Article 1 - General Provisions

California Public Resources Code — §§ 30600-30617

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Sections (46)

Amended by Stats. 1996, Ch. 825, Sec. 7. Effective January 1, 1997.

(a)Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person, as defined in Section 21066, wishing to perform or undertake any development in the coastal zone, other than a facility subject to Section 25500, shall obtain a coastal development permit.

(b)(1) Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5, establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. Those procedures may be incorporated and made a part of the procedures relating to any other appropriate land use development permit issued by the local government.

(2)A coastal development permit from a local government shall not be required by this subdivision for any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required.

(c)If prior to certification of its local coastal program, a local government does not exercise the option provided in subdivision (b), or a development is not subject to the requirements of subdivision (b), a coastal development permit shall be obtained from the commission or from a local government as provided in subdivision (d).

(d)After certification of its local coastal program or pursuant to the provisions of Section 30600.5, a coastal development permit shall be obtained from the local government as provided for in Section 30519 or Section 30600.5.

(e)This section does not apply to any of the following projects, except that notification by the agency or public utility performing any of the following projects shall be made to the commission within 14 days from the date of the commencement of the project:

(1)Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(2)Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This paragraph does not exempt from this section any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.

§ 30600.1

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

(a)In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.

(b)In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing which were imposed by the commission as part of its approval, the applicant shall do either of the following:

(1)Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.

(2)Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.

(c)In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.

§ 30600.5

Amended by Stats. 2025, Ch. 102, Sec. 7. (SB 856) Effective January 1, 2026. Conditionally inoperative as provided in subd. (j).

(a)Before 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 of the land use plan, 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)Before 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 Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended.

§ 30600.6

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

(a)The Legislature finds that some new cost may be incurred by local governments when the authority to issue coastal development permits is delegated to these local governments as provided in Section 30600.5. It is the intent of the Legislature that during the period prior to certification of a local government’s local coastal program these new costs shall be funded as provided in this section.

(b)If a local government has been delegated authority to issue coastal development permits as provided in Section 30600.5, any new costs incurred by reason thereof shall be recovered from fees charged to individual permit applicants. Such fees shall cover only those costs which meet all of the following criteria:

(1)The costs are attributable to the actual issuance of coastal development permits, including a pro rata share of general administrative costs.

(2)The costs would not have been incurred except for the delegation of authority to issue coastal development permits as provided in Section 30600.5.

(3)The costs are of a type which would not normally be incurred by the local government in carrying out its land use planning and regulatory responsibilities pursuant to other provisions of law.

(c)A local government may elect not to levy fees as provided in this section. If the local government does not levy such fees, it shall not be eligible to be reimbursed for such costs pursuant to other provisions of law.

(d)After certification of its local coastal program, each respective local government shall be reimbursed for costs associated with implementation of that local coastal program as provided in Article 4 (commencing with Section 30350) of Chapter 4.

§ 30600.7

Added by Stats. 1991, Ch. 535, Sec. 2.

Where, prior to delegation of coastal permit authority pursuant to Section 30519, a modification of a refinery facility or petrochemical facility is necessary to comply with a goal, policy, or requirement of an air pollution control district, the State Air Resources Board, or the Environmental Protection Agency to provide for reformulated or alternative fuels, that modification shall require a coastal development permit from the commission only, notwithstanding the option afforded local governments under subdivision (b) of Section 30600.

§ 30601

Amended by Stats. 1981, Ch. 1173, Sec. 21.

Prior to certification of the local coastal program and, where applicable, in addition to a permit from local government pursuant to subdivision (b) or (d) of Section 30600, a coastal development permit shall be obtained from the commission for any of the following:

(1)Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)Developments not included within paragraph (1) located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.

(3)Any development which constitutes a major public works project or a major energy facility.

§ 30601.3

Added by Stats. 2006, Ch. 294, Sec. 8. Effective January 1, 2007.

(a)Notwithstanding Section 30519, the commission may process and act upon a consolidated coastal development permit application if both of the following criteria are satisfied:

(1)A proposed project requires a coastal development permit from both a local government with a certified local coastal program and the commission.

(2)The applicant, the appropriate local government, and the commission, which may agree through its executive director, consent to consolidate the permit action, provided that public participation is not substantially impaired by that review consolidation.

(b)The standard of review for a consolidated coastal development permit application submitted pursuant to subdivision (a) shall follow Chapter 3 (commencing with Section 30200), with the appropriate local coastal program used as guidance.

(c)The application fee for a consolidated coastal development permit shall be determined by reference to the commission’s permit fee schedule.

(d)To implement this section, the commission may adopt guidelines, in the same manner as interpretive guidelines adopted pursuant to paragraph (3) of subdivision (a) of Section 30620.

§ 30601.4

Added by Stats. 2023, Ch. 386, Sec. 3. (SB 286) Effective January 1, 2024.

(a)(1) The commission shall process a consolidated coastal development permit for any new development that requires a coastal development permit and that is associated with, appurtenant to, or necessary for the construction and operation of offshore wind energy projects, and transmission facilities needed for those projects, located in the coastal zone, as defined in this division. Section 30601.3 applies to a consolidated coastal development permit pursuant to this section, except that paragraph (2) of subdivision (a) of Section 30601.3 does not apply, and provided that public participation is not substantially impaired by the review of the consolidated coastal development permit.

(2)Upon receipt of an application for

purposes of this subdivision, the commission shall forward the application to local governmental agencies having land use and related jurisdiction in the area in which the project would occur. The local governmental agencies may review the application and submit comments on, among other things, applicable provisions of the local coastal program and other appropriate aspects of the design, construction, or operation of the proposed site and related facility.

(3)The commission shall coordinate with affected local governmental agencies to incorporate or otherwise address their recommendations in the final consolidated coastal development permit, including measures to address impacts from offshore wind development and respond to community needs, consistent with this division.

(4)The commission shall engage with federally recognized and nonfederally recognized California Native

American tribes with fisheries that could be affected by future development associated with a lease for an offshore wind energy project on all elements of the lessees’ project development process, including measures to address impacts from offshore wind development and respond to community needs, consistent with the commission’s tribal consultation policy.

(5)To avoid duplication and to increase regulatory efficiency, the commission and the State Lands Commission shall coordinate with relevant local, state, and federal agencies to encourage and facilitate the preparation of joint environmental documents pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) for projects proposed pursuant to this section.

(b)(1) The State Lands

Commission shall be the lead agency for purposes of the California Environmental Quality Act for offshore wind energy projects pursuant to this division and shall prepare, or cause to be prepared, all environmental documents required by law.

(2)Paragraph (1) does not affect the determination of which entity shall serve as a lead agency for the purposes of the California Environmental Quality Act for projects undertaken pursuant to Chapter 8 (commencing with Section 30700).

§ 30601.5

Added by Stats. 1982, Ch. 43, Sec. 18. Effective February 17, 1982.

Where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the commission shall not require the holder or owner of any superior interest in the property to join the applicant as coapplicant. All holders or owners of any other interests of record in the affected property shall be notified in writing of the permit application and invited to join as coapplicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval.

§ 30602

Amended by Stats. 1995, Ch. 669, Sec. 1. Effective January 1, 1996.

Prior to certification of its local coastal program, any action taken by a local government on a coastal development permit application may be appealed by the executive director of the commission, any person, including the applicant, or any two members of the commission to the commission. The action shall become final at the close of business on the 20th working day from the date of receipt of the notice required by subdivision (c) of Section 30620.5, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local government’s action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.

§ 30603

Amended by Stats. 2025, Ch. 22, Sec. 64. (AB 130) Effective June 30, 2025.

(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:

(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.

(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the

top of the seaward face of any coastal bluff.

(3)(A) Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.

(B)This paragraph shall not apply to a residential development project.

(4)(A) Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).

(B)This paragraph shall not apply to a residential development project.

(C)For purposes of this paragraph, “coastal county” shall not include a local government

that is both a city and county.

(5)Any development that constitutes a major public works project or a major energy facility.

(b)(1) The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.

(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.

(c)An action described in subdivision (a) shall become final at the

close of business on the 10th working day from the date of receipt by the commission of the notice of the local government’s final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local government’s action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.

(d)(1) A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.

(2)(A) In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be

sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.

(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.

§ 30603.1

Added by Stats. 1982, Ch. 43, Sec. 20. Effective February 17, 1982.

(a)In any city and county which so requests, the commission may adjust the inland boundary of the area within which the issuance of coastal development permits may be appealed to the commission pursuant to paragraph (1) of subdivision (a) of Section 30603. Any such adjustment shall be made solely to avoid the circumstance of having the boundary of that area bisect an individual parcel of property. The adjustment may be made landward or seaward, but shall be the minimum distance necessary, consistent with the policies of Chapter 3 (commencing with Section 30200), to avoid bisecting a parcel of property.

(b)If the commission subsequently finds that the circumstances which warranted a boundary adjustment pursuant to subdivision (a) have changed, it may, after notice to the city and county, readjust the boundary so that it is consistent with the changed circumstances. The requirements of subdivision (a) shall apply to any such boundary adjustment.

§ 30604

Amended by Stats. 2016, Ch. 578, Sec. 4. (AB 2616) Effective January 1, 2017.

(a)Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with Chapter 3 (commencing with Section 30200) and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200). A denial of a coastal development permit on grounds it would prejudice the ability of the local government to prepare a local coastal program that is in conformity with Chapter 3 (commencing with Section 30200) shall be accompanied by a specific finding that sets forth the basis for that conclusion.

(b)After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program.

(c)Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that the development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200).

(d)No development or any portion thereof that is outside the coastal zone shall be subject to the coastal development permit requirements of this division, nor shall anything in this division authorize the denial of a coastal

development permit by the commission on the grounds the proposed development within the coastal zone will have an adverse environmental effect outside the coastal zone.

(e)No coastal development permit may be denied under this division on the grounds that a public agency is planning or contemplating to acquire the property, or property adjacent to the property, on which the proposed development is to be located, unless the public agency has been specifically authorized to acquire the property and there are funds available, or funds that could reasonably be expected to be made available within one year, for the acquisition. If a permit has been denied for that reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for the development on grounds that the property, or adjacent property, is to be acquired by a public agency when the application for such a development is

resubmitted.

(f)The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low- and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code, the issuing agency, or the commission on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program.

(g)The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone.

(h)When acting on a coastal development permit, the issuing agency, or the commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.

§ 30605

Amended by Stats. 2025, Ch. 256, Sec. 1. (AB 357) Effective January 1, 2026.

(a)To promote greater efficiency for the planning of any public works or state university or college or private university development projects, and as an alternative to project-by-project review, public works plans or state university or college or private university long-range development plans may be submitted to the commission for review in the same manner prescribed for the review of local coastal programs as set forth in Chapter 6 (commencing with Section 30500).

(b)If a public works plan or long-range development plan is submitted before certification of the local coastal programs for the jurisdictions affected by the proposed plan, the commission shall certify whether the proposed plan is consistent with Chapter 3 (commencing with Section 30200).

(c)The commission shall, by regulation, provide for the submission and distribution to the public, before public hearings on a proposed public works plan or long-range development plan, detailed environmental information sufficient to enable the commission to determine the consistency of the plan with the policies of this division.

(d)If a public works plan is submitted after the certification of local coastal programs, the plan shall be certified by the commission only if it finds, after full consultation with the affected local governments, that the proposed plan is in conformity with certified local coastal programs in jurisdictions affected by the proposed public works.

(e)Each state university or college or private university shall coordinate and consult with local government in the preparation of long-range

development plans so as to be consistent, to the fullest extent feasible, with the appropriate local coastal program.

(f)Where a public works plan or long-range development plan has been certified by the commission, any subsequent review by the commission of a specific project contained in the certified plan shall be limited to imposing conditions consistent with Sections 30607 and 30607.1.

(g)(1) When considering the certification of, or an amendment to, a long-range development plan, the commission shall prioritize the provision of active transportation and public transportation facilities over vehicle parking spaces.

(2)For student, faculty, or staff housing facilities proposed for inclusion in a long-range development plan, or subject to commission review under a long-range development

plan, the commission shall defer to the state university or college or private university in determining the number of vehicle parking spaces necessary for residents of those facilities.

(h)A certified long-range development plan may be amended by the state university or college or private university, but no amendment shall take effect until it has been certified by the commission. Any proposed amendment shall be submitted to, and processed by, the commission in the same manner as prescribed for amendment of a local coastal program.

§ 30605.1

Added by Stats. 2025, Ch. 256, Sec. 2. (AB 357) Effective January 1, 2026.

(a)The executive director of the commission may determine that a proposed amendment to a public works plan or long-range development plan submitted by a state university or college or private university is de minimis if the executive director determines that the proposed amendment would have no impact, either individually or cumulatively, on coastal resources and is consistent with the policies of Chapter 3 (commencing with Section 30200).

(b)(1) The executive director shall make a determination as to whether the proposed amendment is de minimis within 10 working days of the date of a complete submittal by the state university or college or private university. If the proposed amendment is determined to be de minimis, the

proposed amendment shall be noticed in the agenda of the next regularly scheduled meeting of the commission.

(2)If three members of the commission object to the executive director’s determination that the proposed amendment is de minimis, the proposed amendment shall be set for public hearing in accordance with the procedures specified by regulation for amendments to public works plans and long-range development plans or, at the request of the state university or college or private university, be returned to the state university or college or private university. If the proposed amendment is set for public hearing, any applicable time requirements shall commence from the date on which the objection to the de minimis determination was made.

(3)If three or more members of the commission do not object to the de minimis determination, the amendment shall become part of the certified

public works plan or long-range development plan upon adjournment of the commission meeting on that date.

§ 30605.2

Added by Stats. 2025, Ch. 256, Sec. 3. (AB 357) Effective January 1, 2026.

The commission shall track and publish on a public portion of its internet website any public works plans or long-range development plans, amendments to public works plans or long-range development plans, and notices of impending development submitted by a state university or college or private university to the commission for approval. Information provided to the public shall include at least a description of the plan, plan amendment, or notice of impending development, the status of the plan, plan amendment, or notice of impending development in the approval process, any conditions imposed by the commission for approval of the plan, plan amendment, or notice of impending development, and the length of time to approval or denial of the plan, plan amendment, or notice of impending development. Information on the internet website

shall be updated no less than monthly.

§ 30606

Amended by Stats. 1983, Ch. 600, Sec. 2.

Prior to the commencement of any development pursuant to Section 30605, the public agency proposing the public works project, or state university or college or private university, shall notify the commission and other interested persons, organizations, and governmental agencies of the impending development and provide data to show that it is consistent with the certified public works plan or long-range development plan. No development shall take place within 30 working days after the notice.

§ 30607

Added by Stats. 1976, Ch. 1330.

Any permit that is issued or any development or action approved on appeal, pursuant to this chapter, shall be subject to reasonable terms and conditions in order to ensure that such development or action will be in accordance with the provisions of this division.

§ 30607.1

Amended by Stats. 1992, Ch. 1088, Sec. 1. Effective September 29, 1992.

Where any dike and fill development is permitted in wetlands in conformity with Section 30233 or other applicable policies set forth in this division, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action; provided, however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface areas shall be dedicated to an appropriate public agency, or the replacement site shall be purchased before the dike or fill development may proceed. The mitigation measures shall not be required for temporary or short-term fill or diking if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time.

§ 30607.2

Amended by Stats. 1984, Ch. 1500, Sec. 1.

(a)Conditions requiring housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, which were incorporated into a coastal development permit issued prior to January 1, 1982, may, at the request of the permittee, be amended or modified by the commission or by a local government having the authority to issue coastal development permits. In approving those amendments or modifications, only those conditions and requirements authorized by Section 65590 of the Government Code may be imposed on the permittee.

(b)Any person who, prior to January 1, 1982, has been issued a coastal development permit which contains requirements for low- and moderate-income housing but who, prior to January 1, 1982, has not performed substantial work on the development site (such as grading, installation of streets, sewers, or utilities, or construction of major buildings) may elect to proceed under either of the following options:

(1)To proceed pursuant to all of the requirements of the coastal development permit, in which event the provisions of subdivision (a) shall apply to any subsequent request to amend or alter the coastal development permit in regard to housing requirements.

(2)To proceed without complying with the housing requirements contained in the coastal development permit, in which event the housing requirements for the development shall be governed by Section 65590 of the Government Code.

(c)No new coastal development permit or amendment to any existing permit for a sewer project shall be denied, restricted, or conditioned by the commission in order to implement housing policies or programs.

(d)Nothing in this section authorizes or requires the modification of or amendment to any terms or conditions of any previously issued coastal development permit which guarantees housing opportunities for persons and families of low or moderate income where the term or condition has been met through an agreement executed and recorded on or before January 1, 1982, between an applicant and the commission. For previously approved or issued permits which involve new construction of less than 10 residential units, an executed and recorded agreement guaranteeing housing opportunities for persons or families of low or moderate income, which has not been implemented by the transfer of an interest in real property or payment of a fee to a public agency or nonprofit association for the purpose of providing these housing opportunities, shall be voided if the applicant records the notice provided by the executive director of the commission. Further, nothing in this section impairs the commission’s authority to deny, restrict, or condition new permits or amendments to existing permits based on any requirement of this division.

(e)Nothing in this section authorizes or requires the modification of or amendment to any terms or conditions in Permit #P-80-419 issued by the commission with respect to the reservation or administration of sewer capacity for affordable housing in the San Mateo County local coastal program.

§ 30607.5