Public Resources Code Division 20 California Coastal Act (2024)

PUBLIC RESOURCES CODE

DIVISION 20

CALIFORNIA COASTAL ACT

(2024)

Section

Page

Chapter 1

Findings and Declarations and General Provisions

30000

Chapter 2

Definitions

30100

Chapter 2.5

Revisions to the Coastal Zone Boundary

30150

Chapter 3

Coastal Resources Planning and Management

Policies

30200

Article 1. General

Article 2. Public Access

Article 3. Recreation

Article 4. Marine Environment

Article 5. Land Resources

Article 6. Development

Article 7. Industrial Development

Article 8. Sea Level Rise

Chapter 4

Creation, Membership, and Powers of Commission

and Regional Commissions

30300

Article 1. Creation, Membership of Commission

and Regional Commission

Article 2. Qualifications and Organization

Article 2.5. Fairness and Due Process

Article 3. Powers and Duties

Article 4. Local Coastal Program

Implementation Costs

Chapter 5

State Agencies

30400

Article 1. General

Article 2. State Agencies

Chapter 6

Implementation

30500

Article 1. Local Coastal Program

Article 2. Procedure for Preparation, Approval,

and Certification of Local Coastal

Programs

Article 3. Coastal Public Access Program

Chapter 7

Development Controls

30600

116

Article 1. General Provisions

Article 2. Development Control Procedures

Chapter 8

Ports

30700

161

Article 1. Findings and General Provisions

Article 2. Policies

Article 3. Implementation: Master Plan

Chapter 9

Judicial Review, Enforcement, and Penalties

30800

172

Article 1. General Provisions

Article 2. Penalties

Chapter 10

Severability

30900

185

CHAPTER 1

FINDINGS AND DECLARATIONS AND

GENERAL PROVISIONS

Section

30000 Short title

30001 Legislative findings and declarations; ecological balance

30001.2 Legislative findings and declarations; economic development

30001.3 Legislative findings and declarations; offshore wind energy

generation

30001.5 Legislative findings and declarations; goals

30002 Legislative findings and declarations; implementation of plan

30003 Compliance by public agencies

30004 Legislative findings and declarations; necessity of continued planning and

management

30005 Local governmental powers; nuisances; attorney general's powers

30005.5 Local governmental powers; construction

30006 Legislative findings and declarations; public participation

30006.5 Legislative findings and declarations; technical advice and

recommendations

30007 Housing; local governments

30007.5 Legislative findings and declarations; resolution of policy conflicts

30008 Division as coastal zone management program

30009 Construction

30010 Compensation for taking of private property; legislative declaration

30011 Requirements of Government Code Section 65590; review of local

government’s application; evidence of compliance; information concerning

status of action to apply

30012 Legislative findings and declarations; public education program

30013 Environmental justice

Section 30000 Short title

This division shall be known and may be cited as the California Coastal Act of 1976.

Section 30001 Legislative findings and declarations; ecological balance

The Legislature hereby finds and declares:

(a) That the California coastal zone is a distinct and valuable natural resource of

vital and enduring interest to all the people and exists as a delicately balanced

ecosystem.

(b) That the permanent protection of the state's natural and scenic resources is a

paramount concern to present and future residents of the state and nation.

and private property, wildlife, marine fisheries, and other ocean resources, and the

natural environment, it is necessary to protect the ecological balance of the coastal

zone and prevent its deterioration and destruction.

(d) That existing developed uses, and future developments that are carefully

planned and developed consistent with the policies of this division, are essential to the

economic and social well-being of the people of this state and especially to working

persons employed within the coastal zone.

(Amended by Ch. 1090, Stats. 1979.)

Section 30001.2 Legislative findings and declarations; economic development

The Legislature further finds and declares that, notwithstanding the fact electrical

generating facilities, refineries, and coastal-dependent developments, including ports

and commercial fishing facilities, offshore petroleum and gas development, and

liquefied natural gas facilities, may have significant adverse effects on coastal resources

or coastal access, it may be necessary to locate such developments in the coastal zone

in order to ensure that inland as well as coastal resources are preserved and that

orderly economic development proceeds within the state.

Section 30001.3 Legislative findings and declarations; offshore wind energy

generation

The Legislature finds and declares all of the following:

(a) Offshore wind energy generation is an important component of

California’s renewable energy portfolio.

(b) While offshore wind energy generation can provide significant climate

and economic benefits, industrial scale development and deployment of offshore

wind energy will also have impacts on coastal and ocean resources, fisheries,

and coastal communities that are not yet fully understood.

maintaining a livable planet necessitate expeditious development of offshore

wind energy generation facilities and associated infrastructure in a manner that

also avoids, minimizes, and mitigates impacts to ocean and coastal resources to

the maximum extent practicable.

(d) Through science-based monitoring and mitigation, meaningful

engagement with affected communities, adaptive management, and equitable

workforce development, California can be a world leader in the rapid, just, and

environmentally sustainable generation of renewable energy from offshore wind.

(Added by Ch. 386, Stats. 2023.)

Section 30001.5 Legislative findings and declarations; goals

The Legislature further finds and declares that the basic goals of the state for the

coastal zone are to:

(a) Protect, maintain, and where feasible, enhance and restore the overall quality

of the coastal zone environment and its natural and artificial resources.

(b) Ensure orderly, balanced utilization and conservation of coastal zone

resources taking into account the social and economic needs of the people of the state.

recreational opportunities in the coastal zone consistent with sound resources

conservation principles and constitutionally protected rights of private property owners.

(d) Ensure priority for coastal-dependent and coastal-related development over

other development on the coast.

(e) Encourage state and local initiatives and cooperation in preparing procedures

to implement coordinated planning and development for mutually beneficial uses,

including educational uses, in the coastal zone.

(f) Anticipate, assess, plan for, and, to the extent feasible, avoid, minimize, and

mitigate the adverse environmental and economic effects of sea level rise within the

coastal zone.

(Amended by Ch. 1090, Stats. 1979; Ch. 1617, Stats. 1982; Ch. 236, Stats. 2021.)

Section 30002 Legislative findings and declarations; implementation of plan

The Legislature further finds and declares that:

(a) The California Coastal Zone Conservation Commission, pursuant to the

California Coastal Zone Conservation Act of 1972 (commencing with Section 27000),

has made a detailed study of the coastal zone; that there has been extensive

participation by other governmental agencies, private interests, and the general public in

the study; and that, based on the study, the commission has prepared a plan for the

orderly, long-range conservation, use, and management of the natural, scenic, cultural,

recreational, and manmade resources of the coastal zone.

(b) Such plan contains a series of recommendations which require

implementation by the Legislature and that some of those recommendations are

appropriate for immediate implementation as provided for in this division while others

require additional review.

Section 30003 Compliance by public agencies

All public agencies and all federal agencies, to the extent possible under federal law or

regulations or the United States Constitution, shall comply with the provisions of this

division.

Section 30004 Legislative findings and declarations; necessity of continued

planning and management

The Legislature further finds and declares that:

(a) To achieve maximum responsiveness to local conditions, accountability, and

public accessibility, it is necessary to rely heavily on local government and local land

use planning procedures and enforcement.

(b) To ensure conformity with the provisions of this division, and to provide

maximum state involvement in federal activities allowable under federal law or

regulations or the United States Constitution which affect California's coastal resources,

to protect regional, state, and national interests in assuring the maintenance of the long-

term productivity and economic vitality of coastal resources necessary for the well-being

of the people of the state, and to avoid long-term costs to the public and a diminished

quality of life resulting from the misuse of coastal resources, to coordinate and integrate

the activities of the many agencies whose activities impact the coastal zone, and to

supplement their activities in matters not properly within the jurisdiction of any existing

agency, it is necessary to provide for continued state coastal planning and management

through a state coastal commission.

Section 30005 Local governmental powers; nuisances; attorney general’s

powers

No provision of this division is a limitation on any of the following:

(a) Except as otherwise limited by state law, on the power of a city or county or

city and county to adopt and enforce additional regulations, not in conflict with this act,

imposing further conditions, restrictions, or limitations with respect to any land or water

use or other activity which might adversely affect the resources of the coastal zone.

(b) On the power of any city or county or city and county to declare, prohibit, and

abate nuisances.

people of the state to enjoin any waste or pollution of the resources of the coastal zone

or any nuisance.

(d) On the right of any person to maintain an appropriate action for relief against

a private nuisance or for any other private relief.

Section 30005.5 Local governmental powers; construction

Nothing in this division shall be construed to authorize any local government, or to

authorize the commission to require any local government, to exercise any power it

does not already have under the Constitution and laws of this state or that is not

specifically delegated pursuant to Section 30519.

(Added by Ch. 744, Stats. 1979.)

Section 30006 Legislative findings and declarations; public participation

The Legislature further finds and declares that the public has a right to fully participate

in decisions affecting coastal planning, conservation and development; that

achievement of sound coastal conservation and development is dependent upon public

understanding and support; and that the continuing planning and implementation of

programs for coastal conservation and development should include the widest

opportunity for public participation.

Section 30006.5 Legislative findings and declarations; technical advice and

recommendations

The Legislature further finds and declares that sound and timely scientific

recommendations are necessary for many coastal planning, conservation, and

development decisions and that the commission should, in addition to developing its

own expertise in significant applicable fields of science, interact with members of the

scientific and academic communities in the social, physical, and natural sciences so that

the commission may receive technical advice and recommendations with regard to its

decisionmaking, especially with regard to issues such as coastal erosion and geology,

agriculture, marine biodiversity, wetland restoration, sea level rise, offshore wind

development, desalination plants, and the cumulative impact of coastal zone

developments.

(Added by Ch. 965, Stats. 1992. Amended by Ch. 168, Stats. 2019; Ch. 292, Stats.

2023.)

Section 30007 Housing; local government

Nothing in this division shall exempt local governments from meeting the requirements

of state and federal law with respect to providing low- and moderate-income housing,

replacement housing, relocation benefits, or any other obligation related to housing

imposed by existing law or any law hereafter enacted.

Section 30007.5 Legislative findings and declarations; resolution of policy

conflicts

The Legislature further finds and recognizes that conflicts may occur between one or

more policies of the division. The Legislature therefore declares that in carrying out the

provisions of this division such conflicts be resolved in a manner which on balance is

the most protective of significant coastal resources. In this context, the Legislature

declares that broader policies which, for example, serve to concentrate development in

close proximity to urban and employment centers may be more protective, overall, than

specific wildlife habitat and other similar resource policies.

Section 30008 Division as coastal zone management program

This division shall constitute California's coastal zone management program within the

coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16

U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or

amended that relates to the planning or management of coastal zone resources;

provided, however, that within federal lands excluded from the coastal zone pursuant to

the Federal Coastal Zone Management Act of 1972, the State of California shall,

consistent with applicable federal and state laws, continue to exercise the full range of

powers, rights, and privileges it now possesses or which may be granted.

(Amended by Ch. 1075, Stats. 1978.)

Section 30009 Construction

This division shall be liberally construed to accomplish its purposes and objectives.

Section 30010 Compensation for taking of private property; legislative

declaration

The Legislature hereby finds and declares that this division is not intended, and shall

not be construed as authorizing the commission, port governing body, or local

government acting pursuant to this division to exercise their power to grant or deny a

permit in a manner which will take or damage private property for public use, without the

payment of just compensation therefor. This section is not intended to increase or

decrease the rights of any owner of property under the Constitution of the State of

California or the United States.

(Amended by Ch. 285, Stats. 1991.)

Section 30011 Requirements of Government Code Section 65590; review of

local government’s application; evidence of compliance;

information concerning status of action to apply

Nothing in this division shall authorize the commission to review a local government's

application of the requirements of Section 65590 of the Government Code to any

development. In addition, the commission shall not require any applicant for a coastal

development permit or any local government to provide certification or other evidence of

compliance with the requirements of Section 65590 of the Government Code. The

commission may, however, solely in connection with coastal development permit

applications described in subdivision (c) of Section 30600.1, require information about

the status of a local government's action to apply the requirements of Section 65590 of

the Government Code. This information shall be used for the purpose of determining

time limits for commission action on these applications as provided in that subdivision

(c).

(Added by Ch. 43, Stats. 1982.)

Section 30012 Legislative findings and declarations; public education

program

(a) The Legislature finds that an educated and informed citizenry is essential to

the well-being of a participatory democracy and is necessary to protect California's finite

natural resources, including the quality of its environment. The Legislature further finds

that through education, individuals can be made aware of and encouraged to accept

their share of the responsibility for protecting and improving the natural environment.

(b) (1) The commission shall, to the extent that its resources permit, carry out a

public education program that includes outreach efforts to schools, youth organizations,

and the general public for the purpose of promoting understanding of, fostering a sense

of individual responsibility for, and encouraging public initiatives and participation in

programs for, the conservation and wise use of coastal and ocean resources. Emphasis

shall be given to volunteer efforts such as the Adopt-A-Beach program.

(2) In carrying out this program, the commission shall coordinate with other

agencies to avoid duplication and to maximize information sharing.

private source and may apply for and expend any grant or endowment funds for the

purposes of this section without the need to specifically include funds in its budget. Any

funding made available to the commission for these purposes shall be reported to the

fiscal committee of each house of the Legislature at the time its budget is being formally

reviewed.

(d) The commission is encouraged to seek and utilize interns for the purpose of

assisting its regular staff in carrying out the purposes of this section and this division

and, notwithstanding any other provision of law, may participate in any internship

program the executive director determines to be appropriate. With respect to any

internship program the commission uses, it shall make the best efforts to ensure that

the participants in the program reflect the ethnic diversity of the state and are provided

an educational and meaningful experience.

(e) The commission shall submit to each house of the Legislature an annual

report describing the progress it is making in carrying out this section.

(Added by Ch. 802, Stats. 1991.)

Section 30013 Environmental justice

The Legislature further finds and declares that in order to advance the principles of

environmental justice and equality, subdivision (a) of Section 11135 of the Government

Code and subdivision (e) of Section 65040.12 of the Government Code apply to the

commission and all public agencies implementing the provisions of this division. As

required by Section 11135 of the Government Code, no person in the State of

California, on the basis of race, national origin, ethnic group identification, religion, age,

sex, sexual orientation, color, genetic information, or disability, shall be unlawfully

denied full and equal access to the benefits of, or be unlawfully subjected to

discrimination, under any program or activity that is conducted, operated, or

administered pursuant to this division, is funded directly by the state for purposes of this

division, or receives any financial assistance from the state pursuant to this division.

(Added by Ch. 578, Stats. 2016.)

CHAPTER 2

DEFINITIONS

Section

30100 Interpretation governed by definitions

30100.2 Aquaculture; aquaculture products

30100.5 Coastal county

30101 Coastal-dependent development or use

30101.3 Coastal-related development

30101.5 Coastal development permit

30102 Coastal plan

30103 Coastal zone; map; purpose

30103.5 Coastal zones in Los Angeles County and area of San Juan Capistrano;

inland boundaries

30105 Commission; regional commission

30105.5 Cumulatively; cumulative effect

30106 Development

30107 Energy facility

30107.3 Environmental justice

30107.5 Environmentally sensitive area

30108 Feasible

30108.1 Federal coastal act

30108.2 Fill

30108.4 Implementing actions

30108.5 Land use plan

30108.55 Local coastal element

30108.6 Local coastal program

30109 Local government

30109.5 (repealed)

30110 Permit

30111 Person

30112 Port governing body

30113 Prime agricultural land

30114 Public works

30115 Sea

30116 Sensitive coastal resource areas

30118 Special district

30118.5 Special treatment area

30119 State university

30120 Treatment works

30121 Wetland

30122 Zoning ordinance

Section 30100 Interpretation governed by definitions

Unless the context otherwise requires, the definitions in this chapter govern the

interpretation of this division.

Section 30100.2 Aquaculture; aquaculture products

"Aquaculture" means a form of agriculture as defined in Section 17 of the Fish and

Game Code. Aquaculture products are agricultural products, and aquaculture facilities

and land uses shall be treated as agricultural facilities and land uses in all planning and

permit-issuing decisions governed by this division.

(Added by Ch. 1486, Stats. 1982. Amended by Ch. 131, Stats. 1983.)

Section 30100.5 Coastal county

"Coastal county" means a county or city and county which lies, in whole or in part, within

the coastal zone.

Section 30101 Coastal-dependent development or use

"Coastal-dependent development or use" means any development or use which

requires a site on, or adjacent to, the sea to be able to function at all.

Section 30101.3 Coastal-related development

"Coastal-related development" means any use that is dependent on a coastal-

dependent development or use.

(Added by Ch. 1090, Stats. 1979.)

Section 30101.5 Coastal development permit

"Coastal development permit" means a permit for any development within the coastal

zone that is required pursuant to subdivision (a) of Section 30600.

Section 30102 Coastal plan

"Coastal plan" means the California Coastal Zone Conservation Plan prepared and

adopted by the California Coastal Zone Conservation Commission and submitted to the

Governor and the Legislature on December 1, 1975, pursuant to the California Coastal

Zone Conservation Act of 1972 (commencing with Section 27000).

Section 30103 Coastal zone; map; purpose

(a) "Coastal zone" means that land and water area of the State of California from

the Oregon border to the border of the Republic of Mexico, specified on the maps

identified and set forth in Section 17 of Chapter 1330 of the Statutes of 1976, extending

seaward to the state's outer limit of jurisdiction, including all offshore islands, and

extending inland generally 1,000 yards from the mean high tide line of the sea. In

significant coastal estuarine, habitat, and recreational areas it extends inland to the first

major ridgeline paralleling the sea or five miles from the mean high tide line of the sea,

whichever is less, and in developed urban areas the zone generally extends inland less

than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San

Francisco Bay Conservation and Development Commission, established pursuant to

Title 7.2 (commencing with Section 66600) of the Government Code, nor any area

contiguous thereto, including any river, stream, tributary, creek, or flood control or

drainage channel flowing into such area.

(b) The commission shall, within 60 days after its first meeting, prepare and

adopt a detailed map, on a scale of one inch equals 24,000 inches for the coastal zone

and shall file a copy of such map with the county clerk of each coastal county. The

purpose of this provision is to provide greater detail than is provided by the maps

identified in Section 17 of Chapter 1330 of the Statutes of 1976. The commission may

adjust the inland boundary of the coastal zone the minimum landward distance

necessary up to a maximum of 100 yards except as otherwise provided in this

subdivision, or the minimum distance seaward necessary up to a maximum of 200

yards, to avoid bisecting any single lot or parcel or to conform it to readily identifiable

natural or manmade features. Where a landward adjustment is requested by the local

government and agreed to by the property owner, the maximum distance shall be 200

yards.

(Amended by Ch. 213, Stats. 1978; Ch. 670, Stats. 1991; Ch. 303, Stats. 2015.)

Section 30103.5 Coastal zones in Los Angeles County and area of San Juan

Capistrano; inland boundaries

(a) Notwithstanding map number 138 adopted pursuant to Section 17 of Chapter

1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the

Statutes of 1976, the inland boundary of the coastal zone in Los Angeles County in the

vicinity of Los Angeles International Airport shall be the Pershing Drive built after

January 1, 1970, rather than the Pershing Drive built prior to that date.

(b) Notwithstanding map number 149 adopted pursuant to Section 17 of Chapter

1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the

Statutes of 1976, the inland boundary of the coastal zone in the area of the City of San

Juan Capistrano in Orange County shall exclude all portions of the City of San Juan

Capistrano and shall follow Camino Capistrano and Via Serra and generally an

extension of Via Serra to the point where it joins the existing coastal zone boundary.

(Added by Ch. 213, Stats. 1978.)

Section 30105 Commission; regional commission

(a) "Commission" means the California Coastal Commission. Whenever the term

California Coastal Zone Conservation Commission appears in any law, it means the

California Coastal Commission.

(b) "Regional commission" means any regional coastal commission. Whenever

the term regional coastal zone conservation commission appears in any law, it means

the regional coastal commission.

Section 30105.5 Cumulatively; cumulative effect

"Cumulatively" or "cumulative effect" means the incremental effects of an individual

project shall be reviewed in connection with the effects of past projects, the effects of

other current projects, and the effects of probable future projects.

(Added by Ch. 1087, Stats. 1980.)

Section 30106 Development

"Development" means, on land, in or under water, the placement or erection of any solid

material or structure; discharge or disposal of any dredged material or of any gaseous,

liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any

materials; change in the density or intensity of use of land, including, but not limited to,

subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of

the Government Code), and any other division of land, including lot splits, except where

the land division is brought about in connection with the purchase of such land by a

public agency for public recreational use; change in the intensity of use of water, or of

access thereto; construction, reconstruction, demolition, or alteration of the size of any

structure, including any facility of any private, public, or municipal utility; and the

removal or harvesting of major vegetation other than for agricultural purposes, kelp

harvesting, and timber operations which are in accordance with a timber harvesting plan

submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973

(commencing with Section 4511).

As used in this section, "structure" includes, but is not limited to, any building, road,

pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission

and distribution line.

Section 30107 Energy facility

"Energy facility" means any public or private processing, producing, generating, storing,

transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other

source of energy.

Section 30107.3 Environmental justice

(a) “Environmental justice” means the fair treatment and meaningful involvement

of people of all races, cultures, -incomes, and national origins, with respect to the

development, adoption, implementation, and enforcement of environmental laws,

regulations, and policies.

(b) “Environmental justice” includes, but is not limited to, all of the following:

(1) The availability of a healthy environment for all people.

(2) The deterrence, reduction, and elimination of pollution burdens for

populations and communities experiencing the adverse effects of that pollution, so that

the effects of the pollution are not disproportionately borne by those populations and

communities.

(3) Governmental entities engaging and providing technical assistance to

populations and communities most impacted by pollution to promote their meaningful

participation in all phases of the environmental and land use decision making process.

(4) At a minimum, the meaningful consideration of recommendations from

populations and communities most impacted by pollution into environmental and land

use decisions.

(Added by Ch. 578, Stats. 2016. Amended by Ch. 360, Stats. 2019.)

Section 30107.5 Environmentally sensitive area

"Environmentally sensitive area" means any area in which plant or animal life or their

habitats are either rare or especially valuable because of their special nature or role in

an ecosystem and which could be easily disturbed or degraded by human activities and

developments.

Section 30108 Feasible

"Feasible" means capable of being accomplished in a successful manner within a

reasonable period of time, taking into account economic, environmental, social, and

technological factors.

Section 30108.1 Federal coastal act

"Federal coastal act" means the Federal Coastal Zone Management Act of 1972 (16

U.S.C. 1451, et seq.), as amended.

(Added by Ch. 1173, Stats. 1981.)

Section 30108.2 Fill

"Fill" means earth or any other substance or material, including pilings placed for the

purposes of erecting structures thereon, placed in a submerged area.

Section 30108.4 Implementing actions

"Implementing actions" means the ordinances, regulations, or programs which

implement either the provisions of the certified local coastal program or the policies of

this division and which are submitted pursuant to Section 30502.

Section 30108.5 Land use plan

"Land use plan" means the relevant portion of a local government's general plan, or

local coastal element which are sufficiently detailed to indicate the kinds, location, and

intensity of land uses, the applicable resource protection and development policies and,

where necessary, a listing of implementing actions.

Section 30108.55 Local coastal element

"Local coastal element" is that portion of a general plan applicable to the coastal zone

which may be prepared by local government pursuant to this division, or any additional

elements of the local government's general plan prepared pursuant to Section 65303 of

the Government Code, as the local government deems appropriate.

(Amended by Ch. 1009, Stats. 1984.)

Section 30108.6 Local coastal program

"Local coastal program" means a local government's (a) land use plans,(b) zoning

ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas,

other implementing actions, which, when taken together, meet the requirements of, and

implement the provisions and policies of, this division at the local level.

(Amended by Ch. 919, Stats. 1979.)

Section 30109 Local government

"Local government" means any chartered or general law city, chartered or general law

county, or any city and county.

Section 30109.5 (Repealed by Ch. 1331, Stats. 1976.)

Section 30110 Permit

"Permit" means any license, certificate, approval, or other entitlement for use granted or

denied by any public agency which is subject to the provisions of this division.

Section 30111 Person

"Person" means any individual, organization, partnership, limited liability company, or

other business association or corporation, including any utility, and any federal, state,

local government, or special district or an agency thereof.

(Amended by Ch. 1010, Stats. 1994.)

Section 30112 Port governing body

"Port governing body" means the Board of Harbor Commissioners or Board of Port

Commissioners which has authority over the Ports of Hueneme, Long Beach, Los

Angeles, and San Diego Unified Port District.

Section 30113 Prime agricultural land

"Prime agricultural land" means those lands defined in paragraph (1), (2), (3), or (4) of

subdivision (c) of Section 51201 of the Government Code.

(Amended by Ch. 43, Stats. 1982.)

Section 30114 Public works

"Public works" means the following:

(a) All production, storage, transmission, and recovery facilities for water,

sewerage, telephone, and other similar utilities owned or operated by any public agency

or by any utility subject to the jurisdiction of the Public Utilities Commission, except for

energy facilities.

(b) All public transportation facilities, including streets, roads, highways, public

parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities

and stations, bridges, trolley wires, and other related facilities. For purposes of this

division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego

Unified Port District nor any of the developments within these ports shall be considered

public works.

Conservancy, and any development by a special district.

(d) All community college facilities.

(Amended by Ch. 1075, Stats. 1978; Ch. 1553, Stats. 1982; Ch. 392, Stats. 1985.)

Section 30115 Sea

"Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt

marshes, sloughs, and other areas subject to tidal action through any connection with

the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood

control and drainage channels. "Sea" does not include the area of jurisdiction of the San

Francisco Bay Conservation and Development Commission, established pursuant to

Title 7.2 (commencing with Section 66600) of the Government Code, including any

river, stream, tributary, creek, or flood control or drainage channel flowing directly or

indirectly into such area.

Section 30116 Sensitive coastal resource areas

"Sensitive coastal resource areas" means those identifiable and geographically

bounded land and water areas within the coastal zone of vital interest and sensitivity.

"Sensitive coastal resource areas" include the following:

(a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as

mapped and designated in Part 4 of the coastal plan.

(b) Areas possessing significant recreational value.

(d) Archaeological sites referenced in the California Coastline and Recreation

Plan or as designated by the State Historic Preservation Officer.

(e) Special communities or neighborhoods which are significant visitor

destination areas.

(f) Areas that provide existing coastal housing or recreational opportunities for

low- and moderate-income persons.

(g) Areas where divisions of land could substantially impair or restrict coastal

access.

Section 30118 Special district

"Special district" means any public agency, other than a local government as defined in

this chapter, formed pursuant to general law or special act for the local performance of

governmental or proprietary functions within limited boundaries. "Special district"

includes, but is not limited to, a county service area, a maintenance district or area, an

improvement district or improvement zone, or any other zone or area, formed for the

purpose of designating an area within which a property tax rate will be levied to pay for

service or improvement benefiting that area.

Section 30118.5 Special treatment area

"Special treatment area" means an identifiable and geographically bounded forested

area within the coastal zone that constitutes a significant habitat area, area of special

scenic significance, and any land where logging activities could adversely affect public

recreation area or the biological productivity of any wetland, estuary, or stream

especially valuable because of its role in a coastal ecosystem.

(Amended by Ch. 538, Stats. 2006.)

Section 30119 State university

"State university" means the University of California and the California State University.

(Amended by Ch. 143, Stats. 1983.)

Section 30120 Treatment works

"Treatment works" shall have the same meaning as set forth in the Federal Water

Pollution Control Act (33 U.S.C. 1251, et seq.) and any other federal act which amends

or supplements the Federal Water Pollution Control Act.

Section 30121 Wetland

"Wetland" means lands within the coastal zone which may be covered periodically or

permanently with shallow water and include saltwater marshes, freshwater marshes,

open or closed brackish water marshes, swamps, mudflats, and fens.

Section 30122 Zoning ordinance

"Zoning ordinance" means an ordinance authorized by Section 65850 of the

Government Code or, in the case of a charter city, a similar ordinance enacted pursuant

to the authority of its charter.

(Added by Ch. 919, Stats. 1979.)

CHAPTER 2.5

REVISIONS TO THE COASTAL

ZONE BOUNDARY

Section

30150 Amendment of inland boundary

30152 Del Norte County

30154 Humboldt County

30156 San Mateo County

30156.1 San Mateo County; City of Pacifica

30158 Santa Cruz County

30160 Monterey County

30162 Santa Barbara County

30164 Ventura County

30166 Los Angeles County

30166.5 City of Malibu; submission and adoption of local coastal program

30168 Orange County

30169 Aliso Viejo area of Orange County

30170 San Diego County

30170.6 San Diego County; Peñasquitos Canyon

30170.7 (repealed)

30171 City of Carlsbad; submission and adoption or failure to adopt

local coastal program; amendment of program

30171.2 City of Carlsbad; local coastal program; agricultural conversion fees;

priorities; reimbursements; claims; appropriations

30171.5 City of Carlsbad; local coastal program; mitigation fees for development

on nonprime agricultural lands; priorities

30172 Exclusion from coastal zone in San Diego County

30174 Coastal zone in San Diego County; amendment of inland boundary

30176 (repealed)

Section 30150 Amendment of inland boundary

Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the

Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976,

the inland boundary of the coastal zone, as shown on the detailed coastal maps

adopted by the commission on March 1, 1977, is amended by maps 1 to 35, inclusive,

dated September 12, 1979, and which are on file in the office of the commission. Maps

1 to 35, inclusive, are hereby adopted by reference.

The areas deleted and added to the coastal zone are specifically shown on maps 1 to

35, inclusive, adopted by this section, and are generally described in this chapter.

(Added by Ch. 1109, Stats. 1979. Amended by Ch. 829, Stats. 1998.)

Section 30152 Del Norte County

In Del Norte County:

(a) Near the community of Smith River, approximately 225 acres are excluded as

specifically shown on map 1.

(b) The Fort Dick, Kings Valley, and Meadowbrook Acres are excluded as

specifically shown on maps 2 and 3.

Lake Earl Drive and State Highway Route 101 and other partially urbanized areas such

as the Bertsch Subdivision, are excluded as specifically shown on maps 2 and 3.

(d) In the City of Crescent City, approximately two acres are excluded as

specifically shown on map 2A, dated May 5, 1982, and filed on May 20, 1982, with the

Office of the Secretary of State.

(Added by Ch. 1109, Stats. 1979. Amended by Ch. 1470, Stats. 1982.)

Section 30154 Humboldt County

In Humboldt County:

(a) In and near the City of Fortuna, approximately 265 acres seaward of State

Highway Route 101 are excluded as specifically shown on map 4.

(b) All of the incorporated land of the City of Ferndale as of January 1, 1979, is

excluded as specifically shown on map 4A. The city shall consider work completed

pursuant to its local coastal program in the course of preparing or revising its general

plan. Notwithstanding any provision of Division 21 (commencing with Section 31000) to

the contrary, the State Coastal Conservancy may undertake projects within the city

without approval of the commission.

(Added by Ch. 1109, Stats. 1979.)

Section 30156 San Mateo County

In San Mateo County, within the Butano Creek watershed, the boundary is moved

seaward to the five-mile limit described in Section 30103 and as specifically shown on

map 5.

(Added by Ch. 1109, Stats. 1979.)

Section 30156.1 San Mateo County; City of Pacifica

In San Mateo County, in the City of Pacifica, approximately 11 acres situated east of

State Highway Route 1 and described in Director's Deed DD-028764-01-01 from the

Director of Transportation, is included, as specifically shown on map 5.

(Added by Ch. 1381, Stats. 1988.)

Section 30158 Santa Cruz County

In Santa Cruz County:

(a) Near the community of Bonny Doon, the boundary is moved seaward to the

five-mile limit described in Section 30103 and as specifically shown on maps 6 and 7.

(b) In the Watsonville area approximately 40 acres in the southwest portion of the

city are excluded as specifically shown on map 8.

(Added by Ch. 1109, Stats. 1979.)

Section 30160 Monterey County

In Monterey County:

(a) In the City of Marina, approximately 400 acres between Del Monte Boulevard

and the new alignment of State Highway Route 1 are excluded as specifically shown on

map 9.

(b) In the City of Sand City approximately 125 acres landward of a 200-foot buffer

along the new alignment of State Highway Route 1 are excluded as specifically shown

on map 10; provided, however, a buffer of 100 feet along either side of the railroad right-

of-way through the city together with such right-of-way are not excluded.

are excluded as specifically shown on map 10; provided, however, a 125-foot buffer

along the edge of Laguna Grande, a 100-foot buffer along each side of the channel

connecting Roberts Lake and Laguna Grande, and a 100-foot buffer along either side of

the railroad right-of-way together with such right-of-way are not excluded.

(d) In the City of Monterey, the downtown area, and the Cannery Row area

between Lighthouse Avenue and the extreme edge of the railroad right-of-way, are

excluded as specifically shown on map 11; provided, however, that the one block area

bounded by Foam Street and Wave Street and Prescott Avenue and Hoffman Avenue,

is not excluded.

Notwithstanding any map referenced by Section 30150, dated September 12,

1979, and filed on September 14, 1979, with the office of the Secretary of State, the

inland coastal zone boundary described in this subdivision shall be as prescribed by the

amendments to this section made during the second year of the 1979-80 Regular

Session of the Legislature.

(e) In the City of Pacific Grove approximately 300 acres are excluded as

specifically shown on map 11; provided, however, that the railroad right-of-way is not

excluded.

(f) In the Del Monte Forest, approximately 90 acres known as the Navaho Tract

are added as specifically shown on map 11.

(g) In the area between the intersection of the boundary and the easterly line of

Section 26, T. 17 S., R.1.E., M.D.M. and the intersection of the boundary and the

northeasterly corner of Section 1, T. 19 S., R. 1 E., M.D.M., and in the vicinity of the

head of the Middle Fork of Devil's Canyon and the head of the South Fork of Devil's

Canyon the boundary is moved seaward to the five-mile limit described in Section

30103 and as specifically shown on maps 12, 13, and 14.

(Amended by Ch. 170, Sec. 1. Stats. 1980. Effective June 12, 1980.)

Section 30162 Santa Barbara County

In Santa Barbara County:

(a) In Rancho San Julian and generally within the watershed of Jalama Creek,

the boundary is moved seaward to the five-mile limit described in Section 30103 and as

specifically shown on map 16.

(b) In the Devereux Lagoon and Goleta Slough areas, approximately 170 acres

are excluded and 245 acres are added as specifically shown on maps 17 and 18;

provided, however, that the land areas on which the University of California has

proposed a 200 unit housing project are not included.

(Added by Ch. 1109, Stats. 1979.)

Section 30164 Ventura County

In Ventura County:

(a) Near the mouth of the Ventura River, approximately 190 acres are added as

specifically shown on map 19.

(b) In the City of San Buenaventura, approximately 240 acres are excluded as

specifically shown on map 19.

acres are excluded and approximately 85 acres are added as specifically shown on

map 20.

(d) In the area describes as Section 36, T. 1 N., R. 20 W., S.B.B.L., the boundary

is moved seaward to the five-mile limit described in Section 30103 and as specifically

shown on map 21.

(Added by Ch. 1109, Stats. 1979.)

Section 30166 Los Angeles County

In Los Angeles County.

(a) In three locations within the Santa Monica Mountains, the boundary is moved

seaward to the five-mile limit described in Section 30103 and as specifically shown on

maps 22, 23, and 24.

(b) In the Temescal Canyon watershed in the City of Los Angeles, all lands

owned or controlled by the Presbyterian Synod, the University of California, the Los

Angeles County Sanitation District, and the Los Angeles Unified School District are

added.

that include the Scattergood Steam Plant, the Hyperion Sewage Treatment Plant, and

portions of an oil refinery are excluded as specifically shown on map 25. In adopting this

boundary change, the Legislature specifically reaffirms the existing location of the

coastal zone boundary in the Venice area of the City of Los Angeles.

(d) In the City of Manhattan Beach, approximately 140 acres, and in the City of

Hermosa Beach, approximately 170 acres, are excluded as specifically shown on maps

25 and 26.

(e) In the City of Palos Verdes Estates, approximately 95 acres landward of

Paseo del Mar are excluded as specifically shown on map 26.

(f) In the City of Long Beach, the area near Colorado Lagoon is excluded as

specifically shown on map 27.

(g) In the City of Long Beach, the area commencing at the intersection of the

existing coastal zone boundary at Colorado Street and Pacific Coast Highway, thence

southerly along Pacific Coast Highway to the intersection of Loynes Drive, thence

easterly along Loynes Drive to the intersection of Los Cerritos Channel, thence

northerly along Los Cerritos Channel to the existing coastal zone boundary, is excluded

as specifically shown on map 27A.

(Added by Ch. 1109, Stats. 1979. Amended by Ch. 538, Stats. 2006.)

Section 30166.5 City of Malibu; submission and adoption of local coastal

program

(a) On or before January 15, 2002, the commission shall submit to the City of

Malibu an initial draft of the land use portion of the local coastal program for the City of

Malibu portion of the coastal zone, which is specifically delineated on maps 133, 134,

135,and 136, which were placed on file with the Secretary of State on September 14,

1979.

(b) On or before September 15, 2002, the commission shall, after public hearing

and consultation with the City of Malibu, adopt a local coastal program for that area

within the City of Malibu portion of the coastal zone that is specifically delineated on

maps 133, 134, 135, and 136, which have been placed on file with the Secretary of

State on March 14, 1977, and March 1, 1987. The local coastal program for the area

shall, after adoption by the commission, be deemed certified, and shall, for all purposes

of this division, constitute the certified local coastal program for the area. Subsequent to

the certification of the local coastal program, the City of Malibu shall immediately

assume coastal development permitting authority, pursuant to this division.

Notwithstanding the requirements of Chapter 4.5 (commencing with Section 65920) of

Division 1 of Title 7 of the Government Code, once the City of Malibu assumes coastal

development permitting authority pursuant to this section, no application for a coastal

development permit shall be deemed approved if the city fails to take timely action to

approve or deny the application.

(Added by Ch. 952, Stats. 2000.)

Section 30168 Orange County

In Orange County:

(a) In the City of Huntington Beach, approximately 9.5 acres are added as

specifically shown on map 28.

(b) In the City of Costa Mesa, approximately 15 acres are excluded as

specifically shown on map 28.

Coast Highway are added as specifically shown on map 28; provided, however, that the

area described in this subdivision shall be excluded from the coastal zone, if the

Department of Transportation, within one year from the effective date of this act, enters

into an agreement for use of this area for hospital-related purposes.

(d) In the Niguel Hill area, the developed portions of Pacific Island Village are

excluded as specifically shown on map 29.

(e) In the communities of Dana Point and Laguna Niguel, approximately 450

acres inland of the Pacific Coast Highway are excluded as specifically shown on map

29A.

(f) In the community of Capistrano Beach, approximately 381 acres seaward of

the San Diego Freeway are excluded as specifically shown on map 29A.

(g) In the City of San Clemente, approximately 230 acres inland seaward of the

San Diego Freeway are added as specifically shown on may 29B, dated September 1,

1981, and filed on September 1, 1981, with the Office of the Secretary of State.

(h) In the City of San Clemente, approximately 214 acres inland and seaward of

the San Diego Freeway are excluded as specifically shown on maps 29A and 30.

(Added by Ch. 1109, Stats. 1979. Amended by Ch. 43, Stats. 1982.)

Section 30169 Aliso Viejo area of Orange County

(a) The Legislature hereby finds and declares that a dispute exists as to the

proper location of the inland boundary of the coastal zone in the area commonly known

as Aliso Viejo and that, after extensive review of the history of this boundary segment,

the criteria utilized to establish the boundary in 1976, and the relevant topographical

information, it is possible to reach differing conclusions of equal validity regarding the

proper location of the coastal zone boundary. The Legislature further finds that it is not

possible to determine objectively which ridgeline feature in the Aliso Viejo area most

closely approximates the boundary criteria utilized by the Legislature in 1976, and that it

is in the best public interest to resolve the current boundary dispute in order to avoid

further delay in the completion of the local coastal program for Orange County. The

Legislature further finds that a timely solution of this boundary dispute can best be

accomplished by adjusting the coastal zone boundary in the manner set forth in this

section and within the general framework of Section 30103 and consistent with the need

to protect the coastal resources of the Aliso Viejo area and to carry out the requirements

of Section 30213.

(b) In the Aliso Creek area of Orange County approximately 286 acres are added

and approximately 1,020 acres are excluded as specifically shown on maps 28A and

28B dated April 15, 1980, and filed on April 22, 1980, with the office of the Secretary of

State and which are on file in the office of the commission. The maps are hereby

adopted by reference. The changes made in the inland boundary of the coastal zone by

this section are in addition to any changes made by any map referred to in Section

30150, except to the extent that the changes made by this section affect a segment of

the boundary previously changed by the map, in which case the changes made by this

section shall supersede any of those previous changes.

the inland boundary of the coastal zone not more than 100 yards in either a seaward or

landward direction in order to conform the precise boundary location to the specific

limits of development adjacent to the coastal zone boundary as shown on maps 28A

and 28B. However, in any subdivided area, the executive director may adjust the

precise location of the inland boundary of the coastal zone not more than 100 feet in a

landward direction in order to include any development of the first row of lots

immediately adjacent to the boundary as shown on those maps, where the executive

director determines that the adjustment is necessary to ensure that adequate controls

will be applied to the development in order to minimize any potential adverse effects on

the coastal zone resources. The executive director shall prepare a detailed map

showing any of the changes and shall file a copy of the map with the county clerk.

(d) Prior to the adoption and approval of a drainage control plan by the County of

Orange for the Aliso Viejo Planned Community (as designated by Amendment No. L.U.

79-1 to the Land Use Element of the Orange County General Plan), the county shall

consult with the executive director of the commission to ensure that any drainage

control facilities located outside the coastal zone are adequate to provide for no

increase in peak runoff, by virtue of the development of the Aliso Viejo Planned

Community, which would result in adverse impacts on coastal zone resources.

(e) On or before January 31, 1981, the commission shall, after public hearing and

in consultation with the County of Orange, certify or reject a local coastal program

segment prepared and submitted by the county on or before August 1, 1980, for the

following parcel in the Aliso Creek area: land owned by the Aliso Viejo Company, a

California corporation, as of April 22, 1980, within the coastal zone as amended by this

section. The local coastal program required by this subdivision shall, for all purposes of

this division, constitute a certified local coastal program segment for that parcel in the

County of Orange. The segment of the county's local coastal program for the parcel

may be amended pursuant to this division relating to the amendment of local coastal

programs. If the commission neither certifies nor rejects the submitted local coastal

program within the time limit specified in this subdivision, the land added to the coastal

zone by this section shall no longer be subject to this division. It is the intent of the

Legislature in enacting this subdivision, that a procedure to expedite the preparation

and adoption of a local coastal program for that land be established so that the public

and the affected property owner know as soon as possible what uses are permissible.

(f) The commission, through its executive director, shall enter into a binding and

enforceable agreement with Aliso Viejo Company, and the agreement shall be recorded

as a covenant to run with the land with no prior liens other than tax and assessment

liens restricting the Aliso Viejo Planned Community. The agreement shall provide for all

of the following:

(1) The Aliso Viejo Company shall provide at least 1,000 units of for-sale housing

to moderate-income persons at prices affordable to a range of households earning from

81 to 120 percent of the median income for Orange County as adjusted for family size

pursuant to the commission's housing guidelines on affordable housing dated January

22, 1980, and July 16, 1979, and such any additional provisions as agreed to between

the commission and the Aliso Viejo Company as referred to in this subdivision.

For purposes of this subdivision, median income constitutes the figure most

recently established by the Department of Housing and Urban Development at the time

the public report for the units, or any portion thereof, is issued by the Bureau of Real

Estate. The affordable units required by this subdivision shall be priced equally over the

moderate-income range and shall reflect a reasonable mix as to size and number of

bedrooms.

(2) The 1,000 units provided pursuant to this subdivision shall be sold subject to

controls on resale substantially as provided in the commission's housing guidelines on

affordable housing, dated January 22, 1980, and July 16, 1979, and any additional

provisions as agreed to between the commission and the Aliso Viejo Company as

referred to in this subdivision. On or before entering the agreement provided for herein,

the Aliso Viejo Company shall enter into an agreement, approved by the executive

director of the commission, with the Orange County Housing Authority or any other

appropriate housing agency acceptable to the executive director of the commission to

provide for the administration of the resale controls including the qualification of

purchasers.

(3) The 1,000 units provided pursuant to this subdivision may be dispersed

throughout the Aliso Viejo Planned Community, and shall be completed and offered for

sale prior to, or simultaneously with, other units in the overall project, so that at any time

at least 7 1/2 percent of the units constructed shall be resale-controlled until the l,000

units are completed.

(4) The Department of Housing and Community Development and the County of

Orange shall be third party beneficiaries to the agreement provided in this subdivision

and shall have the power to enforce any and all provision of the agreement.

(5) This agreement may only be amended upon the determination of the Aliso

Viejo Company or its successors or assigns, the commission, the Department of

Housing and Community Development, and the County of Orange that the change is

necessary in order to prevent adverse effects on the supply of low- and moderate-

income housing opportunities and to improve the methods of providing the housing at

continually affordable prices.

The Legislature hereby finds and declares that, because the Aliso Viejo

Company, in addition to the 1,000 units of controlled housing provided in this

subdivision, will provide for 2,000 units of subsidized affordable housing for low income

persons and 2,000 affordable housing units for moderate income persons pursuant to

the company's housing program, the purposes of Section 30213 will be met by

enactment of this subdivision. The Legislature further finds and declares that the

general provisions of this subdivision are specifically described and set forth in letters by

Aliso Viejo Company and the executive director of the commission published in the

Journals of the Senate and the Assembly of the 1979-80 Regular Session, and it is the

intent of the Legislature that the commission and Aliso Viejo Company conform the

agreement provided in this subdivision to the specific provisions described in the letters.

(g) Notwithstanding any other provision of law, the application of this division by

the commission to the development or use of any infrastructure necessary and

appropriate to serve development within the portions of the Aliso Viejo Planned

Community located inland of the coastal zone as amended by this section, shall be

strictly limited to addressing direct impacts on coastal zone resources and shall be

carried out in a manner that assures that the infrastructure will be provided.

Furthermore, the commission shall amend without conditions its prior permit No. A-61-

76 to provide for its release of sewer outfall flow limitations necessary and appropriate

to serve the Aliso Viejo Planned Community located inland of the coastal zone as

amended by this subdivision. For purposes of this subdivision, "infrastructure" means

those facilities and improvements necessary and appropriate to develop, construct, and

serve urban communities, including but not limited to, streets, roads, and highways;

transportation systems and facilities; schools; parks; water and sewage systems and

facilities; electric, gas, and communications system and facilities; and drainage and

flood control systems and facilities. Notwithstanding this subdivision, the commission

may limit, or reasonably condition, the use of the transit corridor in Aliso Creek Valley to

transit uses, uses approved by the commission that serve the Aliso Greenbelt Project

prepared by the State Coastal Conservancy, the provision of access to and from the

sewage treatment works in Aliso Creek Valley, emergency uses, and drainage and flood

control systems and facilities and other services approved pursuant to this subdivision.

(h) This section shall become operative only when the commission and Aliso

Viejo Company have entered into the binding and enforceable agreement provided for

in this section, and the agreement has been duly recorded with the county recorder of

Orange County.

(Formerly Section 30168, added by Ch. 170, Stats. 1980. Renumbered and amended

by Ch. 714, Stats. 1981. Amended by Ch. 352, Stats. 2013.)

Section 30170 San Diego County

In San Diego County:

(a) In the City of Oceanside, approximately 500 acres are excluded as

specifically shown on maps 30A and 31.

(b) In the City of Carlsbad, approximately 180 acres in the downtown area,

except for the Elm Street corridor, are excluded as specifically shown on map 31.

generally shown on maps 31 and 32 and as specifically described in this subdivision is

excluded.

Those portions of lots "F" and "G" of Rancho Agua Hedionda, part in the City of

Carlsbad and part in the unincorporated area of the County of San Diego, State of

California, according to the partition map thereof No. 823, filed in the office of the county

recorder of that county, November 16, 1896, described as follows:

Commencing at point 1 of said lot "F" as shown on said map; thence along the

boundary line of said lot "F" south 25 33'56" east, 229.00 feet to point 23 of said lot "F"

and south 54 40'19" east, 1347.00 feet; thence leaving said boundary line south

35 19'44" west, 41.28 feet to the true point of beginning, which point is the true point of

beginning, of the land described in deed to Japatul Corporation recorded December 8,

1975, at recorder's file/page No. 345107 of official records to said county; thence along

the boundary line of said land south 35 19'44" west, 2216.46 feet and north 53 02'49"

west, 1214.69 feet to the northeast corner of the land described in deed to Japatul

Corporation recorded December 8, 1975, at recorder's file/page no. 345103 of said

official records; thence along the boundary lines of said land as follows: West, 1550

feet, more or less, to the boundary of said lot "F"; south 00 12'00" west, 550 feet, more

or less, to point 5 of said lot "F"; south 10 25'00" east along a straight line between said

point 5 and point 14 of said lot "F," to point 14 of said lot "F"; thence along the boundary

of said lot "F" south 52 15'45" east (record south 51 00'00" east) 1860.74 feet more or

less to the most westerly corner of the land conveyed to James L. Hieatt, et ux, by deed

recorded June 11, 1913, in Book 617, page 54 of deed, records of said county; thence

along the northwesterly and northeasterly boundary of Hieatt's land as follows: North

25 00'00" east, 594.00 feet and south 52 15'45" east (record south 51 00'00" east per

deed) 1348.61 feet to a point of intersection with the northerly line of Palomar County

Airport, said point being on the boundary of the land conveyed to Japatul Corporation by

deed recorded December 8, 1975, at recorder's file/page No. 345107 of said official

records; thence along said boundary as follows: North 79 10'00" east, 4052.22 feet

north 10 50'00" west, 500.00 feet; north 79 10'00" east 262.00 feet, south 10 50'00"

east, 500.00 feet; north 79 10'00" east, 1005 feet, more or less, to the westerly line of

the land conveyed to the County of San Diego by deed recorded May 28, 1970, at

recorder's file/page No. 93075 of said official records; thence continuing along the

boundary of last said Japatul Corporation's land north 38 42'44" west, 2510.58 feet to

the beginning of a tangent 1845.00 foot radius curve concave northeasterly; along the

arc of said curve through a central angle of 14 25'52" a distance of 464.70 feet to a

point of the southerly boundary of the land allotted to Thalia Kelly Considine, et al, by

partial final judgment in partition, recorded January 1, 1963, at recorder's file/page No.

11643 of said official records; thence continuing along last said Japatul Corporation's

land south 67 50'28" west, 1392.80 feet north 33 08'52" west, 915.12 feet and north

00 30'53 west, 1290.37 feet to the southerly line of said land conveyed to the County of

San Diego, being also the northerly line of last said Japatul Corporation's land; thence

along said common line north 74 57'25" west, 427.67 feet to the beginning of a tangent

2045.00 foot radius curve concave northerly; and westerly along the arc of said curve

through a central angel of 16 59'24", a distance of 606.41 feet to the true point of

beginning.

And those properties known as assessors parcel Nos. 212-020-08, 212-020-22,

and 212-020-23.

Excepting therefrom that portion, if any, conveyed to the County of San Diego, by

quitclaim deed recorded January 12, 1977, at recorder's file/page No. 012820 of said

official records.

No development may occur in the area described in this subdivision until a plan

for drainage of the parcel to be developed has been approved by the local government

having jurisdiction over the area after consultation with the commission and the

Department of Fish and Wildlife. The plan shall assure that no detrimental increase

occurs in runoff of water from the parcel to be developed and shall require that the

facilities necessary to implement the plan are installed as part of the development.

(d) In the City of Carlsbad and adjacent unincorporated areas, approximately 600

acres consisting of the Palomar Airport and an adjoining industrial park are excluded as

specifically shown on maps 31 and 32.

(e) An area consisting of approximately 333 acres lying west and south of the

Palomar Airport and bounded on the south by Palomar Airport Road is excluded as

specifically shown on maps 31 and 32.

No development may occur in the area described in this subdivision until a plan for

drainage of the parcel to be developed has been approved by the local government

having jurisdiction over the area after consultation with the commission and the

Department of Fish and Wildlife. The plan shall assure that no detrimental increase

occurs in runoff of water from the parcel to be developed and shall require that the

facilities necessary to implement the plan are installed as part of the development.

(f) On or before October 1, 1980, the commission shall, after public hearing and

in consultation with the City of Carlsbad, prepare, approve, and adopt a local coastal

program for the following parcels in the vicinity of Batiquitos Lagoon within the City of

Carlsbad: lands owned by Rancho La Costa, a registered limited partnership, lands

(consisting of approximately 80 acres) owned by Standard Pacific of San Diego, Inc.,

that were conveyed by Rancho La Costa on October 8, 1977, and lands owned by the

Occidental Petroleum Company. Those parcels shall be determined by ownership as of

September 12, 1979. As used in this subdivision, "parcels" means the parcels identified

in this paragraph. The local coastal program required by this subdivision shall include all

of the following elements:

(1) Protection of agricultural lands and uses to the extent feasible.

(2) Minimization of adverse impacts from sedimentation.

(3) Protection of feasible public recreational opportunities.

(4) Provision for economically feasible development consistent with the three

elements specified in this subdivision.

The local coastal program required by this subdivision shall, after adoption by the

commission, be deemed certified and shall for all purposes of this division constitute

certified local coastal program segments for those parcels in the City of Carlsbad. The

segments of the city's local coastal program for those parcels may be amended

pursuant to the provisions of this division relating to the amendment of local coastal

programs. In addition, until (i) the City of Carlsbad adopts or enacts the implementing

actions contained in the local coastal program, or (ii) other statutory provisions provide

alternately for the adoption, certification, and implementation of a local coastal program

for those parcels, the local coastal program required by this subdivision may also be

amended by the commission at the request of the owner of any of those parcels. For

administrative purposes, the commission may group these requests in order to schedule

them for consideration at a single commission hearing. However, the commission shall

schedule these requests for consideration at least once during each four-month period,

beginning January 1, 1982. After either of these events occur, however, these property

owners shall no longer be eligible to request the commission to amend the local coastal

program.

If the commission fails to adopt a local coastal program within the time limits

specified in this subdivision, those parcels shall be excluded from the coastal zone and

shall no longer be subject to this division. It is the intent of the Legislature in enacting

this subdivision that a procedure to expedite the preparation and adoption of a local

coastal program for those parcels be established so that the public and affected

property owners know as soon as possible what the permissible uses of those lands

are.

(g) In the vicinity of the intersection of Del Mar Heights Road and the San Diego

Freeway, approximately 250 acres are excluded as specifically shown on map 33.

(h) In the vicinity of the intersection of Carmel Valley Road and the San Diego

Freeway, approximately 45 acres are added as specifically shown on map 33.

In the City of San Diego, the Carmel Valley area consisting of approximately

1,400 acres as shown on map 33 that has been place on file with the Secretary of State

on January 23, 1980, shall be excluded from the coastal zone after the City of San

Diego submits, and the commission certifies, a drainage plan and a transportation plan

for the area. The city shall implement and enforce the certified drainage and

transportation plans. Any amendments or changes to the underlying land use plan for

the area that affects drainage, or to either the certified drainage or transportation plan,

shall be reviewed and processed in the same manner as an amendment of a certified

local coastal program pursuant to Section 30514. Any land use not in conformance with

the certified drainage and transportation plans may be appealed to the commission

pursuant to the appeals procedure as provided by Chapter 7 (commencing with Section

30600). The drainage plan and any amendments thereto shall be prepared after

consultation with the Department of Fish and Wildlife and shall ensure that problems

resulting from water runoff, sedimentation, and siltation are adequately identified and

resolved.

(i) Near the head of the south branch of Los Peñasquitos Canyon, the boundary

is moved seaward to the five-mile limit as described in Section 30103 and as specifically

shown on map 33.

(j) In the City of San Diego, approximately 1,855 acres known as the Mount

Soledad and La Jolla Mesa areas are added as specifically shown on map 34.

However, on or before February 29, 1980, and pursuant to either subdivision (d) of

Section 30610 or Section 30610.5, the commission shall exclude from coastal

development permit requirements any single family residence within the area specified

in this subdivision. No coastal development permit shall be required for any

improvement, maintenance activity, relocation, or reasonable expansion of any

commercial radio or television transmission facilities within the area specified in this

subdivision unless the proposed activity could result in a significant change in the

density or intensity of use in the area or could have a significant adverse impact on

highly scenic resources of public importance. However, no prior review by the

commission of this activity shall be required.

(k) In the City of San Diego, approximately 30 acres known as the Famosa

Slough is added as specifically shown on maps 34 and 35.

(Added by Ch. 1109, Stats. 1979. Amended by Ch. 1360, Stats. 1980; Ch. 43, Stats.

1982; Ch. 583, Stats. 2006; Ch. 97, Stats. 2022.)

Section 30170.6 San Diego County; Peñasquitos Canyon

Notwithstanding Section 17 of Chapter 1330 of the Statutes of 1976, as amended by

Section 29 of Chapter 1331 of the Statutes of 1976, any map dated September 12,

1979, and filed on September 14, 1979, with the office of the Secretary of State, or any

provision of Section 30170, the inland boundary of the coastal zone in a portion of San

Diego County, of approximately 95 acres in Peñasquitos Canyon, is hereby amended

as indicated by revised map number 33, dated March 21, 1980, and filed on March 21,

1980, with the office of the Secretary of State; provided, that the City of San Diego first

submits and the commission approves a drainage plan for the area providing for

drainage in connection with the extension of Mira Mesa Boulevard to Interstate Highway

805 sufficient to assure that no detrimental increase in runoff of water into Carroll

Canyon occurs as a result of construction of Mira Mesa Boulevard.

(Added by Ch. 631, Stats. 1980.)

Section 30170.7 (Repealed by Ch. 160, Stats. 1988.)

Section 30171 City of Carlsbad; submission and adoption or failure to adopt

local coastal program; amendment of program

(a) On or before October 1, 1980, the commission shall submit to the City of

Carlsbad an initial draft of the land use portion of the local coastal program for the area

specifically delineated on maps 154 and 155 which have been placed on file with the

Secretary of State on April 22, 1980.

(b) On or before July 1, 1981, the commission shall, after public hearing and

consultation with the City of Carlsbad, adopt a local coastal program for that area within

the City of Carlsbad which is specifically delineated on maps 154 and 155 which have

been placed on file with the Secretary of State on April 22, 1980. The local coastal

program for such area shall, after adoption by the commission, be deemed certified, and

shall, for all purposes of this division, constitute the certified local coastal program for

such area. The local coastal program for such area may be amended pursuant to the

provisions of this division relating to the amendment of local coastal programs. In

addition, until such time as (i) the City of Carlsbad adopts or enacts the implementing

actions contained in any such coastal program or (ii) other statutory provisions provide

alternately for the adoption, certification, and implementation of a local coastal program

for that area, the local coastal program required by this subdivision may also be

amended by the commission at the request of any owner of property located within the

area. For administrative purposes, the commission may group these requests in order

to schedule them for consideration at a single commission hearing; provided, however,

that the commission shall schedule these requests for consideration at least once

during each four-month period, beginning January 1, 1982. After either of these events

occur, however, these property owners shall no longer be eligible to request the

commission to amend the local coastal program.

limits specified in this subdivision, such area shall be excluded from the coastal zone

and shall no longer be subject to the provisions of this division. It is the intent of the

Legislature, in enacting this section, that a procedure to expedite the preparation and

adoption of a local coastal program in this specified area be established so that the

public and affected property owners know as soon as possible what the permissible

uses of such lands are.

(d) This section is not intended and shall not be construed as authorizing any

modification, extension, or alteration in any deadline or other provisions of any contract

between the commission or any regional coastal commission and any person, business,

or corporation with respect to planning services for the area delineated on maps 154

and 155.

(Added by Ch. 170, Stats. 1980. Amended by Ch. 43, Stats. 1982.)

Section 30171.2 City of Carlsbad; local coastal program; agricultural

conversion fees; priorities; reimbursements; claims;

appropriation

(a) Except as provided in subdivision (b), on and after January 1, 1985, no

agricultural conversion fees may be levied or collected under the agricultural subsidy

program provided in the local coastal program of the City of Carlsbad that was adopted

and certified pursuant to Section 30171. All other provisions of that program shall

continue to be operative, including the right to develop designated areas as provided in

the program.

(b) This section shall not affect any right or obligation under any agreement or

contract entered into prior to January 1, 1985, pursuant to that agricultural subsidy

program, including the payment of any fees and the right of development in accordance

with the provisions of the agreement or contract. As to these properties, the agricultural

subsidy fees in existence as of December 31, 1984, shall be paid and allocated within

the City of Carlsbad, or on projects outside the city that benefit agricultural programs

within the city, in accordance with the provisions of the agricultural subsidy program as

it existed on September 30, 1984.

program and not deposited in the agricultural improvement fund in accordance with the

local coastal program or that have not been expended in the form of agricultural

subsidies assigned to landowners by the local coastal program land use policy plan on

January 1, 1985, shall be used by the Department of General Services to reimburse the

party that paid the fees if no agreements or contracts have been entered into or to the

original parties to the agreements or contracts referred to in subdivision (b) in proportion

to the amount of fees paid by the parties. However, if the property subject to the fee was

under option at the time that the original agreement or contract was entered into and the

optionee was a party to the agricultural subsidy agreement, payments allocable to that

property shall be paid to the optionee in the event the optionee has exercised the

option. Reimbursement under this section shall be paid with 90 days after January 1,

1985, or payment of the fee, whichever occurs later, and only after waiver by the party

being reimbursed of any potential legal rights resulting from enactment of this section.

(d)(1) Any person entitled to reimbursement of fees under subdivision (c) shall

file a claim with the Department of General Services, which shall determine the validity

of the claim and pay that person a pro rata share based on the relative amounts of fees

paid under the local coastal program or any agreement or contract entered pursuant

thereto.

(2) There is hereby appropriated to the Department of General Services the fees

referred to in subdivision (c), for the purpose of making refunds under this section.

(e) Notwithstanding any geographical limitation contained in this division, funds

deposited pursuant to subdivision (b) may be expended for physical or institutional

development improvements needed to facilitate long-term agricultural production within

the City of Carlsbad. These funds may be used to construct improvements outside the

coastal zone boundaries in San Diego County if the improvements are not inconsistent

with the Carlsbad local coastal program and the State Coastal Conservancy determines

that the improvements will benefit agricultural production within the coastal zone of the

City of Carlsbad.

(Added by Ch. 1388, Stats. 1984. Amended by Ch. 402, Stats. 1988; Ch. 538, Stats.

2006; Ch. 31, Stats. 2016.)

Section 30171.5 City of Carlsbad; local coastal program; mitigation fee for

development on nonprime agricultural lands; priorities

(a) The amount of the mitigation fee for development on nonprime agricultural

lands in the coastal zone in the City of Carlsbad that lie outside of the areas described

in subdivision (f) of Section 30170 and subdivision (b) of Section 30171 shall be

determined in the applicable segment of the local coastal program of the City of

Carlsbad, but shall not be less than five thousand dollars ($5,000), nor more than ten

thousand dollars ($10,000), per acre. All mitigation fees collected under this section

shall be deposited in the State Coastal Conservancy Fund.

(b) All mitigation fees collected pursuant to this section are hereby appropriated

to, and shall be expended by, the State Coastal Conservancy in the following order of

priority:

(1) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon.

(2) Development of an interpretive center at Buena Vista Lagoon.

(3) Provision of access to public beaches in the City of Carlsbad.

(4) Any other project or activity benefiting or enhancing the use of natural

resources, including open field cultivated floriculture, in the coastal zone in the City of

Carlsbad that is provided for in the local coastal program of the City of Carlsbad.

Coastal Conservancy Fund and deposit mitigation fees collected pursuant to this

section in the special account. Any interest accruing on that money in the special

account shall be expended pursuant to subdivision (b).

(d) Not less than 50 percent of collected and bonded mitigation fees shall be

expended for the purpose specified in paragraph (1) of subdivision (b).

(e) Other than to mitigate the agricultural conversion impacts for which they are

collected, none of the mitigation fees collected pursuant to this section shall be used for

elements of a project which cause that project to be in compliance with this division or to

mitigate a project which would otherwise be inconsistent with this division. When

reviewing a potential project for consistency with this subdivision, the State Coastal

Conservancy shall consult with the commission.

(Added by Ch. 1388, Stats. 1984. Amended by Ch. 480, Stats. 1987; Ch. 513, Stats.

1996.)

Section 30172 Exclusion from coastal zone in San Diego County

In the San Diego County, an area consisting of approximately 180 acres lying west and

south of Palomar Airport as shown on map 155, which has been placed on file with the

Secretary of State on April 22, 1980, shall be excluded from the coastal zone after the

City Engineer of the City of Carlsbad approves and the commission certifies a drainage

plan for the area, pursuant to the commission's interim permit authority, which plan the

city shall implement and enforce.

(Added by Ch. 170, Stats. 1980.)

Section 30174 Coastal zone in San Diego County; amendment of inland

boundary

Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the

Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976,

the inland boundary of the coastal zone, as shown on detailed coastal map 157 adopted

by the commission on March 1, 1977, shall be amended to conform to the inland

boundary shown on map A which is hereby adopted by reference and which shall be

filed in the office of the Secretary of State and the commission on the date of enactment

of this section.

The areas deleted and added to the coastal zone which are specifically shown on map

A are in the County of San Diego and are generally described as follows:

(a) In the vicinity of the intersection of Del Mar Heights Road and the San Diego

Freeway, approximately 250 acres are excluded as specifically shown on map A.

(b) In the vicinity of the intersection of Carmel Valley Road and the San Diego

Freeway, approximately 45 acres are added as specifically shown on map A.

is moved seaward to the five-mile limit as described in Section 30103 and as specifically

shown on map A.

(Added by Ch. 1128, Stats. 1979.)

Section 30176 (Repealed by Ch. 226, Stats. 1991.)

CHAPTER 3

COASTAL RESOURCES PLANNING AND

MANAGEMENT POLICIES

ARTICLE 1

GENERAL

Section

30200 Policies as standards; resolution of policy conflicts

ARTICLE 2

PUBLIC ACCESS

Section

30210 Access; recreational opportunities; posting

30211 Development not to interfere with access

30212 New development projects

30212.5 Public facilities; distribution

30213 Lower cost visitor and recreational facilities; encouragement and

provision, overnight room rentals

30214 Implementation of public access policies; legislative intent

ARTICLE 3

RECREATION

Section

30220 Protection of certain water-oriented activities

30221 Oceanfront land; protection for recreational use and development

30222 Private lands; priority of development purposes

30222.5 Oceanfront land; aquaculture facilities; priority

30223 Upland areas

30224 Recreational boating use; encouragement; facilities

ARTICLE 4

MARINE ENVIRONMENT

Section

30230 Marine resources; maintenance

30231 Biological productivity; water quality

30232 Oil and hazardous substance spills

30233 Diking, filling or dredging continued movement of sediment and nutrients

30234 Commercial fishing and recreational boating facilities

30234.5 Economic, commercial, and recreational importance of fishing

30235 Construction altering natural shoreline

30236 Water supply and flood control

30237 (repealed)

ARTICLE 5

LAND RESOURCES

Section

30240 Environmentally sensitive habitat areas; adjacent developments

30241 Prime agricultural land; maintenance in agricultural production

30241.5 Agricultural lands; determination of viability of uses; economic feasibility

evaluation

30242 Lands suitable for agricultural use; conversion

30243 Productivity of soils and timberlands; conversions

30244 Archaeological or paleontological resources

ARTICLE 6

DEVELOPMENT

Section

30250 Location, existing developed areas

30251 Scenic and visual qualities

30252 Maintenance and enhancement of public areas

30253 Minimization of adverse impacts

30254 Public works facilities

30254.5 Terms or conditions on sewage treatment plant development; prohibition

30255 Priority of coastal-dependent developments

ARTICLE 7

INDUSTRIAL DEVELOPMENT

Section

30260 Location or expansion

30261 Tanker facilities; use and design

30262 Oil and gas development

30263 Refineries or petrochemical facilities

30264 Thermal electric generating plants

30265 Legislative findings and declarations; offshore oil transportation

30265.5 Governor or designee; coordination of activities concerning offshore oil

transport and refining; duties

ARTICLE 8

SEA LEVEL RISE

Section

30270 Sea level rise

ARTICLE 1

GENERAL

Section 30200 Policies as standards; resolution of policy conflicts

(a) Consistent with the coastal zone values cited in Section 30001 and the basic

goals set forth in Section 30001.5, and except as may be otherwise specifically provided

in this division, the policies of this chapter shall constitute the standards by which the

adequacy of local coastal programs, as provided in Chapter 6 (commencing with

Section 30500), and, the permissibility of proposed developments subject to the

provisions of this division are determined. All public agencies carrying out or supporting

activities outside the coastal zone that could have a direct impact on resources within

the coastal zone shall consider the effect of such actions on coastal zone resources in

order to assure that these policies are achieved.

(b) Where the commission or any local government in implementing the provisions

of this division identifies a conflict between the policies of this chapter, Section 30007.5

shall be utilized to resolve the conflict and the resolution of such conflicts shall be

supported by appropriate findings setting forth the basis for the resolution of identified

policy conflicts.

(Amended by Ch. 43, Stats. 1982.)

ARTICLE 2

PUBLIC ACCESS

Section 30210 Access; recreational opportunities; posting

In carrying out the requirement of Section 4 of Article X of the California Constitution,

maximum access, which shall be conspicuously posted, and recreational opportunities

shall be provided for all the people consistent with public safety needs and the need to

protect public rights, rights of private property owners, and natural resource areas from

overuse.

(Amended by Ch. 1075, Stats. 1978.)

Section 30211 Development not to interfere with access

Development shall not interfere with the public's right of access to the sea where

acquired through use or legislative authorization, including, but not limited to, the use of

dry sand and rocky coastal beaches to the first line of terrestrial vegetation.

Section 30212 New development projects

(a) Public access from the nearest public roadway to the shoreline and along the

coast shall be provided in new development projects except where: (1) it is inconsistent

with public safety, military security needs, or the protection of fragile coastal resources,

(2) adequate access exists nearby, or (3) agriculture would be adversely affected.

Dedicated accessway shall not be required to be opened to public use until a public

agency or private association agrees to accept responsibility for maintenance and

liability of the accessway.

(b) For purposes of this section, "new development" does not include:

(1) Replacement of any structure pursuant to the provisions of subdivision (g) of

Section 30610.

(2) The demolition and reconstruction of a single-family residence; provided, that

the reconstructed residence shall not exceed either the floor area, height or bulk of the

former structure by more than 10 percent, and that the reconstructed residence shall be

sited in the same location on the affected property as the former structure.

(3) Improvements to any structure which do not change the intensity of its use,

which do not increase either the floor area, height, or bulk of the structure by more than

10 percent, which do not block or impede public access, and which do not result in a

seaward encroachment by the structure.

(4) The reconstruction or repair of any seawall; provided, however, that the

reconstructed or repaired seawall is not a seaward of the location of the former

structure.

(5) Any repair or maintenance activity for which the commission has determined,

pursuant to Section 30610, that a coastal development permit will be required unless

the commission determines that the activity will have an adverse impact on lateral public

access along the beach.

As used in this subdivision "bulk" means total interior cubic volume as measured

from the exterior surface of the structure.

performance of duties and responsibilities of public agencies which are required by

Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 4 of

Article X of the California Constitution.

(Amended by Ch. 1075, Stats. 1978; Ch. 919, Stats. 1979; Ch. 744, Stats. 1983.)

Section 30212.5 Public facilities; distribution

Wherever appropriate and feasible, public facilities, including parking areas or facilities,

shall be distributed throughout an area so as to mitigate against the impacts, social and

otherwise, of overcrowding or overuse by the public of any single area.

Section 30213 Lower cost visitor and recreational facilities; encouragement

and provision; overnight room rentals

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where

feasible, provided. Developments providing public recreational opportunities are

preferred.

The commission shall not: (1) require that overnight room rentals be fixed at an amount

certain for any privately owned and operated hotel, motel, or other similar visitor-serving

facility located on either public or private lands; or (2) establish or approve any method

for the identification of low or moderate income persons for the purpose of determining

eligibility for overnight room rentals in any such facilities.

(Amended by Ch. 1191, Stats. 1979; Ch. 1087, Stats. 1980; Ch. 1007, Stats. 1981; Ch.

285, Stats. 1991.)

Section 30214 Implementation of public access policies; legislative intent

(a) The public access policies of this article shall be implemented in a manner

that takes into account the need to regulate the time, place, and manner of public

access depending on the facts and circumstances in each case including, but not

limited to, the following:

(1) Topographic and geologic site characteristics.

(2) The capacity of the site to sustain use and at what level of intensity.

(3) The appropriateness of limiting public access to the right to pass and repass

depending on such factors as the fragility of the natural resources in the area and the

proximity of the access area to adjacent residential uses.

(4) The need to provide for the management of access areas so as to protect the

privacy of adjacent property owners and to protect the aesthetic values of the area by

providing for the collection of litter.

(b) It is the intent of the Legislature that the public access policies of this article

be carried out in a reasonable manner that considers the equities and that balances the

rights of the individual property owner with the public's constitutional right of access

pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or

any amendment thereto shall be construed as a limitation on the rights guaranteed to

the public under Section 4 of Article X of the California Constitution.

any other responsible public agency shall consider and encourage the utilization of

innovative access management techniques, including, but not limited to, agreements

with private organizations which would minimize management costs and encourage the

use of volunteer programs.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 285, Stats. 1991.)

ARTICLE 3

RECREATION

Section 30220 Protection of certain water-oriented activities

Coastal areas suited for water-oriented recreational activities that cannot readily be

provided at inland water areas shall be protected for such uses.

Section 30221 Oceanfront land; protection for recreational use and

development

Oceanfront land suitable for recreational use shall be protected for recreational use and

development unless present and foreseeable future demand for public or commercial

recreational activities that could be accommodated on the property is already

adequately provided for in the area.

(Amended by Ch. 380, Stats. 1978.)

Section 30222 Private lands; priority of development purposes

The use of private lands suitable for visitor-serving commercial recreational facilities

designed to enhance public opportunities for coastal recreation shall have priority over

private residential, general industrial, or general commercial development, but not over

agriculture or coastal-dependent industry.

Section 30222.5 Oceanfront lands; aquaculture facilities; priority

Oceanfront land that is suitable for coastal dependent aquaculture shall be protected for

that use, and proposals for aquaculture facilities located on those sites shall be given

priority, except over other coastal dependent developments or uses.

(Added by Ch. 1486, Stats. 1982; Ch. 538, Stats. 2006.)

Section 30223 Upland areas

Upland areas necessary to support coastal recreational uses shall be reserved for such

uses, where feasible.

Section 30224 Recreational boating use; encouragement; facilities

Increased recreational boating use of coastal waters shall be encouraged, in

accordance with this division, by developing dry storage areas, increasing public

launching facilities, providing additional berthing space in existing harbors, limiting non-

water-dependent land uses that congest access corridors and preclude boating support

facilities, providing harbors of refuge, and by providing for new boating facilities in

natural harbors, new protected water areas, and in areas dredged from dry land.

ARTICLE 4

MARINE ENVIRONMENT

Section 30230 Marine resources; maintenance

Marine resources shall be maintained, enhanced, and where feasible, restored. Special

protection shall be given to areas and species of special biological or economic

significance. Uses of the marine environment shall be carried out in a manner that will

sustain the biological productivity of coastal waters and that will maintain healthy

populations of all species of marine organisms adequate for long-term commercial,

recreational, scientific, and educational purposes.

Section 30231 Biological productivity; water quality

The biological productivity and the quality of coastal waters, streams, wetlands,

estuaries, and lakes appropriate to maintain optimum populations of marine organisms

and for the protection of human health shall be maintained and, where feasible, restored

through, among other means, minimizing adverse effects of waste water discharges and

entrainment, controlling runoff, preventing depletion of ground water supplies and

substantial interference with surface waterflow, encouraging waste water reclamation,

maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing

alteration of natural streams.

Section 30232 Oil and hazardous substance spills

Protection against the spillage of crude oil, gas, petroleum products, or hazardous

substances shall be provided in relation to any development or transportation of such

materials. Effective containment and cleanup facilities and procedures shall be provided

for accidental spills that do occur.

Section 30233 Diking, filling or dredging; continued movement of sediment

and nutrients

(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries,

and lakes shall be permitted in accordance with other applicable provisions of this

division, where there is no feasible less environmentally damaging alternative, and

where feasible mitigation measures have been provided to minimize adverse

environmental effects, and shall be limited to the following:

(1) New or expanded port, energy, and coastal-dependent industrial facilities,

including commercial fishing facilities.

(2) Maintaining existing, or restoring previously dredged, depths in existing

navigational channels, turning basins, vessel berthing and mooring areas, and boat

launching ramps.

(3) In open coastal waters, other than wetlands, including streams, estuaries, and

lakes, new or expanded boating facilities and the placement of structural pilings for

public recreational piers that provide public access and recreational opportunities.

(4) Incidental public service purposes, including but not limited to, burying cables

and pipes or inspection of piers and maintenance of existing intake and outfall lines.

(5) Mineral extraction, including sand for restoring beaches, except in

environmentally sensitive areas.

(6) Restoration purposes.

(7) Nature study, aquaculture, or similar resource dependent activities.

(b) Dredging and spoils disposal shall be planned and carried out to avoid

significant disruption to marine and wildlife habitats and water circulation. Dredge spoils

suitable for beach replenishment should be transported for these purposes to

appropriate beaches or into suitable longshore current systems.

existing estuaries and wetlands shall maintain or enhance the functional capacity of the

wetland or estuary. Any alteration of coastal wetlands identified by the Department of

Fish and Wildlife, including, but not limited to, the 19 coastal wetlands identified in its

report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be

limited to very minor incidental public facilities, restorative measures, nature study,

commercial fishing facilities in Bodega Bay, and development in already developed

parts of south San Diego Bay, if otherwise in accordance with this division.

For the purposes of this section, "commercial fishing facilities in Bodega Bay"

means that not less than 80 percent of all boating facilities proposed to be developed or

improved, where the improvement would create additional berths in Bodega Bay, shall

be designed and used for commercial fishing activities.

(d) Erosion control and flood control facilities constructed on watercourses can

impede the movement of sediment and nutrients that would otherwise be carried by

storm runoff into coastal waters. To facilitate the continued delivery of these sediments

to the littoral zone, whenever feasible, the material removed from these facilities may be

placed at appropriate points on the shoreline in accordance with other applicable

provisions of this division, where feasible mitigation measures have been provided to

minimize adverse environmental effects. Aspects that shall be considered before

issuing a coastal development permit for these purposes are the method of placement,

time of year of placement, and sensitivity of the placement area.

(Amended by Ch. 673, Stats. 1978; Ch. 43, Stats. 1982; Ch. 1167, Stats. 1982; Ch.

454, Stats. 1983; Ch. 294, Stats. 2006; Ch. 97, Stats. 2022.)

Section 30234 Commercial fishing and recreational boating facilities

Facilities serving the commercial fishing and recreational boating industries shall be

protected and, where feasible, upgraded. Existing commercial fishing and recreational

boating harbor space shall not be reduced unless the demand for those facilities no

longer exists or adequate substitute space has been provided. Proposed recreational

boating facilities shall, where feasible, be designed and located in such a fashion as not

to interfere with the needs of the commercial fishing industry.

Section 30234.5 Economic, commercial, and recreational importance of fishing

The economic, commercial, and recreational importance of fishing activities shall be

recognized and protected.

(Added by Ch. 802, Stats. 1991.)

Section 30235 Construction altering natural shoreline

Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and

other such construction that alters natural shoreline processes shall be permitted when

required to serve coastal-dependent uses or to protect existing structures or public

beaches in danger from erosion, and when designed to eliminate or mitigate adverse

impacts on local shoreline sand supply. Existing marine structures causing water

stagnation contributing to pollution problems and fishkills should be phased out or

upgraded where feasible.

Section 30236 Water supply and flood control

Channelizations, dams, or other substantial alterations of rivers and streams shall

incorporate the best mitigation measures feasible, and be limited to (l) necessary water

supply projects, (2) flood control projects where no other method for protecting existing

structures in the flood plain is feasible and where such protection is necessary for public

safety or to protect existing development, or (3) developments where the primary

function is the improvement of fish and wildlife habitat.

Section 30237 (Repealed by Ch. 286, Stats. 2004.)

ARTICLE 5

LAND RESOURCES

Section 30240 Environmentally sensitive habitat areas; adjacent

developments

(a) Environmentally sensitive habitat areas shall be protected against any

significant disruption of habitat values, and only uses dependent on those resources

shall be allowed within those areas.

(b) Development in areas adjacent to environmentally sensitive habitat areas and

parks and recreation areas shall be sited and designed to prevent impacts which would

significantly degrade those areas, and shall be compatible with the continuance of those

habitat and recreation areas.

(Amended by Ch. 285, Stats. 1991.)

Section 30241 Prime agricultural land; maintenance in agricultural production

The maximum amount of prime agricultural land shall be maintained in agricultural

production to assure the protection of the areas’ agricultural economy, and conflicts

shall be minimized between agricultural and urban land uses through all of the following:

(a) By establishing stable boundaries separating urban and rural areas, including,

where necessary, clearly defined buffer areas to minimize conflicts between agricultural

and urban land uses.

(b) By limiting conversions of agricultural lands around the periphery of urban

areas to the lands where the viability of existing agricultural use is already severely

limited by conflicts with urban uses or where the conversion of the lands would

complete a logical and viable neighborhood and contribute to the establishment of a

stable limit to urban development.

where the conversion of the land would be consistent with Section 30250.

(d) By developing available lands not suited for agriculture prior to the conversion

of agricultural lands.

(e) By assuring that public service and facility expansions and nonagricultural

development do not impair agricultural viability, either through increased assessment

costs or degraded air and water quality.

(f) By assuring that all divisions of prime agricultural lands, except those

conversions approved pursuant to subdivision (b), and all development adjacent to

prime agricultural lands shall not diminish the productivity of such prime agricultural

lands.

(Amended by Ch. 1066, Stats. 1981; Ch. 43, Stats. 1982.)

Section 30241.5 Agricultural land; determination of viability of uses; economic

feasibility evaluation

(a) If the viability of existing agricultural uses is an issue pursuant to subdivision

(b) of Section 30241 as to any local coastal program or amendment to any certified local

coastal program submitted for review and approval under this division, the

determination of "viability" shall include, but not be limited to, consideration of an

economic feasibility evaluation containing at least both of the following elements:

(1) An analysis of the gross revenue from the agricultural products grown in the

area for the five years immediately preceding the date of the filing of a proposed local

coastal program or an amendment to any local coastal program.

(2) An analysis of the operational expenses, excluding the cost of land,

associated with the production of the agricultural products grown in the area for the five

years immediately preceding the date of the filing of a proposed local coastal program

or an amendment to any local coastal program.

For purposes of this subdivision, "area" means a geographic area of sufficient

size to provide an accurate evaluation of the economic feasibility of agricultural uses for

those lands included in the local coastal program or in the proposed amendment to a

certified local coastal program.

(b) The economic feasibility evaluation required by subdivision (a) shall be

submitted to the commission, by the local government, as part of its submittal of a local

coastal program or an amendment to any local coastal program. If the local government

determines that it does not have the staff with the necessary expertise to conduct the

economic feasibility evaluation, the evaluation may be conducted under agreement with

the local government by a consultant selected jointly by local government and the

executive director of the commission.

(Added by Ch. 259, Stats. 1984.)

Section 30242 Lands suitable for agricultural use; conversion

All other lands suitable for agricultural use shall not be converted to nonagricultural uses

unless (l) continued or renewed agricultural use is not feasible, or (2) such conversion

would preserve prime agricultural land or concentrate development consistent with

Section 30250. Any such permitted conversion shall be compatible with continued

agricultural use on surrounding lands.

Section 30243 Productivity of soils and timberlands; conversions

The long-term productivity of soils and timberlands shall be protected, and conversions

of coastal commercial timberlands in units of commercial size to other uses or their

division into units of noncommercial size shall be limited to providing for necessary

timber processing and related facilities.

Section 30244 Archaeological or paleontological resources

Where development would adversely impact archaeological or paleontological

resources as identified by the State Historic Preservation Officer, reasonable mitigation

measures shall be required.

ARTICLE 6

DEVELOPMENT

Section 30250 Location; existing developed area

(a) New residential, commercial, or industrial development, except as otherwise

provided in this division, shall be located within, contiguous with, or in close proximity to,

existing developed areas able to accommodate it or, where such areas are not able to

accommodate it, in other areas with adequate public services and where it will not have

significant adverse effects, either individually or cumulatively, on coastal resources. In

addition, land divisions, other than leases for agricultural uses, outside existing

developed areas shall be permitted only where 50 percent of the usable parcels in the

area have been developed and the created parcels would be no smaller than the

average size of surrounding parcels.

(b) Where feasible, new hazardous industrial development shall be located away

from existing developed areas.

areas shall be located in existing isolated developments or at selected points of

attraction for visitors.

(Amended by Ch. 1090, Stats. 1979.)

Section 30251 Scenic and visual qualities

The scenic and visual qualities of coastal areas shall be considered and protected as a

resource of public importance. Permitted development shall be sited and designed to

protect views to and along the ocean and scenic coastal areas, to minimize the

alteration of natural land forms, to be visually compatible with the character of

surrounding areas, and, where feasible, to restore and enhance visual quality in visually

degraded areas. New development in highly scenic areas such as those designated in

the California Coastline Preservation and Recreation Plan prepared by the Department

of Parks and Recreation and by local government shall be subordinate to the character

of its setting.

Section 30252 Maintenance and enhancement of public access

The location and amount of new development should maintain and enhance public

access to the coast by (1) facilitating the provision or extension of transit service, (2)

providing commercial facilities within or adjoining residential development or in other

areas that will minimize the use of coastal access roads, (3) providing nonautomobile

circulation within the development, (4) providing adequate parking facilities or providing

substitute means of serving the development with public transportation, (5) assuring the

potential for public transit for high intensity uses such as high-rise office buildings, and

by (6) assuring that the recreational needs of new residents will not overload nearby

coastal recreation areas by correlating the amount of development with local park

acquisition and development plans with the provision of onsite recreational facilities to

serve the new development.

Section 30253 Minimization of adverse impacts

New development shall do all of the following:

(a) Minimize risks to life and property in areas of high geologic, flood, and fire

hazard.

(b) Assure stability and structural integrity, and neither create nor contribute

significantly to erosion, geologic instability, or destruction of the site or surrounding area

or in any way require the construction of protective devices that would substantially alter

natural landforms along bluffs and cliffs.

the State Air Resources Board as to each particular development.

(d) Minimize energy consumption and vehicle miles traveled.

(e) Where appropriate, protect special communities and neighborhoods that,

because of their unique characteristics, are popular visitor destination points for

recreational uses.

(Amended by Ch. 179, Stats. 2008.)

Section 30254 Public works facilities

New or expanded public works facilities shall be designed and limited to accommodate

needs generated by development or uses permitted consistent with the provisions of

this division; provided, however, that it is the intent of the Legislature that State Highway

Route 1 in rural areas of the coastal zone remain a scenic two-lane road. Special

districts shall not be formed or expanded except where assessment for, and provision

of, the service would not induce new development inconsistent with this division. Where

existing or planned public works facilities can accommodate only a limited amount of

new development, services to coastal dependent land use, essential public services and

basic industries vital to the economic health of the region, state, or nation, public

recreation, commercial recreation, and visitor-serving land uses shall not be precluded

by other development.

Section 30254.5 Terms or conditions on sewage treatment plant development;

prohibition

Notwithstanding any other provision of law, the commission may not impose any term or

condition on the development of any sewage treatment plant which is applicable to any

future development that the commission finds can be accommodated by that plant

consistent with this division. Nothing in this section modifies the provisions and

requirements of Sections 30254 and 30412.

(Added by Ch. 978, Stats. 1984.)

Section 30255 Priority of coastal-dependent developments

Coastal-dependent developments shall have priority over other developments on or

near the shoreline. Except as provided elsewhere in this division, coastal-dependent

developments shall not be sited in a wetland. When appropriate, coastal-related

developments should be accommodated within reasonable proximity to the coastal-

dependent uses they support.

(Amended by Ch. 1090, Stats. 1979.)

ARTICLE 7

INDUSTRIAL DEVELOPMENT

Section 30260 Location or expansion

(a) Coastal-dependent industrial facilities shall be encouraged to locate or

expand within existing sites and shall be permitted reasonable long-term growth where

consistent with this division.

(b) However Notwithstanding subdivision (a), where new or expanded

coastal-dependent industrial facilities cannot feasibly be accommodated consistent with

other policies of this division, they may nonetheless be permitted in accordance with this

section and Sections 30261 and 30262 if all of the following conditions are met:

(1) alternative Alternative locations are infeasible or more environmentally

damaging;.

(2) to do otherwise Permitting the development would not adversely affect

the public welfare; and.

(3) adverse Adverse environmental effects are mitigated to the maximum extent

feasible.

(4) The new or expanded coastal-dependent industrial facility is not an oil

and gas development, refinery, or petrochemical facility.

(Amended by Ch. 292, Stats. 2023.)

Section 30261 Tanker facilities; use and design

Multicompany use of existing and new tanker facilities shall be encouraged to the

maximum extent feasible and legally permissible, except where to do so would result in

increased tanker operations and associated onshore development incompatible with the

land use and environmental goals for the area. New tanker terminals outside of existing

terminal areas shall be situated as to avoid risk to environmentally sensitive areas and

shall use a monobuoy system, unless an alternative type of system can be shown to be

environmentally preferable for a specific site. Tanker facilities shall be designed to (1)

minimize the total volume of oil spilled, (2) minimize the risk of collision from movement

of other vessels, (3) have ready access to the most effective feasible containment and

recovery equipment for oil spills, and (4) have onshore deballasting facilities to receive

any fouled ballast water from tankers where operationally or legally required.

(Amended by Ch. 855, Stats. 1977; Ch. 182, Stats. 1987.)

Section 30262 Oil and gas development

(a) New or expanded Oil oil and gas development shall not be considered a

coastal-dependent industrial facility for the purposes of Section 30260, and may

be permitted only if found consistent with all applicable provisions of this

division be permitted in accordance with Section 30260, and if all of the following

conditions are met:

(1) The development is performed safely and consistent with the geologic

conditions of the well site.

(2) New or expanded facilities Activities related to that development are

consolidated, to the maximum extent feasible and legally permissible, unless

consolidation will have adverse environmental consequences and will not significantly

reduce the number of producing wells, support facilities, or sites required to produce the

reservoir economically and with minimal environmental impacts.

(3) Environmentally safe and feasible subsea completions are used when

drilling platforms or islands would substantially degrade coastal visual qualities

unless use of those structures will result in substantially less environmental

risks.

(4) Platforms or islands will not be sited where a substantial hazard to

vessel traffic might result from the facility or related operations, as determined in

consultation with the United States Coast Guard and the Army Corps of

Engineers.

(5) (3) The development will not cause or contribute to subsidence hazards

unless it is determined that adequate measures will be undertaken to prevent damage

from such subsidence.

(6) (4) With respect to new facilities, all All oilfield brines are reinjected into oil-

producing zones unless the Geologic Energy Management Division of the Department

of Conservation determines to do so would adversely affect production of the reservoirs

and unless injection into other subsurface zones will reduce environmental risks.

Exceptions to reinjections will be granted consistent with the Ocean Waters Discharge

Plan California Ocean Plan of the State Water Resources Control Board and where

adequate provision is made for the elimination of petroleum odors and water quality

problems.

(7) (5)(A) All oil produced offshore California shall be transported onshore by

pipeline only. The pipelines used to transport this oil shall utilize the best achievable

technology to ensure maximum protection of public health and safety and of the integrity

and productivity of terrestrial and marine ecosystems.

(B) Once oil produced offshore California is onshore, it shall be transported to

processing and refining facilities by pipeline.

(B):

(i) "Best achievable technology," means the technology that provides the greatest

degree of protection taking into consideration both of the following:

(I) Processes that are being developed, or could feasibly be developed,

anywhere in the world, given overall reasonable expenditures on research and

development.

(II) Processes that are currently in use anywhere in the world. This clause is not

intended to create any conflicting or duplicative regulation of pipelines, including those

governing the transportation of oil produced from onshore reserves.

(ii) "Oil" refers to crude oil before it is refined into products, including gasoline,

bunker fuel, lubricants, and asphalt. Crude oil that is upgraded in quality through residue

reduction or other means shall be transported as provided in subparagraphs (A) and

(B).

(iii) Subparagraphs (A) and (B) shall apply only to new or expanded oil extraction

operations. "New extraction operations" means production of offshore oil from leases

that did not exist or had never produced oil, as of January 1, 2003, or from platforms,

drilling island islands, subsea completions, or onshore drilling sites, that did not exist

as of January 1, 2003. "Expanded oil extraction" means an increase in the geographic

extent of existing leases or units, including lease boundary adjustments, or an increase

in the number of well heads, on or after January 1, 2003.

(iv) For new or expanded oil extraction operations subject to clause (iii), if the

crude oil is so highly viscous that pipelining is determined to be an infeasible mode of

transportation, or where there is no feasible access to a pipeline, shipment of crude oil

may be permitted over land by other modes of transportation, including trains or trucks,

which meet all applicable rules and regulations, excluding any waterborne mode of

transport.

(8) (6) If a state of emergency is declared by the Governor for an emergency that

disrupts the transportation of oil by pipeline, oil may be transported by a waterborne

vessel, if authorized by permit, in the same manner as required by emergency permits

that are issued pursuant to Section 30624.

(9) (7) In addition to all other measures that will maximize the protection of

marine habitat and environmental quality, when an offshore well is abandoned, the best

achievable technology shall be used.

(b) Repair and maintenance of an existing oil and gas facility may be

permitted in accordance with Section 30260 only if it does not result in expansion

of capacity of the oil and gas facility, and if all applicable conditions of

subdivision (a) are met.

(b) (c) Where appropriate, monitoring programs to record land surface and near-

shore ocean floor movements shall be initiated in locations of new large-scale fluid

extraction on land or near shore before operations begin and shall continue until surface

conditions have stabilized. Costs of monitoring and mitigation programs shall be borne

by liquid and gas extraction operators.

responsible for regulating the extraction, production, or transport of oil and gas.

(Amended by Ch. 420, Stats. 2003; Ch. 771, Stats. 2019; Ch. 292, Stats. 2023.)

Section 30263 Refineries or petrochemical facilities

(a) New or expanded refineries or petrochemical facilities not otherwise

consistent with the provisions of this division shall be permitted if (1) alternative

locations are not feasible or are more environmentally damaging; (2) adverse

environmental effects are mitigated to the maximum extent feasible; (3) it is found

that not permitting such development would adversely affect the public welfare;

(4) the facility is not located in a highly scenic or seismically hazardous area, on

any of the Channel Islands, or within or contiguous to environmentally sensitive

areas; and (5) the facility is sited so as to provide a sufficient buffer area to

minimize adverse impacts on surrounding property shall not be considered a

coastal-dependent industrial facility for the purposes of Section 30260, and may

be permitted only if found to be consistent with all applicable provisions of this

division.

(b) New or expanded refineries or petrochemical facilities shall minimize the need

for once-through cooling by using air cooling to the maximum extent feasible and by

using treated waste waters from inplant processes where feasible.

may be permitted in accordance with Section 30260 only if the following

conditions are met:

(1) The development does not result in expansion of capacity of existing

refineries or petrochemical facilities.

(2) Alternative locations are not feasible or are more environmentally

damaging.

(3) Adverse environmental effects are mitigated to the maximum extent

feasible.

(4) Permitting the development would not adversely affect the public

welfare.

(5) The development is not located in a highly scenic or seismically

hazardous area, on any of the Channel Islands, or within or contiguous to

environmentally sensitive areas.

(6) The development is sited so as to provide a sufficient buffer area to

minimize adverse impacts on surrounding property.

(d) Notwithstanding subdivision (a) of this section and paragraph (4) of

subdivisions (b) of Section 30260, development of facilities for the purposes of

producing low-carbon fuels at an existing refinery or petrochemical facility may

be permitted in accordance with Section 30260 if all requirements of that section

and subdivision (c) of this section are met.

(Amended by Ch. 535, Stats. 1991; Ch. 292, Stats. 2023.)

Section 30264 Thermal electric generating plants

Notwithstanding any other provision of this division, except subdivisions (b) and (c) of

Section 30413, new or expanded thermal electric generating plants may be constructed

in the coastal zone if the proposed coastal site has been determined by the State

Energy Resources Conservation and Development Commission to have greater relative

merit pursuant to the provisions of Section 25516.1 than available alternative sites and

related facilities for an applicant's service area which have been determined to be

acceptable pursuant to the provisions of Section 25516.

Section 30265 Legislative findings and declarations; offshore oil

transportation

The Legislature finds and declares all of the following:

(a) Transportation studies have concluded that pipeline transport of oil is

generally both economically feasible and environmentally preferable to other forms of

crude oil transport.

(b) Oil companies have proposed to build a pipeline to transport offshore crude

oil from central California to southern California refineries, and to transport offshore oil

to out-of-state refiners.

were to be used directly as a major feedstock. Refinery modifications may delay

achievement of air quality goals in the southern California air basin and other regions of

the state.

(d) The County of Santa Barbara has issued an Oil Transportation Plan which

assesses the environmental and economic differences among various methods for

transporting crude oil from offshore California to refineries.

(e) The Governor should help coordinate decisions concerning the transport and

refining of offshore oil in a manner that considers state and local studies undertaken to

date, that fully addresses the concerns of all affected regions, and that promotes the

greatest benefits to the people of the state.

(Added by Ch. 1398, Stats. 1984. Amended by Ch. 294, Stats. 2006.)

Section 30265.5 Governor or designee; coordination of activities concerning

offshore oil transport and refining; duties

(a) The Governor, or the Governor's designee, shall coordinate activities

concerning the transport and refining of offshore oil. Coordination efforts shall consider

public health risks, the ability to achieve short-term and long-term air emission reduction

goals, the potential for reducing California's vulnerability and dependence on oil imports,

economic development and jobs, and other factors deemed important by the Governor,

or the Governor's designees.

(b) The Governor, or the Governor's designee, shall work with state and local

agencies, and the public, to facilitate the transport and refining of offshore oil in a

manner that will promote the greatest public health and environmental and economic

benefits to the people of the State.

organization having knowledge in this area, including, but not limited to, representatives

from the following:

(1) State Energy Resources Conservation and Development Commission

(2) State Air Resources Board

(3) California Coastal Commission

(4) Department of Fish and Wildlife

(5) State Lands Commission

(6) Public Utilities Commission

(7) Santa Barbara County

(8) Santa Barbara County Air Pollution Control District

(9) Southern California Association of Governments

(10) South Coast Air Quality Management Districts

(11) Oil industry

(12) Public interest groups

(13) United States Department of the Interior

(14) United States Department of Energy

(15) United States Environmental Protection Agency

(16) National Oceanic and Atmospheric Administration

(17) United States Coast Guard

(d) This act is not intended, and shall not be construed, to decrease, duplicate, or

supersede the jurisdiction, authority, or responsibilities of any local government, or any

state agency or commission, to discharge its responsibilities concerning the

transportation and refining of oil.

(Added by Ch. 1398, Stats. 1984. Amended by Ch. 97, Stats. 2022.)

ARTICLE 8

SEA LEVEL RISE

Section 30270 Sea level rise

The commission shall take into account the effects of sea level rise in coastal resources

planning and management policies and activities in order to identify, assess, and, to the

extent feasible, avoid and mitigate the adverse effects of sea level rise.

(Added by Ch. 236, Stats. 2021.)

CHAPTER 4

CREATION, MEMBERSHIP, AND POWERS OF

COMMISSION AND REGIONAL COMMISSIONS

ARTICLE 1

CREATION, MEMBERSHIP OF COMMISSION AND

REGIONAL COMMISSION

Section

30300 Creation

30301 Membership

30301.2 Appointments; methods

30301.5 Nonvoting members; designees of nonvoting members

30302 (repealed)

30303 (repealed)

30304 Alternate members; appointments

30304.5 (repealed)

30305 Succession to powers, duties, or legal interests of regional coastal

commissions

ARTICLE 2

QUALIFICATIONS AND ORGANIZATION

Section

30310 Appointments; reflection of economic, social, and geographic diversity

30310.5 (repealed)

30311 (repealed)

30312 Terms of office; vacancies; appointments

30313 Vacancies; notification of expected vacancies

30314 Compensation; expenses

30315 Meetings; quorum

30315.1 Findings; majority vote; quorum

30315.5 Meeting Notices

30316 Chairperson and vice chairperson

30317 Headquarters; statewide powers; regional offices

30318 Conflicts of interest

30319 Development permit application; disclosure of representatives;

punishment

30319.5 Denial of permit; subsequent applications; time

ARTICLE 2.5

FAIRNESS AND DUE PROCESS

Section

30320 Findings and declarations

30321 Jurisdiction of commission

30322 Ex parte communications

30323 Interested person

30324 Ex parte communication, disclosure; form

30325 Commission proceedings; testimony; written comments

30326 Commission workshops; requests

30327 Commission decision; influence; unreported ex parte communication; civil

fine; attorneys’ fees and costs

30327.5 Gifts to commissioner or member of commission’s staff

30327.6 Violations of Section 30327.5; penalties

30328 Violations; remedies

30329 Applicable law

ARTICLE 3

POWERS AND DUTIES

Section

30330 Responsibility for implementation; coastal zone planning and management

agency; certificates of conformity; San Francisco Bay Conservation and

Development Commission

30331 Successor to California Coastal Zone Conservation Commission and

regional commissions

30333 Rules and regulations

30333.1 Review of regulations and procedures

30333.2 Restrictions on adoption of building standards

30333.5 (repealed)

30334 Powers

30334.5 Application for and acceptance of grants, contributions

30335 Executive director; employees

30335.1 Employees to give procedural assistance

30335.5 Scientific panels; establishment to give technical advice and

recommendations to commission

30336 Planning and regulatory assistance to local governments

30337 Joint development application system; hearing procedures

30338 Regulations for timing of review of proposed treatment works

30339 Duties, generally

30340 Management and budgeting of funds

30340.5 Local coastal programs; use of federal funds; reimbursement of local

governments; claims; forms; review

30340.6 Local coastal programs; legislative intent; mandated costs to be paid with

state or federal funds; failure of appropriations; postponement of

obligations; exception

30341 Additional plans and maps; studies

30342 (repealed)

30343 (repealed)

30344 Guide to coastal resources; components; purpose; production; distribution

ARTICLE 4

LOCAL COASTAL PROGRAM

IMPLEMENTATION COSTS

Section

30350 State policy; claims; intent

30351 Local coastal program implementation grants; purpose; procedures

30352 Reimbursement of costs; claims

30353 Reimbursable costs; criteria

30354 Review and evaluation of claims; submission to controller;

recommendations; determination

30355 Certified local coastal program

ARTICLE 1

CREATION, MEMBERSHIP OF COMMISSION AND

REGIONAL COMMISSION

Section 30300 Creation

There is in the Resources Agency the California Coastal Commission.

(Amended by Ch. 676, Stats. 1980; Ch. 1173, Stats. 1981.)

Section 30301 Membership

The commission shall consist of the following 15 members:

(a) The Secretary of the Natural Resources Agency.

(b) The Secretary of Transportation.

(d) Six representatives of the public from the state at large. The Governor, the

Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two

of these members.

(e) Six representatives selected from six coastal regions. The Governor shall

select one member from the north coast region and one member from the south central

coast region. The Speaker of the Assembly shall select one member from the central

coast region and one member from the San Diego coast region. The Senate Committee

on Rules shall select one member from the north central coast region and one member

from the south coast region. For purposes of this division, these regions are defined as

follows:

(1) The north coast region consists of the Counties of Del Norte, Humboldt, and

Mendocino.

(2) The north central coast region consists of the Counties of Sonoma and Marin

and the City and County of San Francisco.

(3) The central coast region consists of the Counties of San Mateo, Santa Cruz,

and Monterey.

(4) The south central coast region consists of the Counties of San Luis Obispo,

Santa Barbara, and Ventura.

(5) The south coast region consists of the Counties of Los Angeles and Orange.

(6) The San Diego coast region consists of the County of San Diego.

(f) Of the representatives appointed by the Governor pursuant to subdivision (d)

or (e), one of the representatives shall reside in, and work directly with, communities in

the state that are disproportionately burdened by, and vulnerable to, high levels of

pollution and issues of environmental justice, including, but not limited to, communities

with diverse racial and ethnic populations and communities with low-income

populations. The Governor shall appoint a representative qualified pursuant to this

subdivision to a vacant position from the appointments available pursuant to either

subdivision (d) or (e) no later than the fourth appointment available after January 1,

2017.

(Amended by Ch. 1087, Stats. 1980; Ch. 285, Stats. 1991; Ch. 1153, Stats. 1993; Ch.

589, Stats. 1993; Ch. 208, Stats. 1995; Ch. 746, Stats. 2004; Ch. 352, Stats. 2013; Ch.

578, Stats. 2016.)

Section 30301.2 Appointments; methods

(a) The appointments of the Governor, the Senate Committee on Rules, and the

Speaker of the Assembly, pursuant to subdivision (e) of Section 30301, shall be made

as prescribed in this section. Within 45 days from the date of receipt of a request for

nominations by the appointing authority, the board of supervisors and city selection

committee of each county within the region shall nominate supervisors, mayors, or city

council members who reside in the region from which the Governor, the Senate

Committee on Rules, or the Speaker of the Assembly shall appoint a replacement. In

regions composed of three counties, the board of supervisors and the city selection

committee in each county within the region shall each nominate one or more

supervisors and one or more mayors or city council members. In regions composed of

two counties, the board of supervisors and the city selection committee in each county

within the region shall each nominate not less than two supervisors and not less than

two mayors or city council members. In regions composed of one county, the board of

supervisors and the city selection committee in the county shall each nominate not less

than three supervisors and not less than three mayors or city council members.

Immediately upon selecting the nominees, the board of supervisors and the city

selection committee shall send the names of the nominees to either the Governor, the

Senate Committee on Rules, or the Speaker of the Assembly, whoever will appoint the

replacement.

(b) Within 30 days from the date of receipt of the names of the nominees

pursuant to subdivision (a), the Governor, the Speaker of the Assembly, or the Senate

Committee on Rules, whoever will appoint the replacement, shall either appoint one of

the nominees or notify the boards of supervisors and city selection committees within

the region that none of the nominees are acceptable and request the boards of

supervisors and city selection committees to make additional nominations. Within 45

days from the date of receipt of a notice rejecting all the nominees, the boards of

supervisors and city selection committees within the region shall nominate and send to

the appointing authority the names of additional nominees in accordance with

subdivision (a). Upon receipt of the names of those additional nominees, the appointing

authority shall appoint one of the nominees.

(Amended by Ch. 285, Stats. 1991; Ch. 162, Stats. 1997; Ch. 746, Stats. 2004; Ch.

683, Stats. 2015.)

Section 30301.5 Nonvoting members; designees of nonvoting members

A member of the commission serving pursuant subdivision (a), (b), or (c), of Section

30301 shall be a nonvoting member and may appoint a designee to serve at the

member’s pleasure who shall have all the powers and duties of the member pursuant to

this division.

(Amended by Ch. 285, Stats. 1991; Ch. 1153, Stats. 1993; Ch. 746, Stats. 2004; Ch.

97, Stats. 2022.)

Section 30302 (Repealed by Ch. 1173, Stats. 1981.)

Section 30303 (Repealed by Ch. 1173, Stats. 1981.)

Section 30304 Alternate members; appointments

(a) Any member of the commission may, subject to the confirmation of the

member’s appointing power, appoint an alternate member to represent the member at

any commission meeting. An alternate for a locally elected official need not also be a

locally elected official. An alternate may serve before confirmation for a period not to

exceed 90 days from the date of appointment unless and until confirmation is

specifically refused. The alternate shall serve at the pleasure of the member who

appointed them and shall have all the powers and duties as a member of the

commission, except that the alternate shall only participate and vote in meetings in the

absence of the member who appointed them.

(b) All provisions of law relating to conflicts of interest that are applicable to a

member shall apply to an alternate member. Whenever a member has, or is known to

have, a conflict of interest on any matter, the member's alternate is not eligible to vote

on that matter.

(Amended by Ch. 879, Stats. 1978; Ch. 285, Stats. 1991; Ch. 683, Stats. 2015; Ch. 97,

Stats. 2022.)

Section 30304.5 (Repealed by Ch. 285, Stats. 1991.)

Section 30305 Succession to powers, duties, or legal interests of regional

coastal commissions

Except as otherwise provided in this division, the commission shall succeed to any and

all obligations, powers, duties, responsibilities, benefits, or legal interests of regional

coastal commissions which existed prior to July 1, 1981.

(Added by Ch. 1173, Stats. 1981.)

ARTICLE 2

QUALIFICATIONS AND ORGANIZATION

Section 30310 Appointments; reflection of economic, social, and geographic

diversity

In making their appointments pursuant to this division, the Governor, the Senate

Committee on Rules, and the Speaker of the Assembly shall make good faith efforts to

assure that their appointments, as a whole, reflect, to the greatest extent feasible, the

economic, social, and geographic diversity of the state.

(Amended by Ch. 746, Stats. 2004; Ch. 22, Stats. 2005.)

Section 30310.5 (Repealed by Ch. 683, Stats 2015.)

Section 30311 (Repealed by Ch. 1173, Stats. 1981.)

Section 30312 Terms of office; vacancies; appointments

The terms of the office of commission members shall be as follows:

(a)(1) A person appointed by the Governor and qualified for membership

because the person holds a specified office as a locally elected official shall serve at the

pleasure of the Governor. However, the membership shall cease 60 days after the

member’s term of office as a locally elected official ceases, or when a person has been

appointed to fill that position by the Governor, if that occurs sooner.

(2) A person appointed by the Senate Committee on Rules or by the Speaker of

the Assembly and qualified for membership because the person holds a specified office

as a locally elected official shall serve a term of four years. However, the membership

shall cease 60 days after the member’s term of office as a locally elected official

ceases, if that occurs sooner.

(b)(1) A member appointed by the Governor shall serve for two years at the

pleasure of the Governor, and may be reappointed for succeeding two-year periods,

provided that the member may continue to serve beyond the two-year term until the

Governor has acted and the appointee is authorized to sit and serve on the commission.

(2) A member appointed by the Senate Committee on Rules or the Speaker of

the Assembly shall serve for four years, and may be reappointed for succeeding four-

year periods, provided that the member may continue to serve beyond the four-year

term until the member’s appointing authority has acted and the appointee is authorized

to sit and serve on the commission. If the Senate Committee on Rules or the Speaker of

the Assembly has not acted within 60 days after the expiration of a member’s term, the

position shall become vacant until a person is appointed to a four-year term, calculated

from the expiration date of the preceding term.

appointing authority shall appoint a member for the remainder of the unexpired term

pursuant to this chapter.

(d) On the effective date of the act adding this subdivision, the Senate Committee

on Rules and the Speaker of the Assembly shall each appoint two members to serve

two-year terms and two members to serve four-year terms. All subsequent terms shall

be for four years.

(Amended by Ch. 380, Stats 1978; Ch. 1075, Stats 1978; Ch. 1469, Stats. 1982; Ch. 1,

2nd Ex. Sess. 2003; Ch. 97, Stats. 2022.)

Section 30313 Vacancies; notification of expected vacancies

(a) Vacancies that occur shall be filled within 30 days after the occurrence of the

vacancy, and shall be filled in the same manner in which the vacating member was

selected or appointed.

(b) The executive director of the commission shall notify the appropriate

appointing authority of any expected vacancies on the commission. If the expected

vacancy is a person qualified for membership because he or she holds a specified office

as a locally elected official, whose term of office as a locally elected official is expected

to expire or has expired, then the appointing authority shall notify the boards of

supervisors and city selection committees of each county within the affected region of

the expected vacancy.

(Amended by Ch. 1469, Stats. 1982.)

Section 30314 Compensation; expenses

(a) Except as provided in this section, members or alternates of the commission

shall serve without compensation but shall be reimbursed for actual and necessary

expenses incurred in the performance of their duties to the extent that reimbursement

for those expenses is not otherwise provided or payable by another public agency or

agencies, and shall receive fifty dollars ($50) for each full day of attending meetings of

the commission. In addition, members or alternates of the commission shall receive

twelve dollars and fifty cents ($12.50) for each hour actually spent in preparation for a

commission meeting, provided that for each meeting no more than eight hours of

preparation time shall be compensated as provided in this section.

(b) An alternate shall be entitled to payment and reimbursement for the

necessary expenses incurred in participating in commission meetings, provided that

only the member or the member’s alternate shall receive that payment and

reimbursement, and if both the member and alternate prepare for, attend, and

participate in any portion of a commission meeting, only the alternate shall be entitled to

that payment and reimbursement.

presence at, and participation in, not less than 60 percent of the total meeting time of

the commission during any particular 24-hour period.

(Amended by Ch. 1075, Stats. 1978; Ch. 285, Stats. 1991; Ch. 97, Stats. 2022.)

(PLEASE NOTE: SB 2590 (Ch. 462, Stats. 1986) added Section 11564.5 to the

Government Code to increase per diem rates for members of all boards, commissions,

or committees to one hundred dollars ($100) per day.)

Section 30315 Meetings; quorum

(a) The commission shall meet at least 11 times annually at a place

convenient to the public. Each meeting shall occur not more than 45 working

days after the

previous meeting. All meetings of the commission shall be open

to the public.

(b) A majority of the total appointed membership of the commission shall

constitute a quorum. Any action taken by the commission under this division requires a

majority vote of the members present at the meeting of the commission, with a quorum

being present, unless otherwise specifically provided for in this division.

(Amended by Ch. 919, Stats. 1979; Ch. 1087, Stats. 1980; Ch. 43, Stats. 1982; Ch.

683, Stats. 2015; Ch. 546, 2016.)

Section 30315.1 Findings; majority vote; quorum

Adoption of findings for any action taken by the commission requires a majority vote of

the members from the prevailing side present at the meeting of the commission, with at

least three of the prevailing members present and voting.

(Added by Ch. 1469, Stats. 1982. Amended by Ch. 538, Stats. 2006.)

Section 30315.5 Notice of public meeting or hearing; required availability in

English and Spanish; availability in other languages

authorized

Notwithstanding any other law, the commission shall make the notice of any public

meeting or hearing of the commission available in both English and Spanish, and may

also make the notice available in any other language.

(Added by Ch. 866, Stats. 2014.)

Section 30316 Chairperson and vice chairperson

The commission shall elect a chairperson and vice chairperson from among its

members.

(Amended by Ch. 285, Stats. 1991.)

Section 30317 Headquarters; statewide powers; regional offices

The headquarters of the commission shall be in a coastal county, but it may meet and

may exercise any or all of its powers in any part of the state. The commission may

maintain regional offices, if it finds that accessibility to, and participation by, the public

will be better served or that the provisions of this division can be implemented more

efficiently through the maintenance of those offices.

(Amended by Ch. 285, Stats. 1991.)

Section 30318 Conflict of interest

Nothing in this This division shall not preclude or prevent any a member or employee

of the commission who is also an employee of another public agency, a county

supervisor or city councilperson, member of the Association of Bay Area Governments,

member of the Association of Monterey Bay Area Governments, member of a joint

powers authority, member of a local agency formation commission, delegate to

the Southern California Association of Governments, or member of the San Diego

Comprehensive Planning Organization Association of Governments, and who has

in that designated capacity voted or acted upon a particular matter, from voting or

otherwise acting upon that matter as a member or employee of the commission.

Nothing in this This section shall not exempt any such a member or employee of the

commission from any other provision of this article.

(Amended by Ch. 285, Stats. 1991; Ch. 108, Stats. 2023.)

Section 30319 Development permit application; disclosure of

representatives; punishment

Any person who applies to the commission for approval of a development permit shall

provide the commission with the names and addresses of all persons who, for

compensation, will be communicating with the commission or commission staff on the

applicant's behalf or on behalf of the applicant's business partners. That disclosure shall

be provided to the commission prior to any such communication. Failure to comply with

that disclosure requirement is a misdemeanor and, upon conviction, the person shall be

punished by a fine of five thousand dollars ($5,000) or imprisonment in the county jail

not exceeding six months, and, in addition, shall be subject to immediate denial of the

permit.

(Added by Ch. 1114, Stats. 1992. Amended by Ch. 798, Stats. 1993.)

Section 30319.5 Denial of permit; subsequent applications; time

An applicant whose permit is denied due to the applicant’s failure to comply with Section

30319 may not apply to the commission for approval of an identical or similar project for

two years from the date of the permit denial.

(Added by Ch. 1114, Stats. 1992. Amended by Ch. 97, Stats. 2022.)

ARTICLE 2.5

FAIRNESS AND DUE PROCESS

Section 30320 Findings and declarations

(a) The people of California find and declare that the duties, responsibilities, and

quasi-judicial actions of the commission are sensitive and extremely important for the

well-being of current and future generations and that the public interest and principles of

fundamental fairness and due process of law require that the commission conduct its

affairs in an open, objective, and impartial manner free of undue influence and the

abuse of power and authority. It is further found that, to be effective, California's coastal

protection program requires public awareness, understanding, support, participation,

and confidence in the commission and its practices and procedures. Accordingly, this

article is necessary to preserve the public's welfare and the integrity of, and to maintain

the public's trust in, the commission and the implementation of this division.

(b) The people of California further find that in a democracy, due process,

fairness, and the responsible exercise of authority are all essential elements of good

government which require that the public's business be conducted in public meetings,

with limited exceptions for sensitive personnel matters and litigation, and on the official

record. Reasonable restrictions are necessary and proper to prevent future abuses and

misuse of governmental power so long as all members of the public are given adequate

opportunities to present their views and opinions to the commission through written or

oral communications on the official record either before or during the public hearing on

any matter before the commission.

(Added by Ch. 1114, Stats. 1992.)

Section 30321 Jurisdiction of commission

For purposes of this article, "a matter within the commission's jurisdiction" means any

permit action, federal consistency review, appeal, local coastal program, port master

plan, public works plan, long-range development plan, categorical or other exclusions

from coastal development permit requirements, or any other quasi-judicial matter

requiring commission action, for which an application has been submitted to the

commission.

(Added by Ch. 1114, Stats. 1992.)

Section 30322 Ex parte communications

(a) For purposes of this article, except as provided in subdivision (b), an "ex parte

communication" is any oral or written communication between a member of the

commission and an interested person, about a matter within the commission's

jurisdiction, which does not occur in a public hearing, workshop, or other official

proceeding, or on the official record of the proceeding on the matter.

(b) The following communications are not ex parte communications:

(1) Any communication between a staff member acting in their official capacity

and any commission member or interested person.

(2) Any communication limited entirely to procedural issues, including, but not

limited to, the hearing schedule, location, format, or filing date.

(3) Any communication that takes place on the record during an official

proceeding of a state, regional, or local agency that involves a member of the

commission who also serves as an official of that agency.

(4) Any communication between a member of the commission, with regard to any

action of another state agency or of a regional or local agency of which the member is

an official, and any other official or employee of that agency, including any person who

is acting as an attorney for the agency.

(5) Any communication between a nonvoting commission member and a staff

member of a state agency where both the commission member and the staff member

are acting in an official capacity.

(6) Any communication to a nonvoting commission member relating to an action

pending before the commission, where the nonvoting commission member does not

participate in that action, either through written or verbal communication, on or off the

record, with other members of the commission.

(Added by Ch. 1114, Stats. 1992. Amended by Ch. 798, Stats. 1993; Ch. 97, Stats.

2022.)

Section 30323 Interested persons

For purposes of this article, an "interested person" is any of the following:

(a) Any applicant, an agent or an employee of the applicant, or a person

receiving consideration for representing the applicant, or a participant in the proceeding

on any matter before the commission.

(b) Any person with a financial interest, as described in Article 1 (commencing

with Section 87100) of Chapter 7 of Title 9 of the Government Code, in a matter before

the commission, or an agent or employee of the person with a financial interest, or a

person receiving consideration for representing the person with a financial interest.

business, labor, trade, or similar organization who intends to influence the decision of a

commission member on a matter before the commission.

(Added by Ch. 1114, Stats. 1992.)

Section 30324 Ex parte communications; disclosure; form

(a) No commission member, nor any interested person, shall conduct an ex parte

communication unless the commission member fully discloses and makes public the ex

parte communication by providing a full report of the communication to the executive

director within seven days after the communication or, if the communication occurs

within seven days of the next commission hearing, to the commission on the record of

the proceeding at that hearing.

(b) (1) The commission shall adopt standard disclosure forms for reporting ex

parte communications which shall include, but not be limited to, all of the following

information:

(A) The date, time and location of the communication.

(B) (i) The identity of the person or persons initiating and the person or persons

receiving the communication.

(ii) The identity of the person on whose behalf the communication was made.

(iii) The identity of all persons present during the communication.

communication, including a complete set of all text and graphic material that was part of

the communication.

(2) The executive director shall place in the public record any report of an ex

parte communication.

disclosed and placed in the commission's official record.

(Added by Ch. 1114, Stats. 1992. Amended by Ch. 798, Stats. 1993; Ch. 125, Stats.

2014.)

Section 30325 Commission proceedings; testimony; written comments

Nothing in this article prohibits any person or any interested person from testifying at a

commission hearing, workshop, or other official proceeding, or from submitting written

comments for the record on a matter before the commission. Written comments shall be

submitted by mail or delivered to a commission office, or may be delivered to the

commission at the time and place of a scheduled hearing.

(Added by Ch. 1114, Stats. 1992.)

Section 30326 Commission workshops; requests

Any person, including a commission member, may request the commission staff to

conduct a workshop on any matter before the commission or on any subject that could

be useful to the commission. When the executive director determines that a request is

appropriate and feasible, a workshop shall be scheduled at an appropriate time and

location.

(Added by Ch. 1114, Stats. 1992.)

Section 30327 Commission decision; influence; unreported ex parte

communication; civil fine; attorneys’ fees and costs

(a) No commission member or alternate shall make, participate in making, or any

other way attempt to use their official position to influence a commission decision about

which the member or alternate has knowingly had an ex parte communication that has

not been reported pursuant to Section 30324.

(b) In addition to any other applicable penalty, including a civil fine imposed

pursuant to Section 30824, a commission member who knowingly violates this section

shall be subject to a civil fine, not to exceed seven thousand five hundred dollars

($7,500). Notwithstanding any law to the contrary, the court may award attorney's fees

and costs to the prevailing party.

(Added by Ch. 1114, Stats. 1992. Amended by Ch. 798, Stats. 1993; Ch. 97, Stats.

2022.)

Section 30327.5 Gifts to commissioner or member of commission’s staff

(a) An interested person shall not give, convey, or make available gifts

aggregating more than ten dollars ($10) in a calendar month to a commissioner or a

member of the commission's staff.

(b) A commissioner or member of the commission's staff shall not accept gifts

aggregating more than ten dollars ($10) in a calendar month from an interested person.

meaning as the term is defined in Section 30323.

(d) For purposes of this section, "gift" means, except as provided in subdivision

(e), a payment, as defined in Section 82044 of the Government Code, that confers a

personal benefit on the recipient, to the extent that consideration of equal or greater

value is not received and includes a rebate or discount in the price of anything of value

unless the rebate or discount is made in the regular course of business to members of

the public without regard to official status. A person, other than a defendant in a criminal

action, who claims that a payment is not a gift by reason of receipt of consideration has

the burden of proving that the consideration received is of equal or greater value.

(e) For purposes of this section, "gift" does not include any of the following:

(1) A gift that is not used and that, within 30 days after receipt, is either returned

to the donor or delivered to a nonprofit entity exempt from taxation under Section

501(c)(3) of the Internal Revenue Code without being claimed as a charitable

contribution for tax purposes.

(2) A gift from an individual's spouse, child, parent, grandparent, grandchild,

brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or

first cousin, or the spouse of one of those individuals. However, a gift from one of those

people shall be considered a gift if the donor is acting as an agent or intermediary for a

person not covered in this paragraph.

(3) A cost associated with the provision of evidentiary material provided to the

commission and its staff.

(4) An educational or training activity that has received prior approval from the

commission.

(5) A field trip or site inspection that is made available on equal terms and

conditions to all commissioners and appropriate staff.

(6) A reception or purely social event that is not offered in connection with or is

not intended to influence a decision or action of the commission and that is open to all

commissioners, members of the staff, and members of the public and press.

(Added by Ch. 663, Stats. 2007. Amended by Ch. 179, Stats. 2008.)

Section 30327.6 Violations of Section 30327.5; penalties

(a) (1) Except as provided in paragraph (2), a person who for compensation

attempts to influence or affect the outcome of a commission decision or action and who

violates Section 30327.5 may, in addition to any other applicable penalty, be barred

from any activity seeking to influence or affect the outcome of a commission decision or

action for a period of up to one year from the date of the finding of the violation. Each

violation shall be grounds for the person being barred from any activity seeking to

influence or affect a commission decision or action for an additional year from the date

of conviction.

(2) This section does not prohibit an individual from representing the individual’s

own self in seeking to influence or affect the outcome of a commission decision or

action if that individual is acting solely on their own personal behalf and not on behalf of

another person or entity.

(b) A person who violates Section 30327.5 shall, in addition to any other

applicable penalty, be subject to a civil fine not to exceed five hundred dollars ($500) for

each violation.

(Added by Ch. 663, Stats. 2007. Amended by Ch. 179, Stats. 2008; Ch. 97, Stats.

2022.)

Section 30328 Violations; remedies

If a violation of this article occurs and a commission decision may have been affected

by the violation, an aggrieved person, as described in Section 30801, may seek a writ of

mandate from a court requiring the commission to revoke its action and rehear the

matter.

(Added by Ch. 1114, Stats, 1992.)

Section 30329 Applicable law

Notwithstanding Section 11425.10 of the Government Code, the ex parte

communications provisions of the Administrative Procedure Act (Article 7 (commencing

with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the

Government Code) do not apply to proceedings of the California Coastal Commission

under this division.

(Added by Ch. 938, Stats, 1995.)

ARTICLE 3

POWERS AND DUTIES

Section 30330 Responsibility for implementation; coastal zone planning and

management agency; certificates of conformity; San Francisco

Bay Conservation and Development Commission

The commission, unless specifically otherwise provided, shall have the primary

responsibility for the implementation of the provisions of this division and is designated

as the state coastal zone planning and management agency for any and all purposes,

and may exercise any and all powers set forth in the Federal Coastal Zone

Management Act of 1972 (16 U.S.C. 1451, et seq.) or any amendment thereto or any

other federal act heretofore or hereafter enacted that relates to the planning or

management of the coastal zone.

In addition to any other authority, the commission may, except for a facility defined in

Section 25110, grant or issue any certificate or statement required pursuant to any such

federal law that an activity of any person, including any local, state, or federal agency, is

in conformity with the provisions of this division. With respect to any project outside the

coastal zone that may have a substantial effect on the resources within the jurisdiction

of the San Francisco Bay Conservation and Development Commission, established

pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and

for which any certification is required pursuant to the Federal Coastal Zone

Management Act of 1972 (16 U.S.C. 1451, et seq.), such certification shall be issued by

the Bay Conservation and Development Commission; provided however, the

commission may review and submit comments for any such project which affects

resources within the coastal zone.

Section 30331 Successor to California Coastal Zone Conservation

Commission and regional commissions

The commission is designated the successor in interest to all remaining obligations,

powers, duties, responsibilities, benefits, and interests of any sort of the California

Coastal Zone Conservation Commission and of the six regional coastal zone

conservation commissions established by the California Coastal Zone Conservation Act

of 1972 (commencing with Section 27000).

Section 30333 Rules and regulations

(a) Except as provided in Section 18930 of the Health and Safety Code, the

commission may adopt or amend, by vote of a majority of the appointed membership of

the commission, rules and regulations to carry out the purposes and provisions of this

division, and to govern procedures of the commission.

(b) Except as provided in Section 18930 of the Health and Safety Code and

paragraph (3) of subdivision (a) of Section 30620, these rules and regulations shall be

adopted in accordance with the provisions of Chapter 3.5 (commencing with Section

11340) of Part 1 of Division 3 of Title 2 of the Government Code. These rules and

regulations shall be consistent with this division and other applicable law.

(Amended by Ch. 1152, Stats. 1979; Ch. 1173, Stats. 1981; Ch. 43, Stats. 1982; Ch.

472, Stats. 2013.)

Section 30333.1 Review of regulations and procedures

The commission shall periodically review its regulations and procedures and determine

what revisions, if any, are necessary and appropriate to simplify and expedite the review

of any matter that is before the commission for action pursuant to this division. The

commission shall implement, within 60 days of the review any such revisions it

determines to be appropriate, so that its regulations and procedures may continue to be

as simple and expeditious as practicable.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 285, Stats. 1991; Ch. 294, Stats.

2006.)

Section 30333.2 Restrictions on adoption of building standards

Notwithstanding any other provision of law and except as provided in the State Building

Standards Law, Part 2.5 (commencing with Section 18900) of Division 13 of the Health

and Safety Code, the commission shall not adopt nor publish a building standard as

defined in Section 18909 of the Health and Safety Code unless the provisions of

Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and

Safety Code are expressly excepted in the statute under which the authority to adopt

rules, regulations, or orders is delegated. A building standard adopted in violation of this

section shall have no force or effect. A building standard expressly required by a

provision of federal law, specifically requiring that building standard, shall be adopted

and published in the State Building Standards Code within the time required by federal

law.

(Added by Ch. 1152, Stats. 1979. Amended by Ch. 285. Stats. 1991, Ch. 294, Stats.

2006.)

Section 30333.5 (Repealed by Ch. 1173, Stats. 1981.)

Section 30334 Powers

The commission may do the following:

(a) Contract for any private professional or governmental services, if the work or

services cannot be satisfactorily performed by its employees.

(b) Sue and be sued. The Attorney General shall represent the commission in

any litigation or proceeding before any court, board, or agency of the state or federal

government.

(Amended by Ch. 285, Stats. 1991.)

Section 30334.5 Application for and acceptance of grants and contributions

In addition to the authority granted by Section 30334 the commission may apply for and

accept grants, appropriations, and contributions in any form.

Section 30335 Executive director; employees

The commission shall appoint an executive director who shall be exempt from civil

service and shall serve at the pleasure of the commission. The commission shall

prescribe the duties and salaries of the executive director, and, consistent with

applicable civil service laws, shall appoint and discharge any officer, house staff

counsel, or employee of the commission as it deems necessary to carry out the

provisions of this division.

(Amended by Ch. 1173, Stats. 1981; Ch. 97, Stats. 2022.)

Section 30335.1 Employees to give procedural assistance

The commission shall provide for appropriate employees on the staff of the commission

to assist applicants and other interested parties in connection with matters which are

before the commission for action. The assistance rendered by those employees shall be

limited to matters of procedure and shall not extend to advice on substantive issues

arising out of the provisions of this division, such as advice on the manner in which a

proposed development might be made consistent with the policies specified in Chapter

3 (commencing with Section 30200).

(Added by Ch. 919, Stats. 1979. Amended by Ch. 285, Stats. 1991.)

Section 30335.5 Scientific panels; establishment to give technical advice and

recommendations to commission

(a) The commission shall, if it determines that it has sufficient resources,

establish one or more scientific panels to review technical documents and reports and

to give advice and make recommendations to the commission prior to making decisions

requiring scientific expertise and analysis not available to the commission through its

staff resources. It is the intent of the Legislature that the commission base any such

technical decisions on scientific expertise and advice. The panel or panels may be

composed of, but not limited to, persons with expertise and training in marine biology,

fisheries, geology, coastal geomorphology, geographic information systems, water

quality, hydrology, ocean and coastal engineering, economics, and social sciences.

(b) Members of a panel, while performing duties required by this division or by

the commission, shall be entitled to the same rights and immunities granted public

employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of

Division 3.6 of Title 1 of the Government Code. Those rights and immunities shall attach

to the member as of the date of appointment of the person to the panel.

private source, and may apply for and expend any grant or endowment funds, for the

purposes of this section. Any funding made available to the commission for these

purposes shall be reported to the fiscal committee of each house of the Legislature at

the time the commission's budget is being formally reviewed.

(d) The commission is encouraged to utilize innovative techniques to increase

effective communication between the commission and the scientific community,

including the use of existing grant programs and volunteers, in order to improve and

strengthen the technical basis of its planning and regulatory decisions.

(Added by Ch. 965, Stats. 1992.)

Section 30336 Planning and regulatory assistance to local governments

The commission shall, to the maximum extent feasible, assist local governments in

exercising the planning and regulatory powers and responsibilities provided for by this

division where the local government elects to exercise those powers and responsibilities

and requests assistance from the commission, and shall cooperate with and assist other

public agencies in carrying out this division. Similarly, every public agency, including

regional and state agencies and local governments, shall cooperate with the

commission and shall, to the extent their resources permit, provide any advice,

assistance, or information the commission may require to perform its duties and to more

effectively exercise its authority.

(Amended by Ch. 285, Stats. 1991.)

Section 30337 Joint development permit application system; hearing

procedures

The commission shall, where feasible, and in cooperation with the affected agency,

establish a joint development permit application system and public hearing procedures

with permit issuing agencies.

Section 30338 Regulations for timing of review of proposed treatment works

By May 1, 1977, the commission, after full consultation with the State Water Resources

Control Board, shall adopt regulations for the timing of its review of proposed treatment

works pursuant to the provisions of subdivision (c) of Section 30412.

Section 30339 Duties, generally

The commission shall:

(a) Ensure full and adequate participation by all interested groups and the public

at large in the commission's work program.

(b) Ensure that timely and complete notice of commission meetings and public

hearings is disseminated to all interested groups and the public at large.

participating in commission proceedings.

(d) Recommend to any local government preparing or implementing a local

coastal program and to any state agency that is carrying out duties or responsibilities

pursuant to this division, additional measures to assure open consideration and more

effective public participation in its programs or activities.

(Amended by Ch. 714, Stats. 1981; Ch. 285, Stats. 1991.)

Section 30340 Management and budgeting of funds

The commission shall manage and budget any funds that may be appropriated,

allocated, granted, or in any other way made available to the commission for

expenditure.

(Amended by Ch. 285, Stats. 1991; Ch. 589, Stats. 1993.)

Section 30340.5 Local coastal programs; use of federal funds; reimbursement

of local governments; claims; forms; review

(a) It is the policy of the state that no less than 50 percent of funds received by

the state from the federal government pursuant to the Federal Coastal Zone

Management Act of 1972 (16 U.S.C. Sec. 1451, et seq.), shall be used for the

preparation, review, approval, certification, and implementation of local coastal

programs.

(b) A local government subject to this division may claim reimbursement of costs

incurred as a direct result of the operation of or any requirement promulgated pursuant

to this division. Notwithstanding any other provision of law, a claim for reimbursement of

mandated costs directly attributable to the operation of this division shall only be

submitted, reviewed and approved in the manner set forth in this section.

the commission no later than September 30. The executive director shall review the

claim in accordance with this section and shall submit the claim to the Controller within

60 days after receipt of a claim but in no event later than November 30.

(d) A claim submitted pursuant to this section shall be filed on forms approved

and prepared by the commission in consultation with the Controller. The forms shall

specify the information needed to enable the executive director of the commission and

the Controller to make the determinations required by subdivision (e). The forms shall

clearly set forth information requirements for the evaluation of the following categories

of costs:

(1) Costs for work relating to the preparation, review, and approval of a local

coastal program or portion of a program.

(2) Costs for work that is not covered by paragraph (1).

The claim forms required by this section shall provide for claims of actual costs

incurred during the fiscal year preceding submittal and for the costs the claimant local

government estimates will be incurred during the then-current fiscal year.

(e) The executive director shall review and evaluate each claim submitted

pursuant to this section and shall determine whether:

(1) The costs claimed are not paid for or reimbursed from any other source of

state or federal funding.

(2) The costs are for work that is the direct result of and is mandated by the

operation of this division or by the commission or whether the work is optional.

(3) With respect to costs specified in paragraph (1) of subdivision (d), the work

done or to be done is reasonable and necessary for the preparation and approval of a

local coastal program pursuant to a local coastal program work program approved by

the commission, or for work that is not part of an approved work program if the work can

be shown to be necessary for the completion of a certifiable local coastal program or if

new information or other circumstances cause the commission to require that the work

be carried out.

(f) The executive director of the commission shall submit to the Controller, on

behalf of each claimant local government, all claims submitted pursuant to this section

together with the executive director’s recommendation whether the Controller should

allow or deny, in whole or in part, the claim. The executive director's recommendation

shall be based on their determinations made pursuant to subdivision (e). If the executive

director fails to make a recommendation by the time a claim is required to be submitted

to the Controller as provided in subdivision (c), the executive director is deemed to have

recommended approval of the claim.

(g) Section 17561 of the Government Code shall apply to a claim filed pursuant

to this section. However, where a conflict between Section 17561 of the Government

Code and this section occurs, the conflict shall be resolved in a manner that best carries

out the purposes of this section. The Controller shall apply the criteria of subdivision (e)

in determining whether to allow or deny, in whole or in part, a claim and shall consider

the recommendations of the executive director of the commission.

(Added by Ch. 1075, Stats. 1978. Amended by Ch. 714, Stats. 1981; Ch. 1308, Stats.

1983; Ch. 294, Stats. 2006; Ch. 130, Stats. 2007; Ch. 97, Stats. 2022.)

Section 30340.6 Local coastal programs; legislative intent; mandated costs to

be paid with state or federal funds; failure of appropriations;

postponement of obligations; exception

(a) It is the intent of the Legislature that all costs mandated by the operation of

this division be paid either with state or federal funds or both. The Legislature hereby

declares that Section 30340.5 is designed to ensure that local governments are paid for

legitimate claims for costs mandated by this division or the commission, costs for work

which is not optional, and costs which are not otherwise reimbursed.

(b) In the event a claimed mandated cost has been approved by the Controller

pursuant to Section 30340.5 and the Legislature fails to appropriate the funds to pay

such claims by special legislation or in the annual state budget for the fiscal year

following approval of such claims by the Controller, except the date specified in Section

30518, any dates specified in this division or by order of the commission for the

submission of a local coastal program or any portion thereof or for the performance of

any task or duty by a claimant local government whose approved claim has not been

paid shall, at the request of such claimant local government, be postponed by the

number of years elapsing between such specified date and the year in which the funds

to pay the approved claim are provided.

Legislature determines that such local government's claim should not be paid because

such claim is not of the type intended to be subject to reimbursement pursuant to

Section 30340.5.

(Added by Ch. 1075, Stats. 1978. Amended by Ch. 1109 and Ch. 1128, Stats. 1979.)

Section 30341 Additional plans and maps; studies

The commission may prepare and adopt any additional plans and maps and undertake

any studies it determines to be necessary and appropriate to better accomplish the

purposes, goals, and policies of this division; provided, however, that the plans and

maps shall only be adopted after public hearing.

(Amended by Ch. 285, Stats. 1991.)

Section 30342 (Repealed by Ch. 294, Stats. 2006.)

Section 30343 (Repealed by Ch. 294, Stats. 2006.)

Section 30344 Guide to coastal resources; components; purpose;

production; distribution

(a) The Legislature hereby finds and declares that the coastal zone is one of its

most precious natural resources, rich in diversity of living and nonliving resources and in

the wide range of opportunities it provides for the use and conservation by the people of

this state and nation. The Legislature further finds that, in order to promote the wise use

of coastal resources for, among other things, recreation, habitat conservation,

educational, and scientific study, the production of food and fiber, residential purposes,

and economic growth, it is necessary to provide the public with an informative and

educational guide to coastal resources.

(b) The commission shall, not later than July 1, 1984, prepare a guide to coastal

resources. The guide shall include, but not be limited to, the following components:

(l) An inventory of the natural resources which are of environmental, social,

economic, and educational importance to the public. The inventory shall include a

description of the resources, their location, and their significance to the people and the

natural environment.

(2) An inventory of manmade resources of cultural, historic, economic, and

educational importance to the public. The inventory shall focus on those resources

which, by virtue of their location in or near the coastal zone, take on a special character

or which, because of their nature, require a coastal location. The inventory shall include

a description of the resource and any historic, educational, and technical notes of

interest.

(3) A listing of public and private entities having responsibility for the planning,

management, use, and restoration of the coastal resources and how interested persons

can contact those entities for further information about their projects and programs.

The purpose of this guide shall be to contribute to a better understanding by the

public of the importance of coastal resources, both to the quality of life for people and to

the maintenance of a healthy and productive natural environment. The guide shall be

sensitive to the need for a balanced approach to the conservation and use of coastal

resources, to the rights and responsibilities of individuals and the public in the protection

and use of these resources, and the need to limit human use of some resources in

order to avoid their degradation or destruction. The guide shall not be a policy guide, but

rather it shall be an educational tool to increase the public understanding and

appreciation of the value of California's coastal resources.

production, and distribution of the guide so as to minimize costs to the public. To this

end, the commission is encouraged to enlist the voluntary assistance of private and

public organizations with appropriate expertise. In addition, the commission shall seek

grants from private and public institutions to augment its limited funding.

Notwithstanding Section 14850 of the Government Code or any other provision

of law, the commission may contract for the production of this guide with any public or

private entity in order to meet the objective of this section.

(d) The guide shall be written and illustrated so as to be easily understood by the

general public and shall be set forth in a format that ensures its usefulness.

(e) The guide shall be made available to the public at a reasonable cost.

(Added by Ch. 1470, Stats. 1982.)

ARTICLE 4

LOCAL COASTAL PROGRAM IMPLEMENTATION COSTS

Section 30350 State policy; claims; intent

(a) It is the policy of the state that local governments be paid their legitimate

costs, from either state or federal funds, for the implementation of certified local coastal

programs; provided, however, that such payment shall only be available for those costs

directly attributable to the operation of a certified local coastal program and which costs

would not have been incurred but for such local coastal program and which costs are

not of a nature which would normally be incurred by such local government in carrying

out its land use planning and regulatory responsibilities pursuant to any provision of law

other than this division.

(b) Notwithstanding any other provision of law to the contrary, claims for payment

of costs directly attributable to the operation and implementation of a certified local

coastal program shall only be submitted, reviewed, and approved in the manner set

forth in, and pursuant to the provisions of, this article.

ensures the orderly and carefully monitored expenditure of limited public funds for

payment of such costs, the incurring of which is hereby recognized as being in the

interest of all the people of this state because they carry out state policies for the wise,

long-term conservation and use of coastal resources.

(Added by Ch. 919, Stats. 1979.)

Section 30351 Local coastal program implementation grants; purpose;

procedures

The commission shall, not later than July 1, 1980, prepare and adopt procedures for the

issuance and management of local coastal program implementation grants. The

purpose of the grants program is to provide, to the extent funds are available, financial

assistance for local governments and, in cases the commission deems appropriate,

other public agencies to carry out certified local coastal programs. The procedures

required by this section shall specify, consistent with the criteria set forth in subdivision

(a) of Section 30350, the categories of expenditures eligible for implementation grants

and shall include procedures for application, review, approval, and disbursement of

grant funds.

(Added by Ch. 919, Stats. 1979.)

Section 30352 Reimbursement of costs; claims

(a) Any local government carrying out its certified local coastal programs may,

upon the delegation of the development review authority pursuant to Section 30519,

claim reimbursement of costs incurred for the implementation of such local coastal

program if costs have not been provided in an implementation grant issued pursuant to

Section 30351.

(b) Claims made pursuant to this article shall be submitted to the executive

director of the commission not later that September 30 immediately following the fiscal

year during which the claimed costs were incurred. The executive director shall review

such claims in accordance with the provisions of this article and shall submit all such

claims to the Controller within 60 days after receipt of a claim, but in no event later than

November 30.

and prepared by the commission in consultation with the Controller. Such forms shall

specify the information needed to enable the executive director of the commission and

the Controller to make the determinations required by Section 30353. The claim forms

required by this section shall provide for claims of actual costs incurred during the fiscal

year preceding submittal and for the costs the claimant local government estimates will

be incurred during the then-current fiscal year.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 1308, Stats. 1983.)

Section 30353 Reimbursable costs; criteria

Payment for costs claimed pursuant to this article shall be made only for costs which,

but for the operation of a certified local coastal program, would not have been incurred

by the claimant local government and if the following criteria are met:

(a) Costs for establishing a regulatory program to implement a certified local

coastal program, including costs for the preparation and printing of public information

materials, application forms, establishing new procedures, and staff training are

payable. The costs specified in this subdivision include initial startup costs incurred over

a period not to exceed one year from the date a certified local coastal program has

been adopted for implementation by the appropriate local government.

(b) A fixed payment not to exceed ten dollars ($10) per permit application for any

development subject to a certified local coastal program may be claimed and paid. The

payment specified in this subdivision is intended to cover general costs, including costs

for public notice, notice and submittal of files to the commission, and appearances

before the commission.

pursuant to a certified local coastal program shall normally not be eligible for

reimbursement because these types of activities should either be incorporated within

the routine regulatory process of the local government or, at the discretion of such local

government, be paid for from reasonable permit fees. A local government may,

however, request payment for increased regulatory costs if it can show that either or

both of the following special circumstances apply within its jurisdiction:

(1) In jurisdictions with a population of less than 10,000, the existing regulatory

program of the local government is not capable of processing and reviewing additional

coastal development permits pursuant to a certified local coastal program and where

such increased costs could not reasonably be expected to be covered by permit fees.

(2) The regulatory program included in a certified local coastal program requires

the discharge of resource management functions that exceed the level of regulatory

review normally required or undertaken by the local government.

(d) Costs for enforcement of regulatory requirements that are directly related to

local coastal program implementation, such as ensuring compliance with coastal

development permit terms and conditions, are payable, if the enforcement activities are

not of a type routinely undertaken or of a type required by law as part of the affected

local government's normal regulatory responsibilities.

(e) Litigation costs which, but for the operation of a certified local coastal

program, would not have been incurred may be paid. Where an action is brought

against a local government and such action states as a principal cause of action the

operation of such local government's local coastal program and the local government

prevails in such action, litigation costs may be paid to the extent such costs are not

assessed against the party bringing the action. Where the local government loses such

action primarily on grounds it has failed to properly carry out its certified local coastal

program, litigation costs shall not be paid. In accordance with procedures established by

the executive director of the commission in consultation with the Attorney General,

litigation costs may be paid prior to the rendering of a final judgment in the action, if the

Attorney General has intervened in the action in support of the local government's

position, the amount paid does not exceed five hundred thousand dollars ($500,000),

and the amount paid is equal to or greater than 5 percent of the local government's

general revenues as published in the most recent version of "Cities Annual Report" by

the Controller. The local government shall reimburse the state from any costs recovered

after a final judgment is rendered in the action.

(f) If additional planning is required by the commission as a condition of its

certification of any local coastal program, costs for the additional planning are payable.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 1087, Stats. 1980; Ch. 1104, Stats.

2002.)

Section 30354 Review and evaluation of claims; submission to controller;

recommendations; determination

(a) The executive director of the commission shall review and evaluate each

claim submitted pursuant to this article and shall determine whether:

(1) The costs claimed meet the requirements of this article.

(2) The costs claimed are not paid for or reimbursed from any other source of

state or federal funding.

(3) The claimed costs are reasonable for the implementation of a certified local

coastal program.

(b) The executive director of the commission shall submit to the Controller, on

behalf of each claimant local government, all claims submitted pursuant to this section

together with the executive director’s recommendation whether the Controller should

allow or deny, in whole or in part, the claim. A copy of each claim shall also be sent to

the claimant local government at the time such claim is submitted to the Controller. The

executive director's recommendation shall be based on their determinations made

pursuant to this article. If the executive director fails to make a recommendation by the

time claims are required to be submitted to the Controller, as provided in subdivision (b)

of Section 30352, the executive director shall be deemed to have recommended

approval of the claim.

claims filed pursuant to this article, provided that where a conflict between Section

17561 of the Government Code and this article occurs, the conflict shall be resolved in a

manner that best carries out the purposes of this article. The Controller shall apply the

criteria of this article in determining whether to allow or deny, in whole or in part, a claim

and shall consider the recommendations of the executive director of the commission.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 97, Stats. 2022.)

Section 30355 Certified local coastal program

As used in this article, "certified local coastal program" means any portion of a local

coastal program that has been certified.

(Added by Ch. 919, Stats. 1979.)

CHAPTER 5

STATE AGENCIES

ARTICLE l

GENERAL

Section

30400 Legislative intent; limitation on powers, duties and responsibilities

30401 Effect on existing state agencies; construction of chapter

30402 Compliance with division

30403 Assumptions

30404 Recommendations; agency review; reports

ARTICLE 2

STATE AGENCIES

Section

30410 San Francisco Bay Conservation and Development Commission; ports

30411 Department of Fish and Wildlife; Fish and Game Commission; control of

wildlife and fishery management programs; study of wetlands; aquaculture

30412 State Water Resources Control Board and regional water quality control

boards

30413 State Energy Resources Conservation and Development Commission

30414 State Air Resources Board and local air pollution control districts

30415 Director of Office of Planning and Research

30416 State Lands Commission

30417 State Board of Forestry and Fire Protection; special treatment areas

30418 Geologic Energy Management Division

30419 Boating facilities; economic feasibility; evaluation

30420 Actions relating to disposal of hazardous substances at sea; consultation

with specified government entities

30421 Sea level rise

ARTICLE l

GENERAL

Section 30400 Legislative intent; limitation on powers, duties and

responsibilities

(a) It is the intent of the Legislature to minimize duplication and conflicts among

existing state agencies carrying out their regulatory duties and responsibilities.

(b) In the absence of a specific authorization set forth in this division or any other

provisions of law or in an agreement entered into with the commission, no state agency,

including the Office of Planning and Research, shall exercise any powers or carry out

any duties or responsibilities established by this division or by the Federal Coastal Zone

Management Act of 1972 (16 U.S.C. 1451 et seq.) or any amendment thereto. The

Director of the Office of Planning and Research shall in carrying out the director’s duties

as set forth in Section 30415, ensure that the provisions of this section are carried out.

(Amended by Ch. 323, Stats. 1983; Ch. 97, Stats. 2022.)

Section 30401 Effect on existing state agencies; construction of chapter

Except as otherwise specifically provided in this division, enactment of this division does

not increase, decrease, duplicate or supersede the authority of any existing state

agency.

This chapter shall not be construed to limit in any way the regulatory controls over

development pursuant to Chapters 7 (commencing with Section 30600) and 8

(commencing with Section 30700), except that the commission shall not set standards

or adopt regulations that duplicate regulatory controls established by any existing state

agency pursuant to specific statutory requirements or authorization.

(Amended by Ch. 285, Stats. 1991.)

Section 30402 Compliance with division

All state agencies shall carry out their duties and responsibilities in conformity with this

division.

Section 30403 Assumption

It is the intent of the Legislature that the policies of this division and all local coastal

programs prepared pursuant to Chapter 6 (commencing with Section 30500) should

provide the common assumptions upon which state functional plans for the coastal zone

are based in accordance with the provisions of Section 65036 of the Government Code.

Section 30404 Recommendations; agency review; reports

The Natural Resources Agency shall periodically, in the case of the State Energy

Resources Conservation and Development Commission, the State Board of Forestry

and Fire Protection, the State Water Resources Control Board and the California

regional water quality control boards, the State Air Resources Board and air pollution

control districts and air quality management districts, the Department of Fish and

Wildlife, the Department of Parks and Recreation, the California Geological Survey and

the Geologic Energy Management Division in the Department of Conservation, and the

State Lands Commission, and may, with respect to any other state agency, submit

recommendations designed to encourage the state agency to carry out its functions in a

manner consistent with this division. The recommendations may include proposed

changes in administrative regulations, rules, and statutes.

(Amended by Ch. 427, Stats. 1992; Ch. 972, Stats. 1998; Ch. 869, Stats. 2006; Ch.

728, Stats. 2012, Ch. 771, Stats. 2019; Ch. 97, Stats. 2022.)

ARTICLE 2

STATE AGENCIES

Section 30410 San Francisco Bay Conservation and Development

Commission; ports

(a) The commission and the San Francisco Bay Conservation and Development

Commission shall conduct a joint review of this division and Title 7.2 (commencing with

Section 66600) of the Government Code to determine how the program administered by

the San Francisco Bay Conservation and Development Commission shall be related to

this division. Both commissions shall jointly present their recommendations to the

Legislature not later than July 1, 1978.

(b) It is the intent of the Legislature that the ports under the jurisdiction of the San

Francisco Bay Conservation and Development Commission, including the Ports of San

Francisco, Oakland, Richmond, Redwood City, Encinal Terminals, and Benecia, should

be treated no less favorably than the ports under the jurisdiction of the commission

covered in Chapter 8 (commencing with Section 30700) under the terms of any

legislation which is developed pursuant to such study.

Section 30411 Department of Fish and Wildlife; Fish and Game Commission;

control of wildlife and fishery management programs; study of

wetlands; aquaculture

(a) The Department of Fish and Wildlife and the Fish and Game Commission are

the principal state agencies responsible for the establishment and control of wildlife and

fishery management programs and the commission shall not establish or impose any

controls with respect thereto that duplicate or exceed regulatory controls established by

these agencies pursuant to specific statutory requirements or authorization.

(b) The Department of Fish and Wildlife, in consultation with the commission and

the Division of Boating and Waterways within the Department of Parks and Recreation,

may study degraded wetlands and identify those which can most feasibly be restored in

conjunction with development of a boating facility as provided in subdivision (a) of

Section 30233. Any such study shall include consideration of all of the following:

(1) Whether the wetland is so severely degraded and its natural processes so

substantially impaired that it is not capable of recovering and maintaining a high level of

biological productivity without major restoration activities.

(2) Whether a substantial portion of the degraded wetland, but in no event less

than 75 percent, can be restored and maintained as a highly productive wetland in

conjunction with a boating facilities project.

(3) Whether restoration of the wetland's natural values, including its biological

productivity and wildlife habitat features, can most feasibly be achieved and maintained

in conjunction with a boating facility or whether there are other feasible ways to achieve

these values.

aquaculture is a coastal-dependent use which should be encouraged to augment food

supplies and to further the policies set forth in Chapter 4 (commencing with Section

825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it

determines to be appropriate for aquaculture facilities. If the department identifies these

sites, it shall transmit information identifying the sites to the commission and the

relevant local government agency. The commission and, where appropriate, local

governments shall, consistent with the coastal planning requirements of this division,

provide for as many coastal sites identified by the Department of Fish and Wildlife for

any uses that are consistent with the policies of Chapter 3 (commencing with Section

30200).

(d) Any agency of the state owning or managing land in the coastal zone for

public purposes shall be an active participant in the selection of suitable sites for

aquaculture facilities and shall make the land available for use in aquaculture when

feasible and consistent with other policies of this division and other law.

(Amended by Ch. 187, Stats. 1979; Ch. 1486, Stats. 1982; Ch. 1300, Stats. 1983; Ch.

285, Stats. 1991; Ch. 810, Stats. 1995; Ch. 36, Stats. 2006; Ch. 113, Stats. 2015; Ch.

86, Stats. 2016.)

Section 30412 State Water Resources Control Board and Regional Water

Quality Control Boards

(a) In addition to Section 13142.5 of the Water Code, this section shall apply to

the commission and the State Water Resources Control Board and the California

regional water quality control boards.

(b) The State Water Resources Control Board and the California regional water

quality control boards are the state agencies with primary responsibility for the

coordination and control of water quality. The State Water Resources Control Board has

primary responsibility for the administration of water rights pursuant to applicable law.

The commission shall assure that proposed development and local coastal programs

shall not frustrate this section. The commission shall not, except as provided in

subdivision (c), modify, adopt conditions, or take any action in conflict with any

determination by the State Water Resources Control Board or any California regional

water quality control board in matters relating to water quality or the administration of

water rights.

Except as provided in this section, nothing herein shall be interpreted in any way

either as prohibiting or limiting the commission, local government, or port governing

body from exercising the regulatory controls over development pursuant to this division

in a manner necessary to carry out this division.

provides service to any area within the coastal zone that constitutes a treatment work

shall be reviewed by the commission and any permit it issues, if any, shall be

determinative only with respect to the following aspects of the development:

(1) The siting and visual appearance of treatment works within the coastal zone.

(2) The geographic limits of service areas within the coastal zone which are to be

served by particular treatment works and the timing of the use of capacity of treatment

works for those service areas to allow for phasing of development and use of facilities

consistent with this division.

(3) Development projections which determine the sizing of treatment works for

providing service within the coastal zone.

The commission shall make these determinations in accordance with the policies

of this division and shall make its final determination on a permit application for a

treatment work prior to the final approval by the State Water Resources Control Board

for the funding of such treatment works. Except as specifically provided in this

subdivision, the decisions of the State Water Resources Control Board relative to the

construction of treatment works shall be final and binding upon the commission.

(d) The commission shall provide or require reservations of sites for the

construction of treatment works and points of discharge within the coastal zone

adequate for the protection of coastal resources consistent with the provisions of this

division.

(e) Nothing in this section shall require the State Water Resources Control Board

to fund or certify for funding, any specific treatment works within the coastal zone or to

prohibit the State Water Resources Control Board or any California regional water

quality control board from requiring a higher degree of treatment at any existing

treatment works.

(Amended by Ch. 285, Stats. 1991.)

Section 30413 State Energy Resources Conservation and Development

Commission

(a) In addition to the provisions set forth in subdivision (f) of Section 30241, and

in Sections 25302, 25500, 25507, 25508, 25510, 25514, 25516.1, 25523, and 25526,

the provisions of this section shall apply to the commission and the State Energy

Resources Conservation and Development Commission with respect to matters within

the statutory responsibility of the latter.

(b) The commission shall, prior to January 1, 1978, and after one or more public

hearings, designate those specific locations within the coastal zone where the location

of a facility as defined in Section 25110 would prevent the achievement of the objectives

of this division; provided, however, that specific locations that are presently used for

such facilities and reasonable expansion thereof shall not be so designated. Each such

designation shall include a description of the boundaries of those locations, the

objectives of this division which would be so affected, and detailed findings concerning

the significant adverse impacts that would result from development of a facility in the

designated area. The commission shall consider the conclusions, if any, reached by the

State Energy Resources Conservation and Development Commission in its most

recently promulgated comprehensive report issued pursuant to Section 25309. The

commission shall transmit a copy of its report prepared pursuant to this subdivision to

the State Energy Resources Conservation and Development Commission.

to January 1, 1980, and once every two years thereafter until January 1, 1990, revise

and update the designations specified in subdivision (b). After January 1, 1990, the

commission shall revise and update those designations not less than once every five

years. Those revisions shall be effective on January 1, 1980, or on January 1 of the

year following adoption of the revisions. The provisions of subdivision (b) shall not apply

to any sites and related facilities specified in any notice of intention to file an application

for certification filed with the State Energy Resources Conservation and Development

Commission pursuant to Section 25502 prior to designation of additional locations made

by the commission pursuant to this subdivision.

(d) Whenever the State Energy Resources Conservation and Development

Commission exercises its siting authority and undertakes proceedings pursuant to the

provisions of Chapter 6 (commencing with Section 25500) of Division 15 with respect to

any thermal powerplant or transmission line to be located, in whole or in part, within the

coastal zone, the commission shall participate in those proceedings and shall receive

from the State Energy Resources Conservation and Development Commission any

notice of intention to file an application for certification of a site and related facilities

within the coastal zone. The commission shall analyze each notice of intention and

shall, prior to completion of the preliminary report required by Section 25510, forward to

the State Energy Resources Conservation and Development Commission a written

report on the suitability of the proposed site and related facilities specified in that notice .

The commission's report shall contain a consideration of, and findings regarding, all of

the following:

(1) The compatibility of the proposed site and related facilities with the goal of

protecting coastal resources.

(2) The degree to which the proposed site and related facilities would conflict with

other existing or planned coastal-dependent land uses at or near the site.

(3) The potential adverse effects that the proposed site and related facilities

would have on aesthetic values.

(4) The potential adverse environmental effects on fish and wildlife and their

habitats.

(5) The conformance of the proposed site and related facilities with certified local

coastal programs in those jurisdictions which would be affected by any such

development.

(6) The degree to which the proposed site and related facilities could reasonably

be modified so as to mitigate potential adverse effects on coastal resources, minimize

conflict with existing or planned coastal-dependent uses at or near the site, and promote

the policies of this division.

(7) Such other matters as the commission deems appropriate and necessary to

carry out this division.

(e) The commission may, at its discretion, participate fully in other proceedings

conducted by the State Energy Resources Conservation and Development Commission

pursuant to its powerplant siting authority. In the event the commission participates in

any public hearings held by the State Energy Resources Conservation and

Development Commission, it shall be afforded full opportunity to present evidence and

examine and cross-examine witnesses.

(f) The State Energy Resources Conservation and Development Commission

shall forward a copy of all reports it distributes pursuant to Sections 25302 and 25306 to

the commission and the commission shall, with respect to any report that relates to the

coastal zone or coastal zone resources, comment on those reports, and shall in its

comments include a discussion of the desirability of particular areas within the coastal

zone as designated in such reports for potential powerplant development. The

commission may propose alternate areas for powerplant development within the coastal

zone and shall provide detailed findings to support the suggested alternatives.

(Amended by Ch. 1013, Stats. 1978; Ch. 1075, Stats. 1978; Ch. 1031, Stats. 1991.)

Section 30414 State Air Resources Board and local air pollution control

districts

(a) The State Air Resources Board and air pollution control districts established

pursuant to state law and consistent with requirements of federal law are the principal

public agencies responsible for the establishment of ambient air quality and emission

standards and air pollution control programs. The provisions of this division do not

authorize the commission or any local government to establish any ambient air quality

standard or emission standard, air pollution control program or facility, or to modify any

ambient air quality standard, emission standard, or air pollution control program or

facility which has been established by the state board or by an air pollution control

district.

(b) Any provision of any certified local coastal program which establishes or

modifies any ambient air quality standard, any emission standard, any air pollution

control program or facility shall be inoperative.

recommend ways in which actions of the commission or any local government can

complement or assist in the implementation of established air quality programs.

(Amended by Ch. 1246, Stats. 1982.)

Section 30415 Director of Office of Planning and Research

The Director of the Office of Planning and Research shall, in cooperation with the

commission and other appropriate state agencies, review the policies of this division. If

the director determines that effective implementation of any policy requires the

cooperative and coordinated efforts of several state agencies, the director shall, no later

than July 1, 1978 and from time to time thereafter, recommend to the appropriate

agencies actions that should be taken to minimize potential duplication and conflicts and

which could, if taken, better achieve effective implementation of such policy. The

director shall, where appropriate and after consultation with the affected agency,

recommend to the Governor and the Legislature how the programs, duties,

responsibilities, and enabling legislation of any state agency should be changed to

better achieve the goals and policies of this division.

(Amended by Ch. 378, Stats. 2021.)

Section 30416 State Lands Commission

(a) The State Lands Commission, in carrying out its duties and responsibilities as

the state agency responsible for the management of all state lands, including tide and

submerged lands, in accordance with the provisions of Division 6 (commencing with

Section 6001), shall, prior to certification by the commission pursuant to Chapters 6

(commencing with Section 30500) and 8 (commencing with Section 30700) review, and

may comment on any proposed local coastal program or port master plan that could

affect state lands.

(b) No power granted to any local government, port governing body, or special

district, under this division, shall change the authority of the State Lands Commission

over granted or ungranted lands within its jurisdiction or change the rights and duties of

its lessees or permittees.

parties and any exchanges of land in connection therewith shall not be a development

within the meaning of this division.

(d) Nothing in this division shall amend or alter the terms and conditions in any

legislative grant of lands, in trust, to any local government, port governing body, or

special district; provided, however, that any development on such granted lands shall, in

addition to the terms and conditions of such grant, be subject to the regulatory controls

provided by Chapters 7 (commencing with Section 30600) and 8 (commencing with

Section 30700).

Section 30417 State Board of Forestry and Fire Protection; special treatment

areas

(a) In addition to the provisions set forth in Section 4551.5, this section shall

apply to the State Board of Forestry and Fire Protection.

(b) Within 180 days after January 1, 1977, the commission shall identify special

treatment areas within the coastal zone to ensure that natural and scenic resources are

adequately protected. The commission shall forward to the State Board of Forestry and

Fire Protection maps of the designated special treatment areas together with specific

reasons for those designations and with recommendations designed to assist the State

Board of Forestry and Fire Protection in adopting rules and regulations that adequately

protect the natural and scenic qualities of such special treatment areas.

(Amended by Ch. 972, Stats. 1998.)

Section 30418 Geologic Energy Management Division

(a) Pursuant to Division 3 (commencing with Section 3000), the Geologic Energy

Management Division of the Department of Conservation is the principal state agency

responsible for regulating the drilling, operation, maintenance, and abandonment of all

oil, gas, and geothermal wells in the state. Neither the commission, local government,

port governing body, or special district shall establish or impose such regulatory controls

that duplicate or exceed controls established by the Geologic Energy Management

Division pursuant to specific statutory requirements or authorization.

This section shall not be construed to limit in any way, except as specifically

provided, the regulatory controls over oil and gas development pursuant to Chapters 7

(commencing with Section 30600) and 8 (commencing with Section 30700).

(b) The Geologic Energy Management Division of the Department of

Conservation shall cooperate with the commission by providing necessary data and

technical expertise regarding proposed well operations within the coastal zone.

(Amended by Ch. 285, Stats. 1991; Ch. 97, Stats. 2022.)

Section 30419 Boating facilities; economic feasibility; evaluation

The Division of Boating and Waterways within the Department of Parks and Recreation

is the principal state agency for evaluating the economic feasibility of any boating facility

to be developed within the coastal zone.

If the economic viability of a boating facility becomes an issue in a coastal development

permit matter or in a local coastal program or any amendment thereto, the commission

shall request the Division of Boating and Waterways within the Department of Parks and

Recreation to provide comment, including, but not limited to, the analysis of costs

associated with conditions of approval. In cases where the Division of Boating and

Waterways within the Department of Parks and Recreation desires to make any

comment, it shall be made within 30 days of the commission's request. The commission

shall include the comment in its decision regarding a coastal development permit or

local coastal program or any amendment thereto.

(Added by Ch. 824, Stats. 1983. Amended by Ch. 113, Stats. 2015)

Section 30420 Actions relating to disposal of hazardous substances at sea;

consultation with specified governmental entities

Prior to Before taking any action on (1) a local coastal program or any amendment

thereto, (2) any coastal development permit, or (3) any consistency determination or

certification, that relates to the disposal of hazardous substances at sea, the

commission shall consult with the following governmental entities:

(a) Department of Toxic Substances Control.

(b) State Lands Commission.

quality management districts.

(d) Department of Fish and Wildlife.

(e) State Water Resources Control Board and relevant California regional water

quality control boards.

(f) Secretary for Environmental Protection.

(g) Governor's Office of Planning and Research.

(h) The local government located closest to the proposed activity, or within

whose jurisdiction the activity is proposed, or within whose jurisdiction there may be

effects of the proposed activity.

(Added by Ch. 465, Stats. 1986. Amended by GRP 1 of 1991; Ch. 343, Stats. 2000; Ch.

97, Stats. 2022.)

Section 30421 Sea level rise

State and regional agencies shall identify, assess, and, to the extent feasible and

consistent with their statutory authorities, avoid, minimize, and mitigate the impacts of sea

level rise.

(Added by Ch. 236, Stats. 2021.)

CHAPTER 6

IMPLEMENTATION

ARTICLE l

LOCAL COASTAL PROGRAM

Section

30500 Preparation

30500.1 Housing policies not required

30501 Procedures

30502 Designation of sensitive coastal resource areas

30502.5 Recommendation by commission to legislature; disposition

30503 Opportunity for public participation

30504 Special districts; submission of plans

ARTICLE 2

PROCEDURE FOR PREPARATION, APPROVAL, AND

CERTIFICATION OF LOCAL COASTAL PROGRAMS

Section

30510 Submission to commission

30511 Submission schedule

30512 Land use plan; submission; certification; modifications

30512.1 (repealed)

30512.2 Land use plan; criteria for decision to certify or refuse certification

30513 Zoning; approval; grounds for rejection; modifications; resubmission

30514 Program amendment; commission certification; procedure; minor or de

minimis amendments; amendments requiring rapid action; guidelines

30514.1 Findings, written notice or explanation; time limit

30515 Amendment of public works project or energy facility development

30516 Approval or disapproval; financial ability; severance of certified port master

plan

30517 Extension of time

30517.5 Schedule for submission of land use plans not already submitted; actions

upon failure to meet schedule

30517.6 Submission of zoning ordinances, zoning district maps and other

implementing actions; effect of failure to meet schedule

30518 (repealed)

30519 Delegation of development review authority; recommendation of

amendments to program

30519.1 City of Carlsbad; housing for persons and families of low or moderate

income; issuance of coastal development permits

30519.2 Annexation of all or part of annexed area in the County of Orange by the

City of Newport Beach; occurrences and duties resulting from annexation;

local coastal program

30519.5 Periodic review of certified local programs; recommendations; reports

30520 Judicial prohibition or stay; exercise and reinstatement of permit authority;

issuance of coastal development permit

30521 (repealed)

30522 Degree of environmental protection

30523 Specificity of local coastal programs; legislative intent

30525 Sensitive resource values; identification; protection in promulgation of

local coastal program

30526 Coastal development in Los Peñasquitos Lagoon area in City of San

Diego; mitigation fee program

ARTICLE 3

COASTAL PUBLIC ACCESS PROGRAM

Section

30530 Legislative intent

30531 Preparation of program; elements; procedure

30532 Agreements and grants

30533 (repealed)

30534 Handling of offers to dedicate real property

ARTICLE 1

LOCAL COASTAL PROGRAM

Section 30500 Preparation

(a) Each local government lying, in whole or in part, within the coastal zone shall

prepare a local coastal program for that portion of the coastal zone within its jurisdiction.

However, any local government may request, in writing, the commission to prepare a

local coastal program, or a portion thereof, for the local government. Each local coastal

program prepared pursuant to this chapter shall contain a specific public access

component to assure that maximum public access to the coast and public recreation

areas is provided.

(b) Amendments to a local general plan for the purpose of developing a certified

local coastal program shall not constitute an amendment of a general plan for purposes

of Section 65358 of the Government Code.

local government, consistent with Section 30501, in full consultation with the

commission and with full public participation.

(Amended by Ch. 1075, Stats. 1978; Ch. 1173, Stats. 1981; Ch. 1009, Stats. 1984.)

Section 30500.1 Housing policies and programs

No local coastal program shall be required to include housing policies and programs.

(Added by Ch. 1007, Stats. 1981.)

Section 30501 Procedures

The commission shall adopt, after public hearing, procedures for the preparation,

submission, approval, appeal, certification, and amendment of a local coastal program,

including, but not limited to, all of the following:

(a) A common methodology for the preparation of, and the determination of the

scope of, the local coastal programs, taking into account the fact that local governments

have differing needs and characteristics.

(b) Recommended uses that are of more than local importance that should be

considered in the preparation of local coastal programs. Those uses may be listed

generally or the commission may, from time to time, recommend specific uses for

consideration by a local government.

commission to incorporate new information as it becomes available, for the identification,

assessment, minimization, and mitigation of sea level rise within each local coastal

program, taking into account local and regional conditions and the differing capacities and

funding available to local governments.

(Amended by Ch. 1075, Stats. 1978; Ch. 1173, Stats. 1981; Ch. 236, Stats. 2021.)

Section 30502 Designation of sensitive coastal resource areas

(a) The commission, in consultation with affected local governments and the

appropriate regional commissions, shall, not later than September 1, 1977, after public

hearing, designate sensitive coastal resource areas within the coastal zone where the

protection of coastal resources and public access requires, in addition to the review and

approval of zoning ordinances, the review and approval by the regional commissions

and commission of other implementing actions.

(b) The designation of each sensitive coastal resource area shall be based upon

a separate report prepared and adopted by the commission which shall contain all of

the following:

(1) A description of the coastal resources to be protected and the reasons why

the area has been designated as a sensitive coastal resource area.

(2) A specific determination that the designated area is of regional or statewide

significance.

(3) A specific list of significant adverse impacts that could result from

development where zoning regulations alone may not adequately protect coastal

resources or access.

(4) A map of the area indicating its size and location.

local coastal program shall include the implementing actions adequate to protect the

coastal resources enumerated in the findings of the sensitive coastal resource area

report in conformity with the policies of this division.

Section 30502.5 Recommendation by commission to Legislature; disposition

The commission shall recommend to the Legislature for designation by statute those

sensitive coastal resource areas designated by the commission pursuant to Section

30502. Recommendation by the commission to the Legislature shall place the described

area in the sensitive coastal resource area category for no more than two years, or a

shorter period if the Legislature specifically rejects the recommendation. If two years

pass and a recommended area has not been designated by statute, it shall no longer be

designated as a sensitive coastal resource area. A bill proposing such a statute may not

be held in committee, but shall be reported from committee to the floor of each

respective house with its recommendation within 60 days of referral to committee.

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Section 30503 Opportunity for public participation

During the preparation, approval, certification, and amendment of any local coastal

program, the public, as well as all affected governmental agencies, including special

districts, shall be provided maximum opportunities to participate. Prior to submission of

a local coastal program for approval, local governments shall hold a public hearing or

hearings on that portion of the program which has not been subjected to public hearings

within four years of such submission.

Section 30504 Special districts; submission of plans

Special districts, which issue permits or otherwise grant approval for development or

which conduct development activities that may affect coastal resources, shall submit

their development plans to the affected local government pursuant to Section 65401 of

the Government Code. Such plans shall be considered by the affected local government

in the preparation of its local coastal program.

ARTICLE 2

PROCEDURE FOR PREPARATION, APPROVAL, AND

CERTIFICATION OF LOCAL COASTAL PROGRAMS

Section 30510 Submission to commission

Consistent with this chapter, a proposed local coastal program may be submitted to the

commission, if both of the following are met:

(a) It is submitted pursuant to a resolution adopted by the local government, after

public hearing, that certifies the local coastal program is intended to be carried out in a

manner fully in conformity with this division.

(b) It contains, in accordance with guidelines established by the commission,

materials sufficient for a thorough and complete review.

(Amended by Ch. 285, Stats. 1991.)

Section 30511 Submission schedule

Local coastal programs shall be submitted in accordance with the schedule established

pursuant to Section 30517.5. At the option of the local government, this program may

be submitted and processed in any of the following ways:

(a) At one time, in which event Section 30512 with respect to time limits,

resubmission, approval, and certification shall apply. However, the zoning ordinances,

zoning district maps, and, if required, other implementing actions included in the local

coastal program shall be approved and certified pursuant to the standards of Section

30513.

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(b) In two phases, in which event the land use plans shall be processed first

pursuant to Section 30512, and the zoning ordinances, zoning district maps, and, if

required, other implementing actions, shall be processed thereafter pursuant to Section

30513.

jurisdiction lying within the coastal zone, each submitted pursuant to subdivision (a) or

(b), if the commission finds that the area or areas proposed for separate review can be

analyzed for the potential cumulative impacts of development on coastal resources and

access independently of the remainder of the affected jurisdiction.

(Amended by Ch. 1173, Stats. 1981; Ch. 285, Stats. 1991; Ch. 1091, Stats. 1991)

Section 30512 Land use plan; submission; certification; modifications

(a) The land use plan of a proposed local coastal program shall be submitted to

the commission. The commission shall, within 90 working days after the submittal, after

public hearing, either certify or refuse certification, in whole or in part, the land use plan

pursuant to the following procedure:

(1) No later than 60 working days after a land use plan has been submitted to it,

the commission shall, after public hearing and by majority vote of those present,

determine whether the land use plan, or a portion thereof applicable to an identifiable

geographic area, raises no substantial issue as to conformity with the policies of

Chapter 3 (commencing with Section 30200).

If the commission determines that no substantial issue is raised, the land use

plan, or portion thereof applicable to an identifiable area, which raises no substantial

issue, shall be deemed certified as submitted. The commission shall adopt findings to

support its action.

(2) Where the commission determines pursuant to paragraph (1) that one or

more portions of a land use plan applicable to one or more identifiable geographic areas

raise no substantial issue as to conformity with the policies of Chapter 3 (commencing

with Section 30200), the remainder of that land use plan applicable to other identifiable

geographic areas shall be deemed to raise one or more substantial issues as to

conformity with the policies of Chapter 3 (commencing with Section 30200). The

commission shall identify each substantial issue for each geographic area.

(3) The commission shall hold at least one public hearing on the matter or

matters that have been identified as substantial issues pursuant to paragraph (2). No

later than 90 working days after submittal of the land use plan, the commission shall

determine whether or not to certify the land use plan, in whole or in part. If the

commission fails to act within the required 90-day period, the land use plan, or portion

thereof, shall be deemed certified by the commission.

(b) If the commission determines not to certify a land use plan, in whole or in

part, the commission shall provide a written explanation and may suggest modifications,

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which, if adopted and transmitted to the commission by the local government, shall

cause the land use plan to be deemed certified upon confirmation of the executive

director. The local government may elect to meet the commission's refusal of

certification in a manner other than as suggested by the commission and may then

resubmit its revised land use plan to the commission. If a local government requests

that the commission not recommend or suggest modifications which, if made, will result

in certification, the commission shall refuse certification with the required findings.

finds that a land use plan meets the requirements of, and is in conformity with, the

policies of Chapter 3 (commencing with Section 30200). Except as proved in paragraph

(1) of subdivision (a), a decision to certify shall require a majority vote of the appointed

membership of the commission.

(Amended by Ch. 1087, Stats. 1980; Ch. 1173, Stats. 1981; Ch. 43, 1982.; Ch. 746,

Stats. 2004; Ch. 742, Stats. 2018.)

Section 30512.1 (Repealed by Ch. 746, Stats. 2004.)

Section 30512.2 Land use plan; criteria for decision to certify or refuse

certification

The following provisions shall apply to the commission's decision to certify or refuse

certification of a land use plan pursuant to Section 30512:

(a) The commission's review of a land use plan shall be limited to its

administrative determination that the land use plan submitted by the local government

does, or does not, conform with the requirements of Chapter 3 (commencing with

Section 30200). In making this review, the commission is not authorized by any

provision of this division to diminish or abridge the authority of a local government to

adopt and establish, by ordinance, the precise content of its land use plan.

(b) The commission shall require conformance with the policies and requirements

of Chapter 3 (commencing with Section 30200) only to the extent necessary to achieve

the basic state goals specified in Section 30001.5.

(Added by Ch. 1173, Stats. 1981.)

Section 30513 Zoning; approval; grounds for rejection; modifications;

resubmission

The local government shall submit to the commission the zoning ordinances, zoning

district maps, and, where necessary, other implementing actions which are required

pursuant to this chapter.

If within 60 working days after receipt of the zoning ordinances, zoning district maps,

and other implementing actions, the commission, after public hearing, has not rejected

the zoning ordinances, zoning district maps, or other implementing actions, they shall

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be deemed approved. The commission may only reject zoning ordinances, zoning

district maps, or other implementing actions on the grounds that they do not conform

with, or are inadequate to carry out, the provisions of the certified land use plan. If the

commission rejects the zoning ordinances, zoning district maps, or other implementing

actions, it shall give written notice of the rejection specifying the provisions of land use

plan with which the rejected zoning ordinances do not conform or which it finds will not

be adequately carried out together with its reasons for the action taken.

The commission may suggest modifications in the rejected zoning ordinances, zoning

district maps, or other implementing actions, which, if adopted by the local government

and transmitted to the commission, shall be deemed approved upon confirmation by the

executive director.

The local government may elect to meet the commission's rejection in a manner other

than as suggested by the commission and may then resubmit its revised zoning

ordinances, zoning district maps, and other implementing actions to the commission.

If a local government requests that the commission not suggest modifications in the

rejected zoning ordinances, zoning district maps, or other implementing ordinances, the

commission shall not do so.

(Amended by Ch. 1173, Stats. 1981; Ch. 742, Stats. 2018.)

Section 30514 Program amendment; commission certification; procedure;

minor or de minimis amendments; amendments requiring

rapid action; guidelines

(a) A certified local coastal program and all local implementing ordinances,

regulations, and other actions may be amended by the appropriate local government,

but no such amendment shall take effect until it has been certified by the commission.

(b) Any proposed amendments to a certified local coastal program shall be

submitted to, and processed by, the commission in accordance with the applicable

procedures and time limits specified in Sections 30512 and 30513, except that the

commission shall make no determination as to whether a proposed amendment raises a

substantial issue as to conformity with the policies of Chapter 3 (commencing with

Section 30200) as would otherwise be required by Section 30512. In no event shall

there be more than three of these submittals of proposed amendments in any calendar

year. However, there are no limitations on the number of amendments included in each

of the three submittals.

amendments to a certified local coastal program may be reviewed and designated by

the executive director of the commission as being minor in nature or as requiring rapid

and expeditious action. That procedure shall include provisions authorizing local

governments to propose amendments to the executive director for that review and

designation. Proposed amendments that are designated as being minor in nature or as

requiring rapid and expeditious action shall not be subject to subdivision (b) or Sections

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30512 and 30513 and shall take effect on the 10th working day after designation.

Amendments that allow changes in uses shall not be so designated.

(d)(1) The executive director may determine that a proposed local coastal

program amendment is de minimis if the executive director determines that a proposed

amendment would have no impact, either individually or cumulatively, on coastal

resources, is consistent with the policies of Chapter 3 (commencing with Section

30200), and meets the following criteria:

(A) The local government, at least 21 days prior to the date of submitting the

proposed amendment to the executive director, has provided public notice, and

provided a copy to the commission, that specifies the dates and places where

comments will be accepted on the proposed amendment, contains a brief description of

the proposed amendment, and states the address where copies of the proposed

amendment are available for public review, by one of the following procedures:

(i) Publication, not fewer times than required by Section 6061 of the Government

Code, in a newspaper of general circulation in the area affected by the proposed

amendment. If more than one area will be affected, the notice shall be published in the

newspaper of largest circulation from among the newspapers of general circulation in

those areas.

(ii) Posting of the notice by the local government both onsite 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 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

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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.

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.

(Amended by Ch. 43, Stats. 1982; Ch. 525, Stats. 1994; Ch. 208, Stats. 1995; Ch. 124,

Stats. 1996; Ch. 742, Stats. 2018.)

Section 30514.1 Findings, written notice or explanation; time limit

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.

(Added by Ch. 886, Stats. 1985. Amended by Ch. 746, Stats. 2004.)

Section 30515 Amendment for public works project or energy facility

development

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

106

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.

Section 30516 Approval; financial ability; severance of certified port master

plan

(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.

(Amended by Ch. 285, Stats. 1991)

Section 30517 Extensions of time

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.

(Amended by Ch. 285, Stats. 1991.)

Section 30517.5 Schedule for submission of land use plans not already

submitted; actions upon failure to meet schedule

(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.

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(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.

(Added by Ch. 1173, Stats. 1981. Amended by Ch. 747, Stats. 1983.)

Section 30517.6 Submission of zoning ordinances, zoning district maps and

other implementing actions; effect of failure to meet schedule

(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.

(Added by Ch. 1173, Stats. 1981.)

Section 30518 (Repealed by Ch. 1173, Stats. 1981.)

Section 30519 Delegation of development review authority; recommendation

of amendments to program

(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

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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.

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.

(Amended by Ch. 43, Stats. 1982; Ch. 285, Stats. 1991.)

Section 30519.1 City of Carlsbad; housing for persons and families of low or

moderate income; issuance of coastal development permits

(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.

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).

(Added by Ch. 43, Stats. 1982.)

Section 30519.2 Annexation of all or part of annexed area in the County of

Orange by the City of Newport Beach; occurrences and duties

resulting from annexation; local coastal program

(a)(1) This subdivision shall only apply to territory described in paragraph (2) and

defined as the "Annexed Area."

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(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).

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

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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.

(Added by Ch. 537, Stats. 2001.)

Section 30519.5 Periodic review of certified local programs; recommendations;

reports

(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.

Section 30520 Judicial prohibition or stay; exercise and reinstatement of

permit authority; issuance of coastal development permit

(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

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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.

developments which would be affected by the court-ordered prohibition or stay.

(Amended by Ch. 1173, Stats. 1981; Ch. 43, Stats. 1982.)

Section 30521 (Repealed by Ch. 383, Stats. 2005.)

Section 30522 Degree of environmental protection

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.

(Amended by Ch. 899, Stats. 1979.)

Section 30523 Specificity of local coastal programs; legislative intent

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 post-certification 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.

(Added by Ch. 899, Stats. 1979.)

Section 30525 Sensitive resource values; identification; protection in

promulgation of local coastal program

(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.

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(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.

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.

(Added by Ch. 930, Stats. 1979. Amended by Ch. 285, Stats. 1991.)

Section 30526 Coastal development in Los Peñasquitos Lagoon area in City

of San Diego; mitigation fee program

(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

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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.

area in the City of San Diego.

(Added by Ch. 198, Stats. 1986.)

ARTICLE 3

COASTAL PUBLIC ACCESS PROGRAM

Section 30530 Legislative intent

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.

(Added by Ch. 840, Stats. 1979.)

Section 30531 Preparation of program; elements; procedure

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

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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.

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.

(Added by Ch. 840, Stats. 1979.)

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Section 30532 Agreements and grants

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.

(Added by Ch. 840, Stats. 1979.)

Section 30533 (Repealed by Ch. 728, Stats. 2012)

Section 30534 Handling of offers to dedicate real property

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.

(Added by Ch. 840, Stats. 1979.)

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CHAPTER 7

DEVELOPMENT CONTROLS

ARTICLE l

GENERAL PROVISIONS

Section

30600 Coastal development permit; procedures prior to certification of local

coastal program; application of section

30600.1 Final discretionary approval to proceed with development; permit not

issued; housing for persons or families of low or moderate income

30600.5 Delegation of authority for issuance of coastal development permits to

local governments; exceptions; application, review and appeal

procedures; minimum standards; adoption of ordinance

30600.6 Delegation of authority to issue coastal development permits; funding of

new costs; fees; reimbursement

30600.6.1 Coastal development permit; fees; waiver

30600.7 Modification of refinery or petrochemical facility prior to delegation of

permit authority; permit requirements

30601 Developments requiring coastal development permit from commission

30601.3 Consolidated coastal development permit application; procedure

30601.4 Consolidated coastal development permit application; offshore wind

energy generation and transmission facilities

30601.5 Application by person other than owner of fee interest

30602 Appeals; acts before certification of local program; finality of acts

30603 Appeal of actions taken after certification of local program; types of

developments; grounds; finality of actions; notification to commission

30603.1 Adjustment of inland boundary; readjustments

30604 Coastal development permit; issuance prior to certification of the local

coastal program; finding that development in conformity with public access

and public recreation policies; housing opportunities for persons of low

and moderate income; environmental justice

30605 Public works or state university or college or private university long-range

land use development; plans

30606 Public works or state university or college long-range land use

development; notice of impending development

30607 Permit; terms and conditions

30607.1 Wetlands dike and fill development; mitigation measures

30607.2 Low or moderate income housing; incorporation of conditions into coastal

development permits; amendment or modification

30607.5 City of San Diego; protection of vernal pools

30607.7 Coastal development permit for sand replenishment; requirements

30607.8 Use of reclaimed in-lieu fees for coastal development project

30608 Vested rights; prior permits; conditions

30608.5 (repealed)

30609 Permits under prior law; modification; continuation

30609.5 State lands between the first public road and the sea; sale or transfer

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30610 Development authorized without permit

30610.1 Single family residence construction; criteria

30610.2 Single family residence construction; certification of exemption

30610.3 Inadequate public access through subdivided area; adoption of access

program; financing; in-lieu fees

30610.4 Single family residence construction; designation of areas where coastal

development permit not required

30610.5 Urban land areas; exclusion from permit provisions; conditions

30610.6 Sea Ranch in Sonoma County

30610.8 Hollister Ranch; public access program; in-lieu fee; implementation

30610.81 Coastal lands: public access program: Hollister Ranch

30610.9 Film production projects in coastal zones; expedited permit procedures

30611 Emergencies; waiver of permit

30612 Application for demolition of structure

30612.5 (repealed)

30613 which are filled, developed, and committed to urban uses; coastal

development permits; local coastal programs; categorical or urban

exclusion

30614 Responsibility of commission to ensure coastal development permit

conditions are enforced and do not expire during term of permit; release of

housing units for persons and families of low or moderate income

30615 Competitions on state property: prize compensation: gender equity

30616 California Offshore Wind Energy Fisheries Working Group

30617 Offshore wind; workforce development plans; consultation

ARTICLE 2

DEVELOPMENT CONTROL PROCEDURES

Section

30620 Interim procedures; permanent procedures; filing fees and expense

reimbursements; frivolous appeals

30620.1 Coastal Act Services Fund created; purpose; annual transfer

30620.2 Coastal Access Account created; purpose

30620.5 Local government exercising option under Section 30600 subdivision (b)

30620.6 Public notice and appeal procedures; time for adoption

30621 De novo hearings; notice; time; filing of appeals

30622 Action on permit application or appeal

30623 Stay of appeal

30624 Emergencies and certain nonemergency developments; issuance of

permits without compliance with procedures; requests that permits not be

effective

30624.7 Waivers from permit requirements for de minimis developments;

procedure for issuance

30624.9 Minor development; waivers of permit application hearings; notice

30625 Persons who may appeal; powers of reviewing body; effect of decisions

30626 Reconsideration

30627 Procedures for reconsideration

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ARTICLE l

GENERAL PROVISIONS

Section 30600 Coastal development permit; procedures prior to certification

of local coastal program; application of section

(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.

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

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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.

(Amended by Ch. 1173, Stats. 1981; Ch. 825, Stats. 1996.)

Section 30600.1 Final discretionary approval to proceed with development;

permit not issued; housing for persons or families of low or

moderate income

(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.l 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.

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

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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.

(Added by Ch. 43, Stats. 1982.)

Section 30600.5 Delegation of authority for issuance of coastal development

permits to local governments; exceptions; application, review

and appeal procedures; minimum standards; adoption of

ordinance

(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.

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

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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 that may be necessary for the project

requiring the permit. Within 60 days before 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 their

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 coastal

development permits. Each 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 ordinance shall contain provisions that prohibit the

issuance of a coastal development permit for any development that may conflict with the

ordinances that 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 the 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 of inconsistent with the

requirements of the federal coastal act.

(Added by Ch. 1173, Stats. 1981. Amended by Ch. 43, Stats. 1982; Ch. 97, Stats.

2022.)

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Section 30600.6 Delegation of authority to issue coastal development permits;

funding of new costs; fees; reimbursement

(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.

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.

(Added by Ch. 43, Stats. 1982.)

Section 30600.6.1 Coastal development permit; fees; waiver

(a) For purposes of this section, the following terms shall apply:

(1) “Applicant” means a public agency or a nonprofit organization, as that term is

defined in Section 31013.

(2) “Habitat restoration project” means a project proposed for the sole purpose of

restoring or enhancing the ecological function, biodiversity, or resiliency of native

habitat.

(3) “Public access project” means a project with the primary purpose of creating,

enhancing, expanding, or restoring public amenities that provide access to or along the

coast.

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(b) At the request of an applicant for a coastal development permit, a city or

county may waive or reduce a coastal development permit fee for a public access

project or habitat restoration project. If a city or county rejects a fee waiver or fee

reduction request, the applicant may, notwithstanding Section 30519, submit the coastal

development permit application directly to the commission.

local coastal plan or program.

(Added by Ch. 280, Stats. 2022.)

Section 30600.7 Modification of refinery or petrochemical facility prior to

delegation of permit authority; permit requirements

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.

(Added by Ch. 535, Stats. 1991)

Section 30601 Developments requiring coastal development permit from

commission

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.

(Amended by Ch. 1173. Stats. 1981.)

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Section 30601.3 Consolidated coastal development permit application;

procedure

(a) Notwithstanding Section 30519, the commission may process and act upon a

consolidated coastal development permit application if both of the following criteria are

satisfied:

(1) A proposed project requires a coastal development permit from both a local

government with a certified local coastal program and the commission.

(2) The applicant, the appropriate local government, and the commission, which

may agree through its executive director, consent to consolidate the permit action,

provided that public participation is not substantially impaired by that review

consolidation.

(b) The standard of review for a consolidated coastal development permit

application submitted pursuant to subdivision (a) shall follow Chapter 3 (commencing

with Section 30200), with the appropriate local coastal program used as guidance.

determined by reference to the commission's permit fee schedule.

(d) To implement this section, the commission may adopt guidelines, in the same

manner as interpretive guidelines adopted pursuant to paragraph (3) of subdivision (a)

of Section 30620.

(Added by Ch. 294, Stats. 2006.)

Section 30601.4 Consolidated coastal development permit application;

offshore wind energy generation and transmission facilities

(a)(1) The commission shall process a consolidated coastal development

permit for any new development that requires a coastal development permit and

that is associated with, appurtenant to, or necessary for the construction and

operation of offshore wind energy projects, and transmission facilities needed for

those projects, located in the coastal zone, as defined in this division. Section

30601.3 applies to a consolidated coastal development permit pursuant to this

section, except that paragraph (2) of subdivision (a) of Section 30601.3 does not

apply, and provided that public participation is not substantially impaired by the

review of the consolidated coastal development permit.

(2) Upon receipt of an application for purposes of this subdivision, the

commission shall forward the application to local governmental agencies having

land use and related jurisdiction in the area in which the project would occur. The

local governmental agencies may review the application and submit comments

on, among other things, applicable provisions of the local coastal program and

other appropriate aspects of the design, construction, or operation of the

proposed site and related facility.

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(3) The commission shall coordinate with affected local governmental

agencies to incorporate or otherwise address their recommendations in the final

consolidated coastal development permit, including measures to address

impacts from offshore wind development and respond to community needs,

consistent with this division.

(4) The commission shall engage with federally recognized and

nonfederally recognized California Native American tribes with fisheries that

could be affected by future development associated with a lease for an offshore

wind energy project on all elements of the lessees’ project development process,

including measures to address impacts from offshore wind development and

respond to community needs, consistent with the commission’s tribal

consultation policy.

(5) To avoid duplication and to increase regulatory efficiency, the

commission and the State Lands Commission shall coordinate with relevant

local, state, and federal agencies to encourage and facilitate the preparation of

joint environmental documents pursuant to the California Environmental Quality

Act (Division 13 (commencing with Section 21000)) and the federal National

Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) for projects

proposed pursuant to this section.

(b)(1) The State Lands Commission shall be the lead agency for purposes

of the California Environmental Quality Act for offshore wind energy projects

pursuant to this division and shall prepare, or cause to be prepared, all

environmental documents required by law.

(2) Paragraph (1) does not affect the determination of which entity shall

serve as a lead agency for the purposes of the California Environmental Quality

Act for projects undertaken pursuant to Chapter 8 (commencing with Section

30700).

(Added by Ch. 386, Stats. 2023.)

Section 30601.5 Applications by person other than owner of fee interest

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.

(Added by Ch. 43, Stats. 1982.)

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Section 30602 Appeals; actions before certification of local program; finality

of actions

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.

(Amended by Ch. 1173, Stats. 1981; Ch. 669, Stats. 1995.)

Section 30603 Appeal of actions taken after certification of local program;

types of developments; grounds; finality of actions;

notification to Commission

(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.

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(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.

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.

(Amended by Ch. 43, Stats. 1982; Ch. 1030, Stats. 1991; Ch. 525, Stats. 1994; Ch.

669, Stats. 1995.)

Section 30603.1 Adjustment of inland boundary; readjustments

(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 circumstances 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.

(Added by Ch. 43, Stats. 1982.)

Section 30604 Coastal development permit; issuance prior to certification of

the local coastal program; finding that development in

conformity with public access and public recreation policies;

housing opportunities for persons of low and moderate

income; environmental justice

(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

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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 which 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.

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 which is outside the coastal zone shall

be subject to the coastal development permit requirements of this division, nor shall

anything in this division authorize the denial of a coastal development permit by the

commission on the grounds the proposed development within the coastal zone will have

an adverse environmental effect outside the coastal zone.

(e) No coastal development permit may be denied under this division on the

grounds that a public agency is planning or contemplating to acquire the property on, or

property adjacent to the property on, which the proposed development is to be located,

unless the public agency has been specifically authorized to acquire the property and

there are funds available, or funds which could reasonably be expected to be made

available within one year, for the acquisition. If a permit has been denied for that reason

and the property has not been acquired by a public agency within a reasonable period

of time, a permit may not be denied for the development on grounds that the property,

or adjacent property, is to be acquired by a public agency when the application for such

a development is resubmitted.

(f) The commission shall encourage housing opportunities for persons of low and

moderate income. In reviewing residential development applications for low- and

moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section

65589.5 of the Government Code, the issuing agency or the commission, on appeal,

may not require measures that reduce residential densities below the density sought by

an applicant if the density sought is within the permitted density or range of density

established by local zoning plus the additional density permitted under Section 65915 of

the Government Code, unless the issuing agency or the commission on appeal makes a

finding, based on substantial evidence in the record, that the density sought by the

applicant cannot feasibly be accommodated on the site in a manner that is in conformity

with Chapter 3 (commencing with Section 30200) or the certified local coastal program.

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(g) The Legislature finds and declares that it is important for the commission to

encourage the protection of existing and the provision of new affordable housing

opportunities for persons of low and moderate income in the coastal zone.

(h) When acting on a coastal development permit, the issuing agency, or the

commission on appeal, may consider environmental justice, or the equitable distribution

of environmental benefits throughout the state.

(Amended by Ch. 1075, Stats. 1978; Ch. 919, Stats. 1979; Ch. 285, Stats. 1991; Ch.

793, Stats. 2003; Ch. 578, Stats. 2016.)

Section 30605 Public works or state university or college or private university

long-range land use development; plans

To promote greater efficiency for the planning of any public works or state university or

college or private university development projects and as an alternative to project-by-

project review, plans for public works or state university or college or private university

long-range land use development plans may be submitted to the commission for review

in the same manner prescribed for the review of local coastal programs as set forth in

Chapter 6 (commencing with Section 30500). If any plan for public works or state

university or college development project is submitted prior to certification of the local

coastal programs for the jurisdictions affected by the proposed public works, the

commission shall certify whether the proposed plan is consistent with Chapter 3

(commencing with Section 30200). The commission shall, by regulation, provide for the

submission and distribution to the public, prior to public hearings on the plan, detailed

environmental information sufficient to enable the commission to determine the

consistency of the plans with the policies of this division. If any such plan for public

works is submitted after the certification of local coastal programs, any such plan shall

be approved by the commission only if it finds, after full consultation with the affected

local governments, that the proposed plan for public works is in conformity with certified

local coastal programs in jurisdictions affected by the proposed public works. Each state

university or college or private university shall coordinate and consult with local

government in the preparation of long-range development plans so as to be consistent,

to the fullest extent feasible, with the appropriate local coastal program. Where a plan

for a public works or state university or college or private university development project

has been certified by the commission, any subsequent review by the commission of a

specific project contained in the certified plan shall be limited to imposing conditions

consistent with Sections 30607 and 30607.1. A certified long-range development plan

may be amended by the state university or college or private university, but no

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 prescribed for amendment of a local coastal program.

(Amended by Ch. 600, Stats. 1983.)

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Section 30606 Public works or state university or college or private university

long-range land use development; notice impending

development

Prior to the commencement of any development pursuant to Section 30605, the public

agency proposing the public works project, or state university or college or private

university, shall notify the commission and other interested persons, organizations, and

governmental agencies of the impending development and provide data to show that it

is consistent with the certified public works plan or long-range development plan. No

development shall take place within 30 working days after the notice.

(Amended by Ch. 600, Stats. 1983.)

Section 30607 Permit; terms and conditions

Any permit that is issued or any development or action approved on appeal, pursuant to

this chapter, shall be subject to reasonable terms and conditions in order to ensure that

such development or action will be in accordance with the provisions of this division.

Section 30607.1 Wetlands dike and fill development; mitigation measures

Where any dike and fill development is permitted in wetlands in conformity with Section

30233 or other applicable policies set forth in this division, mitigation measures shall

include, at a minimum, either acquisition of equivalent areas of equal or greater

biological productivity or opening up equivalent areas to tidal action; provided, however,

that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an

area of equivalent productive value or surface areas shall be dedicated to an

appropriate public agency, or the replacement site shall be purchased before the dike or

fill development may proceed. The mitigation measures shall not be required for

temporary or short-term fill or diking if a bond or other evidence of financial

responsibility is provided to assure that restoration will be accomplished in the shortest

feasible time.

(Amended by Ch. 1088, Stats. 1992.)

Section 30607.2 Low or moderate income housing; incorporation of conditions

into coastal development permits; amendment or modification

(a) Conditions requiring housing for persons and families of low or moderate

income, as defined in Section 50093 of the Health and Safety Code, which were

incorporated into a coastal development permit issued prior to January 1, 1982, may, at

the request of the permittee, be amended or modified by the commission or by a local

government having the authority to issue coastal development permits. In approving

such amendments or modifications, only those conditions and requirements authorized

by Section 65590 of the Government Code may be imposed on the permittee.

(b) Any person who, prior to January 1, 1982 has been issued a coastal

development permit which contains requirements for low and moderate-income housing

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but who, prior to January 1, 1982, has not performed substantial work on the

development site (such as grading, installation or streets, sewers or utilities or

construction of major buildings) may elect to proceed under either of the following

options:

(1) To proceed pursuant to all of the requirements of the coastal development

permit, in which event the provisions of subdivision (a) shall apply to any subsequent

request to amend or alter the coastal development permit in regard to housing

requirements.

(2) To proceed without complying with the housing requirements contained in the

coastal development permit, in which event the housing requirements for the

development shall be governed by Section 65590 of the Government Code.

a sewer project shall be denied, restricted, or conditioned in order to implement housing

policies or programs.

(d) Nothing is this section shall authorize or require the modification or

amendment to any terms or conditions of any previously issued coastal development

permit which guarantees housing opportunities for persons and families of low or

moderate income where the term or condition has been met through an agreement

executed and recorded on or before January 1, 1982, between an applicant and the

commission. For previously approved or issued permits which involve new construction

of less than 10 residential units, an executed and recorded agreement guaranteeing

housing opportunities for persons or families of low or moderate income, which has not

been implemented by the transfer of an interest in real property or payment of a fee to a

public agency or non profit association for the purpose of providing these housing

opportunities, shall be voided if the applicant records the notice provided by the

executive director of the commission. Further, nothing in this section shall impair the

commission's authority to deny, restrict, or condition new permits or amendments to

existing permits based on any requirement of this division.

(e) Nothing in this section authorizes or requires the modification of or

amendment to any terms or conditions in Permit #P-80-419 issued by the commission

with respect to the reservation or administration of sewer capacity for affordable housing

in the San Mateo County local coastal program.

(Added by Ch. 1007, Stats. 1981. Amended by Ch. 43, Stats. 1982; Ch. 1617, Stats.

1982; Ch. 1500, Stats. 1984.)

Section 30607.5 City of San Diego; protection of vernal pools

Within the City of San Diego, the commission shall not impose or adopt any

requirements in conflict with the provisions of the plan for the protection of vernal pools

approved and adopted by the City of San Diego on June 17, 1980, following

consultation with state and federal agencies, and approved and adopted by the United

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States Army Corps of Engineers in coordination with the United States Fish and Wildlife

Service.

(Added by Ch. 892, Stats. 1980.)

Section 30607.7 Coastal development permit for sand replenishment;

requirements

(a) A coastal development permit for sand replenishment requires the project

applicant to provide onsite monitoring and supervision during the implementation of the

permit.

(b) A permit subject to subdivision (a) may not be issued until the project

applicant provides the issuing agency with a plan for onsite monitoring and supervision

during the implementation of the permit.

(Added by Ch. 285, Stats, 2003.)

Section 30607.8 Use of reclaimed in-lieu fees for coastal development project

(a) The commission shall, when assessing or directing the use of any reclaimed

in-lieu fees for any coastal development project, consider the lower cost coastal

accommodations assessment required to be prepared pursuant to subdivision (a) of

Section 31413.

(b)(1) The commission may reclaim any in-lieu fee assessed that has not been

expended within seven years of the date of its deposit with the appropriate entity, and

reassign any such fee for use for one or more projects that are consistent with Section

30213, including lower cost coastal accommodations funded under Chapter 10

(commencing with Section 31411), if the executive director makes a written

determination that the original intent of the in-lieu fee will be better utilized by the

reassignment to those projects.

(2) This subdivision is not intended, and shall not be construed, to authorize the

commission to alter or abrogate coastal development permit conditions in a manner that

would violate a provision of this division or any other law.

for issuance of a coastal development permit to mitigate impacts associated with the

development of lower cost coastal visitor-serving projects.

(Added by Ch. 838, Stats. 2017.)

Section 30608 Vested rights; prior permits; conditions

No person who has obtained a vested right in a development prior to the effective date

of this division or who has obtained a permit from the California Coastal Zone

Conservation Commission pursuant to the California Coastal Zone Conservation Act of

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1972 (former Division 18 (commencing with Section 27000)) shall be required to secure

approval for the development pursuant to this division. However, no substantial change

may be made in the development without prior approval having been obtained under

this division.

(Amended by Ch. 538, Stats. 2006.)

Section 30608.5 (Repealed by Ch. 294, Stats. 2006.)

Section 30609 Permits under prior law; modification; continuation

Where, prior to January 1, 1977, a permit was issued and expressly made subject to

recorded terms and conditions that are not dedications of land or interests in land for the

benefit of the public or a public agency pursuant to the California Coastal Zone

Conservation Act of 1972 (commencing with Section 27000), the owner of real property

which is the subject of such permit may apply for modification or elimination of the

recordation of such terms and conditions pursuant to the provisions of this division.

Such application shall be made in the same manner as a permit application. In no

event, however, shall such a modification or elimination of recordation result in the

imposition of terms or conditions which are more restrictive than those imposed at the

time of the initial grant of the permit. Unless modified or deleted pursuant to this section,

any condition imposed on a permit issued pursuant to the former California Coastal

Zone Conservation Act of 1972 (commencing with Section 27000) shall remain in full

force and effect.

Section 30609.5 State lands between the first public road and the sea; sale or

transfer

(a) Except as provided in subdivisions (b) and (c), no state land that is located

between the first public road and the sea, with an existing or potential public accessway

to or from the sea, or that the commission has formally designated as part of the

California Coastal Trail, shall be transferred or sold by the state to any private entity

unless the state retains a permanent property interest in the land adequate to provide

public access to or along the sea. In any transfer or sale of real property by a state

agency to a private entity or person pursuant to this section, the instrument of

conveyance created by the state shall require that the private entity or person or the

entity or person's successors or assigns manage the property in such a way as to

ensure that existing or potential public access is not diminished. The instrument of

conveyance shall further require that any violation of this management requirement

shall result in the reversion of the real property to the state.

(b) This section shall not apply to the transfer of state land to a non-profit

organization that exists for the purposes of preserving lands for public use and

enjoyment and meets the requirements of subdivision (b) of Section 831.5 of the

Government Code.

public road and the sea, that are under the possession and control of the Department of

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Parks and Recreation or the State Coastal Conservancy, may be transferred or sold if

the department or the conservancy makes one or more of the following findings at a

noticed public hearing relating to the transfer or sale of the property:

(1) The state has retained or will retain, as a condition of the transfer or sale,

permanent property interests on the land providing public access to or along the sea.

(2) Equivalent or greater public access to the same beach or shoreline area is

provided for than would be feasible if the land were to remain in state ownership.

(3) The land to be transferred or sold is an environmentally sensitive area with

natural resources that would be adversely impacted by public use, and the state will

retain permanent property interests in the land that may be necessary to protect, or

otherwise provide for the permanent protection of, those resources prior to or as a

condition of the transfer or sale.

(4) The land to be transferred or sold has neither existing nor potential public

accessway to the sea.

(d) Nothing in this section shall be construed to interfere with the management

responsibilities of state resource agencies, including, but not limited to, the

responsibilities to ensure public safety and implement the California Endangered

Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and

Game Code).

(e) As used in this section, "state land" means any real property in which the

state or any state agency has an ownership interest including, but not limited to, a fee,

title, easement, deed restriction, or other interest in land. It does not include land in

which a city, county, city and county, or district has an ownership interest.

(f) Nothing in this section is intended to restrict a private property owner's right to

sell or transfer private property.

(Added by Ch. 822, Stats. 1999.)

Section 30610 Developments authorized without permit

Notwithstanding any other provision of this division, no coastal development permit shall

be required pursuant to this chapter for the following types of development and in the

following areas:

(a) Improvements to existing single-family residences; provided, however, that

the commission shall specify, by regulation, those classes of development which involve

a risk of adverse environmental effect and shall require that a coastal development

permit be obtained pursuant to this chapter.

(b) Improvements to any structure other than a single-family residence or a public

works facility; provided, however, that the commission shall specify, by regulation, those

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types of improvements which (1) involve a risk of adverse environmental effect, (2)

adversely affect public access, or (3) involve a change in use contrary to any policy of

this division. Any improvement so specified by the commission shall require a coastal

development permit.

material from those channels to a disposal area outside the coastal zone, pursuant to a

permit from the United States Army Corps of Engineers.

(d) Repair or maintenance activities that do not result in an addition to, or

enlargement or expansion of, the object of those repair or maintenance activities;

provided, however, that if the commission determines that certain extraordinary

methods of repair and maintenance involve a risk of substantial adverse environmental

impact, it shall, by regulation, require that a permit be obtained pursuant to this chapter.

(e) Any category of development, or any category of development within a

specifically defined geographic area, that the commission, after public hearing, and by

two-thirds vote of its appointed members, has described or identified and with respect to

which the commission has found that there is no potential for any significant adverse

effect, either individually or cumulatively, on coastal resources or on public access to, or

along, the coast and, where the exclusion precedes certification of the applicable local

coastal program, that the exclusion will not impair the ability of local government to

prepare a local coastal program.

(f) The installation, testing, and placement in service or the replacement of any

necessary utility connection between an existing service facility and any development

approved pursuant to this division; provided, however, that the commission may, where

necessary, require reasonable conditions to mitigate any adverse impacts on coastal

resources, including scenic resources.

(g) (1) The replacement of any structure, other than a public works facility,

destroyed by a disaster. The replacement structure shall conform to applicable existing

zoning requirements, shall be for the same use as the destroyed structure, shall not

exceed either the floor area, height, or bulk of the destroyed structure by more than 10

percent, and shall be sited in the same location on the affected property as the

destroyed structure.

(2) As used in this subdivision:

(A) "Disaster" means any situation in which the force or forces which destroyed

the structure to be replaced were beyond the control of its owner.

(B) "Bulk" means total interior cubic volume as measured from the exterior

surface of the structure.

which is similar to that which existed prior to the occurrence of the disaster.

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(h) Any activity anywhere in the coastal zone that involves the conversion of any

existing multiple-unit residential structure to a time-share project, estate, or use, as

defined in Section 11212 of the Business and Professions Code. If any improvement to

an existing structure is otherwise exempt from the permit requirements of this division,

no coastal development permit shall be required for that improvement on the basis that

it is to be made in connection with any conversion exempt pursuant to this subdivision.

The division of a multiple-unit residential structure into condominiums, as defined in

Section 783 of the Civil Code, shall not be considered a time-share project, estate, or

use for purposes of this subdivision.

(i) (1) Any proposed development which the executive director finds to be a

temporary event which does not have any significant adverse impact upon coastal

resources within the meaning of guidelines adopted pursuant to this subdivision by the

commission. The commission shall, after public hearing, adopt guidelines to implement

this subdivision to assist local governments and persons planning temporary events in

complying with this division by specifying the standards which the executive director

shall use in determining whether a temporary event is excluded from permit

requirements pursuant to this subdivision. The guidelines adopted pursuant to this

subdivision shall be exempt from the review of the Office of Administrative Law and

from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of

Division 3 of Title 2 of the Government Code.

(2) Exclusion or waiver from the coastal development permit requirements of this

division pursuant to this subdivision does not diminish, waive, or otherwise prevent the

commission from asserting and exercising its coastal development permit jurisdiction

over any temporary event at any time if the commission determines that the exercise of

its jurisdiction is necessary to implement the coastal resource protection policies of

Chapter 3 (commencing with Section 30200).

(Amended by Ch. 1075, Stats. 1978; Ch. 919, Stats. 1979; Ch. 43, Stats. 1982; Ch.

1470, Stats. 1982; Ch. 1088, Stats. 1992; Ch. 697, Stats. 2004.)

Section 30610.1 Single family residence construction; criteria

(a) Prior to certification of the applicable local coastal program, no coastal

development permit shall be required for the construction of a single-family residence

on any vacant lot meeting the criteria set forth in subdivision (c) and located in a

specified area designated by the commission pursuant to subdivision (b).

(b) Within 60 days from the effective date of this section, the commission shall

designate specific areas in the coastal zone where the construction of a single-family

residence on a vacant lot meeting the criteria set forth in subdivision (c) shall not require

a coastal development permit. Areas shall be designated for the exclusion provided for

in this section if construction of single-family residences within the area to be

designated has no potential, either individually or cumulatively, for significant adverse

impacts on highly scenic resources of public importance, on environmentally sensitive

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areas, on prime agricultural land or on agricultural lands currently in production, or on

public access to or along the coast.

In addition, if septic tanks will be required or used, an area identified as having

septic tank problems by the appropriate regional water quality control board or the State

Water Resources Control Board in an approved basin plan or by other formal action of

such board may not be designated for exclusion pursuant to this section.

permit shall be required for the construction of a single-family residence on any vacant

lot which meets all of the following criteria:

(1) It is not located between the first public road and the sea or immediately

adjacent to the inland extent of any beach or of the mean high tide line where there is

no beach.

(2) Is a legal lot as of the effective date of this section and conforms with the

minimum lot size and lot use designations of the applicable general plan and zoning

ordinances.

(3) Is not located within an area known to the affected local government, or

designated by any other public agency, as a geologic hazard area or as a flood hazard

area, or, if located within such an area, it has been determined by the affected local

government to be a safe site for the construction of a single-family residence.

(4) Is no more than 250 feet from an existing improved road adequate for use

throughout the year.

(5) Can be served by an adequate water supply that is legally available for use

either by means of a well or by means of a connection to a water system with sufficient

capacity to serve such lot or lots; provided, that no such connection shall require the

extension of an existing water main which would have the capacity of serving four or

more additional single-family residential structures.

(d) The commission shall, within 120 days from the effective date of this section,

specify uniform criteria that shall be used to determine the location of "the first public

road" and the inland extent of any beach for purposes of paragraph (1) of subdivision

(c).

(e) Within 30 days after the 120-day period specified in subdivision (b), the

commission shall report the Legislature and the Governor what has been done to carry

out the provisions of this section.

(f) The provisions of this section shall apply notwithstanding any other provision

of this division to the contrary.

(Added by Ch. 919, Stats. 1979.)

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Section 30610.2 Single family residence construction; certification of

exemption

(a) Any person wishing to construct a single-family residence on a vacant lot

within an area designated by the commission pursuant to subdivision (b) of Section

30610.1 shall, prior to the commencement of construction, secure from the local

government with jurisdiction over the lot in question a written certification or

determination that the lot meets the criteria specified in subdivision (c) of Section

30610.1 and is therefore exempt from the coastal development permit requirements of

this division. A copy of every certification of exemption shall be sent by the issuing local

government to the commission within five working days after it is issued.

(b) If the commission does not designate the areas within the coastal zone as

required by subdivision (b) of Section 30610.1 within the 60 days specified therein, a

local government may make the certification authorized by subdivision (a) of this section

without regard to the requirements of subdivision (b) of Section 30610.1.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 1087, Stats. 1980; Ch. 285, Stats.

1991.)

Section 30610.3 Inadequate public access through subdivided area; adoption

of access program; financing; in-lieu fees

(a) Whenever the commission determines (1) that public access opportunities

through an existing subdivided area, which has less than 75 percent of the subdivided

lots built upon, or an area proposed to be subdivided are not adequate to meet the

public access requirements of this division and (2) that individual owners of vacant lots

in those areas do not have the legal authority to comply with public access requirements

as a condition of securing a coastal development permit for the reason that some other

person or persons has legal authority, the commission shall implement public access

requirements as provided in this section.

(b) The commission, on its own motion or at the request of an affected property

owner, shall identify an area as meeting the criteria specified in subdivision (a). After an

area has been identified, the commission shall, after appropriate public hearings adopt

a specific public access program for the area and shall request that the State Coastal

Conservancy, established pursuant to Division 21 (commencing with Section 31000),

implement the program. The access program shall include, but not be limited to, the

identification of specific land areas and view corridors to be used for public access, any

facilities or other development deemed appropriate, the commission's recommendations

regarding the manner in which public access will be managed, and the types of

permitted public uses. The State Coastal Conservancy shall, pursuant to its authority,

implement the public access program.

appropriated from the Coastal Access Account for the purchase of lands and view

easements and to pay for any development needed to carry out the public access

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program specified in subdivision (a). Not more than 5 percent of the amount of funds

necessary to carry out each public access program may be provided as a grant to the

State Coastal Conservancy for its administrative costs incurred in carrying out the

access program.

(d) The State Coastal Conservancy may enter into any agreement it deems

necessary and appropriate with any state or local public agency or with a private

association authorized to perform those functions for the operation and maintenance of

any access facilities acquired or developed pursuant to this section.

(e) Every person receiving a coastal development permit or a certificate of

exemption for development on any vacant lot within an area designated pursuant to this

section shall, prior to the commencement of construction, pay to the commission, for

deposit in the Coastal Access Account, an "in-lieu" public access fee. The amount of

each fee shall be determined by dividing the cost of acquiring the specified lands and

view easements by the total number of lots within the identified area. The proportion of

acquisition cost that can be allocated to lots built upon pursuant to permits that were not

subject to public access conditions under this division or the California Coastal Zone

Conservation Act of 1972 (former Division 18 (commencing with Section 27000)) shall

be paid from the Coastal Access Account. An "in-lieu" public access fee may be in the

form of an appropriate dedication, in which event the lots to which the dedication can be

credited shall not be counted toward the total number of lots used in arriving at the "in-

lieu" public access fee share for each remaining lot.

(f) For purposes of determining the acquisition costs specified in subdivision (e),

the State Coastal Conservancy may, in the absence of a fixed price agreed to by both

the State Coastal Conservancy and the seller, specify an estimated cost based on a

formal appraisal of the value of the interest proposed to be acquired. The appraisal shall

be conducted by an independent appraiser under contract with the State Coastal

Conservancy and shall be completed within l20 days of the adoption of the specific

public access program by the commission pursuant to subdivision (b). The appraisal

shall be deemed suitable for all purposes of the Property Acquisition Law (Part 11,

(commencing with Section 15850 of the Government Code)). For every year following

public acquisition of the interests in land specified as part of a public access program

and prior to payment of the required "in-lieu" fee, a carrying cost factor equal to 5

percent of the share attributable to each lot shall be added to any unpaid "in-lieu" public

access fee, provided, however, that a lot owner may pay the "in-lieu" public access fee

at any time after public acquisition in order to avoid payment of the carrying cost factor.

(g) No provision of this section may be applied within any portion of the

unincorporated area in the County of Sonoma, commonly known as the Sea Ranch.

(Added by Ch. 919, Stats, 1979. Amended by Ch. 337, Stats. 2003; Ch. 183, Stats.

2004.)

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Section 30610.4 Single family residence construction; designation of areas

where coastal development permit not required

(a) Upon establishment of an acquisition cost pursuant to subdivision (f) of

Section 30610.3, the commission shall review the area in question to determine if all or

some portion of that area meets the criteria specified in subdivision (b) of Section

30610.1 for areas within which no coastal development permit will be required from the

commission for construction of single-family residences. Notwithstanding paragraph (1)

of subdivision (c) of Section 30610.1, lots other than those immediately adjacent to any

beach or to the mean high tide line where there is no beach can be included in this

exclusion area. If the commission determines an area designated pursuant to

subdivision (b) of Section 30610.3 meets that criteria, the area shall be designated as

one wherein no coastal development permit from the commission shall be required for

the construction of single-family residences.

(b) Prior to the commencement of construction of any single-family residence

within an area designated pursuant to this section, a certificate of exemption must be

obtained pursuant to Section 30610.2 and the appropriate "in-lieu" public access fee

shall be paid.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 285, Stats. 1991; Ch. 538, Stats.

2006.)

Section 30610.5 Urban land areas; exclusion from permit provisions;

conditions

Urban land areas shall, pursuant to the provisions of this section, be excluded from the

permit provisions of this chapter.

(a) Upon the request of a local government, an urban land area, as specifically

identified by such local government, shall, after public hearing, be excluded by the

commission from the permit provisions of this chapter where both of the following

conditions are met:

(l) The area to be excluded is either a residential area zoned and developed to a

density of four or more dwelling units per acre on or before January 1, 1977, or a

commercial or industrial area zoned and developed for such use on or before January

1, 1977.

(2) The commission finds both of the following:

(i) Locally permitted development will be infilling or replacement and will be in

conformity with the scale, size, and character of the surrounding community.

(ii) There is no potential for significant adverse effects, either individually or

cumulatively, on public access to the coast or on coastal resources from any locally

permitted development; provided, however, that no area may be excluded unless more

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than 50 percent of the lots are built upon, to the same general density or intensity of

use.

(b) Every exclusion granted under subdivision (a) of this section and subdivision

of (e) Section 30610 shall be subject to terms and conditions to assure that no

significant change in density, height, or nature of uses will occur without further

proceedings under this division, and an order granting an exclusion under subdivision

(e) of Section 30610, but not under subdivision (a) of this section may be revoked at any

time by the commission, if the conditions of exclusion are violated. Tide and submerged

land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the

mean high tide line of the sea where there is no beach, and all lands and waters subject

to the public trust shall not be excluded under either subdivision (a) of this section or

subdivision (e) of Section 30610.

(Amended by Ch. 1087, Stats. 1980.)

Section 30610.6 Sea Ranch in Sonoma County

(a) The Legislature hereby finds and declares that it is in the public interest to

provide by statute for the resolution of the lengthy and bitter dispute involving

development of existing legal lots within the unincorporated area of Sonoma County,

commonly known as the Sea Ranch. The reasons for the need to finally resolve this

dispute include the following:

(1) Acknowledgment by the responsible regulatory agencies that development of

existing lots at Sea Ranch can proceed consistent with the provisions of this division

and other applicable laws provided certain conditions have been met. Development has

been prevented at considerable costs to property owners because these conditions

have not been met.

(2) That it has been, and continues to be, costly to Sea Ranch property owners

and the public because of, among other reasons, extensive and protracted litigation,

continuing administrative proceedings, and escalating construction costs.

(3) The need to provide additional public access to and along portions of the

coast at the Sea Ranch in order to meet the requirements of this division. The

continuation of this dispute prevents the public from enjoying the use of those access

opportunities.

(4) The commission is unable to refund 118 "environmental deposits" to property

owners because coastal development permit conditions have not been met.

(5) It appears likely that this lengthy dispute will continue unless the Legislature

provides a solution, and the failure to resolve the dispute will be unfair to property

owners and the public.

(b) The Legislature further finds and declares that because of the unique

circumstances of this situation, the provisions of this section constitute the most

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expeditious and equitable mechanism to ensure a timely solution that is in the best

property owners and that is consistent with this division.

advantage of the terms of this section, they shall, not sooner than April 1, 1981, and not

later than July 1, 1981, deposit into escrow deeds and other necessary documents that

have been determined by the State Coastal Conservancy before their deposit in escrow

to be legally sufficient to convey to the State Coastal Conservancy enforceable and

nonexclusive public use easements free and clear of liens and encumbrances for the

easements specifically described in this subdivision. Upon deposit of five hundred

thousand dollars ($500,000) into the same escrow account by the State Coastal

Conservancy, but in no event later than 30 days after the deeds and other necessary

documents have been deposited in the escrow account, the escrow agent shall transmit

the five hundred thousand dollars ($500,000), less the escrow, title, and administrative

costs of the State Coastal Conservancy, in an amount not to exceed twenty thousand

dollars ($20,000), to the Sea Ranch Association and shall convey the deeds and other

necessary documents to the State Coastal Conservancy. The conservancy shall

subsequently convey the deeds and other necessary documents to an appropriate

public agency that is authorized and agrees to accept the easements. The deeds

specified in this subdivision shall be for the following easements:

(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access easement from a

point on State Highway 1, 50 feet north of a mile post marker 56.75, a day parking area

for 10 vehicles, a 15-foot wide pedestrian accessway from the parking area continuing

west to the bluff-top trail, and a 15-foot wide bluff-top pedestrian easement beginning at

the southern boundary of Gualala Point County Park and continuing for approximately

three miles in a southerly direction to the sandy beach at the northern end of Unit 28

just north of Walk-on Beach together with a 15-foot wide pedestrian easement to

provide a connection to Walk-on Beach to the south.

(2) In Unit 24, a day parking area west of State Highway 1, just south of

Whalebone Reach, for six vehicles, and a 15-foot wide pedestrian accessway over Sea

Ranch Association common areas crossing Pacific Reach and continuing westerly to

the southern portion of Shell Beach with a l5-foot wide pedestrian easement to connect

with the northern portion of Shell Beach.

(3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway from State

Highway 1, mile post marker 53.96, a day parking area for 10 vehicles, and a 15-foot

wide pedestrian accessway from the parking area to the beach at the intersection of

Units 21 and 36.

(4) In Unit 17, adjacent to the intersection of Navigator's Reach and State

Highway 1, 75 feet north of mile post marker 52.21, enough land to provide day parking

for four vehicles and a 15-foot wide pedestrian accessway from the parking area to

Pebble Beach.

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(5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway from State

Highway 1, mile post marker 50.85, a day parking area for 10 vehicles and a 15-foot

wide pedestrian accessway from the parking area to Black Point Beach.

(6) With respect to each of the beaches to which access will be provided by the

easements specified in this subdivision, an easement for public use of the area between

the line of mean high tide and either the toe of the adjacent bluff or the first line of

vegetation, whichever is nearer to the water.

(7) Scenic view easements for those areas specified by the executive director, as

provided in subdivision (d), and which easements allow for the removal of trees in order

to restore and preserve scenic views from State Highway 1.

(d) The executive director of the commission shall, within 30 days after the

effective date of this section, specifically identify the areas along State Highway 1 for

which the scenic view easements provided for in paragraph (7) of subdivision (c) will be

required. In identifying the areas for which easements for the restoration and

preservation of public scenic views will be required, the executive director shall take into

account the effect of tree removal so as to avoid causing erosion problems. It is the

intent of the Legislature that only those areas be identified where scenic views to or

along the coast are unique or particularly beautiful or spectacular and which thereby

take on public importance. The restoration and preservation of the scenic view areas

specified pursuant to this subdivision shall be at public expense.

(e) Within 30 days after the effective date of this section, the executive director of

the commission shall specify design criteria for the height, site, and bulk of any

development visible from the scenic view areas provided for in subdivision (d). This

criteria shall be enforced by the County of Sonoma if the deeds and other necessary

documents specified in subdivision (c) have been conveyed to the State Coastal

Conservancy. This criteria shall be reasonable so as to enable affected property owners

to build single-family residences of substantially similar overall size to those that

property owners who are not affected by these criteria may build or have already built

under the Sea Ranch Association's building design criteria. The purpose of the criteria is

to ensure that development will not substantially detract from the specified scenic view

areas.

(f) On and after the date on which the deeds and other necessary documents

deposited in escrow pursuant to subdivision (c) have been conveyed to the State

Coastal Conservancy, no additional public access requirements shall be imposed at the

Sea Ranch pursuant to this division by any regional commission, the commission, any

other state agency, or any local government. The Legislature hereby finds and declares

that the provisions of the access facilities specified in this subdivision shall be deemed

adequate to meet the requirements of this division.

(g) The realignment of internal roads within the Sea Ranch shall not be required

by any state or local agency acting pursuant to this division. However, that appropriate

easements may be required by the County of Sonoma to provide for the expansion of

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State Highway 1 for the development of turnout and left-turn lanes and for the location

of a bicycle path, when the funds are made available for those purposes. The

Legislature finds and declares that this subdivision is adequate to meet the

requirements of this division to ensure that new development at the Sea Ranch will not

overburden the capacity of State Highway 1 to the detriment of recreational users.

(h) No coastal development permit shall be required pursuant to this division for

the development of supplemental water supply facilities determined by the State Water

Resources Control Board to be necessary to meet the needs of legally permitted

development within the Sea Ranch. The commission, through its executive director,

shall participate in the proceedings before the State Water Resources Control Board

relating to these facilities and may recommend terms and conditions that the

commission deems necessary to protect against adverse impacts on coastal zone

resources. The State Water Resources Control Board shall condition any permit or

other authorization for the development of these facilities so as to carry out the

commission's recommendation, unless the State Water Resources Control Board

determines that the recommended terms or conditions are unreasonable. This

subdivision shall become operative if the deeds and other necessary documents

specified in subdivision (c) have been conveyed to the State Coastal Conservancy.

(i) Within 90 days after the effective date of this section, the commission, through

its executive director, shall specify criteria for septic tank construction, operation, and

monitoring within the Sea Ranch to ensure protection of coastal zone resources

consistent with the policies of this division. The North Coast Regional Water Quality

Control Board shall review the criteria and adopt it, unless it finds the criteria or a

portion thereof is unreasonable. The regional board shall be responsible for the

enforcement of the adopted criteria if the deeds and other necessary documents

specified in subdivision (c) have been conveyed to the State Coastal Conservancy.

(j) Within 60 days after the date on which the deeds and other necessary

documents deposited in escrow pursuant to subdivision (c) have been conveyed to the

State Coastal Conservancy, the commission shall refund every Sea Ranch

"environmental deposit" together with any interest earned on the deposit to the person,

or the person’s designee, who paid the deposit.

(k) Notwithstanding any other provision of law, on and after the date on which the

deeds and other necessary documents deposited in escrow pursuant to subdivision (c)

have been conveyed to the State Coastal Conservancy, a coastal development permit

shall not be required pursuant to this division for the construction of any single-family

residence dwelling on any vacant, legal lot existing at the Sea Ranch on the effective

date of this section. With respect to any other development for which a coastal

development permit is required within legally existing lots at the Sea Ranch, no

conditions may be imposed pursuant to this division that impose additional public

access requirements or that relate to supplemental water supply facilities, septic tank

systems, or internal road realignment.

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(l) Notwithstanding any other provision of law, if on July 1, 1981, deeds and other

necessary documents that are legally sufficient to convey the easements specified in

subdivision (c) have not been deposited in an escrow account, the provisions of this

section shall no longer be operative and shall have no force or effect and thereafter all

the provisions of this division in effect before enactment of this section shall again be

applicable to any development within the Sea Ranch.

(m) The Legislature hereby finds and declares that the provisions for the

settlement of this dispute, especially with respect to public access, as set forth in this

section provide an alternative to and are equivalent to the provisions set forth in Section

30610.3. The Legislature further finds that the provisions of this section are not in lieu of

the permit and planning requirements of this division but rather provide for an alternative

mechanism to Section 30610.3 for the resolution of outstanding issues at the Sea

Ranch.

(Added by Ch. 1371, Stats. 1980. Amended by Ch. 538, Stats. 2006; Ch. 97, Stats.

2022.)

Section 30610.8 Hollister Ranch; public access program; in-lieu fee;

implementation

(a) The Legislature hereby finds and declares that a dispute exists at the Hollister

Ranch in the Santa Barbara County with respect to the implementation of public access

policies of this division and that it is in the interest of the state and the property owners

at the Hollister Ranch to resolve this dispute in an expeditious manner. The Legislature

further finds and declares that public access should be provided in a timely manner and

that in order to achieve this goal, while permitting property owners to commence

construction, the provisions of this section are necessary to promote the public's

welfare.

(b) For purposes of Section 30610.3 and with respect to the Hollister Ranch

public access program, the in-lieu fee shall be thirty-three thousand dollars ($33,000) for

each permit, adjusted annually for inflation pursuant to the consumer price index. Upon

payment by the applicant for a coastal development permit of this in-lieu fee to the State

Coastal Conservancy for use in implementing the public access program, the applicant

may immediately commence construction if the other conditions of the coastal

development permit, if any, have been met. No condition may be added to a coastal

development permit that was issued prior to the effective date of this section for any

development at the Hollister Ranch.

their full authority provided under law to implement, as expeditiously as possible, the

public access policies and provisions of this division at the Hollister Ranch in the County

of Santa Barbara.

(Added by Ch. 43, Stats. 1982. Amended by Ch. 1551, Stats. 1984; Ch. 692, Stats.

2019.)

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Section 30610.81 Coastal lands: public access program: Hollister Ranch

(a) (1) To ensure public access to Hollister Ranch in the County of Santa

Barbara, the commission shall, in collaboration with the State Coastal Conservancy, the

Department of Parks and Recreation, and the State Lands Commission, by April 1,

2021, develop a contemporary public access program for Hollister Ranch that will

replace the existing coastal access program for Hollister Ranch that the commission

adopted in 1982.

(2) The public access program for Hollister Ranch shall be informed by a public

outreach and stakeholder engagement process and shall include, at a minimum, all of

the following:

(A) A list of public access options to the state-owned tidelands at Hollister Ranch.

Each option shall, at a minimum, include options for public access by land and shall

include a description of the scope of access as well as an assessment of

implementation costs and ongoing operation.

(B) A description of the physical environment at Hollister Ranch, including the

shoreline, beach areas, coastal and marine habitat, existing land uses, and cultural and

historical resources.

tidelands at Hollister Ranch.

(D Educational and scientific research opportunities along the Hollister Ranch

coast associated with the natural, cultural, and historical resources.

(E) Provisions to protect and preserve sensitive natural, cultural, and historical

resources.

(3) In addition to the components required by paragraph (2), the public access

program shall include all of the following:

(A) A summary of permits needed to implement the program.

(B) An implementation strategy.

access that includes a first phase of public access to the beach by land controlled by

the Hollister Ranch Owners Association. On or before April 1, 2022, the State Coastal

Conservancy shall fully implement the first phase of the public access to the beach.

Implementation of this subparagraph is subject to appropriation of funding to provide for

the specified land access.

(4) An action by a private person or entity to impede, delay, or otherwise obstruct

the implementation of the public access pursuant to subparagraph (C) of paragraph (3)

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or other provisions of the public access program constitutes a violation of the public

access provisions of this division.

(b) The commission, the State Coastal Conservancy, the Department of Parks

and Recreation, and the State Lands Commission, or their designated representatives,

shall have access to the common areas within Hollister Ranch in order to evaluate

resources and determine appropriate public access opportunities and to fulfill

implementation of the public access program identified in this section.

for any reason, the commission, in collaboration with the State Coastal Conservancy,

the Department of Parks and Recreation, and the State Lands Commission, shall

submit a report to the Legislature within 30 days of missing the deadline. The report

shall include an explanation for why the public access program has been delayed, a

proposed completion date, and any other relevant information pertinent to the

completion of the full implementation of the public access program for Hollister Ranch.

A report to be submitted pursuant to this subdivision shall be submitted in compliance

with Section 9795 of the Government Code.

(d) Notwithstanding provision 2 of category (2) of Item 3760-490-721 of the

Budget Act of 1984, all in-lieu fees received pursuant to subdivision (b) of Section

30610.8 before, on, or after January 1, 2020, as well as other moneys received by the

State Coastal Conservancy for providing public access at Hollister Ranch from other

public or private sources, including nonprofit sources, shall be deposited in the Hollister

Ranch Access Management Subaccount, which is hereby created in the State Coastal

Conservancy Fund. Moneys in the subaccount, upon appropriation by the Legislature,

shall be used for any action necessary to implement the public access program for

Hollister Ranch.

(Added by Ch. 692, Stats. 2019.)

Section 30610.9 Film production projects in coastal zones; expedited permit

procedures

(a) This section applies only if the governing body of a local government elects to

designate the commission as the processing and permitting authority for purposes of

this section.

(b) In order to expedite the processing of an application for a coastal

development permit for a motion picture, television, or commercial production project in

the coastal zone, the governing body of a local government with a certified local coastal

program may elect to designate the commission as the appropriate authority to process

and issue a coastal development permit for a temporary, nonrecurring location set, if the

production activity, including preparation, construction, filming, and set removal at the

site will not exceed 190 days, in accordance with the following procedures:

(1) The applicant shall submit a copy of the commission's coastal development

permit application, or the local coastal development permit application, to the local

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government. The governing body of the local government may elect to designate the

commission as the processing and permitting authority on a project-by-project basis.

The governing body may designate the local coastal administrator or other designee as

the decision-making 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.

(Added by Ch. 491, Stats. 1999.)

Section 30611 Emergencies; waiver of permit

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) one hundred twenty-five thousand dollars ($125,000),

adjusted annually for inflation pursuant to the consumer price index.

(Amended by Ch. 118, Stats. 2023.)

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Section 30612 Application for permit to demolish a structure

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.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 1173, Stats. 1981.)

Section 30612.5 (Repealed by Ch. 472, Stats. 2019.)

Section 30613 Public trust lands which are filled, developed, and committed

to urban uses; coastal development permits; local coastal

programs; categorical or urban exclusions

(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.

subject of coastal development permits, local coastal program, categorical exclusions or

urban exclusions, which have previously been approved, authorized, or certified by the

commission.

(Added by Ch. 43, Stats, 1982.)

Section 30614 Responsibility of commission to ensure coastal development

permit conditions are enforced and do not expire during term

of permit; release of housing units for persons and families of

low or moderate income

(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.

(Added by Ch. 297, Stats. 2002.)

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Section 30615 Competitions on state property; prize compensation; gender equity

(a) As used in this section:

(1) “Event” means a competition event within the coastal zone.

(2) “Prize compensation” includes prize or purse money, other prizes, goods, or

other compensation.

(b) The commission shall require as a condition of a coastal development permit

for any event that awards prize compensation to competitors in gendered categories, for

any participant level that receives prize compensation, that the prize compensation for

each gendered category be identical at each participant level. The commission shall not

approve a coastal development permit for an event that does not comply with this

condition.

(Added by Ch. 276, Stats. 2019.)

Section 30616 California Offshore Wind Energy Fisheries Working Group

(a)(1) The California Offshore Wind Energy Fisheries Working Group is

hereby established. The working group shall be composed of representatives of

the commission, the Department of Fish and Wildlife, the State Lands

Commission, the Ocean Protection Council, representatives of the commercial

and recreational fishing industries, the offshore wind energy industry,

representatives of relevant federal agencies, representatives of California Native

American tribes with affected tribal fisheries, and other stakeholders as

appropriate, as determined by the commission.

(2) The number of representatives in the working group representing the

commercial and recreational fishing industries, the offshore wind energy

industry, California Native American tribes with affected tribal fisheries, and any

other stakeholders included in the working group, as specified in paragraph (1),

shall be determined by the commission.

(b) On or before January 1, 2025, the commission, in coordination with the

Department of Fish and Wildlife, shall convene the working group for the purpose

of developing a statewide strategy for ensuring that offshore wind energy

projects avoid and minimize impacts to ocean fisheries to the maximum extent

possible, avoid, minimize, and mitigate impacts to fishing and fisheries in a

manner that prioritizes fishery productivity, viability, and long-term resilience,

and fairly and reasonably compensate persons engaged in the commercial and

recreational fishing industries and tribal fisheries for economic impacts to ocean

fisheries resulting from offshore wind energy projects.

best practices for addressing impacts to the commercial and recreational fishing

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industries, tribal fisheries, and environmental resources associated with offshore

wind energy projects, including, but not limited to, the following:

(1) Protocols for communication among impacted parties.

(2) A methodology for a comprehensive project-level socioeconomic

analysis of direct and indirect impacts to commercial and recreational fishing

industries and tribal fisheries.

(3) Best practices for offshore surveys and data collection to assess

impacts.

(4) Best practices for avoidance and minimization of impacts, including the

use of evidence-informed adaptive management.

(5) A template for a fishing agreement that includes all relevant elements of

the statewide strategy.

(6) A template for an agreement addressing tribal fishing interests that

includes all relevant elements of the statewide strategy.

(7) (A) A framework for reasonable compensatory mitigation for

unavoidable impacts to the commercial and recreational fishing industries and

tribal fisheries.

(B) The framework for reasonable compensatory mitigation shall include a

payment structure to reasonably compensate commercial, tribal, and recreational

fisheries and impacted commercial fish processors for unavoidable impacts

associated with offshore wind energy projects, including for all of the following:

(i) Investments in fleet improvements to promote resiliency.

(ii) Reasonable compensation for the commercial fishing industry for

personal property losses caused by offshore wind energy projects. The working

group shall ensure that payments for purposes of this clause provide sufficient

funds for the entire lifetime of the offshore wind energy project to reasonably

compensate the commercial fishing industry for all lost personal property.

(iii) Reasonable compensation for lost commercial and tribal revenue due

to reduced fishing grounds.

(iv) Funding for robust monitoring and evaluation of offshore wind turbines

and their impact on fisheries and the surrounding environment.

(v) A proportionate amount from each lessee that is sufficient to cover

state costs pursuant to this section, including, but not limited to, the costs of the

working group’s activities and other administrative expenses.

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(8) A recognition of locally negotiated agreements between the fishing

industry and offshore wind energy leaseholders.

(d)(1) The working group shall complete the statewide strategy, including

the framework for reasonable compensatory mitigation for unavoidable impacts,

on or before January 1, 2026.

(2) The commission shall review for consistency with Chapter 3

(commencing with Section 30200), modify as necessary, and adopt, the statewide

strategy, including the framework for reasonable compensatory mitigation for

unavoidable impacts, on or before May 1, 2026.

(3)(A) An applicant seeking approval or concurrence from a state agency

for an offshore wind energy project shall comply with the terms,

recommendations, and best practices established in the statewide strategy, as

adopted by the commission.

(B) The commission shall ensure that the terms, recommendations, and

best practices established in the statewide strategy, as adopted by the

commission, are implemented.

(4) The commission shall review the statewide strategy as needed to

determine if any changes are necessary. At a regularly noticed public hearing, the

commission shall present the outcome of any review pursuant to this paragraph

and may, by resolution, authorize the reconvening of the working group.

(e) Representatives of the commercial fishing industry, recreational fishing

industry, and California Native American tribes who participate in the working

group shall be compensated for expenses reasonably incurred for approved

working group activities, including attendance at meetings, at a rate of fifty

dollars ($50) per hour, up to no more than five hundred dollars ($500) per day.

Representatives of the commercial fishing industry, recreational fishing industry,

and California Native American tribes may also receive reimbursement for

reasonable travel expenses. Funds used to compensate representatives of the

commercial fishing industry, recreational fishing industry, and California Native

American tribes pursuant to this subdivision shall be paid from the Offshore

Wind Energy Resiliency Fund to the extent funds are available pursuant to

subdivision (b) of Section 7100.

(Added by Ch. 386, Stats. 2023.)

Section 30617 Offshore wind; workforce development plans; consultation

As part of the commission’s federal consistency process, when reviewing a

workforce development plan submitted to the federal Bureau of Ocean Energy

Management consistent with conditions 5 and 6 of the commission’s Consistency

Determination CD-0001-22 and Consistency Determination CD-0004-22 and

existing statutory requirements, the commission shall consult with

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representatives of labor organizations for the construction trades and maritime

and longshore workforce in furtherance of providing for career and workforce

training and retraining for individuals whose livelihoods are disrupted by the

development of offshore wind energy projects.

(Added by Ch. 386, Stats. 2023.)

ARTICLE 2

DEVELOPMENT CONTROL PROCEDURES

Section 30620 Interim procedures; permanent procedures; filing fees and

expense reimbursements; frivolous appeals

(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, all of 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 before the certification, and through the preparation and

amendment, 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) No 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. After May 1, 1977, the commission

may, 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 the purposes of this division.

(c)(1) The commission may require a reasonable filing fee and the

reimbursement of expenses for the processing by the commission of an 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, that is submitted for review by the

commission.

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(2) A coastal development permit fee that is collected by the commission under

paragraph (1) shall be deposited in the Coastal Act Services Fund established pursuant

to Section 30620.1. This paragraph does not authorize an increase in fees or create any

new authority on the part of the commission.

(3) The commission may waive the filing fee for an application for a coastal

development permit required under this division. When considering a request for a

waiver of a filing fee pursuant to this paragraph, the commission shall give extra

consideration to a private nonprofit organization that qualifies for tax-exempt status

under Section 501(c)(3) of the Internal Revenue Code if the permit is required for a

habitat restoration project or a project to provide public access to coastal resources.

(d) With respect to an 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 a person other than a member of the commission or a 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.

(Amended by Ch. 285, Stats. 1991; Ch. 802, Stats. 1991; Ch. 427, Stats. 1992; Ch.

753, Stats. 1993; Ch. 669, Stats. 1995; Ch. 782, Stats. 1997; Ch. 760, Stats. 2008; Ch.

472, Stats. 2013; Ch. 71, Stats. 2014; Ch. 185, Stats. 2019.)

Section 30620.1 Coastal Act Services Fund created; purpose; annual transfer

(a) The Coastal Act Services Fund is hereby created in the State Treasury, to be

administered by the commission. The moneys in the fund, upon appropriation by the

Legislature in the annual Budget Act, shall be expended by the commission in

accordance with this chapter to enforce the California Coastal Act and to provide

services to local government, permit applicants, public agencies, and the public

participating in the implementation of this division.

(b) Five hundred thousand dollars ($500,000), adjusted annually by the

application of the California Consumer Price Index for Urban Consumers as determined

by the Department of Industrial Relations pursuant to Section 2212 of the Revenue and

Taxation Code, shall be transferred annually from the Coastal Act Services Fund to the

Coastal Access Account established pursuant to Section 30620.2.

(Added by Ch. 760, Stats. 2008.)

Section 30620.2 Coastal Access Account created; purpose

The Coastal Access Account 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

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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.

(Added by Ch. 760, Stats. 2008.)

Section 30620.5 Local government exercising option under Section 30600

subdivision (b)

(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.

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.

(Amended by Ch. 1173, Stats. 1981.)

Section 30620.6 Public notice and appeal procedures; time for adoption

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.

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Section 30621 De novo hearings; notice; time; filing of appeals

(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 working 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.

(Amended by Ch. 1075, Stats, 1978; Ch. 919, Stats. 1979; Ch. 285, Stats. 1991; Ch.

669, Stats. 1995; Ch. 546, Stats. 2016.)

Section 30622 Action on permit application or appeal

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.

(Amended by Ch. 919, Stats. 1979; Ch. 285, Stats. 1991.)

Section 30623 Stay on appeal

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.

(Amended by Ch. 285, Stats. 1991.)

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Section 30624 Emergencies and certain nonemergency developments;

issuance of permits without compliance with procedures;

requests that permits not be effective

(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 membership 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.

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.

(Amended by Ch. 1075, Stats. 1978; Ch. 919, Stats. 1979; Ch. 1173, Stats. 1981; Ch.

43, Stats. 1982.)

Section 30624.7 Waivers from permit requirements for de minimis

developments; procedure for issuance

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

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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.

(Added by Ch. 43, Stats. 1982.)

Section 30624.9 Minor development; waivers of permit application hearings;

notice

(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).

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.

(Added by Ch. 669, Stats. 1995.)

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Section 30625 Persons who may appeal; powers of reviewing body; effect of

decisions

(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.

or port governing bodies in their future actions under this division.

(Amended by Ch. 43, Stats. 1982; Ch. 285, Stats. 1991.)

Section 30626 Reconsideration

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.

(Amended by Ch. 285, Stats. 1991.)

Section 30627 Procedures for reconsideration

(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.

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(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.

(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.

(Added by Ch. 919, Stats. 1979. Amended by Ch. 285, Stats. 1991.)

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CHAPTER 8

PORTS

ARTICLE l

FINDINGS AND GENERAL PROVISIONS

Section

30700 Ports included

30700.5 Application of other provisions

30701 Legislative finding and declaration

ARTICLE 2

POLICIES

Section

30702 Public policy

30703 Protection of commercial fishing harbor space

30705 Diking, filling or dredging water areas

30706 Fill

30707 Tanker terminals

30708 Location, design and construction of port related developments

ARTICLE 3

IMPLEMENTATION: MASTER PLAN

Section

30710 Jurisdictional map; map delineating wetland, estuary or recreational areas

30711 Preparation and contents of plan

30712 Solicitation of information; notice of completion; public hearing

30713 (repealed)

30714 Adoption of plan; certification

30715 Permit authority; appealable approvals

30715.5 Finding of conformity

30716 Amendment; commission certification; minor or de minimis amendment

procedure; guidelines

30717 Approval of appealable development; notice effective date; appeals

30718 Nonappealable developments; environmental impact reports

30719 Projects deemed certified

30720 Judicial prohibition or stay; reinstatement of permit authority

30721 Port Hueneme reimbursement costs

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ARTICLE l

FINDINGS AND GENERAL PROVISIONS

Section 30700 Ports included

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.

(Amended by Ch. 714, Stats. 1981.)

Section 30700.5 Application of other provisions

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.

Section 30701 Legislative finding and declaration

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.

Conservation District, should be encouraged to pursue development that

contributes to the construction and deployment of offshore wind energy

generation facilities, consistent with the policies of this division.

(Amended by Ch. 515, Stats. 1977; Ch. 292, Stats. 2023.)

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ARTICLE 2

POLICIES

Section 30702 Public policy

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.

Section 30703 Protection of commercial fishing harbor space

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.

Section 30705 Diking, filling or dredging water areas

(a) Water areas may be diked, filled, or dredged when consistent with a certified

port master plan only for the following:

(1) Such construction, deepening, widening, lengthening, or maintenance of ship

channel approaches, ship channels, turning basins, berthing areas, and facilities as 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.

164

(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.

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 such 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.

(Amended by Ch. 310, Stats. 1984.)

Section 30706 Fill

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.

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.

Section 30707 Tanker terminals

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.

165

recovery equipment.

(d) Have onshore deballasting facilities to receive any fouled ballast water from

tankers where operationally or legally required.

Section 30708 Location, design and construction of port-related

developments

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.

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.

ARTICLE 3

IMPLEMENTATION: MASTER PLAN

Section 30710 Jurisdictional map; map delineating wetland, estuary or

recreational areas

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.

Section 30711 Preparation, adoption and contents of plan

(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.

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(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.

Section 30712 Solicitation of information; notice of completion; public

hearing

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.

Section 30713 (Repealed by Ch. 294, Stats. 2006.)

Section 30714 Adoption of plan; certification

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 the 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:

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(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 the policies of Chapter 3 (commencing with Section 30200).

(Amended by Ch. 651, Stats. 1981.)

Section 30715 Permit authority; appealable approvals

(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.

(Amended by Ch. 584, Stats. 1983.)

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Section 30715.5 Finding of conformity

No developments 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.

Section 30716 Amendment; commission certification; minor or de minimis

amendment procedure; guidelines

(a) A certified port master plan may be amended by the port governing body, but

an amendment shall not 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. These amendments shall take effect on the 10th working

day after the executive director designates the 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.

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(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 (a) or, at the request of the port governing body, returned to the port

governing body. If set for public hearing under subdivision (a), 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.

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.

(Amended by Ch. 525, Stats. 1994; Ch. 538, Stats. 2006; Ch. 208, Stats. 2009.)

Section 30717 Approval of appealable development; notice; effective date;

appeals

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

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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.

Section 30718 Nonappealable developments; environmental impact

documents

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.

Section 30719 Projects deemed certified

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.

Section 30720 Judicial prohibition or stay; reinstatement of permit authority

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.

(Amended by Ch. 285, Stats. 1991.)

Section 30721 Port Hueneme; reimbursement of costs

(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.

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(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.

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.

(Added by Ch. 741, Stats. 1978.)

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CHAPTER 9

JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES

ARTICLE l

GENERAL PROVISIONS

Section

30800 Additional remedies

30801 Petition for writ of mandate; aggrieved person

30802 Decisions or actions not appealable to commission; petition for writ of

mandate; intervention

30803 Declaratory and equitable relief; cease and desist orders; restoration

orders; bonds; stay

30804 Enforcement of duties; bond

30805 Recovery of civil penalties

30805.5 Recovery of penalties; limitation of action

30806 Change of venue; legal assistance

30807 (repealed)

30808 Actions to ensure compliance with terms and conditions of urban

exclusion

30809 Ex parte cease and desist orders; notice; terms and conditions; time of

effectiveness; duration

30810 Cease and desist orders issued after public hearing; terms and conditions;

notice of hearing; finality and effectiveness of order

30811 Restoration order; violations

30812 Notification of intention to record property violation; contents; public

hearings; review

ARTICLE 2

PENALTIES

Section

30820 Civil liability; violations; amount; factors

30821 Administrative civil penalties for access violations

30821.3 Administrative civil penalties for non-access violations

30821.6 Violation of orders; civil penalties; local government agency actions

30822 Exemplary damages

30823 Disposal of funds

30824 Ex parte communications, disclosure; additional fines; fees and costs

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ARTICLE 1

GENERAL PROVISIONS

Section 30800 Additional remedies

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

Section 30801 Petition for writ of mandate; aggrieved person

(a) 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.

(b) 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 before a hearing, informed the commission, local government, or

port governing body of the nature of their 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.

(Amended by Ch. 285, Stats. 1991; Ch. 97, Stats. 2022.)

Section 30802 Decisions or actions not appealable to commission; petition

for writ of mandate; intervention

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.

(Amended by Ch. 1173, Stats. 1981.)

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Section 30803 Declaratory and equitable relief; cease and desist orders;

restoration orders; bonds; stay

(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.

(Amended by Ch. 761, Stats. 1991; Ch. 1199, Stats. 1993.)

Section 30804 Enforcement of duties; bond

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.

(Amended by Ch. 285, Stats. 1991.)

Section 30805 Recovery of civil penalties

Any person may maintain an action for the recovery of civil penalties provided for in

Section 30820 or 30821.6.

(Amended by Ch. 761, Stats. 1991; Ch. 1088, Stats. 1992; Ch. 1199, Stats. 1993.)

Section 30805.5 Recovery of penalties; limitation of action

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.

(Added by Ch. 1199, Stats. 1993.)

Section 30806 Change of venue; legal assistance

(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.

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(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.

(Amended by Ch. 919, Stats. 1979; Ch. 285, Stats. 1991.)

Section 30807 (Repealed by Ch. 1173, Stats. 1981.)

Section 30808 Actions to ensure compliance with terms and conditions of

urban exclusion

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.

Section 30809 Ex parte cease and desist orders; notice; terms and

conditions; time of effectiveness; duration

(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).

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(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.

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.

(Added by Ch. 761, Stats. 1991.)

Section 30810 Cease and desist orders issued after public hearing; terms and

conditions; notice of hearing; finality and effectiveness of

order

(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 the 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.

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(b) The cease and desist order may be subject to such terms and conditions as

the commission may determine are necessary to ensure compliance with this division,

including immediate removal of any development or material or the setting of a schedule

within which steps shall be taken to obtain a permit pursuant to this division.

given to all affected persons and agencies and the order shall be final and effective

upon the issuance of the order. Copies shall be served immediately by certified mail

upon the person or governmental agency subject to the order and upon other affected

persons and agencies who appeared at the hearing or requested a copy. The notice

shall include a description of the civil remedy to a cease and desist order, authorized by

Section 30803.

(Added by Ch. 761, Stats. 1991. Amended by Ch. 1199, Stats. 1993.)

Section 30811 Restoration order; violations

In addition to any other authority to order restoration, the commission, a local

government that is implementing a certified local coastal program, or a port governing

body that is implementing a certified port master plan may, after a public hearing, order

restoration of a site if it finds that the development has occurred without a coastal

development permit from the commission, local government, or port governing body, the

development is inconsistent with this division, and the development is causing

continuing resource damage.

(Formerly Section 30826, added by Ch. 955, Stats. 1992. Renumbered and amended

by Ch. 1199, Stats. 1993.)

Section 30812 Notification of intention to record property violation; contents;

public hearings; review

(a) Whenever the executive director of the commission has determined, based

on substantial evidence, that real property has been developed in violation of this

division, the executive director may cause a notification of intention to record a notice of

violation to be mailed by regular and certified mail to the owner of the real property at

issue, describing the real property, identifying the nature of the violation, naming the

owners thereof, and stating that if the owner objects to the filing of a notice of violation,

an opportunity will be given to the owner to present evidence on the issue of whether a

violation has occurred.

(b) The notification specified in subdivision (a) shall indicate that the owner is

required to respond in writing, within 20 days of the postmarked mailing of the

notification, to object to recording the notice of violation. The notification shall also state

that if, within 20 days of mailing of the notification, the owner of the real property at

issue fails to inform the executive director of the owner's objection to recording the

notice of violation, the executive director shall record the notice of violation in the office

of each county recorder where all or part of the property is located.

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violation, a public hearing shall be held at the next regularly scheduled commission

meeting for which adequate public notice can be provided, at which the owner may

present evidence to the commission why the notice of violation should not be recorded.

The hearing may be postponed for cause for not more than 90 days after the date of the

receipt of the objection to recordation of the notice of violation.

(d) If, after the commission has completed its hearing and the owner has been

given the opportunity to present evidence, the commission finds that, based on

substantial evidence, a violation has occurred, the executive director shall record the

notice of violation in the office of each county recorder where all or part of the real

property is located. If the commission finds that no violation has occurred, the executive

director shall mail a clearance letter to the owner of the real property.

(e) (1) The notice of violation shall be contained in a separate document

prominently entitled "Notice of Violation of the Coastal Act." The notice of violation shall

contain all of the following information:

(A) The names of the owners of record.

(B) A legal description of the real property affected by the notice.

(D) A commission file number relating to the notice.

(2) The notice of violation, when properly recorded and indexed, shall be

considered notice of the violation to all successors in interest in that property. This

notice is for informational purposes only and is not a defect, lien, or encumbrance on

the property.

(f) Within 30 days after the final resolution of a violation that is the subject of a

recorded notice of violation, the executive director shall mail a clearance letter to the

owner of the real property and shall record a notice of recision in the office of each

county recorder in which the notice of violation was filed, indicating that the notice of

violation is no longer valid. The notice of recision shall have the same effect of a

withdrawal or expungement under Section 405.61 of the Code of Civil Procedure.

(g) The executive director may not invoke the procedures of this section until all

existing administrative methods for resolving the violation have been utilized and the

property owner has been made aware of the potential for the recordation of a notice of

violation. For purposes of this subdivision, existing methods for resolving the violation

do not include the commencement of an administrative or judicial proceeding.

(h) This section only applies in circumstances where the commission is the

legally responsible coastal development permitting authority or where a local

government or port governing body requests the commission to assist in the resolution

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of an unresolved violation if the local government is the legally responsible coastal

development permitting authority.

(i) The commission, 24 months from the date of recordation, shall review each

notice of violation that has been recorded to determine why the violation has not been

resolved and whether the notice of violation should be expunged.

(j) The commission, at any time and for cause, on its own initiative or at the

request of the property owner, may cause a notice of recision to be recorded

invalidating the notice of violation recorded pursuant to this section. The notice of

recision shall have the same effect of a withdrawal or expungement under Section

405.61 of the Code of Civil Procedure.

(Added by Ch. 235, Stats. 2002. Amended by Ch. 62, Stats. 2003.)

ARTICLE 2

PENALTIES

Section 30820 Civil liability; violations; amount; factors

(a) Any person who violates any provision of this division may be civilly liable in

accordance with this subdivision as follows:

(1) Civil liability may be imposed by the superior court in accordance with this

article on any person who performs or undertakes development that is in violation of this

division or that is inconsistent with any coastal development permit previously issued by

the commission, a local government that is implementing a certified local coastal

program, or a port governing body that is implementing a certified port master plan, in

an amount that shall not exceed thirty thousand dollars ($30,000) and shall not be less

than five hundred dollars ($500).

(2) Civil liability may be imposed for any violation of this division other than that

specified in paragraph (1) in an amount that shall not exceed thirty thousand dollars

($30,000).

(b) Any person who performs or undertakes development that is in violation of

this division or that is inconsistent with any coastal development permit previously

issued by the commission, a local government that is implementing a certified local

coastal program, or a port governing body that is implementing a certified port master

plan, when the person intentionally and knowingly performs or undertakes the

development in violation of this division or inconsistent with any previously issued

coastal development permit, may, in addition to any other penalties, be civilly liable in

accordance with this subdivision. Civil liability may be imposed by the superior court in

accordance with this article for a violation as specified in this subdivision in an amount

which shall not be less than one thousand dollars ($1,000), not more than fifteen

thousand dollars ($15,000), per day for each day in which the violation persists.

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considered:

(1) The nature, circumstance, extent, and gravity of the violation.

(2) Whether the violation is susceptible to restoration or other remedial

measures.

(3) The sensitivity of the resource affected by the violation.

(4) The cost to the state of bringing the action.

(5) With respect to the violator, any voluntary restoration or remedial measures

undertaken, any prior history of violations, the degree of culpability, economic profits, if

any, resulting from, or expected to result as a consequence of, the violation, and such

other matters as justice may require.

(Added by Ch. 955, Stats. 1992. Amended by Ch. 1199, Stats. 1993.)

Section 30821 Administrative civil penalties for access violations

(a) In addition to any other penalties imposed pursuant to this division, a person,

including a landowner, who is in violation of the public access provisions of this division

is subject to an administrative civil penalty that may be imposed by the commission in

an amount not to exceed 75 percent of the amount of the maximum penalty authorized

pursuant to subdivision (b) of Section 30820 for each violation. The administrative civil

penalty may be assessed for each day the violation persists, but for no more than five

years.

(b) All penalties imposed pursuant to subdivision (a) shall be imposed by majority

vote of the commissioners present in a duly noticed public hearing in compliance with

the requirements of Section 30810, 30811, or 30812.

account the factors set forth in subdivision (c) of Section 30820.

(d) A person shall not be subject to both monetary civil liability imposed under

this section and monetary civil liability imposed by the superior court for the same act or

failure to act. If a person who is assessed a penalty under this section fails to pay the

administrative penalty, otherwise fails to comply with a restoration or cease and desist

order issued by the commission in connection with the penalty action, or challenges any

of these actions by the commission in a court of law, the commission may maintain an

action or otherwise engage in judicial proceedings to enforce those requirements and

the court may grant any relief as provided under this chapter.

(e) If a person fails to pay a penalty imposed by the commission pursuant to this

section, the commission may record a lien on the property in the amount of the penalty

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assessed by the commission. This lien shall have the force, effect, and priority of a

judgment lien.

(f) In enacting this section, it is the intent of the Legislature to ensure that

unintentional, minor violations of this division that only cause de minimis harm will not

lead to the imposition of administrative penalties if the violator has acted expeditiously

to correct the violation.

(g) “Person,” for the purpose of this section, does not include a local government,

a special district, or an agency thereof, when acting in a legislative or adjudicative

capacity.

(h) Administrative penalties pursuant to subdivision (a) shall not be assessed if

the property owner corrects the violation consistent with this division within 30 days of

receiving written notification from the commission regarding the violation, and if the

alleged violator can correct the violation without undertaking additional development

that requires a permit under this division. This 30-day timeframe for corrective action

does not apply to previous violations of permit conditions incurred by a property owner.

(i) The commission shall prepare and submit, pursuant to Section 9795 of the

Government Code, a report to the Legislature by January 15, 2019, that includes all of

the following:

(1) The number of new violations reported annually to the commission from

January 1, 2015, to December 31, 2018, inclusive.

(2) The number of violations resolved from January 1, 2015, to December 31,

2018, inclusive.

(3) The number of administrative penalties issued pursuant to this section, the

dollar amount of the penalties, and a description of the violations from January 1, 2015,

to December 31, 2018, inclusive.

(j) Revenues derived pursuant to this section shall be deposited into the Violation

Remediation Account of the Coastal Conservancy Fund and expended pursuant to

Section 30823.

(Added by Ch. 35, Stats. 2014)

Section 30821.3 Administrative civil penalties for non-access violations

(a) In addition to any other penalties imposed pursuant to this division, a person,

including a landowner, who is in violation of any provision of this division other than

public access, including, but not limited to, damage to archaeological and wetlands

resources and damage to environmentally sensitive habitat areas, is subject to an

administrative civil penalty that may be imposed by the commission in an amount not to

exceed 75 percent of the amount of the maximum penalty authorized pursuant to

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subdivision (b) of Section 30820 for each violation. The administrative civil penalty may

be assessed for each day the violation persists, but for no more than five years.