permit authority
pursuant to Section 30519, a modification of a refinery facility or
petrochemical facility is necessary to comply with a goal, policy, or
requirement of an air pollution control district, the State Air
Resources Board, or the Environmental Protection Agency to provide
for reformulated or alternative fuels, that modification shall
require a coastal development permit from the commission only,
notwithstanding the option afforded local governments under
subdivision (b) of Section 30600.


30601. Prior to certification of the local coastal program and,
where applicable, in addition to a permit from local government
pursuant to subdivision (b) or (d) of Section 30600, a coastal
development permit shall be obtained from the commission for any of
the following:
(1) Developments between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any
beach or of the mean high tide line of the sea where there is no
beach, whichever is the greater distance.
(2) Developments not included within paragraph (1) located on
tidelands, submerged lands, public trust lands, within 100 feet of
any wetland, estuary, stream, or within 300 feet of the top of the
seaward face of any coastal bluff.
(3) Any development which constitutes a major public works project
or a major energy facility.



30601.5. Where the applicant for a coastal development permit is
not the owner of a fee interest in the property on which a proposed
development is to be located, but can demonstrate a legal right,
interest, or other entitlement to use the property for the proposed
development, the commission shall not require the holder or owner of
any superior interest in the property to join the applicant as
coapplicant. All holders or owners of any other interests of record
in the affected property shall be notified in writing of the permit
application and invited to join as coapplicant. In addition, prior
to the issuance of a coastal development permit, the applicant shall
demonstrate the authority to comply with all conditions of approval.




30602. Prior to certification of its local coastal program, any
action taken by a local government on a coastal development permit
application may be appealed by the executive director of the
commission, any person, including the applicant, or any two members
of the commission to the commission. The action shall become final
at the close of business on the 20th working day from the date of
receipt of the notice required by subdivision (c) of Section 30620.5,
unless an appeal is submitted within that time. Regardless of
whether an appeal is submitted, the local government's action shall
become final if an appeal fee is imposed pursuant to subdivision (d)
of Section 30620 and is not deposited with the commission within the
time prescribed.



30603. (a) After certification of its local coastal program, an
action taken by a local government on a coastal development permit
application may be appealed to the commission for only the following
types of developments:
(1) Developments approved by the local government between the sea
and the first public road paralleling the sea or within 300 feet of
the inland extent of any beach or of the mean high tideline of the
sea where there is no beach, whichever is the greater distance.
(2) Developments approved by the local government not included
within paragraph (1) that are located on tidelands, submerged lands,
public trust lands, within 100 feet of any wetland, estuary, or
stream, or within 300 feet of the top of the seaward face of any
coastal bluff.
(3) Developments approved by the local government not included
within paragraph (1) or (2) that are located in a sensitive coastal
resource area.
(4) Any development approved by a coastal county that is not
designated as the principal permitted use under the zoning ordinance
or zoning district map approved pursuant to Chapter 6 (commencing
with Section 30500).
(5) Any development which constitutes a major public works project
or a major energy facility.
(b) (1) The grounds for an appeal pursuant to subdivision (a)
shall be limited to an allegation that the development does not
conform to the standards set forth in the certified local coastal
program or the public access policies set forth in this division.
(2) The grounds for an appeal of a denial of a permit pursuant to
paragraph (5) of subdivision (a) shall be limited to an allegation
that the development conforms to the standards set forth in the
certified local coastal program and the public access policies set
forth in this division.
(c) Any action described in subdivision (a) shall become final at
the close of business on the 10th working day from the date of
receipt by the commission of the notice of the local government's
final action, unless an appeal is submitted within that time.
Regardless of whether an appeal is submitted, the local government's
action shall become final if an appeal fee is imposed pursuant to
subdivision (d) of Section 30620 and is not deposited with the
commission within the time prescribed.
(d) A local government taking an action on a coastal development
permit shall send notification of its final action to the commission
by certified mail within seven calendar days from the date of taking
the action.


30603.1. (a) In any city and county which so requests, the
commission may adjust the inland boundary of the area within which
the issuance of coastal development permits may be appealed to the
commission pursuant to paragraph (1) of subdivision (a) of Section
30603. Any such adjustment shall be made solely to avoid the
circumstance of having the boundary of that area bisect an individual
parcel of property. The adjustment may be made landward or seaward,
but shall be the minimum distance necessary, consistent with the
policies of Chapter 3 (commencing with Section 30200), to avoid
bisecting a parcel of property.
(b) If the commission subsequently finds that the circumstances
which warranted a boundary adjustment pursuant to subdivision (a)
have changed, it may, after notice to the city and county, readjust
the boundary so that it is consistent with the changed circumstances.
The requirements of subdivision (a) shall apply to any such
boundary adjustment.



30604. (a) Prior to certification of the local coastal program, a
coastal development permit shall be issued if the issuing agency, or
the commission on appeal, finds that the proposed development is in
conformity with Chapter 3 (commencing with Section 30200) and that
the permitted development will not prejudice the ability of the local
government to prepare a local coastal program that is in conformity
with Chapter 3 (commencing with Section 30200). A denial of a
coastal development permit on grounds it would prejudice the ability
of the local government to prepare a local coastal program that is in
conformity with Chapter 3 (commencing with Section 30200) shall be
accompanied by a specific finding that sets forth the basis for that
conclusion.
(b) After certification of the local coastal program, a coastal
development permit shall be issued if the issuing agency or the
commission on appeal finds that the proposed development is in
conformity with the certified local coastal program.
(c) Every coastal development permit issued for any development
between the nearest public road and the sea or the shoreline of any
body of water located within the coastal zone shall include a
specific finding that the development is in conformity with the
public access and public recreation policies of Chapter 3 (commencing
with Section 30200).
(d) No development or any portion thereof that is outside the
coastal zone shall be subject to the coastal development permit (continued)