CCLME.ORG - THE CALIFORNIA COASTAL ACT OF 1976

(continued)
The governing body may designate the local coastal administrator or
other designee as the decisionmaking authority to decide the projects
that will be transmitted to the commission for processing and
permitting.
(2) If the governing body of the local government elects to
designate the commission as the processing and permitting authority
for a project, all documents and changes submitted to the commission
during the course of the application process shall also be submitted
to the local government for informational purposes. The local
government may transmit any recommendations it may have for the
project to the commission.
(3) If the commission issues an administrative permit for a
project, rather than a coastal development permit, the local coastal
administrator, other designee, or governing body, as the case may be,
may object to the commission regarding the issuance of that permit.

(4) The applicant shall obtain all local noncoastal use permits in
connection with the project. The approval of the commission's
coastal development permit shall be conditioned on the approval of
the local noncoastal permits.
(5) The applicant shall transmit all complaints and comments from
residents and business owners in connection with the filming activity
to the commission for consideration prior to the approval of the
application.
(6) The applicant shall obtain all other applicable permits
required by state and federal jurisdictions in connection with the
project.

30611. When immediate action by a person or public agency
performing a public service is required to protect life and public
property from imminent danger, or to restore, repair, or maintain
public works, utilities, or services destroyed, damaged, or
interrupted by natural disaster, serious accident, or in other cases
of emergency, the requirements of obtaining any permit under this
division may be waived upon notification of the executive director of
the commission of the type and location of the work within three
days of the disaster or discovery of the danger, whichever occurs
first. Nothing in this section authorizes permanent erection of
structures valued at more than twenty-five thousand dollars
($25,000).

30612. An application for a coastal development permit to demolish
a structure shall not be denied unless the agency authorized to issue
that permit, or the commission, on appeal, where appeal is
authorized by this division, finds, based on a preponderance of the
evidence, that retention of that structure is feasible.

30613. (a) The provisions of subdivision (b) of Section 30519,
subdivision (b) of Section 30600, and subdivision (b) of Section
30610.5, which apply to lands subject to the public trust shall not
apply to any lands which may be subject to the public trust but which
the commission, after consultation with the State Lands Commission,
determines are (1) filled and developed and are (2) located within an
area which is committed to urban uses.
(b) No later than 120 days after receiving a request from a local
government, the commission shall determine the lands within the
jurisdiction of that local government to which the provisions of
subdivision (a) apply.
(c) The provisions of this section shall apply to lands which have
been the subject of coastal development permits, local coastal
programs, categorical exclusions or urban exclusions, which have
previously been approved, authorized, or certified by the commission.

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

30620. (a) By January 30, 1977, the commission shall, consistent
with this chapter, prepare interim procedures for the submission,
review, and appeal of coastal development permit applications and of
claims of exemption. These procedures shall include, but are not
limited to, the following:
(1) Application and appeal forms.
(2) Reasonable provisions for notification to the commission and
other interested persons of any action taken by a local government
pursuant to this chapter, in sufficient detail to ensure that a
preliminary review of that action for conformity with this chapter
can be made.
(3) Interpretive guidelines designed to assist local governments,
the commission, and persons subject to this chapter in determining
how the policies of this division shall be applied in the coastal
zone prior to the certification of local coastal programs. However,
the guidelines shall not supersede, enlarge, or diminish the powers
or authority of the commission or any other public agency.
(b) Not later than May 1, 1977, the commission shall, after public
hearing, adopt permanent procedures that include the components
specified in subdivision (a) and shall transmit a copy of those
procedures to each local government within the coastal zone and make
them readily available to the public. The commission may thereafter,
from time to time, and, except in cases of emergency, after public
hearing, modify or adopt additional procedures or guidelines that the
commission determines to be necessary to better carry out this
division.
(c) (1) The commission may require a reasonable filing fee and the
reimbursement of expenses for the processing by the commission of
any application for a coastal development permit under this division
and, except for local coastal program submittals, for any other
filing, including, but not limited to, a request for revocation,
categorical exclusion, or boundary adjustment, submitted for review
by the commission.
(2) Any coastal development permit fees collected by the
commission under paragraph (1) shall be deposited in the Coastal
Access Account, which is hereby created in the State Coastal
Conservancy Fund. The money in the account shall be available, upon
appropriation by the Legislature in the annual Budget Act, to the
State Coastal Conservancy for grants to public agencies and private
nonprofit entities or organizations for the development, maintenance,
and operation of new or existing facilities that provide public
access to the shoreline of the sea, as defined in Section 30115. Any
grant funds that are not expended for those purposes shall revert to
the account. Nothing in this paragraph authorizes an increase in
fees or creates any new authority on the part of the commission.
(d) With respect to any appeal of an action taken by a local
government pursuant to Section 30602 or 30603, the executive director
shall, within five working days of receipt of an appeal from any
person other than members of the commission or any public agency,
determine whether the appeal is patently frivolous. If the executive
director determines that an appeal is patently frivolous, the appeal
shall not be filed unless a filing fee in the amount of three
hundred dollars ($300) is deposited with the commission within five
working days of the receipt of the executive director's
determination. If the commission subsequently finds that the appeal
raises a substantial issue, the filing fee shall be refunded.

30620.5. (a) A local government may exercise the option provided in
subdivision (b) of Section 30600, if it does so for the entire area
of its jurisdiction within the coastal zone and after it establishes
procedures for the issuance of coastal development permits. Such
procedures shall incorporate, where applicable, the interpretive
guidelines issued by the commission pursuant to Section 30620.
(b) If a local government elects to exercise the option provided
in subdivision (b) of Section 30600, the local government shall, by
resolution adopted by the governing body of such local government,
notify the commission and shall take appropriate steps to assure that
the public is properly notified of such action. The provisions of
subdivision (b) of Section 30600 shall take effect and shall be
exercised by the local government on the 10th working day after the
date on which the resolution required by this subdivision is adopted.

(c) Every local government exercising the option provided in
subdivision (b) of Section 30600 or acting on coastal development
permits prior to certification of its local coastal program pursuant
to Sections 30520, 30600.5, and 30624, shall within five working days
notify the commission and any person who, in writing, has requested
such notification, in the manner prescribed by the commission
pursuant to Section 30600.5 or 30620, of any coastal development
permit it issues.
(d) Within five working days of receipt of the notice required by
subdivision (c), the executive director of the commission shall
post, at a conspicuous location in the commission's office, a
description of the coastal development permit issued by the local
government. Within 15 working days of receipt of such notice, the
executive director shall, in the manner prescribed by the commission
pursuant to subdivision (a) of Section 30620, provide notice of the
locally issued coastal development permit to members of the
commission.

30620.6. The commission shall, not later than August 1, 1978, and
after public hearing, adopt public notice and appeal procedures for
the review of development projects appealable pursuant to Sections
30603 and 30715. The commission shall send copies of such procedures
to every local government within the coastal zone and shall make
them readily available to the public.

30621. (a) The commission shall provide for a de novo public
hearing on applications for coastal development permits and any
appeals brought pursuant to this division and shall give to any
affected person a written public notice of the nature of the
proceeding and of the time and place of the public hearing. Notice
shall also be given to any person who requests, in writing, such
notification. A hearing on any coastal development permit
application or an appeal shall be set no later than 49 days after the
date on which the application or appeal is filed with the
commission.
(b) An appeal that is properly submitted shall be considered to be
filed when any of the following occurs:
(1) The executive director determines that the appeal is not
patently frivolous pursuant to subdivision (d) of Section 30620.
(2) The five-day period for the executive director to determine
whether an appeal is patently frivolous pursuant to subdivision (d)
of Section 30620 expires without that determination.
(3) The appellant pays the filing fee within the five-day period
set forth in subdivision (d) of Section 30620.

30622. The commission shall act upon the coastal development permit
application or an appeal within 21 days after the conclusion of the
hearing pursuant to Section 30621.

30623. If an appeal of any action on any development by any local
government or port governing body is filed with the commission, the
operation and effect of that action shall be stayed pending a
decision on appeal.

30624. (a) The commission shall provide, by regulation, for the
issuance of coastal development permits by the executive director of
the commission or, where the coastal development permit authority
has been delegated to a local government pursuant to Section 30600.5,
by an appropriate local official designated by resolution of the
local government without compliance with the procedures specified in
this chapter in cases of emergency, other than an emergency provided
for under Section 30611, and for the following nonemergency
developments: improvements to any existing structure; any
single-family dwelling; any development of four dwelling units or
less within any incorporated area that does not require demolition;
any other developments not in excess of one hundred thousand dollars
($100,000) other than any division of land; and any development
specifically authorized as a principal permitted use and proposed in
an area for which the land use portion of the applicable local
coastal program has been certified. Such permit for nonemergency
development shall not be effective until after reasonable public
notice and adequate time for the review of such issuance has been
provided.
(b) If one-third of the appointed members of the commission so
request at the first meeting following the issuance of such permit by
the executive director, such issuance shall not be effective, and,
instead, the application shall be processed in accordance with the
commission's procedures for permits and pursuant to the provisions of
this chapter.
(c) Any permit issued by a local official pursuant to the
provisions of this section shall be scheduled on the agenda of the
governing body of the local agency at its first scheduled meeting
after that permit has been issued. If, at that meeting, one-third of
the members of that governing body so request, the permit issued by
the local official shall not go into effect and the application for a
coastal development permit shall be processed by the local
government pursuant to Section 30600.5.
(d) No monetary limitations shall be required for emergencies
covered by the provisions of this section.

30624.7. The commission may, after a public hearing, by regulation,
adopt procedures for the issuance by the executive director of
waivers from coastal development permit requirements for any
development that is de minimis. A proposed development is de
minimis if the executive director determines that it involves no
potential for any adverse effect, either individually or
cumulatively, on coastal resources and that it will be consistent
with the policies of Chapter 3 (commencing with Section 30200).
A waiver shall not take effect until it has been reported to the
commission at the regularly scheduled meeting following its issuance
by the executive director. If one-third of the appointed membership
of the commission so request, at this meeting, such issuance shall
not be effective and, instead, an application for a coastal
development permit shall be required and processed in accordance with
the provisions of this chapter.

30624.9. (a) For purposes of this section, "minor development"
means a development which a local government determines satisfies all
of the following requirements:
(1) Is consistent with the certified local coastal program, as
defined in Section 30108.6.
(2) Requires no discretionary approvals other than a coastal
development permit.
(3) Has no adverse effect either individually or cumulatively on
coastal resources or public access to the shoreline or along the
coast.
(b) After certification of its local coastal program, a local
government may waive the requirement for a public hearing on a
coastal development permit application for a minor development only
if both of the following occur:
(1) Notice that a public hearing shall be held upon request by any
person is provided to all persons who would otherwise be required to
be notified of a public hearing as well as any other persons known
to be interested in receiving notice.
(2) No request for public hearing is received by the local
government within 15 working days from the date of sending the notice
pursuant to paragraph (1).
(c) The notice provided pursuant to subdivision (b) shall include
a statement that failure by a person to request a public hearing may
result in the loss of that person's ability to appeal to the
commission any action taken by a local government on a coastal
development permit application.

30625. (a) Except as otherwise specifically provided in subdivision
(a) of Section 30602, any appealable action on a coastal development
permit or claim of exemption for any development by a local
government or port governing body may be appealed to the commission
by an applicant, any aggrieved person, or any two members of the
commission. The commission may approve, modify, or deny such
proposed development, and if no action is taken within the time limit
specified in Sections 30621 and 30622, the decision of the local
government or port governing body, as the case may be, shall become
final, unless the time limit in Section 30621 or 30622 is waived by
the applicant.
(b) The commission shall hear an appeal unless it determines the
following:
(1) With respect to appeals pursuant to subdivision (a) of Section
30602, that no substantial issue exists as to conformity with
Chapter 3 (commencing with Section 30200).
(2) With respect to appeals to the commission after certification
of a local coastal program, that no substantial issue exists with
respect to the grounds on which an appeal has been filed pursuant to
Section 30603.
(3) With respect to appeals to the commission after certification
of a port master plan, that no substantial issue exists as to
conformity with the certified port master plan.
(c) Decisions of the commission, where applicable, shall guide
local governments or port governing bodies in their future actions
under this division.

30626. The commission may, by regulation, provide for the
reconsideration of the terms and conditions of any coastal
development permit granted by the commission solely for the purpose
of correcting any information contained in those terms and
conditions.

30627. (a) The commission shall, by regulation, provide procedures
which the commission shall use in deciding whether to grant
reconsideration of any of the following:
(1) Any decision to deny an application for a coastal development
permit.
(2) Any term or condition of a coastal development permit which
has been granted.
(b) The procedures required by subdivision (a) shall include at
least the following provisions:
(1) Only an applicant for a coastal development permit shall be
eligible to request reconsideration.
(2) The request for reconsideration shall be made within 30 days
of the decision on the application for a coastal development permit.

(3) The basis of the request for reconsideration shall be either
that there is relevant new evidence which, in the exercise of
reasonable diligence, could not have been presented at the hearing on
the matter or that an error of fact or law has occurred which has
the potential of altering the initial decision.
(4) The commission shall have the discretion to grant or deny
requests for reconsideration.
(c) A decision to deny a request for reconsideration is not
subject to appeal.
(d) This section shall not alter any right otherwise provided by
this division to appeal an action ; provided, that a request for
reconsideration shall be made only once for any one development
application, and shall, for purposes of any time limits specified in
Sections 30621 and 30622, be considered a new application.

30700. For purposes of this division, notwithstanding any other
provisions of this division except as specifically stated in this
chapter, this chapter shall govern those portions of the Ports of
Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District
located within the coastal zone, but excluding any wetland, estuary,
or existing recreation area indicated in Part IV of the coastal
plan.

30700.5. The definitions of Chapter 2 (commencing with Section
30100) and the provisions of Chapter 9 (commencing with Section
30800) and Section 30900 shall apply to this chapter.

30701. The Legislature finds and declares that:
(a) The ports of the State of California, including the Humboldt
Bay Harbor, Recreation, and Conservation District, constitute one of
the state's primary economic and coastal resources and are an
essential element of the national maritime industry.
(b) The location of the commercial port districts within the State
of California, including the Humboldt Bay Harbor, Recreation, and
Conservation District, are well established, and for many years such
areas have been devoted to transportation and commercial, industrial,
and manufacturing uses consistent with federal, state, and local
regulations. Coastal planning requires no change in the number or
location of the established commercial port districts. Existing
ports, including the Humboldt Bay Harbor, Recreation, and
Conservation District, shall be encouraged to modernize and construct
necessary facilities within their boundaries in order to minimize or
eliminate the necessity for future dredging and filling to create
new ports in new areas of the state.

30702. For purposes of this division, the policies of the state
with respect to providing for port-related developments consistent
with coastal protection in the port areas to which this chapter
applies, which require no commission permit after certification of a
port master plan and which, except as provided in Section 30715, are
not appealable to the commission after certification of a master
plan, are set forth in this chapter.

30703. The California commercial fishing industry is important to
the State of California; therefore, ports shall not eliminate or
reduce existing commercial fishing harbor space, unless the demand
for commercial fishing facilities no longer exists or adequate
alternative space has been provided. Proposed recreational boating
facilities within port areas shall, to the extent it is feasible to
do so, be designed and located in such a fashion as not to interfere
with the needs of the commercial fishing industry.

30705. (a) Water areas may be diked, filled, or dredged when
consistent with a certified port master plan only for the following:

(1) Construction, deepening, widening, lengthening, or maintenance
of ship channel approaches, ship channels, turning basins, berthing
areas, and facilities that are required for the safety and the
accommodation of commerce and vessels to be served by port
facilities.
(2) New or expanded facilities or waterfront land for port-related
facilities.
(3) New or expanded commercial fishing facilities or recreational
boating facilities.
(4) Incidental public service purposes, including, but not limited
to, burying cables or pipes or inspection of piers and maintenance
of existing intake and outfall lines.
(5) Mineral extraction, including sand for restoring beaches,
except in biologically sensitive areas.
(6) Restoration purposes or creation of new habitat areas.
(7) Nature study, mariculture, or similar resource-dependent
activities.
(8) Minor fill for improving shoreline appearance or public access
to the water.
(b) The design and location of new or expanded facilities shall,
to the extent practicable, take advantage of existing water depths,
water circulation, siltation patterns, and means available to reduce
controllable sedimentation so as to diminish the need for future
dredging.
(c) Dredging shall be planned, scheduled, and carried out to
minimize disruption to fish and bird breeding and migrations, marine
habitats, and water circulation. Bottom sediments or sediment
elutriate shall be analyzed for toxicants prior to dredging or
mining, and where water quality standards are met, dredge spoils may
be deposited in open coastal water sites designated to minimize
potential adverse impacts on marine organisms, or in confined coastal
waters designated as fill sites by the master plan where the spoil
can be isolated and contained, or in fill basins on upland sites.
Dredge material shall not be transported from coastal waters into
estuarine or fresh water areas for disposal.
(d) For water areas to be diked, filled, or dredged, the
commission shall balance and consider socioeconomic and environmental
factors.

30706. In addition to the other provisions of this chapter, the
policies contained in this section shall govern filling seaward of
the mean high tide line within the jurisdiction of ports:
(a) The water area to be filled shall be the minimum necessary to
achieve the purpose of the fill.
(b) The nature, location, and extent of any fill, including the
disposal of dredge spoils within an area designated for fill, shall
minimize harmful effects to coastal resources, such as water quality,
fish or wildlife resources, recreational resources, or sand
transport systems, and shall minimize reductions of the volume,
surface area, or circulation of water.
(c) The fill is constructed in accordance with sound safety
standards which will afford reasonable protection to persons and
property against the hazards of unstable geologic or soil conditions
or of flood or storm waters.
(d) The fill is consistent with navigational safety.

30707. New or expanded tanker terminals shall be designed and
constructed to do all of the following:
(a) Minimize the total volume of oil spilled.
(b) Minimize the risk of collision from movement of other vessels.

(c) Have ready access to the most effective feasible oilspill
containment and recovery equipment.
(d) Have onshore deballasting facilities to receive any fouled
ballast water from tankers where operationally or legally required.

30708. All port-related developments shall be located, designed,
and constructed so as to:
(a) Minimize substantial adverse environmental impacts.
(b) Minimize potential traffic conflicts between vessels.
(c) Give highest priority to the use of existing land space within
harbors for port purposes, including, but not limited to,
navigational facilities, shipping industries, and necessary support
and access facilities.
(d) Provide for other beneficial uses consistent with the public
trust, including, but not limited to, recreation and wildlife habitat
uses, to the extent feasible.
(e) Encourage rail service to port areas and multicompany use of
facilities.

30710. Within 90 days after January 1, 1977, the commission shall,
after public hearing, adopt, certify, and file with each port
governing body a map delineating the present legal geographical
boundaries of each port's jurisdiction within the coastal zone. The
commission shall, within such 90-day period, adopt and certify after
public hearing, a map delineating boundaries of any wetland, estuary,
or existing recreation area indicated in Part IV of the coastal plan
within the geographical boundaries of each port.

30711. (a) A port master plan that carries out the provisions of
this chapter shall be prepared and adopted by each port governing
body, and for informational purposes, each city, county, or city and
county which has a port within its jurisdiction shall incorporate the
certified port master plan in its local coastal program. A port
master plan shall include all of the following:
(1) The proposed uses of land and water areas, where known.
(2) The projected design and location of port land areas, water
areas, berthing, and navigation ways and systems intended to serve
commercial traffic within the area of jurisdiction of the port
governing body.
(3) An estimate of the effect of development on habitat areas and
the marine environment, a review of existing water quality, habitat
areas, and quantitative and qualitative biological inventories, and
proposals to minimize and mitigate any substantial adverse impact.
(4) Proposed projects listed as appealable in Section 30715 in
sufficient detail to be able to determine their consistency with the
policies of Chapter 3 (commencing with Section 30200) of this
division.
(5) Provisions for adequate public hearings and public
participation in port planning and development decisions.
(b) A port master plan shall contain information in sufficient
detail to allow the commission to determine its adequacy and
conformity with the applicable policies of this division.

30712. In the consideration and approval of a proposed port master
plan, the public, interested organizations, and governmental agencies
shall be encouraged to submit relevant testimony, statements, and
evidence which shall be considered by the port governing body. The
port governing body shall publish notice of the completion of the
draft master plan and submit a copy thereof to the commission and
shall, upon request, provide copies to other interested persons,
organizations, and governmental agencies. Thereafter, the port
governing body shall hold a public hearing on the draft master plan
not earlier than 30 days and not later than 90 days following the
date the notice of completion was published.

30713. Ports having completed a master plan prior to January 1,
1977, shall submit a copy thereof to the commission and hold a public
hearing in accordance with the provisions of Section 30712 for the
purpose of reviewing such master plan for conformity with the
applicable provisions of this division and, if necessary, adopting
such changes as would conform such plan to the applicable provisions
of this division. Notice of completion of a master plan shall not be
filed prior to January 2, 1977.

30714. After public notice, hearing, and consideration of comments
and testimony received pursuant to Sections 30712 and 30713, the port
governing body shall adopt its master plan and submit it to the
commission for certification in accordance with this chapter. Within
90 days after the submittal, the commission, after public hearing,
shall certify the plan or portion of a plan and reject any portion of
a plan which is not certified. The commission may not modify the
plan as submitted as a condition of certification. If the commission
rejects any portion of a plan, it shall base that rejection upon
written findings of fact and conclusion of law. If the commission
fails to take action within the 90-day period, the port master plan
shall be deemed certified. The commission shall certify the plan, or
portion of a plan, if the commission finds both of the following:
(a) The master plan, or certified portions thereof, conforms with
and carries out the policies of this chapter.
(b) Where a master plan, or certified portions thereof, provide
for any of the developments listed as appealable in Section 30715,
the development or developments are in conformity with all of the
policies of Chapter 3 (commencing with Section 30200).

30715. (a) Until such time as a port master plan or any portion
thereof has been certified, the commission shall permit developments
within ports as provided for in Chapter 7 (commencing with Section
30600). After a port master plan or any portion thereof has been
certified, the permit authority of the commission provided in Chapter
7 (commencing with Section 30600) shall no longer be exercised by
the commission over any new development contained in the certified
plan or any portion thereof and shall at that time be delegated to
the appropriate port governing body, except that approvals of any of
the following categories of development by the port governing body
may be appealed to the commission:
(1) Developments for the storage, transmission, and processing of
liquefied natural gas and crude oil in such quantities as would have
a significant impact upon the oil and gas supply of the state or
nation or both the state and nation. A development which has a
significant impact shall be defined in the master plans.
(2) Waste water treatment facilities, except for those facilities
which process waste water discharged incidental to normal port
activities or by vessels.
(3) Roads or highways which are not principally for internal
circulation within the port boundaries.
(4) Office and residential buildings not principally devoted to
the administration of activities within the port; hotels, motels, and
shopping facilities not principally devoted to the sale of
commercial goods utilized for water-oriented purposes; commercial
fishing facilities; and recreational small craft marina related
facilities.
(5) Oil refineries.
(6) Petrochemical production plants.
(b) If maintenance dredging is part of, or is associated with, any
category of development specified in paragraphs (1) to (6),
inclusive, of subdivision (a), the commission shall not consider that
maintenance dredging in its review and approval of those categories.

30715.5. No development within the area covered by the certified
port master plan shall be approved by the port governing body unless
it finds that the proposed development conforms with such certified
plan.

30716. (a) A certified port master plan may be amended by the port
governing body, but no such amendment shall take effect until it has
been certified by the commission. Any proposed amendment shall be
submitted to, and processed by, the commission in the same manner as
provided for submission and certification of a port master plan.
(b) The commission shall, by regulation, establish a procedure
whereby proposed amendments to a certified port master plan may be
reviewed and designated by the executive director of the commission
as being minor in nature and need not comply with Section 30714.
Such amendments shall take effect on the 10th working day after the
executive director designates such amendments as minor.
(c) (1) The executive director may determine that a proposed
certified port master plan amendment is de minimis if the executive
director determines that the proposed amendment would have no impact,
either individually or cumulatively, on coastal resources, is
consistent with the policies of Chapter 3 (commencing with Section
30200), and meets the following criteria:
(A) The port governing body, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, which
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
(i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
(ii) Posting of the notice by the port governing body both onsite
and offsite in the area affected by the proposed amendment.
(iii) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(B) The proposed amendment does not propose any change in land use
or water uses or any change in the allowable use of property.
(2) At the time that the port governing body submits the proposed
amendment to the executive director, the port governing body shall
also submit to the executive director any public comments that were
received during the comment period provided pursuant to subparagraph
(A) of paragraph (1).
(3) (A) The executive director shall make a determination as to
whether the proposed amendment is de minimis within 10 working days
from the date of submittal by the local government. If the proposed
amendment is determined to be de minimis, the proposed amendment
shall be noticed in the agenda of the next regularly scheduled
meeting of the commission, in accordance with Section 11125 of the
Government Code, and any public comments forwarded by the port
governing body shall be made available to the members of the
commission.
(B) If three members of the commission object to the executive
director's determination that the proposed amendment is de minimis,
the proposed amendment shall be set for public hearing in accordance
with the procedures specified in subdivision (b), or as specified in
subdivision (c) if applicable, as determined by the executive
director, or, at the request of the port governing body, returned to
the local government. If set for public hearing under subdivision
(b), the time requirements set by this section and Section 30714
shall commence from the date on which the objection to the de minimis
designation was made.
(C) If three of more members of the commission do not object to
the de minimis determination, the de minimis amendment shall become a
part of the certified port master plan 10 days from the date of the
commission meeting.
(4) The commission may, after a noticed public hearing, adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.

30717. The governing bodies of ports shall inform and advise the
commission in the planning and design of appealable developments
authorized under this chapter, and prior to commencement of any
appealable development, the governing body of a port shall notify the
commission and other interested persons, organizations, and
governmental agencies of the approval of a proposed appealable
development and indicate how it is consistent with the appropriate
port master plan and this division. An approval of the appealable
development by the port governing body pursuant to a certified port
master plan shall become effective after the 10th working day after
notification of its approval, unless an appeal is filed with the
commission within that time. Appeals shall be filed and processed by
the commission in the same manner as appeals from local government
actions as set forth in Chapter 7 (commencing with Section 30600) of
this division. No appealable development shall take place until the
approval becomes effective.

30718. For developments approved by the commission in a certified
master plan, but not appealable under the provisions of this chapter,
the port governing body shall forward all environmental impact
reports and negative declarations prepared pursuant to the
Environmental Quality Act of 1970 (commencing with Section 21000) or
any environmental impact statements prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) to the
commission in a timely manner for comment.

30719. Any development project or activity authorized or approved
pursuant to the provisions of this chapter shall be deemed certified
by the commission as being in conformity with the coastal zone
management program insofar as any such certification is requested by
any federal agency pursuant to the Federal Coastal Zone Management
Act of 1972 (16 U.S.C. 1451, et seq.), National Oceanic and
Atmospheric Administration, and memoranda of understanding between
the state and federal governments relative thereto.

30720. If the application of any port master plan or part thereof
is prohibited or stayed by any court, the permit authority provided
for in Chapter 7 (commencing with Section 30600) shall be reinstated
in the commission. The reinstated permit authority shall apply as to
any development which would be affected by the prohibition or stay.

30721. (a) The Legislature recognizes that Port Hueneme is unique
in its relationship to the coast in that it is the only deep water
port operated by a harbor district, and is without access to city or
county funds. Therefore, the governing body of Port Hueneme may
claim reimbursement of costs it incurs in the preparation and
certification of a port master plan as required by this chapter.
(b) Prior to submitting any claim for reimbursement, the governing
body of the port shall submit its proposed claims to the executive
director of the commission for review and approval and shall provide
adequate documentation to enable the executive director to make the
following determinations:
(1) That the work done was directly attributable to the operation
of this chapter.
(2) That the work done is reasonably related to, and appears to be
necessary for, the preparation of a certifiable port master plan for
the geographic area within the port's jurisdiction as identified by
the commission pursuant to Section 30710.
(3) That the governing body of a port is not reimbursed for the
costs of the work from any other source.
The executive director of the commission shall, within 60 days
after receipt of the necessary information, approve the proposed
claim, if the director can make the determinations set forth in this
subdivision.
(c) After a proposed claim has been reviewed and approved by the
executive director of the commission pursuant to subdivision (b), the
governing body of the port may submit its claim for reimbursement to
the Controller who shall then process and pay any such claim as
provided for in Section 2231 of the Revenue and Taxation Code.

30800. The provisions of this chapter shall be in addition to any
other remedies available at law.

30801. Any aggrieved person shall have a right to judicial review
of any decision or action of the commission by filing a petition for
a writ of mandate in accordance with Section 1094.5 of the Code of
Civil Procedure, within 60 days after the decision or action has
become final.
For purposes of this section and subdivision (c) of Section 30513
and Section 30625, an "aggrieved person" means any person who, in
person or through a representative, appeared at a public hearing of
the commission, local government, or port governing body in
connection with the decision or action appealed, or who, by other
appropriate means prior to a hearing, informed the commission, local
government, or port governing body of the nature of his concerns or
who for good cause was unable to do either. "Aggrieved person"
includes the applicant for a permit and, in the case of an approval
of a local coastal program, the local government involved.

30802. Any person, including an applicant for a permit or the
commission, aggrieved by the decision or action of a local government
that is implementing a certified local coastal program or certified
port master plan, or is exercising its powers pursuant to Section
30600.5, which decision or action may not be appealed to the
commission, shall have a right to judicial review of such decision or
action by filing a petition for writ of mandate in accordance with
the provisions of Section 1094.5 of the Code of Civil Procedure
within 60 days after the decision or action has become final. The
commission may intervene in any such proceeding upon a showing that
the matter involves a question of the conformity of a proposed
development with a certified local coastal program or certified port
master plan or the validity of a local government action taken to
implement a local coastal program or certified port master plan. Any
local government or port governing body may request that the
commission intervene. Notice of this action against a local
government or port governing body shall be filed with the commission
within five working days of the filing of this action. When an
action is brought challenging the validity of a local coastal program
or certified port master plan, a preliminary showing shall be made
prior to proceeding on the merits as to why such action should not
have been brought pursuant to the provisions of Section 30801.

30803. (a) Any person may maintain an action for declaratory and
equitable relief to restrain any violation of this division, of a
cease and desist order issued pursuant to Section 30809 or 30810, or
of a restoration order issued pursuant to Section 30811. On a prima
facie showing of a violation of this division, preliminary equitable
relief shall be issued to restrain any further violation of this
division. No bond shall be required for an action under this
section.
(b) A court may stay the operation of the cease and desist order
after it provides notice to the commission and holds a hearing. Any
such stay may be imposed or continued only if it is not against the
public interest.

30804. Any person may maintain an action to enforce the duties
specifically imposed upon the commission, any governmental agency,
any special district, or any local government by this division. No
bond shall be required for an action under this section.

30805. Any person may maintain an action for the recovery of civil
penalties provided for in Section 30820 or 30821.6.

30805.5. Any action pursuant to Sections 30805 or 30822 to recover
civil fines or penalties under this chapter shall be commenced not
later than three years from the date on which the cause of action for
the recovery is known or should have been known.

30806. (a) Any civil action under this division by, or against, a
city, county, or city and county, the commission, special district,
or any other public agency shall, upon motion of either party, be
transferred to a county or city and county not a party to the action
or to a county or city and county other than that in which the city,
special district, or any other public agency which is a party to the
action is located.
(b) In any action brought by or against any local government,
other than an action brought by or against the commission, that
involves the enforcement or implementation of its certified local
coastal program, the Department of Justice shall, upon the request of
the local government, provide such legal assistance as its resources
permit.

30808. In addition to any other remedy provided by this article,
any person, including the commission may bring an action to restrain
a violation of the terms and conditions of an urban exclusion imposed
pursuant to Section 30610.5. In any such action the court may grant
whatever relief it deems appropriate to ensure compliance with the
terms and conditions of the urban exclusion.

30809. (a) If the executive director determines that any person or
governmental agency has undertaken, or is threatening to undertake,
any activity that (1) may require a permit from the commission
without securing a permit or (2) may be inconsistent with any permit
previously issued by the commission, the executive director may issue
an order directing that person or governmental agency to cease and
desist. The order may be also issued to enforce any requirements of
a certified local coastal program or port master plan, or any
requirements of this division which are subject to the jurisdiction
of the certified program or plan, under any of the following
circumstances:
(1) The local government or port governing body requests the
commission to assist with, or assume primary responsibility for,
issuing a cease and desist order.
(2) The commission requests and the local government or port
governing body declines to act, or does not take action in a timely
manner, regarding an alleged violation which could cause significant
damage to coastal resources.
(3) The local government or port governing body is a party to the
violation.
(b) The cease and desist order shall be issued only if the person
or agency has failed to respond in a satisfactory manner to an oral
notice given in person or by telephone, followed by a written
confirmation, or a written notice given by certified mail or hand
delivered to the landowner or the person performing the activity.
The notice shall include the following:
(1) A description of the activity which meets the criteria of
subdivision (a).
(2) A statement that the described activity constitutes
development which is in violation of this division because it is not
authorized by a valid coastal development permit.
(3) A statement that the described activity be immediately stopped
or the alleged violator may receive a cease and desist order, the
violation of which may subject the violator to additional fines.
(4) The name, address, and phone number of the commission or local
government office which is to be contacted for further information.

(c) The cease and desist order may be subject to such terms and
conditions as the executive director may determine are necessary to
avoid irreparable injury to any area within the jurisdiction of the
commission pending action by the commission under Section 30810.
(d) The cease and desist order shall be effective upon its
issuance, and copies shall be served forthwith by certified mail upon
the person or governmental agency subject to the order.
(e) A cease and desist order issued pursuant to this section shall
become null and void 90 days after issuance.

30810. (a) If the commission, after public hearing, determines that
any person or governmental agency has undertaken, or is threatening
to undertake, any activity that (1) requires a permit from the
commission without securing a permit or (2) is inconsistent with any
permit previously issued by the commission, the commission may issue
an order directing that person or governmental agency to cease and
desist. The order may also be issued to enforce any requirements of
a certified local coastal program or port master plan, or any
requirements of this division which are subject to the jurisdiction
of the certified program or plan, under any of the following
circumstances:
(1) The local government or port governing body requests the
commission to assist with, or assume primary responsibility for,
issuing a cease and desist order.
(2) The commission requests and the local government or port
governing body declines to act, or does not take action in a timely
manner, regarding an alleged violation which could cause significant
damage to coastal resources.
(3) The local government or port governing body is a party to the
violation.
(b) The cease and desist order may be subject to such terms and (continued)