30600. (a) Except as provided in subdivision (e), and in addition
to obtaining any other permit required by law from any local
government or from any state, regional, or local agency, any person,
as defined in Section 21066, wishing to perform or undertake any
development in the coastal zone, other than a facility subject to
Section 25500, shall obtain a coastal development permit.
(b) (1) Prior to certification of its local coastal program, a
local government may, with respect to any development within its area
of jurisdiction in the coastal zone and consistent with the
provisions of Sections 30604, 30620, and 30620.5, establish
procedures for the filing, processing, review, modification,
approval, or denial of a coastal development permit. Those procedures
may be incorporated and made a part of the procedures relating to
any other appropriate land use development permit issued by the local
government.
(2) A coastal development permit from a local government shall not
be required by this subdivision for any development on tidelands,
submerged lands, or on public trust lands, whether filled or
unfilled, or for any development by a public agency for which a local
government permit is not otherwise required.
(c) If prior to certification of its local coastal program, a
local government does not exercise the option provided in subdivision
(b), or a development is not subject to the requirements of
subdivision (b), a coastal development permit shall be obtained from
the commission or from a local government as provided in subdivision
(d).
(d) After certification of its local coastal program or pursuant
to the provisions of Section 30600.5, a coastal development permit
shall be obtained from the local government as provided for in
Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects,
except that notification by the agency or public utility performing
any of the following projects shall be made to the commission within
14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage. This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
30600.1. (a) In the event that an applicant for a coastal
development permit had, prior to January 1, 1982, received from the
appropriate local government final discretionary approval to proceed
with a proposed development, but had not been issued a coastal
development permit prior to that date, the provisions of subdivision
(b) or (c) shall apply to any requirements for housing for persons or
families of low or moderate income which may be applicable to the
proposed development.
(b) In the event that the commission has approved an application
for a coastal development permit, but the applicant has not complied
with conditions in regard to such housing which were imposed by the
commission as part of its approval, the applicant shall do either of
the following:
(1) Comply with the housing and other applicable conditions
imposed by the commission, in which event the coastal development
permit shall be issued and the provisions of Section 65590 of the
Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in
Section 65590.1 of the Government Code to have that local government
apply the requirements of Section 65590 of the Government Code to the
proposed development, in which event, no condition previously
imposed by the commission with respect to such housing shall be
applicable to the proposed development.
(c) In the event that application has not been acted upon prior to
January 1, 1982, the commission shall process the application as
otherwise required by this division, but shall not impose any
condition or requirement with respect to housing for persons or
families of low or moderate income on the proposed development. The
applicant shall apply to the appropriate local government as provided
in Section 65590.1 of the Government Code to have that local
government apply the requirements of Section 65590 of the Government
Code to the proposed development. The commission, at its discretion,
may defer action on this application until the local government has
acted to apply the requirements of Section 65590 of the Government
Code. The time limits otherwise applicable to commission action on
this application shall be stayed during any such period of deferral.
If however any such application is for a conversion of a residential
dwelling as defined in paragraph (1) of subdivision (g) of Section
65590 of the Government Code, the commission shall not defer
processing of such application but shall defer the final issuance of
a coastal development permit until the local government has applied
the requirements of Section 65590 of the Government Code.
30600.5. (a) Prior to the certification of a local coastal program
and notwithstanding the provisions of subdivision (a) of Section
30519, after the effective date of this section, the authority for
issuance of coastal development permits provided for in Chapter 7
(commencing with Section 30600) shall be delegated to local
governments pursuant to the provisions of this section.
(b) Except for any development specified in subdivision (b) of
Section 30519 and Section 30601 or with respect to any development
proposed by any state agency, the authority for issuance of coastal
development permits provided for in Chapter 7 (commencing with
Section 30600) shall be delegated to the respective local governments
within 120 days after (1) the effective date of certification of a
land use plan pursuant to Chapter 6 (commencing with Section 30500)
or (2) the effective date of this section, whichever occurs last.
This delegation shall only apply with respect to those areas governed
by the certified land use plan or a certified portion thereof,
applicable to an identifiable geographic area.
(c) Notwithstanding any other provision of this division, after
delegation of authority to issue coastal development permits pursuant
to subdivision (b), a coastal development permit shall be issued by
the respective local government or the commission on appeal, if that
local government or the commission on appeal finds that the proposed
development is in conformity with the certified land use plan.
(d) Any action taken by a local government on a coastal
development permit application pursuant to the provisions of this
section may be appealed to the commission pursuant to Section 30602.
The commission shall hear an appeal brought pursuant to the
provisions of this section, unless it determines that the local
government action taken raises no substantial issue as to conformity
with the certified land use plan. For purposes of this subdivision,
failure by any local government to act within any time limit
specified in this division shall constitute an "action taken."
(e) The commission shall, following a public hearing and within 90
days after the effective date of this section, adopt minimum
standards for public notice, hearing, and appeal procedures to govern
local government review of coastal development permit applications
pursuant to this section. The standards shall, as nearly as
practical, follow the standards required for local agencies after
certification of local coastal programs for appealable developments
and shall ensure that the notice and hearing required for the coastal
development permit can be provided at the same time as the notice
and hearing requirements for other local land use decisions which may
be necessary for the project requiring the permit. Within 60 days
prior to assumption of authority for issuance of coastal development
permits pursuant to this section, the local government shall provide
drafts of all procedures for issuance of coastal development permits
to the executive director of the commission. Delegation of the
authority to issue coastal development permits pursuant to
subdivision (b) shall not occur until the local government has
provided copies of all the adopted procedures for the issuance of
coastal development permits to the executive director of the
commission. Any amendments to the procedures shall also be furnished
to the executive director for his information.
(f) Prior to the delegation of authority to issue coastal
development permits as provided in subdivision (b), a local
government, after appropriate notice and hearing, shall adopt an
ordinance prescribing the procedures to be used in issuing such
coastal development permits. Each such ordinance shall incorporate at
least the minimum standards for public notice, hearings, and appeals
established by the commission pursuant to subdivision (e). In
addition, each such ordinance shall contain provisions which prohibit
the issuance of a coastal development permit for any development
which may conflict with the ordinances which are being prepared to
implement the certified land use plan.
(g) In order to expedite certification of complete local coastal
programs and the transfer of coastal development controls to local
government, the commission shall, on request from a local government,
prepare the ordinances necessary for that local government to
implement the coastal permit responsibilities of this division.
(h) The time limits set forth in subdivision (b) shall be
extended, by right, for not more than 90 days if a local government,
by resolution of its governing body, so requests.
(i) The provisions of this section and of any local ordinance
enacted pursuant thereto shall have no further force or effect or
application after that local government's local coastal program has
been certified and taken effect pursuant to the provisions of this
division.
(j) This section shall become inoperative and shall have no force
or effect on the date, if any, of a final judicial decision that its
provisions are inconsistent with the requirements of the federal
coastal act.
30600.6. (a) The Legislature finds that some new cost may be
incurred by local governments when the authority to issue coastal
development permits is delegated to these local governments as
provided in Section 30600.5. It is the intent of the Legislature that
during the period prior to certification of a local government's
local coastal program these new costs shall be funded as provided in
this section.
(b) If a local government has been delegated authority to issue
coastal development permits as provided in Section 30600.5, any new
costs incurred by reason thereof shall be recovered from fees charged
to individual permit applicants. Such fees shall cover only those
costs which meet all of the following criteria:
(1) The costs are attributable to the actual issuance of coastal
development permits, including a pro rata share of general
administrative costs.
(2) The costs would not have been incurred except for the
delegation of authority to issue coastal development permits as
provided in Section 30600.5.
(3) The costs are of a type which would not normally be incurred
by the local government in carrying out its land use planning and
regulatory responsibilities pursuant to other provisions of law.
(c) A local government may elect not to levy fees as provided in
this section. If the local government does not levy such fees, it
shall not be eligible to be reimbursed for such costs pursuant to
other provisions of law.
(d) After certification of its local coastal program, each
respective local government shall be reimbursed for costs associated
with implementation of that local coastal program as provided in
Article 4 (commencing with Section 30350) of Chapter 4.
30600.7. Where, prior to delegation of coastal permit authority
pursuant to Section 30519, a modification of a refinery facility or
petrochemical facility is necessary to comply with a goal, policy, or
requirement of an air pollution control district, the State Air
Resources Board, or the Environmental Protection Agency to provide
for reformulated or alternative fuels, that modification shall
require a coastal development permit from the commission only,
notwithstanding the option afforded local governments under
subdivision (b) of Section 30600.
30601. Prior to certification of the local coastal program and,
where applicable, in addition to a permit from local government
pursuant to subdivision (b) or (d) of Section 30600, a coastal
development permit shall be obtained from the commission for any of
the following:
(1) Developments between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any
beach or of the mean high tide line of the sea where there is no
beach, whichever is the greater distance.
(2) Developments not included within paragraph (1) located on
tidelands, submerged lands, public trust lands, within 100 feet of
any wetland, estuary, stream, or within 300 feet of the top of the
seaward face of any coastal bluff.
(3) Any development which constitutes a major public works project
or a major energy facility.
30601.3. (a) Notwithstanding Section 30519, the commission may
process and act upon a consolidated coastal development permit
application if both of the following criteria are satisfied:
(1) A proposed project requires a coastal development permit from
both a local government with a certified local coastal program and
the commission.
(2) The applicant, the appropriate local government, and the
commission, which may agree through its executive director, consent
to consolidate the permit action, provided that public participation
is not substantially impaired by that review consolidation.
(b) The standard of review for a consolidated coastal development
permit application submitted pursuant to subdivision (a) shall follow
Chapter 3 (commencing with Section 30200), with the appropriate
local coastal program used as guidance.
(c) The application fee for a consolidated coastal development
permit shall be determined by reference to the commission's permit
fee schedule.
(d) To implement this section, the commission may adopt
guidelines, in the same manner as interpretive guidelines adopted
pursuant to paragraph (3) of subdivision (a) of Section 30620.
30601.5. Where the applicant for a coastal development permit is
not the owner of a fee interest in the property on which a proposed
development is to be located, but can demonstrate a legal right,
interest, or other entitlement to use the property for the proposed
development, the commission shall not require the holder or owner of
any superior interest in the property to join the applicant as
coapplicant. All holders or owners of any other interests of record
in the affected property shall be notified in writing of the permit
application and invited to join as coapplicant. In addition, prior to
the issuance of a coastal development permit, the applicant shall
demonstrate the authority to comply with all conditions of approval.
30602. Prior to certification of its local coastal program, any
action taken by a local government on a coastal development permit
application may be appealed by the executive director of the
commission, any person, including the applicant, or any two members
of the commission to the commission. The action shall become final at
the close of business on the 20th working day from the date of
receipt of the notice required by subdivision (c) of Section 30620.5,
unless an appeal is submitted within that time. Regardless of
whether an appeal is submitted, the local government's action shall
become final if an appeal fee is imposed pursuant to subdivision (d)
of Section 30620 and is not deposited with the commission within the
time prescribed.
30603. (a) After certification of its local coastal program, an
action taken by a local government on a coastal development permit
application may be appealed to the commission for only the following
types of developments:
(1) Developments approved by the local government between the sea
and the first public road paralleling the sea or within 300 feet of
the inland extent of any beach or of the mean high tideline of the
sea where there is no beach, whichever is the greater distance.
(2) Developments approved by the local government not included
within paragraph (1) that are located on tidelands, submerged lands,
public trust lands, within 100 feet of any wetland, estuary, or
stream, or within 300 feet of the top of the seaward face of any
coastal bluff.
(3) Developments approved by the local government not included
within paragraph (1) or (2) that are located in a sensitive coastal
resource area.
(4) Any development approved by a coastal county that is not
designated as the principal permitted use under the zoning ordinance
or zoning district map approved pursuant to Chapter 6 (commencing
with Section 30500).
(5) Any development which constitutes a major public works project
or a major energy facility.
(b) (1) The grounds for an appeal pursuant to subdivision (a)
shall be limited to an allegation that the development does not
conform to the standards set forth in the certified local coastal
program or the public access policies set forth in this division.
(2) The grounds for an appeal of a denial of a permit pursuant to
paragraph (5) of subdivision (a) shall be limited to an allegation
that the development conforms to the standards set forth in the
certified local coastal program and the public access policies set
forth in this division.
(c) Any action described in subdivision (a) shall become final at
the close of business on the 10th working day from the date of
receipt by the commission of the notice of the local government's
final action, unless an appeal is submitted within that time.
Regardless of whether an appeal is submitted, the local government's
action shall become final if an appeal fee is imposed pursuant to
subdivision (d) of Section 30620 and is not deposited with the
commission within the time prescribed.
(d) A local government taking an action on a coastal development
permit shall send notification of its final action to the commission
by certified mail within seven calendar days from the date of taking
the action.
30603.1. (a) In any city and county which so requests, the
commission may adjust the inland boundary of the area within which
the issuance of coastal development permits may be appealed to the
commission pursuant to paragraph (1) of subdivision (a) of Section
30603. Any such adjustment shall be made solely to avoid the
circumstance of having the boundary of that area bisect an individual
parcel of property. The adjustment may be made landward or seaward,
but shall be the minimum distance necessary, consistent with the
policies of Chapter 3 (commencing with Section 30200), to avoid
bisecting a parcel of property.
(b) If the commission subsequently finds that the circumstances
which warranted a boundary adjustment pursuant to subdivision (a)
have changed, it may, after notice to the city and county, readjust
the boundary so that it is consistent with the changed circumstances.
The requirements of subdivision (a) shall apply to any such boundary
adjustment.
30604. (a) Prior to certification of the local coastal program, a
coastal development permit shall be issued if the issuing agency, or
the commission on appeal, finds that the proposed development is in
conformity with Chapter 3 (commencing with Section 30200) and that
the permitted development will not prejudice the ability of the local
government to prepare a local coastal program that is in conformity
with Chapter 3 (commencing with Section 30200). A denial of a coastal
development permit on grounds it would prejudice the ability of the
local government to prepare a local coastal program that is in
conformity with Chapter 3 (commencing with Section 30200) shall be
accompanied by a specific finding that sets forth the basis for that
conclusion.
(b) After certification of the local coastal program, a coastal
development permit shall be issued if the issuing agency or the
commission on appeal finds that the proposed development is in
conformity with the certified local coastal program.
(c) Every coastal development permit issued for any development
between the nearest public road and the sea or the shoreline of any
body of water located within the coastal zone shall include a
specific finding that the development is in conformity with the
public access and public recreation policies of Chapter 3 (commencing
with Section 30200).
(d) No development or any portion thereof that is outside the
coastal zone shall be subject to the coastal development permit
requirements of this division, nor shall anything in this division
authorize the denial of a coastal development permit by the
commission on the grounds the proposed development within the coastal
zone will have an adverse environmental effect outside the coastal
zone.
(e) No coastal development permit may be denied under this
division on the grounds that a public agency is planning or
contemplating to acquire the property on, or property adjacent to the
property on, which the proposed development is to be located, unless
the public agency has been specifically authorized to acquire the
property and there are funds available, or funds that could
reasonably be expected to be made available within one year, for the
acquisition. If a permit has been denied for that reason and the
property has not been acquired by a public agency within a reasonable
period of time, a permit may not be denied for the development on
grounds that the property, or adjacent property, is to be acquired by
a public agency when the application for such a development is
resubmitted.
(f) The commission shall encourage housing opportunities for
persons of low and moderate income. In reviewing residential
development applications for low- and moderate-income housing, as
defined in paragraph (3) of subdivision (h) of Section 65589.5 of the
Government Code, the issuing agency or the commission, on appeal,
may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the
permitted density or range of density established by local zoning
plus the additional density permitted under Section 65915 of the
Government Code, unless the issuing agency or the commission on
appeal makes a finding, based on substantial evidence in the record,
that the density sought by the applicant cannot feasibly be
accommodated on the site in a manner that is in conformity with
Chapter 3 (commencing with Section 30200) or the certified local
coastal program.
(g) The Legislature finds and declares that it is important for
the commission to encourage the protection of existing and the
provision of new affordable housing opportunities for persons of low
and moderate income in the coastal zone.
30605. To promote greater efficiency for the planning of any public
works or state university or college or private university
development projects and as an alternative to project-by-project
review, plans for public works or state university or college or
private university long-range land use development plans may be
submitted to the commission for review in the same manner prescribed
for the review of local coastal programs as set forth in Chapter 6
(commencing with Section 30500). If any plan for public works or
state university or college development project is submitted prior to
certification of the local coastal programs for the jurisdictions
affected by the proposed public works, the commission shall certify
whether the proposed plan is consistent with Chapter 3 (commencing
with Section 30200). The commission shall, by regulation, provide for
the submission and distribution to the public, prior to public
hearings on the plan, detailed environmental information sufficient
to enable the commission to determine the consistency of the plans
with the policies of this division. If any such plan for public works
is submitted after the certification of local coastal programs, any
such plan shall be approved by the commission only if it finds, after
full consultation with the affected local governments, that the
proposed plan for public works is in conformity with certified local
coastal programs in jurisdictions affected by the proposed public
works. Each state university or college or private university shall
coordinate and consult with local government in the preparation of
long-range development plans so as to be consistent, to the fullest
extent feasible, with the appropriate local coastal program. Where a
plan for a public works or state university or college or private
university development project has been certified by the commission,
any subsequent review by the commission of a specific project
contained in the certified plan shall be limited to imposing
conditions consistent with Sections 30607 and 30607.1. A certified
long-range development plan may be amended by the state university or
college or private university, but no amendment shall take effect
until it has been certified by the commission. Any proposed amendment
shall be submitted to, and processed by, the commission in the same
manner as prescribed for amendment of a local coastal program.
30606. Prior to the commencement of any development pursuant to
Section 30605, the public agency proposing the public works project,
or state university or college or private university, shall notify
the commission and other interested persons, organizations, and
governmental agencies of the impending development and provide data
to show that it is consistent with the certified public works plan or
long-range development plan. No development shall take place within
30 working days after the notice.
30607. Any permit that is issued or any development or action
approved on appeal, pursuant to this chapter, shall be subject to
reasonable terms and conditions in order to ensure that such
development or action will be in accordance with the provisions of
this division.
30607.1. Where any dike and fill development is permitted in
wetlands in conformity with Section 30233 or other applicable
policies set forth in this division, mitigation measures shall
include, at a minimum, either acquisition of equivalent areas of
equal or greater biological productivity or opening up equivalent
areas to tidal action; provided, however, that if no appropriate
restoration site is available, an in-lieu fee sufficient to provide
an area of equivalent productive value or surface areas shall be
dedicated to an appropriate public agency, or the replacement site
shall be purchased before the dike or fill development may proceed.
The mitigation measures shall not be required for temporary or
short-term fill or diking if a bond or other evidence of financial
responsibility is provided to assure that restoration will be
accomplished in the shortest feasible time.
30607.2. (a) Conditions requiring housing for persons and families
of low or moderate income, as defined in Section 50093 of the Health
and Safety Code, which were incorporated into a coastal development
permit issued prior to January 1, 1982, may, at the request of the
permittee, be amended or modified by the commission or by a local
government having the authority to issue coastal development permits.
In approving those amendments or modifications, only those
conditions and requirements authorized by Section 65590 of the
Government Code may be imposed on the permittee.
(b) Any person who, prior to January 1, 1982, has been issued a
coastal development permit which contains requirements for low- and
moderate-income housing but who, prior to January 1, 1982, has not
performed substantial work on the development site (such as grading,
installation of streets, sewers, or utilities, or construction of
major buildings) may elect to proceed under either of the following
options:
(1) To proceed pursuant to all of the requirements of the coastal
development permit, in which event the provisions of subdivision (a)
shall apply to any subsequent request to amend or alter the coastal
development permit in regard to housing requirements.
(2) To proceed without complying with the housing requirements
contained in the coastal development permit, in which event the
housing requirements for the development shall be governed by Section
65590 of the Government Code.
(c) No new coastal development permit or amendment to any
existing permit for a sewer project shall be denied, restricted, or
conditioned by the commission in order to implement housing policies
or programs.
(d) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions of any
previously issued coastal development permit which guarantees housing
opportunities for persons and families of low or moderate income
where the term or condition has been met through an agreement
executed and recorded on or before January 1, 1982, between an
applicant and the commission. For previously approved or issued
permits which involve new construction of less than 10 residential
units, an executed and recorded agreement guaranteeing housing
opportunities for persons or families of low or moderate income,
which has not been implemented by the transfer of an interest in real
property or payment of a fee to a public agency or nonprofit
association for the purpose of providing these housing opportunities,
shall be voided if the applicant records the notice provided by the
executive director of the commission. Further, nothing in this
section impairs the commission's authority to deny, restrict, or
condition new permits or amendments to existing permits based on any
requirement of this division.
(e) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions in Permit
#P-80-419 issued by the commission with respect to the reservation or
administration of sewer capacity for affordable housing in the San
Mateo County local coastal program.
30607.5. Within the City of San Diego, the commission shall not
impose or adopt any requirements in conflict with the provisions of
the plan for the protection of vernal pools approved and adopted by
the City of San Diego on June 17, 1980, following consultation with
state and federal agencies, and approved and adopted by the United
States Army Corps of Engineers in coordination with the United States
Fish and Wildlife Service.
30607.7. (a) A coastal development permit for sand replenishment
requires the project applicant to provide onsite monitoring and
supervision during the implementation of the permit.
(b) A permit subject to subdivision (a) may not be issued until
the project applicant provides the issuing agency with a plan for
onsite monitoring and supervision during the implementation of the
permit.
30608. No person who has obtained a vested right in a development
prior to the effective date of this division or who has obtained a
permit from the California Coastal Zone Conservation Commission
pursuant to the California Coastal Zone Conservation Act of 1972
(former Division 18 (commencing with Section 27000)) shall be
required to secure approval for the development pursuant to this
division. However, no substantial change may be made in the
development without prior approval having been obtained under this
division.
30609. Where, prior to January 1, 1977, a permit was issued and
expressly made subject to recorded terms and conditions that are not
dedications of land or interests in land for the benefit of the
public or a public agency pursuant to the California Coastal Zone
Conservation Act of 1972 (commencing with Section 27000), the owner
of real property which is the subject of such permit may apply for
modification or elimination of the recordation of such terms and
conditions pursuant to the provisions of this division. Such
application shall be made in the same manner as a permit application.
In no event, however, shall such a modification or elimination of
recordation result in the imposition of terms or conditions which are
more restrictive than those imposed at the time of the initial grant
of the permit. Unless modified or deleted pursuant to this section,
any condition imposed on a permit issued pursuant to the former
California Coastal Zone Conservation Act of 1972 (commencing with
Section 27000) shall remain in full force and effect.
30609.5. (a) Except as provided in subdivisions (b) and (c), no
state land that is located between the first public road and the sea,
with an existing or potential public accessway to or from the sea,
or that the commission has formally designated as part of the
California Coastal Trail, shall be transferred or sold by the state
to any private entity unless the state retains a permanent property
interest in the land adequate to provide public access to or along
the sea. In any transfer or sale of real property by a state agency
to a private entity or person pursuant to this section, the
instrument of conveyance created by the state shall require that the
private entity or person or the entity or person's successors or
assigns manage the property in such a way as to ensure that existing
or potential public access is not diminished. The instrument of
conveyance shall further require that any violation of this
management requirement shall result in the reversion of the real
property to the state.
(b) This section shall not apply to the transfer of state land to
a nonprofit organization that exists for the purposes of preserving
lands for public use and enjoyment and meets the requirements of
subdivision (b) of Section 831.5 of the Government Code.
(c) Notwithstanding the provisions of subdivision (a), state lands
between the first public road and the sea, that are under the
possession and control of the Department of Parks and Recreation or
the State Coastal Conservancy, may be transferred or sold if the
department or the conservancy makes one or more of the following
findings at a noticed public hearing relating to the transfer or sale
of the property:
(1) The state has retained or will retain, as a condition of the
transfer or sale, permanent property interests on the land providing
public access to or along the sea.
(2) Equivalent or greater public access to the same beach or
shoreline area is provided for than would be feasible if the land
were to remain in state ownership.
(3) The land to be transferred or sold is an environmentally
sensitive area with natural resources that would be adversely
impacted by public use, and the state will retain permanent property
interests in the land that may be necessary to protect, or otherwise
provide for the permanent protection of, those resources prior to or
as a condition of the transfer or sale.
(4) The land to be transferred or sold has neither existing nor
potential public accessway to the sea.
(d) Nothing in this section shall be construed to interfere with
the management responsibilities of state resource agencies,
including, but not limited to, the responsibilities to ensure public
safety and implement the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game
Code).
(e) As used in this section, "state land" means any real property
in which the state or any state agency has an ownership interest
including, but not limited to, a fee, title, easement, deed
restriction, or other interest in land. It does not include land in
which a city, county, city and county, or district has an ownership
interest.
(f) Nothing in this section is intended to restrict a private
property owner's right to sell or transfer private property.
30610. Notwithstanding any other provision of this division, no
coastal development permit shall be required pursuant to this chapter
for the following types of development and in the following areas:
(a) Improvements to existing single-family residences; provided,
however, that the commission shall specify, by regulation, those
classes of development which involve a risk of adverse environmental
effect and shall require that a coastal development permit be
obtained pursuant to this chapter.
(b) Improvements to any structure other than a single-family
residence or a public works facility; provided, however, that the
commission shall specify, by regulation, those types of improvements
which (1) involve a risk of adverse environmental effect, (2)
adversely affect public access, or (3) involve a change in use
contrary to any policy of this division. Any improvement so specified
by the commission shall require a coastal development permit.
(c) Maintenance dredging of existing navigation channels or moving
dredged material from those channels to a disposal area outside the
coastal zone, pursuant to a permit from the United States Army Corps
of Engineers.
(d) Repair or maintenance activities that do not result in an
addition to, or enlargement or expansion of, the object of those
repair or maintenance activities; provided, however, that if the
commission determines that certain extraordinary methods of repair
and maintenance involve a risk of substantial adverse environmental
impact, it shall, by regulation, require that a permit be obtained
pursuant to this chapter.
(e) Any category of development, or any category of development
within a specifically defined geographic area, that the commission,
after public hearing, and by two-thirds vote of its appointed
members, has described or identified and with respect to which the
commission has found that there is no potential for any significant
adverse effect, either individually or cumulatively, on coastal
resources or on public access to, or along, the coast and, where the
exclusion precedes certification of the applicable local coastal
program, that the exclusion will not impair the ability of local
government to prepare a local coastal program.
(f) The installation, testing, and placement in service or the
replacement of any necessary utility connection between an existing
service facility and any development approved pursuant to this
division; provided, however, that the commission may, where
necessary, require reasonable conditions to mitigate any adverse
impacts on coastal resources, including scenic resources.
(g) (1) The replacement of any structure, other than a public
works facility, destroyed by a disaster. The replacement structure
shall conform to applicable existing zoning requirements, shall be
for the same use as the destroyed structure, shall not exceed either
the floor area, height, or bulk of the destroyed structure by more
than 10 percent, and shall be sited in the same location on the
affected property as the destroyed structure.
(2) As used in this subdivision:
(A) "Disaster" means any situation in which the force or forces
which destroyed the structure to be replaced were beyond the control
of its owner.
(B) "Bulk" means total interior cubic volume as measured from the
exterior surface of the structure.
(C) "Structure" includes landscaping and any erosion control
structure or device which is similar to that which existed prior to
the occurrence of the disaster.
(h) Any activity anywhere in the coastal zone that involves the
conversion of any existing multiple-unit residential structure to a
time-share project, estate, or use, as defined in Section 11212 of
the Business and Professions Code. If any improvement to an existing
structure is otherwise exempt from the permit requirements of this
division, no coastal development permit shall be required for that
improvement on the basis that it is to be made in connection with any
conversion exempt pursuant to this subdivision. The division of a
multiple-unit residential structure into condominiums, as defined in
Section 783 of the Civil Code, shall not be considered a time-share
project, estate, or use for purposes of this subdivision.
(i) (1) Any proposed development which the executive director
finds to be a temporary event which does not have any significant
adverse impact upon coastal resources within the meaning of
guidelines adopted pursuant to this subdivision by the commission.
The commission shall, after public hearing, adopt guidelines to
implement this subdivision to assist local governments and persons
planning temporary events in complying with this division by
specifying the standards which the executive director shall use in
determining whether a temporary event is excluded from permit
requirements pursuant to this subdivision. The guidelines adopted
pursuant to this subdivision shall be exempt from the review of the
Office of Administrative Law and from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
(2) Exclusion or waiver from the coastal development permit
requirements of this division pursuant to this subdivision does not
diminish, waive, or otherwise prevent the commission from asserting
and exercising its coastal development permit jurisdiction over any
temporary event at any time if the commission determines that the
exercise of its jurisdiction is necessary to implement the coastal
resource protection policies of Chapter 3 (commencing with Section
30200).
30610.1. (a) Prior to certification of the applicable local coastal
program, no coastal development permit shall be required for the
construction of a single-family residence on any vacant lot meeting
the criteria set forth in subdivision (c) and located in a specified
area designated by the commission pursuant to subdivision (b).
(b) Within 60 days from the effective date of this section, the
commission shall designate specific areas in the coastal zone where
the construction of a single-family residence on a vacant lot meeting
the criteria set forth in subdivision (c) shall not require a
coastal development permit. Areas shall be designated for the
exclusion provided for in this section if construction of
single-family residences within the area to be designated has no
potential, either individually or cumulatively, for significant
adverse impacts on highly scenic resources of public importance, on
environmentally sensitive areas, on prime agricultural land or on
agricultural lands currently in production, or on public access to or
along the coast.
In addition, if septic tanks will be required or used, an area
identified as having septic tank problems by the appropriate regional
water quality control board or the State Water Resources Control
Board in an approved basin plan or by other formal action of such
board may not be designated for exclusion pursuant to this section.
(c) Within areas designated pursuant to subdivision (b), no
coastal development permit shall be required for the construction of
a single-family residence on any vacant lot which meets all of the
following criteria:
(1) Is not located between the first public road and the sea or
immediately adjacent to the inland extent of any beach or of the mean
high tide line where there is no beach.
(2) Is a legal lot as of the effective date of this section and
conforms with the minimum lot size and lot use designations of the
applicable general plan and zoning ordinances.
(3) Is not located within an area known to the affected local
government, or designated by any other public agency, as a geologic
hazard area or as a flood hazard area, or, if located within such an
area, it has been determined by the affected local government to be a
safe site for the construction of a single-family residence.
(4) Is no more than 250 feet from an existing improved road
adequate for use throughout the year.
(5) Can be served by an adequate water supply that is legally
available for use either by means of a well or by means of a
connection to a water system with sufficient capacity to serve such
lot or lots; provided, that no such connection shall require the
extension of an existing water main which would have the capacity of
serving four or more additional single-family residential structures.
(d) The commission shall, within 120 days from the effective date
of this section, specify uniform criteria that shall be used to
determine the location of "the first public road" and the inland
extent of any beach for purposes of paragraph (1) of subdivision (c).
(e) Within 30 days after the 120-day period specified in
subdivision (b), the commission shall report to the Legislature and
the Governor what has been done to carry out the provisions of this
section.
(f) The provisions of this section shall apply notwithstanding any
other provision of this division to the contrary.
30610.2. (a) Any person wishing to construct a single-family
residence on a vacant lot within an area designated by the commission
pursuant to subdivision (b) of Section 30610.1 shall, prior to the
commencement of construction, secure from the local government with
jurisdiction over the lot in question a written certification or
determination that the lot meets the criteria specified in
subdivision (c) of Section 30610.1 and is therefore exempt from the
coastal development permit requirements of this division. A copy of
every certification of exemption shall be sent by the issuing local
government to the commission within five working days after it is
issued.
(b) If the commission does not designate the areas within the
coastal zone as required by subdivision (b) of Section 30610.1 within
the 60 days specified therein, a local government may make the
certification authorized by subdivision (a) of this section without
regard to the requirements of subdivision (b) of Section 30610.1.
30610.3. (a) Whenever the commission determines (1) that public
access opportunities through an existing subdivided area, which has
less than 75 percent of the subdivided lots built upon, or an area
proposed to be subdivided are not adequate to meet the public access
requirements of this division and (2) that individual owners of
vacant lots in those areas do not have the legal authority to comply
with public access requirements as a condition of securing a coastal
development permit for the reason that some other person or persons
has legal authority, the commission shall implement public access
requirements as provided in this section.
(b) The commission, on its own motion or at the request of an
affected property owner, shall identify an area as meeting the
criteria specified in subdivision (a). After an area has been
identified, the commission shall, after appropriate public hearings
adopt a specific public access program for the area and shall request
that the State Coastal Conservancy, established pursuant to Division
21 (commencing with Section 31000), implement the program. The
access program shall include, but not be limited to, the
identification of specific land areas and view corridors to be used
for public access, any facilities or other development deemed
appropriate, the commission's recommendations regarding the manner in
which public access will be managed, and the types of permitted
public uses. The State Coastal Conservancy shall, pursuant to its
authority, implement the public access program.
(c) The State Coastal Conservancy shall be authorized to expend
funds when appropriated from the Coastal Access Account for the
purchase of lands and view easements and to pay for any development
needed to carry out the public access program specified in
subdivision (a). Not more than 5 percent of the amount of funds
necessary to carry out each public access program may be provided as
a grant to the State Coastal Conservancy for its administrative costs
incurred in carrying out the access program.
(d) The State Coastal Conservancy may enter into any agreement it
deems necessary and appropriate with any state or local public agency
or with a private association authorized to perform those functions
for the operation and maintenance of any access facilities acquired
or developed pursuant to this section.
(e) Every person receiving a coastal development permit or a
certificate of exemption for development on any vacant lot within an
area designated pursuant to this section shall, prior to the
commencement of construction, pay to the commission, for deposit in
the Coastal Access Account, an "in-lieu" public access fee. The
amount of each fee shall be determined by dividing the cost of
acquiring the specified lands and view easements by the total number
of lots within the identified area. The proportion of the acquisition
cost that can be allocated to lots built upon pursuant to permits
that were not subject to public access conditions under this division
or the California Coastal Zone Conservation Act of 1972 (former
Division 18 (commencing with Section 27000)) shall be paid from the
Coastal Access Account. An "in-lieu" public access fee may be in the
form of an appropriate dedication, in which event the lots to which
the dedication can be credited shall not be counted toward the total
number of lots used in arriving at the "in-lieu" public access fee
share for each remaining lot.
(f) For purposes of determining the acquisition costs specified in
subdivision (e), the State Coastal Conservancy may, in the absence
of a fixed price agreed to by both the State Coastal Conservancy and
the seller, specify an estimated cost based on a formal appraisal of
the value of the interest proposed to be acquired. The appraisal
shall be conducted by an independent appraiser under contract with
the State Coastal Conservancy and shall be completed within 120 days
of the adoption of the specific public access program by the
commission pursuant to subdivision (b). The appraisal shall be deemed
suitable for all purposes of the Property Acquisition Law (Part 11
(commencing with Section 15850 of the Government Code)). For every
year following public acquisition of the interests in land specified
as part of a public access program and prior to payment of the
required "in-lieu" fee, a carrying cost factor equal to 5 percent of
the share attributable to each lot shall be added to any unpaid
"in-lieu" public access fee, provided, however, that a lot owner may
pay the "in-lieu" public access fee at any time after public
acquisition in order to avoid payment of the carrying cost factor.
(g) No provision of this section may be applied within any portion
of the unincorporated area in the County of Sonoma, commonly known
as the Sea Ranch.
30610.4. (a) Upon establishment of an acquisition cost pursuant to
subdivision (f) of Section 30610.3, the commission shall review the
area in question to determine if all or some portion of that area
meets the criteria specified in subdivision (b) of Section 30610.1
for areas within which no coastal development permit will be required
from the commission for construction of single-family residences.
Notwithstanding paragraph (1) of subdivision (c) of Section 30610.1,
lots, other than those immediately adjacent to any beach or to the
mean high tide line where there is no beach, can be included in this
exclusion area. If the commission determines an area designated
pursuant to subdivision (b) of Section 30610.3 meets that criteria,
the area shall be designated as one wherein no coastal development
permit from the commission shall be required for the construction of
single-family residences.
(b) Prior to the commencement of construction of any single-family
residence within an area designated pursuant to this section, a
certificate of exemption must be obtained pursuant to Section 30610.2
and the appropriate "in-lieu" public access fee shall be paid.
30610.5. Urban land areas shall, pursuant to the provisions of this
section, be excluded from the permit provisions of this chapter.
(a) Upon the request of a local government, an urban land area, as
specifically identified by such local government, shall, after
public hearing, be excluded by the commission from the permit
provisions of this chapter where both of the following conditions are
met:
(1) The area to be excluded is either a residential area zoned and
developed to a density of four or more dwelling units per acre on or
before January 1, 1977, or a commercial or industrial area zoned and
developed for such use on or before January 1, 1977.
(2) The commission finds both of the following:
(i) Locally permitted development will be infilling or replacement
and will be in conformity with the scale, size, and character of the
surrounding community.
(ii) There is no potential for significant adverse effects, either
individually or cumulatively, on public access to the coast or on
coastal resources from any locally permitted development; provided,
however, that no area may be excluded unless more than 50 percent of
the lots are built upon, to the same general density or intensity of
use.
(b) Every exclusion granted under subdivision (a) of this section
and subdivision (e) of Section 30610 shall be subject to terms and
conditions to assure that no significant change in density, height,
or nature of uses will occur without further proceedings under this
division, and an order granting an exclusion under subdivision (e) of
Section 30610, but not under subdivision (a) of this section may be
revoked at any time by the commission, if the conditions of exclusion
are violated. Tide and submerged land, beaches, and lots immediately
adjacent to the inland extent of any beach, or of the mean high tide
line of the sea where there is no beach, and all lands and waters
subject to the public trust shall not be excluded under either
subdivision (a) of this section or subdivision (e) of Section 30610.
30610.6. (a) The Legislature hereby finds and declares that it is
in the public interest to provide by statute for the resolution of
the lengthy and bitter dispute involving development of existing
legal lots within the unincorporated area of Sonoma County, commonly
known as the Sea Ranch. The reasons for the need to finally resolve
this dispute include the following:
(1) Acknowledgment by the responsible regulatory agencies that
development of existing lots at Sea Ranch can proceed consistent with
the provisions of this division and other applicable laws provided
certain conditions have been met. Development has been prevented at
considerable costs to property owners because these conditions have
not been met.
(2) That it has been, and continues to be, costly to Sea Ranch
property owners and the public because of, among other reasons,
extensive and protracted litigation, continuing administrative
proceedings, and escalating construction costs.
(3) The need to provide additional public access to and along
portions of the coast at the Sea Ranch in order to meet the
requirements of this division. The continuation of this dispute
prevents the public from enjoying the use of those access
opportunities.
(4) The commission is unable to refund 118 "environmental deposits"
to property owners because coastal development permit conditions
have not been met.
(5) It appears likely that this lengthy dispute will continue
unless the Legislature provides a solution, and the failure to
resolve the dispute will be unfair to property owners and the public.
(b) The Legislature further finds and declares that because of the
unique circumstances of this situation, the provisions of this
section constitute the most expeditious and equitable mechanism to
ensure a timely solution that is in the best interest of property
owners and that is consistent with this division.
(c) If the Sea Ranch Association and Oceanic California, Inc.
desire to take advantage of the terms of this section, they shall,
not sooner than April 1, 1981, and not later than July 1, 1981,
deposit into escrow deeds and other necessary documents that have
been determined by the State Coastal Conservancy prior to their
deposit in escrow to be legally sufficient to convey to the State
Coastal Conservancy enforceable and nonexclusive public use easements
free and clear of liens and encumbrances for the easements
specifically described in this subdivision. Upon deposit of five
hundred thousand dollars ($500,000) into the same escrow account by
the State Coastal Conservancy, but in no event later than 30 days
after the deeds and other necessary documents have been deposited in
the escrow account, the escrow agent shall transmit the five hundred
thousand dollars ($500,000), less the escrow, title, and
administrative costs of the State Coastal Conservancy, in an amount
not to exceed twenty thousand dollars ($20,000), to the Sea Ranch
Association and shall convey the deeds and other necessary documents
to the State Coastal Conservancy. The conservancy shall subsequently
convey the deeds and other necessary documents to an appropriate
public agency that is authorized and agrees to accept the easements.
The deeds specified in this subdivision shall be for the following
easements:
(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access
easement from a point on State Highway 1, 50 feet north of mile post
marker 56.75, a day parking area for 10 vehicles, a 15-foot wide
pedestrian accessway from the parking area continuing west to the
bluff-top trail, and a 15-foot wide bluff-top pedestrian easement
beginning at the southern boundary of Gualala Point County Park and
continuing for approximately three miles in a southerly direction to
the sandy beach at the northern end of Unit 28 just north of Walk-on
Beach together with a 15-foot wide pedestrian easement to provide a
connection to Walk-on Beach to the south.
(2) In Unit 24, a day parking area west of State Highway 1, just
south of Whalebone Reach, for six vehicles, and a 15-foot wide
pedestrian accessway over Sea Ranch Association common areas crossing
Pacific Reach and continuing westerly to the southern portion of
Shell Beach with a 15-foot wide pedestrian easement to connect with
the northern portion of Shell Beach.
(3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 53.96, a day parking area for
10 vehicles, and a 15-foot wide pedestrian accessway from the parking
area to the beach at the intersection of Units 21 and 36.
(4) In Unit 17, adjacent to the intersection of Navigator's Reach
and State Highway 1, 75 feet north of mile post marker 52.21, enough
land to provide day parking for four vehicles and a 15-foot wide
pedestrian accessway from the parking area to Pebble Beach.
(5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 50.85, a day parking area for
10 vehicles and a 15-foot wide pedestrian accessway from the parking
area to Black Point Beach.
(6) With respect to each of the beaches to which access will be
provided by the easements specified in this subdivision, an easement
for public use of the area between the line of mean high tide and
either the toe of the adjacent bluff or the first line of vegetation,
whichever is nearer to the water.
(7) Scenic view easements for those areas specified by the
executive director, as provided in subdivision (d), and which
easements allow for the removal of trees in order to restore and
preserve scenic views from State Highway 1.
(d) The executive director of the commission shall, within 30 days
after the effective date of this section, specifically identify the
areas along State Highway 1 for which the scenic view easements
provided for in paragraph (7) of subdivision (c) will be required. In
identifying the areas for which easements for the restoration and
preservation of public scenic views will be required, the executive
director shall take into account the effect of tree removal so as to
avoid causing erosion problems. It is the intent of the Legislature
that only those areas be identified where scenic views to or along
the coast are unique or particularly beautiful or spectacular and
which thereby take on public importance. The restoration and
preservation of the scenic view areas specified pursuant to this
subdivision shall be at public expense.
(e) Within 30 days after the effective date of this section, the
executive director of the commission shall specify design criteria
for the height, site, and bulk of any development visible from the
scenic view areas provided for in subdivision (d). This criteria
shall be enforced by the County of Sonoma if the deeds and other
necessary documents specified in subdivision (c) have been conveyed
to the State Coastal Conservancy. This criteria shall be reasonable
so as to enable affected property owners to build single-family
residences of substantially similar overall size to those that
property owners who are not affected by these criteria may build or
have already built under the Sea Ranch Association's building design
criteria. The purpose of the criteria is to ensure that development
will not substantially detract from the specified scenic view areas.
(f) On and after the date on which the deeds and other necessary
documents deposited in escrow pursuant to subdivision (c) have been
conveyed to the State Coastal Conservancy, no additional public
access requirements shall be imposed at the Sea Ranch pursuant to
this division by any regional commission, the commission, any other
state agency, or any local government. The Legislature hereby finds
and declares that the provision of the access facilities specified in
this subdivision shall be deemed adequate to meet the requirements
of this division.
(g) The realignment of internal roads within the Sea Ranch shall
not be required by any state or local agency acting pursuant to this
division. However, appropriate easements may be required by the
County of Sonoma to provide for the expansion of State Highway 1 for
the development of turnout and left-turn lanes and for the location
of a bicycle path, when the funds are made available for those
purposes. The Legislature finds and declares that this subdivision is
adequate to meet the requirements of this division to ensure that
new development at the Sea Ranch will not overburden the capacity of
State Highway 1 to the detriment of recreational users.
(h) No coastal development permit shall be required pursuant to
this division for the development of supplemental water supply
facilities determined by the State Water Resources Control Board to
be necessary to meet the needs of legally permitted development
within the Sea Ranch. The commission, through its executive director,
shall participate in the proceedings before the State Water
Resources Control Board relating to these facilities and may
recommend terms and conditions that the commission deems necessary to
protect against adverse impacts on coastal zone resources. The State
Water Resources Control Board shall condition any permit or other
authorization for the development of these facilities so as to carry
out the commission's recommendation, unless the State Water Resources
Control Board determines that the recommended terms or conditions
are unreasonable. This subdivision shall become operative if the
deeds and other necessary documents specified in subdivision (c) have
been conveyed to the State Coastal Conservancy.
(i) Within 90 days after the effective date of this section, the
commission, through its executive director, shall specify criteria
for septic tank construction, operation, and monitoring within the
Sea Ranch to ensure protection of coastal zone resources consistent
with the policies of this division. The North Coast Regional Water
Quality Control Board shall review the criteria and adopt it, unless
it finds the criteria or a portion thereof is unreasonable. The
regional board shall be responsible for the enforcement of the
adopted criteria if the deeds and other necessary documents specified
in subdivision (c) have been conveyed to the State Coastal
Conservancy.
(j) Within 60 days after the date on which the deeds and other
necessary documents deposited in e
30600. (a) Except as provided in subdivision (e), and in addition
to obtaining any other permit required by law from any local
government or from any state, regional, or local agency, any person,
as defined in Section 21066, wishing to perform or undertake any
development in the coastal zone, other than a facility subject to
Section 25500, shall obtain a coastal development permit.
(b) (1) Prior to certification of its local coastal program, a
local government may, with respect to any development within its area
of jurisdiction in the coastal zone and consistent with the
provisions of Sections 30604, 30620, and 30620.5, establish
procedures for the filing, processing, review, modification,
approval, or denial of a coastal development permit. Those procedures
may be incorporated and made a part of the procedures relating to
any other appropriate land use development permit issued by the local
government.
(2) A coastal development permit from a local government shall not
be required by this subdivision for any development on tidelands,
submerged lands, or on public trust lands, whether filled or
unfilled, or for any development by a public agency for which a local
government permit is not otherwise required.
(c) If prior to certification of its local coastal program, a
local government does not exercise the option provided in subdivision
(b), or a development is not subject to the requirements of
subdivision (b), a coastal development permit shall be obtained from
the commission or from a local government as provided in subdivision
(d).
(d) After certification of its local coastal program or pursuant
to the provisions of Section 30600.5, a coastal development permit
shall be obtained from the local government as provided for in
Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects,
except that notification by the agency or public utility performing
any of the following projects shall be made to the commission within
14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage. This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
30600.1. (a) In the event that an applicant for a coastal
development permit had, prior to January 1, 1982, received from the
appropriate local government final discretionary approval to proceed
with a proposed development, but had not been issued a coastal
development permit prior to that date, the provisions of subdivision
(b) or (c) shall apply to any requirements for housing for persons or
families of low or moderate income which may be applicable to the
proposed development.
(b) In the event that the commission has approved an application
for a coastal development permit, but the applicant has not complied
with conditions in regard to such housing which were imposed by the
commission as part of its approval, the applicant shall do either of
the following:
(1) Comply with the housing and other applicable conditions
imposed by the commission, in which event the coastal development
permit shall be issued and the provisions of Section 65590 of the
Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in
Section 65590.1 of the Government Code to have that local government
apply the requirements of Section 65590 of the Government Code to the
proposed development, in which event, no condition previously
imposed by the commission with respect to such housing shall be
applicable to the proposed development.
(c) In the event that application has not been acted upon prior to
January 1, 1982, the commission shall process the application as
otherwise required by this division, but shall not impose any
condition or requirement with respect to housing for persons or
families of low or moderate income on the proposed development. The
applicant shall apply to the appropriate local government as provided
in Section 65590.1 of the Government Code to have that local
government apply the requirements of Section 65590 of the Government
Code to the proposed development. The commission, at its discretion,
may defer action on this application until the local government has
acted to apply the requirements of Section 65590 of the Government
Code. The time limits otherwise applicable to commission action on
this application shall be stayed during any such period of deferral.
If however any such application is for a conversion of a residential
dwelling as defined in paragraph (1) of subdivision (g) of Section
65590 of the Government Code, the commission shall not defer
processing of such application but shall defer the final issuance of
a coastal development permit until the local government has applied
the requirements of Section 65590 of the Government Code.
30600.5. (a) Prior to the certification of a local coastal program
and notwithstanding the provisions of subdivision (a) of Section
30519, after the effective date of this section, the authority for
issuance of coastal development permits provided for in Chapter 7
(commencing with Section 30600) shall be delegated to local
governments pursuant to the provisions of this section.
(b) Except for any development specified in subdivision (b) of
Section 30519 and Section 30601 or with respect to any development
proposed by any state agency, the authority for issuance of coastal
development permits provided for in Chapter 7 (commencing with
Section 30600) shall be delegated to the respective local governments
within 120 days after (1) the effective date of certification of a
land use plan pursuant to Chapter 6 (commencing with Section 30500)
or (2) the effective date of this section, whichever occurs last.
This delegation shall only apply with respect to those areas governed
by the certified land use plan or a certified portion thereof,
applicable to an identifiable geographic area.
(c) Notwithstanding any other provision of this division, after
delegation of authority to issue coastal development permits pursuant
to subdivision (b), a coastal development permit shall be issued by
the respective local government or the commission on appeal, if that
local government or the commission on appeal finds that the proposed
development is in conformity with the certified land use plan.
(d) Any action taken by a local government on a coastal
development permit application pursuant to the provisions of this
section may be appealed to the commission pursuant to Section 30602.
The commission shall hear an appeal brought pursuant to the
provisions of this section, unless it determines that the local
government action taken raises no substantial issue as to conformity
with the certified land use plan. For purposes of this subdivision,
failure by any local government to act within any time limit
specified in this division shall constitute an "action taken."
(e) The commission shall, following a public hearing and within 90
days after the effective date of this section, adopt minimum
standards for public notice, hearing, and appeal procedures to govern
local government review of coastal development permit applications
pursuant to this section. The standards shall, as nearly as
practical, follow the standards required for local agencies after
certification of local coastal programs for appealable developments
and shall ensure that the notice and hearing required for the coastal
development permit can be provided at the same time as the notice
and hearing requirements for other local land use decisions which may
be necessary for the project requiring the permit. Within 60 days
prior to assumption of authority for issuance of coastal development
permits pursuant to this section, the local government shall provide
drafts of all procedures for issuance of coastal development permits
to the executive director of the commission. Delegation of the
authority to issue coastal development permits pursuant to
subdivision (b) shall not occur until the local government has
provided copies of all the adopted procedures for the issuance of
coastal development permits to the executive director of the
commission. Any amendments to the procedures shall also be furnished
to the executive director for his information.
(f) Prior to the delegation of authority to issue coastal
development permits as provided in subdivision (b), a local
government, after appropriate notice and hearing, shall adopt an
ordinance prescribing the procedures to be used in issuing such
coastal development permits. Each such ordinance shall incorporate at
least the minimum standards for public notice, hearings, and appeals
established by the commission pursuant to subdivision (e). In
addition, each such ordinance shall contain provisions which prohibit
the issuance of a coastal development permit for any development
which may conflict with the ordinances which are being prepared to
implement the certified land use plan.
(g) In order to expedite certification of complete local coastal
programs and the transfer of coastal development controls to local
government, the commission shall, on request from a local government,
prepare the ordinances necessary for that local government to
implement the coastal permit responsibilities of this division.
(h) The time limits set forth in subdivision (b) shall be
extended, by right, for not more than 90 days if a local government,
by resolution of its governing body, so requests.
(i) The provisions of this section and of any local ordinance
enacted pursuant thereto shall have no further force or effect or
application after that local government's local coastal program has
been certified and taken effect pursuant to the provisions of this
division.
(j) This section shall become inoperative and shall have no force
or effect on the date, if any, of a final judicial decision that its
provisions are inconsistent with the requirements of the federal
coastal act.
30600.6. (a) The Legislature finds that some new cost may be
incurred by local governments when the authority to issue coastal
development permits is delegated to these local governments as
provided in Section 30600.5. It is the intent of the Legislature that
during the period prior to certification of a local government's
local coastal program these new costs shall be funded as provided in
this section.
(b) If a local government has been delegated authority to issue
coastal development permits as provided in Section 30600.5, any new
costs incurred by reason thereof shall be recovered from fees charged
to individual permit applicants. Such fees shall cover only those
costs which meet all of the following criteria:
(1) The costs are attributable to the actual issuance of coastal
development permits, including a pro rata share of general
administrative costs.
(2) The costs would not have been incurred except for the
delegation of authority to issue coastal development permits as
provided in Section 30600.5.
(3) The costs are of a type which would not normally be incurred
by the local government in carrying out its land use planning and
regulatory responsibilities pursuant to other provisions of law.
(c) A local government may elect not to levy fees as provided in
this section. If the local government does not levy such fees, it
shall not be eligible to be reimbursed for such costs pursuant to
other provisions of law.
(d) After certification of its local coastal program, each
respective local government shall be reimbursed for costs associated
with implementation of that local coastal program as provided in
Article 4 (commencing with Section 30350) of Chapter 4.
30600.7. Where, prior to delegation of coastal permit authority
pursuant to Section 30519, a modification of a refinery facility or
petrochemical facility is necessary to comply with a goal, policy, or
requirement of an air pollution control district, the State Air
Resources Board, or the Environmental Protection Agency to provide
for reformulated or alternative fuels, that modification shall
require a coastal development permit from the commission only,
notwithstanding the option afforded local governments under
subdivision (b) of Section 30600.
30601. Prior to certification of the local coastal program and,
where applicable, in addition to a permit from local government
pursuant to subdivision (b) or (d) of Section 30600, a coastal
development permit shall be obtained from the commission for any of
the following:
(1) Developments between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any
beach or of the mean high tide line of the sea where there is no
beach, whichever is the greater distance.
(2) Developments not included within paragraph (1) located on
tidelands, submerged lands, public trust lands, within 100 feet of
any wetland, estuary, stream, or within 300 feet of the top of the
seaward face of any coastal bluff.
(3) Any development which constitutes a major public works project
or a major energy facility.
30601.3. (a) Notwithstanding Section 30519, the commission may
process and act upon a consolidated coastal development permit
application if both of the following criteria are satisfied:
(1) A proposed project requires a coastal development permit from
both a local government with a certified local coastal program and
the commission.
(2) The applicant, the appropriate local government, and the
commission, which may agree through its executive director, consent
to consolidate the permit action, provided that public participation
is not substantially impaired by that review consolidation.
(b) The standard of review for a consolidated coastal development
permit application submitted pursuant to subdivision (a) shall follow
Chapter 3 (commencing with Section 30200), with the appropriate
local coastal program used as guidance.
(c) The application fee for a consolidated coastal development
permit shall be determined by reference to the commission's permit
fee schedule.
(d) To implement this section, the commission may adopt
guidelines, in the same manner as interpretive guidelines adopted
pursuant to paragraph (3) of subdivision (a) of Section 30620.
30601.5. Where the applicant for a coastal development permit is
not the owner of a fee interest in the property on which a proposed
development is to be located, but can demonstrate a legal right,
interest, or other entitlement to use the property for the proposed
development, the commission shall not require the holder or owner of
any superior interest in the property to join the applicant as
coapplicant. All holders or owners of any other interests of record
in the affected property shall be notified in writing of the permit
application and invited to join as coapplicant. In addition, prior to
the issuance of a coastal development permit, the applicant shall
demonstrate the authority to comply with all conditions of approval.
30602. Prior to certification of its local coastal program, any
action taken by a local government on a coastal development permit
application may be appealed by the executive director of the
commission, any person, including the applicant, or any two members
of the commission to the commission. The action shall become final at
the close of business on the 20th working day from the date of
receipt of the notice required by subdivision (c) of Section 30620.5,
unless an appeal is submitted within that time. Regardless of
whether an appeal is submitted, the local government's action shall
become final if an appeal fee is imposed pursuant to subdivision (d)
of Section 30620 and is not deposited with the commission within the
time prescribed.
30603. (a) After certification of its local coastal program, an
action taken by a local government on a coastal development permit
application may be appealed to the commission for only the following
types of developments:
(1) Developments approved by the local government between the sea
and the first public road paralleling the sea or within 300 feet of
the inland extent of any beach or of the mean high tideline of the
sea where there is no beach, whichever is the greater distance.
(2) Developments approved by the local government not included
within paragraph (1) that are located on tidelands, submerged lands,
public trust lands, within 100 feet of any wetland, estuary, or
stream, or within 300 feet of the top of the seaward face of any
coastal bluff.
(3) Developments approved by the local government not included
within paragraph (1) or (2) that are located in a sensitive coastal
resource area.
(4) Any development approved by a coastal county that is not
designated as the principal permitted use under the zoning ordinance
or zoning district map approved pursuant to Chapter 6 (commencing
with Section 30500).
(5) Any development which constitutes a major public works project
or a major energy facility.
(b) (1) The grounds for an appeal pursuant to subdivision (a)
shall be limited to an allegation that the development does not
conform to the standards set forth in the certified local coastal
program or the public access policies set forth in this division.
(2) The grounds for an appeal of a denial of a permit pursuant to
paragraph (5) of subdivision (a) shall be limited to an allegation
that the development conforms to the standards set forth in the
certified local coastal program and the public access policies set
forth in this division.
(c) Any action described in subdivision (a) shall become final at
the close of business on the 10th working day from the date of
receipt by the commission of the notice of the local government's
final action, unless an appeal is submitted within that time.
Regardless of whether an appeal is submitted, the local government's
action shall become final if an appeal fee is imposed pursuant to
subdivision (d) of Section 30620 and is not deposited with the
commission within the time prescribed.
(d) A local government taking an action on a coastal development
permit shall send notification of its final action to the commission
by certified mail within seven calendar days from the date of taking
the action.
30603.1. (a) In any city and county which so requests, the
commission may adjust the inland boundary of the area within which
the issuance of coastal development permits may be appealed to the
commission pursuant to paragraph (1) of subdivision (a) of Section
30603. Any such adjustment shall be made solely to avoid the
circumstance of having the boundary of that area bisect an individual
parcel of property. The adjustment may be made landward or seaward,
but shall be the minimum distance necessary, consistent with the
policies of Chapter 3 (commencing with Section 30200), to avoid
bisecting a parcel of property.
(b) If the commission subsequently finds that the circumstances
which warranted a boundary adjustment pursuant to subdivision (a)
have changed, it may, after notice to the city and county, readjust
the boundary so that it is consistent with the changed circumstances.
The requirements of subdivision (a) shall apply to any such boundary
adjustment.
30604. (a) Prior to certification of the local coastal program, a
coastal development permit shall be issued if the issuing agency, or
the commission on appeal, finds that the proposed development is in
conformity with Chapter 3 (commencing with Section 30200) and that
the permitted development will not prejudice the ability of the local
government to prepare a local coastal program that is in conformity
with Chapter 3 (commencing with Section 30200). A denial of a coastal
development permit on grounds it would prejudice the ability of the
local government to prepare a local coastal program that is in
conformity with Chapter 3 (commencing with Section 30200) shall be
accompanied by a specific finding that sets forth the basis for that
conclusion.
(b) After certification of the local coastal program, a coastal
development permit shall be issued if the issuing agency or the
commission on appeal finds that the proposed development is in
conformity with the certified local coastal program.
(c) Every coastal development permit issued for any development
between the nearest public road and the sea or the shoreline of any
body of water located within the coastal zone shall include a
specific finding that the development is in conformity with the
public access and public recreation policies of Chapter 3 (commencing
with Section 30200).
(d) No development or any portion thereof that is outside the
coastal zone shall be subject to the coastal development permit
requirements of this division, nor shall anything in this division
authorize the denial of a coastal development permit by the
commission on the grounds the proposed development within the coastal
zone will have an adverse environmental effect outside the coastal
zone.
(e) No coastal development permit may be denied under this
division on the grounds that a public agency is planning or
contemplating to acquire the property on, or property adjacent to the
property on, which the proposed development is to be located, unless
the public agency has been specifically authorized to acquire the
property and there are funds available, or funds that could
reasonably be expected to be made available within one year, for the
acquisition. If a permit has been denied for that reason and the
property has not been acquired by a public agency within a reasonable
period of time, a permit may not be denied for the development on
grounds that the property, or adjacent property, is to be acquired by
a public agency when the application for such a development is
resubmitted.
(f) The commission shall encourage housing opportunities for
persons of low and moderate income. In reviewing residential
development applications for low- and moderate-income housing, as
defined in paragraph (3) of subdivision (h) of Section 65589.5 of the
Government Code, the issuing agency or the commission, on appeal,
may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the
permitted density or range of density established by local zoning
plus the additional density permitted under Section 65915 of the
Government Code, unless the issuing agency or the commission on
appeal makes a finding, based on substantial evidence in the record,
that the density sought by the applicant cannot feasibly be
accommodated on the site in a manner that is in conformity with
Chapter 3 (commencing with Section 30200) or the certified local
coastal program.
(g) The Legislature finds and declares that it is important for
the commission to encourage the protection of existing and the
provision of new affordable housing opportunities for persons of low
and moderate income in the coastal zone.
30605. To promote greater efficiency for the planning of any public
works or state university or college or private university
development projects and as an alternative to project-by-project
review, plans for public works or state university or college or
private university long-range land use development plans may be
submitted to the commission for review in the same manner prescribed
for the review of local coastal programs as set forth in Chapter 6
(commencing with Section 30500). If any plan for public works or
state university or college development project is submitted prior to
certification of the local coastal programs for the jurisdictions
affected by the proposed public works, the commission shall certify
whether the proposed plan is consistent with Chapter 3 (commencing
with Section 30200). The commission shall, by regulation, provide for
the submission and distribution to the public, prior to public
hearings on the plan, detailed environmental information sufficient
to enable the commission to determine the consistency of the plans
with the policies of this division. If any such plan for public works
is submitted after the certification of local coastal programs, any
such plan shall be approved by the commission only if it finds, after
full consultation with the affected local governments, that the
proposed plan for public works is in conformity with certified local
coastal programs in jurisdictions affected by the proposed public
works. Each state university or college or private university shall
coordinate and consult with local government in the preparation of
long-range development plans so as to be consistent, to the fullest
extent feasible, with the appropriate local coastal program. Where a
plan for a public works or state university or college or private
university development project has been certified by the commission,
any subsequent review by the commission of a specific project
contained in the certified plan shall be limited to imposing
conditions consistent with Sections 30607 and 30607.1. A certified
long-range development plan may be amended by the state university or
college or private university, but no amendment shall take effect
until it has been certified by the commission. Any proposed amendment
shall be submitted to, and processed by, the commission in the same
manner as prescribed for amendment of a local coastal program.
30606. Prior to the commencement of any development pursuant to
Section 30605, the public agency proposing the public works project,
or state university or college or private university, shall notify
the commission and other interested persons, organizations, and
governmental agencies of the impending development and provide data
to show that it is consistent with the certified public works plan or
long-range development plan. No development shall take place within
30 working days after the notice.
30607. Any permit that is issued or any development or action
approved on appeal, pursuant to this chapter, shall be subject to
reasonable terms and conditions in order to ensure that such
development or action will be in accordance with the provisions of
this division.
30607.1. Where any dike and fill development is permitted in
wetlands in conformity with Section 30233 or other applicable
policies set forth in this division, mitigation measures shall
include, at a minimum, either acquisition of equivalent areas of
equal or greater biological productivity or opening up equivalent
areas to tidal action; provided, however, that if no appropriate
restoration site is available, an in-lieu fee sufficient to provide
an area of equivalent productive value or surface areas shall be
dedicated to an appropriate public agency, or the replacement site
shall be purchased before the dike or fill development may proceed.
The mitigation measures shall not be required for temporary or
short-term fill or diking if a bond or other evidence of financial
responsibility is provided to assure that restoration will be
accomplished in the shortest feasible time.
30607.2. (a) Conditions requiring housing for persons and families
of low or moderate income, as defined in Section 50093 of the Health
and Safety Code, which were incorporated into a coastal development
permit issued prior to January 1, 1982, may, at the request of the
permittee, be amended or modified by the commission or by a local
government having the authority to issue coastal development permits.
In approving those amendments or modifications, only those
conditions and requirements authorized by Section 65590 of the
Government Code may be imposed on the permittee.
(b) Any person who, prior to January 1, 1982, has been issued a
coastal development permit which contains requirements for low- and
moderate-income housing but who, prior to January 1, 1982, has not
performed substantial work on the development site (such as grading,
installation of streets, sewers, or utilities, or construction of
major buildings) may elect to proceed under either of the following
options:
(1) To proceed pursuant to all of the requirements of the coastal
development permit, in which event the provisions of subdivision (a)
shall apply to any subsequent request to amend or alter the coastal
development permit in regard to housing requirements.
(2) To proceed without complying with the housing requirements
contained in the coastal development permit, in which event the
housing requirements for the development shall be governed by Section
65590 of the Government Code.
(c) No new coastal development permit or amendment to any
existing permit for a sewer project shall be denied, restricted, or
conditioned by the commission in order to implement housing policies
or programs.
(d) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions of any
previously issued coastal development permit which guarantees housing
opportunities for persons and families of low or moderate income
where the term or condition has been met through an agreement
executed and recorded on or before January 1, 1982, between an
applicant and the commission. For previously approved or issued
permits which involve new construction of less than 10 residential
units, an executed and recorded agreement guaranteeing housing
opportunities for persons or families of low or moderate income,
which has not been implemented by the transfer of an interest in real
property or payment of a fee to a public agency or nonprofit
association for the purpose of providing these housing opportunities,
shall be voided if the applicant records the notice provided by the
executive director of the commission. Further, nothing in this
section impairs the commission's authority to deny, restrict, or
condition new permits or amendments to existing permits based on any
requirement of this division.
(e) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions in Permit
#P-80-419 issued by the commission with respect to the reservation or
administration of sewer capacity for affordable housing in the San
Mateo County local coastal program.
30607.5. Within the City of San Diego, the commission shall not
impose or adopt any requirements in conflict with the provisions of
the plan for the protection of vernal pools approved and adopted by
the City of San Diego on June 17, 1980, following consultation with
state and federal agencies, and approved and adopted by the United
States Army Corps of Engineers in coordination with the United States
Fish and Wildlife Service.
30607.7. (a) A coastal development permit for sand replenishment
requires the project applicant to provide onsite monitoring and
supervision during the implementation of the permit.
(b) A permit subject to subdivision (a) may not be issued until
the project applicant provides the issuing agency with a plan for
onsite monitoring and supervision during the implementation of the
permit.
30608. No person who has obtained a vested right in a development
prior to the effective date of this division or who has obtained a
permit from the California Coastal Zone Conservation Commission
pursuant to the California Coastal Zone Conservation Act of 1972
(former Division 18 (commencing with Section 27000)) shall be
required to secure approval for the development pursuant to this
division. However, no substantial change may be made in the
development without prior approval having been obtained under this
division.
30609. Where, prior to January 1, 1977, a permit was issued and
expressly made subject to recorded terms and conditions that are not
dedications of land or interests in land for the benefit of the
public or a public agency pursuant to the California Coastal Zone
Conservation Act of 1972 (commencing with Section 27000), the owner
of real property which is the subject of such permit may apply for
modification or elimination of the recordation of such terms and
conditions pursuant to the provisions of this division. Such
application shall be made in the same manner as a permit application.
In no event, however, shall such a modification or elimination of
recordation result in the imposition of terms or conditions which are
more restrictive than those imposed at the time of the initial grant
of the permit. Unless modified or deleted pursuant to this section,
any condition imposed on a permit issued pursuant to the former
California Coastal Zone Conservation Act of 1972 (commencing with
Section 27000) shall remain in full force and effect.
30609.5. (a) Except as provided in subdivisions (b) and (c), no
state land that is located between the first public road and the sea,
with an existing or potential public accessway to or from the sea,
or that the commission has formally designated as part of the
California Coastal Trail, shall be transferred or sold by the state
to any private entity unless the state retains a permanent property
interest in the land adequate to provide public access to or along
the sea. In any transfer or sale of real property by a state agency
to a private entity or person pursuant to this section, the
instrument of conveyance created by the state shall require that the
private entity or person or the entity or person's successors or
assigns manage the property in such a way as to ensure that existing
or potential public access is not diminished. The instrument of
conveyance shall further require that any violation of this
management requirement shall result in the reversion of the real
property to the state.
(b) This section shall not apply to the transfer of state land to
a nonprofit organization that exists for the purposes of preserving
lands for public use and enjoyment and meets the requirements of
subdivision (b) of Section 831.5 of the Government Code.
(c) Notwithstanding the provisions of subdivision (a), state lands
between the first public road and the sea, that are under the
possession and control of the Department of Parks and Recreation or
the State Coastal Conservancy, may be transferred or sold if the
department or the conservancy makes one or more of the following
findings at a noticed public hearing relating to the transfer or sale
of the property:
(1) The state has retained or will retain, as a condition of the
transfer or sale, permanent property interests on the land providing
public access to or along the sea.
(2) Equivalent or greater public access to the same beach or
shoreline area is provided for than would be feasible if the land
were to remain in state ownership.
(3) The land to be transferred or sold is an environmentally
sensitive area with natural resources that would be adversely
impacted by public use, and the state will retain permanent property
interests in the land that may be necessary to protect, or otherwise
provide for the permanent protection of, those resources prior to or
as a condition of the transfer or sale.
(4) The land to be transferred or sold has neither existing nor
potential public accessway to the sea.
(d) Nothing in this section shall be construed to interfere with
the management responsibilities of state resource agencies,
including, but not limited to, the responsibilities to ensure public
safety and implement the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game
Code).
(e) As used in this section, "state land" means any real property
in which the state or any state agency has an ownership interest
including, but not limited to, a fee, title, easement, deed
restriction, or other interest in land. It does not include land in
which a city, county, city and county, or district has an ownership
interest.
(f) Nothing in this section is intended to restrict a private
property owner's right to sell or transfer private property.
30610. Notwithstanding any other provision of this division, no
coastal development permit shall be required pursuant to this chapter
for the following types of development and in the following areas:
(a) Improvements to existing single-family residences; provided,
however, that the commission shall specify, by regulation, those
classes of development which involve a risk of adverse environmental
effect and shall require that a coastal development permit be
obtained pursuant to this chapter.
(b) Improvements to any structure other than a single-family
residence or a public works facility; provided, however, that the
commission shall specify, by regulation, those types of improvements
which (1) involve a risk of adverse environmental effect, (2)
adversely affect public access, or (3) involve a change in use
contrary to any policy of this division. Any improvement so specified
by the commission shall require a coastal development permit.
(c) Maintenance dredging of existing navigation channels or moving
dredged material from those channels to a disposal area outside the
coastal zone, pursuant to a permit from the United States Army Corps
of Engineers.
(d) Repair or maintenance activities that do not result in an
addition to, or enlargement or expansion of, the object of those
repair or maintenance activities; provided, however, that if the
commission determines that certain extraordinary methods of repair
and maintenance involve a risk of substantial adverse environmental
impact, it shall, by regulation, require that a permit be obtained
pursuant to this chapter.
(e) Any category of development, or any category of development
within a specifically defined geographic area, that the commission,
after public hearing, and by two-thirds vote of its appointed
members, has described or identified and with respect to which the
commission has found that there is no potential for any significant
adverse effect, either individually or cumulatively, on coastal
resources or on public access to, or along, the coast and, where the
exclusion precedes certification of the applicable local coastal
program, that the exclusion will not impair the ability of local
government to prepare a local coastal program.
(f) The installation, testing, and placement in service or the
replacement of any necessary utility connection between an existing
service facility and any development approved pursuant to this
division; provided, however, that the commission may, where
necessary, require reasonable conditions to mitigate any adverse
impacts on coastal resources, including scenic resources.
(g) (1) The replacement of any structure, other than a public
works facility, destroyed by a disaster. The replacement structure
shall conform to applicable existing zoning requirements, shall be
for the same use as the destroyed structure, shall not exceed either
the floor area, height, or bulk of the destroyed structure by more
than 10 percent, and shall be sited in the same location on the
affected property as the destroyed structure.
(2) As used in this subdivision:
(A) "Disaster" means any situation in which the force or forces
which destroyed the structure to be replaced were beyond the control
of its owner.
(B) "Bulk" means total interior cubic volume as measured from the
exterior surface of the structure.
(C) "Structure" includes landscaping and any erosion control
structure or device which is similar to that which existed prior to
the occurrence of the disaster.
(h) Any activity anywhere in the coastal zone that involves the
conversion of any existing multiple-unit residential structure to a
time-share project, estate, or use, as defined in Section 11212 of
the Business and Professions Code. If any improvement to an existing
structure is otherwise exempt from the permit requirements of this
division, no coastal development permit shall be required for that
improvement on the basis that it is to be made in connection with any
conversion exempt pursuant to this subdivision. The division of a
multiple-unit residential structure into condominiums, as defined in
Section 783 of the Civil Code, shall not be considered a time-share
project, estate, or use for purposes of this subdivision.
(i) (1) Any proposed development which the executive director
finds to be a temporary event which does not have any significant
adverse impact upon coastal resources within the meaning of
guidelines adopted pursuant to this subdivision by the commission.
The commission shall, after public hearing, adopt guidelines to
implement this subdivision to assist local governments and persons
planning temporary events in complying with this division by
specifying the standards which the executive director shall use in
determining whether a temporary event is excluded from permit
requirements pursuant to this subdivision. The guidelines adopted
pursuant to this subdivision shall be exempt from the review of the
Office of Administrative Law and from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
(2) Exclusion or waiver from the coastal development permit
requirements of this division pursuant to this subdivision does not
diminish, waive, or otherwise prevent the commission from asserting
and exercising its coastal development permit jurisdiction over any
temporary event at any time if the commission determines that the
exercise of its jurisdiction is necessary to implement the coastal
resource protection policies of Chapter 3 (commencing with Section
30200).
30610.1. (a) Prior to certification of the applicable local coastal
program, no coastal development permit shall be required for the
construction of a single-family residence on any vacant lot meeting
the criteria set forth in subdivision (c) and located in a specified
area designated by the commission pursuant to subdivision (b).
(b) Within 60 days from the effective date of this section, the
commission shall designate specific areas in the coastal zone where
the construction of a single-family residence on a vacant lot meeting
the criteria set forth in subdivision (c) shall not require a
coastal development permit. Areas shall be designated for the
exclusion provided for in this section if construction of
single-family residences within the area to be designated has no
potential, either individually or cumulatively, for significant
adverse impacts on highly scenic resources of public importance, on
environmentally sensitive areas, on prime agricultural land or on
agricultural lands currently in production, or on public access to or
along the coast.
In addition, if septic tanks will be required or used, an area
identified as having septic tank problems by the appropriate regional
water quality control board or the State Water Resources Control
Board in an approved basin plan or by other formal action of such
board may not be designated for exclusion pursuant to this section.
(c) Within areas designated pursuant to subdivision (b), no
coastal development permit shall be required for the construction of
a single-family residence on any vacant lot which meets all of the
following criteria:
(1) Is not located between the first public road and the sea or
immediately adjacent to the inland extent of any beach or of the mean
high tide line where there is no beach.
(2) Is a legal lot as of the effective date of this section and
conforms with the minimum lot size and lot use designations of the
applicable general plan and zoning ordinances.
(3) Is not located within an area known to the affected local
government, or designated by any other public agency, as a geologic
hazard area or as a flood hazard area, or, if located within such an
area, it has been determined by the affected local government to be a
safe site for the construction of a single-family residence.
(4) Is no more than 250 feet from an existing improved road
adequate for use throughout the year.
(5) Can be served by an adequate water supply that is legally
available for use either by means of a well or by means of a
connection to a water system with sufficient capacity to serve such
lot or lots; provided, that no such connection shall require the
extension of an existing water main which would have the capacity of
serving four or more additional single-family residential structures.
(d) The commission shall, within 120 days from the effective date
of this section, specify uniform criteria that shall be used to
determine the location of "the first public road" and the inland
extent of any beach for purposes of paragraph (1) of subdivision (c).
(e) Within 30 days after the 120-day period specified in
subdivision (b), the commission shall report to the Legislature and
the Governor what has been done to carry out the provisions of this
section.
(f) The provisions of this section shall apply notwithstanding any
other provision of this division to the contrary.
30610.2. (a) Any person wishing to construct a single-family
residence on a vacant lot within an area designated by the commission
pursuant to subdivision (b) of Section 30610.1 shall, prior to the
commencement of construction, secure from the local government with
jurisdiction over the lot in question a written certification or
determination that the lot meets the criteria specified in
subdivision (c) of Section 30610.1 and is therefore exempt from the
coastal development permit requirements of this division. A copy of
every certification of exemption shall be sent by the issuing local
government to the commission within five working days after it is
issued.
(b) If the commission does not designate the areas within the
coastal zone as required by subdivision (b) of Section 30610.1 within
the 60 days specified therein, a local government may make the
certification authorized by subdivision (a) of this section without
regard to the requirements of subdivision (b) of Section 30610.1.
30610.3. (a) Whenever the commission determines (1) that public
access opportunities through an existing subdivided area, which has
less than 75 percent of the subdivided lots built upon, or an area
proposed to be subdivided are not adequate to meet the public access
requirements of this division and (2) that individual owners of
vacant lots in those areas do not have the legal authority to comply
with public access requirements as a condition of securing a coastal
development permit for the reason that some other person or persons
has legal authority, the commission shall implement public access
requirements as provided in this section.
(b) The commission, on its own motion or at the request of an
affected property owner, shall identify an area as meeting the
criteria specified in subdivision (a). After an area has been
identified, the commission shall, after appropriate public hearings
adopt a specific public access program for the area and shall request
that the State Coastal Conservancy, established pursuant to Division
21 (commencing with Section 31000), implement the program. The
access program shall include, but not be limited to, the
identification of specific land areas and view corridors to be used
for public access, any facilities or other development deemed
appropriate, the commission's recommendations regarding the manner in
which public access will be managed, and the types of permitted
public uses. The State Coastal Conservancy shall, pursuant to its
authority, implement the public access program.
(c) The State Coastal Conservancy shall be authorized to expend
funds when appropriated from the Coastal Access Account for the
purchase of lands and view easements and to pay for any development
needed to carry out the public access program specified in
subdivision (a). Not more than 5 percent of the amount of funds
necessary to carry out each public access program may be provided as
a grant to the State Coastal Conservancy for its administrative costs
incurred in carrying out the access program.
(d) The State Coastal Conservancy may enter into any agreement it
deems necessary and appropriate with any state or local public agency
or with a private association authorized to perform those functions
for the operation and maintenance of any access facilities acquired
or developed pursuant to this section.
(e) Every person receiving a coastal development permit or a
certificate of exemption for development on any vacant lot within an
area designated pursuant to this section shall, prior to the
commencement of construction, pay to the commission, for deposit in
the Coastal Access Account, an "in-lieu" public access fee. The
amount of each fee shall be determined by dividing the cost of
acquiring the specified lands and view easements by the total number
of lots within the identified area. The proportion of the acquisition
cost that can be allocated to lots built upon pursuant to permits
that were not subject to public access conditions under this division
or the California Coastal Zone Conservation Act of 1972 (former
Division 18 (commencing with Section 27000)) shall be paid from the
Coastal Access Account. An "in-lieu" public access fee may be in the
form of an appropriate dedication, in which event the lots to which
the dedication can be credited shall not be counted toward the total
number of lots used in arriving at the "in-lieu" public access fee
share for each remaining lot.
(f) For purposes of determining the acquisition costs specified in
subdivision (e), the State Coastal Conservancy may, in the absence
of a fixed price agreed to by both the State Coastal Conservancy and
the seller, specify an estimated cost based on a formal appraisal of
the value of the interest proposed to be acquired. The appraisal
shall be conducted by an independent appraiser under contract with
the State Coastal Conservancy and shall be completed within 120 days
of the adoption of the specific public access program by the
commission pursuant to subdivision (b). The appraisal shall be deemed
suitable for all purposes of the Property Acquisition Law (Part 11
(commencing with Section 15850 of the Government Code)). For every
year following public acquisition of the interests in land specified
as part of a public access program and prior to payment of the
required "in-lieu" fee, a carrying cost factor equal to 5 percent of
the share attributable to each lot shall be added to any unpaid
"in-lieu" public access fee, provided, however, that a lot owner may
pay the "in-lieu" public access fee at any time after public
acquisition in order to avoid payment of the carrying cost factor.
(g) No provision of this section may be applied within any portion
of the unincorporated area in the County of Sonoma, commonly known
as the Sea Ranch.
30610.4. (a) Upon establishment of an acquisition cost pursuant to
subdivision (f) of Section 30610.3, the commission shall review the
area in question to determine if all or some portion of that area
meets the criteria specified in subdivision (b) of Section 30610.1
for areas within which no coastal development permit will be required
from the commission for construction of single-family residences.
Notwithstanding paragraph (1) of subdivision (c) of Section 30610.1,
lots, other than those immediately adjacent to any beach or to the
mean high tide line where there is no beach, can be included in this
exclusion area. If the commission determines an area designated
pursuant to subdivision (b) of Section 30610.3 meets that criteria,
the area shall be designated as one wherein no coastal development
permit from the commission shall be required for the construction of
single-family residences.
(b) Prior to the commencement of construction of any single-family
residence within an area designated pursuant to this section, a
certificate of exemption must be obtained pursuant to Section 30610.2
and the appropriate "in-lieu" public access fee shall be paid.
30610.5. Urban land areas shall, pursuant to the provisions of this
section, be excluded from the permit provisions of this chapter.
(a) Upon the request of a local government, an urban land area, as
specifically identified by such local government, shall, after
public hearing, be excluded by the commission from the permit
provisions of this chapter where both of the following conditions are
met:
(1) The area to be excluded is either a residential area zoned and
developed to a density of four or more dwelling units per acre on or
before January 1, 1977, or a commercial or industrial area zoned and
developed for such use on or before January 1, 1977.
(2) The commission finds both of the following:
(i) Locally permitted development will be infilling or replacement
and will be in conformity with the scale, size, and character of the
surrounding community.
(ii) There is no potential for significant adverse effects, either
individually or cumulatively, on public access to the coast or on
coastal resources from any locally permitted development; provided,
however, that no area may be excluded unless more than 50 percent of
the lots are built upon, to the same general density or intensity of
use.
(b) Every exclusion granted under subdivision (a) of this section
and subdivision (e) of Section 30610 shall be subject to terms and
conditions to assure that no significant change in density, height,
or nature of uses will occur without further proceedings under this
division, and an order granting an exclusion under subdivision (e) of
Section 30610, but not under subdivision (a) of this section may be
revoked at any time by the commission, if the conditions of exclusion
are violated. Tide and submerged land, beaches, and lots immediately
adjacent to the inland extent of any beach, or of the mean high tide
line of the sea where there is no beach, and all lands and waters
subject to the public trust shall not be excluded under either
subdivision (a) of this section or subdivision (e) of Section 30610.
30610.6. (a) The Legislature hereby finds and declares that it is
in the public interest to provide by statute for the resolution of
the lengthy and bitter dispute involving development of existing
legal lots within the unincorporated area of Sonoma County, commonly
known as the Sea Ranch. The reasons for the need to finally resolve
this dispute include the following:
(1) Acknowledgment by the responsible regulatory agencies that
development of existing lots at Sea Ranch can proceed consistent with
the provisions of this division and other applicable laws provided
certain conditions have been met. Development has been prevented at
considerable costs to property owners because these conditions have
not been met.
(2) That it has been, and continues to be, costly to Sea Ranch
property owners and the public because of, among other reasons,
extensive and protracted litigation, continuing administrative
proceedings, and escalating construction costs.
(3) The need to provide additional public access to and along
portions of the coast at the Sea Ranch in order to meet the
requirements of this division. The continuation of this dispute
prevents the public from enjoying the use of those access
opportunities.
(4) The commission is unable to refund 118 "environmental deposits"
to property owners because coastal development permit conditions
have not been met.
(5) It appears likely that this lengthy dispute will continue
unless the Legislature provides a solution, and the failure to
resolve the dispute will be unfair to property owners and the public.
(b) The Legislature further finds and declares that because of the
unique circumstances of this situation, the provisions of this
section constitute the most expeditious and equitable mechanism to
ensure a timely solution that is in the best interest of property
owners and that is consistent with this division.
(c) If the Sea Ranch Association and Oceanic California, Inc.
desire to take advantage of the terms of this section, they shall,
not sooner than April 1, 1981, and not later than July 1, 1981,
deposit into escrow deeds and other necessary documents that have
been determined by the State Coastal Conservancy prior to their
deposit in escrow to be legally sufficient to convey to the State
Coastal Conservancy enforceable and nonexclusive public use easements
free and clear of liens and encumbrances for the easements
specifically described in this subdivision. Upon deposit of five
hundred thousand dollars ($500,000) into the same escrow account by
the State Coastal Conservancy, but in no event later than 30 days
after the deeds and other necessary documents have been deposited in
the escrow account, the escrow agent shall transmit the five hundred
thousand dollars ($500,000), less the escrow, title, and
administrative costs of the State Coastal Conservancy, in an amount
not to exceed twenty thousand dollars ($20,000), to the Sea Ranch
Association and shall convey the deeds and other necessary documents
to the State Coastal Conservancy. The conservancy shall subsequently
convey the deeds and other necessary documents to an appropriate
public agency that is authorized and agrees to accept the easements.
The deeds specified in this subdivision shall be for the following
easements:
(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access
easement from a point on State Highway 1, 50 feet north of mile post
marker 56.75, a day parking area for 10 vehicles, a 15-foot wide
pedestrian accessway from the parking area continuing west to the
bluff-top trail, and a 15-foot wide bluff-top pedestrian easement
beginning at the southern boundary of Gualala Point County Park and
continuing for approximately three miles in a southerly direction to
the sandy beach at the northern end of Unit 28 just north of Walk-on
Beach together with a 15-foot wide pedestrian easement to provide a
connection to Walk-on Beach to the south.
(2) In Unit 24, a day parking area west of State Highway 1, just
south of Whalebone Reach, for six vehicles, and a 15-foot wide
pedestrian accessway over Sea Ranch Association common areas crossing
Pacific Reach and continuing westerly to the southern portion of
Shell Beach with a 15-foot wide pedestrian easement to connect with
the northern portion of Shell Beach.
(3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 53.96, a day parking area for
10 vehicles, and a 15-foot wide pedestrian accessway from the parking
area to the beach at the intersection of Units 21 and 36.
(4) In Unit 17, adjacent to the intersection of Navigator's Reach
and State Highway 1, 75 feet north of mile post marker 52.21, enough
land to provide day parking for four vehicles and a 15-foot wide
pedestrian accessway from the parking area to Pebble Beach.
(5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 50.85, a day parking area for
10 vehicles and a 15-foot wide pedestrian accessway from the parking
area to Black Point Beach.
(6) With respect to each of the beaches to which access will be
provided by the easements specified in this subdivision, an easement
for public use of the area between the line of mean high tide and
either the toe of the adjacent bluff or the first line of vegetation,
whichever is nearer to the water.
(7) Scenic view easements for those areas specified by the
executive director, as provided in subdivision (d), and which
easements allow for the removal of trees in order to restore and
preserve scenic views from State Highway 1.
(d) The executive director of the commission shall, within 30 days
after the effective date of this section, specifically identify the
areas along State Highway 1 for which the scenic view easements
provided for in paragraph (7) of subdivision (c) will be required. In
identifying the areas for which easements for the restoration and
preservation of public scenic views will be required, the executive
director shall take into account the effect of tree removal so as to
avoid causing erosion problems. It is the intent of the Legislature
that only those areas be identified where scenic views to or along
the coast are unique or particularly beautiful or spectacular and
which thereby take on public importance. The restoration and
preservation of the scenic view areas specified pursuant to this
subdivision shall be at public expense.
(e) Within 30 days after the effective date of this section, the
executive director of the commission shall specify design criteria
for the height, site, and bulk of any development visible from the
scenic view areas provided for in subdivision (d). This criteria
shall be enforced by the County of Sonoma if the deeds and other
necessary documents specified in subdivision (c) have been conveyed
to the State Coastal Conservancy. This criteria shall be reasonable
so as to enable affected property owners to build single-family
residences of substantially similar overall size to those that
property owners who are not affected by these criteria may build or
have already built under the Sea Ranch Association's building design
criteria. The purpose of the criteria is to ensure that development
will not substantially detract from the specified scenic view areas.
(f) On and after the date on which the deeds and other necessary
documents deposited in escrow pursuant to subdivision (c) have been
conveyed to the State Coastal Conservancy, no additional public
access requirements shall be imposed at the Sea Ranch pursuant to
this division by any regional commission, the commission, any other
state agency, or any local government. The Legislature hereby finds
and declares that the provision of the access facilities specified in
this subdivision shall be deemed adequate to meet the requirements
of this division.
(g) The realignment of internal roads within the Sea Ranch shall
not be required by any state or local agency acting pursuant to this
division. However, appropriate easements may be required by the
County of Sonoma to provide for the expansion of State Highway 1 for
the development of turnout and left-turn lanes and for the location
of a bicycle path, when the funds are made available for those
purposes. The Legislature finds and declares that this subdivision is
adequate to meet the requirements of this division to ensure that
new development at the Sea Ranch will not overburden the capacity of
State Highway 1 to the detriment of recreational users.
(h) No coastal development permit shall be required pursuant to
this division for the development of supplemental water supply
facilities determined by the State Water Resources Control Board to
be necessary to meet the needs of legally permitted development
within the Sea Ranch. The commission, through its executive director,
shall participate in the proceedings before the State Water
Resources Control Board relating to these facilities and may
recommend terms and conditions that the commission deems necessary to
protect against adverse impacts on coastal zone resources. The State
Water Resources Control Board shall condition any permit or other
authorization for the development of these facilities so as to carry
out the commission's recommendation, unless the State Water Resources
Control Board determines that the recommended terms or conditions
are unreasonable. This subdivision shall become operative if the
deeds and other necessary documents specified in subdivision (c) have
been conveyed to the State Coastal Conservancy.
(i) Within 90 days after the effective date of this section, the
commission, through its executive director, shall specify criteria
for septic tank construction, operation, and monitoring within the
Sea Ranch to ensure protection of coastal zone resources consistent
with the policies of this division. The North Coast Regional Water
Quality Control Board shall review the criteria and adopt it, unless
it finds the criteria or a portion thereof is unreasonable. The
regional board shall be responsible for the enforcement of the
adopted criteria if the deeds and other necessary documents specified
in subdivision (c) have been conveyed to the State Coastal
Conservancy.
(j) Within 60 days after the date on which the deeds and other
necessary documents deposited in e
30600. (a) Except as provided in subdivision (e), and in addition
to obtaining any other permit required by law from any local
government or from any state, regional, or local agency, any person,
as defined in Section 21066, wishing to perform or undertake any
development in the coastal zone, other than a facility subject to
Section 25500, shall obtain a coastal development permit.
(b) (1) Prior to certification of its local coastal program, a
local government may, with respect to any development within its area
of jurisdiction in the coastal zone and consistent with the
provisions of Sections 30604, 30620, and 30620.5, establish
procedures for the filing, processing, review, modification,
approval, or denial of a coastal development permit. Those procedures
may be incorporated and made a part of the procedures relating to
any other appropriate land use development permit issued by the local
government.
(2) A coastal development permit from a local government shall not
be required by this subdivision for any development on tidelands,
submerged lands, or on public trust lands, whether filled or
unfilled, or for any development by a public agency for which a local
government permit is not otherwise required.
(c) If prior to certification of its local coastal program, a
local government does not exercise the option provided in subdivision
(b), or a development is not subject to the requirements of
subdivision (b), a coastal development permit shall be obtained from
the commission or from a local government as provided in subdivision
(d).
(d) After certification of its local coastal program or pursuant
to the provisions of Section 30600.5, a coastal development permit
shall be obtained from the local government as provided for in
Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects,
except that notification by the agency or public utility performing
any of the following projects shall be made to the commission within
14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage. This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
30600.1. (a) In the event that an applicant for a coastal
development permit had, prior to January 1, 1982, received from the
appropriate local government final discretionary approval to proceed
with a proposed development, but had not been issued a coastal
development permit prior to that date, the provisions of subdivision
(b) or (c) shall apply to any requirements for housing for persons or
families of low or moderate income which may be applicable to the
proposed development.
(b) In the event that the commission has approved an application
for a coastal development permit, but the applicant has not complied
with conditions in regard to such housing which were imposed by the
commission as part of its approval, the applicant shall do either of
the following:
(1) Comply with the housing and other applicable conditions
imposed by the commission, in which event the coastal development
permit shall be issued and the provisions of Section 65590 of the
Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in
Section 65590.1 of the Government Code to have that local government
apply the requirements of Section 65590 of the Government Code to the
proposed development, in which event, no condition previously
imposed by the commission with respect to such housing shall be
applicable to the proposed development.
(c) In the event that application has not been acted upon prior to
January 1, 1982, the commission shall process the application as
otherwise required by this division, but shall not impose any
condition or requirement with respect to housing for persons or
families of low or moderate income on the proposed development. The
applicant shall apply to the appropriate local government as provided
in Section 65590.1 of the Government Code to have that local
government apply the requirements of Section 65590 of the Government
Code to the proposed development. The commission, at its discretion,
may defer action on this application until the local government has
acted to apply the requirements of Section 65590 of the Government
Code. The time limits otherwise applicable to commission action on
this application shall be stayed during any such period of deferral.
If however any such application is for a conversion of a residential
dwelling as defined in paragraph (1) of subdivision (g) of Section
65590 of the Government Code, the commission shall not defer
processing of such application but shall defer the final issuance of
a coastal development permit until the local government has applied
the requirements of Section 65590 of the Government Code.
30600.5. (a) Prior to the certification of a local coastal program
and notwithstanding the provisions of subdivision (a) of Section
30519, after the effective date of this section, the authority for
issuance of coastal development permits provided for in Chapter 7
(commencing with Section 30600) shall be delegated to local
governments pursuant to the provisions of this section.
(b) Except for any development specified in subdivision (b) of
Section 30519 and Section 30601 or with respect to any development
proposed by any state agency, the authority for issuance of coastal
development permits provided for in Chapter 7 (commencing with
Section 30600) shall be delegated to the respective local governments
within 120 days after (1) the effective date of certification of a
land use plan pursuant to Chapter 6 (commencing with Section 30500)
or (2) the effective date of this section, whichever occurs last.
This delegation shall only apply with respect to those areas governed
by the certified land use plan or a certified portion thereof,
applicable to an identifiable geographic area.
(c) Notwithstanding any other provision of this division, after
delegation of authority to issue coastal development permits pursuant
to subdivision (b), a coastal development permit shall be issued by
the respective local government or the commission on appeal, if that
local government or the commission on appeal finds that the proposed
development is in conformity with the certified land use plan.
(d) Any action taken by a local government on a coastal
development permit application pursuant to the provisions of this
section may be appealed to the commission pursuant to Section 30602.
The commission shall hear an appeal brought pursuant to the
provisions of this section, unless it determines that the local
government action taken raises no substantial issue as to conformity
with the certified land use plan. For purposes of this subdivision,
failure by any local government to act within any time limit
specified in this division shall constitute an "action taken."
(e) The commission shall, following a public hearing and within 90
days after the effective date of this section, adopt minimum
standards for public notice, hearing, and appeal procedures to govern
local government review of coastal development permit applications
pursuant to this section. The standards shall, as nearly as
practical, follow the standards required for local agencies after
certification of local coastal programs for appealable developments
and shall ensure that the notice and hearing required for the coastal
development permit can be provided at the same time as the notice
and hearing requirements for other local land use decisions which may
be necessary for the project requiring the permit. Within 60 days
prior to assumption of authority for issuance of coastal development
permits pursuant to this section, the local government shall provide
drafts of all procedures for issuance of coastal development permits
to the executive director of the commission. Delegation of the
authority to issue coastal development permits pursuant to
subdivision (b) shall not occur until the local government has
provided copies of all the adopted procedures for the issuance of
coastal development permits to the executive director of the
commission. Any amendments to the procedures shall also be furnished
to the executive director for his information.
(f) Prior to the delegation of authority to issue coastal
development permits as provided in subdivision (b), a local
government, after appropriate notice and hearing, shall adopt an
ordinance prescribing the procedures to be used in issuing such
coastal development permits. Each such ordinance shall incorporate at
least the minimum standards for public notice, hearings, and appeals
established by the commission pursuant to subdivision (e). In
addition, each such ordinance shall contain provisions which prohibit
the issuance of a coastal development permit for any development
which may conflict with the ordinances which are being prepared to
implement the certified land use plan.
(g) In order to expedite certification of complete local coastal
programs and the transfer of coastal development controls to local
government, the commission shall, on request from a local government,
prepare the ordinances necessary for that local government to
implement the coastal permit responsibilities of this division.
(h) The time limits set forth in subdivision (b) shall be
extended, by right, for not more than 90 days if a local government,
by resolution of its governing body, so requests.
(i) The provisions of this section and of any local ordinance
enacted pursuant thereto shall have no further force or effect or
application after that local government's local coastal program has
been certified and taken effect pursuant to the provisions of this
division.
(j) This section shall become inoperative and shall have no force
or effect on the date, if any, of a final judicial decision that its
provisions are inconsistent with the requirements of the federal
coastal act.
30600.6. (a) The Legislature finds that some new cost may be
incurred by local governments when the authority to issue coastal
development permits is delegated to these local governments as
provided in Section 30600.5. It is the intent of the Legislature that
during the period prior to certification of a local government's
local coastal program these new costs shall be funded as provided in
this section.
(b) If a local government has been delegated authority to issue
coastal development permits as provided in Section 30600.5, any new
costs incurred by reason thereof shall be recovered from fees charged
to individual permit applicants. Such fees shall cover only those
costs which meet all of the following criteria:
(1) The costs are attributable to the actual issuance of coastal
development permits, including a pro rata share of general
administrative costs.
(2) The costs would not have been incurred except for the
delegation of authority to issue coastal development permits as
provided in Section 30600.5.
(3) The costs are of a type which would not normally be incurred
by the local government in carrying out its land use planning and
regulatory responsibilities pursuant to other provisions of law.
(c) A local government may elect not to levy fees as provided in
this section. If the local government does not levy such fees, it
shall not be eligible to be reimbursed for such costs pursuant to
other provisions of law.
(d) After certification of its local coastal program, each
respective local government shall be reimbursed for costs associated
with implementation of that local coastal program as provided in
Article 4 (commencing with Section 30350) of Chapter 4.
30600.7. Where, prior to delegation of coastal permit authority
pursuant to Section 30519, a modification of a refinery facility or
petrochemical facility is necessary to comply with a goal, policy, or
requirement of an air pollution control district, the State Air
Resources Board, or the Environmental Protection Agency to provide
for reformulated or alternative fuels, that modification shall
require a coastal development permit from the commission only,
notwithstanding the option afforded local governments under
subdivision (b) of Section 30600.
30601. Prior to certification of the local coastal program and,
where applicable, in addition to a permit from local government
pursuant to subdivision (b) or (d) of Section 30600, a coastal
development permit shall be obtained from the commission for any of
the following:
(1) Developments between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any
beach or of the mean high tide line of the sea where there is no
beach, whichever is the greater distance.
(2) Developments not included within paragraph (1) located on
tidelands, submerged lands, public trust lands, within 100 feet of
any wetland, estuary, stream, or within 300 feet of the top of the
seaward face of any coastal bluff.
(3) Any development which constitutes a major public works project
or a major energy facility.
30601.3. (a) Notwithstanding Section 30519, the commission may
process and act upon a consolidated coastal development permit
application if both of the following criteria are satisfied:
(1) A proposed project requires a coastal development permit from
both a local government with a certified local coastal program and
the commission.
(2) The applicant, the appropriate local government, and the
commission, which may agree through its executive director, consent
to consolidate the permit action, provided that public participation
is not substantially impaired by that review consolidation.
(b) The standard of review for a consolidated coastal development
permit application submitted pursuant to subdivision (a) shall follow
Chapter 3 (commencing with Section 30200), with the appropriate
local coastal program used as guidance.
(c) The application fee for a consolidated coastal development
permit shall be determined by reference to the commission's permit
fee schedule.
(d) To implement this section, the commission may adopt
guidelines, in the same manner as interpretive guidelines adopted
pursuant to paragraph (3) of subdivision (a) of Section 30620.
30601.5. Where the applicant for a coastal development permit is
not the owner of a fee interest in the property on which a proposed
development is to be located, but can demonstrate a legal right,
interest, or other entitlement to use the property for the proposed
development, the commission shall not require the holder or owner of
any superior interest in the property to join the applicant as
coapplicant. All holders or owners of any other interests of record
in the affected property shall be notified in writing of the permit
application and invited to join as coapplicant. In addition, prior to
the issuance of a coastal development permit, the applicant shall
demonstrate the authority to comply with all conditions of approval.
30602. Prior to certification of its local coastal program, any
action taken by a local government on a coastal development permit
application may be appealed by the executive director of the
commission, any person, including the applicant, or any two members
of the commission to the commission. The action shall become final at
the close of business on the 20th working day from the date of
receipt of the notice required by subdivision (c) of Section 30620.5,
unless an appeal is submitted within that time. Regardless of
whether an appeal is submitted, the local government's action shall
become final if an appeal fee is imposed pursuant to subdivision (d)
of Section 30620 and is not deposited with the commission within the
time prescribed.
30603. (a) After certification of its local coastal program, an
action taken by a local government on a coastal development permit
application may be appealed to the commission for only the following
types of developments:
(1) Developments approved by the local government between the sea
and the first public road paralleling the sea or within 300 feet of
the inland extent of any beach or of the mean high tideline of the
sea where there is no beach, whichever is the greater distance.
(2) Developments approved by the local government not included
within paragraph (1) that are located on tidelands, submerged lands,
public trust lands, within 100 feet of any wetland, estuary, or
stream, or within 300 feet of the top of the seaward face of any
coastal bluff.
(3) Developments approved by the local government not included
within paragraph (1) or (2) that are located in a sensitive coastal
resource area.
(4) Any development approved by a coastal county that is not
designated as the principal permitted use under the zoning ordinance
or zoning district map approved pursuant to Chapter 6 (commencing
with Section 30500).
(5) Any development which constitutes a major public works project
or a major energy facility.
(b) (1) The grounds for an appeal pursuant to subdivision (a)
shall be limited to an allegation that the development does not
conform to the standards set forth in the certified local coastal
program or the public access policies set forth in this division.
(2) The grounds for an appeal of a denial of a permit pursuant to
paragraph (5) of subdivision (a) shall be limited to an allegation
that the development conforms to the standards set forth in the
certified local coastal program and the public access policies set
forth in this division.
(c) Any action described in subdivision (a) shall become final at
the close of business on the 10th working day from the date of
receipt by the commission of the notice of the local government's
final action, unless an appeal is submitted within that time.
Regardless of whether an appeal is submitted, the local government's
action shall become final if an appeal fee is imposed pursuant to
subdivision (d) of Section 30620 and is not deposited with the
commission within the time prescribed.
(d) A local government taking an action on a coastal development
permit shall send notification of its final action to the commission
by certified mail within seven calendar days from the date of taking
the action.
30603.1. (a) In any city and county which so requests, the
commission may adjust the inland boundary of the area within which
the issuance of coastal development permits may be appealed to the
commission pursuant to paragraph (1) of subdivision (a) of Section
30603. Any such adjustment shall be made solely to avoid the
circumstance of having the boundary of that area bisect an individual
parcel of property. The adjustment may be made landward or seaward,
but shall be the minimum distance necessary, consistent with the
policies of Chapter 3 (commencing with Section 30200), to avoid
bisecting a parcel of property.
(b) If the commission subsequently finds that the circumstances
which warranted a boundary adjustment pursuant to subdivision (a)
have changed, it may, after notice to the city and county, readjust
the boundary so that it is consistent with the changed circumstances.
The requirements of subdivision (a) shall apply to any such boundary
adjustment.
30604. (a) Prior to certification of the local coastal program, a
coastal development permit shall be issued if the issuing agency, or
the commission on appeal, finds that the proposed development is in
conformity with Chapter 3 (commencing with Section 30200) and that
the permitted development will not prejudice the ability of the local
government to prepare a local coastal program that is in conformity
with Chapter 3 (commencing with Section 30200). A denial of a coastal
development permit on grounds it would prejudice the ability of the
local government to prepare a local coastal program that is in
conformity with Chapter 3 (commencing with Section 30200) shall be
accompanied by a specific finding that sets forth the basis for that
conclusion.
(b) After certification of the local coastal program, a coastal
development permit shall be issued if the issuing agency or the
commission on appeal finds that the proposed development is in
conformity with the certified local coastal program.
(c) Every coastal development permit issued for any development
between the nearest public road and the sea or the shoreline of any
body of water located within the coastal zone shall include a
specific finding that the development is in conformity with the
public access and public recreation policies of Chapter 3 (commencing
with Section 30200).
(d) No development or any portion thereof that is outside the
coastal zone shall be subject to the coastal development permit
requirements of this division, nor shall anything in this division
authorize the denial of a coastal development permit by the
commission on the grounds the proposed development within the coastal
zone will have an adverse environmental effect outside the coastal
zone.
(e) No coastal development permit may be denied under this
division on the grounds that a public agency is planning or
contemplating to acquire the property on, or property adjacent to the
property on, which the proposed development is to be located, unless
the public agency has been specifically authorized to acquire the
property and there are funds available, or funds that could
reasonably be expected to be made available within one year, for the
acquisition. If a permit has been denied for that reason and the
property has not been acquired by a public agency within a reasonable
period of time, a permit may not be denied for the development on
grounds that the property, or adjacent property, is to be acquired by
a public agency when the application for such a development is
resubmitted.
(f) The commission shall encourage housing opportunities for
persons of low and moderate income. In reviewing residential
development applications for low- and moderate-income housing, as
defined in paragraph (3) of subdivision (h) of Section 65589.5 of the
Government Code, the issuing agency or the commission, on appeal,
may not require measures that reduce residential densities below the
density sought by an applicant if the density sought is within the
permitted density or range of density established by local zoning
plus the additional density permitted under Section 65915 of the
Government Code, unless the issuing agency or the commission on
appeal makes a finding, based on substantial evidence in the record,
that the density sought by the applicant cannot feasibly be
accommodated on the site in a manner that is in conformity with
Chapter 3 (commencing with Section 30200) or the certified local
coastal program.
(g) The Legislature finds and declares that it is important for
the commission to encourage the protection of existing and the
provision of new affordable housing opportunities for persons of low
and moderate income in the coastal zone.
30605. To promote greater efficiency for the planning of any public
works or state university or college or private university
development projects and as an alternative to project-by-project
review, plans for public works or state university or college or
private university long-range land use development plans may be
submitted to the commission for review in the same manner prescribed
for the review of local coastal programs as set forth in Chapter 6
(commencing with Section 30500). If any plan for public works or
state university or college development project is submitted prior to
certification of the local coastal programs for the jurisdictions
affected by the proposed public works, the commission shall certify
whether the proposed plan is consistent with Chapter 3 (commencing
with Section 30200). The commission shall, by regulation, provide for
the submission and distribution to the public, prior to public
hearings on the plan, detailed environmental information sufficient
to enable the commission to determine the consistency of the plans
with the policies of this division. If any such plan for public works
is submitted after the certification of local coastal programs, any
such plan shall be approved by the commission only if it finds, after
full consultation with the affected local governments, that the
proposed plan for public works is in conformity with certified local
coastal programs in jurisdictions affected by the proposed public
works. Each state university or college or private university shall
coordinate and consult with local government in the preparation of
long-range development plans so as to be consistent, to the fullest
extent feasible, with the appropriate local coastal program. Where a
plan for a public works or state university or college or private
university development project has been certified by the commission,
any subsequent review by the commission of a specific project
contained in the certified plan shall be limited to imposing
conditions consistent with Sections 30607 and 30607.1. A certified
long-range development plan may be amended by the state university or
college or private university, but no amendment shall take effect
until it has been certified by the commission. Any proposed amendment
shall be submitted to, and processed by, the commission in the same
manner as prescribed for amendment of a local coastal program.
30606. Prior to the commencement of any development pursuant to
Section 30605, the public agency proposing the public works project,
or state university or college or private university, shall notify
the commission and other interested persons, organizations, and
governmental agencies of the impending development and provide data
to show that it is consistent with the certified public works plan or
long-range development plan. No development shall take place within
30 working days after the notice.
30607. Any permit that is issued or any development or action
approved on appeal, pursuant to this chapter, shall be subject to
reasonable terms and conditions in order to ensure that such
development or action will be in accordance with the provisions of
this division.
30607.1. Where any dike and fill development is permitted in
wetlands in conformity with Section 30233 or other applicable
policies set forth in this division, mitigation measures shall
include, at a minimum, either acquisition of equivalent areas of
equal or greater biological productivity or opening up equivalent
areas to tidal action; provided, however, that if no appropriate
restoration site is available, an in-lieu fee sufficient to provide
an area of equivalent productive value or surface areas shall be
dedicated to an appropriate public agency, or the replacement site
shall be purchased before the dike or fill development may proceed.
The mitigation measures shall not be required for temporary or
short-term fill or diking if a bond or other evidence of financial
responsibility is provided to assure that restoration will be
accomplished in the shortest feasible time.
30607.2. (a) Conditions requiring housing for persons and families
of low or moderate income, as defined in Section 50093 of the Health
and Safety Code, which were incorporated into a coastal development
permit issued prior to January 1, 1982, may, at the request of the
permittee, be amended or modified by the commission or by a local
government having the authority to issue coastal development permits.
In approving those amendments or modifications, only those
conditions and requirements authorized by Section 65590 of the
Government Code may be imposed on the permittee.
(b) Any person who, prior to January 1, 1982, has been issued a
coastal development permit which contains requirements for low- and
moderate-income housing but who, prior to January 1, 1982, has not
performed substantial work on the development site (such as grading,
installation of streets, sewers, or utilities, or construction of
major buildings) may elect to proceed under either of the following
options:
(1) To proceed pursuant to all of the requirements of the coastal
development permit, in which event the provisions of subdivision (a)
shall apply to any subsequent request to amend or alter the coastal
development permit in regard to housing requirements.
(2) To proceed without complying with the housing requirements
contained in the coastal development permit, in which event the
housing requirements for the development shall be governed by Section
65590 of the Government Code.
(c) No new coastal development permit or amendment to any
existing permit for a sewer project shall be denied, restricted, or
conditioned by the commission in order to implement housing policies
or programs.
(d) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions of any
previously issued coastal development permit which guarantees housing
opportunities for persons and families of low or moderate income
where the term or condition has been met through an agreement
executed and recorded on or before January 1, 1982, between an
applicant and the commission. For previously approved or issued
permits which involve new construction of less than 10 residential
units, an executed and recorded agreement guaranteeing housing
opportunities for persons or families of low or moderate income,
which has not been implemented by the transfer of an interest in real
property or payment of a fee to a public agency or nonprofit
association for the purpose of providing these housing opportunities,
shall be voided if the applicant records the notice provided by the
executive director of the commission. Further, nothing in this
section impairs the commission's authority to deny, restrict, or
condition new permits or amendments to existing permits based on any
requirement of this division.
(e) Nothing in this section authorizes or requires the
modification of or amendment to any terms or conditions in Permit
#P-80-419 issued by the commission with respect to the reservation or
administration of sewer capacity for affordable housing in the San
Mateo County local coastal program.
30607.5. Within the City of San Diego, the commission shall not
impose or adopt any requirements in conflict with the provisions of
the plan for the protection of vernal pools approved and adopted by
the City of San Diego on June 17, 1980, following consultation with
state and federal agencies, and approved and adopted by the United
States Army Corps of Engineers in coordination with the United States
Fish and Wildlife Service.
30607.7. (a) A coastal development permit for sand replenishment
requires the project applicant to provide onsite monitoring and
supervision during the implementation of the permit.
(b) A permit subject to subdivision (a) may not be issued until
the project applicant provides the issuing agency with a plan for
onsite monitoring and supervision during the implementation of the
permit.
30608. No person who has obtained a vested right in a development
prior to the effective date of this division or who has obtained a
permit from the California Coastal Zone Conservation Commission
pursuant to the California Coastal Zone Conservation Act of 1972
(former Division 18 (commencing with Section 27000)) shall be
required to secure approval for the development pursuant to this
division. However, no substantial change may be made in the
development without prior approval having been obtained under this
division.
30609. Where, prior to January 1, 1977, a permit was issued and
expressly made subject to recorded terms and conditions that are not
dedications of land or interests in land for the benefit of the
public or a public agency pursuant to the California Coastal Zone
Conservation Act of 1972 (commencing with Section 27000), the owner
of real property which is the subject of such permit may apply for
modification or elimination of the recordation of such terms and
conditions pursuant to the provisions of this division. Such
application shall be made in the same manner as a permit application.
In no event, however, shall such a modification or elimination of
recordation result in the imposition of terms or conditions which are
more restrictive than those imposed at the time of the initial grant
of the permit. Unless modified or deleted pursuant to this section,
any condition imposed on a permit issued pursuant to the former
California Coastal Zone Conservation Act of 1972 (commencing with
Section 27000) shall remain in full force and effect.
30609.5. (a) Except as provided in subdivisions (b) and (c), no
state land that is located between the first public road and the sea,
with an existing or potential public accessway to or from the sea,
or that the commission has formally designated as part of the
California Coastal Trail, shall be transferred or sold by the state
to any private entity unless the state retains a permanent property
interest in the land adequate to provide public access to or along
the sea. In any transfer or sale of real property by a state agency
to a private entity or person pursuant to this section, the
instrument of conveyance created by the state shall require that the
private entity or person or the entity or person's successors or
assigns manage the property in such a way as to ensure that existing
or potential public access is not diminished. The instrument of
conveyance shall further require that any violation of this
management requirement shall result in the reversion of the real
property to the state.
(b) This section shall not apply to the transfer of state land to
a nonprofit organization that exists for the purposes of preserving
lands for public use and enjoyment and meets the requirements of
subdivision (b) of Section 831.5 of the Government Code.
(c) Notwithstanding the provisions of subdivision (a), state lands
between the first public road and the sea, that are under the
possession and control of the Department of Parks and Recreation or
the State Coastal Conservancy, may be transferred or sold if the
department or the conservancy makes one or more of the following
findings at a noticed public hearing relating to the transfer or sale
of the property:
(1) The state has retained or will retain, as a condition of the
transfer or sale, permanent property interests on the land providing
public access to or along the sea.
(2) Equivalent or greater public access to the same beach or
shoreline area is provided for than would be feasible if the land
were to remain in state ownership.
(3) The land to be transferred or sold is an environmentally
sensitive area with natural resources that would be adversely
impacted by public use, and the state will retain permanent property
interests in the land that may be necessary to protect, or otherwise
provide for the permanent protection of, those resources prior to or
as a condition of the transfer or sale.
(4) The land to be transferred or sold has neither existing nor
potential public accessway to the sea.
(d) Nothing in this section shall be construed to interfere with
the management responsibilities of state resource agencies,
including, but not limited to, the responsibilities to ensure public
safety and implement the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game
Code).
(e) As used in this section, "state land" means any real property
in which the state or any state agency has an ownership interest
including, but not limited to, a fee, title, easement, deed
restriction, or other interest in land. It does not include land in
which a city, county, city and county, or district has an ownership
interest.
(f) Nothing in this section is intended to restrict a private
property owner's right to sell or transfer private property.
30610. Notwithstanding any other provision of this division, no
coastal development permit shall be required pursuant to this chapter
for the following types of development and in the following areas:
(a) Improvements to existing single-family residences; provided,
however, that the commission shall specify, by regulation, those
classes of development which involve a risk of adverse environmental
effect and shall require that a coastal development permit be
obtained pursuant to this chapter.
(b) Improvements to any structure other than a single-family
residence or a public works facility; provided, however, that the
commission shall specify, by regulation, those types of improvements
which (1) involve a risk of adverse environmental effect, (2)
adversely affect public access, or (3) involve a change in use
contrary to any policy of this division. Any improvement so specified
by the commission shall require a coastal development permit.
(c) Maintenance dredging of existing navigation channels or moving
dredged material from those channels to a disposal area outside the
coastal zone, pursuant to a permit from the United States Army Corps
of Engineers.
(d) Repair or maintenance activities that do not result in an
addition to, or enlargement or expansion of, the object of those
repair or maintenance activities; provided, however, that if the
commission determines that certain extraordinary methods of repair
and maintenance involve a risk of substantial adverse environmental
impact, it shall, by regulation, require that a permit be obtained
pursuant to this chapter.
(e) Any category of development, or any category of development
within a specifically defined geographic area, that the commission,
after public hearing, and by two-thirds vote of its appointed
members, has described or identified and with respect to which the
commission has found that there is no potential for any significant
adverse effect, either individually or cumulatively, on coastal
resources or on public access to, or along, the coast and, where the
exclusion precedes certification of the applicable local coastal
program, that the exclusion will not impair the ability of local
government to prepare a local coastal program.
(f) The installation, testing, and placement in service or the
replacement of any necessary utility connection between an existing
service facility and any development approved pursuant to this
division; provided, however, that the commission may, where
necessary, require reasonable conditions to mitigate any adverse
impacts on coastal resources, including scenic resources.
(g) (1) The replacement of any structure, other than a public
works facility, destroyed by a disaster. The replacement structure
shall conform to applicable existing zoning requirements, shall be
for the same use as the destroyed structure, shall not exceed either
the floor area, height, or bulk of the destroyed structure by more
than 10 percent, and shall be sited in the same location on the
affected property as the destroyed structure.
(2) As used in this subdivision:
(A) "Disaster" means any situation in which the force or forces
which destroyed the structure to be replaced were beyond the control
of its owner.
(B) "Bulk" means total interior cubic volume as measured from the
exterior surface of the structure.
(C) "Structure" includes landscaping and any erosion control
structure or device which is similar to that which existed prior to
the occurrence of the disaster.
(h) Any activity anywhere in the coastal zone that involves the
conversion of any existing multiple-unit residential structure to a
time-share project, estate, or use, as defined in Section 11212 of
the Business and Professions Code. If any improvement to an existing
structure is otherwise exempt from the permit requirements of this
division, no coastal development permit shall be required for that
improvement on the basis that it is to be made in connection with any
conversion exempt pursuant to this subdivision. The division of a
multiple-unit residential structure into condominiums, as defined in
Section 783 of the Civil Code, shall not be considered a time-share
project, estate, or use for purposes of this subdivision.
(i) (1) Any proposed development which the executive director
finds to be a temporary event which does not have any significant
adverse impact upon coastal resources within the meaning of
guidelines adopted pursuant to this subdivision by the commission.
The commission shall, after public hearing, adopt guidelines to
implement this subdivision to assist local governments and persons
planning temporary events in complying with this division by
specifying the standards which the executive director shall use in
determining whether a temporary event is excluded from permit
requirements pursuant to this subdivision. The guidelines adopted
pursuant to this subdivision shall be exempt from the review of the
Office of Administrative Law and from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
(2) Exclusion or waiver from the coastal development permit
requirements of this division pursuant to this subdivision does not
diminish, waive, or otherwise prevent the commission from asserting
and exercising its coastal development permit jurisdiction over any
temporary event at any time if the commission determines that the
exercise of its jurisdiction is necessary to implement the coastal
resource protection policies of Chapter 3 (commencing with Section
30200).
30610.1. (a) Prior to certification of the applicable local coastal
program, no coastal development permit shall be required for the
construction of a single-family residence on any vacant lot meeting
the criteria set forth in subdivision (c) and located in a specified
area designated by the commission pursuant to subdivision (b).
(b) Within 60 days from the effective date of this section, the
commission shall designate specific areas in the coastal zone where
the construction of a single-family residence on a vacant lot meeting
the criteria set forth in subdivision (c) shall not require a
coastal development permit. Areas shall be designated for the
exclusion provided for in this section if construction of
single-family residences within the area to be designated has no
potential, either individually or cumulatively, for significant
adverse impacts on highly scenic resources of public importance, on
environmentally sensitive areas, on prime agricultural land or on
agricultural lands currently in production, or on public access to or
along the coast.
In addition, if septic tanks will be required or used, an area
identified as having septic tank problems by the appropriate regional
water quality control board or the State Water Resources Control
Board in an approved basin plan or by other formal action of such
board may not be designated for exclusion pursuant to this section.
(c) Within areas designated pursuant to subdivision (b), no
coastal development permit shall be required for the construction of
a single-family residence on any vacant lot which meets all of the
following criteria:
(1) Is not located between the first public road and the sea or
immediately adjacent to the inland extent of any beach or of the mean
high tide line where there is no beach.
(2) Is a legal lot as of the effective date of this section and
conforms with the minimum lot size and lot use designations of the
applicable general plan and zoning ordinances.
(3) Is not located within an area known to the affected local
government, or designated by any other public agency, as a geologic
hazard area or as a flood hazard area, or, if located within such an
area, it has been determined by the affected local government to be a
safe site for the construction of a single-family residence.
(4) Is no more than 250 feet from an existing improved road
adequate for use throughout the year.
(5) Can be served by an adequate water supply that is legally
available for use either by means of a well or by means of a
connection to a water system with sufficient capacity to serve such
lot or lots; provided, that no such connection shall require the
extension of an existing water main which would have the capacity of
serving four or more additional single-family residential structures.
(d) The commission shall, within 120 days from the effective date
of this section, specify uniform criteria that shall be used to
determine the location of "the first public road" and the inland
extent of any beach for purposes of paragraph (1) of subdivision (c).
(e) Within 30 days after the 120-day period specified in
subdivision (b), the commission shall report to the Legislature and
the Governor what has been done to carry out the provisions of this
section.
(f) The provisions of this section shall apply notwithstanding any
other provision of this division to the contrary.
30610.2. (a) Any person wishing to construct a single-family
residence on a vacant lot within an area designated by the commission
pursuant to subdivision (b) of Section 30610.1 shall, prior to the
commencement of construction, secure from the local government with
jurisdiction over the lot in question a written certification or
determination that the lot meets the criteria specified in
subdivision (c) of Section 30610.1 and is therefore exempt from the
coastal development permit requirements of this division. A copy of
every certification of exemption shall be sent by the issuing local
government to the commission within five working days after it is
issued.
(b) If the commission does not designate the areas within the
coastal zone as required by subdivision (b) of Section 30610.1 within
the 60 days specified therein, a local government may make the
certification authorized by subdivision (a) of this section without
regard to the requirements of subdivision (b) of Section 30610.1.
30610.3. (a) Whenever the commission determines (1) that public
access opportunities through an existing subdivided area, which has
less than 75 percent of the subdivided lots built upon, or an area
proposed to be subdivided are not adequate to meet the public access
requirements of this division and (2) that individual owners of
vacant lots in those areas do not have the legal authority to comply
with public access requirements as a condition of securing a coastal
development permit for the reason that some other person or persons
has legal authority, the commission shall implement public access
requirements as provided in this section.
(b) The commission, on its own motion or at the request of an
affected property owner, shall identify an area as meeting the
criteria specified in subdivision (a). After an area has been
identified, the commission shall, after appropriate public hearings
adopt a specific public access program for the area and shall request
that the State Coastal Conservancy, established pursuant to Division
21 (commencing with Section 31000), implement the program. The
access program shall include, but not be limited to, the
identification of specific land areas and view corridors to be used
for public access, any facilities or other development deemed
appropriate, the commission's recommendations regarding the manner in
which public access will be managed, and the types of permitted
public uses. The State Coastal Conservancy shall, pursuant to its
authority, implement the public access program.
(c) The State Coastal Conservancy shall be authorized to expend
funds when appropriated from the Coastal Access Account for the
purchase of lands and view easements and to pay for any development
needed to carry out the public access program specified in
subdivision (a). Not more than 5 percent of the amount of funds
necessary to carry out each public access program may be provided as
a grant to the State Coastal Conservancy for its administrative costs
incurred in carrying out the access program.
(d) The State Coastal Conservancy may enter into any agreement it
deems necessary and appropriate with any state or local public agency
or with a private association authorized to perform those functions
for the operation and maintenance of any access facilities acquired
or developed pursuant to this section.
(e) Every person receiving a coastal development permit or a
certificate of exemption for development on any vacant lot within an
area designated pursuant to this section shall, prior to the
commencement of construction, pay to the commission, for deposit in
the Coastal Access Account, an "in-lieu" public access fee. The
amount of each fee shall be determined by dividing the cost of
acquiring the specified lands and view easements by the total number
of lots within the identified area. The proportion of the acquisition
cost that can be allocated to lots built upon pursuant to permits
that were not subject to public access conditions under this division
or the California Coastal Zone Conservation Act of 1972 (former
Division 18 (commencing with Section 27000)) shall be paid from the
Coastal Access Account. An "in-lieu" public access fee may be in the
form of an appropriate dedication, in which event the lots to which
the dedication can be credited shall not be counted toward the total
number of lots used in arriving at the "in-lieu" public access fee
share for each remaining lot.
(f) For purposes of determining the acquisition costs specified in
subdivision (e), the State Coastal Conservancy may, in the absence
of a fixed price agreed to by both the State Coastal Conservancy and
the seller, specify an estimated cost based on a formal appraisal of
the value of the interest proposed to be acquired. The appraisal
shall be conducted by an independent appraiser under contract with
the State Coastal Conservancy and shall be completed within 120 days
of the adoption of the specific public access program by the
commission pursuant to subdivision (b). The appraisal shall be deemed
suitable for all purposes of the Property Acquisition Law (Part 11
(commencing with Section 15850 of the Government Code)). For every
year following public acquisition of the interests in land specified
as part of a public access program and prior to payment of the
required "in-lieu" fee, a carrying cost factor equal to 5 percent of
the share attributable to each lot shall be added to any unpaid
"in-lieu" public access fee, provided, however, that a lot owner may
pay the "in-lieu" public access fee at any time after public
acquisition in order to avoid payment of the carrying cost factor.
(g) No provision of this section may be applied within any portion
of the unincorporated area in the County of Sonoma, commonly known
as the Sea Ranch.
30610.4. (a) Upon establishment of an acquisition cost pursuant to
subdivision (f) of Section 30610.3, the commission shall review the
area in question to determine if all or some portion of that area
meets the criteria specified in subdivision (b) of Section 30610.1
for areas within which no coastal development permit will be required
from the commission for construction of single-family residences.
Notwithstanding paragraph (1) of subdivision (c) of Section 30610.1,
lots, other than those immediately adjacent to any beach or to the
mean high tide line where there is no beach, can be included in this
exclusion area. If the commission determines an area designated
pursuant to subdivision (b) of Section 30610.3 meets that criteria,
the area shall be designated as one wherein no coastal development
permit from the commission shall be required for the construction of
single-family residences.
(b) Prior to the commencement of construction of any single-family
residence within an area designated pursuant to this section, a
certificate of exemption must be obtained pursuant to Section 30610.2
and the appropriate "in-lieu" public access fee shall be paid.
30610.5. Urban land areas shall, pursuant to the provisions of this
section, be excluded from the permit provisions of this chapter.
(a) Upon the request of a local government, an urban land area, as
specifically identified by such local government, shall, after
public hearing, be excluded by the commission from the permit
provisions of this chapter where both of the following conditions are
met:
(1) The area to be excluded is either a residential area zoned and
developed to a density of four or more dwelling units per acre on or
before January 1, 1977, or a commercial or industrial area zoned and
developed for such use on or before January 1, 1977.
(2) The commission finds both of the following:
(i) Locally permitted development will be infilling or replacement
and will be in conformity with the scale, size, and character of the
surrounding community.
(ii) There is no potential for significant adverse effects, either
individually or cumulatively, on public access to the coast or on
coastal resources from any locally permitted development; provided,
however, that no area may be excluded unless more than 50 percent of
the lots are built upon, to the same general density or intensity of
use.
(b) Every exclusion granted under subdivision (a) of this section
and subdivision (e) of Section 30610 shall be subject to terms and
conditions to assure that no significant change in density, height,
or nature of uses will occur without further proceedings under this
division, and an order granting an exclusion under subdivision (e) of
Section 30610, but not under subdivision (a) of this section may be
revoked at any time by the commission, if the conditions of exclusion
are violated. Tide and submerged land, beaches, and lots immediately
adjacent to the inland extent of any beach, or of the mean high tide
line of the sea where there is no beach, and all lands and waters
subject to the public trust shall not be excluded under either
subdivision (a) of this section or subdivision (e) of Section 30610.
30610.6. (a) The Legislature hereby finds and declares that it is
in the public interest to provide by statute for the resolution of
the lengthy and bitter dispute involving development of existing
legal lots within the unincorporated area of Sonoma County, commonly
known as the Sea Ranch. The reasons for the need to finally resolve
this dispute include the following:
(1) Acknowledgment by the responsible regulatory agencies that
development of existing lots at Sea Ranch can proceed consistent with
the provisions of this division and other applicable laws provided
certain conditions have been met. Development has been prevented at
considerable costs to property owners because these conditions have
not been met.
(2) That it has been, and continues to be, costly to Sea Ranch
property owners and the public because of, among other reasons,
extensive and protracted litigation, continuing administrative
proceedings, and escalating construction costs.
(3) The need to provide additional public access to and along
portions of the coast at the Sea Ranch in order to meet the
requirements of this division. The continuation of this dispute
prevents the public from enjoying the use of those access
opportunities.
(4) The commission is unable to refund 118 "environmental deposits"
to property owners because coastal development permit conditions
have not been met.
(5) It appears likely that this lengthy dispute will continue
unless the Legislature provides a solution, and the failure to
resolve the dispute will be unfair to property owners and the public.
(b) The Legislature further finds and declares that because of the
unique circumstances of this situation, the provisions of this
section constitute the most expeditious and equitable mechanism to
ensure a timely solution that is in the best interest of property
owners and that is consistent with this division.
(c) If the Sea Ranch Association and Oceanic California, Inc.
desire to take advantage of the terms of this section, they shall,
not sooner than April 1, 1981, and not later than July 1, 1981,
deposit into escrow deeds and other necessary documents that have
been determined by the State Coastal Conservancy prior to their
deposit in escrow to be legally sufficient to convey to the State
Coastal Conservancy enforceable and nonexclusive public use easements
free and clear of liens and encumbrances for the easements
specifically described in this subdivision. Upon deposit of five
hundred thousand dollars ($500,000) into the same escrow account by
the State Coastal Conservancy, but in no event later than 30 days
after the deeds and other necessary documents have been deposited in
the escrow account, the escrow agent shall transmit the five hundred
thousand dollars ($500,000), less the escrow, title, and
administrative costs of the State Coastal Conservancy, in an amount
not to exceed twenty thousand dollars ($20,000), to the Sea Ranch
Association and shall convey the deeds and other necessary documents
to the State Coastal Conservancy. The conservancy shall subsequently
convey the deeds and other necessary documents to an appropriate
public agency that is authorized and agrees to accept the easements.
The deeds specified in this subdivision shall be for the following
easements:
(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access
easement from a point on State Highway 1, 50 feet north of mile post
marker 56.75, a day parking area for 10 vehicles, a 15-foot wide
pedestrian accessway from the parking area continuing west to the
bluff-top trail, and a 15-foot wide bluff-top pedestrian easement
beginning at the southern boundary of Gualala Point County Park and
continuing for approximately three miles in a southerly direction to
the sandy beach at the northern end of Unit 28 just north of Walk-on
Beach together with a 15-foot wide pedestrian easement to provide a
connection to Walk-on Beach to the south.
(2) In Unit 24, a day parking area west of State Highway 1, just
south of Whalebone Reach, for six vehicles, and a 15-foot wide
pedestrian accessway over Sea Ranch Association common areas crossing
Pacific Reach and continuing westerly to the southern portion of
Shell Beach with a 15-foot wide pedestrian easement to connect with
the northern portion of Shell Beach.
(3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 53.96, a day parking area for
10 vehicles, and a 15-foot wide pedestrian accessway from the parking
area to the beach at the intersection of Units 21 and 36.
(4) In Unit 17, adjacent to the intersection of Navigator's Reach
and State Highway 1, 75 feet north of mile post marker 52.21, enough
land to provide day parking for four vehicles and a 15-foot wide
pedestrian accessway from the parking area to Pebble Beach.
(5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway
from State Highway 1, mile post marker 50.85, a day parking area for
10 vehicles and a 15-foot wide pedestrian accessway from the parking
area to Black Point Beach.
(6) With respect to each of the beaches to which access will be
provided by the easements specified in this subdivision, an easement
for public use of the area between the line of mean high tide and
either the toe of the adjacent bluff or the first line of vegetation,
whichever is nearer to the water.
(7) Scenic view easements for those areas specified by the
executive director, as provided in subdivision (d), and which
easements allow for the removal of trees in order to restore and
preserve scenic views from State Highway 1.
(d) The executive director of the commission shall, within 30 days
after the effective date of this section, specifically identify the
areas along State Highway 1 for which the scenic view easements
provided for in paragraph (7) of subdivision (c) will be required. In
identifying the areas for which easements for the restoration and
preservation of public scenic views will be required, the executive
director shall take into account the effect of tree removal so as to
avoid causing erosion problems. It is the intent of the Legislature
that only those areas be identified where scenic views to or along
the coast are unique or particularly beautiful or spectacular and
which thereby take on public importance. The restoration and
preservation of the scenic view areas specified pursuant to this
subdivision shall be at public expense.
(e) Within 30 days after the effective date of this section, the
executive director of the commission shall specify design criteria
for the height, site, and bulk of any development visible from the
scenic view areas provided for in subdivision (d). This criteria
shall be enforced by the County of Sonoma if the deeds and other
necessary documents specified in subdivision (c) have been conveyed
to the State Coastal Conservancy. This criteria shall be reasonable
so as to enable affected property owners to build single-family
residences of substantially similar overall size to those that
property owners who are not affected by these criteria may build or
have already built under the Sea Ranch Association's building design
criteria. The purpose of the criteria is to ensure that development
will not substantially detract from the specified scenic view areas.
(f) On and after the date on which the deeds and other necessary
documents deposited in escrow pursuant to subdivision (c) have been
conveyed to the State Coastal Conservancy, no additional public
access requirements shall be imposed at the Sea Ranch pursuant to
this division by any regional commission, the commission, any other
state agency, or any local government. The Legislature hereby finds
and declares that the provision of the access facilities specified in
this subdivision shall be deemed adequate to meet the requirements
of this division.
(g) The realignment of internal roads within the Sea Ranch shall
not be required by any state or local agency acting pursuant to this
division. However, appropriate easements may be required by the
County of Sonoma to provide for the expansion of State Highway 1 for
the development of turnout and left-turn lanes and for the location
of a bicycle path, when the funds are made available for those
purposes. The Legislature finds and declares that this subdivision is
adequate to meet the requirements of this division to ensure that
new development at the Sea Ranch will not overburden the capacity of
State Highway 1 to the detriment of recreational users.
(h) No coastal development permit shall be required pursuant to
this division for the development of supplemental water supply
facilities determined by the State Water Resources Control Board to
be necessary to meet the needs of legally permitted development
within the Sea Ranch. The commission, through its executive director,
shall participate in the proceedings before the State Water
Resources Control Board relating to these facilities and may
recommend terms and conditions that the commission deems necessary to
protect against adverse impacts on coastal zone resources. The State
Water Resources Control Board shall condition any permit or other
authorization for the development of these facilities so as to carry
out the commission's recommendation, unless the State Water Resources
Control Board determines that the recommended terms or conditions
are unreasonable. This subdivision shall become operative if the
deeds and other necessary documents specified in subdivision (c) have
been conveyed to the State Coastal Conservancy.
(i) Within 90 days after the effective date of this section, the
commission, through its executive director, shall specify criteria
for septic tank construction, operation, and monitoring within the
Sea Ranch to ensure protection of coastal zone resources consistent
with the policies of this division. The North Coast Regional Water
Quality Control Board shall review the criteria and adopt it, unless
it finds the criteria or a portion thereof is unreasonable. The
regional board shall be responsible for the enforcement of the
adopted criteria if the deeds and other necessary documents specified
in subdivision (c) have been conveyed to the State Coastal
Conservancy.
(j) Within 60 days after the date on which the deeds and other
necessary documents deposited in e
