30510. Consistent with this chapter, a proposed local coastal
program may be submitted to the commission, if both of the following
are met:
(a) It is submitted pursuant to a resolution adopted by the local
government, after public hearing, that certifies the local coastal
program is intended to be carried out in a manner fully in conformity
with this division.
(b) It contains, in accordance with guidelines established by the
commission, materials sufficient for a thorough and complete review.
30511. Local coastal programs shall be submitted in accordance with
the schedule established pursuant to Section 30517.5. At the option
of the local government, this program may be submitted and processed
in any of the following ways:
(a) At one time, in which event Section 30512 with respect to time
limits, resubmission, approval, and certification shall apply.
However, the zoning ordinances, zoning district maps, and, if
required, other implementing actions included in the local coastal
program shall be approved and certified pursuant to the standards of
Section 30513.
(b) In two phases, in which event the land use plans shall be
processed first pursuant to Section 30512, and the zoning ordinances,
zoning district maps, and, if required, other implementing actions,
shall be processed thereafter pursuant to Section 30513.
(c) In separate geographic units consisting of less than the local
government's jurisdiction lying within the coastal zone, each
submitted pursuant to subdivision (a) or (b), if the commission finds
that the area or areas proposed for separate review can be analyzed
for the potential cumulative impacts of development on coastal
resources and access independently of the remainder of the affected
jurisdiction.
30512. (a) The land use plan of a proposed local coastal program
shall be submitted to the commission. The commission shall, within 90
days after the submittal, after public hearing, either certify or
refuse certification, in whole or in part, of the land use plan
pursuant to the following procedure:
(1) No later than 60 days after a land use plan has been submitted
to it, the commission shall, after public hearing and by majority
vote of those members present, determine whether the land use plan,
or a portion thereof applicable to an identifiable geographic area,
raises no substantial issue as to conformity with the policies of
Chapter 3 (commencing with Section 30200).
If the commission determines that no substantial issue is raised,
the land use plan, or portion thereof applicable to an identifiable
area, which raises no substantial issue, shall be deemed certified as
submitted. The commission shall adopt findings to support its
action.
(2) Where the commission determines pursuant to paragraph (1) that
one or more portions of a land use plan applicable to one or more
identifiable geographic areas raise no substantial issue as to
conformity with the policies of Chapter 3 (commencing with Section
30200), the remainder of that land use plan applicable to other
identifiable geographic areas shall be deemed to raise one or more
substantial issues as to conformity with the policies of Chapter 3
(commencing with Section 30200). The commission shall identify each
substantial issue for each geographic area.
(3) The commission shall hold at least one public hearing on the
matter or matters that have been identified as substantial issues
pursuant to paragraph (2). No later than 90 days after the submittal
of the land use plan, the commission shall determine whether or not
to certify the land use plan, in whole or in part. If the commission
fails to act within the required 90-day period, the land use plan, or
portion thereof, shall be deemed certified by the commission.
(b) If the commission determines not to certify a land use plan,
in whole or in part, the commission shall provide a written
explanation and may suggest modifications, which, if adopted and
transmitted to the commission by the local government, shall cause
the land use plan to be deemed certified upon confirmation of the
executive director. The local government may elect to meet the
commission's refusal of certification in a manner other than as
suggested by the commission and may then resubmit its revised land
use plan to the commission. If a local government requests that the
commission not recommend or suggest modifications which, if made,
will result in certification, the commission shall refuse
certification with the required findings.
(c) The commission shall certify a land use plan, or any
amendments thereto, if it finds that a land use plan meets the
requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200). Except as provided in paragraph (1)
of subdivision (a), a decision to certify shall require a majority
vote of the appointed membership of the commission.
30512.2. The following provisions shall apply to the commission's
decision to certify or refuse certification of a land use plan
pursuant to Section 30512:
(a) The commission's review of a land use plan shall be limited to
its administrative determination that the land use plan submitted by
the local government does, or does not, conform with the
requirements of Chapter 3 (commencing with Section 30200). In making
this review, the commission is not authorized by any provision of
this division to diminish or abridge the authority of a local
government to adopt and establish, by ordinance, the precise content
of its land use plan.
(b) The commission shall require conformance with the policies and
requirements of Chapter 3 (commencing with Section 30200) only to
the extent necessary to achieve the basic state goals specified in
Section 30001.5.
30513. The local government shall submit to the commission the
zoning ordinances, zoning district maps, and, where necessary, other
implementing actions which are required pursuant to this chapter.
If within 60 days after receipt of the zoning ordinances, zoning
district maps, and other implementing actions, the commission, after
public hearing, has not rejected the zoning ordinances, zoning
district maps, or other implementing actions, they shall be deemed
approved. The commission may only reject zoning ordinances, zoning
district maps, or other implementing actions on the grounds that they
do not conform with, or are inadequate to carry out, the provisions
of the certified land use plan. If the commission rejects the zoning
ordinances, zoning district maps, or other implementing actions, it
shall give written notice of the rejection specifying the provisions
of land use plan with which the rejected zoning ordinances do not
conform or which it finds will not be adequately carried out together
with its reasons for the action taken.
The commission may suggest modifications in the rejected zoning
ordinances, zoning district maps, or other implementing actions,
which, if adopted by the local government and transmitted to the
commission, shall be deemed approved upon confirmation by the
executive director.
The local government may elect to meet the commission's rejection
in a manner other than as suggested by the commission and may then
resubmit its revised zoning ordinances, zoning district maps, and
other implementing actions to the commission.
If a local government requests that the commission not suggest
modifications in the rejected zoning ordinances, zoning district
maps, or other implementing ordinances, the commission shall not do
so.
30514. (a) A certified local coastal program and all local
implementing ordinances, regulations, and other actions may be
amended by the appropriate local government, but no such amendment
shall take effect until it has been certified by the commission.
(b) Any proposed amendments to a certified local coastal program
shall be submitted to, and processed by, the commission in accordance
with the applicable procedures and time limits specified in Sections
30512 and 30513, except that the commission shall make no
determination as to whether a proposed amendment raises a substantial
issue as to conformity with the policies of Chapter 3 (commencing
with Section 30200) as would otherwise be required by Section 30512.
In no event shall there be more than three of these submittals of
proposed amendments in any calendar year. However, there are no
limitations on the number of amendments included in each of the three
submittals.
(c) The commission, by regulation, shall establish a procedure
whereby proposed amendments to a certified local coastal program may
be reviewed and designated by the executive director of the
commission as being minor in nature or as requiring rapid and
expeditious action. That procedure shall include provisions
authorizing local governments to propose amendments to the executive
director for that review and designation. Proposed amendments that
are designated as being minor in nature or as requiring rapid and
expeditious action shall not be subject to subdivision (b) or
Sections 30512 and 30513 and shall take effect on the 10th working
day after designation. Amendments that allow changes in uses shall
not be so designated.
(d) (1) The executive director may determine that a proposed local
coastal program amendment is de minimis if the executive director
determines that a proposed amendment would have no impact, either
individually or cumulatively, on coastal resources, is consistent
with the policies of Chapter 3 (commencing with Section 30200), and
meets the following criteria:
(A) The local government, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, that
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
(i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
(ii) Posting of the notice by the local government both onsite 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 executive
director, or, at the request of the local government, returned to the
local government. If set for public hearing under subdivision (b),
the time requirements set by Sections 30512 and 30513 shall commence
from the date on which the objection to the de minimis designation
was made.
(C) If three or more members of the commission do not object to
the de minimis determination, the de minimis local coastal program
amendment shall become part of the certified local coastal program 10
days after the date of the commission meeting.
(4) The commission, after a noticed public hearing, may adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.
(e) For purposes of this section, "amendment of a certified local
coastal program" includes, but is not limited to, any action by a
local government that authorizes the use of a parcel of land other
than a use that is designated in the certified local coastal program
as a permitted use of the parcel.
30514.1. The commission shall adopt the findings or provide a
written explanation or written notice, as appropriate, required by
Sections 30512, 30512.2, and 30513 to support its action no later
than 60 days after the date on which action was taken.
30515. Any person authorized to undertake a public works project or
proposing an energy facility development may request any local
government to amend its certified local coastal program, if the
purpose of the proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal
program that had not been anticipated by the person making the
request at the time the local coastal program was before the
commission for certification. If, after review, the local government
determines that the amendment requested would be in conformity with
the policies of this division, it may amend its certified local
coastal program as provided in Section 30514.
If the local government does not amend its local coastal program,
such person may file with the commission a request for amendment
which shall set forth the reasons why the proposed amendment is
necessary and how such amendment is in conformity with the policies
of this division. The local government shall be provided an
opportunity to set forth the reasons for its action. The commission
may, after public hearing, approve and certify the proposed amendment
if it finds, after a careful balancing of social, economic, and
environmental effects, that to do otherwise would adversely affect
the public welfare, that a public need of an area greater than that
included within the certified local coastal program would be met,
that there is no feasible, less environmentally damaging alternative
way to meet such need, and that the proposed amendment is in
conformity with the policies of this division.
30516. (a) Approval of a local coastal program shall not be
withheld because of the inability of the local government to
financially support or implement any policy or policies contained in
this division; provided, however, that this shall not require the
approval of a local coastal program allowing development not in
conformity with the policies in Chapter 3 (commencing with Section
30200).
(b) Where a certified port master plan has been incorporated in a
local coastal program in accordance with Section 30711 and the local
coastal program is disapproved by the commission, that disapproval
shall not apply to the certified port master plan.
30517. The commission may extend, for a period of not to exceed one
year, except as provided for in Section 30518, any time limitation
established by this chapter for good cause.
30517.5. (a) Within 60 days from the effective date of this
section, the commission shall establish a schedule for the submittal
of all land use plans that have not been submitted, pursuant to
Section 30501, to a former regional commission or the commission on
or before July 1, 1981. This schedule shall be based on the
commission's assessment, in consultation with local governments, of
each local government's current status and progress. The schedule
shall specify that submittals may not be made sooner than nor later
than certain specified dates and in no event later than January 1,
1983.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may take any of the
following actions:
(1) Waive the deadlines for commission action on a submitted land
use plan, or any portion thereof, as set forth in Sections 30511 and
30512.
(2) Prepare and adopt, after a public hearing but not sooner than
January 1, 1984, a land use plan for the land area within the local
government's jurisdiction. After adoption of the land use plan, the
commission shall determine the permissibility of proposed
developments pursuant to the provisions of the adopted plan. The
affected local government may choose to adopt, in whole or in part,
the commission's prepared and adopted land use plan in which event
the commission shall certify the plan, in whole or in part, or it may
continue to prepare its own land use plan consistent with the
provisions of this chapter.
(3) Report the matter to the Legislature with recommendations for
appropriate action.
30517.6. (a) Within 30 days after the certification of a land use
plan, or any portion thereof, the commission shall, after
consultation with the appropriate local government, establish a date
for that local government to submit the zoning ordinances, zoning
district maps, and, where necessary, other implementing actions. In
no event shall that date be later than January 1, 1984.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may waive the deadlines
for commission action on submitted zoning ordinances, zoning district
maps, and, where necessary, other implementing actions, as set forth
in Sections 30511 and 30513.
30519. (a) Except for appeals to the commission, as provided in
Section 30603, after a local coastal program, or any portion thereof,
has been certified and all implementing actions within the area
affected have become effective, the development review authority
provided for in Chapter 7 (commencing with Section 30600) shall no
longer be exercised by the commission over any new development
proposed within the area to which the certified local coastal
program, or any portion thereof, applies and shall at that time be
delegated to the local government that is implementing the local
coastal program or any portion thereof.
(b) Subdivision (a) shall not apply to any development proposed or
undertaken on any tidelands, submerged lands, or on public trust
lands, whether filled or unfilled, lying within the coastal zone, nor
shall it apply to any development proposed or undertaken within
ports covered by Chapter 8 (commencing with Section 30700) or within
any state university or college within the coastal zone; however,
this section shall apply to any development proposed or undertaken by
a port or harbor district or authority on lands or waters granted by
the Legislature to a local government whose certified local coastal
program includes the specific development plans for such district or
authority.
(c) The commission may, from time to time, recommend to the
appropriate local government local coastal program amendments to
accommodate uses of greater than local importance, which uses are not
permitted by the applicable certified local coastal program. These
uses may be listed generally or the commission may recommend specific
uses of greater than local importance for consideration by the
appropriate local government.
30519.1. (a) This section shall apply only to those parcels and
areas within the City of Carlsbad for which a local coastal program
has been prepared and certified by the commission pursuant to
subdivision (f) of Section 30170 or Section 30171.
(b) Any provisions of any such local coastal program with respect
to housing for persons and families of low or moderate income shall
have no force or effect after January 1, 1982. After that date,
housing requirements for those parcels and areas shall be determined
pursuant to Section 65590 of the Government Code.
(c) Until such time as, (i) the City of Carlsbad adopts or enacts
the implementing actions contained in any such local coastal program,
or (ii) other statutory provisions provide alternately for the
adoption, certification, and implementation of a local coastal
program for those parcels and areas, coastal development permits for
those parcels and areas shall be issued by the commission as provided
in this subdivision. Notwithstanding any other provision of this
division, the commission shall issue a coastal development permit if
it finds that a proposed development is in conformity with the
certified local coastal program, exclusive of any provisions with
respect to housing for persons and families of low or moderate income
which have been rendered inoperative pursuant to subdivision (b).
30519.2. (a) (1) This subdivision shall only apply to territory
described in paragraph (2) and defined as the "Annexed Area."
(2) For purposes of this section, "Annexed Area" means the
territory consisting of approximately 5,450 acres in the County of
Orange bounded to the north by the inland boundary of the coastal
zone, to the east by the western boundary of Crystal Cove State Park,
to the south by the state's outer limit of jurisdiction over the
Pacific Ocean, and to the west by the city limits of the City of
Newport Beach.
(3) This subdivision shall be operative upon the effective date of
the annexation of all or part of the Annexed Area by the City of
Newport Beach.
(4) Upon the recordation of a certificate of completion of any
reorganization or change of organization that results in the
annexation of all or part of the Annexed Area by the City of Newport
Beach, both of the following shall occur:
(A) The local coastal program applicable to any part of the
Annexed Area shall continue to be the certified local coastal program
for the County of Orange.
(B) The County of Orange shall continue to exercise all
development review authority described in Section 30519, as delegated
to it by the commission consistent with the certified local coastal
program of the County of Orange for the Annexed Area.
(5) If, at any time after the recordation of the certificate of
completion of the annexation of the Annexed Area, the City of Newport
Beach elects to assume coastal management responsibility for the
Annexed Area, the city may begin preparation of a local coastal
program for that area. The City of Newport Beach may adopt provisions
of the County of Orange's certified local coastal program that apply
to the Annexed Area. All of the procedures for the preparation,
approval, and certification of a local coastal program set forth in
this division, and any applicable regulations adopted by the
commission, shall apply to the preparation, approval, and
certification of a local coastal program for the Annexed Area.
(6) If the City of Newport Beach obtains certification of a local
coastal program for the Annexed Area, the city shall, upon the
effective date of that certification, exercise all of the authority
granted to a local government with a certified local coastal program,
and the provisions of paragraph (4) shall become inoperative.
(b) On or before June 30, 2003, or 24 months after the annexation
of the Annexed Area, whichever event occurs first, the City of
Newport Beach shall submit to the commission for approval and
certification the city's local coastal program for all of the
geographic area within the coastal zone and the city's corporate
boundaries as of June 30, 2000. The submittal may include a local
coastal program segment for the Annexed Area that will implement the
local coastal program for the County of Orange as described in
paragraph (4) of subdivision (a).
(c) If the City of Newport Beach fails to submit a local coastal
program to the commission for approval and certification pursuant to
subdivision (b) or does not have an effectively certified local
coastal program within six months after the commission's approval of
the local coastal program, the City of Newport Beach shall submit a
monthly late fee of one thousand dollars ($1,000) to be deposited
into the Violation Remediation Account of the Coastal Conservancy
Fund, to be expended in accordance with the purposes of Section
30823. The City of Newport Beach shall pay the monthly late fee until
the time that the city commences implementation of an effectively
certified local coastal program. The city may not recover the cost of
the late fee from any owner or lessee of property in the coastal
zone.
30519.5. (a) The commission shall, from time to time, but at least
once every five years after certification, review every certified
local coastal program to determine whether such program is being
effectively implemented in conformity with the policies of this
division. If the commission determines that a certified local coastal
program is not being carried out in conformity with any policy of
this division it shall submit to the affected local government
recommendations of corrective actions that should be taken. Such
recommendations may include recommended amendments to the affected
local government's local coastal program.
(b) Recommendations submitted pursuant to this section shall be
reviewed by the affected local government and, if the recommended
action is not taken, the local government shall, within one year of
such submission, forward to the commission a report setting forth its
reasons for not taking the recommended action. The commission shall
review such report and, where appropriate, report to the Legislature
and recommend legislative action necessary to assure effective
implementation of the relevant policy or policies of this division.
30520. (a) If the application of any certified local coastal
program, or any portion thereof, is prohibited or stayed by any
court, the permit authority provided for in Chapter 7 (commencing
with Section 30600) shall be exercised pursuant to the provisions of
this section until a final court order has withdrawn such prohibition
or stay. A coastal development permit shall be issued by the
affected local government or the commission on appeal, if that local
government or the commission on appeal finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan if the court-ordered prohibition or stay applies only to the
zoning ordinances, zoning district maps, or, where necessary, the
other implementing actions which are required pursuant to this
chapter. Any development approved by a local government pursuant to
this subdivision may be appealed to the commission by any person,
including the executive director or any commissioner during the
period the permit provisions of this section are in effect.
(b) Until a local government has adopted an interim ordinance
prescribing procedures for issuing coastal development permits in the
circumstances described in subdivision (a), the permit authority
provided for in Chapter 7 (commencing with Section 30600) shall be
reinstated in the commission. A coastal development permit shall be
issued by the commission if the commission finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan, if the court-ordered prohibition or stay applies only to zoning
ordinances, zoning district maps, or, where necessary, the other
implementing actions which are required pursuant to this chapter.
(c) The permit authority provided for in this section shall be
limited to only those developments which would be affected by the
court-ordered prohibition or stay.
30522. Nothing in this chapter shall permit the commission to
certify a local coastal program which provides for a lesser degree of
environmental protection than that provided by the plans and
policies of any state regulatory agency that are formally adopted by
such agency, are used in the regulatory program of such agency, and
are legally enforceable.
30523. It is the intent of the Legislature that local coastal
programs certified by the commission should be sufficiently specific
to meet the requirements of Section 30108.5, but not so detailed as
to require amendment and commission review for minor changes, or to
discourage the assumption by local governments of postcertification
authority which ensures and implements effective protection of
coastal resources. The Legislature also recognizes that the
applicable policies and the level of specificity required to ensure
coastal resource protection may differ between areas on or near the
shoreline and inland areas.
30525. (a) Every state agency that owns or manages land or water
areas within the coastal zone, including public beaches, parks,
natural areas, and fish and wildlife preserves, shall identify the
sensitive resource values within those areas that are particularly
susceptible to adverse impacts from nearby development that is not
carefully planned. Every such agency shall also identify the location
and type of development that would have a significant adverse impact
on those sensitive resource values.
(b) Every agency subject to this section shall advise the
appropriate local government of particular considerations that should
be evaluated during the preparation of a local coastal program and
which, in the opinion of such agency, may be necessary to protect
identified sensitive resource values. In addition, the work
undertaken pursuant to this section shall be completed in a timely
manner in order to maximize the opportunity for the public, affected
local governments, and the commission to consider this information
fully during the preparation, review, and approval of the appropriate
local coastal program.
(c) Work already completed pursuant to former Chapter 7
(commencing with Section 31300) of Division 21 of the Public
Resources Code, added by Chapter 1441 of the Statutes of 1976, and in
conformity with this section, that identifies sensitive resource
values within publicly owned or managed land and water areas of the
coastal zone shall be considered by local government and the
commission in the course of carrying out this chapter.
(d) For purposes of this section, "sensitive resource values"
means those fragile or unique natural resources which are
particularly susceptible to degradation resulting from surrounding
development, the adverse effects of which have not been carefully
evaluated, mitigated, or avoided. Examples include, but are not
limited to, environmentally sensitive areas, as defined in Section
30107.5, areas uniquely suited for scientific or educational
purposes, and specific public recreation areas where the quality of
the recreational experience is dependent on the character of the
surrounding area.
30526. (a) Because of the intensity of development contemplated,
the area's steep topography and highly erodible soils, and the
demonstrated impacts from development despite the utilization of
mitigation measures, the Legislature finds that the threat from
development to wetlands in the City of San Diego requires that a
mitigation fee program be included in the city's local coastal
program. Therefore, the City of San Diego shall provide in its local
coastal program for payment of a reasonable fee to the State Coastal
Conservancy by applicants for a coastal development permit if the
proposed development has, or is reasonably expected to have, a direct
and significant effect on coastal resources within a specific
geographic watershed in the coastal zone which can be mitigated
through the incorporation of feasible onsite and offsite mitigation
measures into the proposed development and through the mitigation fee
program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be
deposited in an account established by the State Coastal Conservancy
. None of the funds in the account shall be appropriated for any
purpose not specified in this section. Except as provided in this
section, any fee paid pursuant to this section may only be used to
restore, replace, or improve resources or ecological systems which
are adversely affected by the proposed development and with respect
to which the fee constitutes partial or total mitigation. Any fees
established pursuant to this section are not required for any
development that is undertaken by a public agency for the purpose of
providing resource enhancement or public recreation. In the event
that mitigation of all development impacts cannot be feasibly carried
out within the watershed, the conservancy may, with the approval of
the local government and the commission, complete the mitigation for
the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los
Penasquitos Lagoon area in the City of San Diego.
30510. Consistent with this chapter, a proposed local coastal
program may be submitted to the commission, if both of the following
are met:
(a) It is submitted pursuant to a resolution adopted by the local
government, after public hearing, that certifies the local coastal
program is intended to be carried out in a manner fully in conformity
with this division.
(b) It contains, in accordance with guidelines established by the
commission, materials sufficient for a thorough and complete review.
30511. Local coastal programs shall be submitted in accordance with
the schedule established pursuant to Section 30517.5. At the option
of the local government, this program may be submitted and processed
in any of the following ways:
(a) At one time, in which event Section 30512 with respect to time
limits, resubmission, approval, and certification shall apply.
However, the zoning ordinances, zoning district maps, and, if
required, other implementing actions included in the local coastal
program shall be approved and certified pursuant to the standards of
Section 30513.
(b) In two phases, in which event the land use plans shall be
processed first pursuant to Section 30512, and the zoning ordinances,
zoning district maps, and, if required, other implementing actions,
shall be processed thereafter pursuant to Section 30513.
(c) In separate geographic units consisting of less than the local
government's jurisdiction lying within the coastal zone, each
submitted pursuant to subdivision (a) or (b), if the commission finds
that the area or areas proposed for separate review can be analyzed
for the potential cumulative impacts of development on coastal
resources and access independently of the remainder of the affected
jurisdiction.
30512. (a) The land use plan of a proposed local coastal program
shall be submitted to the commission. The commission shall, within 90
days after the submittal, after public hearing, either certify or
refuse certification, in whole or in part, of the land use plan
pursuant to the following procedure:
(1) No later than 60 days after a land use plan has been submitted
to it, the commission shall, after public hearing and by majority
vote of those members present, determine whether the land use plan,
or a portion thereof applicable to an identifiable geographic area,
raises no substantial issue as to conformity with the policies of
Chapter 3 (commencing with Section 30200).
If the commission determines that no substantial issue is raised,
the land use plan, or portion thereof applicable to an identifiable
area, which raises no substantial issue, shall be deemed certified as
submitted. The commission shall adopt findings to support its
action.
(2) Where the commission determines pursuant to paragraph (1) that
one or more portions of a land use plan applicable to one or more
identifiable geographic areas raise no substantial issue as to
conformity with the policies of Chapter 3 (commencing with Section
30200), the remainder of that land use plan applicable to other
identifiable geographic areas shall be deemed to raise one or more
substantial issues as to conformity with the policies of Chapter 3
(commencing with Section 30200). The commission shall identify each
substantial issue for each geographic area.
(3) The commission shall hold at least one public hearing on the
matter or matters that have been identified as substantial issues
pursuant to paragraph (2). No later than 90 days after the submittal
of the land use plan, the commission shall determine whether or not
to certify the land use plan, in whole or in part. If the commission
fails to act within the required 90-day period, the land use plan, or
portion thereof, shall be deemed certified by the commission.
(b) If the commission determines not to certify a land use plan,
in whole or in part, the commission shall provide a written
explanation and may suggest modifications, which, if adopted and
transmitted to the commission by the local government, shall cause
the land use plan to be deemed certified upon confirmation of the
executive director. The local government may elect to meet the
commission's refusal of certification in a manner other than as
suggested by the commission and may then resubmit its revised land
use plan to the commission. If a local government requests that the
commission not recommend or suggest modifications which, if made,
will result in certification, the commission shall refuse
certification with the required findings.
(c) The commission shall certify a land use plan, or any
amendments thereto, if it finds that a land use plan meets the
requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200). Except as provided in paragraph (1)
of subdivision (a), a decision to certify shall require a majority
vote of the appointed membership of the commission.
30512.2. The following provisions shall apply to the commission's
decision to certify or refuse certification of a land use plan
pursuant to Section 30512:
(a) The commission's review of a land use plan shall be limited to
its administrative determination that the land use plan submitted by
the local government does, or does not, conform with the
requirements of Chapter 3 (commencing with Section 30200). In making
this review, the commission is not authorized by any provision of
this division to diminish or abridge the authority of a local
government to adopt and establish, by ordinance, the precise content
of its land use plan.
(b) The commission shall require conformance with the policies and
requirements of Chapter 3 (commencing with Section 30200) only to
the extent necessary to achieve the basic state goals specified in
Section 30001.5.
30513. The local government shall submit to the commission the
zoning ordinances, zoning district maps, and, where necessary, other
implementing actions which are required pursuant to this chapter.
If within 60 days after receipt of the zoning ordinances, zoning
district maps, and other implementing actions, the commission, after
public hearing, has not rejected the zoning ordinances, zoning
district maps, or other implementing actions, they shall be deemed
approved. The commission may only reject zoning ordinances, zoning
district maps, or other implementing actions on the grounds that they
do not conform with, or are inadequate to carry out, the provisions
of the certified land use plan. If the commission rejects the zoning
ordinances, zoning district maps, or other implementing actions, it
shall give written notice of the rejection specifying the provisions
of land use plan with which the rejected zoning ordinances do not
conform or which it finds will not be adequately carried out together
with its reasons for the action taken.
The commission may suggest modifications in the rejected zoning
ordinances, zoning district maps, or other implementing actions,
which, if adopted by the local government and transmitted to the
commission, shall be deemed approved upon confirmation by the
executive director.
The local government may elect to meet the commission's rejection
in a manner other than as suggested by the commission and may then
resubmit its revised zoning ordinances, zoning district maps, and
other implementing actions to the commission.
If a local government requests that the commission not suggest
modifications in the rejected zoning ordinances, zoning district
maps, or other implementing ordinances, the commission shall not do
so.
30514. (a) A certified local coastal program and all local
implementing ordinances, regulations, and other actions may be
amended by the appropriate local government, but no such amendment
shall take effect until it has been certified by the commission.
(b) Any proposed amendments to a certified local coastal program
shall be submitted to, and processed by, the commission in accordance
with the applicable procedures and time limits specified in Sections
30512 and 30513, except that the commission shall make no
determination as to whether a proposed amendment raises a substantial
issue as to conformity with the policies of Chapter 3 (commencing
with Section 30200) as would otherwise be required by Section 30512.
In no event shall there be more than three of these submittals of
proposed amendments in any calendar year. However, there are no
limitations on the number of amendments included in each of the three
submittals.
(c) The commission, by regulation, shall establish a procedure
whereby proposed amendments to a certified local coastal program may
be reviewed and designated by the executive director of the
commission as being minor in nature or as requiring rapid and
expeditious action. That procedure shall include provisions
authorizing local governments to propose amendments to the executive
director for that review and designation. Proposed amendments that
are designated as being minor in nature or as requiring rapid and
expeditious action shall not be subject to subdivision (b) or
Sections 30512 and 30513 and shall take effect on the 10th working
day after designation. Amendments that allow changes in uses shall
not be so designated.
(d) (1) The executive director may determine that a proposed local
coastal program amendment is de minimis if the executive director
determines that a proposed amendment would have no impact, either
individually or cumulatively, on coastal resources, is consistent
with the policies of Chapter 3 (commencing with Section 30200), and
meets the following criteria:
(A) The local government, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, that
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
(i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
(ii) Posting of the notice by the local government both onsite 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 executive
director, or, at the request of the local government, returned to the
local government. If set for public hearing under subdivision (b),
the time requirements set by Sections 30512 and 30513 shall commence
from the date on which the objection to the de minimis designation
was made.
(C) If three or more members of the commission do not object to
the de minimis determination, the de minimis local coastal program
amendment shall become part of the certified local coastal program 10
days after the date of the commission meeting.
(4) The commission, after a noticed public hearing, may adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.
(e) For purposes of this section, "amendment of a certified local
coastal program" includes, but is not limited to, any action by a
local government that authorizes the use of a parcel of land other
than a use that is designated in the certified local coastal program
as a permitted use of the parcel.
30514.1. The commission shall adopt the findings or provide a
written explanation or written notice, as appropriate, required by
Sections 30512, 30512.2, and 30513 to support its action no later
than 60 days after the date on which action was taken.
30515. Any person authorized to undertake a public works project or
proposing an energy facility development may request any local
government to amend its certified local coastal program, if the
purpose of the proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal
program that had not been anticipated by the person making the
request at the time the local coastal program was before the
commission for certification. If, after review, the local government
determines that the amendment requested would be in conformity with
the policies of this division, it may amend its certified local
coastal program as provided in Section 30514.
If the local government does not amend its local coastal program,
such person may file with the commission a request for amendment
which shall set forth the reasons why the proposed amendment is
necessary and how such amendment is in conformity with the policies
of this division. The local government shall be provided an
opportunity to set forth the reasons for its action. The commission
may, after public hearing, approve and certify the proposed amendment
if it finds, after a careful balancing of social, economic, and
environmental effects, that to do otherwise would adversely affect
the public welfare, that a public need of an area greater than that
included within the certified local coastal program would be met,
that there is no feasible, less environmentally damaging alternative
way to meet such need, and that the proposed amendment is in
conformity with the policies of this division.
30516. (a) Approval of a local coastal program shall not be
withheld because of the inability of the local government to
financially support or implement any policy or policies contained in
this division; provided, however, that this shall not require the
approval of a local coastal program allowing development not in
conformity with the policies in Chapter 3 (commencing with Section
30200).
(b) Where a certified port master plan has been incorporated in a
local coastal program in accordance with Section 30711 and the local
coastal program is disapproved by the commission, that disapproval
shall not apply to the certified port master plan.
30517. The commission may extend, for a period of not to exceed one
year, except as provided for in Section 30518, any time limitation
established by this chapter for good cause.
30517.5. (a) Within 60 days from the effective date of this
section, the commission shall establish a schedule for the submittal
of all land use plans that have not been submitted, pursuant to
Section 30501, to a former regional commission or the commission on
or before July 1, 1981. This schedule shall be based on the
commission's assessment, in consultation with local governments, of
each local government's current status and progress. The schedule
shall specify that submittals may not be made sooner than nor later
than certain specified dates and in no event later than January 1,
1983.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may take any of the
following actions:
(1) Waive the deadlines for commission action on a submitted land
use plan, or any portion thereof, as set forth in Sections 30511 and
30512.
(2) Prepare and adopt, after a public hearing but not sooner than
January 1, 1984, a land use plan for the land area within the local
government's jurisdiction. After adoption of the land use plan, the
commission shall determine the permissibility of proposed
developments pursuant to the provisions of the adopted plan. The
affected local government may choose to adopt, in whole or in part,
the commission's prepared and adopted land use plan in which event
the commission shall certify the plan, in whole or in part, or it may
continue to prepare its own land use plan consistent with the
provisions of this chapter.
(3) Report the matter to the Legislature with recommendations for
appropriate action.
30517.6. (a) Within 30 days after the certification of a land use
plan, or any portion thereof, the commission shall, after
consultation with the appropriate local government, establish a date
for that local government to submit the zoning ordinances, zoning
district maps, and, where necessary, other implementing actions. In
no event shall that date be later than January 1, 1984.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may waive the deadlines
for commission action on submitted zoning ordinances, zoning district
maps, and, where necessary, other implementing actions, as set forth
in Sections 30511 and 30513.
30519. (a) Except for appeals to the commission, as provided in
Section 30603, after a local coastal program, or any portion thereof,
has been certified and all implementing actions within the area
affected have become effective, the development review authority
provided for in Chapter 7 (commencing with Section 30600) shall no
longer be exercised by the commission over any new development
proposed within the area to which the certified local coastal
program, or any portion thereof, applies and shall at that time be
delegated to the local government that is implementing the local
coastal program or any portion thereof.
(b) Subdivision (a) shall not apply to any development proposed or
undertaken on any tidelands, submerged lands, or on public trust
lands, whether filled or unfilled, lying within the coastal zone, nor
shall it apply to any development proposed or undertaken within
ports covered by Chapter 8 (commencing with Section 30700) or within
any state university or college within the coastal zone; however,
this section shall apply to any development proposed or undertaken by
a port or harbor district or authority on lands or waters granted by
the Legislature to a local government whose certified local coastal
program includes the specific development plans for such district or
authority.
(c) The commission may, from time to time, recommend to the
appropriate local government local coastal program amendments to
accommodate uses of greater than local importance, which uses are not
permitted by the applicable certified local coastal program. These
uses may be listed generally or the commission may recommend specific
uses of greater than local importance for consideration by the
appropriate local government.
30519.1. (a) This section shall apply only to those parcels and
areas within the City of Carlsbad for which a local coastal program
has been prepared and certified by the commission pursuant to
subdivision (f) of Section 30170 or Section 30171.
(b) Any provisions of any such local coastal program with respect
to housing for persons and families of low or moderate income shall
have no force or effect after January 1, 1982. After that date,
housing requirements for those parcels and areas shall be determined
pursuant to Section 65590 of the Government Code.
(c) Until such time as, (i) the City of Carlsbad adopts or enacts
the implementing actions contained in any such local coastal program,
or (ii) other statutory provisions provide alternately for the
adoption, certification, and implementation of a local coastal
program for those parcels and areas, coastal development permits for
those parcels and areas shall be issued by the commission as provided
in this subdivision. Notwithstanding any other provision of this
division, the commission shall issue a coastal development permit if
it finds that a proposed development is in conformity with the
certified local coastal program, exclusive of any provisions with
respect to housing for persons and families of low or moderate income
which have been rendered inoperative pursuant to subdivision (b).
30519.2. (a) (1) This subdivision shall only apply to territory
described in paragraph (2) and defined as the "Annexed Area."
(2) For purposes of this section, "Annexed Area" means the
territory consisting of approximately 5,450 acres in the County of
Orange bounded to the north by the inland boundary of the coastal
zone, to the east by the western boundary of Crystal Cove State Park,
to the south by the state's outer limit of jurisdiction over the
Pacific Ocean, and to the west by the city limits of the City of
Newport Beach.
(3) This subdivision shall be operative upon the effective date of
the annexation of all or part of the Annexed Area by the City of
Newport Beach.
(4) Upon the recordation of a certificate of completion of any
reorganization or change of organization that results in the
annexation of all or part of the Annexed Area by the City of Newport
Beach, both of the following shall occur:
(A) The local coastal program applicable to any part of the
Annexed Area shall continue to be the certified local coastal program
for the County of Orange.
(B) The County of Orange shall continue to exercise all
development review authority described in Section 30519, as delegated
to it by the commission consistent with the certified local coastal
program of the County of Orange for the Annexed Area.
(5) If, at any time after the recordation of the certificate of
completion of the annexation of the Annexed Area, the City of Newport
Beach elects to assume coastal management responsibility for the
Annexed Area, the city may begin preparation of a local coastal
program for that area. The City of Newport Beach may adopt provisions
of the County of Orange's certified local coastal program that apply
to the Annexed Area. All of the procedures for the preparation,
approval, and certification of a local coastal program set forth in
this division, and any applicable regulations adopted by the
commission, shall apply to the preparation, approval, and
certification of a local coastal program for the Annexed Area.
(6) If the City of Newport Beach obtains certification of a local
coastal program for the Annexed Area, the city shall, upon the
effective date of that certification, exercise all of the authority
granted to a local government with a certified local coastal program,
and the provisions of paragraph (4) shall become inoperative.
(b) On or before June 30, 2003, or 24 months after the annexation
of the Annexed Area, whichever event occurs first, the City of
Newport Beach shall submit to the commission for approval and
certification the city's local coastal program for all of the
geographic area within the coastal zone and the city's corporate
boundaries as of June 30, 2000. The submittal may include a local
coastal program segment for the Annexed Area that will implement the
local coastal program for the County of Orange as described in
paragraph (4) of subdivision (a).
(c) If the City of Newport Beach fails to submit a local coastal
program to the commission for approval and certification pursuant to
subdivision (b) or does not have an effectively certified local
coastal program within six months after the commission's approval of
the local coastal program, the City of Newport Beach shall submit a
monthly late fee of one thousand dollars ($1,000) to be deposited
into the Violation Remediation Account of the Coastal Conservancy
Fund, to be expended in accordance with the purposes of Section
30823. The City of Newport Beach shall pay the monthly late fee until
the time that the city commences implementation of an effectively
certified local coastal program. The city may not recover the cost of
the late fee from any owner or lessee of property in the coastal
zone.
30519.5. (a) The commission shall, from time to time, but at least
once every five years after certification, review every certified
local coastal program to determine whether such program is being
effectively implemented in conformity with the policies of this
division. If the commission determines that a certified local coastal
program is not being carried out in conformity with any policy of
this division it shall submit to the affected local government
recommendations of corrective actions that should be taken. Such
recommendations may include recommended amendments to the affected
local government's local coastal program.
(b) Recommendations submitted pursuant to this section shall be
reviewed by the affected local government and, if the recommended
action is not taken, the local government shall, within one year of
such submission, forward to the commission a report setting forth its
reasons for not taking the recommended action. The commission shall
review such report and, where appropriate, report to the Legislature
and recommend legislative action necessary to assure effective
implementation of the relevant policy or policies of this division.
30520. (a) If the application of any certified local coastal
program, or any portion thereof, is prohibited or stayed by any
court, the permit authority provided for in Chapter 7 (commencing
with Section 30600) shall be exercised pursuant to the provisions of
this section until a final court order has withdrawn such prohibition
or stay. A coastal development permit shall be issued by the
affected local government or the commission on appeal, if that local
government or the commission on appeal finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan if the court-ordered prohibition or stay applies only to the
zoning ordinances, zoning district maps, or, where necessary, the
other implementing actions which are required pursuant to this
chapter. Any development approved by a local government pursuant to
this subdivision may be appealed to the commission by any person,
including the executive director or any commissioner during the
period the permit provisions of this section are in effect.
(b) Until a local government has adopted an interim ordinance
prescribing procedures for issuing coastal development permits in the
circumstances described in subdivision (a), the permit authority
provided for in Chapter 7 (commencing with Section 30600) shall be
reinstated in the commission. A coastal development permit shall be
issued by the commission if the commission finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan, if the court-ordered prohibition or stay applies only to zoning
ordinances, zoning district maps, or, where necessary, the other
implementing actions which are required pursuant to this chapter.
(c) The permit authority provided for in this section shall be
limited to only those developments which would be affected by the
court-ordered prohibition or stay.
30522. Nothing in this chapter shall permit the commission to
certify a local coastal program which provides for a lesser degree of
environmental protection than that provided by the plans and
policies of any state regulatory agency that are formally adopted by
such agency, are used in the regulatory program of such agency, and
are legally enforceable.
30523. It is the intent of the Legislature that local coastal
programs certified by the commission should be sufficiently specific
to meet the requirements of Section 30108.5, but not so detailed as
to require amendment and commission review for minor changes, or to
discourage the assumption by local governments of postcertification
authority which ensures and implements effective protection of
coastal resources. The Legislature also recognizes that the
applicable policies and the level of specificity required to ensure
coastal resource protection may differ between areas on or near the
shoreline and inland areas.
30525. (a) Every state agency that owns or manages land or water
areas within the coastal zone, including public beaches, parks,
natural areas, and fish and wildlife preserves, shall identify the
sensitive resource values within those areas that are particularly
susceptible to adverse impacts from nearby development that is not
carefully planned. Every such agency shall also identify the location
and type of development that would have a significant adverse impact
on those sensitive resource values.
(b) Every agency subject to this section shall advise the
appropriate local government of particular considerations that should
be evaluated during the preparation of a local coastal program and
which, in the opinion of such agency, may be necessary to protect
identified sensitive resource values. In addition, the work
undertaken pursuant to this section shall be completed in a timely
manner in order to maximize the opportunity for the public, affected
local governments, and the commission to consider this information
fully during the preparation, review, and approval of the appropriate
local coastal program.
(c) Work already completed pursuant to former Chapter 7
(commencing with Section 31300) of Division 21 of the Public
Resources Code, added by Chapter 1441 of the Statutes of 1976, and in
conformity with this section, that identifies sensitive resource
values within publicly owned or managed land and water areas of the
coastal zone shall be considered by local government and the
commission in the course of carrying out this chapter.
(d) For purposes of this section, "sensitive resource values"
means those fragile or unique natural resources which are
particularly susceptible to degradation resulting from surrounding
development, the adverse effects of which have not been carefully
evaluated, mitigated, or avoided. Examples include, but are not
limited to, environmentally sensitive areas, as defined in Section
30107.5, areas uniquely suited for scientific or educational
purposes, and specific public recreation areas where the quality of
the recreational experience is dependent on the character of the
surrounding area.
30526. (a) Because of the intensity of development contemplated,
the area's steep topography and highly erodible soils, and the
demonstrated impacts from development despite the utilization of
mitigation measures, the Legislature finds that the threat from
development to wetlands in the City of San Diego requires that a
mitigation fee program be included in the city's local coastal
program. Therefore, the City of San Diego shall provide in its local
coastal program for payment of a reasonable fee to the State Coastal
Conservancy by applicants for a coastal development permit if the
proposed development has, or is reasonably expected to have, a direct
and significant effect on coastal resources within a specific
geographic watershed in the coastal zone which can be mitigated
through the incorporation of feasible onsite and offsite mitigation
measures into the proposed development and through the mitigation fee
program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be
deposited in an account established by the State Coastal Conservancy
. None of the funds in the account shall be appropriated for any
purpose not specified in this section. Except as provided in this
section, any fee paid pursuant to this section may only be used to
restore, replace, or improve resources or ecological systems which
are adversely affected by the proposed development and with respect
to which the fee constitutes partial or total mitigation. Any fees
established pursuant to this section are not required for any
development that is undertaken by a public agency for the purpose of
providing resource enhancement or public recreation. In the event
that mitigation of all development impacts cannot be feasibly carried
out within the watershed, the conservancy may, with the approval of
the local government and the commission, complete the mitigation for
the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los
Penasquitos Lagoon area in the City of San Diego.
30510. Consistent with this chapter, a proposed local coastal
program may be submitted to the commission, if both of the following
are met:
(a) It is submitted pursuant to a resolution adopted by the local
government, after public hearing, that certifies the local coastal
program is intended to be carried out in a manner fully in conformity
with this division.
(b) It contains, in accordance with guidelines established by the
commission, materials sufficient for a thorough and complete review.
30511. Local coastal programs shall be submitted in accordance with
the schedule established pursuant to Section 30517.5. At the option
of the local government, this program may be submitted and processed
in any of the following ways:
(a) At one time, in which event Section 30512 with respect to time
limits, resubmission, approval, and certification shall apply.
However, the zoning ordinances, zoning district maps, and, if
required, other implementing actions included in the local coastal
program shall be approved and certified pursuant to the standards of
Section 30513.
(b) In two phases, in which event the land use plans shall be
processed first pursuant to Section 30512, and the zoning ordinances,
zoning district maps, and, if required, other implementing actions,
shall be processed thereafter pursuant to Section 30513.
(c) In separate geographic units consisting of less than the local
government's jurisdiction lying within the coastal zone, each
submitted pursuant to subdivision (a) or (b), if the commission finds
that the area or areas proposed for separate review can be analyzed
for the potential cumulative impacts of development on coastal
resources and access independently of the remainder of the affected
jurisdiction.
30512. (a) The land use plan of a proposed local coastal program
shall be submitted to the commission. The commission shall, within 90
days after the submittal, after public hearing, either certify or
refuse certification, in whole or in part, of the land use plan
pursuant to the following procedure:
(1) No later than 60 days after a land use plan has been submitted
to it, the commission shall, after public hearing and by majority
vote of those members present, determine whether the land use plan,
or a portion thereof applicable to an identifiable geographic area,
raises no substantial issue as to conformity with the policies of
Chapter 3 (commencing with Section 30200).
If the commission determines that no substantial issue is raised,
the land use plan, or portion thereof applicable to an identifiable
area, which raises no substantial issue, shall be deemed certified as
submitted. The commission shall adopt findings to support its
action.
(2) Where the commission determines pursuant to paragraph (1) that
one or more portions of a land use plan applicable to one or more
identifiable geographic areas raise no substantial issue as to
conformity with the policies of Chapter 3 (commencing with Section
30200), the remainder of that land use plan applicable to other
identifiable geographic areas shall be deemed to raise one or more
substantial issues as to conformity with the policies of Chapter 3
(commencing with Section 30200). The commission shall identify each
substantial issue for each geographic area.
(3) The commission shall hold at least one public hearing on the
matter or matters that have been identified as substantial issues
pursuant to paragraph (2). No later than 90 days after the submittal
of the land use plan, the commission shall determine whether or not
to certify the land use plan, in whole or in part. If the commission
fails to act within the required 90-day period, the land use plan, or
portion thereof, shall be deemed certified by the commission.
(b) If the commission determines not to certify a land use plan,
in whole or in part, the commission shall provide a written
explanation and may suggest modifications, which, if adopted and
transmitted to the commission by the local government, shall cause
the land use plan to be deemed certified upon confirmation of the
executive director. The local government may elect to meet the
commission's refusal of certification in a manner other than as
suggested by the commission and may then resubmit its revised land
use plan to the commission. If a local government requests that the
commission not recommend or suggest modifications which, if made,
will result in certification, the commission shall refuse
certification with the required findings.
(c) The commission shall certify a land use plan, or any
amendments thereto, if it finds that a land use plan meets the
requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200). Except as provided in paragraph (1)
of subdivision (a), a decision to certify shall require a majority
vote of the appointed membership of the commission.
30512.2. The following provisions shall apply to the commission's
decision to certify or refuse certification of a land use plan
pursuant to Section 30512:
(a) The commission's review of a land use plan shall be limited to
its administrative determination that the land use plan submitted by
the local government does, or does not, conform with the
requirements of Chapter 3 (commencing with Section 30200). In making
this review, the commission is not authorized by any provision of
this division to diminish or abridge the authority of a local
government to adopt and establish, by ordinance, the precise content
of its land use plan.
(b) The commission shall require conformance with the policies and
requirements of Chapter 3 (commencing with Section 30200) only to
the extent necessary to achieve the basic state goals specified in
Section 30001.5.
30513. The local government shall submit to the commission the
zoning ordinances, zoning district maps, and, where necessary, other
implementing actions which are required pursuant to this chapter.
If within 60 days after receipt of the zoning ordinances, zoning
district maps, and other implementing actions, the commission, after
public hearing, has not rejected the zoning ordinances, zoning
district maps, or other implementing actions, they shall be deemed
approved. The commission may only reject zoning ordinances, zoning
district maps, or other implementing actions on the grounds that they
do not conform with, or are inadequate to carry out, the provisions
of the certified land use plan. If the commission rejects the zoning
ordinances, zoning district maps, or other implementing actions, it
shall give written notice of the rejection specifying the provisions
of land use plan with which the rejected zoning ordinances do not
conform or which it finds will not be adequately carried out together
with its reasons for the action taken.
The commission may suggest modifications in the rejected zoning
ordinances, zoning district maps, or other implementing actions,
which, if adopted by the local government and transmitted to the
commission, shall be deemed approved upon confirmation by the
executive director.
The local government may elect to meet the commission's rejection
in a manner other than as suggested by the commission and may then
resubmit its revised zoning ordinances, zoning district maps, and
other implementing actions to the commission.
If a local government requests that the commission not suggest
modifications in the rejected zoning ordinances, zoning district
maps, or other implementing ordinances, the commission shall not do
so.
30514. (a) A certified local coastal program and all local
implementing ordinances, regulations, and other actions may be
amended by the appropriate local government, but no such amendment
shall take effect until it has been certified by the commission.
(b) Any proposed amendments to a certified local coastal program
shall be submitted to, and processed by, the commission in accordance
with the applicable procedures and time limits specified in Sections
30512 and 30513, except that the commission shall make no
determination as to whether a proposed amendment raises a substantial
issue as to conformity with the policies of Chapter 3 (commencing
with Section 30200) as would otherwise be required by Section 30512.
In no event shall there be more than three of these submittals of
proposed amendments in any calendar year. However, there are no
limitations on the number of amendments included in each of the three
submittals.
(c) The commission, by regulation, shall establish a procedure
whereby proposed amendments to a certified local coastal program may
be reviewed and designated by the executive director of the
commission as being minor in nature or as requiring rapid and
expeditious action. That procedure shall include provisions
authorizing local governments to propose amendments to the executive
director for that review and designation. Proposed amendments that
are designated as being minor in nature or as requiring rapid and
expeditious action shall not be subject to subdivision (b) or
Sections 30512 and 30513 and shall take effect on the 10th working
day after designation. Amendments that allow changes in uses shall
not be so designated.
(d) (1) The executive director may determine that a proposed local
coastal program amendment is de minimis if the executive director
determines that a proposed amendment would have no impact, either
individually or cumulatively, on coastal resources, is consistent
with the policies of Chapter 3 (commencing with Section 30200), and
meets the following criteria:
(A) The local government, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, that
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
(i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
(ii) Posting of the notice by the local government both onsite 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 executive
director, or, at the request of the local government, returned to the
local government. If set for public hearing under subdivision (b),
the time requirements set by Sections 30512 and 30513 shall commence
from the date on which the objection to the de minimis designation
was made.
(C) If three or more members of the commission do not object to
the de minimis determination, the de minimis local coastal program
amendment shall become part of the certified local coastal program 10
days after the date of the commission meeting.
(4) The commission, after a noticed public hearing, may adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.
(e) For purposes of this section, "amendment of a certified local
coastal program" includes, but is not limited to, any action by a
local government that authorizes the use of a parcel of land other
than a use that is designated in the certified local coastal program
as a permitted use of the parcel.
30514.1. The commission shall adopt the findings or provide a
written explanation or written notice, as appropriate, required by
Sections 30512, 30512.2, and 30513 to support its action no later
than 60 days after the date on which action was taken.
30515. Any person authorized to undertake a public works project or
proposing an energy facility development may request any local
government to amend its certified local coastal program, if the
purpose of the proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal
program that had not been anticipated by the person making the
request at the time the local coastal program was before the
commission for certification. If, after review, the local government
determines that the amendment requested would be in conformity with
the policies of this division, it may amend its certified local
coastal program as provided in Section 30514.
If the local government does not amend its local coastal program,
such person may file with the commission a request for amendment
which shall set forth the reasons why the proposed amendment is
necessary and how such amendment is in conformity with the policies
of this division. The local government shall be provided an
opportunity to set forth the reasons for its action. The commission
may, after public hearing, approve and certify the proposed amendment
if it finds, after a careful balancing of social, economic, and
environmental effects, that to do otherwise would adversely affect
the public welfare, that a public need of an area greater than that
included within the certified local coastal program would be met,
that there is no feasible, less environmentally damaging alternative
way to meet such need, and that the proposed amendment is in
conformity with the policies of this division.
30516. (a) Approval of a local coastal program shall not be
withheld because of the inability of the local government to
financially support or implement any policy or policies contained in
this division; provided, however, that this shall not require the
approval of a local coastal program allowing development not in
conformity with the policies in Chapter 3 (commencing with Section
30200).
(b) Where a certified port master plan has been incorporated in a
local coastal program in accordance with Section 30711 and the local
coastal program is disapproved by the commission, that disapproval
shall not apply to the certified port master plan.
30517. The commission may extend, for a period of not to exceed one
year, except as provided for in Section 30518, any time limitation
established by this chapter for good cause.
30517.5. (a) Within 60 days from the effective date of this
section, the commission shall establish a schedule for the submittal
of all land use plans that have not been submitted, pursuant to
Section 30501, to a former regional commission or the commission on
or before July 1, 1981. This schedule shall be based on the
commission's assessment, in consultation with local governments, of
each local government's current status and progress. The schedule
shall specify that submittals may not be made sooner than nor later
than certain specified dates and in no event later than January 1,
1983.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may take any of the
following actions:
(1) Waive the deadlines for commission action on a submitted land
use plan, or any portion thereof, as set forth in Sections 30511 and
30512.
(2) Prepare and adopt, after a public hearing but not sooner than
January 1, 1984, a land use plan for the land area within the local
government's jurisdiction. After adoption of the land use plan, the
commission shall determine the permissibility of proposed
developments pursuant to the provisions of the adopted plan. The
affected local government may choose to adopt, in whole or in part,
the commission's prepared and adopted land use plan in which event
the commission shall certify the plan, in whole or in part, or it may
continue to prepare its own land use plan consistent with the
provisions of this chapter.
(3) Report the matter to the Legislature with recommendations for
appropriate action.
30517.6. (a) Within 30 days after the certification of a land use
plan, or any portion thereof, the commission shall, after
consultation with the appropriate local government, establish a date
for that local government to submit the zoning ordinances, zoning
district maps, and, where necessary, other implementing actions. In
no event shall that date be later than January 1, 1984.
(b) If a local government fails to meet the schedule established
pursuant to subdivision (a), the commission may waive the deadlines
for commission action on submitted zoning ordinances, zoning district
maps, and, where necessary, other implementing actions, as set forth
in Sections 30511 and 30513.
30519. (a) Except for appeals to the commission, as provided in
Section 30603, after a local coastal program, or any portion thereof,
has been certified and all implementing actions within the area
affected have become effective, the development review authority
provided for in Chapter 7 (commencing with Section 30600) shall no
longer be exercised by the commission over any new development
proposed within the area to which the certified local coastal
program, or any portion thereof, applies and shall at that time be
delegated to the local government that is implementing the local
coastal program or any portion thereof.
(b) Subdivision (a) shall not apply to any development proposed or
undertaken on any tidelands, submerged lands, or on public trust
lands, whether filled or unfilled, lying within the coastal zone, nor
shall it apply to any development proposed or undertaken within
ports covered by Chapter 8 (commencing with Section 30700) or within
any state university or college within the coastal zone; however,
this section shall apply to any development proposed or undertaken by
a port or harbor district or authority on lands or waters granted by
the Legislature to a local government whose certified local coastal
program includes the specific development plans for such district or
authority.
(c) The commission may, from time to time, recommend to the
appropriate local government local coastal program amendments to
accommodate uses of greater than local importance, which uses are not
permitted by the applicable certified local coastal program. These
uses may be listed generally or the commission may recommend specific
uses of greater than local importance for consideration by the
appropriate local government.
30519.1. (a) This section shall apply only to those parcels and
areas within the City of Carlsbad for which a local coastal program
has been prepared and certified by the commission pursuant to
subdivision (f) of Section 30170 or Section 30171.
(b) Any provisions of any such local coastal program with respect
to housing for persons and families of low or moderate income shall
have no force or effect after January 1, 1982. After that date,
housing requirements for those parcels and areas shall be determined
pursuant to Section 65590 of the Government Code.
(c) Until such time as, (i) the City of Carlsbad adopts or enacts
the implementing actions contained in any such local coastal program,
or (ii) other statutory provisions provide alternately for the
adoption, certification, and implementation of a local coastal
program for those parcels and areas, coastal development permits for
those parcels and areas shall be issued by the commission as provided
in this subdivision. Notwithstanding any other provision of this
division, the commission shall issue a coastal development permit if
it finds that a proposed development is in conformity with the
certified local coastal program, exclusive of any provisions with
respect to housing for persons and families of low or moderate income
which have been rendered inoperative pursuant to subdivision (b).
30519.2. (a) (1) This subdivision shall only apply to territory
described in paragraph (2) and defined as the "Annexed Area."
(2) For purposes of this section, "Annexed Area" means the
territory consisting of approximately 5,450 acres in the County of
Orange bounded to the north by the inland boundary of the coastal
zone, to the east by the western boundary of Crystal Cove State Park,
to the south by the state's outer limit of jurisdiction over the
Pacific Ocean, and to the west by the city limits of the City of
Newport Beach.
(3) This subdivision shall be operative upon the effective date of
the annexation of all or part of the Annexed Area by the City of
Newport Beach.
(4) Upon the recordation of a certificate of completion of any
reorganization or change of organization that results in the
annexation of all or part of the Annexed Area by the City of Newport
Beach, both of the following shall occur:
(A) The local coastal program applicable to any part of the
Annexed Area shall continue to be the certified local coastal program
for the County of Orange.
(B) The County of Orange shall continue to exercise all
development review authority described in Section 30519, as delegated
to it by the commission consistent with the certified local coastal
program of the County of Orange for the Annexed Area.
(5) If, at any time after the recordation of the certificate of
completion of the annexation of the Annexed Area, the City of Newport
Beach elects to assume coastal management responsibility for the
Annexed Area, the city may begin preparation of a local coastal
program for that area. The City of Newport Beach may adopt provisions
of the County of Orange's certified local coastal program that apply
to the Annexed Area. All of the procedures for the preparation,
approval, and certification of a local coastal program set forth in
this division, and any applicable regulations adopted by the
commission, shall apply to the preparation, approval, and
certification of a local coastal program for the Annexed Area.
(6) If the City of Newport Beach obtains certification of a local
coastal program for the Annexed Area, the city shall, upon the
effective date of that certification, exercise all of the authority
granted to a local government with a certified local coastal program,
and the provisions of paragraph (4) shall become inoperative.
(b) On or before June 30, 2003, or 24 months after the annexation
of the Annexed Area, whichever event occurs first, the City of
Newport Beach shall submit to the commission for approval and
certification the city's local coastal program for all of the
geographic area within the coastal zone and the city's corporate
boundaries as of June 30, 2000. The submittal may include a local
coastal program segment for the Annexed Area that will implement the
local coastal program for the County of Orange as described in
paragraph (4) of subdivision (a).
(c) If the City of Newport Beach fails to submit a local coastal
program to the commission for approval and certification pursuant to
subdivision (b) or does not have an effectively certified local
coastal program within six months after the commission's approval of
the local coastal program, the City of Newport Beach shall submit a
monthly late fee of one thousand dollars ($1,000) to be deposited
into the Violation Remediation Account of the Coastal Conservancy
Fund, to be expended in accordance with the purposes of Section
30823. The City of Newport Beach shall pay the monthly late fee until
the time that the city commences implementation of an effectively
certified local coastal program. The city may not recover the cost of
the late fee from any owner or lessee of property in the coastal
zone.
30519.5. (a) The commission shall, from time to time, but at least
once every five years after certification, review every certified
local coastal program to determine whether such program is being
effectively implemented in conformity with the policies of this
division. If the commission determines that a certified local coastal
program is not being carried out in conformity with any policy of
this division it shall submit to the affected local government
recommendations of corrective actions that should be taken. Such
recommendations may include recommended amendments to the affected
local government's local coastal program.
(b) Recommendations submitted pursuant to this section shall be
reviewed by the affected local government and, if the recommended
action is not taken, the local government shall, within one year of
such submission, forward to the commission a report setting forth its
reasons for not taking the recommended action. The commission shall
review such report and, where appropriate, report to the Legislature
and recommend legislative action necessary to assure effective
implementation of the relevant policy or policies of this division.
30520. (a) If the application of any certified local coastal
program, or any portion thereof, is prohibited or stayed by any
court, the permit authority provided for in Chapter 7 (commencing
with Section 30600) shall be exercised pursuant to the provisions of
this section until a final court order has withdrawn such prohibition
or stay. A coastal development permit shall be issued by the
affected local government or the commission on appeal, if that local
government or the commission on appeal finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan if the court-ordered prohibition or stay applies only to the
zoning ordinances, zoning district maps, or, where necessary, the
other implementing actions which are required pursuant to this
chapter. Any development approved by a local government pursuant to
this subdivision may be appealed to the commission by any person,
including the executive director or any commissioner during the
period the permit provisions of this section are in effect.
(b) Until a local government has adopted an interim ordinance
prescribing procedures for issuing coastal development permits in the
circumstances described in subdivision (a), the permit authority
provided for in Chapter 7 (commencing with Section 30600) shall be
reinstated in the commission. A coastal development permit shall be
issued by the commission if the commission finds that the proposed
development is in conformity with the provisions of Chapter 3
(commencing with Section 30200) or the applicable certified land use
plan, if the court-ordered prohibition or stay applies only to zoning
ordinances, zoning district maps, or, where necessary, the other
implementing actions which are required pursuant to this chapter.
(c) The permit authority provided for in this section shall be
limited to only those developments which would be affected by the
court-ordered prohibition or stay.
30522. Nothing in this chapter shall permit the commission to
certify a local coastal program which provides for a lesser degree of
environmental protection than that provided by the plans and
policies of any state regulatory agency that are formally adopted by
such agency, are used in the regulatory program of such agency, and
are legally enforceable.
30523. It is the intent of the Legislature that local coastal
programs certified by the commission should be sufficiently specific
to meet the requirements of Section 30108.5, but not so detailed as
to require amendment and commission review for minor changes, or to
discourage the assumption by local governments of postcertification
authority which ensures and implements effective protection of
coastal resources. The Legislature also recognizes that the
applicable policies and the level of specificity required to ensure
coastal resource protection may differ between areas on or near the
shoreline and inland areas.
30525. (a) Every state agency that owns or manages land or water
areas within the coastal zone, including public beaches, parks,
natural areas, and fish and wildlife preserves, shall identify the
sensitive resource values within those areas that are particularly
susceptible to adverse impacts from nearby development that is not
carefully planned. Every such agency shall also identify the location
and type of development that would have a significant adverse impact
on those sensitive resource values.
(b) Every agency subject to this section shall advise the
appropriate local government of particular considerations that should
be evaluated during the preparation of a local coastal program and
which, in the opinion of such agency, may be necessary to protect
identified sensitive resource values. In addition, the work
undertaken pursuant to this section shall be completed in a timely
manner in order to maximize the opportunity for the public, affected
local governments, and the commission to consider this information
fully during the preparation, review, and approval of the appropriate
local coastal program.
(c) Work already completed pursuant to former Chapter 7
(commencing with Section 31300) of Division 21 of the Public
Resources Code, added by Chapter 1441 of the Statutes of 1976, and in
conformity with this section, that identifies sensitive resource
values within publicly owned or managed land and water areas of the
coastal zone shall be considered by local government and the
commission in the course of carrying out this chapter.
(d) For purposes of this section, "sensitive resource values"
means those fragile or unique natural resources which are
particularly susceptible to degradation resulting from surrounding
development, the adverse effects of which have not been carefully
evaluated, mitigated, or avoided. Examples include, but are not
limited to, environmentally sensitive areas, as defined in Section
30107.5, areas uniquely suited for scientific or educational
purposes, and specific public recreation areas where the quality of
the recreational experience is dependent on the character of the
surrounding area.
30526. (a) Because of the intensity of development contemplated,
the area's steep topography and highly erodible soils, and the
demonstrated impacts from development despite the utilization of
mitigation measures, the Legislature finds that the threat from
development to wetlands in the City of San Diego requires that a
mitigation fee program be included in the city's local coastal
program. Therefore, the City of San Diego shall provide in its local
coastal program for payment of a reasonable fee to the State Coastal
Conservancy by applicants for a coastal development permit if the
proposed development has, or is reasonably expected to have, a direct
and significant effect on coastal resources within a specific
geographic watershed in the coastal zone which can be mitigated
through the incorporation of feasible onsite and offsite mitigation
measures into the proposed development and through the mitigation fee
program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be
deposited in an account established by the State Coastal Conservancy
. None of the funds in the account shall be appropriated for any
purpose not specified in this section. Except as provided in this
section, any fee paid pursuant to this section may only be used to
restore, replace, or improve resources or ecological systems which
are adversely affected by the proposed development and with respect
to which the fee constitutes partial or total mitigation. Any fees
established pursuant to this section are not required for any
development that is undertaken by a public agency for the purpose of
providing resource enhancement or public recreation. In the event
that mitigation of all development impacts cannot be feasibly carried
out within the watershed, the conservancy may, with the approval of
the local government and the commission, complete the mitigation for
the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los
Penasquitos Lagoon area in the City of San Diego.
