reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30414.

30414. (a) The State Air Resources Board and air pollution control districts established pursuant to state law and consistent with requirements of federal law are the principal public agencies responsible for the establishment of ambient air quality and emission standards and air pollution control programs. The provisions of this division do not authorize the commission or any local government to establish any ambient air quality standard or emission standard, air pollution control program or facility, or to modify any ambient air quality standard, emission standard, or air pollution control program or facility which has been established by the state board or by an air pollution control district.
(b) Any provision of any certified local coastal program which establishes or modifies any ambient air quality standard, any emission standard, any air pollution control program or facility shall be inoperative.
(c) The State Air Resources Board and any air pollution control district may recommend ways in which actions of the commission or any local government can complement or assist in the implementation of established air quality programs.
(Amended by Stats. 1982, Ch. 1246, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30415.

30415. The Director of the Office of Planning and Research shall, in cooperation with the commission and other appropriate state agencies, review the policies of this division. If the director determines that effective implementation of any policy requires the cooperative and coordinated efforts of several state agencies, the director shall, no later than July 1, 1978, and from time to time thereafter, recommend to the appropriate agencies actions that should be taken to minimize potential duplication and conflicts and which could, if taken, better achieve effective implementation of such policy. The director shall, where appropriate and after consultation with the affected agency, recommend to the Governor and the Legislature how the programs, duties, responsibilities, and enabling legislation of any state agency should be changed to better achieve the goals and policies of this division.
(Amended by Stats. 2021, Ch. 50, Sec. 261. (AB 378) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30416.

30416. (a) The State Lands Commission, in carrying out its duties and responsibilities as the state agency responsible for the management of all state lands, including tide and submerged lands,, in accordance with the provisions of Division 6 (commencing with Section 6001), shall, prior to certification by the commission pursuant to Chapters 6 (commencing with Section 30500) and 8 (commencing with Section 30700) review, and may comment on any proposed local coastal program or port master plan that could affect state lands.
(b) No power granted to any local government, port governing body, or special district, under this division, shall change the authority of the State Lands Commission over granted or ungranted lands within its jurisdiction or change the rights and duties of its lessees or permittees.
(c) Boundary settlements between the State Lands Commission and other parties and any exchanges of land in connection therewith shall not be a development within the meaning of this division.
(d) Nothing in this division shall amend or alter the terms and conditions in any legislative grant of lands, in trust, to any local government, port governing body, or special district; provided, however, that any development on such granted lands shall, in addition to the terms and conditions of such grant, be subject to the regulatory controls provided by Chapters 7 (commencing with Section 30600) and 8 (commencing with Section 30700).
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30417.

30417. (a) In addition to the provisions set forth in Section 4551.5, this section shall apply to the State Board of Forestry and Fire Protection.
(b) Within 180 days after January 1, 1977, the commission shall identify special treatment areas within the coastal zone to ensure that natural and scenic resources are adequately protected. The commission shall forward to the State Board of Forestry and Fire Protection maps of the designated special treatment areas together with specific reasons for those designations and with recommendations designed to assist the State Board of Forestry and Fire Protection in adopting rules and regulations that adequately protect the natural and scenic qualities of the special treatment areas.
(Amended by Stats. 1998, Ch. 972, Sec. 25. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30418.

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.
(Amended by Stats. 2022, Ch. 97, Sec. 17. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30419.

30419. The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone.
If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commission’s request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.
(Amended by Stats. 2015, Ch. 113, Sec. 11. (AB 1528) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30420.

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.
(Amended by Stats. 2022, Ch. 97, Sec. 18. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30421.

30421. State and regional agencies shall identify, assess, and, to the extent feasible and consistent with their statutory authorities, avoid, minimize, and mitigate the impacts of sea level rise.
(Added by Stats. 2021, Ch. 236, Sec. 3. (SB 1) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30500.

30500. (a) Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction. However, any local government may request, in writing, the commission to prepare a local coastal program, or a portion thereof, for the local government. Each local coastal program prepared pursuant to this chapter shall contain a specific public access component to assure that maximum public access to the coast and public recreation areas is provided.
(b) Amendments to a local general plan for the purpose of developing a certified local coastal program shall not constitute an amendment of a general plan for purposes of Section 65358 of the Government Code.
(c) The precise content of each local coastal program shall be determined by the local government, consistent with Section 30501, in full consultation with the commission and with full public participation.
(Amended by Stats. 1984, Ch. 1009, Sec. 42.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30501.

30501. The commission shall adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, including, but not limited to, all of the following:
(a) A common methodology for the preparation of, and the determination of the scope of, the local coastal programs, taking into account the fact that local governments have differing needs and characteristics.
(b) Recommended uses that are of more than local importance that should be considered in the preparation of local coastal programs. Those uses may be listed generally or the commission may, from time to time, recommend specific uses for consideration by a local government.
(c) Recommendations and guidelines, which shall be periodically updated by the commission to incorporate new information as it becomes available, for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, taking into account local and regional conditions and the differing capacities and funding available to local governments.
(Amended by Stats. 2021, Ch. 236, Sec. 4. (SB 1) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30502.

30502. (a) The commission, in consultation with affected local governments and the appropriate regional commissions, shall, not later than September 1, 1977, after public hearing, designate sensitive coastal resource areas within the coastal zone where the protection of coastal resources and public access requires, in addition to the review and approval of zoning ordinances, and the review and approval by the regional commissions and commission of other implementing actions.
(b) The designation of each sensitive coastal resource area shall be based upon a separate report prepared and adopted by the commission which shall contain all of the following:
(1) A description of the coastal resources to be protected and the reasons why the area has been designated as a sensitive coastal resource area.
(2) A specific determination that the designated area is of regional or statewide significance.
(3) A specific list of significant adverse impacts that could result from development where zoning regulations alone may not adequately protect coastal resources or access.
(4) A map of the area indicating its size and location.
(c) In sensitive coastal resource areas designated pursuant to this section, a local coastal program shall include the implementing actions adequate to protect the coastal resources enumerated in the findings of the sensitive coastal resource area report in conformity with the policies of this division.
(Amended by Stats. 1976, Ch. 1331.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30502.5.

30502.5. The commission shall recommend to the Legislature for designation by statute those sensitive coastal resource areas designated by the commission pursuant to Section 30502. Recommendation by the commission to the Legislature shall place the described area in the sensitive coastal resource area category for no more than two years, or a shorter period if the Legislature specifically rejects the recommendation. If two years pass and a recommended area has not been designated by statute, it shall no longer be designated as a sensitive coastal resource area. A bill proposing such a statute may not be held in committee, but shall be reported from committee to the floor of each respective house with its recommendation within 60 days of referral to committee.
(Amended by Stats. 1976, Ch. 1440.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30503.

30503. During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special districts, shall be provided maximum opportunities to participate. Prior to submission of a local coastal program for approval, local governments shall hold a public hearing or hearings on that portion of the program which has not been subjected to public hearings within four years of such submission.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 1 - Local Coastal Program › Section 30504.

30504. Special districts, which issue permits or otherwise grant approval for development or which conduct development activities that may affect coastal resources, shall submit their development plans to the affected local government pursuant to Section 65401 of the Government Code. Such plans shall be considered by the affected local government in the preparation of its local coastal program.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30510.

30510. Consistent with this chapter, a proposed local coastal program may be submitted to the commission, if both of the following are met:
(a) It is submitted pursuant to a resolution adopted by the local government, after public hearing, that certifies the local coastal program is intended to be carried out in a manner fully in conformity with this division.
(b) It contains, in accordance with guidelines established by the commission, materials sufficient for a thorough and complete review.
(Amended by Stats. 1991, Ch. 285, Sec. 27.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30511.

30511. Local coastal programs shall be submitted in accordance with the schedule established pursuant to Section 30517.5. At the option of the local government, this program may be submitted and processed in any of the following ways:
(a) At one time, in which event Section 30512 with respect to time limits, resubmission, approval, and certification shall apply. However, the zoning ordinances, zoning district maps, and, if required, other implementing actions included in the local coastal program shall be approved and certified pursuant to the standards of Section 30513.
(b) In two phases, in which event the land use plans shall be processed first pursuant to Section 30512, and the zoning ordinances, zoning district maps, and, if required, other implementing actions, shall be processed thereafter pursuant to Section 30513.
(c) In separate geographic units consisting of less than the local government’s jurisdiction lying within the coastal zone, each submitted pursuant to subdivision (a) or (b), if the commission finds that the area or areas proposed for separate review can be analyzed for the potential cumulative impacts of development on coastal resources and access independently of the remainder of the affected jurisdiction.
(Amended by Stats. 1991, Ch. 285, Sec. 28.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30512.2.

30512.2. The following provisions shall apply to the commission’s decision to certify or refuse certification of a land use plan pursuant to Section 30512:
(a) The commission’s review of a land use plan shall be limited to its administrative determination that the land use plan submitted by the local government does, or does not, conform with the requirements of Chapter 3 (commencing with Section 30200). In making this review, the commission is not authorized by any provision of this division to diminish or abridge the authority of a local government to adopt and establish, by ordinance, the precise content of its land use plan.
(b) The commission shall require conformance with the policies and requirements of Chapter 3 (commencing with Section 30200) only to the extent necessary to achieve the basic state goals specified in Section 30001.5.
(Added by Stats. 1981, Ch. 1173, Sec. 13.6.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30513.

30513. (a) The local government shall submit to the commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are required pursuant to this chapter.
(b) If within 60 working days after receipt of the zoning ordinances, zoning district maps, and other implementing actions, the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. The commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection specifying the provisions of land use plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out together with its reasons for the action taken.
(c) The commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director.
(d) The local government may elect to meet the commission’s rejection in a manner other than as suggested by the commission and may then resubmit its revised zoning ordinances, zoning district maps, and other implementing actions to the commission.
(e) If a local government requests that the commission not suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing ordinances, the commission shall not do so.
(Amended by Stats. 2018, Ch. 742, Sec. 17. (SB 1493) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30514.1.

30514.1. The commission shall adopt the findings or provide a written explanation or written notice, as appropriate, required by Sections 30512, 30512.2, and 30513 to support its action no later than 60 days after the date on which action was taken.
(Amended by Stats. 2004, Ch. 746, Sec. 7. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30515.

30515. Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.
If the local government does not amend its local coastal program, such person may file with the commission a request for amendment which shall set forth the reasons why the proposed amendment is necessary and how such amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do otherwise would adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet such need, and that the proposed amendment is in conformity with the policies of this division.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30516.

30516. (a) Approval of a local coastal program shall not be withheld because of the inability of the local government to financially support or implement any policy or policies contained in this division; provided, however, that this shall not require the approval of a local coastal program allowing development not in conformity with the policies in Chapter 3 (commencing with Section 30200).
(b) Where a certified port master plan has been incorporated in a local coastal program in accordance with Section 30711 and the local coastal program is disapproved by the commission, that disapproval shall not apply to the certified port master plan.
(Amended by Stats. 1991, Ch. 285, Sec. 29.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30517.

30517. The commission may extend, for a period of not to exceed one year, except as provided for in Section 30518, any time limitation established by this chapter for good cause.
(Amended by Stats. 1991, Ch. 285, Sec. 30.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30517.5.

30517.5. (a) Within 60 days from the effective date of this section, the commission shall establish a schedule for the submittal of all land use plans that have not been submitted, pursuant to Section 30501, to a former regional commission or the commission on or before July 1, 1981. This schedule shall be based on the commission’s assessment, in consultation with local governments, of each local government’s current status and progress. The schedule shall specify that submittals may not be made sooner than nor later than certain specified dates and in no event later than January 1, 1983.
(b) If a local government fails to meet the schedule established pursuant to subdivision (a), the commission may take any of the following actions:
(1) Waive the deadlines for commission action on a submitted land use plan, or any portion thereof, as set forth in Sections 30511 and 30512.
(2) Prepare and adopt, after a public hearing but not sooner than January 1, 1984, a land use plan for the land area within the local government’s jurisdiction. After adoption of the land use plan, the commission shall determine the permissibility of proposed developments pursuant to the provisions of the adopted plan. The affected local government may choose to adopt, in whole or in part, the commission’s prepared and adopted land use plan in which event the commission shall certify the plan, in whole or in part, or it may continue to prepare its own land use plan consistent with the provisions of this chapter.
(3) Report the matter to the Legislature with recommendations for appropriate action.
(Amended by Stats. 1983, Ch. 747, Sec. 1. Effective September 13, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30517.6.

30517.6. (a) Within 30 days after the certification of a land use plan, or any portion thereof, the commission shall, after consultation with the appropriate local government, establish a date for that local government to submit the zoning ordinances, zoning district maps, and, where necessary, other implementing actions. In no event shall that date be later than January 1, 1984.
(b) If a local government fails to meet the schedule established pursuant to subdivision (a), the commission may waive the deadlines for commission action on submitted zoning ordinances, zoning district maps, and, where necessary, other implementing actions, as set forth in Sections 30511 and 30513.
(Added by Stats. 1981, Ch. 1173, Sec. 16.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30519.

30519. (a) Except for appeals to the commission, as provided in Section 30603, after a local coastal program, or any portion thereof, has been certified and all implementing actions within the area affected have become effective, the development review authority provided for in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the commission over any new development proposed within the area to which the certified local coastal program, or any portion thereof, applies and shall at that time be delegated to the local government that is implementing the local coastal program or any portion thereof.
(b) Subdivision (a) shall not apply to any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the coastal zone, nor shall it apply to any development proposed or undertaken within ports covered by Chapter 8 (commencing with Section 30700) or within any state university or college within the coastal zone; however, this section shall apply to any development proposed or undertaken by a port or harbor district or authority on lands or waters granted by the Legislature to a local government whose certified local coastal program includes the specific development plans for such district or authority.
(c) The commission may, from time to time, recommend to the appropriate local government local coastal program amendments to accommodate uses of greater than local importance, which uses are not permitted by the applicable certified local coastal program. These uses may be listed generally or the commission may recommend specific uses of greater than local importance for consideration by the appropriate local government.
(Amended by Stats. 1991, Ch. 285, Sec. 31.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30519.1.

30519.1. (a) This section shall apply only to those parcels and areas within the City of Carlsbad for which a local coastal program has been prepared and certified by the commission pursuant to subdivision (f) of Section 30170 or Section 30171.
(b) Any provisions of any such local coastal program with respect to housing for persons and families of low or moderate income shall have no force or effect after January 1, 1982. After that date, housing requirements for those parcels and areas shall be determined pursuant to Section 65590 of the Government Code.
(c) Until such time as, (i) the City of Carlsbad adopts or enacts the implementing actions contained in any such local coastal program, or (ii) other statutory provisions provide alternately for the adoption, certification, and implementation of a local coastal program for those parcels and areas, coastal development permits for those parcels and areas shall be issued by the commission as provided in this subdivision. Notwithstanding any other provision of this division, the commission shall issue a coastal development permit if it finds that a proposed development is in conformity with the certified local coastal program, exclusive of any provisions with respect to housing for persons and families of low or moderate income which have been rendered inoperative pursuant to subdivision (b).
(Added by Stats. 1982, Ch. 43, Sec. 14.5. Effective February 17, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30519.5.

30519.5. (a) The commission shall, from time to time, but at least once every five years after certification, review every certified local coastal program to determine whether such program is being effectively implemented in conformity with the policies of this division. If the commission determines that a certified local coastal program is not being carried out in conformity with any policy of this division it shall submit to the affected local government recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the affected local government’s local coastal program.
(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government and, if the recommended action is not taken, the local government shall, within one year of such submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy or policies of this division.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30520.

30520. (a) If the application of any certified local coastal program, or any portion thereof, is prohibited or stayed by any court, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be exercised pursuant to the provisions of this section until a final court order has withdrawn such prohibition or stay. A coastal development permit shall be issued by the affected local government or the commission on appeal, if that local government or the commission on appeal finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) or the applicable certified land use plan if the court-ordered prohibition or stay applies only to the zoning ordinances, zoning district maps, or, where necessary, the other implementing actions which are required pursuant to this chapter. Any development approved by a local government pursuant to this subdivision may be appealed to the commission by any person, including the executive director or any commissioner during the period the permit provisions of this section are in effect.
(b) Until a local government has adopted an interim ordinance prescribing procedures for issuing coastal development permits in the circumstances described in subdivision (a), the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the commission. A coastal development permit shall be issued by the commission if the commission finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) or the applicable certified land use plan, if the court-ordered prohibition or stay applies only to zoning ordinances, zoning district maps, or, where necessary, the other implementing actions which are required pursuant to this chapter.
(c) The permit authority provided for in this section shall be limited to only those developments which would be affected by the court-ordered prohibition or stay.
(Amended by Stats. 1982, Ch. 43, Sec. 15. Effective February 17, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30522.

30522. Nothing in this chapter shall permit the commission to certify a local coastal program which provides for a lesser degree of environmental protection than that provided by the plans and policies of any state regulatory agency that are formally adopted by such agency, are used in the regulatory program of such agency, and are legally enforceable.
(Amended by Stats. 1979, Ch. 899.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30523.

30523. It is the intent of the Legislature that local coastal programs certified by the commission should be sufficiently specific to meet the requirements of Section 30108.5, but not so detailed as to require amendment and commission review for minor changes, or to discourage the assumption by local governments of postcertification authority which ensures and implements effective protection of coastal resources. The Legislature also recognizes that the applicable policies and the level of specificity required to ensure coastal resource protection may differ between areas on or near the shoreline and inland areas.
(Added by Stats. 1979, Ch. 899.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30525.

30525. (a) Every state agency that owns or manages land or water areas within the coastal zone, including public beaches, parks, natural areas, and fish and wildlife preserves, shall identify the sensitive resource values within those areas that are particularly susceptible to adverse impacts from nearby development that is not carefully planned. Every such agency shall also identify the location and type of development that would have a significant adverse impact on those sensitive resource values.
(b) Every agency subject to this section shall advise the appropriate local government of particular considerations that should be evaluated during the preparation of a local coastal program and which, in the opinion of such agency, may be necessary to protect identified sensitive resource values. In addition, the work undertaken pursuant to this section shall be completed in a timely manner in order to maximize the opportunity for the public, affected local governments, and the commission to consider this information fully during the preparation, review, and approval of the appropriate local coastal program.
(c) Work already completed pursuant to former Chapter 7 (commencing with Section 31300) of Division 21 of the Public Resources Code, added by Chapter 1441 of the Statutes of 1976, and in conformity with this section, that identifies sensitive resource values within publicly owned or managed land and water areas of the coastal zone shall be considered by local government and the commission in the course of carrying out this chapter.
(d) For purposes of this section, “sensitive resource values” means those fragile or unique natural resources which are particularly susceptible to degradation resulting from surrounding development, the adverse effects of which have not been carefully evaluated, mitigated, or avoided. Examples include, but are not limited to, environmentally sensitive areas, as defined in Section 30107.5, areas uniquely suited for scientific or educational purposes, and specific public recreation areas where the quality of the recreational experience is dependent on the character of the surrounding area.
(Amended by Stats. 1991, Ch. 285, Sec. 33.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 2 - Procedure for Preparation, Approval, and Certification of Local Coastal Programs › Section 30526.

30526. (a) Because of the intensity of development contemplated, the area’s steep topography and highly erodible soils, and the demonstrated impacts from development despite the utilization of mitigation measures, the Legislature finds that the threat from development to wetlands in the City of San Diego requires that a mitigation fee program be included in the city’s local coastal program. Therefore, the City of San Diego shall provide in its local coastal program for payment of a reasonable fee to the State Coastal Conservancy by applicants for a coastal development permit if the proposed development has, or is reasonably expected to have, a direct and significant effect on coastal resources within a specific geographic watershed in the coastal zone which can be mitigated through the incorporation of feasible onsite and offsite mitigation measures into the proposed development and through the mitigation fee program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be deposited in an account established by the State Coastal Conservancy . None of the funds in the account shall be appropriated for any purpose not specified in this section. Except as provided in this section, any fee paid pursuant to this section may only be used to restore, replace, or improve resources or ecological systems which are adversely affected by the proposed development and with respect to which the fee constitutes partial or total mitigation. Any fees established pursuant to this section are not required for any development that is undertaken by a public agency for the purpose of providing resource enhancement or public recreation. In the event that mitigation of all development impacts cannot be feasibly carried out within the watershed, the conservancy may, with the approval of the local government and the commission, complete the mitigation for the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los Penasquitos Lagoon area in the City of San Diego.
(Added by Stats. 1986, Ch. 198, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 3 - Coastal Public Access Program › Section 30530.

30530. It is the intent of the Legislature, consistent with the provisions of Chapter 9 (commencing with Section 31400) of Division 21, that a program to maximize public access to and along the coastline be prepared and implemented in a manner that ensures coordination among and the most efficient use of limited fiscal resources by federal, state, and local agencies responsible for acquisition, development, and maintenance of public coastal accessways. There is a need to coordinate public access programs so as to minimize costly duplication and conflicts and to assure that, to the extent practicable, different access programs complement one another and are incorporated within an integrated system of public accessways to and along the state’s coastline. The Legislature recognizes that different public agencies are currently implementing public access programs and encourages such agencies to strengthen those programs in order to provide yet greater public benefits.
(Added by Stats. 1979, Ch. 840.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 3 - Coastal Public Access Program › Section 30532.

30532. The commission may enter into agreements with or issue grants to any public agency for the purpose of assisting the commission in meeting the requirements of this article. The commission shall, to the extent available funding permits, enter into agreements with those state agencies that currently operate some form of public coastal access program for the purpose of completing the inventory required by subdivision (a) of Section 30531. The commission shall enter into an agreement with the State Coastal Conservancy to provide the funding necessary for the conservancy to carry out its responsibilities pursuant to this article and Chapter 9 (commencing with Section 31400) of Division 21.
(Added by Stats. 1979, Ch. 840.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 6 - Implementation › ARTICLE 3 - Coastal Public Access Program › Section 30534.

30534. The commission shall, within 10 days after receiving evidence of recordation of any offer to dedicate real property for access to or along the coast, which dedication was required as a condition to the issuance of a coastal development permit, forward a copy of such evidence and a description of such real property to the Department of Parks and Recreation, the State Coastal Conservancy, and the State Lands Commission.
(Added by Stats. 1979, Ch. 840.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 7 - Development Controls › ARTICLE 1 - General Provisions › Section 30600.1.

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.
(Added by Stats. 1982, Ch. 43, Sec. 15.5. Effective February 17, 1982.)