Bill Text: CA SB1497 | 2021-2022 | Regular Session | Chaptered
Bill Title: California Coastal Act of 1976.
Spectrum: Committee Bill
Status: (Passed) 2022-07-01 - Chaptered by Secretary of State. Chapter 97, Statutes of 2022. [SB1497 Detail]
Download: California-2021-SB1497-Chaptered.html
Senate Bill
No. 1497
CHAPTER 97
An act to amend Sections 30170, 30233, 30265.5, 30301.5, 30304, 30312, 30314, 30319.5, 30322, 30327, 30327.6, 30335, 30340.5, 30354, 30400, 30404, 30418, 30420, 30600.5, 30610.6, and 30801 of the Public Resources Code, relating to coastal resources.
[
Approved by
Governor
July 01, 2022.
Filed with
Secretary of State
July 01, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 1497, Committee on Natural Resources and Water.
California Coastal Act of 1976.
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.
This bill would make various nonsubstantive changes to the above act to, among other things, change pronouns, correct the names of various state entities, and delete obsolete language.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 30170 of the Public Resources Code is amended to read:30170.
In San Diego County:(a) In the City of Oceanside, approximately 500 acres are excluded as specifically shown on maps 30A and 31.
(b) In the City of Carlsbad, approximately 180 acres in the downtown area, except for the Elm Street corridor, are excluded as specifically shown on map 31.
(c) In the City of Carlsbad, the area lying north of the Palomar Airport as generally shown on maps 31 and 32 and as specifically described in this subdivision is excluded.
Those portions of lots “F” and “G” of Rancho Agua Hedionda, part in the City of Carlsbad and part in the unincorporated area
of the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the office of the county recorder of that county, November 16, 1896, described as follows:
Commencing at point 1 of said lot “F” as shown on said map; thence along the boundary line of said lot “F” south 25° 33´ 56″ east, 229.00 feet to point 23 of said lot “F” and south 54° 40´ 19″ east, 1347.00 feet; thence leaving said boundary line south 35° 19´ 44″ west, 41.28 feet to the true point of beginning, which point is the true point of beginning, of the land described in deed to Japatul Corporation recorded December 8, 1975, at recorder’s file/page No. 345107 of official records to said county; thence along the boundary line of said land south 35° 19´ 44″ west, 2216.46 feet and north 53° 02´ 49″ west, 1214.69 feet to the northeast corner of the land described in deed to Japatul Corporation recorded December 8,
1975, at recorder’s file/page No. 345103 of said official records; thence along the boundary lines of said land as follows: West, 1550 feet, more or less, to the boundary of said lot “F”; south 00° 12´ 00″ west, 550 feet, more or less, to point 5 of said lot “F”; south 10° 25´ 10″ east along a straight line between said point 5 and point 14 of said lot “F,” to point 14 of said lot “F”; thence along the boundary of said lot “F” south 52° 15´ 45″ east (record south 51° 00´ 00″ east) 1860.74 feet more or less to the most westerly corner of the land conveyed to James L. Hieatt, et ux, by deed recorded June 11, 1913, in Book 617, page 54 of deed, records of said county; thence along the northwesterly and northeasterly boundary of Hieatt’s land as follows: North 25° 00´ 00″ east, 594.00 feet and south 52° 15´ 45″ east (record south 51° 00´ 00″ east per deed) 1348.61 feet to a point of intersection with the northerly line of Palomar County
Airport, said point being on the boundary of the land conveyed to Japatul Corporation by deed recorded December 8, 1975, at recorder’s file/page No. 345107 of said official records; thence along said boundary as follows: North 79° 10´ 00″ east, 4052.22 feet north 10° 50´ 00″ west, 500.00 feet; north 79° 10´ 00″ east 262.00 feet, south 10° 50´ 00″ east, 500.00 feet; north 79° 10´ 00″ east, 1005 feet, more or less, to the westerly line of the land conveyed to the County of San Diego by deed recorded May 28, 1970, at recorder’s file/page No. 93075 of said official records; thence continuing along the boundary of last said Japatul Corporation’s land north 38° 42´ 44″ west, 2510.58 feet to the beginning of a tangent 1845.00 foot radius curve concave northeasterly; along the arc of said curve through a central angle of 14° 25´ 52″ a distance of 464.70 feet to a point of the southerly boundary of the land allotted to Thalia Kelly Considine, et
al., by partial final judgment in partition, recorded January 18, 1963, at recorder’s file/page No. 11643 of said official records; thence continuing along last said Japatul Corporation’s land south 67° 50´ 28″ west, 1392.80 feet north 33° 08´ 52″ west, 915.12 feet and north 00° 30´ 53″ west, 1290.37 feet to the southerly line of said land conveyed to the County of San Diego, being also the northerly line of last said Japatul Corporation’s land; thence along said common line north 74° 57´ 25″ west, 427.67 feet to the beginning of a tangent 2045.00 foot radius curve concave northerly; and westerly along the arc of said curve through a central angle of 16° 59´ 24″, a distance of 606.41 feet to the true point of beginning.
And those properties known as assessors parcel Nos. 212-020-08, 212-020-22, and 212-020-23.
Excepting therefrom, that portion, if any, conveyed to the County
of San Diego, by quitclaim deed recorded January 12, 1977, at recorder’s file/page No. 012820 of said official records.
No development may occur in the area described in this subdivision until a plan for drainage of the parcel to be developed has been approved by the local government having jurisdiction over the area after consultation with the commission and the Department of Fish and Wildlife. The plan shall assure that no detrimental increase occurs in runoff of water from the parcel to be developed and shall require that the facilities necessary to implement the plan are installed as part of the development.
(d) In the City of Carlsbad and adjacent unincorporated areas, approximately 600 acres consisting
of the Palomar Airport and an adjoining industrial park are excluded as specifically shown on maps 31 and 32.
(e) An area consisting of approximately 333 acres lying west and south of the Palomar Airport and bounded on the south by Palomar Airport Road is excluded as specifically shown on maps 31 and 32.
No development may occur in the area described in this subdivision until a plan for drainage of the parcel to be developed has been approved by the local government having jurisdiction over the area after consultation with the commission and the Department of Fish and Wildlife. The plan shall assure that no detrimental increase occurs in runoff of water from the parcel to be developed and shall require that
the facilities necessary to implement the plan are installed as part of the development.
(f) On or before October 1, 1980, the commission shall, after public hearing and in consultation with the City of Carlsbad, prepare, approve, and adopt a local coastal program for the following parcels in the vicinity of Batiquitos Lagoon within the City of Carlsbad: lands owned by Rancho La Costa, a registered limited partnership, lands (consisting of approximately 80 acres) owned by Standard Pacific of San Diego, Inc., that were conveyed by Rancho La Costa on October 8, 1977, and lands owned by the Occidental Petroleum Company. Those parcels shall be determined by ownership as of September 12, 1979. As used in this subdivision, “parcels” means the parcels identified in this paragraph. The local coastal program required by this subdivision shall include all of the following elements:
(1) Protection of agricultural lands and uses to the extent feasible.
(2) Minimization of adverse impacts from sedimentation.
(3) Protection of feasible public recreational opportunities.
(4) Provision for economically feasible development consistent with the three elements specified in this subdivision.
The local coastal program required by this subdivision shall, after adoption by the commission, be deemed certified and shall for all purposes of this division constitute certified local coastal program segments for those parcels in the City of Carlsbad. The segments of the city’s local coastal program for those parcels may be amended pursuant to the provisions of this division relating to the amendment of local coastal programs. In addition, until (i) the City
of Carlsbad adopts or enacts the implementing actions contained in the local coastal program, or (ii) other statutory provisions provide alternately for the adoption, certification, and implementation of a local coastal program for those parcels, the local coastal program required by this subdivision may also be amended by the commission at the request of the owner of any of those parcels. For administrative purposes, the commission may group these requests in order to schedule them for consideration at a single commission hearing. However, the commission shall schedule these requests for consideration at least once during each four-month period, beginning January 1, 1982. After either of these events occur, however, these property owners shall no longer be eligible to request the commission to amend the local coastal program.
If the commission fails to adopt a local coastal program within the time limits specified in this subdivision, those parcels shall be
excluded from the coastal zone and shall no longer be subject to this division. It is the intent of the Legislature in enacting this subdivision that a procedure to expedite the preparation and adoption of a local coastal program for those parcels be established so that the public and affected property owners know as soon as possible what the permissible uses of those lands are.
(g) In the vicinity of the intersection of Del Mar Heights Road and the San Diego Freeway, approximately 250 acres are excluded as specifically shown on map 33.
(h) In the vicinity of the intersection of Carmel Valley Road and the San Diego Freeway, approximately 45 acres are added as specifically shown on map 33.
In the City of San Diego, the Carmel Valley area consisting of approximately 1,400 acres as shown on map 33 that has been placed on file with the
Secretary of State on January 23, 1980, shall be excluded from the coastal zone after the City of San Diego submits, and the commission certifies, a drainage plan and a transportation plan for the area. The city shall implement and enforce the certified drainage and transportation plans. Any amendments or changes to the underlying land use plan for the area that affects drainage, or to either the certified drainage or transportation plan, shall be reviewed and processed in the same manner as an amendment of a certified local coastal program pursuant to Section 30514. Any land use not in conformance with the certified drainage and transportation plans may be appealed to the commission pursuant to the appeals procedure as provided by Chapter 7 (commencing with Section 30600). The drainage plan and any amendments thereto shall be prepared after consultation with the Department of Fish and
Wildlife and shall ensure that problems resulting from water runoff, sedimentation, and siltation are adequately identified and resolved.
(i) Near the head of the south branch of Los Penasquitos Canyon, the boundary is moved seaward to the five-mile limit as described in Section 30103 and as specifically shown on map 33.
(j) In the City of San Diego, approximately 1,855 acres known as the Mount Soledad and La Jolla Mesa areas are added as specifically shown on map 34. However, on or before February 29, 1980, and pursuant to either subdivision (d) of Section 30610 or Section 30610.5, the commission shall exclude from coastal development permit requirements any single-family residence within the area specified in this subdivision. No coastal development permit shall be required for any improvement, maintenance activity, relocation, or
reasonable expansion of any commercial radio or television transmission facilities within the area specified in this subdivision unless the proposed activity could result in a significant change in the density or intensity of use in the area or could have a significant adverse impact on highly scenic resources of public importance. However, no prior review by the commission of this activity shall be required.
(k) In the City of San Diego, approximately 30 acres known as the Famosa Slough is added as specifically shown on maps 34 and 35.
SEC. 2.
Section 30233 of the Public Resources Code is amended to read:30233.
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:(1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat
launching ramps.
(3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.
(4) Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.
(5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
(6) Restoration purposes.
(7) Nature study, aquaculture, or similar resource-dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for these purposes to appropriate beaches or into suitable longshore current systems.
(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Wildlife, including, but not limited to, the 19 coastal wetlands identified in its report entitled, “Acquisition
Priorities for the Coastal Wetlands of California”, shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.
For the purposes of this section, “commercial fishing facilities in Bodega Bay” means that not less than 80 percent of all boating facilities proposed to be developed or improved, where the improvement would create additional berths in Bodega Bay, shall be designed and used for commercial fishing activities.
(d) Erosion control and flood control facilities constructed on watercourses can impede the movement of sediment and nutrients that would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the
material removed from these facilities may be placed at appropriate points on the shoreline in accordance with other applicable provisions of this division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a coastal development permit for these purposes are the method of placement, time of year of placement, and sensitivity of the placement area.
SEC. 3.
Section 30265.5 of the Public Resources Code is amended to read:30265.5.
(a) The Governor, or the Governor’s designee, shall coordinate activities concerning the transport and refining of offshore oil. Coordination efforts shall consider public health risks, the ability to achieve short-term and long-term air emission reduction goals, the potential for reducing California’s vulnerability and dependence on oil imports, economic development and jobs, and other factors deemed important by the Governor, or the Governor’s designee.(b) The Governor, or the Governor’s designee, shall work with state and
local agencies, and the public, to facilitate the transport and refining of offshore oil in a manner that will promote the greatest public health and environmental and economic benefits to the people of the state.
(c) The Governor, or the Governor’s designee, shall consult with any individual or organization having knowledge in this area, including, but not limited to, representatives from the following:
(1) State Energy Resources Conservation and Development Commission.
(2) State Air Resources Board.
(3) California Coastal Commission.
(4) Department of Fish and
Wildlife.
(5) State Lands Commission.
(6) Public Utilities Commission.
(7) Santa Barbara County.
(8) Santa Barbara County Air Pollution Control District.
(9) Southern California Association of Governments.
(10) South Coast Air Quality Management District.
(11) Oil industry.
(12) Public interest groups.
(13) United States Department of the Interior.
(14) United States Department of Energy.
(15) United States Environmental Protection Agency.
(16) National Oceanic and Atmospheric Administration.
(17) United States Coast Guard.
(d) This act is not intended, and shall not be construed, to decrease, duplicate, or supersede the jurisdiction, authority, or responsibilities of any local government, or any state agency or commission, to discharge its responsibilities concerning the transportation and refining of oil.
SEC. 4.
Section 30301.5 of the Public Resources Code is amended to read:30301.5.
A member of the commission serving pursuant to subdivision (a), (b), or (c) of Section 30301 shall be a nonvoting member and may appoint a designee to serve at the member’s pleasure who shall have all the powers and duties of the member pursuant to this division.SEC. 5.
Section 30304 of the Public Resources Code is amended to read:30304.
(a) Any member of the commission may, subject to the confirmation of the member’s appointing power, appoint an alternate member to represent the member at any commission meeting. An alternate for a locally elected official need not also be a locally elected official. An alternate may serve before confirmation for a period not to exceed 90 days from the date of appointment unless and until confirmation is specifically refused. The alternate shall serve at the pleasure of the member who appointed them and shall have all the powers and duties as a member of the commission, except that the alternate shall only participate and vote in meetings in the absence of the member who appointed them.(b) All provisions of law relating to conflicts of interest that are applicable to a member shall apply to an alternate member. Whenever a member has, or is known to have, a conflict of interest on any matter, the member’s alternate is not eligible to vote on that matter.
SEC. 6.
Section 30312 of the Public Resources Code is amended to read:30312.
The term of office of commission members shall be as follows:(a) (1) A person appointed by the Governor and qualified for membership because the person holds a specified office as a locally elected official shall serve at the pleasure of the Governor. However, the membership shall cease 60 days after the member’s
term of office as a locally elected official ceases, or when a person has been appointed to fill that position by the Governor, if that occurs sooner.
(2) A person appointed by the Senate Committee on Rules or by the Speaker of the Assembly and qualified for membership because the person holds a specified office as a locally elected official shall serve a term of four years. However, the membership shall cease 60 days after the member’s term of office as a locally elected official ceases, if that occurs sooner.
(b) (1) A member appointed by the Governor shall serve for two years at the pleasure of the Governor, and may be reappointed for succeeding two-year periods, provided that the member may continue to serve beyond the two-year term until the Governor has acted and the appointee is authorized to sit and serve on the commission.
(2) A member appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve for four years, and may be reappointed for succeeding four-year periods, provided that the member may continue to serve beyond the four-year term until the member’s
appointing authority has acted and the appointee is authorized to sit and serve on the commission. If the Senate Committee on Rules or the Speaker of the Assembly has not acted within 60 days after the expiration of a member’s term, the position shall become vacant until a person is appointed to a four-year term, calculated from the expiration date of the preceding term.
(c) If a vacancy occurs before the expiration of the term for the vacated seat, the appointing authority shall appoint a member for the remainder of the unexpired term pursuant to this chapter.
(d) On the effective date of the act adding this subdivision, the Senate Committee on Rules and the Speaker of
the Assembly shall each appoint two members to serve two-year terms and two members to serve four-year terms. All subsequent terms shall be for four years.
SEC. 7.
Section 30314 of the Public Resources Code is amended to read:30314.
(a) Except as provided in this section, members or alternates of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for those expenses is not otherwise provided or payable by another public agency or agencies, and shall receive fifty dollars ($50) for each full day of attending meetings of the commission. In addition, members or alternates of the commission shall receive twelve dollars and fifty cents ($12.50) for each hour actually spent in preparation for a commission meeting, provided that for each meeting no more than eight hours of preparation time shall be compensated as provided in this section.(b) An alternate shall be entitled to payment and reimbursement for the necessary expenses incurred in participating in commission
meetings, provided that only the member or the member’s alternate shall receive that payment and reimbursement, and if both the member and alternate prepare for, attend, and participate in any portion of a commission meeting, only the alternate shall be entitled to that payment and reimbursement.
(c) For the purposes of this section, “full day of attending a
meeting” means presence at, and participation in, not less than 60 percent of the total meeting time of the commission during any particular 24-hour period.
SEC. 8.
Section 30319.5 of the Public Resources Code is amended to read:30319.5.
An applicant whose permit is denied due to the applicant’s failure to comply with Section 30319 may not apply to the commission for approval of an identical or similar project for two years from the date of the permit denial.SEC. 9.
Section 30322 of the Public Resources Code is amended to read:30322.
(a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.(b) The following communications are not ex parte communications:
(1) Any communication between a staff member acting in
their official capacity and any commission member or interested person.
(2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date.
(3) Any communication that takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency.
(4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member
is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency.
(5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity.
(6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission.
SEC. 10.
Section 30327 of the Public Resources Code is amended to read:30327.
(a) No commission member or alternate shall make, participate in making, or any other way attempt to use their official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported pursuant to Section 30324.(b) In addition to any other applicable penalty, including a civil fine imposed pursuant to Section 30824, a commission member who knowingly violates this section shall be subject to a civil fine, not to exceed seven thousand five
hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.
SEC. 11.
Section 30327.6 of the Public Resources Code is amended to read:30327.6.
(a) (1) Except as provided in paragraph (2), a person who for compensation attempts to influence or affect the outcome of a commission decision or action and who violates Section 30327.5 may, in addition to any other applicable penalty, be barred from any activity seeking to influence or affect the outcome of a commission decision or action for a period of up to one year from the date of the finding of the violation. Each violation shall be grounds for the person being barred from any activity seeking to influence or affect a commission decision or action for an additional year from the date of conviction.(2) This section does not prohibit an individual from representing
the individual’s own self in seeking to influence or affect the outcome of a commission decision or action if that individual is acting solely on their own personal behalf and not on behalf of another person or entity.
(b) A person who violates Section 30327.5 shall, in addition to any other applicable penalty, be subject to a civil fine not to exceed five hundred dollars ($500) for each violation.
SEC. 12.
Section 30335 of the Public Resources Code is amended to read:30335.
The commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of the commission. The commission shall prescribe the duties and salaries of the executive director, and, consistent with applicable civil service laws, shall appoint and discharge any officer, house staff counsel, or employee of the commission as it deems necessary to carry out the provisions of this division.SEC. 13.
Section 30340.5 of the Public Resources Code is amended to read:30340.5.
(a) It is the policy of the state that no less than 50 percent of funds received by the state from the federal government pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) shall be used for the preparation, review, approval, certification, and implementation of local coastal programs.(b) A local government subject to this division may claim reimbursement of costs incurred as a direct result of the operation of or any requirement promulgated pursuant to this division. Notwithstanding any other provision of law, a claim for reimbursement of mandated costs directly attributable to the operation of this division shall only be submitted, reviewed, and approved in the manner set forth in
this section.
(c) A claim pursuant to this section shall be submitted to the executive director of the commission no later than September 30. The executive director shall review the claim in accordance with this section and shall submit the claim to the Controller within 60 days after receipt of a claim but in no event later than November 30.
(d) A claim submitted pursuant to this section shall be filed on forms approved and prepared by the commission in consultation with the Controller. The forms shall specify the information needed to enable the executive director of the commission and the Controller to make the determinations required by subdivision (e). The forms shall clearly set forth information requirements for the evaluation of the following categories of costs:
(1) Costs for work relating to the
preparation, review, and approval of a local coastal program or a portion of a program.
(2) Costs for work that is not covered by paragraph (1).
The claim forms required by this section shall provide for claims of actual costs incurred during the fiscal year preceding submittal and for the costs the claimant local government estimates will be incurred during the then-current fiscal year.
(e) The executive director shall review and evaluate each claim submitted pursuant to this section and shall determine whether:
(1) The costs claimed are not paid for or reimbursed from any other source of state or federal funding.
(2) The costs are for work that is the direct result of and is mandated by the operation of this
division or by the commission or whether the work is optional.
(3) With respect to costs specified in paragraph (1) of subdivision (d), the work done or to be done is reasonable and necessary for the preparation and approval of a local coastal program pursuant to a local coastal program work program approved by the commission, or for work that is not part of an approved work program if the work can be shown to be necessary for the completion of a certifiable local coastal program or if new information or other circumstances cause the commission to require that the work be carried out.
(f) The executive director of the commission shall submit to the Controller, on behalf of each claimant local government, all claims submitted pursuant to this section together with
the executive director’s recommendation whether the Controller should allow or deny, in whole or in part, the claim. The executive director’s recommendation shall be based on their
determinations made pursuant to subdivision (e). If the executive director fails to make a recommendation by the time a claim is required to be submitted to the Controller as provided in subdivision (c), the executive director is deemed to have recommended approval of the claim.
(g) Section 17561 of the Government Code shall apply to a claim filed pursuant to this section. However, where a conflict between Section 17561 of the Government Code and this section occurs, the conflict shall be resolved in a manner that best carries out the purposes of this section. The Controller shall apply the criteria of subdivision (e) in determining whether to allow or deny, in whole or in part, a claim and shall consider the recommendations of the executive director of the commission.
SEC. 14.
Section 30354 of the Public Resources Code is amended to read:30354.
(a) The executive director of the commission shall review and evaluate each claim submitted pursuant to this article and shall determine whether:(1) The costs claimed meet the requirements of this article.
(2) The costs claimed are not paid for or reimbursed from any other source of state or federal funding.
(3) The claimed costs are reasonable for the implementation of a certified local coastal program.
(b) The executive director of the commission shall submit to the Controller, on behalf of each claimant local government, all
claims submitted pursuant to this section together with
the executive director’s recommendation whether the Controller should allow or deny, in whole or in part, the claim. A copy of each claim shall also be sent to the claimant local government at the time such claim is submitted to the Controller. The executive director’s recommendation shall be based on their determinations made pursuant to this article. If the executive director fails to make a recommendation by the time claims are required to be submitted to the Controller, as provided in subdivision (b) of Section 30352, the executive director shall be deemed to have recommended approval of the claim.
(c) The provisions of Section
17561 of the Government Code shall apply to claims filed pursuant to this article, provided that where a conflict between Section 17561 of the Government Code and this article occurs, the conflict shall be resolved in a manner that best carries out the purposes of this article. The Controller shall apply the criteria of this article in
determining whether to allow or deny, in whole or in part, a claim and shall consider the recommendations of the executive director of the commission.
SEC. 15.
Section 30400 of the Public Resources Code is amended to read:30400.
(a) It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities.(b) In the absence of a specific authorization set forth in this division or any other provision of law
or in an agreement entered into with the commission, no state agency, including the Office of Planning and Research, shall exercise any powers or carry out any duties or responsibilities established by this division or by the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or any amendment thereto. The Director of the Office of Planning and Research shall, in carrying out
the director’s
duties as set forth in Section 30415, ensure that the provisions of this section are carried out.
SEC. 16.
Section 30404 of the Public Resources Code is amended to read:30404.
The Natural Resources Agency shall periodically, in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry and Fire Protection, the State Water Resources Control Board and the California regional water quality control boards, the State Air Resources Board and air pollution control districts and air quality management districts, the Department of Fish and Wildlife, the Department of Parks and Recreation, the California Geological Survey and the Geologic Energy Management Division in the Department of Conservation, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage the state agency to carry out its functions in a manner consistent with this division. The recommendations may include proposed changes in administrative regulations, rules, and statutes.SEC. 17.
Section 30418 of the Public Resources Code is amended to read:30418.
(a) Pursuant to Division 3 (commencing with Section 3000), the Geologic Energy Management Division of the Department of Conservation is the principal state agency responsible for regulating the drilling, operation, maintenance, and abandonment of all oil, gas, and geothermal wells in the state. Neither the commission, local government, port governing body, or special district shall establish or impose such regulatory controls that duplicate or exceed controls established by the Geologic Energy Management Division pursuant to specific statutory requirements or authorization.This section shall not be construed to limit in any way, except as specifically provided, the regulatory controls over oil and gas development pursuant to Chapters 7 (commencing with Section 30600) and 8 (commencing with Section 30700).
(b) The Geologic Energy Management Division
of the Department of Conservation shall cooperate with the commission by providing necessary data and technical expertise regarding proposed well operations within the coastal zone.
SEC. 18.
Section 30420 of the Public Resources Code is amended to read:30420.
Before taking any action on (1) a local coastal program or any amendment thereto, (2) any coastal development permit, or (3) any consistency determination or certification, that relates to the disposal of hazardous substances at sea, the commission shall consult with the following governmental entities:(a) Department of Toxic Substances Control.
(b) State Lands Commission.
(c) State Air Resources Board and relevant air
pollution control districts or air quality management districts.
(d) Department of Fish and
Wildlife.
(e) State Water Resources Control Board and relevant California regional water quality control boards.
(f) Secretary for Environmental Protection.
(g) Governor’s Office of Planning and Research.
(h) The local government located closest to the proposed activity, or within whose jurisdiction the activity is proposed, or within whose jurisdiction there may be effects of the proposed activity.
SEC. 19.
Section 30600.5 of the Public Resources Code is amended to read: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 that may be necessary for the project requiring the permit. Within 60 days before assumption of authority for issuance of coastal development permits pursuant to this section, the local government shall provide drafts of all procedures for issuance of coastal development permits to the executive director of the commission. Delegation of the authority to issue coastal development permits pursuant to subdivision (b) shall not occur until the local government has provided copies of
all the adopted procedures for the issuance of coastal development permits to the executive director of the commission. Any amendments to the procedures shall also be furnished to the executive director for their
information.
(f) Prior to the delegation of authority to issue coastal development permits as provided in subdivision (b), a local government, after appropriate notice and hearing, shall adopt an ordinance prescribing the procedures to be used in issuing coastal development permits. Each ordinance shall incorporate at least the minimum standards for public notice, hearings, and appeals established by the commission pursuant to subdivision (e). In addition, each ordinance shall contain provisions
that prohibit the issuance of a coastal development permit for any development that may conflict with the ordinances that are being prepared to implement the certified land use plan.
(g) In order to expedite certification of complete local coastal programs and the transfer of coastal development controls to local government, the commission shall, on request from a local government, prepare the ordinances necessary for 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.
SEC. 20.
Section 30610.6 of the Public Resources Code is amended to read: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 before
their deposit in escrow to be legally sufficient to convey to the State Coastal Conservancy enforceable and nonexclusive public use easements free and clear of liens and encumbrances for the easements specifically described in this subdivision. Upon deposit of five hundred thousand dollars ($500,000) into the same escrow account by the State Coastal Conservancy, but in no event later than 30 days after the deeds and other necessary documents have been deposited in the escrow account, the escrow agent shall transmit the five hundred thousand dollars ($500,000), less the escrow, title, and administrative costs of the State Coastal Conservancy, in an amount not to exceed twenty thousand dollars ($20,000), to the Sea Ranch Association and shall convey the deeds and other necessary documents to the State Coastal Conservancy. The conservancy shall subsequently convey the deeds and other necessary documents to an appropriate public agency that is authorized and agrees to accept the easements. The
deeds specified in this subdivision shall be for the following easements:
(1) In Unit 34A, a 30-foot wide vehicle and pedestrian access easement from a point on State Highway 1, 50 feet north of 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 escrow pursuant to subdivision (c) have been conveyed to the State Coastal Conservancy, the commission shall refund every Sea Ranch
“environmental deposit” together with any interest earned on the deposit to the person, or
the person’s designee, who paid the deposit.
(k) Notwithstanding any other provision of law, on and after the date on which the deeds and other necessary documents deposited in escrow pursuant to subdivision (c) have been conveyed to the State Coastal Conservancy, a coastal development permit shall not be required pursuant to this division for the construction of any single-family residence dwelling on any vacant, legal lot existing at the Sea Ranch on the effective date of this section. With respect to any other development for which a coastal development permit is required within legally existing lots at the Sea Ranch, no conditions may be imposed pursuant to this division that impose additional public access requirements or that relate to supplemental water supply facilities, septic tank systems, or internal road realignment.
(l) Notwithstanding any other provision of law, if on July 1, 1981, deeds and other necessary documents that are legally sufficient to convey the easements specified in subdivision (c) have not been deposited in an escrow account, the provisions of this section shall no longer be operative and shall have no force or effect and thereafter all the provisions of this division in effect before enactment of this section shall again be applicable to any development within the Sea Ranch.
(m) The Legislature hereby finds and declares that the provisions for the settlement of this dispute, especially with respect to public access, as set forth in this section provide an alternative to and are equivalent to the provisions set forth in Section
30610.3. The Legislature further finds that the provisions of this section are not in lieu of the permit and planning requirements of this division but rather provide for an alternative mechanism to Section 30610.3 for the resolution of outstanding issues at the Sea Ranch.
SEC. 21.
Section 30801 of the Public Resources Code is amended to read:30801.
(a) Any aggrieved person shall have a right to judicial review of any decision or action of the commission by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 60 days after the decision or action has become final.(b) For
purposes of this section and subdivision (c) of Section 30513 and Section 30625, an “aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the commission, local government, or port governing body in connection with the decision or action appealed, or who, by other appropriate means before a hearing, informed the commission, local government, or port governing body of the nature of
their concerns or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a permit and, in the case of an approval of a local coastal program, the local government involved.
