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OF CO State of California 01-14'T / Coastal Management Program and Revised @ArEs Of Draft Environmental Impact Statement U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management JUN 10, 7 N. R.- SA I . . . . . . . . . . . . SANT NIONTERE 6'M PACWIC OCEAN ' er, P" 444 SANTA a a VENT LLL ----------- -- S DIEG California Coastal Zone NO/ ot"l OP C. _&W UNITED STATES DEPARTMENT OF COMMERCE The Assistant Secretary for Science and Technology Washington, D.C. 20230 '47 0, In,accordahce with the provisions of Section 102(2)(c) of the National Environmental Policy Act of 1969, we are enclosing for your review and consideration the revised draft environ- mental impact statement prepared by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce on the California Coastal Management Program. Two public hearings have been scheduled. The first hearing will be held at the Airport Marina Hotel, 8601 Lincoln Boulevard, Los Angeles,, California at 7:30 p.m. to 10:30,p.m., Thursday, May 19, 1977. The second hearing will be held in the Hearing Room at the State Office Building, 455 Golden Gate Avenue, San Francisco, California at 7:30 p.m. to 10:30 p.m. Any written comments you may have should be submitted in duplicate to the person listed below by May 30, 1977. if you have any questions about the enclosed statement, please feel free to contact: Mr. Grant Dehart Office of Coastal Zone Management 3300 Whitehaven Street, N.W. Washington, D.C. 20235 Telephone: 202/634-4235 Thank you for your cooperation in'this matter. Sincerely, -"Z-Opert, of CSC Li Sidney R. G ller Deputy Assistant Secretary for Environmental Affairs C7 Sioney R. G 1 Enclosure 0 UNITED STATES DEPARTMENT OF COMMERCE, COMBINE) STATE OF CALIFORNIA COASTAL MANAGEMENT PROGRAM AND REVISED DRAFT ENVIRONMENTAL IMPACT STATMENT PREPARED BY: OFFICE OF COASTAL ZONE MANAGEMENT NATIONAL OCEANIC AND ATMOSPHERIc ADMINISTRATION 3300 WHITEHAVEN STREET N.W. WASHINGTON, D.C. 20235 AND CALIFORNIA COASTAL COMMISSION NEW MARKET STREET SAN FRANCISCO, CA 94104 Property of CSC Library NOTE TO READERS This edition of the draft environmental impact statement (EIS) acconpanies the California Coastal Management Program approved by the State last year. It replaces an earlier impact statement submitted to the Council on Environmental Quality in September 1976. The changes made by the California Legislature in the course of adoption of the California Coastal Act of 1976 necessitate this reissue of the EIS. The Federal action contemplated is final approvalof the California Coastal Management Program under Section 306 of the Federal Coastal Zone Management Act of 1972. An immediate effect of approval is the qualification of the State for Federal matching funding for use in administering the program. For pur- poses of this action, the key concerns are: � whether or not the objectives and policies of the California program are in harmony with the 'objectives and policies of the national legislation,- � whether the State program is designed to met those objectives, � whether the award of Federal matching funds under Section 306 of the Federal Act will help California meet those objectives, and � whether them will be a net environmental gain from program implementation. The Office of Coastal Zone Management believes the answers to these key questions are affirmative. The office wants the widest possible-circulation of this document to all interested agencies and parties in order to receive the fullest expression of opinion on these questions. The coastal zone management program submitted by the State of California has been highly publicized and an open process of involvement with all the various interest groups affected by comprehensive coastal resources management. The process of public and intergovernmental participation is described in this program. Because of this extensive involvenent during Proposition 20, the development of the California Coastal Plan, and the development of coastal legislation, the review of the State's program and this revised draft EIS should be able to be completed within the 45-day comment period required by the Council on Environmental Quality Guidelines. Therefore, it is not expected that time extensions for review will-be necessary. To those people whose time is limited in reviewing this EIS, the following sections are recom- mended -reading in order to understand the essential elements which we are attempting to convey to the public. Part I, Section C. - Summary of the California Coastal Management Program Part II, Chapter 3 - Program Objectives and General Management Policies 4 - The Coastal Management Area S - Land and Water Uses Subject to Management 13 - Citizen and Government Involvement in Program Development 14 - Continuing Development of the Management Program Part III, Sections A and C - Probable Impact of the Proposed Action on the Environment Appendix 1 The California.Coastal Act (SB 1277) and the Coastal Conservancy Act (AB 3S44) This.progralm is'of major importance, not only to California, but to the Nation. It is the third stateWideprogran submitted for final Federal approval and as such, will be observed closely by all with an interest in the future of the Nation's coastal areas. The California Coastal Commission and the Office of Coastal-Zone Management thank those participating in the review of the California program and this environmental impact statement. Summary (X) Revised Draft Environmental Impact Statement Final Environmental Impact Statement Department of Commerce, National Oceanic and-Atmospheric Administration, Office of Coastal Zone Management. For additional information about this proposed action or this statement, please contact: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Attn: Mr. Grant Dehart 3,300 Whitehaven St., N.W. Washington, D.C. 20235 Phone: 202/634-4235' 1. -Proposed Federal approval of the California Coastal Management Program (X).Administrative Legislative 2. It is proposed that the Secretary of Commerce approve the Coastal Management Program application of the State of California pursuant to P.L. 92-583. Approval would permit implementation of the proposed program, allowing program administration grants to be awarded to the State, and require that Federal actions be consistent with the program. 3. Approval and implementation of the program will restrict or prohibit certain land and water uses in parts of the California coast, while promoting and encouraging development and use activities in other parts. This may affect property values, property tax revenues, and resource extraction or exploration. The program will provide an improved decision-making process for determining coast- al land and water uses and siting,of facilities of national interest, and will lead to increased long-term protection of and benefit from the State's coastal resources. 4. Alternatives considered: A. Federal - The Secretary of Commerce could delay or deny appr@val under the following conditions: 1. If Federal agency views were not adequately considered or the program does not meet the requirements of the Coastal Zone Management AcV. 2. If.there is no adequate assurance of the program with the San Francisco Bay Coastal Management Program. 3. If the State does not have the adequate interim authorities necessary to implement the program while local coastal programs are submitted and certified. B. State 4. The State could withdraw the approval application and continue program development or,attempt to use other sources of funding to meet the,objectives of the State's shoreline and related coastal management program. S. The State could amend the coastal management program.' S. List of all Federal, State, and local agencies and other parties from which commen ts have been -requested: Federal Advisory Council of Historic Preservation- Council on EnviroTuaental Quality Department of Agriculture Agriculture Research Service Agricultural Stabilization and Conservation Service Forest Service Rural Electrification Administration Soil Conservation Service Department of Commerce Department of Defense Air Force Army Corps of Engineers Navy Federal (cont.) Department of Health, Education, and Welfare Public @]ealth Service Department of Housing and Urban Development Department of the Interior Bonneville Power Administration Bureau of Land Management (public lands) Bureau of Mines Bureau of Outdoor Recreation. Bureau of Reclamation Fish and Wildlife Service Geological Survey National Historic Preservation Officer National Park Service Office of Oil and Gas Department of Justice Department of State Department of Transportation Coast Guard Federal Aviation Administration FederaltRailroad Administration Transport and Pipeline Safety Secretarial Representative, Region IX Department of Treasury Assistant Secretary for Administration Energy Research and Development Administration romike Envi ntal Protection Agency Regional Administrator, Region IX Federal Energy Administration Federal Power Commission General Services Administration National Aeronautics and Space Administration Nuclear Regulatory Commission U.S. Senate and House of Representatives Members of Congress representing coastal districts U.S. Water Resources Council State Governor State Clearinghouse Areawide Clearinghouses Association of Bay Area Governments Bay Area Air Pollution Control District Bay Area Sewage Service Agency Conservation Development and Planning Department, Napa Half Moon Marin County Planning San Mateo County Planning Department Sierra Club, San Francisco Sonoma County Planning Department California Coastal Commission Regional Commissions Central Coast Regional Commission North Central Coast Regional Commission North Coast Regional Commission San Diego Coast Regional Commission South Central Coast Regional Commission South Coast Regional Commission California Farm Bureau California State Lands Commission California Natural Resources Federation Department of Fish and Game Department of Parks and Recreation Senate Committee on Natural Resources and Wildlife Water Resources Department San Francisco Bay Conservation and Development Commission Department of Conservation Office of the Secretary'for Resources Department of Real Estate Department of Housing and Community Development Department of Navigation and Ocean Development Office of Planning and Research State Historic Preservation Officer California Coastal Conservancy Department of Transportation Public Utilities Commission Air Resources Board Local Counties and Cities Arcata Plannuig Director Association of Monterey Bay Area Governments Planning Department Foundation for Conservation, Inc. Bay Area Air Pollution Control District Carlsbad Assistant Planner Carpinteria Planning Director City of Eureka City of Grover City City of Half Moon Bay City of Newport Beach City of Pismo Beach City of Port Hueneme City of Redondo Beach Planning Department City of Seaside Del Mar Planning Department El Segundo Planning Director Huntington Beach County Planning Department Isla Vista Planning Laguna Beach Acting Planning Director Los Angeles Regional Water.Quality Control Board County Regional Planning Manhattan Beach Department of Beaches Metropolitan Water District of Southern Califomia, National City Planning Department Oxnard.Planning Department Pacifica Planning Administrator Planning Association for.the Richmond Sacramento Planning and Conservation League, San Diego Department of Land Use and Environmental Regulation Department of Transportation San Francisco FG & E Land Department Public Utilities Commission Department of City Planning Del Norte County Humboldt County Mendocino County. Sonoma County- Ventura County Orange County San Luis Obispo County Santa Barbara County Marin County San Mateo County Santa Cruz County Monterey County San Mateo County Planning Department Santa Ana Environmental Management Agency Santa Cruz County Supervisor Santa Maria Comunity Development Santa Monica Department of City Planning Seal Beach Planning Director Sonoma County Alliance Torrance Planning Department Ventura County Environmental Resource Agency Ports Hueneme Long Beach Los Angeles -San Diego Unified Port District Coastal County Libraries Courity Library County Library Arroyo Grande, CA Morro Bay, CA County Library, San Diego County Library Atacadero, CA Lincoln Acres Branch San Mateo County Library. National City, CA Central Branch County Library Belmont, CA Nipomo,.CA Monterey County Library County Library Big Sur Ranch Oceano, CA Big Sur, CA Contra Costa County Library County Library Pleasant Hill, CA Cambria, CA County Library San Diego County Library Pismo Beach, CA Cardiff, CA Sacramento City-County Library County Library Sacramento, CA Cayucos, CA County Public Library 'San Diego County Library Salinas, CA Chula Vista, CA Orange County Library San Diego County Library San Clemente, CA Woodlawn Park Branch County Library Chula Vista, CA San Luis Obispo, CA Del Norte County Library County Library Crescent City, CA San Miguel, CA County Library Los Angeles County Public Library Creston, CA San Pedro, CA San Diego County Library Marin County Free Library Del Mar Branch San Rafael, CA Del Mar, CA County Library San Diego County Library Santa Margarita, CA Encinitas Branch Santa Rosa-Sonoma County Public Library Encinitas, CA Santa Rosa, CA Mendocino County Library County Library Fort Bragg, CA Shell Beach, CA Fresno County Library Courity Library Fresno, CA Templeton, CA County Library Mendocino County Library Grover City, CA Ukiah CA County Library Los Anghes County Library Halcyon, CA Venice, CA Los Angeles County Library Avalon County Library @ermosa Beach, CA Avalon, CA San Diego County Library Alameda County Library System Imperial Beach Branch Hayward, CA Imperial Beach, CA Contra Costa County Library Los Angeles County Public Library Pleasant Hill, CA Malibu, CA Santa Barbara County Library Los Angeles County Library Montecito, CA Manhattan Beach, CA Other Parties National Interest Groups Environmental Groups American Littoral Society American Shore and Beach Protection Association Center for Law and-Social Policy Environmental Defense Fund, Inc. Environmental Policy Center Friends of the Earth Izaak Walton League National Audubon Society Natural Resources Defense Council National Wildlife Federation Nature Conservancy Sierra Club The Conservation Foundation The Wildlife Management Institute Wilderness Society iv Other Parties-cont.) National Interest Groups Private Sector American Association of Port Authorities American Farm Bureau Federation American Mining Congress American Petroleum Institute American Right of Way Association American Waterways Operators Atomic Industrial Form Boating Industry Association Chamber of Commerce of the United States Chevron Oil Company Edison Electric Institute EXxCN National Association of Conservation Districts National Association of Electric Companies National Association of Engine and Boat Manufacturers National Association of Home Builders National Association of Realtors National Association of State Boating Law Administration National Boating Federation National Canners Association National Coalition for Marine Conservation, Inc. National Environmental Development Association National Farmers' Union National Federation of Fishermen National Fisheries Institute National Forests Products National Ocean Industries Association National Recreation and Park Association National Security Industrial Association, National Waterwavs Conference Saltwater Sportsmen Society of Real Estate Appraisers Sport Fishing Institute United Brotherhood of Carpenters and Joiners of America Western Oil and Gas Association World Dredging Association Professional American Fisheries Society American Institute of Architects American Institute of Planners American Society of Planning Officials National Parks and Conservation Association Public Interest Council of State Planning Agencies Coastal States Organization League of Women Voters of the United States National Association of Counties National Association of Regional Councils National Conference of State Legislatures National Governors' Conference National League of Cities United States Conference of Mayors Other Interested Parties Associated California.Loggers Ball, Hunt, Hart, Brown & Baerwitz Blade Tribune California Natural Areas Coordinating Council v Other Parties (cont.) Other Interested Parties (cont.) California Research Citizens Coordinate for Century 3 Gonnerly and Associates, Inc. Conservation Law Foundation of New England, Inc. David Smith and Associates Doremus & Company Environmental Law, C.A.V.E. Flint and-MacKay General Land Office, Austin, Texas Gibson, Dunn and Crutcher Granite Rock Go. Half Won Bay Properties, Inc. Jones and Stokes Associates Keep Pacifica Scenic Koebig, Inc. Mobil Oil Corporation Noland, Hamerly, Etienne & Hoss NYS Office of Parks Recreation O'Melveny & Myers Pacific Outdoor Advertising Company Public Utilities Commission Samuel.J. Cullers & Associates San Diego Gas and Electric Company San Luis Obispo County Farm Bureau, Inc. Seacoast Preservation Association, Inc. Sedway & Cooke SOHIO:Transportation Company Southern California Academy of Sciences Southern California Rock Products Assocaition Southern California Edison Southern California Gas Company Standard Oil of California .The Irvine Company The Sea Ranch Association The Sharp Park Improvenent Co. Transcentury Properties Union Oil Company University of California Water Resources Center Archives University of Santa Clara School of Law URBResearch Company Western Oil and Gas Association Westinghouse Electric Corp. Woodward, Clyde Associates Individuals Upon request, copies have been and will be sent to all individuals and other interested parties. vi TABLE OF CONTENTS Page Sumary Part I INTRODUCTION 1 A. The Federal Coastal Zone Management Program 1 B. OCZM Requirements for Program Approval (Section 306) to 3 California's Coastal Management Program Submission C. Summary of the California Coastal Management Program 51 Part II DESCRIPTION OF THE PROPOSED ACTION (The California Coastal Management 9 Program) Chapter 1. Prelude to 1977 11 Chapter 2. A Brief Look at the Management Program 13 Chapter 3. Program Objectives and General Management Policies 16 Chapter 4. The Coastal Management Area 25 .Chapter S. Land and Water Uses Subject to Management 36 Chapter 6. Managing the Coast (1): California Coastal Commission 41 Chapter 7. Managing the Coast (2): Local Coastal Programs and 47 Delegation of Permit Authority to Local Governments Chapter 8. Managing the Coast (3): Port Master Plans 54 Chapter 9. -Managing the Coast (4): Energy Facility Impacts, Public Access, and Shoreline Access 56 Chapter 10. Managing the Coast (5): The State's Managerial Network 65 Chapter 11. Managing the Coast (6): The National Interest and the Consistency of Federal Actions 69 Chapter 12. Funding Management and Acquisition Activities 77 Chapter 13. Citizen and Government Involvement in the Management Program 78 Chapter 14. Continuing Development of the Coastal Management Program 84 Part III PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT 90 A. Impacts Directly Resulting from Federal Approval 90 1. Program Funding 90 2. Implementation of CZMA 91 B. Impacts of Proposition 20 Implementation 92 1. General 92 2. Results of Proposition 20 Implementation 93 3. The Permit Process 94 C. Impacts of the California Coastal Management Program 96 1. Socio-Economic Impacts 97 2. Environmental Impacts 120 3. Industrial and Energy Development 128 4. Mitigation Measures 130 S. Impacts of Exculsions 131 6. Effect of Activities Outside the Coastal Zone 131 7. Impact Assessment Based'on Previous Studies 132 Part IV. ALTERNATIVES TO THE PROPOSED ACTION 137 A. Federal Alternatives 137 1. If Federal agency views were not adequately considered or the program does not fully meet the requirements of'the CZMA. 137 2. If there is no adequate assurance of the integration of the California Coastal Management Program with the San Francisco i Bay Coastal Management Program. 137 3. If the State does not have the adequate ifteftm authorities while 1.ocal coastal program are submitted and certified. 138 B. State Alter-natives 139 4. The State could withdraw the approval application and continue program developmentor attempt to use other sources of funding to meet the objectives of the State's shoreline and related coastal management program . 139 5. The State could amend the coastal management program. 139 vii Page Part V PROBABLE ADVERSE ENVIRONMENTAL EFFECrS WHICH CANNar BE AVOIDED 141 Part VI RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY 142 A. Short-Term Uses 142 B. Long-Te.rm Uses 142 Part VII IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED 143 Part VIII CONSULTATION AND COORDINATION 144 Appendices 1. The California Coastal Act (SB 1277) and State.Costal Conservancy (AB 3544) 2. History of California Coastal Planning Legislation 3. Significant Coastal Estuarine, Habitat, and Recreational Areas 4. Areas of Concern in the Coastal Zone 5. Current List of Acquisition Sites 6. General List of Land and Water Uses Subject to Management in the Coastal Zone 7. Draft Local Coastal Prog2am Manual and Local-Coastal Program Regulations Attacbments A. Articles published in newspapers, journals, and other documents concerning the California Coastal Management Program (not included in this document) B. Excerpt from: "Governing California's Coast" C. Examples of.,Permit Conditions D. Correspondence Between Coastal Plan and Coastal Policies E. Public Hearing Draft of Interpretive Guidelines for Coastal Planning and Permits F. A Summary of the Alternatives Looked At During the Development of the Coastal Plan viii PART I INTRODUCTION A. The Federal Coastal Zone Management Program' In response to the 'intense pressures upon, and because of the importance of the coastal zone of the United States, Congress pass@d the Coastal Zone Management Act (P.L. 92-583) which was signed into law on October 27, 1972. The Act authorized a Federal grant-in-aid program to be administered by the Secretary of Comerce, who in turn delegated this responsibility to the National Oceanic and, Atmospheric Administration's (NOAA) Office of Coastal Zone Management' (OCZM). The Coastal Zone Management Act of 1972 developed from a 'series of studies on the coastal zone and its resources. National interest can be traced from the Committee on Oceanography of the National Academy of Sciences (NASCO) 12-volume report "Oceanography 1960-1970" (1959), to.the report of the Commission on Marine Science, Engineering and Resources (1969), which proposed a Coastal Management Act that would "provide policy objectives for the coastal zone and authorize Federal grants-in-aid to facilitate the establishment of State Coastal Zone Authorities eiVoweTedto manage the@coastal waters and adjacent land.!' The National Estuarine Pollution Study (1969), authorized by the Clean Water Restoration Act of 1966 and the National EstuaryStudy authorized by the Estuarine Areas Study Act of 1968 further documented the importance of and the conflicting demands upon our Nation's coasts. These reports stressed the need to protect and wisely use the important national resources contained in the coastal zone and concurred that a program designed to promote the rational protection and manage- ment of our coastal zone was necessary. The Coastal Zone Management Act of 1972.was substantially amended on July 26, 1976 (P.L. 94-370). The Act and the 1976 amendments will be referred to in this statement as the CZMA. The CZMA affirms a national interest in the effective protection and development of the coastal zone, by providing assistance and encouragement to the coastal States to develop and implement rational programs for managing.their coastal zones. The CZMA opens by stating [t]here:is a national interest in the effective management, beneficial use, protectionand development of the co@Lstal zone" (Section 302(a)). The statement of Congressional findings goes on to describe how competition for the utilization of coastal resources, brought on by the increased demands of population growth and economic expansion, has led to the degradation'of the coastal enviroment, including the "loss of living marine resources, Wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open SDace for public use, and shoreline erosion." The CZMA then states "[t]he key to more effective PT07 tection and use of the land and water resources of the coastal zone,is to encourage states to.exercise their full authority over the land and waters in the coastal zone by the assisting states ... in developing land and wa:ter use programs ... for dealing with [coastal] laind and water use decisions of more.than local significance" (Section 302(h)). While local governments and Federal agencies are required to cooperate and participate in the, development of management programs, the State level of goverment is given the central role and responsibility for this process. Financial assistance grants are authorized by the CZMA to provide States with the means of achieving these objectives and policies. Under Section 305, thirty coastal States which border on the Atlantic or Pacific Oceans, Gulf of Mexicoand the Great Lakes, and four U. S. territories are eligible to receive grants from NOAA for 80 percent of the costs of developing coastal management programs. Broad guidelines.and the basic requirements of the CZMA provide the necessary direction for developing these programs. The guidelines defining the procedures by which States can qualify-to receive development grants under Section 305 of the CZMA, and the policies for development of a State management program, were published on November 29, 1973 (15 CFR'Part 920, Federal.Register 38 (299): 33044-33051). For example, during the program development, each State must adcTr-e-ss specitic issues suchas the boundaries of its coastal zone; geographic areas of particular 'concern; permissible and priority land and water uses; including specifically those that are undesirable or of lower priority; and areas for preservation or.restoration. During the planning process,the,l State is directed to consult with local and regional governments and relevant Federal agencies, as well as the general public. Federal support can be provided to States-for.up to four years for this. program development phase. After developing a management program, the State may submit its coastal management program to the Secretary of Commerce for approval; if approved, the State is-then eligible for annual grants under Sertion 306 to administer its management program. If a program has deficiencies which can be remedied or has not received Secretarial approval by the time the Section 305 grant has expired, the State is eligible for additional funding under Section 305(d). on January 9, 1975, 0C71v1 published criteria to be used for approving State Mastalmanagement programs and guidelines for program administrative grants (15 CFR Part 923, Federal Register 40 (6): 1683-169S). These criteria and guidelines set forth (a) the standards--to--Fe-u-t-11-1-z-eTbY-the Secretary of Commerce in reviewing and approving coastal management program developed and submitted by coastal States for approval, (see Section B, Part I), (b) procedures by which coastal States may qualify to receive program administrative grants, and (c) policies for the administration by coastal States of approved coastal management programs. By the end of fiscal year 1976, 33 out of 34 eligible coastal States and territories had received program development grants and one State (Washington) had received program approval under Section 306. Section 308 establishes a coastal energy impact assistance program consisting of.: 0. Annual formula grants (100% Federal share) to coastal States, based upon specific outer Continental Shelf (OCS) energy activity criteria (Section 308(b)). Planning grants (80% Federal share) to study and plan for economic, social, and environmental consequences resulting from new or expanded energy facilities (Section 308(c)), Loans or bond guarantees to States and local governments improved public facilities and services required as a result of new or expanded coastal energy activity (Sections 308(d)(1) and (d) (2)). Grants to coastal States or local governments if they are unable to meet obligations under a loan or guarantee because the energy activity and associated employment and population do not generate sufficient tax revenues (Section 308(d)(3)). Grants to coastal States if such States' coastal zone suffers any unavoidable loss of valuable environmental or recreational resources which results from coastal energy activity (Section 308(b) and (d)(4)). In order to be eligible for assistance under Section 308, coastal States must be receiving Section 30S or 306 grants, or, in the Secretary's view, be developing a management program consistent with the policies and objectives contained in Section 303 of the CZMA. Section 309 allows the Secretary to make grants (90% Federal share) to States-to coordinate, study, plan, and implement interstate coastal management programs. Section 310 allows the Secretary to conduct a program of research, study, and training to support State management programs. The Secretary may aiso make grants (80% Federal share) to States to-carry out research studies and training required to stwort their programs. Secticn 315 authoyizes grants (SO% Federal share),to States to acquire land5 foraccess to beaches and other public coastal areas of environmental, recreational, historical, aesthetic, ecological, or cultural value, and for the preservation of islands, in addition to the estuarine sancturay program to preserve a representative-series of undisturbed estuarine areas for long-term scientific and educational purposes. Besides the financial assistance incentive for State participation, CZMA stipulates that Federal activities affecting the coastal zone shall be, to the maximum extent practicable, consistent with approved State management programs (the."Federal consistency" requirement, Section 307(c)(1) and (2)). The State must concur with any applicant's certification that a Federal license or permit affecting land and water uses within the coastal zone is consistent with the State's coastal management program. Section 307 of the CZM requires that any outer Continental Shelf oil and gas activity described in an exploration, development, or production plan be certified to the Secretary of the Interior that it is consistent with an approved State management program. The State must concur with such certification prior to any approval by the Department of the Interior. Section 307 further provides for mediation by the Secretary of Commerce when serious disagreement arises between a Federal agency and a State with respect to the administration of a State's program and shall require public hearings in the con- cerned locality. 2 B. OCZM Requirements for Program Approval (Section 306) to Californials.Coastal Management Program Submission OCZM Requirements California Coastal 1S CFR Part 923, Section: Management Program .@4(b) Problems, Issues, and Objectives Coastal Plan4a,rt IT Coastal Plan-Part IV Chapter 1 Chapter 3 Chapter 14 .5 Environmental Impact Assessment Draft ETA .11 Boundaries Chapter .12 Land and Water Uses to be Managed Chapter 5 .13 Areas of Particular Concern.. Chapter 4 .14 Guidelines on Priority of Uses Chapter 5 .15 National Interest in the Siting of Chapter 9 Facilities .16 Area Designation for Preservation Chapter 12 and Restoration Appendix 5 .17 Local Regulations and Uses of Regional Chapter 5 Benefit .18 Shorefront Access Planning Chapter 9 .19 Energy Facility Planning Chapter 9 .26 Shoreline Erosion Chapter 9 .31, Means of Exerting State Control Chapter 6 over Land and Water Uses ChIapter 7 Chapter 8 .32 Organizational Structure to Implement Chapter 10 ..the Management Program .33@ Designation of Single Agency Appendix 1 (Coastal Act) .34 Authorities to Administer Land and Chapter 6 Water Use, Control Development Chapter 7 and Resolve .Conflicts Chapter 10 .35 Authorities for Property Acquisition Chapter 12 .36 Techniques for Control of Land and Chapter 6 Water Uses Chapter 7 Full Participation by Relevant Bodies Chapter 13 In Adoption of Management.Program. .42 Consultation and Coordination Chapter 7 With Other Planning Chapter .8 3 .S1 'Public'Hea@ings Chapter 13 .52 Gubernatorial Review and Approval To be completed .S3 Segmentation Chapter 4 .54 Applicability of Air and Water Chapter 11 Pollution Control Requirements *A draft environmental impact assessment was submitted to OCZM. 4 C. Summary of the California.Coastal Management Program Effective January 1, 1977, California has a permanent comprehensive coastal management program based on the Coastal Act. The California Coastal Management Program is a combination of State and local government planning and management authorities for the uses of land, air, and water resources. For the purposes of meeting CZMA requirements, the California Coastal Management Program is the main sepment of a two-qegment program, San Francisco Bay being the smaller segment. The relationship of ihese two segments will be reviewed in accordance with Section 30410 of the Coastal Act by July 1, 1978. 1. Goals The Coastal Act specifies basic goals for coastal conservation and development aimed at protecting, enhancing, and restoring coastal environmental quality and resources, giving priority to "coastal dependent" development, and maximizing public access to the coast. 2. Policies The Coastal Act specifies detailed policies on which conservation and development decisions in the coastal zone are to be based. These policies are generally based on the 162 policy recommendations in the Coastal Plan published in 1975 by the California Coastal Zone Conservation Commissions and deals with the following topics: Public access - covers access to the coast, prescriptive rights, dedication of accessways, and provision of low- and moderate-income housing. Recreation covers shorefront lands and recreational boating. Marine enviroTunent covers dredging, filling, and diking of wetlands and estuaries, and structures that affect sand transport for beach replenishment. Land resources - covers wildlife habitats, coastal-related agriculture, soil productivity, and archaeological resources. Development - provides for future development in existing developed areas, covers visitor facilities, gives priority to coastal-dependent development, includes considerations of geological.instability, sets priorities and guidelines for expansion of public services, addresses public scenic vistas to and along the coast, and covers compatibility of new development with its setting. Industrial development - covers offshore oil and gas development, refinery Construction @_Hrexpansion, powerplant and liquefied natural gas facility siting on coast, roads, and coastal-dependent industrial development. In carrying out its policies, the Coastal Act requires conflicts to be resolved in a manner which on balance is most protective of significant coastal resources. 3. Jurisdiction The Coastal Act defines "coastal zone" as an area, shown on a map filed with the California Secretary of State, extending three miles seaward and inland generally 1,000 yards. In significant coastal estuarine, habitat, and recreational areas, it extends inland to a maximum of five miles, in developed urban areas it generally extends inland less than 1,000 yards. The area of jurisdiction of the San Francisco Bay Conservation and nevelopment Commission (BCDC) and Federal lands are excluded. 4. 'Coastal Commission and Regional Commissions The Coastal Act creates a IS-member California Coastal Commission and (until no later than June 30, 1979) six regional commissions. The Coastal Commission consists of: Secretary of Resources Agency (nm-voting member), Secretary of the Business and Transportation Agency (non-voting member), Chairman of -the State Lands Commission (non-Voting,member), Six public members (2 appointed by the Governor, Senate Rules Committee, and Speaker of the Assembly), and Six representatives of regional commissions (appointed by each regional commission from its membership). S. State Agencies The Coastal Act is not intended to change the basic authority of any existing State agency and specifies the legislative intent that duplication and conflicts among existing State agencies be minimized. The Coastal Act specifies the areas of jurisdiction of the Coastal Commission and other State agencies, including: State Water Resources Control Board - The Board retains primary jurisdiction over water r ights and water quality and makes the final decision on funding wastewater treatment plants. The Coastal Commission determines wehethey thetreatment plant complies with the provisions of the Coastal Act and determines matters relating to land use, visual appearance, size, and timing of the Use of capacity of a treatment plant. Board of Forestry - Timber operations must be approved as specified in the Forest Practice,Act. A separate permit from the Coastal Commission is not required. The Forest Practice Act is amended- to require the Board to adopt rules for the protection of natural and scenic qualities in special treatment areas which are to be identified by the Coastal Commission by July 1, 1977. State Enera Resources Conservation and Devel2pment Commission - The Coastal Commission will designate locations inappropriate for power plants by January 1, 1918, and every two years thereafter. The Energy Commission has exclusive jurisdiction everywhere else. The Coastal Commission submits recommendations on inappropriate sites to the Energy Commission. The Energy Commission must adopt. Coastal Commission recommendations unless to do so would result in greater adverse effect on'the environ-. ment or the measure proposed would not be feasible. The Energy Act is amended to require the Energy Commission to determine the relative merit of coastal and inland sites. .State Lands Commission - The authority of the State Lands Commission over lands within its jurisdiction or tH-e-Hig-Ft-sand duties of its leasees or permittees will not be changed by any power granted to local jurisdictions. 6. Local Coastal Programs By April 1, 1977, the Coastal Commission must adopt procedures for the preparation, approval, certification, and amendment of local coastal programs. By January 1, 1980, all local governments within the coastal zone must prepare a local coastal program or.request (by July 1, 1977) the Coastal Commission to prepare one. Local coastal programs include the relevant portions of a local general plan, zoning ordinances, zoning district maps, and actions which implement,the Coastal Act at the local level. In sensitive areas, the programs will include ordinances, regulations, or programs sufficient to protect the resources in these areas as spelled out in the program. Completed local coastal programs are submitted to regional commissions for approval and ultimately to the Coastal Commission for certification. The policies contained in Chapter 3 of the Coastal Act are the standards by which the adequacy of local coastal program is determined. The regional commission is glVen 90 days to act on a local land use plan. No action constitutes approval. Disapproved plans may be -revised and resubmitted to the regional commission or appealed directly to the Coastal Commission. The Coastal Commission has 21 to 45 days to determine by a majority vote whether specific substantial issues of adequacy exist and, unless it finds no substantial issues, it has 60 days from receipt of the plan to certify the plan or refuse certification. Zoning ordinances, zoning district maps and other implementing actions may be submitted concurrently with the land use plan or after certificatio'n-of the land use plan. If submitted after certification, the regibnal commission has 60 days, to reject them or they are deemed approved. Rejected ordinances -and related material may be revised and resubmitted to the regional commission or appealed directly to the Coastal Commission. Aggrieved persons may appeal approvals or rejections to the Coastal Commission. The Coast 'al Commission (by majority of those present) may refuse to hear an appeal that it determines raises no substantial issue. The Coastal Commission itself may, in the absence of an appeal, decide to review approvals or rejections. The Coastal Commission has 60 days after an appeal is filed, or 30 clays after it decides on its own to review the implementing action, to reject,the implementing actions. Failure to act constitutes approval. 6 Any time limitation relating to local coastal programs may be extended by the Coastal Commission or regional commission for "good cause," though regional commissions cannot be extended past the June 30, 1979, deadline. If local coastal programs are not certified and all implementing devices are effective by January 1, 1981, the Coastal Commission may: Prohibit or restrict the affected local goverment from issuing any permit, or "Require a permit from the Coastal Commission for any development within the affected jurisdiction. A procedure paralleling the local coastal programs is established for the Ports of Huenem. 'e, Long Beach,--Los Angeles, and San Diego whereby the ports prepare a port master plan for certification by. the Coastal Commission. The policies by which the plans are evaluated are defined in terms of Port- related issues and are set forth in a separate Chapter 8 of the Coastal Act. Regional commissions are dissolved within 30 days after the last local coastal program in its region is certified or on June 30,1979, whichever is earlier. 7. ' Permits Prior to certification of a local coastal program, any development in the coastal zone (other than those under the jurisdiction of the Energy Commission) requires a coastal development permit. Such permits are obtained from local governments if the local governments choose to implement the permit process (except that the permit is obtained from the regional commission for tidelands, submerged lands or public trust lands,.or for development by a public agency for which a local government permit is not otherwise required). Such permits may be incorporated with any other development permit issued by a local public agency (e.g., conditional use permit) or may be separate. If the local governments choose not to implement the permit.process, all such permits are obtained from the regional commission. Even if the local governments choose to implement the permit process, a regional commission permit is also required for: Developments located within 100 feet@of any wetland, estuary, stream, or within 300 feet of the top of a coastal bluff; Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of a beach (or mean high tide line where there is no beach), whichever is the greater distance; Developments which constitute a major public works project or a major energy facility; Approved or disapproved developments which constitute-a major public works project or a major energy facility; and Approved developments not designated'as a principal permitted use under the approved zoning ordinance or zoning district map. The Coastal Commission and regional commissions have 21 to 42 days to schedule a hearing on permit application or appeal. A decision is required within 21 days of the close of a hearing. ,All permits are subject to terms and conditions. 'The Coastal -Commission is required to establish, a joint development permit application system with pernit-issuing agencies where feasible. As an alternative to project by project review, plans for public works or university or State college developments may be submitted to the Coastal Commission for certification. No coastal development permit is required for: Certain improvements to existing-single family residences, Certain maintenance dredging, Certain repair or maintenance activities, Developments which the Coastal Commission determines (by a two-thirds vote) have no potential for any significant adverse effect on coastal resources or on public access, Persons with vested rights (if granted an exemption) and persons who have a permit issued by the existing Coastal Commission, Certain developed urban areas, and Certain utility connections. 7 Section 14 of the. Coastal Act amended the Revenue and Taxation Code to require local assessors to con- sider locally issued coastal development permits (after certification of the local coastal program) as enforceable restrictions in assessing land. 8. Sensitive Coastal Resource Areas The Coastal Act requires the Coastal Comission to designate sensitive coastal resource areas by September 1, 1977. Each such designation must be*based upon a separate report adopted by the Coastal Commission which includes a specific determination that the area is ofregional or statewide significance. In sensitive areas the local coastal program must include ordinances, regulations, or programs adequate to protect the resources enumerated in Ue findings of the sensitive area. report. The Coastal Commission must submit its recommended sensitive coastal resource area nominations to the Legislature. Unless the Legislature adopts these recommendations within two years, they cease to have any force and effect. After certification of local coastal programs, developments approved by the local government in sensitive areas continue to be subject to appeal to the Coastal Cormission. 9. Judicial Review and Enforcement Any person aggrieved by a Coastal Commission decision may seek judicial review within 60 days. Any person my bring an action to restrain any violation of the Coastal Act, to enforce the duties imposed by the Coastal Act on any governmental agency, or to recover Civil penalties. Violators of the Coastal Act would be subject.to a $10,000 fine plus $50.00 to $1,000.00 per day for each day of violation plus damages. 10. Mandated Costs Reimbursable to,Local Government Section 16 of the Coastal Act declares that all costs to local goverment for implementing the Coastal Act shall be fully reimbursed in the annual State budget, except that claims for the 1976 to 1977 fiscal year must be subTritted t6 the State Controller by October 31, '1977. If the Legislature fails to provide full funds for mandated local costs, the dates for submission of a local coastal program are postponed by the nunber of years elapsing until f1mds are provided. 11. Acquisition The State Conservancy Commission was established. under terms of AB 3544 and is responsible for implementing a program for agricultural lands protection, area restoration, public access, resource enhancement, establishing resource protection zones, and reserving significant coastal resource areas. 71,,e Conservancy has the power to acquire lands and condemn accessways for the public. 8 PART I I DESCRIPTION OF THE PROPOSED ACTION THE CALIFORNIA COASTAL MANAG13ENT PROGRAM Page Chapter 1. Prelude to 1977 11 Chapter 2. A Brief Look at the Management Program. 13 A. The Management Program -- A New Approach to Land Use Regulation and Some-Old Approaches 13 B. Precedents for the Management Program 13 C.. Approaches to the Management Program 14 D. How the Program Will Work 15 Chapter 3. Program Objectivei and General Management.Policies 16 A. Objectives 16 B. Coastal Issues and General Management Policies 17 Chapter 4. The Coastal Nlanagement,Area -25 A. The Coastal Zone and Permit Area Before 1977 25 B. 26 C. Geographical Areas of Concern Within the Coastal Zone 30 D. Excluded Areas 33 .E. San Francisco Bay and the Delta 34 Chapter S. Land and Water Uses Subject to Management 36 A. Use Acceptability 36 B. Uses of Regional Benefit 38 C. Priority Designations 39 Chapter 6.' Managing.the Coast (1): California Coastal Commission 41 A. Structure, Membership, and Terms of Office 41 B. Powers and Duties 42 C. Development and Appeal Authority 43 Chapter 7. Managing the Coast (2): Local Coastal Programs and Delegation of Permit Authority to Local Governments 47 A. Preparation and Certification of Local Coastal Program 47 B. Delegation of Permit Authority to Local Governments 52 C. Local Governments S3 Chapter 8. Managing the Coast (3): Port Master Plans 54 Chapter 9. Managing the Coast (4): Energy Facility Impacts, Public Access, and Shoreline Erosion 56 A. Energy 56 B. Public Access 60 C. Shoreline Erosion 64 Chapter 10. Managing the Coast (5): The State's Managerial Network 65 A. State Agencies and the Management Program 65 B. Roles of Particf1lar Agencies 66 C. State Coastal Conservancy 67 Chapter 11. Managing the Coast (6): National Interest and the Consistency of Federal Actions 69 A. The National Interest in the California Coastal Zone 69 B. Consistency of Federal Action 71 C. Administration of the Federal Consistency Provisions 73 D. Incorporation of Federal Air and Water Quality Standards 75 Chapter 12. Funding Management and Acquisition Activities 77 A. Sources of Funds 77 B. Coastal Act Financial Provisions 77 Chapter 13. Citizen and Goverment Involvement in Program Development 78 A. Participation in Program Planning 78 B. Concerns Frequently Raised During Planning 80 C. Continuing Public and Goverment Involvement 82 The California Coastal Management Program was prepa@ed by the California Coastal Commission in accordance with Section 306 of the CZMA. 9 Page Chapter 14. Continuing Development of the Management Program 84 A. Schedule of Coastal Management Activities 84 B. Management Coordination 86 C. State Program Administration 86 D. State Regulatory Program 87 E. State Program Refinement 87 F. Local Coastal Program Development 88 G. State Coordination 88 H. Federal Coordination 88 I. San Francisco Bay Management Program 88 J. Energy Planning and Energy Impact Management 89 Coastal Management Program Appendices Appendix 1. The California Coastal Act (SB 1277) and State Coastal Conservancy (AB 3544). Appendix 2. History of California Coastal Planning Legislation Appendix 3. Significant Coastal Estuarine, Habitat, and Recreational Areas Appendix 4. Areas of Concern in the Coastal Zone Appendix 5. Current List of Acquisition Sites Appendix 6. General List of Land and Water Uses Subject to Management in the Coastal Zone Appendix 7. Draft Local Coastal Program Manual and Local Coastal Program Regulations 10 CHAPTER 1 PRELUDE TO 1977 Historically, the use of California's coastal zone, like that of other coastal States, has primarily been regulated or not regulated by local jurisdictions. Over the years, a variety of new governmental agencies, local, regional, Stateand Federal, were given some degree of regulatory powers over certain activities within the coastal zone.@ As of mid-1972, Califorpials 1,072 miles of mainland coastline, excluding the San Francisco Bay, and its 300 or so miles of offshore channel island coastline, were subject to the(jurisdiction of IS counties, 45 cities, 42 State, and 70 Federal agencies. Pressures from population expansion along the coast, conflicting demands on limited coastal resources, proliferation of regulatory governmental agencies, and the absence of any coordinated State or regional policy regarding California's coastal resources was leading to the rapid and highly visible deterioration of the coastal environment--especially in the more urbanized areas. Warnings about this condition and the need for some form of comprehensive, coordinated State plan or program for the long-range conservation and utilization of California's finite coastal resources were echoed in legislative resolutions and reports, State and local studies and reports, legislative hearings, proposals for legislation, and in numerous popular publications. As early as 1931 a joint legis- lative committee issued a report on "seacoast conservation." Past efforts to promulgate effective State and regional coastal planning and management programs had. Kith one exception, produced virtually no action. An exception was the San Francisco Bay Conservation and Development Commission (BCDC), established in 1965 after a public outcry ("Save the Bay") about landfill and development in the Bay. The BCDC was a pioneer in State land use planning and development regulation. Despite numerous efforts, no similar commis�ion was established for the California coast. When comprehensive coastal legislation was finally enacted in California, it was through the efforts of citizen organizations, not their elected representatives. On November 7, 1972, California voters, by a 55 to 45 percent margin, enacted a law placed on the ballot as an initiative: Proposition 20, the California Coastal Conservation Act of 1972 (hereinafter referred to as Proposition 20). Mith the passage of Proposition 20, the rules applicable to the use of California's coastal resources were radically altered. Propo- sition 20 established a temporary, four-year'program for the comprehensive planning and management of coastal zone resources unlike any proposed, much less implemented, elsewhere in the United States. State and regional commissions were established and given a dual mandate to prepare a comprehensive, enforceable, long-range plan for the conservation and orderly development of the coast, and to regulate development while this plan was being prepared., The permit procedure gave the Coastal Commis,sion and regional commissions a firsthand look at the issues, and their experience with these issues provided a basis for policy.making. For instance, they soon discovered one of the most difficult statewide issues was the balancing of private develop- ment with public recreation and access to the coast. From 1973 to 1975, hundreds of public hearings were held on the evolving coastal plan. Coastal Commissioners and regional commissioners, working part-time, grappled with the complex and controversial issues facing the coast: energy, preservation of marine and land environments, shoreline access, recreation, transportation, development, and design. The plan was completed in the fall of 1975 and was submitted to the Governor and the Legislature on December 1 of that year. At that time, the Coastal Commission and regional commissions as established by Proposition 20 had only a year remaining. In submitting the plan, Coastal Commission Chairman Mel Lane said, "Now the future of the coast is in your hands; under the present law, the Coastal Commission will go out of existence on December 31, 1976.11 During the 1976 Legislative session, the Coastal Commission and regional commissions continued to operate under the original mandate of Proposition 20*' The Coastal Commission and regional commissions carefully reviewed permit processes and began to study various methods for implementing local coastal program procedures outlined in the plan, if and when the plan was to be enacted by the Legislature. The original coastal bill, SB 1S79, was introduced ih the Senate in February 1976. After several hearings, the bill was approved in one committee but in June 1976, failed to clear the Senate Finance Committee. For a while it seemed as if coastal legislation was dead until the next year, but the bill was quickly revived as amendments to a minor bill, SB 1277, that had already received Senate hearings and approval. In two months SB 1277 emerged from both houses of the Leqis- lature as the basis of California's coastal management program (see Appendix 1). In two months SB 1277 sup- porters agreed to several amendments, contained in a "cleanup" or trailer bill, AB'2948, which was itself amended by AB 400. Another part of the futi@re program was meanwhile being acted on separately; AB 3544, to establish a State Coastal Conservancy, was passed just after SB 1277 (see Appendix 1). A third piece of legislation, SB 1321, a coastal parklands acquisition bond act, was placed on the November 1976 ballot as Proposition 2; it was approved by the voters. AB 400 appropriated operating funds and additional acquisition funds, and an earlier bill, AB 2133, provided funds for coastal wet- lands acquisitions. OnJanuary 1, 1977, when the Coastal Act and other laws came into effect, a permanent coastal' management program for California was established. (Appendix 2 contains a short history of coastal zone management in California and the development of coastal legislation.) 12 CHAPTER 2 A BRIEF LOOK AT THE @"GDENT PROGRAM A. The Management Program--A New Approach to Land Use Regulation ... and Some Old Approaches One of the principal means of implementing the Coastal Act is the regulation of land and water use. Government regulation is a long-established and constitutional method to protect the public health, safety, and welfare. In the past, regulation of land use has been primarily a local con- cern but, increasingly, State interests and conflicts between local agencies have proved the need for State involvement in conservation and development. Implementation of the Coastal Act through local land use regulations, with an overview by a continuing State coastal agency, is a new and promising approach to State and local cooperation. It offers the maximum in 'responsiveness to local conditions, accountability, and public accessibility, while assuring that local decisions will protect statewide concerns. Regulation alone will not be sufficient; some of the provisions of the Coastal Act -require active programs of public land acquisition. In most cases, these will be conducted by existing agencies and a new agency, the State Coastal Conservancy. Because the coast contains resources of statewide importance, statewide perspective is needed in planning for the coast, along wit-h local viewpoints. Moreover, no plan for the coast can be applied to the diverse and complex conditions of its..1,072 miles without a continuing need for interpretation, resolution of conflicts, and flexibility. It is essential, therefore, that statewide interests be reflected in the governmental process of implementing and applying Coastal Act policies. Other levels and agencies of government each have their own,focus and concerns. The Coastal Act, accordingly, established a State agency, the California Coastal Commission, specifically charged with coastal manage- ment,-assuring the breadth of jurisdiction and perspective essential in carrying out the objectives of the State legislation and the MIA. The Coastal Commission is predominantly a citizen commission. No administrative agency,'headed by a single administration, can bring to coastal management and planning the breadth of interests and concerns that independent commissions can provide. Purely administrative decisioh-making would be less accessible and responsive to the general public. The commission structure allows the decision@making body to focus on basic policy choices inherent in coastal planning And management. Technical expertise can be provided by the staff, the assistance of other State agencies, technical advisory boards, or independent consultants, rather than in the membership of the Coastal Cormission itself. ,B. Precedents for the Management Program The State of California established several agenci6s that utilize land use control, regional planning, and,pollution control approaches-, pre-dating the present coastal management program. A quick look at these agencies is appropriate: The San Francisco Bay Conservation and Development Commission. In 1965 the legislature established the San Francisco Bay Conservation and DevelopTneiTt Commission (BCDC) to develop the Bay Plan and to immediately protect the Bay from further unnecessary fill. In 1969 BCDC was given permanent status as the enforcer of the Bay Plan. The BCDC shares permit powers with other State and local agencies. Its jurisdiction covers the entire Bay subject to tidal action and extends landward 100 feet from the line of highest tidal action.' This agency has received broad public support. Tahoe Regional Planning Agency. In 1970 the Tahoe Regional Planning Agency (TRPA), a regional interstate agency, became operational. The TRPA's mission is to plan for and share, with the Appropriate local agencies, land use controls over the Lake Tahoe basin. The rapid deterioration of Lake Tahoe, as had been the case with the San Francisco Bay, made some form of regional planning and management approach neces- [email protected] Access to the lakeshore was rapidly dwindling; water pollution threatened the destruction of the Lake's ecological balance and the closure of certain areas to -swimming; air pollution had reached the point where comparisons to Los Angeles no longer appeared like bad jokes; the@density and intensity of shoreline developments posed a serious threat to the surrounding environment; and high-rise apartments and 13 condominiums were destroying the very scenic beauty that made the lake such an attrac- tion in the first place. The TRPA has attempted to reverse some of these trenas and has become involved in an intense verbal and legal struggle with local governments, developer interests, and recently-with conservationists because of its unique voting procedure. This conflict led to the creation of a separate California agency, California Tahoe Regional Planning Agency (Cal-TRPA) to also regulate development on the California side of the Lake. Although TRPA has not enjoyed the acclaim of BCDC, it has furthered the cause of regional planning and management of a regional resource. State and Regional Water aliii Control Boards. In 1970 a new law became operative s en@ lZesources Control Board and nine In California that ha a ea the State WateF California Regional Water Quality,Control Boards to implement a strict program of water quality control. The State board is responsible for protecting California's waters. It also has appellate and policy jurisdiction over the regional boards. The work of these boards has been well received by the public. As a result of this water quality control program, California has been viewed as one of the leaders in this field. Together, these and other agencies such as the Air Resources Board and local air pollution control districts have provided valuable precedents for the approach embodied in the Coastal Act. In addition, the.experience with various features of these agencies and their programs, such as membership composition, State/regional relationships, permit power, planning programs, etc., proved to be invaluable in the preparation of the Coastal Act. C. Approaches to the Management Program The Coastal Act is founded on the experience of planning and regulation conducted by the Coastal Comission's predecessor from 1972 through 1976. The Coastal Commission and the Coastal Plan it developed and adopted were in turn the outcome of Proposition 20. The origins of the present management program can be seen in the variety of approaches to resources planning and management discussed when the legislation that eventually became Proposition 20 was being construc .ted in 1970 through 1971. From the outset it was apparent that scattered and numerous local governments could not lay the groundwork for a comprehensive coastal management program for California. -The question at hand was, at what level could an effective, meaningful, and comprehensive coastal resources planning and management program be developed?' It was felt that the local government level simply did not have the resources, the legal jurisdi'ction, or the perspective.and overview necessary to prepare a com- prehensive statewide plan. The problems of the entire coastal zone tr@mscend political boundaries. Also recognized was the fact that local governments could not beexpected to serve with their limited resources the public interest of the entire State. For the initial stages of preparing a comprehensive coastal management program, a State agency approach was considered the most desirable. In this way the State's resources could more readily perform the task. The Coastal Commission and regional commission structure established in Pro- position 20 was modeled after the Water Quality Control Boards. This approach, it was believed, was best suited to take into account the unique character, needs, and problem of particular regions. Subsequently, the regional commissions reflected regional dynamics while the Coastal Commission pro- vided the framework and the means for statewide coordination and policy. In addition, membership of these commissions was constructed so as to assure that affected local governments were adequately represented. After passage of Proposition 20 and the commencement of coastal planning,' a difierent approach evolved. The Coastal Commission determined a permanent coastal management program could best be implemented on a local level with State government guidance. As recommended in the Coastal Plan,, the Coastal Act provided for delegating a proviso that they work within-the Policy guidelines of the legislation and the Coastal Commission. The Coastal Act thus established a unique partnership between State and local government by pro- posing implementation of coastal policies through local land use regulation with'an overview by a continuing State comission. 14 D. How the Program Will Work The legislation gives the Coastal Commission primary responsibility for implementing the pro- visions of the Coastal Act, and it designates the Coastal Commission as the State coastal zone planning and management agency with the authority to exercise any,and all powers set forth in the CZMA or any other Federal act that relates to the planning or management of the coastal zone. The Coastal Act also recognizes that statewide coastal concerns should be reflected in local land use plans and regulations, and it requires that local gove rm ents and ports submit their plans and ordinances to the Coastal Commission for certification as local coastal programs and port master plans. Once local plans and .ordinances have been certified as consistent with the policies of the Coastal Act, local governments will take on major responsibility for implementation of the Coastal Act. Each local government lying wholly or partially within the coastal zone is required to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. The Coastal Commission will prepare and adopt specific guidelines for the preparation of local coastal programs, but in general, the local coastal program will consist of an approved land use plan and zoning ordinance. For those areas designated by the Coastal Commission as "sensitive resource areas" and ratified as such by the Legislature within two years, additional implementing measures may also be ,required to assure the protection of these particularly sensitive areas. Local land use plans will be reviewed-by both the Coastal Commission and regional commissions to establish their consistency with the policies of the Coastal Act, and-implementing ordinances will be reviewed to Assure conformance with the approved land use plan. The regional commission will be in existence until no later than June 30, 1979, at which time the.Coastal Commission will take over all review of local coastal programs. After certification of a local coastal program (or port plans) and after zoning and other, implementing actions have become effective, the review authority for new development within the coastal zone will be delegated to local governments or port governing bodies. The following types of development, however, may be appealed to the Coastal Commission: 1. Any development between the sea and the first public toad or within 300 feet of the inland extent of the beach or mean high tide line, whichever is a greater distance. Any development located on tidelands, submerged lands, public trust lands, within 100 feet of any streams, wetlands, estuaries, or within 300 feet of the top of the seaward face of any coastal bluff. 3. Any development located in a sensitive coastal resource area. 4. Any development located in unincorporated areas when the proposed use is not designated as the principal'permitted use under the zoning ordinance. S. Major public works or major energy projects. 6. Within certified port plans, specific'types of uses listed in Section 30715 (office or residential development, oil production facilities, etc.). To insure that unwise development decisions do not occur while local plans are being brought into conformance with the Coastal Act, the Coastal Commission and regional commission will exercise interim development controls. Prior to certification of a local coastal program, any development in the coastal zone will require a coastal development permit. Such permits will be issued by the Coastal Commission or theregional commission, provided that the proposed development (a) conforms to the policies in Chapter 3 of the Coastal Act and (b) approval would not prejudice the ability of the local government to prepare its local coastal program. The Coastal Act'provides that a local goverment may assume the permit role prior to certification if it adopts development control,pro- cedures conforming to the Coastal Commission's procedures. Even if a local government assumes the permit role before certification,.the Coastal Act allows appeals to the regional commissions and requires that certain types of development also receive a permit from the regional commission or Coastal Commission. These include: (1) development within 300 feet of the inland extent of beach or between the first public road and the sea, (2) development within 100 fept nF wetlands, streaPL5, or estuaries or within 300 feet of coastal bluffs, and (3) major public works or major energy projects. The Coastal Act provides-that all State and Federal agencies, to the extent Applicable under Federal law, be required to conduct their activities in full compliance with the policies of the' Coastal Act. This summary was intended to be brief. Details of management program inechanisins appear primarily in Chiapter 6 to 11, with citations to the relevant legislation. 15 GIAPTER 3 PROGRAM ORJECTIVES AND GENERAL MANAGEMENT POLICIES A. Objectives The California Legislature, in the Coastal Act, declared that the State's basic coastal program goals are to: "(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources. (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and const-itutionally protected rights of private property owners. (d) Assure priority for coastal-dependent development over other development on the coast. (e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone." (30001.5)*' B. Coastal Issues and General Management Policies Chapter 3 in the Coastal Act is a key chapter which sets forth numerous resources, planning and management policies consistent with the goals of the Coastal Act. Primarily, the policies constitute the standards by which theadequacy of local coastal programs and the permissibility of proposed developments will be determined (30200). They are also mandated policies for all public agencies involved in coastal zone activities (30003). These policies, in short, are fundamental parts of the management program. The following sections summarize these policies. Each set of policies is introduced with the rationale for the policies, based on the Coastal Plan, which provided background for the Coastal Act (30002), Public Access Of California's 1,072 miles of mainland coast, approximately 263 miles were legally available for public access in the latter part of 1972, when the people of the State were considering the ballot's Proposition 20. The State Constitution in fact guarantees the Tight of public access to the ocean, but this right has not always been enforced, and many parts of the coast are now fenced or are otherwise inaccessible. While the Coastal Act places special emphasis on adequate Public access, it also recog- nizes public safety needs, the need to protect public rights, rights of property owners, and natural resource areas for overuse, and the need for additional policing, litter control, and other measures. The policies balancing these needs are: "In carrying out the requirement of Section 2 of Article XV of the California Constitution, maximum access, which shall be conspicuously posted, and recre- @ational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse." (30210) '9)evelopment shall not interfere with the public's -right of access to the sea where acquired through use, or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetarian." (30211) "Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal -resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall not be reouired to be opened to public use until a public agendy or priva 'te association agreesto accept responsibility for maintenance and liability of the accessway. *Unless otherwise indicated, parenthetical numbers refer to sections of the California Public Resources Code. The Coastal Act is Division 20, commencing with Section 30000 (see Appendix 1). 16 "Nothing in this division shall restrict public access nor shall it excuse the performance of,duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Goverment Code and by Section 2 of Article XV of the California Constitution." (30212) "Wherever appropriate and feasible, public facilities, including parking areas, or facilities, shall be distributed throughout an area so as to mitigate Against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area." (30212.S) Along the immediate shoreline, home, businesses, and industries have often cutoff existing public access, have used up available road capacity and off-street parking, and have precluded use of the coastline area for recreation, Development has an impact on transportation systems serving the coast and can also reduce upland recreational opportunities that would otherwise relieve demand on the shoreline. A development policy deals with the relationship of access and development: "The location-and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the-development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreational areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development." (302S2) In recent years much coastal property has increased rapidly in value, so people of limited means, including many elderly people, can no longer afford to live in some coastal neighborhoods. This problem is addressed as follows: "Lower cost visitor and recreational facilities and housing opportunities for persons of low and moderate income shall be protected, encouraged, and,-where feasible, provided. Developments providing public recreational opportunities are preferred. New housing in the coastal zone shall be developed in conformity with the standards, policies, and goals of local housing elements adopted in accordance with the requirements of subdivision (c) of Section 65301 of the Government Code." (30213) Recreation The California coast provides recreation for millions of people every year--many from within the State, but many from other parts of the country and the world as well. Serving their needs provides California with jobs and income constituting a valuable part of the State's economy. Visitor surveys, filled campgrounds, and jammed parking lots make clear that even more visitors would be at the coast if there were more room for them; A study bythe State Department of Parks and Recreation in 1971 showed deficiences in a variety of recreational activity opportunities.' For example, deficiencies were found in such recreational activities as ocean swimming due to,insufficient parking facilities, sport fishing due to a "critical shortage" of public land, skin and scuba diving due to a scarcity of quality diving-,areas, and- camping due to insufficient facilities. The same study note that "bicycling and hiking trails along the coast of California are essentially non- existent.111 The scarcity of public access to beaches, tidepools, and other shoreline areas and deficiencies in coastal recreational opportunities provided the most compelling reasons for public concern and active involvement in efforts to enact coastal zone planning and management legislation. The Coastal Act will increase public access to the shoreline and help correct current deficien- ,cies in coastal recreational opportunities both through the permit process and as an integral part of local coastal programs. Relevant Policies are: I "Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses," (30220) 17 "Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated-on the property is already adequately provided for in the area." (30221) "The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal -dependent industry." (30222) "Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible." (30223) While giving considerable emphasis and priority to the use of scarce coastal lands for public recreation and public-serving commercial recreation uses, the Coastal Act also recognizes (in several of the public access policies noted above) that many areas cannot accommodate unlimited crowds without environmental damage,and provideslimits @e placed on access and recreational use as necessary. In recognition of the need to meet public demand for coastal recreation, wid to protect existing facilities and resources from overuse, the Legislature placed the State Urban and-Coastal Park Bond Act of 1976 on the November 1976 ballot. Approved by the voters, this measure assures funding for many of the acquisition sites and recreational facilities recommended in the Coastal Plan. The demand for recreational boating has grown sharply in recent years, and in many coastal marinas there is a shortage of berths. In the past, small-boat marinas were often created by dredging and filling valuable marshes or other wetlands. Because such areas are essential to pro- tect the State's fish and wildlife, and because boating can be accommodated elsewhere without habitat destruction, the Coastal Act draws limits to the development of marinas while simul- taneously encouraging increased boating: "Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facil- ities, providing additional berthing space in existing harbors., limiting non-water- dependent land uses that *congest corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land." (30224) Other policies permit certain boating facilities in degraded wetlands under certain conditions. Marine Environment California's coastal waters are among the world's most productive marine environments, but since the turn of the century, there has been an ominous decline in the quantity of food fish caught in the State's coastal waters, especially near intensively developed urban areas. The reasons are threefold: 1) overharvesting of some popular-fish, shellfish, and marine mammals has depleted their numbers; 2) until recently, the ocean has been viewed as a convenient dumping ground for all sorts of waste products, including materials poisonous to marine life; and 3) coastal wetlands, which serve as "nursery grounds" for many species of fish and wildlife, have been dredged and filled for development. The Coastal Act's principal policy on marine resources is: "Nftrine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivitv of coastal waters and that will maintain healthy populations of all species of marine organisrz adeQuate for long-term commercial, recreational, scientific, and educational purposes." (30230) The Coastal Act also specifies a number of measures to protect these resources: "The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect ripearian habitats, and mini- mizing alteration of natural stream ." (30231) Of California's many biologically productive wetlands and estuarine areas over two-thirds have been destroyed by drainage, filling, and dredging. These critical areas, together with the near- shore areas of the coastal tone, constitute the most productive link in the ocean's food chain. As noted in the California Comprehensive Ocean Area Plan (CCAP), a study and inventory of coastal resources and problems, "the continued reduction of these coastal wetlands is one of the most serious problems facing man in coastal zone fishing and wildlife 111anagement.112 Effective con- servation and restoration programs for living wetland, estuarine, and nearshore marine resources have been largely ignored in the past. The Coastal Act includes policies to protect these re7 sources* "(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 divis ion, 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 wetlana areas only, entrance channels for new or expanded boating facil- - ities; and in a degraded wetland, identified by the Department of Fish and Gamepursuant to subdivision (b) of Section 30411, for boating facilities., if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland; provided, however, that in no event shall the size of the wetland area used for such boating facility, including berthing space, turning basins,' necessary navigation channels, and any necessary support service facilities, be greater than 2S percent of the total wetland area to be restored. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities. (5) 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. (6) Mineral extraction, including sand for restoring beaches, except in environ- mentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource-dependent activities. (b) Dredging.and spoils disposal shall be planned and carried out t6 avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such 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 Game, 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 T)ublic facilities, restorative measures, nature study, connercial fishing facilities in Bodega Bay, and devel.o rent in alreaJv developed parts of south San Diego Bay, if otherwise in accordance with Ms division."'(30233) Elsewhere in.the Coastal Act, provision is made for mitigation measures: "Where any dike and fill development is permitted in wetlands in conformity with this division, mitigation measures shall include, at a minimum, either acquisition of equiva- lent 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 such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking; provided, that a bond or other evidence of financial responsibility is provided to assure that 'restoration will be accomplished in the shortest feasible time." (30607.1) Because of the expected increase in energy.facilities, tanker traffic, and offshore drilling along the coast, the Coastal Act addresses the problem of oil spillage with this policy: 19 "Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur." (30232) 1 The reduction of commercial fishing facilities and the popularity of recreational boating and the possible conflict between these two types of facilities resulted in this policy: "Facilities serving the commercial fishing and -recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of commercial fishing industry." (30234) Seawalls, breakwaters, revetments, groins, harbor channels, cliff retaining walls, and other structures near the shoreline can detract from the scenic appearance of the oceanfront and can alter natural shoreline processes. Yet some of these structures are necessary: "Revetments, breakwaters, groins ' harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dep6ndent uses or to protect existing structures or public , beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fisfikills should be phased out or upgraded where feasible." (30235) The Coastal Plan found coastal streams directly affect the coastal environment in several ways, being, among other things, interrelated with the estuarine systems,-vital to anadromous fish that live in both salt and freshwater, and collectors and transporters of sand to supply coastal beaches. The Coastal Act addresses the various development pressures on streams in the coastal zone as follows: "Channelizations, dams, or other substantial alterations of rivers and streams shall in- corporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat." (30236) Land Resources The Coastal Act recognizes the richness of the nearshore ocean habitat. Recognizing many plants, animals, birds, and marine creatures are dependent on the unique environment of the coast and can only survive in this setting, the Coastal Act affords protection to the sensitive resources of the land environment: "(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. "(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas." (30240) The rich alluvial soils in coastal valleys, combined with temperate climatic conditions, create some of the finest and most productive agricultural land in the Nation. The presence of the sea moderates the climate and helps create an extended growing season and protect coastal crops from frost damage. Yet, much of the prime agricultural land in the coastal zone has been lost to urban development; in the coastal counties, one out of 12 acres (about 8 percenf of the cropland) was converted in the 1960.1s. Urbanization pressure causes problems for remaining agriculture. For example, subdivisions and lot splits fragment land and ownership patterns, making some farm operations less practical. High land costs and taxes increase operating costs. In addition, -residential develop- ment near agricultural areas brings complaints about farm dust, odor, pesticides, and noise, while it increases the problems of vandalism, trespassing, dogs_and other animals, and air pollution that adversely affect agriculture. 20 The policies of the Coastal Act are aimed at maintaining the maximum amount of prime agri- cultural land in production: "The ma'ximum amount of prime agricultural land shall be maint ained in agricultural produc- tion to assure the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural and urban land uses through all of the following: (a) By establishing stable boundaries separating urban and rural areas, including, where .necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban land uses. (b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands where the viability of existing agricultural use is already severely limited by conflicts with urban uses and where the conversion of the lands would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development. (c) By developing available lands not suited for agriculture prior to the conversion of agTicultuTal-lands. (d) By assuring that public service and facility expansions and nonagricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water quality. (e) By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to subdivision (b) of this section, and all development adjacent to prime agricultural lands shall not diminish the productivity of such prime agricultural lands." (30241) "All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 302SO. Any such permitted c6nversion shall be compatible with continued agricultural use on surrounding lands." (30242) The coastal forests in northern California are a valuable, renewable economic resource whose improper management was found to have resulted iii reduced historical timber inventory. The Coastal Act seeks to maintain forest land in production: Ine long-term productivity of soils and timberlands shall be protected, and conversions of coastal commercial timberlands in units of commercial size to other uses or their division into units of noncommercial size shall be limited to providing for necessary timber processing and related facilities." (30243) The Coastal Act addresses the preservation of archaeological and paleontological resources as: 111T@,iere development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required." (30244) General Coastal Development Perhaps the most controversial aspect of coastal managem6nt,involves the regulation of develop- ment. The Coastal Plan made several key findings about the Tole of development in the coastal zone; priorities are needed among competing coastalzone uses; concentrating development enhances use of the coastal zone; properly located high-intensity development can absorb'some demand for coastal land; and growth can be accommodated away from the coastline. Following, in general, the recommenda- tions of the Coastal Plan, the Coastal Act establishes these development policies: "Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided elsewhere in this division, coastal-dependent developments shall not be sited in a wetland.1' (30255) "(a) New development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or,-where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels. (b) Where feasible, new hazardous industrial development shall be located away from existing developed areas. 21 "(c) Vistor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of attraction for visitors." (30250) "New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute sig- nificantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices-that would substantially alter natural landforms along bluffs and cliffs. (3) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board as to each particular development. (4) Minimize energy consunption and vehicle miles traveled. (5) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses." (30253) The growth-inducing nature of large public works projects such as sewage systems, wastewater treatment pj@nts, water systems, and highways is recognized and addressed in the Coastal Act: "New or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the provisions of the division; provided, however, that it is the intent of the Legislature that State High- way Route I in riural areas of the coastal zone remain a scenic two-lane road. Special districts shall not be formed or expanded except where assessment for, and provision of, the service would not induce new developemnt inconsistent with this division. Where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal-dependent land use, essential public services and basic industries vital to the economic-health of the region, state, or nation, public recreation, commercial recreation, and visitor-serving land uses shall not be precluded by other development." (30254) The California coastline is a visual resource of great variety, grandeur, contrast, and beauty. In many areas coastal development has respected the special scenic beauty of the shoreline, but in others incompatible development has degraded and altered the attractiveness of the coast. The Coastal Act addresses the preservation of views and scenery in this fashion: "The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alter- ation of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly sceni6 areas such as those designated in the Cali- fornia Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting." (30251) Industrial Development, Energy Facilities, and Ports The developments with perhaps the most direct impacts, both localized and regional, on coastal zone resources are large industrial facilities, including energy-related developments. The Coastal Plan analyzed the needs for such facilities, and the impacts of them, in great depth, and the Coastal Act establishes many specific, detailed policies (30001.2, 30260-30264, 30413, 30707). In a major policy statement near the beginning of the Coastal Act, "The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including Ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied, natural gas facilities, may have 'significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state." (30001.2) 22 A second major policy on industrial development in Chapter 3 of the Coastal Act Concerns coastal-dependent developments that had to have a coastal location in order to function at all: "Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and -shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibily be accommodated consistent with other policies of this division, they may nonetheless'be permitted in accordance with this section and Sections 30261 and 30262 if (1) alternative locations are infeasible or, more environmentally damaging-, (2) to do otherwise would adversely affect the public welfare; and (3) adverse environ- mental effects are mitigated to the maximum extent feasible." (30260) The Coastal Act also addresses the particular siting and development of tanker terminals, liquefied natural gas (LNG) terminals, oil and gas production facilities, refineries and petro- chemical facilities, and powerplants. With regard to tanker facilities, the Coastal Act calls for multi-company use of existing and new tanker facilities, to the maximum extent feasible and legally permissible, except where to do so would result in increased tanker operations and associated onshore development incompatible with the land use and environmental goals for the area. Tanker facilities are to be designed to minimize the total volume of oil spilled, minimize the risk of collision from movement of other vessels, and have ready access to the most effective feasible containment and recovery equipment for oil spills (30261(a)). The Coastal Act permits only one ING terminal in the coastal zone until the risks inherent in LNG terminal operations can be sufficiently identified and overcome. Until such terminals are found to be consistent with the health and safety of nearby human populations, LNG terminals may be built only at sites remote from human population concentrations. When LNG terminal operations are found to be consistent with public safety, terminal sites may be approved in developed or industrialized port areas only (30261(b)). The Coastal Act permits oil and gas development consistent with a number of conditions related to safety and assuring minimal environmental impacts (30262). New or expanded refineries or petro- chemical facilities, if not consistent with the other policies of the Coastal Act, may be permitted if (1) alternative locations are not feasible or are more environmentally damaging; (2) adverse .environmental effects are mitigated to the maximum extent feasible; (3) it is found that not permitting such development would adversely affect the public welfare; (4) the facility is not located in a highly scenic or*seismically hazardous area, on any of the Channel Islands, or within a suffi- cient buffer area to minimize adverse impacts on surrounding property (30263 (a)). New or expanded. refineries-or petrochemical facilities will also be required to meet all applicable air quality standards. The Coastal Act has several provisions specifically treating major energy facilities'and public works projects. Because of the special emphasis to address energy impact planning in coastal manage- ment programs by the MIA, further discussion on this subject is found in Mapter 9. Chapter 8 in the Coastal Act governs the southern California ports of Hueneme, Long Beach, Los Angeles, and the San Diego Unified Port District and establishes policies to govern development. It declares that coastal planning requires no change in the number or location of the established commercial port districts. These ports are required to submit for Coastal Commission approvalport master plans. Thereafter, if the.plans are certified, permits for approved in-port development do, not require a permit from the Coastal Commission. Instead, each port governing body will act on development proposals in its jurisdiction. However, certain types of development are appealable to the Coastal CoTmission and -regional commissions to determine conformity to the certified port plan. Under the Coastal.Act, port master plans shall include: (1) proposed uses of land and water areas; (2) the projected design and location of port land and water areas, berthing, and navigation ways; (3) an estimate of the effect of develop- ment on habitat areas and the marine environment, including proposals to mitigate-adverse impacts,; and, (4) provisions for public participation in port decision-making, inclusion of detailed informa- tion in the master plan, and a list of appealable-proposed projects, prior:to master plan certification. 23 Conflicts Between Policies' The Coastal Act includes guidance and direction for resolving conflicts that might arise between the policies of the Coastal Act: "The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares -that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies." (30007.5) It is expected that local governments, State and Federal agencies, and the various appl icants for coastal development permits will comply with the intent of this policy guidance. REFERENCES 1. California Department of Parks and Recreation, California Coastline Preservation and Recreation Plan (August 1971), pp. 53-75. 2.. California Resources Agency, Comprehensive Ocean Area Plan (1972), p. 8. 24 CHAPTER 4 THE COASTAL MANAGEMENT AREA A. The Coastal Zone and Permit Area Before 1977 Proposition 20 drew a distinction between a planning area about five miles wide that was termed "the coastal zone" and a "permit area" 1,000 yards wide within which the Coastal Commission and regional commissions would regulate development during the four-year planning period. It is necessary to keep that original distinction in mind in discussions below on subsequent changes in the area now subject to the California Coastal Management Program. Coastal Zone (Planning Area) Under Proposition 20: "'Coastal Zone'.[meantl that land and water area of the State of California from the border of the State of Oregon to the border of the Republic of Mexico, extending seaward to the outer limit of the state jurisdiction in- cluding all islands within the jurisdiction of -the state and extending inland to the highest elevation of the nearest coastal mountain range, except that in Los Angeles, Orange and San Diego Counties, the inland boluidary of the coastal zone [was) the highest elevation of the nearest coastal mountain range or five miles from the mean high tide line, whichever is the shorter distance." (27100) Permit Area. Included within the boundaries of the coastal zone, or planning area, during the te_r_m__oT_t_Fe__l972 Coastal Act (until December 31, 1976) was a development permit area: "'Permit Area' (meant] that portion of the coastal zone lying between the seaward limit of the jurisdiction of the state and 1,000 yards landward from the .mean high tide line of the sea subject to the following provisions: "(a) The area of jurisdiction of the San Francisco Bay Conservation and Development Commission, together with all-contiguous areas 2,900 feet landward thereof, and an control or nel which tlows into such area. Lwas] exclu "(b) If any portion of any body of water which is not subject to tidal action lies within the permit area, the body of water together with a strip of land 1,000 feet wide surrounding it [was included]; provided, however, that this subdivision did not gpply to my river_ stream -tribuLiry-, creek, or flood control or drainage channel when-A-portion of it rlayl within the permit area. "(c) Any urban land area which [was) (1) a residential area zoned, stabilized, and developed to a density of four or more dwelling units per acre on or before January 1, 1972; or (2) a commercial or industrial-area zoned, developed, and stabilized for such use on or before January 1, 1972, [could], after public hearing, be excluded by the regional commission at the request of a city or county within which such area is located. An urban land area [was.] 'stabilized' if 80 percent of the lots [were] built upon to the maximum density or intensity of use permitted by the applicable zoning regulations existing on January 1, 1972. "Tidal and submerged lands, beaches, and lots immediately adjacent to the in- land extent of any beach or of the mean high tide line where this is no beach [could) not be excluded." 27104 Essentially, the Coastal Commission and regional commissions found themselves working with a planning area and a permit area that were not drawn up after months of study but rather quickly during the citizen effort to institute interim regulation controls. Drawing a more rational boundary was a major task of the coastal planning process from 1973 through the publication of the Coastal Plan in late 197S and into the drafting of the Coastal Act in.1976. 25 The Coastal Plan proposed two jurisdictions: a coastal zone and a coastal resource management area, the first being larger than the second. The coastal zone as proposed in the plan was basically the same as that established by Proposition 20. The coastal resource management area, on the other hand, resembled the Proposition 20 1,000-yard permit area only in function. Instead, to the greatest possible extent, the coastal resource management area was resource-based.- It extended from the high tide line inland to include (1) all significant coastai resources (including natural, manmade, and recreational resources) and (2) areas where development could directly or cumulatively affect public access to coastal recreational areas -- for example, by overloading coastal access roads. The significant coastal resources included in the coastal resource management area as proposed and mapped in Part IV of the Coastal-Plan were: beaches, dunes, wetlands, estuaries, and their immedi- ate drainage areas; significant wildlife habitat areas; agricultural lands influenced by the coastal climate or otherwise designated in plan plan policies; existing public recreational areas; (for example, the Santa Monica Mountains); special coastal neighborhoods; and other manmade resources as defined in the glossary of the Coastal Plan. (Offshore rocks and islands were also included.) Areas where develop- ment was seen as affecting coastal access included urban coastal recreation centers confronted with severe congestion problems (including, for example, the Harina del Rey-Venice area west of Los Angeles) .and open coastal areas where there are few public access -roads (for example, Malibu). The Coastal Plan proposed, within the coastal zone, major energy facilities and State and Federal projects be subject to the permit authority of the State coastal agency. The coastal resource manage- ment area was to be the area within which local plans would be brought into conformity with the Coastal Plan, as recommended in Part III of the Coastal Plan. The Coastal Plan maps showed boundary lines approved-by the Coastal Commission on the basis of regional commission recommendations, in turn based on the permit experience and other factors, in- cluding public and government comment. The extent of coastal management had been, naturally, a fre@ quently addressed subject during the extensive hearings that led to the Coastal Plan. B. Coastal Zone Established by the 1976 Coastal Act The Coastal Plan was the basis for the coastal legislation, and the Coastal Act recognizes both the study of coastal issues and the plan for the orderly, long-range conservation, use, and management of the natural, scenic, cultural, recreational, and-manmade resources of the coastal zone (30002). The Legislature, quite obviously an independent body, with a broad, statewide repre- sentation, was not bound to the Coastal Plan in all its respects. Many legislators felt that the distinction between the Proposition 20 coastal zone and the one proposed in the Coastal Plan, the proposed coastal resource management area and the old 1,000-yard permit area, and the various "parts" of the coastal zone that were identified as places where specific Coastal Plan policies should apply (wrong the sub-areas identified in the glossary of the plan are "oceanfront area" and "nearcoast area"), created an implementation system that was overlycomplex. The Coastal Act simplifies the proposed system by establishing a newly defined coastal zone that is essentially the same as the Coastal Plan's coastal resource management area. Drawing not only on the extensive planning but also on the four-year permit experience of the Coastal Commission and regional commissions, the Coastal Act establishes this definition: "'Coastal zone' means that land and water area of the State of California from the Oregon boraer to the border of the Republic ot Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and'recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area." (30103(a)) 26 So, rather than attempting a long, property deed-like description of the boundaries, the Coastal Act describes the inland line as being at 1,000 yards, with the exception of "significant coastal, estuarine, habitat,"and recreational areas" -- then referenced an official map which was drawn by the Coastal Commission and authorized by the Legislature that is on file in the Secretary of the State's office in Sacramento. This map, at a scale of 1:62,500, has 21 large sheets and is available for $13 for a complete set.1 The Coastal Commission was directed. in the Coastal Act to prepare a more detailed -- 1:24,000 -- map by about March 1977. Importantly, the Coastal Commission was given authority to adjust the landward boundary up to 100 yards to avoid bisecting a single lot or parcel or to conform it to identifiable natural or manmad-e features The Coastal Act, in short, defines a coastal zone but references a boundary on a map that can be adjusted to a minor extent but can be modified in any significant way only by the State-Legislature. Experience had shown thai the 1,000-yard line had a basis: the permit process had demonstrated that the 1,000-yard area was generally sufficient to protect significant coastal resources and to assure public access to the coast. But while in some areas there were reasons to leave the jurisdiction at 1,000 yards, there were. numerous areas along the coast where coastal resources that would benefit from greater protection extended inland, well beyond the Proposition 20 line. There are 18 of these significant coastal estuarine, habitat, and recreational areas - which became known during the legislative session as "bulges." In all, they run a total of 412 miles along the coast and extend inland, at the widest points, an average of five miles from the mean high tide line. These inland extension areas are: 1. Lake Earl, Talawa, Smith River Delta 2. Freshwater, Stone, and Big Lagoons 3. Eel River Delta 4. 1 Ten Mile Estuary, Ten Mile Dunes, and Inglenook Fen 5. Sonoma-Mendocina Coast 6. Willow Creek-Bodega Bay 7. Tomales Bay 8. San Mateo-Santa Cruz Coast 9. Elkhorn Slough 10. Big Sur Coast 11. Morro Bay 12. Nipomo, Santa Maria, Guadalupe, and Vandenberg Dunes 13. Point Arguello to Gaviota 14. Carpinteria 15. Santa Monica Mountains 16. Irvine Coastal Area 17. Agua Hedionda to Los Penasquitos Lagoons 18. Tijuana Estuary. All of these had been identified in the Coastal Plan and had been recommended for inclusion in the coastal resources management area, which evolved into the present coastal zone. Appendix 3 contains a list of the 18 "bulges" with the rationale in each case for delineating the boundary. While the Legislature determined that the coastal zone should remain at about 1,000 yards in many areas and should "bulge" in others to protect significant resources in other areas, it also determined that the boundary line could be drawn significantly seaward in areas where development would have little if any impact on resources or public access. Almost all of these areas are heavily urbanized and the Coastal Act, like Proposition 20, recognized there were few coastal-related concerns that could be addressed by applying coastal development policies in these areas. Among these urban areas are Fort Bragg, San Francisco-Daly City, Capitola, Monterey and parts of the Monterey Peninsula, Santa Barbara, Santa Monica, Long Beach, and other Los Angeles-area cities, Huntington Beach, La Jolla, and San Diego. By no means are all of these.areas excluded from the coastal zon e, but the line is significantly seaward of-the 1,000-yard line depending on local circumstances. To aid the reader in understanding the whole process, see the accompanying map, Figure 1, and text that shows why, in the area from Malibu to Marina del Rey the line was drawn at 1,000 yards, or further inland, or further seaward. 27 Fw@ M@ - N W.An N@ I.A Al co 7 MW A, K. @@l WAX VOO Frcl., 4IN I M5. PIS SANTA M p -:@Ii 10 11 12 4miles North DELINEATING THE COASTAL ZONE BOUNDARY: A DESCRIPTIVE EXAMPLE The process by which the present coastal zone boundary was drawn, beginning at the Oregon State line and ending at the international border with Mexico, was long and complex. It would take more than 100 sheets at the size and scale of the accompanying map to show the coastal zone boundary in detail, and perhaps 100 pages of running narrative to describe.where the line is and why. Instead, it is hoped that an example will elucidate the methodology used to delineate the boundary. The map and commentary describe an area west of Los Angeles: the Santa Monica Mountains, in- cluding part of the Malibu-Topanga coast, to the north; the City of Santa Monica; and Venice and Marina del Rey to the south. The coastal zone boundary as it runs through this area includes a residential area where the line is 1,000 yards from the mean high tide line, the general,statutory limit of the coastal zone; an urban area where the line was drawn seaward of the existing 1,000-yard line; and a large "bulge" where the line goes inland to the major ridjeline or five miles to protect valuable coastal habitat and recreational resources. Regional Overview This part of the South Coast has come under severe development pressures in recent years as population and jobs shifted to the west. Those shifts, combined with increased recreational demands, have created severe public access and useconflicts. Access to the M@alibu area historically has been difficult because Pacific Coast Highway (State Route 1) parallels the coast and is the primary access route for visitors and commuters traveling to and from the Los Angeles Basin. A few lateral roads through the Santa %nica Mountains connect %libu with the San Fernando Valley, but as beach usage continues to increase (annual visitation is now in the millions) highway capacities and beach parking lots are severely overloaded during peak periods and summer weekends. Residential development on the seaward side of the coast highway has blocked access--'and views--along 13 miles of the Malibu coast. Failing septic tanks threaten to pollute streams and offshore waters (Malibu is not served by a sanitary sewer system). Further south,, development ranges from single-family residences on the unstable slopes and ter- races of Pacific Palisades to concentrations of high-density and high-rise residential and commercial uses along the bluffs in Santa Monica and in the vicinity of Marina del Rey. The older neighborhoods of south Santa Monica and Venice, offering housing opportunities for low- and moderate-income persons, are under pressures that would convert apartments to condominiums or demolish single-family houses to make way for high price, higher density units. Boundary Description In the north the coastal zone boundary includes significant parts of the Santa Monica 1. Mountains, one of the 18 specifically identified coastal resource areas where the protection of resources and access requires the inclusion of an area landward of the 1,000-yard line. The line follows the major ridgeline, the Santa Ynez Ridge, wherepossible, but is five miles from the shoreline in the north because of the general statutory definition. The Santa Monica Mountains are the last large open space in the Los Angeles metropolitan area, representing a great potential for recreational development and use--hiking, horseback riding, nature study--linking the ocean to upland and inland areas. In the mountains are a number of State and local parks capable of serving a population area of 10 million people. The mountains are also the immediate upland area behind Malibu, not only a'coastal area with high recreational value for its famous swimming and-surfing beaches but an area where uncontrolled development would severely limit public access to the shore. The bulge is included in the coastal zone because it is important to have an adequate management area where habitat as well as long-term public access can be effectively protected, particularly since uncontrolled development threatens to make useless past and present expenditures for public beach and parkland. The line follows the Santa Ynez Ridge@ seaward to near Pacific Palisades, then runs parallel to the shoreline 1,000 yards away. The area outside the coastal zone contains no coastal resources and is largely developed and was not felt to cause potential impacts on public access that would. warrant a line more than 1,000 yards from the shore. At San Vicente Boulevard in Santa Monica, the boundary line goes seaward about two blocks then follows Fourth Street parallel to the coast through-downtown Santa Monica. The line is meant to limit coastal management to the area where development would have a direct impact on coastal re- creational resources and particularly on,public access. The line generally separates a stable, highly developed inland urban area from a shoreline urban area still undergoing development and redevelopment. The boundary follows Fourth Street to Grant Street where it goes landward four blocks to Highway 1, following that south and thereby encompassing existing low- and moderate-income housing in Venice and several key, undeveloped parcels in the Marina del Rey area, both locations where coastal access opportunities are threatened. 29 C. Geographic Ixeas of Par .ticular Concern Within the Coastal Zone Along with discussion of the basis for drawing a coastal zone boundary must come'a dis- cussion of what the resulting coastal zone contains. In general, it can be said that the coastal zone itself and many geographically identifiable parts of it are areas of particular concern. Because of that concern, the management program provides for an interconnecting system of planning policies and regulatory performance standards to be applied for the next few years by a combination of Coastal Commission and regionalcommissions, State agencies, and various local jurisdictions, including ports. The areas of particular concern can be placed in overlapping categories as follows: the coastal zone in general; significant coastal estuarine, habitat,.and recreational resources; specified areas of concern; sensitive coastal resource areas; the Coastal Commission's reserved permit jurisdiction before certification of local coastal program and appeal jurisdiction after certification; and, finally, areas to be acquired for public preservation and restoration. Coastal Zone in General The large geographical area of concern in'the California Coastal Management Program is the entire California coastline and environs. the State recognized this in the early 1970's,T3rst in the, passage of Proposition 20 in November 1972, six months later in the publication of the State's Environmental Goals and Policies Report. Approved by the voters, Proposition 20 contains this language: "The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people and existing as a delicately balanced ecosystem." (27001) The Environmental Goals and Policies Report, published June 1, 1973, nominated the 1,000-yard coastal development permit area established by Proposition 20 as an area of environmental resources and hazards of critical concern, important because of its recreation, access, and connecting link value.2 The Coastal Plan, submitted for implementation by the Legislature December 1, 1975, continued this emphasis on the importance of the coast. "The essence of the Coastal Plan," as noted in the document, "is that the coast should be treated not as ordinary real estate but as a unique place, where conservation and special kinds of development should have priority." And, finally, in the action that made coastal management permanent, the Coastal Act declared: "(a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem. 11(b) That the permanent protection of the state's natural and scenic resources is a paramount concern to present and future residents of the state and nation. 11(c) That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect-the ecological balance of the coastal zone and prevent its deterioration and destruction." (30001) In brief, the entire coastal zone is subject to management of one kind or another as provided, primarily, in the Coastal Act.. The principal management technique will be regulation of development. Significant Coastal Estuarine, Habitat, and Recreational Areas As discussed in Section B of this chapter, the coastal zone boundary was extended inland in 18 areas -- an average of five miles for a total length of 412 miles in order to include Various significant resource areas. 30 More Specific Areas of Concern Beyond the rationale behind the definition of the entire coastal zone, the Coastal Act specified numerous geographical areas and resources *-- all identifiable and mappable that would be subject to specific management policies. All are included within the coastal zone. Following is a brief but non-definitive list of those areas in unlabled groupings: Sea Marine environment Sand transport systems Local shoreline sand supply All waters subject to the public trust Offshore islands Channel islands Marine areas of special biological or economic significance Coastal waters Estuaries Wetlands Streams Lakes Degraded wetlands Lagoons Shoreline area State lands State tide and submerged,lands, filled or unfilled Public trust lands, filled or unfilled Environmentally sensitive areas Fish and wildlife habitat Areas adjacent to environmentally sensitive habitat areas Riparian habitats Habitats in or near ports Biologically sensitive areas on ports Prime agricultural land Agricultural lands around the periphery of urban areas Areas adjacent to prime agricultural lands Non-prime lands suitable for agricultural use "Special treatment areas" (forested lands) Commercial timberlands Existing recreational areas Dry sand and rocky coastal beaches to the first line of terrestrial vegetation Coastal areas suited for water-oriented recreational activities designed to enhance public opportunities for coastal recreation Upland areas necessary to support coastal recreational uses Selected points of attraction for visitors Special communities and neighborhoods that are popular visitor destination points for recreational uses Existing recreational boating space and facilities Natural harbors, new protected water areas, and areas dredged frorn dry land Access corridors to boating harbors Existing non-developed areas Available lands not suitable for agriculture Sites remote from human Do-oulation concentrations Highly scenic areas Scenic coastal areas Areas with views to and along the ocean State Highway I in rural areas Visually degraded-areas 31 Natural landform areas Bluffs and cliffs and natural landforms Seismically hazardous areas Areas of high geologic, flood, and fire hazard Existing structures in danger of erosion Existing structures in floodplains Archaeological and paleontological resource areas Air quality maintenance areas Existing developed areas Urban land areas Specifically defined geographic areas in which a category of development has been found to have no potential for any significant adverse impact, either individually or cumulatively, on coastal resources or public access Existing isolated developments Existing coastal-dependent industrial sites Developed or industrialized port areas- Port Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District Fill basins on upland sites Existing commercial fishing space and facilities Property surrounding refineries or petrochemical facilities Proposed sites of power plants and transmission lines Specified locations where the siting of power plants would prevent the achievement of the Coastal Act policies Public works facilities and areas Special districts State universities and colleges The policies identifying these areas (see Chapter 3).constitute the standard by which the ade- quacy of local coastal programs and the permissibility of proposed developments are determined (30200). The Coastal Act requires compliance by all public agencies and all Federal agencies to the extent possible under Federal law or regulations or the U. S. Constitution (30003). The Coastal Act directs public agencies carrying out or supporting activities outside the coastal zone to consider the effect of those actions on coastal zone resources (30200). A more complete but non-exclusive categorical inventory of areas of concern, together with some of the language of the policies on the management and use of those areas, is contained in Appendix 4. Sensitive Coastal Resource Areas The Coastal Act, in determining what the Coastal Commission's appeal jurisdiction would be after the certification of local coastal programs, categorized several resources as "sensitive coastal resources." This is an important category that is one more element in the composition of the coastal management area and is intended to be applied to areas that cannot be protected through zoning ordinances alone. As defined, "'Sensitivp coastal resources areas' means those identifiable and gewraphically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas*include the following: (a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan. (b) Areas possessing significant recreational value. (c) Highly scenic areas. (d) Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by-the State Historic Preservation Officer. (e) Special communities or neighborhooods which are significant visitor destination areas. (f) Areas that provide@existing coastal housing or recreational opportunities for low- and moderate-income persons. (9) Areas where divisions of land could substantially impair or restrict coastal access." (30116) 32 The Coastal Act (30502 and 30502.5) requires the Coastal Commission to designate sensitive coastal resource areas by September 1, 1977. Each designation must be based upon a separate report adopted by the Coastal Commission that includes a specific determination that the area is of regional or statewide significance, and lists the significant adverse impacts that could result from development where zoning regulations alone may not adequately protect coastal resources or access. The recommended designations must be submitted to the Legislature for designation by statute. Unless the Legislature adopts a recommended designation within two years, it ceases to have any force and effect. Based, however, on the Coastal Comission's designation report, local coastal programs must include -additional implementing actions (e.g., ordinances, regulations, or programs) adequate to protect the coastal resources in conformity with the Coastal Act's policies. After certification of local coastal programs, actions taken by a local goverment on a coastal development permit application for develop- ments in sensitive coastal resource areas may be,appealed to the Coastal Commission if the allegation on appeal is that the development is not in conformity with the implementing actions of the certified local coastal program C30603 (a)(3)). Coastal Commission's Reserved Permit Jurisdiction Before Certification of Local Coastal Programs As will be discussed in greater detail in Chapter 7, the Coastal Act provides that local govern- ments have the option, prior to certification of their local coastal program, of establishing procedures for regulation of coastal zone development in accordance with Coastal Act policies and Coastal Com- mission interpretive guidelines (30600(b), 30604, 30620, 30620.5),.Whether or not the local government exercises this option, a permit1would still be necessary from the regional commissions (or, on appeal, the Coastal Commission) for the following geographical areas that are, obviously, of immediate concern to the entire State: "(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 includedwithin 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." (30601) (Section 3051S includes public works and energy projects as well.) Coastal Commission's Appeal Jurisdiction After Certification- After certification of local coastal programs under the procedures outlined in Chapter 7, the Coastal Commission has an appeal jurisdiction which includes the three areas and developments mentioned above plus 11[d]evelopments approved by the local government-located in a sensitive coastal r.esource. area if' -the allegation on appeal is that the development is not in conformity with the imple- menting actions of the certified local coastal program." (30603(a)C3))- (The fifth jurisdictional category is developments approved by a county that are not designated as the principal permitted use under the zoning ordinance or zoning district map. Some port projects are separately included in the appeal jurisdiction (3071S). Areas Purchased for Public Preservation and Restoration The last major element in the composition of the coastal management area should be mentioned-- the permanent protection and management that can be given to lands purchased for public preservation and restoration. For the most part, the preservation and restoration of coastal resources will be carried out through the policies of the Coastal-Act described in Chapter 3. When the policies of the Coastal Act or the tools of local 2ov6rnment are inadequate to fully protect significant resources, the State Coastal Conservancy -- which is part of the California Coastal Management Program -- will provide additional means by which the protection may be accomplished. Chapter 10 describes the State Coastal Conservancy. Appendix S lists current acquisition sites. D. Excluded Areas For the purposes of the California Coastal @Ianagement Program, there are several types of lands which are excluded from the boundary definition of the coastal zone. 33 Excluded Federal and Trust Lands Section 30008 reiterates the words of the CZMA and states "...excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the federal government, its officers or agents." In accordance with an October 1976 opinion rendered by the U. S. Attorney General, the interpretation of Section 304(a) of the CZMA means that all lands owned by the Federal government must be excluded. Federal trust lands are also excluded from the, coastal zone. The Coastal Commission makes use of the General Services Administration document, "Real Properties Owned by the U. S.", "which separates civil from military properties, as well as facility maps which have been provided to the Coastal Commission by the Federal agencies to identity these excluded lands. These documents are also available to local governments to use in their development of local coastal programs. These lands are addressed during the planning process as being excluded from the coastal zone and the coastal development permit unless otherwise noted in Section 307, Federal consistency regulations. @Surplus Federal lands are also excluded but the State is not Precluded from planning for the potential use of those excess lands should they be acquirable. In addition, for the purposes of consistency and helping Federal agencies, the State will let those agencies which may choose to use the excess lands know what the status of the surrounding lands and water uses are, and any potential conflicts that may occur if@the proposed Federal agency uses might be inconsistent with the approved management program and local coastal program or affect the State's coastal waters. This would be done prior to any Federal agency-acquiring such excess lands. This will be done in the spirit of cooperation, coordina- tionand to avoid future conflicts between State/Federal land and water use decisions. Notwithstanding this exclusion of Federal lands, the CZMA strongly encourages Federal agencies to consider the impact of their activities on coastal resources, and in certain cases requires that their activities be consistent with the State program (Section 307).- The Coastal Act, for its part, de- clares that "all Federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply with the Provisions of this division." (Section 30003) (see Chapter 11 for more commentary on State/Federal -@elations.) Excluded from the Coastal Act's Permit-Provisions The Coastal Act makes provisions for excluding certain areas (as well as certain developments) from the Coastal Commission's interim development permit system but not from the policies of the Coastal Act. The three types which the Coastal Act recognizes are 1) urban lands as defined by Section 30610.5 but which have not yet been delineated by local governments, 2) specifically defined categories of development or specific categories of development within defined geographic areas where the Coastal Commission,finds no potential for any significant adverse effect on coastal resources or public access (Section 30610(d)) and 3) statutory exclusions which include development areas as defined in Section 30610. The categorical and statutory exclusions area.,, will be designated as appropriate and required. (See.Chapter 7 for a discussion of the permit provisions.) E. San Francisco Bay and the Delta Two agencies have responsibility for the comprehensive Planniu,and management of California's land and water areas a'long the California coastline: (1) the Coastal Commission with iuris- diction over all of the coastal zone, except San Franciscc Bay; and (2) the San Franciso Bay Conservation and Development Commission, with jurisdiction over San Francisco Bay and adjoining San Pablo and Suisun Bays. The San Francisco Bay Conservation and Development Commission (BCDC) was established in 1965 as a temporary agency to prepare a plan for San Francisco Bay. Based on the San Francisco Bay Plan adopted by BCDC in 1969, the State Legislature made BCDC a permanent agency with responsibility for regulating development in and around the Bay. Because BCDC is already carrying out a coastal management program based on an adopted plan, no Federal assistance for coastal zone planning (under Section 305 of the C7W)has been requested for this agency; however, a separate application for Federal approval of the Bay Plan as a segment of the California coastal management program was approved by the Secretary of Commerce on February 16, 1977. San Francisco Bay has not been incomorated into the Coastal Commission's management program because the Bay was adequately protected under the provisions of the San Francisco Bay Plan during the development of the Coastal Plan. According to the Coastal Act, the Coastal Commission and BCDC shall conduct a joint review of the Coastal Act of 1976 and the McAteer-Petris Act of 1969 (BCDC's legislation) to determine how the coastal management program administered by these two commissions shall be related to the Coastal Act (Section 30410). Their recommendations must be presented jointly to the Legislature not later than July 1, 1978. The actual changes that may occur. as a result of the joint review and legislative recommendations will be addressed. in a supplemental environmental impact statement which will be submitted when the two segments are combined,into a single unified program. 34 The Sacramento-San Joaquin Delta is located just east of the San Francisco Bay. Freshwater from both the Sacramento and San Joaquin River systems,flows through the Delta into the Bay -- the largest tidal estuary on the West Coast -- where it mixes with the saltwater from the Pacific Ocean. Though once a marsh, nearly all of the Delta was diked off many years ago foragricultural use, and the farmland in the Delta is now some of the most fertile and productive in California. Although the Delta is an important natural resource, it is not within the jurisdiction of either BCDC or the Coastal Commission under present law; therefore, it is not included within the boundaries of the California coastal zone at present. Furthermore, the CZMA does not require the inclusion of the Delta in the coastal zone because, unlike the waters in the Bay and along the rest of. the coastline, the water of the Delta is freshand must remain so if it is to continue to be used for irrigation and as a source of drinking water. (The,CZMA defines coastal waters as waters adjacent to the shorelines, which contain a measurable quantity or percentage of seawater (Section 304(2)). .Even though the CZMA does not require inclusion of the Delta within the coastal zone boundaries, these boundaries will have to be reviewed from time to time in light of changing conditions. The Delta's ecological relationship to the coast, and in particular to San Francisco Bay, is well-documented. Moreover, development pressures are increasing, particularly for water-related industry and for waterfront and recreational housing, to some extent because waterfront land for these uses is in increasingly short supply in the coastal zone. Water-related recreational use of the Delta is also increasing. All these uses compete with agriculture for the fertile soils of the Delta and indicate that the same trends that created the need for coastal management elsewhere in California are at work here also. The California Coastal Management Program will be managed under the provisions of the Coastal Act as administered principally by the Coastal Commission, regional commissions, and local govern- wents. San Francisco Bay and its shoreline will continue to be managed under the approach that has proven, over the past 10 years, to be the Nation's most effective program in regulating the use of a largely urbanized coastline through the use of the Bay Plan as administered by BCDC and other,State agencies. The Delta, where the vast, rural area is just beginning to be exposed to development pressures, will not, for the immediate future, be addressed as part of the coastal management program@ but will instead be managed by State agencies.and local governments using existing regulatory authorities. REFERENCES The Coastal Commission has made arrangements with-Addressograph Multigraph Corporation Graphics (440 Mission Street, ban Francisco, California; teleph@6ne@(41S) 781-4353) to provide copies of the.1:62,500 boundary map referenced in the Coastal Act. The 21 sheets covering the entire coast are broken down as follows: North Coast -- sheets 1-6; North Central Coast, 7-8; Central Coast, 1-12; South Central Coast, 13-17; South Coast, 18-19; and San Diego Coast 20-21. Individual sheets cost $1, the full set $13, plus tax and postage. Those interested in the not-yet-produced 1:24,000 set should contact the Coastal Commission office in San Francisco. 2. The -report resulted from a legislative mandate to the Reagan Administration in 1970 when it was recognized that the growth and distribution of California's population was intrinsically related to impacts on the natural environment.. -A fundamental concept of the report is that beyond the State's self-evident interest in all of its resources, there are some resources which, because of unique natural values, high productivity, hazardous qualities,or special value for specific purposes, are of statewide interest and which should be carefully reviewed before irrevocable land use decisions are made. Furthermore, within areas of statewide interest are those which are threatened by immediate changes in land use, are of high value for food and fiber production, are vital to the survival of. certain life foimis, are the superlatives of their kind, or are of an immediate and severe hazardous nature to the welfare of the people of the State, and are, therefore, areas of statewide critical concern. The report went on to nominate potential environmental -resources (including the coast) and hazards of critical concern. 35 CHAPTER 5 LAND AND WATER USES SUBJECT TO MANAGEMENT In its planning the Coastal Commission made an exhaustive analysis of the impacts of various land and water uses on coastal zone resources. At a very ejkrly point in the planning process, however, the decision was made not to endeavor to produce a statewide general coastal land and water use map that would guide future growth along the lines of penitissible and prohibited uses. Experience has shown that this practice is inflexible and cannot respond to the rapid changes in approaches to land development. New uses are continuing to emerge (such as floating offshore coal burning power plantsl so strict lists of permissible or prohibited uses would be incomplete and obsolete in a very short time. To resolve this problem the Coastal Commission decided to follow the approach that is generally being taken in resource management prograLs of developing performance standards and criteria, (herein- after performance standards) for all uses based on an intensive analysis of the impacts on the coastal resources of various activities and the capability of the resources to respond to the impacts. The resulting performance standards are applicable to all proposed uses, but some uses posed such unique problems that additional standards were generated to deal with the particular use. Similarly, some resources were found to be of particular concern so standards had to be developed.to apply to any use proposed that would impact on the particular resource. As a result of this approach, three general types of performance standards are found in the Coastal Plan policies and are subsequently expressed in the Coastal Act: (1) those dealing with any general development along the coast anywhere (e.g., public access requirements, protection of environmentally sensitive habitat areas, etc.); (2) those dealing with a particular use or impact (e.g., marinas, disposition of oil field brines, etc.); and (3) those dealing with the protection of particular resources (e.g., wetlands, agricultural lands, etc.). Appendix 6 contains a lengthy, but non-exclusive, list of land and water uses subject to management. Thus by addressing.the effects of.various uses rather than specifying the uses per se, the Coastal Act provides for the determination of the permissibility of a proposed land or water use by measuring its impacts against performance standards. The application of performance standards is discussed in the coastal development permit process. The Coastal Commission and regional commissions,,both under Proposition 20 and the Coastal Act,, have staff permit analysts who first analyze the coastal resource issues involved in a permit application and prepare a sunnary for the commissioners before the hearing and then prepare a staff recommendation for the commissioners before the meeting at which the permit application (or appeal) comes for a vote. The policies of the legislation are brought to bear on a continual basis in this process: each policy has a criterion that forms a question that is directed to the proponent for the development: is it a'coastal-dependent use? does the project adversely impact on marine species? does it block public access to the shoreline? The answers, of course, can be reasons for approving the development, denying it, attaching conditions, requiring mitigation measures, or a combination of these. When the Coastal Commission and regional commissions, as provided in the Coastal Act, eventually transfer permit authority (with the exceptions and with,an appeal jurisdiction) to local governments upon the certification of local coastal programs, it is expected that performance standards will still be applied to coastal developments. But local governments will have, in their programs, trans- lated the words of the policies into the general plans.- zoning district ikal)s and zonin-- ordinances -- and in many cases other implementation tools -- which may make the standards more detailed and specific in all, perhaps more sensitive to local and even regional needs. In addition, a local government will generally have the option of requiring a separate coastal development permit -- using the local coastal program standards -- or integrating standards involving coastal concerns with,other standards on noise, waste disposal, structural safety, setbacks, and so forth. In the final analysis, whether the Coastal Commission and regional commissions or local governments are.operating the system, the result is the same:, development must pass certain tests for conformity with coastal resource and development policies. A. Use Acceptability Using the approach outlined above, use acceptability is determined on the basis of performance standards. In developing the performance standards contained in the Coastal Plan policies over the short period of time provided by coastal planning by Proposition 20, it was necessary to rely heavily on the research that had already been conducted on California coastal resources and the impact of various activities on those resources. Fortunately, extensive research has been carried out along the coast. 36 The most recent and comprehensive inventory of the natural and marmade coastal resources is provided by the Comprehensive Ocean Area Plan (volume 11) completed in May 1972. This information was supplemented with other inventories, land and water use capability studies, economic and technical feasibility information, and extensive additional data. An extensive bibliography of source material was used in the preparation of the Coastal Commission's technical reports. (Specific mappedinformation was drawn from many sources with the major ones listed on pages 286, 314, 328, 356, 392, 410, and 420 of the Coastal Plan.) - The process used in the preparation of the technical reports and the derivation of findings and policies from the background technical information was a lengthy,complex process. Basically, the technical studies revealed problems and issues. Based on these findings, policies were developed that would address the problems and relate land and water use allocationdecisions to resource values. For example, studies of the marine environment, in the words of the Coastal Plan, determined that: "'Coastal waters are at a minimum four time more productive than the.open ocean; even though the waters over the continental shelves comprise only 10 percent of the world's ocean surface, 90 percent of the world's fisheries are concentrated in this zone" (page 26).. "Living marine resources are not only important in supplying protein and other products ' but ... contribute at least $600 million annually to the California economy" (page 27). Moreover, "Coastal wetlands, made up of tidal marshes and mudflats and related freshwater marshes, are a vital part of the productive coastal water system ... Salt marshes are one of the most productive living systems known, ranking in productivity with intensively cultivated rich tropical agriculture" (page 38). "Coastal ... wetlands are particularly vulnerable to being used by man in ways that provide economic benefits but nevertheless destroy their natural values ... Coastal wetlands have been dredged for ... marinas, (and) ... filled to provide new land for development ... Of the original 197,000 acres-of marshes, mudflats, bays, lagoons, sloughs and estuaries in California (excluding San Francisco Bay), the natural productivity and open space values of 102,000 acres (52 percent) have been destroyed by dredging or filling. Of California's remaining estuaries and wetlands., 62 percent have been subjected to severe damage and 19 percent have received moderate damage. In southern California, 75 percent of the coastal estuaries and wetlands have been destroyed or severely altered by man since 1900. Two-thirds of 28 sizeable estuaries existing in southern California at the turn of the century have been dredged or filled" (page 39). In short, wetlandsI which are a vital link in the productivity of marine life and a key to the economic viability of the multi-million dollar California fishing industry, were being destroyed at a very rapid pace. As noted, many of the wetlands have been dredged or filled for marinas. Yet the boating industry plays a major role in the economic importance Of California's recreation and tourism industry, which the Coastal Plan found, contributes"...at least $2.5 billion annually to the California economy and generates over 280,000 jobs" (page 159). Furthermore, "(t)he demand for boating facilities is so great that the berths planned for construction over the next 10 years would, if built, barely cover the existing demand" (page 16S). Based partially on these findings in the Coastal Plan, the following general planning policy and performance standards apply to boating facilities: "Increased recreational boating use of coastal waters.shall be encouraged, in accordance with.this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space'in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support-facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land." (30224) 'Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or economic sig- nificance. Uses of the marine environment shall be carried out in a manner that will sustain the biological:productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes." (30230) 37 "(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 wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and main- tained as a biologically productive wetland; provided, however, that in no event shall the size of the wetland area used for such boating facility, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, be greater than 25.percent of the total wetland area to be restored. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities." (30233) The Department of Fish and Came, in cons-Ultat,ion with the cornissiuii aiid the Department of Navigation and Ocean D6velopment, may study degraded wetlanc[s and idertify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any such study.shall include consideration of all of the following: (1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. .(2) Whether a substantial portion of thedegraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. (3) Whether restoration of the wetland's natural values, including its biological. productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction witha boating facility or whether there are other feasible ways to achieve such values." (30411) By following the standards included in the above policies, the resource value of wetlands can be protected while allowing the continued use of coastal waters for boating activities. There are many other such interrelationships between resource values and use activities in the Coastal Plan and in the Coastal Act. During the coastal planning process a matrix was prepared showing these many interrelationships by noting which Coastal Plan policies would be applicable where various uses or activities impact on a variety of natural and manmade resources. B. Uses of Regional Benefit The provisions of the Coastal Act have as their foundation the goal of benefiting the general public. Beyond this general benefit,.the policies fall into two broad categories. First are those that act to provide immediate protection of coastal resources, such as Sectioji 30244, which requires that where development would adve-rsely impact archaeological or i)aleontological re,;ouTces, Mitigation measures shall be required. Second are those policies that are recommendations for certain studies or processes to be carried out to improve future decisions regarding use of coastal areas and thereby providing an eventual benefit to the public. Section 30411(b), auoted in Section A above, is one such example of this type of policy in that it recoTmends that several State agencies cooperate in a study to identify those degraded wetlands that can be restored in conjunction with the development of a boating facility. Because so many of the resources of the coast are unique, almost all of the policies are of greater than local significance. Obviously, it is quite difficult and somewhat subjective to determine whether the protection of coastal areas for water-oriented recreational activities is of regional benefit because better recrea- tional opportunities can be assured for the -residents of the surrounding communities or of national significance because it will offer all citizens desirable vacation and-leisure destinations. Similarly, the protection of wetlands not only enhances the esthetic and ecological values of the wetland itself, and the region in which it is located, but it also preserves feeding grounds for migratorywaterfowl and protects ha.bitat for marine life that are of -national or even international importance. 38 Some of the policies have both d.irect and indirect benefits. For example, Section 30234 of the Coastal Act will ensure that the commercial fishing industry shall be protected to protect the economic viability of a community, and is, therefore, of direct benefit to the region. At the same-time, it directly benefits the Nation by guaranteeing a continued supply of fish necessary to help meet the country's demand for food. Similarly, a policy such as Section 3n2S3(5), aimed at the protection of the character of unique coastal communities, directly benefits the region and also indirectly benefits-the Nation by guaranteeing that tourists from throughout the Nation who visit the coast will have the opportunity of enjoying a unique experience of visiting these protected communities. Consequently, it must be recognized that the differentiation between p olicies of regional benefit from those of national benefit is inherently subjective and imprecise. Nevertheless, the exercise of indexing the benefits of the Coastal Act does provide some indication of their broad benefit. To ensure that these uses of regional and national concern are not arbitrarily excluded, restricted, or excluded from the coastal zone, the.Coastal Act requires that every city and county within the coastal resources management area must amend its general plan and implementing ordinances to bring them into conformity with the Coastal Act, and that State, regional, local, and, to the extent allowed by Federal law, Federal agencies must undertake and guide development.in the coastal zone consistent with the policies of the Coastal Act. @Joreover, under the provisions of Section 30603(a), after a local implementation program is certified, the following developments of statewide concern can be appealed to the Coastal Commission: Developments between the sea and the first public parallel road or within 300 feet of the beach or mean high-tide line; o Developments located on tidelands, submerged lands, or public trust larlds, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff;, Developments located in sensitive coastal resources areas; o Any development allowed by a coastal county that is not designated as the principal permitted.use under the zoning ordinance or zoning district map as certified; and under Section 30SIS Any development that constitutes a major public works project or energy facility. The Coastal Commission also is required to adopt procedures in accordance with Section 30@01(c) which recommends uses that are of more than local importance which local governments should consider in the preparation of local coastal programs. To apply the Coastal Act's policies and to help local governments carry out the Coastal Act, more detailed planning will be conducted to ensure that the- regional and national'benefivof the Coastal Act's policies are not lost. To this end, additional planning will be carried out in a joint effort of the Coastal Commission, local governments, regional agencies, affected Federal agencies, other State agencies, and citizensIgroups, for coastal areas where the cumulative impact of development over time has the potential for adversely affecting coastal resources or coastal access. These plans will apply Coastal Act policies to subregional areas in order to establish development alternatives that are consistent with the Coastal Act and its provisions for protecting uses of regional and national benefit. As discussed in Chapter 11, California has received extensive assistance and cooperation from many Federal agencies in the preparation of the Coastal Plan and the evolution of the Coastal Act and the analysis of uses of regional and national benefit. Through this process, there has been an opportunity for national interests, as perceived by Federal agencies, to be incorporated into the Coastal Act's policies. C. Priority Designations Although the management program set forth in the Coastal Plan and subsequently expressed in the Coastal Act relies primarily on performance standards and development criteria to achieve its goals, a system of use priorities has also been integrated into the Coastal Act to aid in determining the. appropriate use of coastal areas and in resolving conflicts between competing uses. These priorities will be treated in concert with other policies to provide a mechanism for making resource allocation decisions and, as such, they must be viewed in the context of the entire management program. However, for purposes of this section, it is useful to.isolate the priorities expressed in the Coastal Act and to examine the hierarchy of uses they establish. The Coastal Act places as its highest priority the preservation and protection of natural resources including wetlands, marshes, environmentally sensitive areas, and agricultural lands. In environmentally sensitive areas, priority is given to uses that would be consistent with resource protection, and the following policies were developed to establish this priority: "(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. 39 "(b) Development in areas*adjacent to environmentally sensitive habitat areas and parks and -recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatiblewith the continuance of such habitat areas." (30240) In the case of agricultural land, the highest priority is placed on maintaining the maximum amount of prime agricultural land "to assure the protection of the areas agricultural economy." (30241) In addition, the Coastal Act proposes agricultural preservation measures, including tax reforms, to be enacted by the State Legislature. On coastal lands not suited for agricultural use and not designated for preservation, coastal- dependent development (i.e. develol)ment or use that requires a site on or adiacent to the sea to he able to function at all) has the highest priority (30255). The Coastal Act recognizes that certain coastal-dependent uses of State or national importance (such as fishing, port facilities extraction of coastal minerals, and tanker terminals) will have to be accommodated on the coast (@0001.2). To allow for the provision of these uses while still providing a maximum resource protection, the Coastal Act includes standards for coastal-dependent development that will assure maximum feasible protection of the environment. Public recreation uses have priority on coastal sites not des ignated for preservation and not needed for coastal-dependent development. The provisions of Section 30220 and 30221 are aimed at guaranteeing future generations with coastal sites required for water-oriented recreational activities that cannot readily be provided at inland water areas, and.obliges the State to protect oceanfront land suitable for recreational use. If coastal property is not reserved for'any of the uses described above, private development may then be permitted, but, even in this case, there are priorities to be considered. For example, visitor- serving commercial recreation has priority over private residental, general industrial, and general commercial development (30222). Similarly, development that would provide significant opportunities for public access to the coast has priority over other general development, and visitor-serving commercial recreation and private residential developments that include low and moderately priced facilities can have priority over exclusive and expensive facilities (30213). Despite the policies that have some mention of priority designation, a definitive or explicit list of use priorities would be inappropriate within the performance standard concept utilized. Some' implicit priorities can perhaps be seen in the relative stringency of siting and design of land and water use policies. (See Appendix 6 for a lengthy listing, with citations to the Coastal Act, of many of these uses.) 40 CHAPTER 6 MANAGING THE COAST (1): CALIFORNIA COASTAL COMMISSION Proposition 20, approved by-the,voters in 1972, had established seven coastal commissions--one State and six regional--to regulate coastal development while a long-range,plan for the protection of coastal resources was being prepared. That'document, the Coastal Plan, recommended the establishment of a permanent State coastal agency. In the'Coastal Act, the Legislature declared that: "To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California's coastal resources, to protect regional, state, and national interests in assur- ing the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a.diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to provide for continued state coastal planning and management through a state toastal commission." (30004(b)) The primary responsibility for ensuring the Coastal Act is carried out rests with the Coastal Commission. Initially, conformity with the manageme 'nt program provisions will be assured through the Coastal Commission's regulatory authority which covers virtually all private and public develop- ment along the coast, including that carried out by other State agencies. Ultimately, the management program will be implemented primarily by the local governments acting on behalf of the State after their plans have been brought into conformity with the Coastal Act and certified by the Coastal Commission. Subsequentactivities by private interests or public agencies will have to comply with the local plan. A system of appeals to the Coastal Commission acts to protect needs greater than local in nature. Revisions.to the local plans will be coordinated by the Coastal Commission and will be based on planning carried out jointly by the Coastal Commission, and all affected local, regional, State,and Federal agencies. In short, a State commission, the Coastal Commission -- successor to that established by Proposi- tion 20, which expired December 31, 1976 -- is responsible for overseeing the pennit process for the coastal zone while the local coastal programs are being written, approved, and certified as conforming with the policies of the Coastal Act. The 'Coastal Commission will remain a separate agency, responsible for the implementation of the Coastal Act and for the administration of the coastal management program under the provisions of the CZMA. A. Structure, Membership, and Terms of Ofkice The Coastal Act, effective January 1, 1977, established a 15-member, part-time, unsalaried state-, wide Coastal Commission and, until no later than June 30, 1979, six regional commissions. These arethe successor agencies of those set up under Proposition 20 in 1972. California Coastal Commission The statewide Coastal Commission consists of 12 members appointed in the same manner as under Proposition 20: six public.members (two selected by the Governor, two by the Senate Rules Committee, and two by the Speaker of the AssembW@ and six repres@ntatives from the reQ11onal commissions (appointed by each regional commission from its membership). -Three additional non-voting ex-officio members are added to the Coastal Commission by the Coastai Act: the Secretary of the Resources Agency, the Secretary,of the Business and-Transportation Agency, and the Chairperson of the State Lands Commission (30301). The latter three officials can appoint designees in their places, and the six regional repre@entatives may appoint alternates (30301.5). The Coastal Act provides that the Governor, Senate Rules Committee, and Speaker of the Assembly "shall make good faith efforts" to assure that the public-member appointees "as a whole, reflect, to the greatest extent feasible, the economic, social, and geographical diversity of the state." (30310) The Coastal Act mandated, "for a smooth transition!' between Proposition 20 and the Coastal Act, that half the public-member appointees on-the Proposition 20 commission be appointed to the successor body (30310). (In fact, seven of the-1976 members, 'including the chairperson, were reappointed, and three of the new public members hav6 previously served on regional commissions.) 41 Lhless replaced, the six regional representatives continue their membership on the Coastal Commission. Following the termination of a regional comission, the Coastal Act provides for the re- gional representative's replacement by a county supervisor or city councilperson (resident of a coastal county) appointed by the Governor, the Senate Rules Committee, and the Speaker of the Assembly, in the order prescribed by Section 30310(a,, from a list of nominees submitted by the board of supervisors and city selection committee (30301.2(a)), or from a second list if none of the first nominees is found acceptable by the appointing authority (30301.2(b)). Public members can serve for two years, at the pleasure of their appointing power, and may be -reappointed for succeeding two-year periods (30312(b)). Representatives of -regional commissions serve at the pleasure of the regional commissions that appointed them (30312(c)). Commission members, all of whom are part-time, serve without salary but are paid $50 for each meeting attended, and $12.50 for up to eight hours of meeting preparation, and may be reimbursed for expenses (30314). Regional Commissions The Coastal Act provides for the continuation of the six regional commissions with no duties or responsibilities other than appointment of a representative to the Coastal Commission unless the Coastal Commission, upon review of the projected work load, certifies that a regional 73-m-miss ion is necessary to expedite the review of local coastal programs. and coastal development permit appli- cations (30304.5@ (The Commission on January 12, 1977, certified all six regional commissions.) In any case, the regional commissions are to retain the same membership formula as under Proposition 20: in general, one supervisor and one city councilperson from each.,county and one delegate from the regional council of government, plus an equal number of public members appointed by the Governor, Senate Rules Committee, and-Speaker of the Assembly (30302). Because of differences in a number of governmental units within each region, the North Coast, South Central Coast, South Coast, and San Diego Coast regional cormissions each consist of six goverment representatives and six public members, while the North Central regional commission has seven goverment representatives and seven public members, and the Central Coast regional commission has eight of each. Provisions are made for goverment representatives to appoint alternates (30304). As with the Coastal Commission, the Coastal Act provides that half of the public members o 'f each .regional commission as constituted under Proposition 20 be reappointed after January 1, 19.77. (30311). Representatives from local or regional government.serve at the pleasure of the appointing authority, with membership ending if the representative's term of office as a locally elected official ends, and public members serve two-year terms at the pleasure of their appointing powers (30312). Regional commission members serve without salary except for attending meetings and for expenses (30314). Thirty days after certification of the last local coastal program within a region, and in any case not later than,June 30, 1979, regional commissions will terminate, at which time the Coastal Commission becomes the successor of remaining obligations, interests, etc. (3030S). The Coastal Act provides that the Coastal Commission may maintain regional offices for convenient public access and .participation in commission activities (30317). B. Powers and Duties The Coastal Commission is designated as the State planning and management agency for the coastal zone and may exercise all authority pursuant to the CZMA (30330). It may grant or issue certificates of consistency with the management*program required by Section 307 of the CZMA except for activities affecting the San Francisco Bay segment of the coastal zone which are certified for consistency by BCDC, and power plants which are certified by the State Energy Commission. The Coastal Comission,, however, has the authority to identify specific locations-where power plants cannot be sited because of the sensitive nature of the area (30413(b)). After certification of port master plans, the ports assume the authority of determining consistency within their boundaries. 42 In addition to the permit and appeal authority (discussed below),the review and certification of local coastal programs (discussed in Chapter 7), and cooperation and coordination with several State agencies (discussed below), the Coastal Commission has numerous other statutory powers and duties, including: 1. Preparing and adopting procedures and schedules for preparation, approval, certificatior6and amendment of local coastal programs (30501); 2. Making and amending rules and regulations in accord with the Administrative Procedure Act (30333); 3. Assisting local governments in exercising their powers and in designing local coastal programs (30336); 4. Establishing a joint development permit application system including consolidated procedures for public hearings on any proposed coastal development in order to lessen the time and paperwork involved in obtaining a permit (30337); S. Preparing subregional plans where necessary (30341); 6. Adopting a map delineating the precise boundaries.of the coastal zone (30103); 7'. Ensuring public participation in the Coastal Commission and regional commissions work (30339); 8. Budgeting all funds available to the Coastal Commission and regional commissions (30340); 9. Preparing a local coastal program if so requested by a local government (30500); 10. Preparing, undertaking, and adopting plans, maps, and studies (in the case of plans and maps, after public hearings) deemed necessary to better accomplish its task of im-plementing a coastal management program (30341); 11. Preparing and - submitting a progress reDort on imolementation of the management program to the Legislature every other year beginning January 1979 (30342); 12. Conducting a joint review with BCDC of the Coastal Act and the BCDC legislation and submitting a report to the Legislature by July 1, 1978, concerning the future relationship of the two''agencies and their work @30410); 13. Designating sensitive coastal resource areas (see Chapter 4); 14. Reviewing the anticipated work.load and certifying that a rekional commission is necessary to expedite review of local coastal programs ana coastal development permit appli- cations (30304.5); and 15. Seeking judicial resolution of conflicts (30334). Except as otherwise specified in the Coastal Act, a majority of.the iotal appointed membership of the Coastal Commission or regional commissions constitutes a quorum and is necessary to approve any action required or permittedunder the Coastal Act (3b315), C. Development Permit and Appeal Authority The Coastal Commission, in brief, is vested with continued regulatory control over coastal development until the local coastal programs are written and certified (see Figure 2). As the local-coastal programs are certified, over the next few.years, until January 1, 1981! this interim permit authority ends in each jurisdiction, and will be replaced by an appeal jurisdiction over certain resource areas and over certain kinds of development. Permit Regulations The Coastal Commission will continue to exercise interim development controls within a local ,government's jurisdiction in the coastal zone until the local coastal program has been certified unless, under a special provision, the local goverment adopts pTocedures,for the review and approval of permits in accordance with the Coastal Act policies (30600(b), 30620.5). If the local goverment exercises this latter option, t1i.e Coastal Commission still retains permit authority over: 1. Developments located within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of a coastal bluff. 2. Developments between the sea and the first public road paralleling the' sea or within 300 feet of the inland extent of a beach (or mean high tide line where there is no beach), whichever is the greater distance. 3. Developments which constitute a major public works project or a major energy facility (30601). After certification of local coastal programs, coastal development permits will be issued by local governments except Coastal Commission permits will continue to be required for developments on tidelands, submerged lands, or public trust lands (except those specified in Section 30519(b) for port and harbor district projects included in local coastal programs). 43 COASTAL COMMISSION AND REGIONAL COMMISSION DEVELOPMENT CONTROLS BEFORE CERTIFICATION (Regular Permits) In those areas not excluded per PRC 30610 and 30610.5, and where local goverment has not elected to issue coastal development perm@its, the Coastal Conunission and regional commissions shall issue permits in the following manner: COASTAL REGIONAL C M ISSION Permit Received Regional- Regional Appeal Received coastal by Regional Commission Commission by Coastal Commission 41 Commission Hearing Action Commission Hearing STANDARD OF REVIEW a) development conforms to Chapter 3 (PRC 30200 et seq.) b) approval would not prejudice ability to'prepare a local coastal progi 1) public hearing held within 21-42 days after permit application received 2) action required a days after hearing date 3) appeals must be filed within 10 work days of action; any aggrieved person, applicant, or arW 2 members of Coastal Commission may appeal the regional commission action 4) public hearing within 21-42 days of appeal receipt; proceeds to full hearing and action unless Coastal Commissio a) no substantial issue, or b) no question as to conformity with Chapter 3 C Coastal -...,n _..g He Prior to certification, all actions on permits taken by the local goverment or the regional commissions are appealable to the Coastal Commission. After certification, only the following actions are appealable to the Coastal Commission: (1) Developments approved bv the, local government between the. sea and the first public road paralleling the sea or within 300 feet of tne 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 approved by the local government not included within paragraph (1) of this.subdivision located on tidelands, submerged lands, publictrust 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) Bevelopments approved by the local goverment not included within paragraph (1)"or (2)-of this subdivision located in a sensitive coastal recource area if the allegation on appeal is that the development is not in conformity with the implementing actions of the certified local coastal program. "(4) Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500). "(5) Any development which constitutes a major public works project or a major energy facility." (30603(a)) (The standard for review of any.development in paragraph three is conformity'with the implementing actions of the certified local coastal program (30603(c).) The grounds for appeal of those developments in paragraph one are limited to the following: "(1) The development fails to provide adequate physical access or public or private commercial use or interferes with such uses. "(2) The development fails to protect public views from any public road or from a recreational area to, and along, the coast. "(3) The development is not compatible with the established physical scale of the area. (4) The development may significantly alter ocisting natural landforms. "(S) Ilie development does not comply with shoreline erosion and geologic setback requirements.." (30603(b)) .-Any appealable action as listed above may be appealed to the Coastal Commission by an applicant, an aggrieved person (except in denials), or any two members of the Coastal Commission. Any permit issued by a local government is subject to reasonable terms and conditions to assureconsistency with the coastal program (30607). The Coastal Commission is required, where feasible, to establish a joint development permit appli- cation system and joint public hearing procedures with other agencies (30337). The Coastal Commission adopteda number of interim permit procedures at-its first meeting, January 12, 1977 and by May 1, 1977, will adopt permanent procedures (30620). These draft regulations have been distributed by the Coastal Commission and are available upon request., The Coastal Commission and regional commissions have 21 to 42 days to schedule a hearing on a permit application or appeal (30621). A decision'is required within 21 days of a hearing (30622). Failure to act within these time limits upholds the decision being appealed (30625). A regional commission decision is final if no appeal is filed within 10 working-days after the action (30622). All Coastal Commission hearings are de novo (30621) . Prior to certification, all actions on permits taken by the local government are appealable to the Coastal Commission by the executive director of the regional, commission, any person including the applicant, or any two members of the regional commission or the Coastal Commission to the regional commission (30602).(See Section 30625 for appeals from the regional commissions.), 45 Coastal Commission permits are not required for: Statutory Exclusions i. Certain improvements to existing single-family residences (30610(a)). 2. Certain maintenance dredging (30610(b)). 3. Certain repair or maintenance activities (30610(c)). Categorical Exclusions 4. Certain utility connections (30610(e)). 5. Developments which the Coastal Commission determines (on a two-thirds vote) have no potential for any significant adverse effect on coastal resources or public access (30610(d)). Urban Exclusions 6. Certain developed urban areas (30610-5). 7. Persons with vested rights (if granted an exemption) as long as construction is pursued within three years of the granting of an exemption and persons who have a permit issued by the existing Coastal Commission (30608). 8. Power plants under the jurisdiction of the State Energy Commission (30413). Section 14 of the Coastal Act amended the Revenue and Taxation Code to require local assessors to consider locally issued coastal development permits (after certification of the local coastal program) as enforceable restrictions in assessing land. 46 CHAPTER 7. MANAGING THE COAST (2): LOCAL COASTAL PROGRAMS AND DELEGATION OF PERMIT AUTHORITY TO LOCAL GOVERNMENTS Proposition 20, passed in 1972, established a strong State role in coastal planning and management. The coastal Act of 1976 provided for a continued State role, but in the Coastal Act the Legislature found and declared: "To achieve maximum responsiveness to focal conditions, accountabili ty, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement!' (30004(a)) Local governments will be relied on in the coastal management program for several reasons: e Using the existing local government land use planning and development review system can help eliminate-duplication at the State level;. 9 Local government is both accessible and accountable to local citizens; e Consolidation of the development review process at the local level reduces the time and money costs to applicants; and e Local governments are best able to reflect the different conditions and values of the many con = ities along the 1,072 mile coastline. Because current State planning law already requires that each local government prepare a general plan for the use of land within its jurisdiction, and also requires that zoning ordinances conform to that plan, implementation of much of the coastal management program by local governments is a logical step. Accordingly, the Coastal Act requires that general plans be amended to conform to the Coastal Act, and zoning ordinances and maps must then conform to the certified land use plans in order to legally enforce the provisions of the general plan. In. general, until local coastal rograms are written and adopted locally, and certified by the Coastal Commission, the Coastal Commission wJ1 continue to regulate coastal development. After certification, coastal permit authority is delegated to local governments, with some continued Coastal Commission permit authority and with Coastal Commission appellate jurisdiction in certain areas and over certain develop- ments. Appendix.7 contains the Draft Local Coastal Program Manual which is@designed toprovide practi- cal assistance to.local governments along with Chapter 8 (part of Appendix 7 ) of the regulations which describes local implementation procedures. A. Preparation and Certification of Local Coastal Programs Content of Programs. The Coastal Act specifies the contents of local coastal programs as follows: "'Local coastal program' means a local government's land use plans, zoning ordinances,,zoning district maps, and implementing actions which, when takeli together, meet the requirements of, and implement the provisions and policies of, this division at the local level'.' (30108.6) The land use plan that is the heart of the local coastal program is also defined: "'Land use plan' means the relevant portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity. of land uses, the applicable resource protection and development policies and where necessary, a listing of implementing actions.' (30108.5) Another relevant term is also included in the Coastal Act: "'Local coastal element' is that portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division, or such additional elements of the local government's general plan prepared pursuant to subdivision (k) of Section 65303 -of the Government Code, as such local government deem appropriate." (30108.55) As set forth elsewhere in the Coastal Act, zoning ordinances and zoning district maps are the principal legal tools that implement the land use plan (30511 and 30S13). 47 The Coastal Act specifically requires each local coastal program to "contain a specific public access component to assure that maximum public access to the coast and public recreation areas is provided" (30500(a)). The Coastal Commission, by March 31, 1977, is to prepare and adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of local coastal programs to include 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" and "frJecommended uses that are of more than local importance that' should be considered in the preparation of local coastal programs" (30501(a) and Consistent with -these procedures, the common methodolog@l and the list of recommended uses, the local government will, in consultation with the Coastal Commission and regional commissions and with public participation, determine the precise content of each program (30500(c)). SeDarately. the Coastal Commission is to nominate, by September 1. 197.7, various llsensit-ivp coRstRl resources areas" where the protection of resources requires review and approval not only of the land use plan, zoning ordinances, and zoning district map, but of "other implementing actions" (30502(a)), which means'the "ordinances, regulations or programs" (30108.4) pertaining to those resource areas that are "adequate to protect the coastal resources . . . in conformity with the policies" of the Coastal Act (30502(c)). If ratified by the Legislature (30502.5), these senstitive coastal resource areas are included in the Coastal Commission's appeal jurisdiction. (See Chapter 4 for an explanation of this special category.)- The Coastal Act devotes an entire chapter (30200 et secl.) to those coastal-manageTwnt policies that will "constitute the standards by which the adequacy of local coastal programs . . . are determined" (30200)@. Schedule. The Coastal Commission will adopt a schedule for processing local coastal.programs which E_ cannot e required to be submitted before July 1, 1978, or after January 1, 1980. Program are to be completed not later than July 1, 1980, and certified not later than December 1, 1980 (30501(b)). Deadlines or other time limitations may be extended up to one year for good cause (30517). Preparation of Local Coastal Programs by the Coastal Commission. A local government has the option all or part or its program 5e prepared Dy the Loas7Ual Commission (30500), but other requesting provisions require the local government to still hold a public hearing and adopt the proposed program and submit it for certification. Options for Pre2aration of the Land Use Plan. The Coastal Act provides two methods for preparing the land use plan portion or tne locai.coas-fa-T-program: preparation of amendments to the local general plan and constituent elements; or preparation of a separate element of the general plan for the coastal zone pursuant to Government Code Section 65303(d). Large jurisdictions with only a small portion in the coastal zone may find a separate coastal element to be the simplest and least costly way of pre- paring the land use plan, but this element must contain all of the documentation, land use designa- tions, and resource protection and development policies that might otherwise appear in the general plan. Local governments can obtain some flexibility by dividing the coastal zone into smaller units and submitting the land use plan in separate sections (30511(a)). These, too, would have to include all relevant materials (see Figure 3). Options for Submission of Programs. The Coastal Act provides three options for the submission of the land use plan, zoning ordinances, and zoning district maps, and, if required, implementing actions: together at one time, in two phases, and in separate geographic units (30511). .-The first option is self-explanatory. Under the second option the local government would first submit its land use plan and, after certification, the conforming zoning ordinances and zoning district maps, and, if required, implementing actions. This option gives the locality the assurance of adequacy of the general provisions of its.land use plan before undertaking preparation of the more detailed zoning materials. Under the third option, the land use plan and other materials could be-submitted in separate geographic units, which would allow some areas to be certified and permit review delegated early, while planning continued in other areas. Review and Certification by the Coastal Commission a egional Commissions. Land use plan portion: suE@AL regional commissions shall, winin 9u days after the on or tHe land Uge plan portion of the program, and after a public hearing, either approve or disapprove the Plan, in whole or in part. No action constitutes approval. The regional commission must say, in writing, why it disapproved a plan 48 SUBMSSION OF LOCAL COASTAL PROGRAnS A.. Requirements, fQr Submission (RSIO) B. TITLina C. Local qPtions The local coastal program may be submitted Local coastal programs may be submitted (I) Local governmen when both of the following are met: as soon as possible after the Coastal coastal program Commission's adoption of guidelines. have the Coasta Local government adopts a resolution, No local coastal program may be requlred the land use pl after public hearing, certifying the to be submitted before July 1, 1978, implementing or intent to implement local coastal nor shall they be submitted later than pmgrams-in conformity with the January 1, 1980. Local governmen Coastal Act. coastal program the land use pl C2) The local coastal program conforms before zoning to Coastal Commission guidelines- ordinances are and contains sufficient,material for Coastal Commiss a compelte review. (3) Local governmen coastal program graphic units w Submissions for units may eithe or the 2-step r (4) Local governmen July 1,J977, r Commission to p coastal program and suggest ways to-modify the disapproved portions. Within 10 working days of approval, in whole or in part, the land use plan is forwarded for review by the Coastal Commission, which-has 21 to 45 C@qys to determine, after-a public hearing, whether specific provisions raise a substantial issue. If the Coastal Commission finds no substantial issue, the regional decision is final and the land use plan deemed certified. If there is a substantial issue, the Coastal Commission has 60 days from receipt of the plan to refuse certification or certify it in whole or in part. The Coastal Commission must explain, in writing, why a plan was found unacceptable. A revised plan may be resubmitted directly to the Coastal Commission. The criteria by which the Coastal Commission or regional commissions will approve and certify the land use plan is that it meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act (30512). Zoning ordinances, zoning district maps. and other implementing actions: the regional cmni-,;sions have 60 days in which to reject the zoning ordinances, maps, and other implementing actions. If rejected, the regional commission must explain why. If not rejected after 60 days, the zoning and other miaterials are deemed approved. The local government may either revise and resubmit the materials or, within 10 days of rejection, appeal to the Coastal Commission. Explicit or implicit approvals or ' rejections may also be appealed by any aggrieved person to the Coastal Commission. The Coastal Commis- sion has 60 days to determine if an appeal raises a substantial issue, or 30 days if the Coastal Commission itself determines to review the materials. If not rejected in those time limits, the materials are deemed approved. If rejected, the materials may be revised and resubmitted. The criteria by which the zoning, and other materials are judged are conformity with and- adequacy to carry out the certified land use plan Q0513). (See Figure 4 for a description of this process.) Amendments to Programs. Certified local coastal programs and all local implementing ordinances, regu- lations, and otHer actions may be amended by a local government, but a material amendment must be certified by the Coastal Commission (30514). Provision is made for amendments to local coastal programs governing public works projects or energy facilities if they are to meet public needs of an area greater than that included within the certified local coastal program (3051S). Sanctionsi If a local coastal Program has not been certified and all implementing devices become effective y anuary 1, 1981, the Coastal Commission may, if it finds that new developments would be contrary to the Coastal Act, prohibit or otherwise restrict the local government from issuing any permit or require a Coastal Commission permit for any development within the coastal zone of that jurisdiction (30518). Five-Year Review. Provision is made-for periodic - at least every five years - Coastal Commission review of every ce ied local coastal program to determine if it is being effectively implemented. @If it is not, the Coastal Commission is to.recommend corrective actions to the local government, which if it does not take those actions, must report within a year to the Coastal Comission. The Coastal Commission is to review that report and, if appropriate, make recommendations to the Legisla- ture for legislative actions to assure effective implementation of the relevant policy or policies (30519.5). Provision for Por-ts, Special Districts, Public Wor@tgndasther Plans. The Coastal Act established a T-F Ui_ fo e -1-a- procedure similar to that o cal coastal programs ter p ns of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Pbrt District (see Chapter 8). These port master plans are to be included in local coastal programs for informational purposes (30711). In the sane manner, provision is made for the submission of plans for public works or State University or college long-range land use development plans. If Dublic works plans are submitted before certifi-, cation of the local coastal programs of affected local jurisdictions, then the Coastal Comission is to certify the plan if consistent with the coastal policies. If the public works plan is submitted after certification, the Coastal Commission is to approve it, in consultation with affected locTi-governments, if the plan is in conformity with the certified local coastal program. State universities and colleges are to coordinate with local governments in the preparation of their plans to be consistent with the appropriate local program (30605). Coastal Commission Assistance. The Coastal Commission will assist local governments in exercising the. planning and reguialory powers and responsibilities provided for in the Coastal Act (30336). It is expected that this assistance will include providing data, staff support, and technical assistance, where requested, in the preparation of local coastal programs. The geographic applications Of the Coastal Plan are available for guidance to local jurisdictions, and subregional plans are being cooperatively drawn Up by the Coastal Commission for areas where either the cumulative impact of development or conflicts among various proposals create the potential for significant adverse impacts on coastal resources. so P1ZOCJM,-I14rG LOCAL ccAsTAL PROGILUIS LOCAL GOVERNMENT LOCAL Govigail-lu SUBMITS LAND USE PLANS (LUP) SULKITS ZONING 1And Uis Plan egional C i Zoning Ordinance, nd 'i Resou@cs Protection or-'. Regional C- "im and Dvlpt. Policies evl... and Act. on mps' -tl,.r i-plmcn- Reviews and Act. on List of implementing Submitted Land Us. 1 2 ti"g odi..nce. onlyy Zoning ad Implesen'. Actions Plan in Sensitive Resource ting ,Actions Arms 6,7 18 Coastal Coast I offmission Commis ion pulls 4 .5 P .@% "Al- @-`vd 91K Ul 0-ermines Wheth.r 9 b, ft -1 [email protected] Subst.antial Issue and Revle.. If U- -I... . Necessary I. Ninety days for regional commission action. 2. If the LUP is denied in whole or part, local government may either revise and return to regional commission or appeal directly to Coastal Commission. 3. Approved LUPs automatically forwarded to Coastal Commission within 10 work days; denied LUP appealed-by local government. 4. Coastal Commission has 60 days to complete review. S. If denied in whole or part, local government may revise and either submit to regional. commission or appeal directly to Coastal Commission. 6. Sixty days for regional commission to act on submitted zoning and implementation measures. 7. If zoning denied in whole or part, local government may revise and return to regional commission or appeal directly to Coastal Commission. 8. State review only if appealed by local government or aggrieved person within 10 work days, or if called up by a majority vote of Coastal Commission within 30 days. 9. Sixty days to act following receipt or appeal; if State calls up regional commission action, 30 days to act. 10. If denied in whole or part, local government may revise and either submit to regional ' comission or re,,4i@)mit@ directIv to Coastal Cornission. 11. At any time Coastal Commission may'call up" by majority vote, LUP and/or zoning for direct consideration (30333.5). 6,7 *(;@495 B. Delegation of Permit Authority to Local Governments After a local coastal program or a part of it has been certified by the Coastal Commission and all implementing actions within the affected area have become effective, the Coastal Commission's permit. authority is to be delegated to the appropriate local government, except for the Coastal Commission's reserved permit jurisdiction that includes tidelands, submerged lands, and public trust lands, and except for port developments and State university or college developments, for which no local coastal development permit is necessary C30519). A Dermit is to be issued if the issuin%@ ajzency (or the Coastal Commission on appeal) finds the develoT)- ment is in conformity-with the certified local coastal program C306G4(.b)). -Each permit issued for a development between the nearest public road and the sea or shoreline of a body of water in the coastal zone is to include a specific finding that the development is in con- formity with the public access and public recreation policies of the Coastal.Act C30604Cq)). After certification, a local government permit action on certain developments or developments in certain areas may be appealed to'the Coastal Commission as described in Chapter 6. The Coastal Commission procedure for hearings and appeals.of local decisions will be basically the same as under the interim permit system (see Chapter 6). However, by August 1, 1978, the Coastal Commission will adopt revised procedures specifically governing appeals after certification of local coastal programs (30620.6). 52 C. Local Governments The followinQ is a list of cities and counties that have iurisdiction within the coastal zone. and will produce a local coastal program.. Del Norte County San Luis Obispo County Crescent City Morro Bay Pismo Beach Humboldt County Grove City TriniUa-T- Arcata Santa Barbara County Eureka Santa Barbara Fortuna Carpinteria Ferndale Vq Mendocino County Ventura (San Buenaventura) Fort -Bragg Oxnard Point Arena Port Hueneme Sonoma County Los Angeles County Los Angeles. Marin Counn@ Santa Monica El Segundo San Francisco City and County Manhattan Beach Hermosa Beach Redondo Beach San Mateo County Avalon Dale City Torrance Pacifica Palas Verdes Estates Half Won Bay Rancho Palos Verdes Long Beach Santa Cruz County Tanta-Cruz Orange Count Watsonville Seal Beach Huntington Beach Monterey County Costa Mesa Marina Newport Beach Sand City Laguna Beach Seaside San Juan Capistrano Pacific Grove San Clemente Monterey Carmel San Dim County Oceanside Carlsbad Del Mar San Diego Coronado National City @Chula Vista Imperial Beach 53 CHAPTER 8 MANAGING THE COAST (3): PORT MASTER PLANS The Coastal Act devotes Chapter 8 to the principal California ports (not including those in San Francisco Bay, which is subject to regulation by BCDC (see Chapter The Ports of Hueneme, Long Beach, Los Angeles, and San Diego are some of the State's primary economic and coastal resources and are essential elements of the national maritime industry. The locations of the commercial port districts are well established. For many years these ports have been devoted to transportation, commerce, industry, and manufacturing uses consistent with local, State, and Federal regulations (30701). Coastal planning, according to the Coastal Act, requires no change in the number or location of the present ports; however, it does encourage present facilities to modernize in such a manner as to eliminate future dredging and filling for new ports (30701). Sections 30702 through 30708 contain the policies that apply particularly to the ports. Only in certain areas such as wetlands, estuaries, and recreational areas will the policies that apply to the rest of the coastal zone apply to those resources within the boundaries of these ports. A procedure for paralleling the local coastal program is established for the Ports of Huenemej Long Beach, Los Angeles,,and San Diego whereby the ports prepare a port master plan for certification by the Coastal Commission. Within 90 days after January 1, 1977, the Coastal Commission shall, after a public hearing, adopt, certify, and file with each port's governing body a map delineating the present legal geographic boundaries of each port's jurisdiction within the coastal zone, and a map delineating boundaries of any wetland, estuary, or existing recreation area indicated in Part IV of the Coastal Plan within the geographic boundaries of each port (30710). Each port governing body is required to prepare and adopt a port master plan. The oort master plan will include: 1. Proposed land and water uses, where known; 2. Projected.design and location of port land and water areas, navigational routes, etc.; 3. Estimate of development's effect on marine environment -- a review of existing water quality, habitat areas, quantity and quality biological inventory, and proposals to mitigate the port's effect; 4. Proposed projects of the categories that will be appealable to the Coastal Commission; and S. Provisions for public hearing and participation (30711). The public shall be encouraged to submit testimony, statements, and evidence concerning the port master plan. The port governing body will publish notification of the completed draft plan which will be available to the Coastal Commission and the public. A public hearing will be held not earlier than 30 days and not later than 90 days following the draft's publication (30712). Ports completing a plan prior to January 1, 1977, shall submit it to the Coastal Commission and hold a hearing, in accordance with the above provisions, for the purpose of reviewing such a master plan in conformance with the Coastal Act (30713). After public notification, hearing, and consideration of comments and te stimony, the port governing body will adopt its master plan and submit it for certification. Within 90 days after the submittal, the Coastal Commission, after a public hearing, will certify or reject th6 plan or portions thereof. If the Coastal Commission fails to take action within 90 days, the plan will be,deemed certified (30714), Until the port master plan has been certified, coastal development permits will be required from the Coastal Commission. After certification, the permitauthority shall be delegated to the port governing body with appeals to the Coastal Commission allowable only on the following: 1. Development for storage, transmission,and processing of LNG and crude oil in quantity with a significant impact upon oil and gas supply of the state and Nation; 2. Certain wastewater treatment faciiities; 3. Roads and highways not principally for internal circulation; 4. All buildings not principally developed to administer the port; S. Oil refineries; and 6. Petrochemical production plants (37015). 54 The port governing body will inform and keep the Coastal Commission and other interested persons advised of the planning and design of any appealable development (30717), For development under the certified master plan and not appealable, all environmental impact reports and negative declarations pursuant to the California Environmental Quality Act of 1970 or environ- rwntal impact statements pursuant to the National Environmental Policy Act of 1969 will be forwarded to the Coastal Commission in a timely manner. (30718). A port governing body can amend its master plan, but the amendments will not take effect until certified by the Coastal Commission (30716), 55 CHAPTER 9 MANAGING THE COAST (4): ENERGY FACILITY IMPACTS, PUBLIC ACCESSAND SHORELINE EROSION A. Energy Probably no single issue so dominated the Coastal Commission's and regional commissions' planning and development permit processes after 1972 than the siting, design, and impacts of major energy facilities in the coastal zone. As the Coastal Plan described it, "The land and water of California(ts) coastal zone (are) now used, and can be used more, to contribute to the State's energy supply in five principal ways: To provide sites and ocean cooling water for power plants that generate electricity; To provide sites for drilling, production, treatment, Storage, and pipeline facilities for oil and gas operations onshore and on submerged lands beneath State and Federal offshore waters; o To provide terminals to moor and offload tankers and barges bringing crude oil and refined products to California, the region, and the nation; o To provide sites for oil refineries; and. To provide special terminals and onshore plant facilities for liquefied natural gas imports." The Coastal Plan said one goal was."to protect, enhance, and restore the coastal environment while also providing for energy facilities for which a clear public need and a need for siting along the coast can be shown." A section was devoted to findings and detailed policies covering major energy facilities. Statutory Provisions The Coastal Act continued the Coastal Plan's special emphasis on energy facility impacts. An important statement establishing State policy with regard to energy facilities is made early in the Coastal Act: "The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state." (30001.2) The Coastal Commission and regional commissions, whose planning and management role includes the protection of regional, State, and national interests in the coastal zone and the coordination and integration of public agency activities in the coast (30004(b)), was given a strong role in regulating the siting and design of major energy.facilities. The Coastal Commission has coastal development permit authority over major energy facilities*except for power plants prior to the certification of local coastal programs, and a permit appeal jurisdiction over those facilities after the certification of local coastal programs (30600,30601, 30603). The exception, as noted, is thermal power plants, whose siting remains under the exclusive permit authority of the State Energy Commission, though the Coastal Commission can designate sites inappropriate for power plants as will be discussed below. Except for power plants, then, the Coastal Commission has siting and design regulatory authority re- lated to environmental impacts of other major energy facilities. As defined in the Coastal Act, "'Energy facility' means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy." (30107) 56 As was detailed in Chapter 3, the Coastal Act sets forth the land and water use policies with regard to siting and development of tanker facilities (30261(a)), LNG terminals (30.621(b)), oil and gas extraction (30262), and refineries and petrochemical facilities(30263). These policies are the standards by which the adequacy of local coastal programs and the.permissibility of proposed developments are determined (30200). The Coastal Act provides that a 111 public agencies--and Federal agencies to the extent possible under Federal law--should follow these.policies in carrying out coastal zone activities (30003) and that agencies carrying out or supporting activities outside the coastal zone that could have direct, impacts on resources should consider the effect _oT_s_u_c_9 actions on.coastal resources (30200). While local coastal program (including land use plans, zoning ordinances, and zoning district maps) are to consider energy facility siting and impacts, the Coastal Act makes special provision for the amendment of local coastal programs on the matter of energy facility development: "Any person authorized to undertake a public works project or proposing an energy facility development may request any local goverment 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 haw 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." (30515) Thus the Coastal Act, the foundation of the California Coastal Management Program, contains numerous provisions related to energy facility impact planning and management. The following sections indicate how the Coastal Commission, in its active or coordinating role, will carry out the Coastal Act's .provisions as well as the requirement in the CZMA for description of "(a) planning process for energy facilities likely to be located in, or which may signficantly affect, the coastal zone, including,. but not limited to, a process for anticipating and managing the impacts from such facilities." (Section 305(b)(8)) It-should be noted that many of the overall energy planning matters will be .undertaken by the Coastal Commission and regional commissions with cognizance of the extensive work done by other California agencies such as the State Energy Resources Conservation and Development Commission, the State Lands Commission, and the California Public Utilities Commission whose statitttory mandates and staff expertise are directed at specific energy issues as is discussed below. Energy Facilities Planning Process 1)- analysis of the supply and demand for energy for California and of the need for energy facilities along the coast, 2) analysis of the environmental impacts of coastal energy faciliti es and the development of policies to prevent or mitigate adverse impact, 3) development of special coastal management policies for specific types of major energy facilities such as LNG terminals and marine oil terminals, and 4) development of special planning and permit procedures for major energy facilities that have more than local impact. 'Bic policies and procedures developed in this process are reflected in the Coastal Plan and are the basis of energy policies in the Coastal Act. The policies will be applied to the following steps: 1) Energy companies will indicate their needs for specific sites to local coastal governments and ports so that the sites can be shown and appropriate zoning and ordinances can be included in the local.coastal programs and port plans being prepared by local governments. 2) If the energy needs are inadeqiately treated in individual local coastal programs or port plans, the energ make their concerns known to the Coastal Commission which will y companies can assure that the problem is resolved before program certification. 57 3) The Coastal Commission will review all local coastal programs and port plans to insure that, in total, they include adequate provisions for the siting of energy facilities to meet the energy demand as determined by appropriate State and Federal agencies. All interested parties, including other agencies and private interest groups, may participate in this review. 4) Special projects will provide technical information for use in the development and review of local coastal programs. These projects include the 1976 OCS project and the power plant siting study mentioned below. 5) After local coastal programs and port plans certification, the coastal program amendment process will be used to consider energy facilities not anticipated during the planning process. Energy companies will initiate requests for amendments on a project-by-project basis. State Agencies Concerned with Energy Facility Plannin@ Several State agencies have responsibilities under existing legislation for energy facility planning: Coastal Commission: As outlined above, the Coastal Commission's responsibilities include siting aHdesi@gnregulatory authority related to environmental impacts of energy facilities other than power plants. 0 State Energy Resources Conservation and Devel2pment Commission (@nerg)@ Commi MA t9e -Energy commission has responsibilities gene Under the,Warren-Alquist Act rally inc uding the consolidation of "the State's responsibility for energy resources, for encouraging, developing, and coordinating research and development into energy supply and demand problems, and for regulating electrical generating and related transmission facilities" (Section 25006) and for formulating a range of measures to reduce wasteful, uneconomical, and unnecessary use of energy, thereby reducing the rate of growth of energy consumption, prudently,conserve energy resources, and assure statewide environmental, public safety, and land use goals (Section 25007). o California Public Utilities Commission (CPUQ: Has utility rate regulatory authority an@[_s_till -reta-ins regulatory authority over a number of power plants under .development'before the Warren-Alquist Act established the Energy Commission. Has responsi- bilities to assure the financial stability of utilities while protecting consumer interests. SB 2008 requires the CPUC to coordinate with State agencies for the purposes of providing unified testimony to Federal agencies, such as the Federal Power Commission, on energy facilities, and providing a conflict-resolution mechanism if agreement cannot be reached. 0 Resources Ae% : "Super agency" with coordinating responsibilit ies for activities age- wit luding the Coastal Commission, Energy Commission, Air Resources of the ncles wit in i --inc Board, and State Water Resources Control Board. The Secretary of the Resources Agency is, among other things, an ex-officio but non-voting member of both the Coastal Commission and Energy Commission. State Lands Commission: Has responsibilities related to the leasing of State lands and waters for petroleum development. The chairperson of the Lands Commission is also an ex-officio, non-voting member of the Coastal Commission. Office of Planning and Research (OPR): OPR, which is in the Governor's Office, has numerous coordinating responsibilities, including the authority to reconcile conflicting functional plans of different agencies. The Coastal Act gave the director of OPR authority to review coastal policies, determine if effective implementation requires the cooperative, coordinated efforts of several State agencies, recommend appropriate actions to the agencies to minimize duplication and conflicts, and recommend changes in programs, duties, responsibilities, and enabling legislation to the Governor and Legislature (304151. The Coastal Commission's coordination program includes, in early 1977, notifying the appropriate State and Federal agencies of the coastal policy interpretive guidelines (which will be,geographically specific) to be drafted and adopted by April 30, 1977, and the commencement of-study of areas on the coast where power plants should not be sited (pursuant to 30413), and requesting assistance and cooperation in completing these tasks. The Coastal Commission is establishing liaison for formu- lating a process of mutual review and comment on each agency's actions under the Coastal Act, and liaison with the Energy Commission, CPUC, Resources Agency, State Lands Commission, and OPR for unified participation in Federal agency proceedings on energy facilities. By mid-year it is hoped to adopt a memorandum of understanding (NOU) between the Coastal and Energy commissions on the re- view and comment process on coastal energy facilities. The Coastal Act also encourages the Coastal Commission to develop joint public hearings with other State agencies to expedite and coordinate review of major energy'facilities. 58 Coordination with Federal agencies will also be enhanced by SB 2008 that authorizes the California Public Utilities Commission to Darticipate in all Federal proceedings involving energy facilities and represent State agencies including the Coastal Commission in that role. The bill requires the CPUC to present the unified position of the various State agencies and provides for a conflict- resolution mechanism in the event that different agencies initially propose different points of view. Identification of Energy Facilities Likely to Affect Coast The program to identify and anticipate the impacts of energy facilities likely to be in or affect the coastal zone has been ongoing since 1973. The continuing program has several components: o .1976 OCS Project: In 1976 the Coastal Commission was awarded a $300,000 grant to study the impacts of outer Continental Shelf petroleum development on the southern California coast. This study has been carried out by the Office of Planning and Research under contract to the Coastal Commission. A primary objective of this effort is to aid local governments in identifying possible OCS developffient impacts and formulating strategies to mitigate those impacts that are potentially adverse. Having just experienced OCS Lease Sale 35, which was completed in December 1975, southern Cali- fornia is presently faced with Lease Sale 48. The general Pacific OCS Lease Sale 53, which included central and northern California, was scheduled to take place in late 1978. The call for nominations, which had been scheduled for January 1977, has been pos-tponed, and it is not known at this time when or even whether the sale will take place. It seems imperative that State and local Lyovernment entities review and initiate implementation-of the 1976 OCS project recommendations to enhance their ability to participate in and influence OCS management decisions. The Coastal Commissinn has applied for CDIA funds to continue aspects of the OCS project: provide information and technical assistance to local communities currently involved in-Lease Sale 48; develop and conduct an OCS public infor- mation program, to include the preparation of a local government handbook to enhance participatioa in the OCS leasing process; and further develop air quality impact analysis and oil sDill ri--k analysis and contingency planning. Power Plant Siting Study: Pursuant to authority in the Coastal Act, the Coastal Commission must, by January 1, 1978, designate specific coastal locations that are inappropriate for power plant siting. Each designation is to include a description of the area's boundaries, the objectives of the Coastal Act that would be affected by a power plant there, and detailed findings concerning.the significant adverse impacts that would result from development of a power facility there (30413(b)). The Energy Commission, in its part, cannot approve a facil 'ity for a designated site unless the Coastal Commission "first finds that such use is not inconsistent with the primary uses of such land and that there will be no s1-:11stantial adverse environmental effects..." (Section 2S526, added by Section 13 of the Coastal Act). The Coastal Commission, which must revise and update ,the designations every two years, is also to report to the Energy Commission on the suitability of proposed sites in the coastal zone and make certain findings (30413(d)), after which the Energy Commission, before it can.certify the site, must determine "that such site and related facility have greater relative merit than available alternative sites and related facilities for an applicant's service area which have been determined to be acceptable by the [Energy] (CJommissio'n pursuant to Section 2SS16" (Section 25S16.1, added by Section 10 of the Coastal Act). The Coastal Commission may propose alternate areas for power plant development in the coastal zone (30413(f)). A power plant siting study has begun and preliminary designations of areas excluded to power plants are scheduled to be available in JLLe of 1977. Public hearings will be conducted in late fall and the Goastal Commission will adopt final exclusion maps and reasons for exclusion s by December 1977. Coastal Commission Review of Local Coastal Programs: The Coastal Commission will, on a(.@QRLIJIUal DaSlS, De assisting, monitoring, and reviewing the consideration of energy facility impacts in local coastal programs and port master plans. In this fashion over the next several years until certification of the final local coastal program, the Coastal Commission will be applying the Coastal Act's energy standards to specific areas throughout the coastal zone. o Coastal Commission Review of Coastal Developments: The Coastal Commission, as has alrea dy been desc-r-ibed, will have permit aut rity over coastal zone development until certification of local coastal programs, and after that will have a permit appeal juris- diction covering major energy facilities. The process by which local coastal programs may be amended to allow the siting of energy facilities.was also described above. o Coastal Commission Review of Environmental Impact Reports (EIR's) and Environmental Impact Statements (BISs): Under CEQA and NEPA, the Coastal Commission will review and comment on.environmental impacts of energy facilities proposedfor the coastal zone. 59 Continuing Coastal Commission Management and Planning Activities: The Coastal Commission's continuing planning responsibilities will generally include the monitoring of new'energy developments--e.g., the electricity forecasting reports of the Energy Commission, Federal agency energy activities, discussions of proposed energy facilities, prior to permit application, etc. Assessment of Energy Facility Impacts Even in the absence of the Coastal Act, CEQA would require the comprehensive evaluation of energy facility environmental impacts. The Coastal Act, of course, requires identification of impacts and requires that decision-making take the impacts into account. The Coastal Commission's permit experience from 1973 as well as information gained from the programs of other State agencies, including the California Public Utilities Commission, Energy Commission, and the Office of Planning and Research, will be used in assessing the impacts. Managing Energy Facility Impacts The management of energy facility impacts is part of some of the planning components and projects mentioned above--e.g., the 1976 OCS project is partially designed to help local communities manage the onshore impacts of offshore oil and gas development. In addition, a key aspect of environmental impact reporting is the identification of project alternatives and mitigation measures. Under a 1976 bill, AB 2679, CEQA was amended to require environmental impact report preparers to list the methods by which reviewing agencies can condition approval on the incorporation of mitigation measures. It should be noted that the Coastal Commission and regional commissions since 1973 have often not only required project modification but have attached conditions often mitigation measures to approved permits, particularly in the case of large projects--e.g., the San Onofre nuclear power plant, expansion of the Encina power plant, and others. B. Public Access Public access to all coastal tidelands is guaranteed by the California Constitution. Over the years, this right has been expanded by various statutes and court decisions that recognized the historical public use of the coastline for recreation. Moreover, nearly half of California's 1,072 mile coastline is in public ownership, although about 75 miles of the publicly owned shoreline are along military lands generally not available for public access. Despite these legal guarantees and historic public use of the California coastline, much access to the shoreline was lost when homes, businesses, and industries cut off existing public access to the shore. Increasing recreation demands put a heavy burden on the pub- licly owned recreation areas. As a result of this situation, much of the debate over whether Proposition 20 should be approved focused on the public access issue. To address this problem, Proposition 20 required that a public access element be developed as part of the coastal planning process so that maximum visual and physical use of the coastal zone by the public could be achieved. Moreover., while the Coastal Plan was being prepared, the Coastal Commission was required to condition most development permits that it issued so that access would be provided as a part of new coastal projects. As a result of the Coastal.Commission's analysis of the public access issue, a major section of the Coastal Plan was devoted to the subject (see Coastal Plan, pp. 152-157). Another section of the Coastal Plan (pp. 173-174) addressed the need for public acquisition of some coastal lands for the purposes of increasing public access and protecting coastal resources. A third section of the Coastal Plan outlined a proposal for a new State agency that would be empowered to protect coastal resources and to increase public access through a variety of acquisition and management techniques (see Coastal Plan, pp. 192-193). Because the Coastal Commission's assessment of public access needs found that the shortage of access would become more critical as more of the coast is developed, both the'Coastal Plan and the Coastal Act call for the provision of access along much of the coast except where special problems are encountered. The Coastal Act's basic access policy states: "The Legislature. ..finds and declares that the basic goals for the state for the coastal zone are to: ... (c) Maximize public access to and along the coast and max- imize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners." (30001.S) 60- Statutory Provisions. Chapter 4, Section C (Geographic Areas of Particular Concern Within the Coastal Zone) discusses the types of areas that need special protection and outlines the management policies that will apply to these areas. The State's major policies on shoreline access make up Article 2 of the Coastal Act.and include: "In carrying out the requirement of Section 2 of Article XV of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse (30210). "Development shall not interfere with the public's riRht of access-to the sea where acquired through use, or legislative authorization, including, but not limited to,the use of dry sand and rocky coast al beaches to the first line of. terrestrial vegetation (30211). "Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agricul- ture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway.. "Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive,of the Government Code and by Section 2 of Article XV of the California Constitution (30212). "Wherever appropriate and feasible, public facilities, including parking areas or facilities@ shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area." (30212.5) "Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. New housing in the coastal zone shall be developed in conformity with the standards, policies, and goals of local housing elements adopted in accordance with the requirements of subdivision (c) of Section 65302 of the Govern- ment Code ." (30213) Section 30211 contains California's definition of "beach" that is called for in Sections 305(b)(7) of the CM, it is "dry sand and rocky coastal areas to the first line of terrestrial vegetation." In addition to these policies that address public access directly, two of the Coastal Act's policies on development amplify the need to protect both physical and visual access to the coast. These policies state: 47he scenic and visual qualities of coastal area's shall be considered and protected as a resource of public importance. Permitted development shall be sited and-designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting (302Sl). "The location and amount of new development should maintain and enhaxice.public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other'areas that will minimize the use of coastal access roads, (3) providing non- automobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transitfor high intensity uses such as high-rise office buildings, and by,(6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.,i (302S2) 61 Specific a reas in need of access or resource protection can be identified under the provisions of Sections 30116, 30502, and 30502.5 of the Coastal Act which require the designation of Sensitive Coastal Resource Areas by the Coastal Commission. In addition, decisions on the appropriateness of public access in a particular area will be made under the provisions of Section 30212 through the Coastal Commission's regulatory process and through the'local coastal program development process. Implementation Techniques Three major legislative elements were enacted in California in 1976 that provide techniques for the continuing refinement, implementation, and management of areas needing protection or public access. First is the Coastal Act with its access and resource protection policies that will be implemented by the Coastal Commission and incorporated into local coastal programs. The second implementation tool available is provided by the establishment of,the State Coastal Conservancy, which has at its disposal a number of techniques for the preservation of agricultural lands, restoration, enhancement, reservation, and protection of coastal resources, and increase of public accessways. The State Coastal Conservancy is discussed further in Chai3ter 10, Section C. The enactment of the State Urban Coastal Park Bond Act of 1976 is the third major program that is available tp implement the State's access and resource protection.policies. The Coastal Act was approved by California voters in November 1976. It provides $14S million for the acquisition of coastal areas and $10 million for the State Coastal Conservancy to begin its program. In enacting the Bond Act, the State LeLlislature stated that: "There is a pressing need to provide statutory authority and funding for a coordinated state program designed to provide expanded public access to the coast, to preserve prime coastal agricultural lands, and to restore and enhance natural and man-made coastal environments." (5096.113(j)) In.purchasing areas with funds provided by the Bond Act, the following criteria and priorities will be used: "(15 The first priority for the acquisition of coastal recreational resources is as follows: (i) Land and water areas best suited to serve the recreational needs of urban populations. (ii) Land and water areas of significant environmental importance, such as habitat protection. (iii) Land and water areas in either of the above categories shall be given the highest priority when incompatible uses threaten to destroy or substantially diminish the resource value of such area. (2) The second priority-for the acquisition of coastal recreational resources is as follows: Ci) Land for physical and visual access to the coastline where public access opportunities are inadequate or could be impeded by incompatible uses. (ii) Remaining areas of high recreational value. (iii) Areas proposed as a coastal reserve or preserve, including areas that are or.include restricted natural communities, such as ecological areas that are scarce, involving only a limited area; rare and endangered wildlife species habitat; rare and endangered plant species range; specialized wildlife habitat; outstanding representative natural communities; sites with outstanding.educational value; fragile or environmentally sensitive resources; and wilderness or primitive areas. Areas meeting more than one of these criteria may be considered as being especially important. (iv) Highly scenic areas that are or include landscape preservation projects designated by the Department of Parks and Recreation-, open areas identified as being of particular value in providing visual contrast to urbanization, in preserving natural landforms and significant vegetation, in providing attractive,transitions between natural and urbanized areas; or as scenic open space; and scenic areas and historical districts by cities and counties." Many of the sites recommended for acquisition by the Coastal Commission will be purchased with Bond Act funds because these criteria are based,*in part, on the criteria the Coastal Commission used in developing its acquisition recommendations. Further refinement of the public access and shoreline protection policies are provided by the general statewide guidelines and specific area guidelines,contained in the Coastal Commission's Interpretive Guidelines and in the Coastal Act.Policies section of the Local Coastal Program Manual (see Appendix 7). 62 C. Shoreline Erosion The State of California has carried out-a shoreline erosion program for about 30 years. Since 1970, the State Department of Navigation and Ocean Development (DNOD) has had the primary responsibility for studying shoreline erosion, developing means for stabilizing eroding areas, and administering a program to provide financial assistance for the construction of erosion control projects. To assess the affects of shoreline erosion, DNOD monitors those sections of the coast that are known to be subject to erosion and at other'locations where the effects of erosion could be critical. Photographs are taken of beach areas at least once each year, and the change,in . beach and bluff conditions are recorded. -As funds are available, beach profiles are prepared as part of a cooperative program with local and Federal agencies. These profiles assist in measuring shoreline accretion and erosion. The entire California coastline was photographed from the air in 1970 and again in 1976. A comparative analysis of the aerial photographs provides additional information on shoreline changes. To.incorporate the existing State program of shoreline protection into the California Coastal Management Program, the Coastal Commission conducted a study of erosion as part of its overall coastal planning process. DNOD participated in this study a-long with other State and Federal agencies. The conclusions of the Coastal Commission's evaluation resulted in a section of the Coastal Plan being devoted to findings and policies on sand movement and shoreline structures Csee Coastal Plan, pp. 43-4S). Another section of the Coastal Plan--Development in Hazardous Areas-addressed the associated problems of subsidence and bluff erosion (see Coastal Plan, pp. 86-90). 63 Statutory Provisions The California Coastal Nhnagement Program's major policy statement on shoreline erosion, as contained in the Coastal Act are: "Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse inpacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fishkills should be phased out or upgraded where feasible." "Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects.where no other method for protecting existing structures in the 'flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat." (30236) "Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially.alter natural landforms along bluffs and cliffs." (30253(2)) Under these policies, the-State's basic approach to shoreline erosion is to prevent development where erosion can be expected rather than to construct protective devices to prevent erosion. Where protective works would be allowed under the above policies, the Department of Navigation and Ocean Development'is authorized by Sections 6S through 67.3 of the State Harbors and Navigation Code to plan, design, and administer the funds for the construction of the projects. Implementation Techniques The management policies will be implemented through the Coastal Commission's regulation of coastal development and through the incorporation of the policies into local coastal programs. These policies are refined and amplified in the Coastal Commission's Local Coastal Program @Ianual (see Appendix 7); pages 60 to 71 on the application of the policies on hazard areas should be particularly helpful to local-governments. In addition, the Coastal Commission's interim Inter- pretive Guidelines contain general statewide guidelines on Geologic Stability of Blufftop Developments (see Attachment E Pans El-E2) and specific area guidelines applicable to shoreline erosion problems in particular areas. To augment this information, the Department of Navigation and Ocean Develop- ment is currently preparing an inventory of eroding and erosion prone areas along the California coastine. This study, which is being supported by the Coastal Commission with CZMA Section 305 funds, will be used to determine where special techniques are necessary to handle the effects of shoreline erosion. Using the techniques recommended by the.Coastal Commission, local governments will incorporate these measures into their local coastal programs. As previously mentioned, where protectiveworks or beach replenishment would be appropriate under the Coastal Act policies, the Department of Navigation and Ocean Development has the authority to plan, design, and finance the projects. In its April 1976 report to the California Legislature on the State's beach erosion control program, and in its April 1976 report entitled Shore Protection in California, the Department of Navigation and Ocean Development summarized the State and Federal programs that are available to finance protective works. Relying primarily on funds provided to the Corps of Engineers by the River and Harbor Acts of 1962 and 1968, the State is able to participate in project construction by providing up to 25 percent of the project cost; local governments are also required to contribute 25 percent. The State Coastal Conservancy, which is discussed in Chapter 10, Section C, is authorized to award grants to local public agencies and to State agencies for the enhancement of coastal resources that have suffered a loss of natural or scenic values because of indiscriminate dredging or filling, improper location of improvements, or incompatible land uses.- These funds can be used to restore areas that have suffered erosion as a result of one of the causes noted below. As is the case with,all grants made by the Conservancy, funding cannot be provided unless,the Coastal Commission has certified that the proposed project would be in accord with policies of the Coastal Act. 64 CHAPTER 10 MANAGING THE COAST (5)': THE STATE'S MANAGERIAL NETWORK The California Coastal Mana.Qement Prouam provides for a number of State a.Qencies to have continixing jurisdiction over particular parts of, or activities in, the coastal zone. Implementation of the Coastal Act policies'by those agencies will complement the work of the Coastal Comission and local governments once local coastal programs,have been certified. Assenblv Bill 3544 was enacted bv the Legislature as a conmanion bill to the Cna-,tal Act. It estab- lishes a new State organization, the State Coastal Conservancy, with a combination of planning, manage- ment, restoration, and acquisition powers that will complement the primary implementation of the California Coastal Management Program by the Coastal Commission. A. State Agencies and the Management Program The Coastal Act directs all public agencies; to comply with the coastal policies, and devotes an entire chapter (Section 30400 et seq.) to outlining the particular responsibilities of State agencies in the management program, with specific mention of means of coordination with the Coastal Commission. Cooperation with the Coastal Commission. The Coastal Act specifies that: every public agency, including regional and state agencies and local governments, shall cooperate with the commission and any regional commission and shall, to the extent their resources permit, provide any advice, assistance, or information the commission or regional commission may require to perform its duties and to more effectively exercise its authority." (30336) The Coastal Act also provides for joint development permit application systems and joint public hearing procedures (30337). Avoidance of Jurisdictional Conflicts. The Coastal Act carefully draws certain jurisdictional lines "t-o-minimize duplication and conflicts among existing State agencies carrying out their regulatory -responsibilities" (30400),except for specific provisions, the Coastal Act "does not increase, decrease, duplicate or supersede the authority of any existing State agency," and the Coastal Commission cannot "set standards or adopt regulations that duplicate regulatory controls"' of State agencies (30401). Coastal Policies and State Agency Plans. The Coastal Act declares the coastal policies and the local coastal programs will: "provide the common assumptions upon which State functional plans for the coastal zone are based" (30403)i and "all state agencies-shall carry out their duties and responsibili- ties in conformity with" the Coastal Act (30402). State Azency Activities Outside the Coastal Zone. Despite the establishment of a well-defined coatal zone boundary, and the strict limitation of the Coast-a=o-mission's jurisdiction outside the coastal zone, the Coastal Act recognizes the possibility that activities (particularly the large, regionally benefi-, cial public works projects such as highways, wastewater treatment plants, watershed projects, etc.) outside the coastal zone could have direct impact on coastal resources. The Coastal Act therefore states: "...all public agencies carrying out or supporting activites outside the coastal zone that could have a direct impact on resources within the coastal zone shall consider the effect of such actions on coastal zone resources in order to Assure that these poli s are achieved." (30200) (emphasis added) Envir6hmntal impact -reports on California projects that would affect the coastal zone will. therefore, have to address coastal resource impacts. Coastal Commission Recommendations to A@zencies. The Coastal Act@ outlines a procedure by which the Coastal Commission is to submit recommendation to tate agencies "designed to encourage [them] to carry out [their] functions in a manner consistent with this division," the recommendations are to include 65 11proposed. changes in administrative regulations, rules, and statutes." If an agency does not implement the recommendations,'it is to explain its -reasons to the Governor and Legislature within six months after receipt of them (30404). The Coastal Act directs the Coastal Commission to make those recommenda- tions periodically "in the case of the State Energy Resources Conservation and-Development Commission the State Board of Forestry, the State Water Resources Control Board and (or) the California .regional water quality control boards, the State Air Resources Board and air pollution control districts, the Department of Fish and Game, the Department of Parks and Recreation, the Department of Navigation and Ocean Development, the Division of Mines and Geology, the Division of Oil and Gas. and the State Lands Cormdssion. The Coastal Act suggests the Coastal Commission may recommend such changes in the case of other agencies (30404). Relationship of the Coastal Commission to Other Agencies. The Coastal Commission is legislat 'ively established within the Resources Agency (30300), whose Secretary is designated as one of the three ex-officio, non-voting members of the 15-menher Coastal Commission (30301) and is also chairperson of the'new State Coastal Conservancy. Among the otl@er units of the Resources Agency are the Air Resources Board; Department of Navigation and Ocean Development; State Water Resources Control Board; Energy Resources Conservation and Development Commission; Departments of Fish and Game, Parks and Recreation, Water Resources, Conservation, and Forestry; the BCDC; Solid Waste Management Board; and, the new State Coastal Conservancy. It is believed the Coastal Commission, a.s part of the Resources Agency, will enjoy the benefit of the Secretary's authority in coordinating the California Coastal Management Program with activities of other State agencies, particularly others in the Resources Agency. Another ex-officio member of the Coastal Commission is the Secretary of the Business and Transportation Agency (30301), which includes the Department of Transportation (Caltrans). The third ex-officio member is the chairperson of the State Lands Commission (30301), who is also the State Controller. There are at least two other agencies with which the Coastal Commission can be expected to work: the Departme nt of Food and Agriculture and the Governor's Office of Planning and Research. B. Roles of Particular State Agencies Chapter 5 of the Coastal Act describes the roles of eight State agencies in carrying out coastal policies, generally establishing a system of coordination with the Coastal Commission. Department of Fish and Game and the Fish and Game Commission. The authority of these bodies in the establishment and control oT-wildlife and fishery management programs is unchanged by the Coastal Act. The Department, with the Department of Navigation and Ocean Development, may study degraded wetlands (30411(b)) and identify those which could be restored in conjunction with the development of a boating facility. State Water Resources Control Board and Regional Water Quality Control Boards. The State Water Resources Controi--Board and the regional boards retain their primary responsibility for the coordina- tion and control of water quality in the State, under the Porter-Cologne Water Quality Control Act. The Coastal Commission is not to take conflicting actions in matters of water quality or water rights. However, the Water Code is amended to ensure State and regional water boards support the Coastal Commission's management program to protect the coastal marine environment (Section 1S of the Coastal Act) . The Coastal Commission is also given certain regulatory authority over wastewater treatment works both inside and outside the coastal zone, with permit review limited to certain aspects of the works: "(1) The siting and visual appearance of treatment works within the coastal zone. "(2) The geographic limits of service areas within the coastal zone which are to be served by particular treatment works and-the timing of the use of capacity of treatment works for such service areas to allow for phasing of development and use of facilities consistent with this division. "(3) Development projections which determine the sizing of treatment works for providing service within the coastal zone." (30412 (c)) in addition. the Coastal Commission's Dermit determination is to precede the State Water Resnurces Control Board's final approval of fmding. The Coastal-Commission is given an active role in reserving sites for treatment works and discharge points within the coastal zone (30412). 66 Enerm; Resources Conservation and Devel2pment Commission. The State Fnergy Commission, which was established in 1974, retains its electrical generatTn-g-Ta-cility permit authority under the Warren- Alquist Phergy Act. The Coastal Act amends the Warren-Alouist Act to make several provisions for coordination between the Commission and State Energy Commission. The Coastal Commission is to designate locations inappropriate for siting power plants by January 1, 1978, and every two years thereafter. The State Energy Commission has exclusive jurisdiction over power plants once the Coastal Commission has made this designation but the Coastal Commission is to submit recommendations on such other sites to the State Energy Commission, which is to adopt these recormendat ions unless io do so would result in greater adverse effects on the environment or the measures proposed would.not be feasible. The State '"hergy Commission is to determine the relative merits of coastal and inland sites (Public Resources Code Sections 2S302, 2SSOO, 25507, 25S08, 25514, 25516.1, 2S519, 25S23, and 2SS26 and Coastal Act Sections 30600 anJ 30413). office of Pl@nning and Research. The Office of Planning and Research is to review Coastal Act policies and recommend to State agencies actions that should be taken to minimize potential duplication and better achieve implementation of the policies (30415). State Lands Commission. Since 1937 the State Lands Commission has had jurisdiction over all ungrdnted tide- lands and submerged lands belonging to California. The State Lands Commission administers these lands through its staff' the State Lands Division. The Coastal Act does not change the authority of this Commission over these lands or the rights and duties of its lessees or permitees. The Lands Commission is to review proposed local coastal programs and port master plans that could affect State lands (30416). FQrestrv. The Cnastal Act amends the -Z'berg-Neiedlv Forest Practice Act to ensure con-rdina- tion Mcle_,ofthe-Forestry Board and the Coastal Commission in Iprotecting coastal resources. Briefly, the Coastal Commission is to identify, by July 1, 1977, "special treatment areas" within coastal zone forest lands and make recommendations to assure that natural and scenic qualities of these areas are protected (30417(b)) . The State Board of Forestry is to consider these recommendations in developing rules and regulations on the conduct of timber operations (Public Resources Code Section 4551.5). No Coastal Commission permit for timber operations is required. Air Resources Boald. The authority of the Air Resources Board and local'air oollution control districts in es-tablishing amlient air quality and emission standards and air pollution control programs is not affected by the Coastal Act. The Air Resources Board may recommend to the Coastal Commission ways to complement or assist in the implementation of air quality programs (30414). Bay Conservation and I)evelonment Commission BCDC). The segmentation, at least for the time being. of the BCDC's jurisdiction -- San Francisco, San Pab4o, and Suisun Bays -- from the coastal zone is dis- cussed in Chapter 4. According to the.Coastal Act, the Coastal Commission and 13CDC are to conduct a joint review of the Coastal Act and the McAteer-Petris Act of 1969 (BCDC's legislation) to determine how the program administered by BCDC shall be related to the Coastal Act (304.10). Their recommendations shall be presented jointly to the Legislature not later than July 1, 1978. C. State Coastal Conservancy The new State Coastal Conservancy is expected to have an integral role in the California C6astal-Manage- ment Program. The State Coastal Conservancy was established January 1, 1977, under the terms of AB 3544, introduced by Assemblyman Michael Wornum and enacted about the same time as the Coastal Act (see Appendix 1). The establishment of the Conse rvancy was'a key recommendation of the Coastal Plan Modeled after the Tahoe Conservancy Agency, which was established in 1974 to carry out the acquisition and restoration recommendations of the adopted Tahoe Region Plan, the Conservancy will carry out activities complemen- tary to other State agencies--not in competition with them--because of gaps in the powers of those agencies. In general, the Conservancy is'to be responsible for implementing a program of agricultural lands protection, area restoration, public access, and resource enhancement in the coastal zone. The Conservancy is a part of the Resources Agency. It consists of five members: the Resources Agency Secretary (chairperson), the chairperson of the Coastal Commission, the Director of Finance, and two public members appointed by the Governor. The public.members serve four-year terms. The Conservancy has its own small staff. The legislation provides, however, for the Conservancy to rely on the already existing Departments of Parks and Recr'eation and Fish and Game as well as the Coastal Commission, the Real Estate Services Division, and the Department of General Services to carry out its mandate. The Conservancy has great potential to be more than an acquisition agency. Its ability to condemn accessways for the p@blic -is a critical adjunct to the Coastal'Act's access provisions, which among other things include separate public access components in local coastal programs and the requiremeni 67 for accessways in many new developments. Furthermore, the Conservancy could use its powers of acquisi- tion and sale--for example, the buying of existing small lots, consolidating them, and reselling a large parcel for agricultural use--as an effective planning and management tool. The Conservancy has authority in the following resource areas: Agricultural Land Preservation. - The Conservancy may acquire, pursuant to the Property Acquisition Law (Goverment Code, Section 15859 et seq.), real property or any interests therein, including development rights and easements in land located in the coastal zone to prevent loss of agricultural land to other uses and assemble lands into parcels of adequate size to permit continued agricultural production., As much land as possible that has been acquired for agricultural preservation is to be returned to private use or ownership. In case-of leases to private individuals, a procedure to -reimburse counties with 24 percent of the gross income goes into effect (31150, 31154). The highest priority for acquiring interest in land is for agricultural lands identified to be in urban fringe areas. (The Coastal Commission in March 1976 recommended the Conservancy acquire in three areas, including agricultural lands on the Ventura-Oxnard Plain.) Conservancy acquisitions must be certified by the Coastal Commission as concerning agricultural lands within the area of a certified local coastal program, and, there is no other reasonable means of assur- ing continuous use.of such lands.for agricultural purposes (31152). Coastal Restoration Projects. The Conservancy may award grants to local public agencies for restoring areas of the coastal zon-,_,_7fi`RcE__Fecause of scattered ownership, poor lot layout, inadequate park and open space, and incompatible land uses are adversely affecting the coastal environment or impeding orderly development. Areas prepared for restoration must be identified in a certified local coastal program. The Conservancy may provide up to the total cost of any coastal restoration project and up to $50,000 of the cost of preparing such projects. Restoration plans must be found to be consistent by the Coastal Commission with the policieshad objectives of the Coastal Act. 1@here a local public agency is unable or unwilling to undertake a restoration project identified in a certified local coastal program, the Conservancy may undertake such restoration. Each such restoration project shall, for purposes of funding, be included in the annual legislative budget act (31215). Cna_sta_16@@fffr -Ftnhl-= The nservancv mav also award rants to local nublic auencips tate ag for e enganc,= P=S- 1,10 d. - d" and S ot coastal resources that have been a versely affected by in is- criminate dredging, improper location of improvements,_or incompatible land uses (31251). Resource Protection Zones. AB 3S44 states as legislative intent that buffer areas, to-be known as "resource protection zones," shall be established around public beaches, parks, natural areas, and fish and wildlife preserves in the coastal zone to ensure that surrounding development is compatible with the the existent resource Values. Such areas are to be identified by the Department of Parks and Recreation and the Department of Fish and Game prior to January 1, 1979. Identified resource protection zones are to be incorporated into the appropriate local coastal program (31303). Significant Coastal Resource Areas. The legislation also provides fhat the Conservancy may make 10-year interest free loans to the Department of Parks and Recreation for the purpose of reserving sites designated in certified local coastal programs for park, recreation, fish and wildlife habitat, historical preservation, or scientific study. If no public agency indicates a willingness to acquire such lands within 10 years, the Real Estate Services Division may dispose of the,land at fair market value without restriction as to its subsequent use (31350-31356). Public.Accessways. The Department of Parks and Recreation is further authorized to implement a system of public accessways to and along the State's coastline. The Conservancy may make grants to the Department for that purpose, as well as to local entities for the initial development of accessways of regional significance (31400-31.406). 68 CHAPTER 11 MANAGING THE COAST (6): THE NATIONAL INTEREST AND THE CONSISTENCY OF FEDERAL ACTIONS The Legislature, in the Coastal Act, declared that the California coastal zone "is a distinct and valuable.natural resource o ,f vital and enduring interest to all the people" and that its "permanent protection ... is a paramount concern to present and future residents of the stateland nation." (30001) It should be noted that the Coastal Act, in declaring the necessity for continued State coastal planning and management through the Coastal Commission, specified two of the reasons: "to provide maximum state involvement in Federal activities allowable under Federal law or regulations or the U.-S. Constitution which affect California's coastal resources;land "to protect regional, state and national interests in assuring the maintenance of the lona-term r)roductivity and economic vitality of coastal resources necessary for the well-being of the people of the state." (30004(b)) That is the statutory foundation for the following sections on the national interest in the coastdl zone and the adminis- tration of the Federal consistency clause. The statement of the national interest in the coastal zone in Section A, below, has its foundation in the Coastal Plan, whose preparation included'extensive@consultation with Federal agencies (see Chapter 13). After publication of the Coastal Plan in December 197S, much has been done to refine the*original statement to address the further concerns of Federal agencies. Moreover, the Coastal Commission has worked closely with BCDC which has been reviewing Federal projects around San Francisco Bay on an informal basis for more than 10 years, to develop a program for the administration of the Federal consistency requirements of the CZMA and to develop a program that is based on the two commissions' experiences in working with Federal agencies. This process is described in Section B, below. A. The National Interest in the California Coastal Zone, The California Coast Is a National Resource The California coastline is of more than local or even Stateimportance; it is a resource of national significance; it comprises more than half the western coastline of the contiguous 48 States. Visitors from across the country enjoy the scenic beauty and recreational facilities along the coast. Foreign goods bound for consumers in inland States and U. S. products on their way to distant countries pass through California ports. Petroleum, timber, and farm produce from the coastal zone are, shipped to the rest of the Nation. .Use of the coastal land area and adjacent waters for national defense and national security is of paramount importance and is among the highest priorities in the management of the coastal zone. Many of the military installations located along the coast have defense missions requiring operational use of the coastal zone. In addition, military installations are important components in their local a.reas, and represent a stable and substantial contribution to the coastal and State economy. Recognizing the distinct and irreplaceable value of this country's coastline, the U. S. Congress enacted the CZMA, which.states, "...it is national policy ... to preserve, protect, develop, and where possible, to restore or enhance, the resources of the nation's coastal zone for this and succeeding generations" (Section 303(e)). The.language is almost identical to one of the objectives of Proposition 20, "...to preserve, protect, and where possible, to -restore the resources of the coastal zone" (27001); and to one of the.basic declarations of the Coastal Act, "the permanent protection of the [California coastal zone] is a paramount concern to pr .esent and future generations of the state and nation." (30001) Under the CZMA, California has received financial assistance for the development of its coastal management program. The Coastal Act is the foundation of the coastal management program being submitted to the Department of Commerce. once approved by the Secretary of Commerce, the Coastal Act will provide the basic policies for both State and National interests in the California coastal zone. The CZMA requires Federal agencies generally to comply with the approved State coastal zone management program (Sections 307(c) and (d)). To ensure the national interest is adequately addressed in the C'oastal Act, the CZMA requires the State coastal "management program provides for adequate consideration of the national interest involved in the siting of facilities necessary to meet the requirements which are other than local in nature," (Section 306(c)(8)), and the program assures that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude uses of regional benefit (Section 306 (e) (2)). 69 Planning for the National Interest Recognizing its responsibilities to the rest of the Nation, California in its coastal planning has made every effort to consider the national interest in issues affecting the coast. The Coastal Plan's policies recognize national defense afid-national security as important aspects of national interest, because within the attainment of such objectives, all other goals and objectives.can be threatened. The Coastal Act's policies on the protection of agricultural land recognize the importance of California farm production to the rest,of the Nation and also acknowledge the world food shortage. The policies calling for recreational and public oriented uses to have a high priority along the coast .reflect the increasing popularity of the coast as a tourist destination. The Coastal Act's energy policies, especially important because of the Department of the Interior's leasing of outer Continental Shelf (OCS) areas for petroleum exploration and extraction, take into account California's role in national energy supply. The energy policies are based on a willingness to respond with a broader State role in meeting the Nation's energy requirements if such a need is clearly identified and if California's environmental economic, and'legal interests are properly planned'for and protec@_cl. Because needs -- National, State, and local -- may change in the future, if occasions should arise when certain Federal activities would conflict with Coastal Act policies, the representatives of the Federal and.State agencies concerned will have to consult and cooperate to resolve the conflicts consistent with national objectives. Federal/State Cooperation to Protect the National Interest California has received extensive assistance and cooperation from many Federal agencies in the preparation of the Coastal Plan and, by extension, the Coastal Act. (Chapter 13 discusses this participation in greater detail.) Through this process, there was an opportunity for national interests, as perceived by Federal agencies, to be incorporated into the preparation of the Coastal Plan. Although there is expected to be general support for the Coastal Act objectives among Federal agencies, there may be disagreements in applying the Coastal Act's policies to particular circumstances. Never- theless, continued cooperation can ensure that the national interest is protected through a uniform application of the Coastal Act policies to the entire coastal zone by whichever local, Stateor Federal agency has regulatory jurisdiction. Where the Coastal Act would conflict with an overriding national need under circumstances unforeseen-when the Coastal Act was being prepared, it may be. necessary to override the Coastal Act policies in the national interest. Such cases can be expected to be rare. Except for national defense and national security needs as established by the President and the Congress, the determination of national interest needs, along with any measures necessary to mitigate the adverse impacts of meeting those needs, should be made cooperatively by the affected local, regional, State, and Federal agencies. Planning for Federal Activities The national interest in the coast also includes consideration of activities-of Federal agencies in facility construction, grant programs, and regulatory programs. To bring the activities of the many Federal agencies within the context of comprehensive planning the CZMA included the "Federal consistency" requirements (quoted above).' However, the CZMA also excludes "from the coastal zone... lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents" (Section 304(a)). Because there is some disagreement as to the scope of this exclusion clause, NOAA requested an advisory opinion from the U. S. Attorney General in an attempt to clarify this point. That opinion has now been rendered and it concludes that all lands owned by the United States are excluded from the coastal zone. While the Coastal Commission does not fully agree with this conclusion, based on good comprehensive management principles, it will abide by that opinion in the administration of its management program. However, Federal lands will be included in the event judicial or legislative modification should occur. Even though all lands owned by the Federal government are excluded from the California coastal zone, Federal activities including development projects on these lands, which directly affect the coastal zone, are subject to the Federal consistency requirements and with the California Coastal Management Program to the maximum extent practicable. Furthermore, under Section 307, the final decision, short of litigation, on the extent to which Federal activities directly affecting the coastal zone will be consistent with the Californa Coastal Management Program rests with the Federal government. However, Federal agencies, in particular the Navy which is the Federal agency most dependent on coastal instal- lations for its continued operations, have displayed increasing sensitivity to environmental issues in their operations. The Navy has also cooperated in the development of the California Coastal' Management Program by making its interests known. It is Navy policy to conduct Navy activities to the maximum extent practicable consistent with the State plan, as long as national defense objectives are protected. To this end, the Navy intends to permit review, subject to security restrictions, of its master plans, general development maps, and offshore operating area requirements, for comment and recommendation by the agencies responsible for carrying out the Coastal Act. Other Federal agencies have also indicated their willingness to cooperate in a similar manner. There has, for exaEple, been extensive cooperation with the Army Corps of Engineers, which shares regulatory authority with the Coastal Commission over the waters and wetlands of the coastal zone; with the Federal Power Commission on the siting of LNG facilities; and with the Environmental Protection Agency on air and water quality standards. Through a continuation of this process of discussion, negotiationand mediation when necessary, among local, State, and Federal interests, differences can be addressed cooperatively, and the entire coastal zone can be treated as an interrelated environ- mental and economic system. 70 Planning for the areas surrounding Federal lands should be coordinated with local Federal repre- sentatives so, to the maximum extent practicable, these areas are used in a manner consistent with national needs. Just as Federal lands should be protected from incompatible surrounding uses by the coastal management program, it is anticipated that Federal agencies, being equally aware that environmental problem do,not respect jurisdictional boundaries, will do their utmost to comply with applicable Coastal Act policies as required by the CZMA. B. Consistency of Federal Actions In accordance with the CZM44 fSection 304 (1)) p the California Coastal Management Program excludes from the coastal zone, "lands the use of which is by law subject solely to the-discretion of or which is held in trust by the Federal Goverment, its officers or agents." However, the,CZMA has what is called "Federal consistency" provisions. Section 307 includes the following: Federal activities "(c)(I) Each Federal agency conducting or supporting activities directl@ affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs." Federal, development projects 11(2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs." Federal licenses and permits "(3)(A) After final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the state's approved program and that such activity will be conducted in a manner consistent with the program. At the same time- 'the applicant shall furnish to the state or its designated'agency* a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such certifications, and, to the extent it deems appropriate,procedures for public hearings in connection therewith. At the earliest practicable time, the state or its designated agency shall notify the Federal agency concerned that the state 'concurs with or objects to the applicant's certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copy of the applicant's certification, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its designated agency has concurred with the applicant's certification, or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds, after providing a reasonable opportunity for detailed comments from the Federal agency involved and from the state, that the activity is consistent with the objectives of this title or is otherwise necessary in the interest of national security." OCS licenses and permits After the management program of any coastal state has been approved by the Secretary under section 306, any person who submits to the Secretary of the Interior any plan for the exploration or development of, or production from, any area which has.been'leased under the outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.) and regulations under such Act shall, with respect to any exploration, deveTo-pment, or production described in such T)Ian and affecting anv land nse water use in the coastal zone of such state, attached to such plan a certification that each activity which is described in detail in such plan complies with such state's approved management program and will be carried out in a manner consistent with such program. No Federal official or agency shall grant such person any license or permit for any activity described in detail in such plan until such state or its designated agency receives a copy of such certification and plan, together with any other necessary data and information, and until 71 "(i) such state or its designated agency, in accordance with the procedures required to be established by such state pursuant to subparagraph (A), concurs with such person's certification and notifies the Secretary and the Secretary of the Interior of such concurrence; "(ii) concurrence by such state with such certification is conclusively presumed' as provided for in subparagraph (A); or "(iii) The Secretary finds, pursuant to subparagraph (A), that each activity which is described in detail in such plan is consistent with the objectives of this title or is otherwise necessary in the interest of national security. "If a state concurs or is conclusively presumed to concur, or if the Secretary makes such a finding, the provisions of subparagraph (A) are not applicable with respect to such person, such state, and any Federal license or permit which is required.-- to conduct any activity affecting land uses or water uses in the coastal zone of such state which is described in-detail in the plan to which such concurrence or finding applies. If such state objects to such certification and if the Secretary fails to make a finding under clause (iii) with respect to such certi- fication, or if such person fails substantially to comply with such plan as submitted, such person shall submit an amendment to such plan, or a new plan, to the Secretary of the Interior. With respect to any amendment or new plan submitted to the Secretary of the Interior pursuant to the preceding sentence, the applicable time period-for purposes of.concurrence by conclusive presumption under sub- paragraph (A) is 3 months; and..." Federal assistance "(d) State and local governments submitting applications for Federal assistance under other Federal programs affecting the coastal zone shall indicate the views of the appropriate.state orlocal agency as tothe relationship of such activities to the approved management program for the coastal zone. Such appli- cations shall be submitted and coordinated in accordance with the provisions of Title IV of the Intergovernmental Coordination Act of 1968 (82 Stat. 1098). Federal agencies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding-by the Secretary that such project is consistent with the purposes of this title or necessary in the interest of national security." In summary, Section 307 states that Federal activities directly affecting the coastal zone, including development projects, must be consistent to the maximum extent practicable with a Federally approved State coastal management program. Federal agencies are generally constrained from taking the following actions unless a State has found that proposed activities would be con- sistent with its management program: a., i-ssuing a license or permit for any activity affecting the coastal zone; b. providing financial assistance to State or local government proposals affecting the coastal zone; and C. granting a license or permit for an activity affecting the coastal zone, covered by a plan for the exploration or development of, or production from, areas leased under the Outer Continental Shelf Lands Act. Federal activities including development projects undertaken by Federal agencies on Federally owned lands in the coastal zone are subject to the Federal consistency provisions when the actions directly affect the coastal zone under the jurisdiction of the California Coastal Management Program. A State finding that an activity regulated or supported by a Federal agency would be incon- sistent with the State coastal management program can be appealed to the Secretary of Commerce (tl@e Department of Commerce is responsible for administering the CZMA) who can overrule the State and allow the proposed activity to be conducted if it is found the proposed action is either consistent with the objectives of the CZMA or necessary in the interest of national security. Although States are given the responsibility for making these determinations of Federal consistency under the CZMA, in California the local coastal programs will be regarded as a refinement of the State coastal manage- ment program and local governments will, therefore, be delegated the authority to act on behalf of the State in making the initial review of Federal license and permit activities and Federal assistance activities to determine whether they would be consistent with the State (and the local) coastal program. Decisions by local governments on Federal activities can be appealed to the Coastal Commission under the same rules that apply to activities requiring coastal permits. The Federal consistency provisions will provide local governments with considerably more control over Federal activities along the coast, but under the CZMA, the views of*Federal agencies that would be affected by the local program must be considered in the development of the program before it can be applied to Federal actions. 72 L C. Administration of the Federal Consistency Provisions If the California program is approved by the Secretary of Commerce, the Coastal Commission intends to carry out its responsibilities in connection with the Federal consistency provisions (section 307) as follows: Monitoring and Review of Federal Activities The Coastal Comission will monitor all Federal activities that may directly affect the coastal zone. The Coastal Comission will also rewiew all Federal development2 undertaken in the coastal zone. This monitoring will utilize existing procedures-- the A-95 review process, review of environ- mental impact statements, and review of Corps of Engineers pubilic notices, supplemented as necessary with special coordination with individual Federal agencies. The Coastal agency3 will make every effort to notify Federal agencies of potential inconsistencies with the State's coastal management program as early as possible in the planning process. At the same time. as is implicit in the statement of national interest, it is expected that each Fedaral agency proposing to conduct or support an activity that ma directly affect the coastal zone, or to undertake any development projects in the coasta zone to advise the coastal agency of such activities or developments as early as possible in the State's managment program can be identified and resolved early. Memoranda of Understanding with Federal Agencies Federal agencies will be requested to enter into memoranda of understanding with the coastal agency with regard to any activities or development within the coastal zone that would otherwise require a coastal agency permit. These memoranda of understanding will include public hearing where appropriate and will be based upon the cosistency of the proposed project or activity with the management program and , in particular with the Coastal Act. If the coastal agency determines the proposed activity or development is not fully consistent with the management program, it will not enter into a memorandum of understanding. In that case, if the Federal agency disagrees with the coastal agency's finding and decides to go forward with that activity, it will be expected to (a) advise the coastal agency, in writing, that a project or activity complies with the coastal management program to the maximum extent practicable, and (b) set forth in detail, the reasons why this is so. If a regional commission or local jurisdiction declines to enter into a memorandum of understanding with a federal agency, the decision will be autoatically reviewed, and subject to reversal by the Coastal Commission. Memoranda of understanding between a regional commission or local jurisdiction and a Federal agency can be appealed to the Coastal Commission under the same rules that apply to appeals on permit decisions. In the event the coastal agency seriously disagrees with the Federal agency's determination that an activity or project complies with the management program to the maximum extent practicable, the Coastal Commission may request the Secretary of Commerce to mediate the serious disagreement as provided by Section 307(h) of the CZMA. If Federal agencies do not wish to participate in the memoranda of understandin process the Federal agency must adopt some other procedure (i.e., A-95 ) which must be supplemented to assure that the coastal agency is informed of all Federal activities and development projects at the earliest proposed action to the managment program (including the objectives, policies, and/or certified local coastal programs). and must include sufficient information for the coastal agency to review the Federal agency's determination. Consistency of Federal Activities Not Requiring Coastal Permits Memoranda of understanding will not be requested with regard to Federal activities or development that would not otherwise require coastal agency permits. However activities conducted or supported by any Federal agency which would directly affect land , water, air, and other coastal resources within the coastal zone will be expected to conform to the management program to the maximum extent practicale as required by section 307(c)(1). The determination as to whether a specific activity could "directly affect the uses of land, water, air, and other coastal resources" will be made by the management program. If the coastal agency determines that the activity is not fully consistent with the management program and the Federal agency involved disagrees and decides to go forward with the project or activity, it will be expected to (a) advise the coastal agency, in writing, that the project or activity, it will be management program to the maximum extent pracricable, and (b) set forth in detail, the reasons why this is so. Adecision by a regional commission or local jurisdicton that a Federal activity would not be consistent with the management program will be automatically reviewed, and the subject to reversal by the Coastal Commission. A decision by a regional commission or local jurisdiciton that a Fedeeral activity would be consistent with the management program can be appealed to the Coastal Commmission under the same rules that apply to appeals on permit decisions. 73 In the event the coastal agency seriously disagrees with the Federal agency's-determination that an activity or project complies with the management program to the maximum extent practicable, the Coastal Commission may request the Secretary of Commerce to mediate the serious disagreement as provided by Section 307(h) of the.CZMA or seek judicial review of the dispute. Federal Licenses and Permits Subject to Certification for Consisten Within the State of California, the following Federal agency licenses and pemits will be subject to the certification process for consistency with the management program under Section 307(c)(3) if the activity being licensed or permitted affects land or water uses in the coastal zone: Department of Defense - U. S. Army Corps of Engineers: Permits and licenses required under Sections 9, 10, and 11 of the Rivers and Harbors Actof 1899. Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972. Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments. o Permits for artificial islands and fixed structures located on the outer Continental Shelf (43 U.S.C,. 1333(f)). Nuclear Regulatory Commission: Permits and licenses required for siting and operation of nuclear power plants. Department of the Interior - Bureau of Land Management - U. S. Geological Survey: . Permits dnd licenses required for drilling and mining on public lands (BLM). 0 Permits and approvals of exploration and operating plans pertaining to the extraction of leasable minerals (USGS). o Plans for the exploration, development, and pro'duction from areas leased under OCS Lands Act (43 U.S.C. 1331 et seq.). 0 Permits and licenses required for offshore drilling, approval of design plans for the installation of platforms, and approval of gathering and flow lines. Permits for pipeline rights-of-way on thecuter Continental Shelf. Pemits and licenses for rights-of-way on public lands. Environmental Protection Agency: � Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments. � Permits and applications for reclassification of land areas under regulations for the prevention of significant deterioration (PSD) of air quality. Department of Transportation - U. S. Coast Guard:, Permits for construction of bridges under 33 USC 401, 491-507 and 52S-534. Permits@ for deepwater ports under the Deepwater Port Act of 1974 (PL 93-627). Department of Transportation - Federal Aviation Administration: Permits for operation of airports. Federal Power Commission: Licenses for construction and operation of hydroelectric generating projects including primary transmission lines. Certifications required for interstate gas pipelines. Permits and licenses for construction and operation of facilities needed to import, export, or transship natural gas or electrical energy.. This listing has been intentionally limited to those permits where the Federal license or permit may significantly affect coastal land and water uses. This is desirable to minimize the administrative burdens on the governmental entities as well as the applicant. If it is found that the issuance of other Federal permits and licenses causes significant effects on coastal land and water uses, the consistency requirements will be applied to those permits or licenses through achnin4strative addition to the list, above. 74 Within the coastal zone, a coastal agency permit will be required or memoranda of understanding requested for all of the above activities. Consequently, the issuance of a coastal agency permit where one has been applied, or agreement on memoranda of understanding will be deemed to be a determination by the State that the proposed activity or project is consistent with the management program, and no further certification will be required. In those cases where no coastal agency permit has been applied for, the coastal agency will process a certification of consistency concurrent with the permit appli- cation. The coastal agency will not review whether a Federally licensed or permitted activity in the coastal zone is consistent with the management program except in connection with a permit applica- if a.permit is required. Elsewhere in California, certification of the above licenses and permits will be required only in cases where the coastal agency determined that the activity being licensed or permitted could have a substantial effect on land and water uses in the coastal zone. This determination will be made on a case-by-case basis in the course of the monitoring program described at the beginning of this section. It is not anticipated that many licenses and permits outside the coastal zone will require certification. At the same time, those that do will probably be of considerable interest to the public because of the potential impact on the coast. Consequently, certifications of licenses or permits outside the coastal zone will be processed as much as *possible as if they were applications for coastal permits under the Coastal Act and the Coastal Commission's regulation,s, including a timely notice and public hearings. If the coastal agency determines that an activity to be licensed or permitted by a Federal agency is not consistent with the management program as required by Section 307(c) of the CZMA the Federal agency will not license or permit the activity unless the Secretary of Commerce, on his own initiative or upon appeal by the applicant, finds, after providing an opportunity for comments from the Federal agency involved and from the Coastal Commission, that the activity is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security. OCS Plans Subject to Certification for Consistency.* Plans for the exploration or development of, or production from, any OCS area adjacent to California waters that has been leased under the 'Outer Continental Shelf Lands Act will be subject to-certification and State review to assure that Federal licensing and permit activities described in detail in such plans, and affecting land and water uses in the coastal 'zone are consistent with the management program. These plans will be processed as much as possible as if they were applications for coastal permits under the Coastal Act and the Coastal Commission's regulations, including a timely notice and public hearings. If the coastal agency determines'that a Federal license or permit activity described in such plan is not consistent with the management program as required by . Section 307(c)(3)(B) of the CZMA, Federal agencies will not grant licenses or permits for-the activities described'in the plan unless the Secretary of-Commerce, on his own initiative or upon appeal by the applicant, finds, after providing an opportunity for comments from the Federal agencies involved and from the Coastal Commission, that the Federal license or permit activities are consistent with,the objectives of the CZ?4k or is otherwise necessary in the interest of national security. Fe,deral Assistance Subject to Certification of Consistency To review applications for Federal assistance under other Federal programs affecting the coastal zone, the coastal agency will use the Project Notification and Review System of OMB Circular A-95 authorized under Title IV of the Intergovernmental Coordination Act of 1968 and administered by Regional Clearinghouses and statewide by the Office of Planning and Research. The scope of coastal agency review will be.limited to ensuring that the proposed project or activity is consistent with the coastal management program. In the event that the coastal,agency determines that the proposedIroject or activity is not consistent with the management program, the coastal agency will attempt to resolve the inconsistency through negotiation with the applicant. If no resolution is possible, the coastal agency will forward its determination to the appropriate Federal agency, and as required by Section 307(d) of the CZMA, the Federal agency will not approve the proposed project unless the Secretary of Commerce, on appeal, finds that the project would be.consistent with the purposes of the CZMA'or in the interest of national security. D. Incorporation of Federal Air and Water Quality Standards Although the Coastal Plan recommended that California institute air or water quality standards more restrictive than Federal requirements in certain areas in order to address unique problems, the Coastal Act did not go as far. The Coastal Act does uphold Federal standards as enforced by existing State agencies. Local coastal programs must also incorporate as necessary the air and water quality standards prior to certification. Section 30522 of the Coastal Act states, "Nothing in this chapter shall permit the connission 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." Section 30253(3) requires new development to be consistent with requirements imposed by an air-pollution control district or the State Air Resources Control Board. 75 The State Water Resources Control Board is recognized as having primary responsibility,for the coordination and control of water quality-and the administration of water rights pursuant to applicable law. The Coastal Commission is responsible for seeing that proposed development and local coastal programs do not frustrate the State Water Resources Control Board's programs. However, Section 15 of the Coastal Act amended the State Water Code to ensure that water agencies support the Coastal Comission's manageinent program to piu,'ect the coastal ifkarine environment. Treatment works within the coastal zone and those outside the coastal.zone that serve the coastal zone require a coastal permit determined on siting and visual appearance, geographic limits,, and.de 'velopment projections. The Coastal Commission must make the final determination on a permit prior to the time of final approval of the project by the State Water Resources Control Board (30412). The State Air Resources Board and local air pollution control districts,.having been established pursuant to State law. and consistent with Federal law, are the principal public agencies responsible for air quality, emission standards, and aii pollution control programs. The Coastal Commission is not to modify air pollution standards set by the Air Resources Board, which, it is expected, will recommend ways that the Coastal Commission.can assist in air quality programs (30414). REFERENCES 1. "Activity" means an activity or program that a Federal agency directly engages in itself ,for Federal purposes, or pays someone.else to engage in, also for Federal purposes. "Activity" does not include Federally assisted activities or program that are primarily for State and l.ocal FU-Fposes which are covered under Section 307(d) of the CZMA. 2. "Development", as defined by ONIB Circular A-9 '5, means planning, construction and modification of public works, physical facilities, and installations, or land and real property development (including the acquisition, use and disposal of real property) undertaken by or for the use of the Federal govern- ment or any of its agencies; or the leasing of real property for Federal use when the.use or intensity of use of such property will be substantially altered. 3. "Coastal Agen@@' means the State and local goverment units responsible for reviewing the consis- tency of Federal actions. The identification of these agencies will be made known to Federal agencies and applicants through administrative notification. 76 CHAPTBR 12 FUNDING MANAGEW-Nr AND ACQUISITION ACTIVITIES A. Sources of Funds The California Coastal @Ianagement Program has several potential sources of funds for ma nagement and acquisition activities: (1) Up to $5 million may be available annually from the Federal government under Section 306 of the CZMA providing funds for-.Federally-approved State program . The Coastal Act provides that 50 percent of the Federal funds must be made available for the preparation and implementation of local coastal programs discussed below. (2) The State will be.eligible for additional funds to address the impacts of coastal energy development under Section 308 of the CZMA. opriating $1,476,506 for ope .-ration . (3) The California Legislature in,1976 approved AB 400, appr of the Coastal Commission and regional commissions for the first half of 1977., Appropriations from the State General Fund to support the Coastal Commission are expected to be made by the Governor and the.Legislature each fiscal year. (4) AB 400, in addition, was to have provided $31 million for near-city hostels on the coast and for various park and beach acquisitions, but the Governor reduced these appropriations to $1.9 million for hostels and $9.85 million of the acquisitions. (5) Proposition 2, the State Urban and Coastal Park Bond Act of 1976 (formerly SB 1321), approved by the voters of California in November 1976,- provides for $280 million in bonds, of which about $145 million will be applied to coastal acquisition and other activities. This total includes the initial $10 million funding for the new State Coastal Conservancy's acquisition, restoration, and enhancement program; $15 million as the State @hare of-local government purchases to be made on the coast; $10 million to the Fish and Game Department for acquisition of coastc-2. habitat areas; and $110 million to the Parks and Recreation Department for the purchase of coastal parks and beaches. (see Appendix 5). (6) AB 2133, also passed in 1976, provides $10 million for the purchase of coastal wetlands. B. Coastal Act-Financial Provisions The Coastal Act itself made no appropriations for coastal management activities but has several provisions of interest: (1) The Coastal Act specifies the Coastal Commission is responsible for the management and budgeting of funds appropriated, allocated, granted, or otherwise made available to the Coastal Commission and regional commissions (30340). The Coastal Commi i ire, as it did under ssion may requ Proposition 20, reasonable filing fees and reimbursement of expenses in connection with processing development permit applications (30620(c)). (If appropriated by the Legislature, these will provide partial'funding for the regulatory activities of the management program.) . . (2) No sections of the Coastal Aft concern costs to local governments. The Coastal Act states the Coastal Commission cannot withhold approval of a local coastal program "because of the inability of the local government to financially support or implement any Policy or policies" of the Coastal Act, though this does not require approval of a program "allowing development'not in conformity with the policies" of the Coastal Act (30SM(a)). The Coastal Act also acknowledges "there may be direct planning and administrative costs" imposed on local-governments by the legislation and stated "it is the intent of the Legislature that such costs to local government shall be reimbursed by the State." It provides legislatively appropriated funds (and 50 percent of Federal funds available for such purposes) be deposited-in a special local goverment coastal planning assistance account in the State General Fund, that. the Coastal Commission. review local government claims, and the State Controller consider this-report as it reviews claims made by local governments against the account. Funds available under the CZNR cannot be-used for reimbursement and,* therefore, cannot be deposited in the -account. However, CZMA funds can be used to support the development and implementation of local coastal programs if the work to be carried out with the funds is identified in advance and approved by the-Department of Commerce as part of California's annual application for a coastal zone management grant. Because the projected availability of Federal funds that can be used for local coastal programs exceeds the estimated cost of developing the programs, the justifiable claims against the account are not expected to be excessive. In general, the Coastal Commission expects no insurmountable problem in the funding-of the pre- paration of adequate local coastal program , which will enable the Coastal Commission to certify the programs and transfer much of the implementation of the California Coastal Yonagernent Program (including the general development permit authority in the coastal zone) to local governments. 77 CHAPTER 13 CITIZE@ AND GOVERNMENT INVOLVEMENT IN THE MANAGEMENT PROGRAM A. Participation in Program Planning The history of public participation in the development of the proposed management program extends back to 1970 when the groundwork for what became a citizen initiative, Proposition 20 (the California Coastal Zone Conservation Act of 1972), was started. It took a massive, statewide petition drive to place the initiative on the ballot. Because of that awesome public involvement, the Coastal Commission, in drafting the Coastal Plan and in regulating coastal development from 1973, wanted and was able to get an extremely high degree of continuing citizen interest. As the planning - process began dealing in detail with the most serious coastal issues -- for example, offshore petroleum development 7- large private interests and goverment agencies became increasingly involved in the Coastal Commission planning and regulatory activities. How much involvement was there? When did it occur? How did the Coastal Commission and regional commissions relate the more theoretical planning procedures and the enormous quantity of public input? How were repeated concerns addressed by the Coastal Commission?- How could a statewide plan be drafted that was sensitive to regional and local concerns? How could the Coastal Commissions deal seriously with technically, economically, or politically complex material without "losing" the public? The Coastal Commission and regional commissions did not close the door to participation until the printer's deadline in October 1975--and it was reopened in December when the Coastal Plan came off the press and was sent to the Legislature for its consideration. Due to the extensive documentation, with respect to local, regional, State, and Federal parti- cipation in the Te-velopment of the Coastal Plan, prepared reports which document this participation .are housed at the Coastal Commission and at OCZM. This documentation is available for review and includes the following appendices, which are made a part of this program and the draft EIS, by re- ference, for purposes of meeting the NEPA coordination and consultation requirements: Evolution of ia Coastal Plan Policy Through the Public Review Process; Coastal Planning Mailing List; Regional 'Coastal Commission Plan Element Public Hearings and Meetings; Summary of Public Hearings on the Preliminary Coastal Plan; Meetings on the Preliminary Coastal Plan; State and Regional Agency In- ivolvement in the Coastal Planning Process; Federal Agency Involvement in the Coastal Planning Process; and Correspondence Between Coastal Commission and Federal Officials. Intensity of Participation Beginning in 1973 technical experts, representatives of interest groups, property owners, local, State, and Federal agency staff, and interested citizens were encouraged to participate by being provided with preliminary material for review and comment. -In some cases, the Coastal Commission and regional.commissions learned who these people were through their unsolicited-expressions of interest. Most of the time the staff learned of people who should be involved in planning through references in technical literature, mailing lists from professional and interest organizations, or knowing of groups and individuals from past experience. The number of people, groups, and agencies involved in coastal planning grew to almost 10,000. However, the total number of people receiving planning informa- tion is close to 20,000. Through this early and continuing review process, the public and governmental agencies were extensively and intensively involved in the Coastal Plan development as evidenced by several thousand people being given the opportunity to have input into the development of the plan elements long before the elements ever reached public hearings held before the regional commissions. The regional commission public hearings on the plan element findings and policies represented another major opportunity for public participation in the development of the coastal management program. In all, 259.public hearings were held at the regional commission level on the individual plan elements. Each of the regional commissions, based on its study and public input, submitted recommended findings and policies to the Coastal Commission. The Coastal Commission prepared draft findings and policies on each of the nine plan elements from the recommendations of the regional commissions and held public hearings on its conclusions. At the public meetings, controversies that could not be resolved at previous meetings were discussed and revisions to material considered. While these meetings were not formal public hearings, general public input was normally allowed. 78 All of the material adopted individually in the plan elements was subsequently incorporated into the Preliminary Coastal Plan along with mapped information and alternative ideas for implementing the Coastal Plan. In all, about 6,000 people attended the hearings and almost 8,000 pages of written comments were received. These written comments supplemented the oral presentations that had to be somewhat limited in length because of the large number of people.making presentations. In addition, during April, May, and June 1975, the staff and regional commission members from the seven coastal commissions met with numerous groups. to explain the provisions, answer questions about, and receive suggestions for improving the Preliminary Coastal Plan. In the same fashion that the general public participated in the coastal planning process, State and regional agencies were encouraged to review and comment on the technical reports, draft findings and policies, hearing drafts, and tentatively adopted,findings and policies of each of the nine plan elements. They were also provided with copies of the Preliminary Coastal Plan to allow for their input into the formulation of the final Coastal Plan. Mach emphasis was placed on participation during the planning phase. Public and government involvement continued when the Coastal Plan went to the Legislature, but necessarily the degree of participation was not as high--partly because of the nature of the legislative process, partly because the activity was confined to the State,capital, and partly because of the less predictable and shortened schedule (the original coastal legislation was introduced in Febraury 1976; the Coastal Act and com- panion legislation emerged in August). When the original,bill, SB 1579, was introduced, the Senate Natural Resources and Wildlife Com- mittee held six hearings and the committee chairperson observed the amount of public participation allowed was probably greater than for any other bill in that session. The Senate Finance Committee held one hearing before failing to pass SB 1579 in June. Because little time remained in the session, the coastal legislation was revived as amendments to a minor bill, SB 1277, that had already passed the Senate. Consequently, most of the hearings on SB 1277 were in the Assembly, with the Resources, Land Use, and Energy Committee conducting three hearings--including-two in Los Angeles during a mid-session break. The majority of letters to legislators concerned the first bill, SB 1579. At each of the 10 hearings, an average of representatives from 20 groups appeared, and a varying number of individuals. Federal Agency Cooperation in Planning Federal agencies enjoyed the same opportunity to participate in the Coastal Plan development as did the general public and State, regional, and local agencies. In addition to this regular in- volvernent in the planning process, special efforts were made to keep in close contact with - Federal agencies. Wherever possible, Federal studies were incorporated into the background technical material and Federal officials were invited to provide input into the Coastal Plan preparation. Federal involve- ment was further facilitated by having two Federal employees, William Davoren of the Department of .the Interior and David Mowday of the Environmental Protection Agency, work on the Coastal Commission staff. Both worked actively to coordinate the activities of the Coastal Commission and regional com- missions and those of Federal agencies in the coastal regulatory.process as well as coastal planning. Clearly,Federal agencies were involved from the very beginning of the coastal planning process, but coordination with Federal officials intensified in 1975 for two reasons: (1) a broadening of Coastal Commission contacts with Federal agencies in response to the draft regulations on Section 307 of the CZMA, and (2) the distribution of the Preliminary Coastal Plan on March 1975. Over 20& copies of the Preliminary Coastal Plan were distributed to various Federal agencies and officials for review and comment. In addition, many meetings were held with Federal agencies to discuss the Pre- liminary Coastal Plan and explore any questions with reference to various policies. The most important of the meetings was held on May 15, 1975,with the Western Federal Regional Council, Environmental Protection Agency, Department of Housing and Urban Development, General Services Administration, Corps of Engineers, Maritime Administration, Coast Guard, and the Federal Power Commission, and on April 11 and.June 11,197S, with the Western Division'Naval Facilities Engineering Command. These meetings generated many valuable ideas that were incorporated into revisions of the Preliminary Coastal Plan. Moreover, an entirely new section entitled "National Interest in the Coast" was prepared to briefly state the national importance of the California coastline, to explain how the national interest was taken-into account in the preparation of the Coastal Plan, to set out the-process proposed to ensure that the national interest in the coastal zone is considered and provided for in the future, and to outline the relationship of the Coastal Plan to the CZMA. Several revisions to this draft statement were made in response to comments by Federal agencies and additional meetings were held with representatives of,the Navy to finally come to mutually --ceptable language for the statement. - I Agreement was reached on September 8,. 1975, and the Coastal Commission adopted the final wording on September 17, 1975. As subsequently refined, the national interest statement is included in Chapter !I. 79 B. Concerns Frequently Raised During Planning During the planning period, the public and goverment @gencies had the opportunityto express their concerns about the proposed coastal management policies. Through public hearings, telephone conversations, and letters to the Coastal Commission the State and regional staffs learned which of the developing plan's topics were of particular interest. Questions involving private property rights and economic impacts on individuals and coastal communities were raised most frequently. . In fact, these two concerns were repeatedly linked. For example, where a parcel of agricultural land acted to restrict access to adjacent tidepools, the owner might argue that if the public was -allowed coastal access, their activities would diminish the values of'both agricultural lands and the tidepools. Consequently the Coastal Act's policies evolved to assure that constitutional, economic, and environ- mental values were protected in concert,with the objectives of a sound coastal management program. The Coastal Plan "Summary and Introduction," which was circulated throughout the State as a separate publication, dealt with those concerns. Subsequently refined to reflect the Coastal Act, the state- ments addressing private property rights and economic impacts will now be discussed. Rights of Property Owners Consistent with the provisions of CZMA Section 303(b) the Coastal Act recognizes fully that owner- ship and use of private property are fundamental concepts in,the law and traditions of the United States. The Constitutions of both the United States and the State of California protect property owners against the taking of their property without just compensation. The Coastal Act cannot violate these Constitutional mandates, and it does not. The Coastal Act assures the rights of landowners will be protected. It states: "The Legislature hereby finds and declares that this.division is not intended, and shall not be construed as authorizing the -regional commission, the commission, port governing body, or local government acting pursuant to this division to exercise their power to grant'or deny a permit in a manner which will take or damage private property for public use, without-the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States." (30010) If coastal property is not purchased by the public for public use or enviromental protection, the property owner may put it to other uses consistent with the policies of the Coastal Act. The Coastal Act includes development standards, similar to those in long-established city and county laws, under which new buildings would be designed to protect views to and along the ocean, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and to provide public access to the oceanfront where appropriate. However the property rights of a landowner are not absolute. Rights can and do change over time, and the rapid urbanization of the United States during the 20th century has led increasingly to restric- tions on the use of private property--restrictions held by the courts to be constitutional. For example, the.U. S. Supreme Court held 25 years ago that property owners could not create an enforceable agreeinent requiring racial discrimination in the future sale of their land. For many years, laws have prohibited the use of property in a way that would result in health hazards or noxious effects on the public at large. Local zoning laws have been upheld by the courts since 1926. The issue is not whether property owners rights could be violated; under Federal and State- Constitutions they could not be. The issue, at least in many places, is that property owners' ex- pectations may be affected. When people buy land, they often expect a certainty of financial return greater than when they buy securities or make other investments. Because they may live on the land and farm it, because they pay property taxes on it, and because of the recent rapid rise in.land values in many areas, many people expect to make money by holding or using land, and they believe they deserve to be compensated if their expectations are not realized.. Under the Coastal Act, as under many Constitutional land use laws, people can use their land in a variety of ways, but in some cases not as fully or intensivelyas they might like. 80 Just as the California Constitution protects private property rights, it also protects rights of public access. The State Constitution, adopted in 1879, provides in Article XV, Section 2, that: "The People Shall Always Have Access to Navigable Waters. No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands. of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to excludethe right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof." In summary, the Coastal Act will not take away landowners' rights. In some cases, it may change a landowner's expectations, but'there are many factors other than the Coastal Act that can influence future land values--for example, the value of land for second-home subdivisions depends, in part at least, on the price and availability of gasoline for driving to distant areas. Thus, there can' be many reasons for financial success as well as financial reverses in the ownership of land, as in the ownership of securities or any other investment. Although no compensation for loss of expectations is legally required, perhaps there should be a public policy debate as to its desirability. At the very least, however, it could be difficult indeed to'correctly measure declines in value, and to fairly assess the many factors that might be responsible. There is, yet, no tradition of public responsibility for guaranteeing the success of private investments in land or in anything else. Economic Impacts of Coastal Development Regulations Based on the-recognition that protecting California's coast is essential for the State's long- term,economic well-being and, in application of CZMA Section 303(b), the Coastal Act calls for economically sound measures: well-planned,.orderly development to curb the wasteful use of land; vigorous protection of the coastal resources that are the basis of the multi-million dollar coastal tourist industry-and the thousands of jobs it provides; and similar protection for coastal farm lands, timberlands, and ocean fisheries--all of which provide jobs and income for Californians. Economic activity along the coast is affected by many factors of which the Coastal Act is only one. Interest rates, population growth, unsold or under used buildings, and the availability of energy are all factors that will affect building activity along the coast. The coastal economy, and indeed,.the State's economy, may also be affected in less obvious ways.. For example, there is an economic loss when low-quality,sprawling development is allowed to overrun land suitable for much better development. There is an effect on the consumer's food bill when prime agricultural land is converted to other uses--followed by efforts to achieve comparable production on less valuable land through energy-intensive applications of irrigation water and fertilizer. The past misuse of California's coastal resources has caused unmeasured but real economic losses. The gradual, fragmented degradation of natural resources has not usually been recognized as a major economic loss. Rather, attention has been concentrated on short-term economic benefits: when a.marsh was filled, attention was given to the jobs created by new construction, and a resulting in- crease in the local tax base. Similarly, building houses on prime farmland has usually been seen as economically beneficial. But there is increasing evidence of long-term losses that may not be so visible. Filling marshes, bdys, and estuaries, which are essential nursery grounds for many species of fish and wildfowl, can gradually decrease the ocean.fisheries--and the jobs and income, together with food supply, that ocean fishing provides. There may well be serious long-term consequences from the increasing loss of prime agricultural land--effects not only on food prices but on the ability of this Nation to help feed the world's growing population, and to export food in return for petroleum, metal ores, and otherproducts from abroad. The Coastal Act recognizes, in short, that protection of coastal resources is essential to a sound economic future for California. While it may not be possible to determine precisely.the dollar -value of a day of recreation or inspiration provided by ocean beaches, parks, bluffs, and trails, there are clear dollar values attributable to the coastal visitor economy. The Coastal Act seeks to increase public access to the oceanfront in appropriate areas; to provide tourist accommodations from campgrounds to hotels, resorts, and-meeting centers; and-to give preference to these public activi- ties over private housing in suitable coastal areas. If Californians were to allow the coast to be further degraded, ocean views to be blocked by poorly-designed buildings, and access to beaches restricted, they would be risking the future of one of the most important economic assets of the State--- coastal tourism. 81 Security Pacific Bank, in its 1975 Coastal-Zone Economic Stildy, wrote., "tourism is a vital economic base industry, i.e., its income accrues from sales to people from outside the State, and it brings in 'new dollars.' Some of its benefits include the direct and indirect support of a multi-industry infrastructure, the employment of many relatively unskilled workers, and the taxes paid by the tourist ... Tourists make relatively small demands on a region's public services (police and fire protection, street maintenance, etc.) and yet they contribute heavily toward providing employment and income and in reducing the tax burden of-local residents." "The Costs of Sir-awl," a study made in 1974 by Real Estate Research Corporation for the Federal government, showed that-well-planned, concentrated development means savings to the public of between 5 and 33 percent when compared with wasteful, land-consuming development. The savings are in the costs of roads, sewer and water lines, etc., and also in travel-time for residents, the need for services such as schools and fire stations, etc. Of increasing importance, well planned developments can save greatly on energy. The Coastal Act seeks not to stop growth and development, but to direct new construction primarily into the rebuilding and upgrading of already-developed areas where additional development can be accommodated. The issue is not-whether there should be new development, but where. Thousands of jobs and millions of dollars in annual crop production depend on the unique combination of California's coastal soils and climate. Protecting California's agricultural lands is not only a coastal issue; it is obviously a problem of statewide concern. But the Coastal Act seeks to maintain the long-term productivity of coastal'famlands, grazing lands, and timberlands for their long-term economic value. Similarly,the Coastal Act seeks to protect ocean fishing, both commercial fishing and sport fishing. The Coastal Act, therefore, seeks to protect the coastal estuaries and wetlands essential to California's ocean fishery, and to protect coastal water quality. The economic values are clear: the Security Pacific Study noted that in 1972, the most recent year for which detailed figures are available, California landings and shipments of commercial fish were valued at $162.5 million. The study added thati "the real value of commercial fishing to the State and regional economies of California in terms of primary, secondary, and tertiary income and employment is difficult to assess. In most cases, these values are probably understated. California fishermen range many miles from their home ports in search of their catch--from Alaska on the north to South America on the south--and in many instances, they market their catch at the nearest suitable port in order to shorten their turn-around time. Consequently, California's official published valuation figures are understated in that they include neither the value of the fishing catches, the profits, nor the-wages, resulting from deliveries to non-California ports. There is a positive effect, however, in that these monies are brought-back to California and introduced into the State and regional economies as export or 'new' dollars." The Coastal Act recognizes that some future coastal sites may be needed for new or expanded power plants, that new port terminals may be needed for larger petroleum tankers,, and that offshore petroleum production my be required as part of a national energy conservation and development program. The Coastal Act provides standards by which necessary energy installations may be accommodated, consistent with the protection of coastal economic and environmental resources. The Coastal Act seeks to protect the coastal streams that deliver sand to ocean beaches; beach erosion costs property owners and government bodies several million dollars every year for building groins, jetties, and other erosion-combatting structures, and for importing sand. The Coastal Act also seeks to maintain and enhance coastal air quality; air pollution causes millions of dollars annually in crop damage and inestimable damage to human health. C. Continuing Public and Government Involvement The success of the Coastal Commission and regional commissions efforts to involve the public and government agencies in the planning process on virtually a continual basis from 1973 until now was recognized when coastal legislation was finally passed. In the Coastal Act the Legislature found "there has been extensive participation by other government agencies, private interests, and the general public." (30002(a)) 82 This extensive public involvement is required to continue under the new Coastal Act--and therefore in most aspects of implementing the coastal management program. The Coastal Act states: "The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation and development: that achievement of sound coastal conservation and development is dependent upon public understanding and support, and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation." (30339) The Coastal Act enumerates specific measures required to achieve.these goals: "The commission and each regional commission shall: (a) Ensure full and adequate participation by all interested groups and the public at large in the commissions's and each regional commission's work program. (b) Ensure that.timely and complete notice of commission and regional commission meetings and public hearings is disseminated to all interested groups and the public at large. (c) Advise all interested groups and the public at large as to effective ways of participating in commission and regional commission proceedings. (d) Recommend to any local goverment preparing or implementing a local coastal program and to any state agency that is carrying out duties or responsibilities pursuant to the provisions of-this division, and additional measures to assure open consideration and more effective public participation in such programs or activities." (30339) The Coastal Act does not limit this public and agency involvement requirement to the Coastal Commission. The chapter on ports requires public participation in the port master planning process; and Section 30500 (c) provides that: "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 an appropriate regional commission, and with full public participation." Finally, the Coastal Act provides: "During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special district, 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." (30503) The Coastal Commission will have on its staff a professional experienced in working with the general public who will be assigned the responsibility of ensuring these requirements are-met. Beyond this specific effort, the Coastal Commission's planning and regulatory activities will continue to be oriented around a process that encourages the maximum of public involvement. The calendar of management activities-in Section A of Chapter 14 indicates the frequency with which the Coastal Commission and regional commissions, local governments, port authorities, and others have to schedule public hearings. In short, it is not only hoped but it is legislatively mandated that the public be allowed to continue its very active role in implementing the management program. A more thorough description,on public participation in future program development and implementation can be found in the Coastal Commission regulations and Local Coastal Programs Manual. 83 @CHAPTER 14 CONTINUING DEVELOPMENT OF THE COASTAL MANAGEMENT PROGRAM The management program for the California coast established by the Coastal Act and other legis- lation outlines processes by which the general goals of -coastal management are to be realized and requires particular management activities to be completed by specific dates. Since coastal management is an evolutionary rather than a static process, the coastal policies are designed to be responsive to new issues. The program accordingly provides the mechanisms that will allow a coordinated but flexible management process involving both government agencies and the public at large. A. Schedule of Coastal Management Activities This section is basically a calendar that should aid in understanding how the various parts of the management program--for example, the Coastal Commission's development permit function, the pre- paration of local coastal programs and port master plans, coordination between the Coastal Commission and various State agencies on particular aspects of the management program--fit together. This schedule notes the dates certain Coastal Act requirements will be completed as part of the program. In many instances, the*policies call.for the transfer of Coastal Commission functions to appropriate State, regional, and local agencies. This will include active involvement by the public through numerous required public hearings that will become part of the schedule. 1977 January 1 Effective date of the California Coastal Act of 1976 (SB 1277, as amended by AB 2948 and AB 400). Effective date of AB 400 (coastal funding), AB 3544 (State Coastal Conservancy), and Proposition 2 (the $280 million park bond issue approved by the electorate in the November 2, 1976igeneral election). January 2 Ports may notify Coastal Commission of completed master plans. Last day for State and regional coastal,commissions to be appointed. January 11 Last day for regional commissions to be formally established. January 30 Last day for the Coastal Commission'to prepare interim coastal development permit and claim of exemption procedures. No date Public hearing on local coastal program procedures. No date Public hearing on urban exclusion(s), with Coastal Commission action sometime thereafter. No date Public hearing on categorical development exemptions, with Coastal Commission action sometime thereafter. February 2 First day of possible port district hearing on port master plan. No date Coastal Commission public hearing on port district boundaries and related wetland/recreation area maps. April 1 Last day for the Coastal Commission to adopt procedures for local coastal program preparation, submission certification, appeal, and amendment. Last day for the Coastal Commission to adopt port district boundary and wetland/recreation area maps. Apri-1'2 Last day Coastal Commission may act on a port master plan that was submitted January 2. Time limit-for Coastal Comission action is 90 days; otherwise the master plan is deerned certified. 84 April 30 Last day for the Coastal Commission to adopt regulations for the timing of its review of proposed treatment works. may I Last day for the regional commissions to adopt local coastal program processing schedules. Last day for Coastal Commission to adopt permanent development permit procedures. May 30 Last day on which a regional commission must begin reviewing a developed through 1976 pilot project for the local coastal program to qualify for theSection 30S21 accelerated schedule. July 1 Last day'a local government may.request the-Coastal Commission' to prepare its local coastal program. Last day for the Coastal Commission to identify special treatment areas for submission to the Board of Forestry. No date Public hearing by Coastal Commission on sensitive coastal resource areas. September 1 Last day for the C6astal Commission to designate sensitive coastal re- source areas for submission to the Legislature. No date Public hearing by the Coastal Commission on coastal energy facility locations. 1978 January 1 Final day for the Coastal Commission to designate'unacceptable coastal energy facility locations for submission to the State, Energy Commission. January 2 First annual report from Department of Parks and Recreation concerning public,accessways required by Division 21 of the Public Resources Code (State Coastal Conservancy). No date Public hearing(s) by each local government submitting a local coastal program to the Coastal Commission for certification. Such hearing(s) must be held on the aspect(s) of the local program that have not been publicly heard within the last four years. July 1 Fir st day on which local,coastal program (other than one evolving out. of a pilot project) may be submitted for review to the appropriate regional commission. Last day for Director of the Office of Planning and Research to publish the first report on coastal management agency duplication and conflicts. Thereafter, the report may be published at his discretion. Last day for presentation to the Legislature of the mandated joint Coastal Commission-BCDC report on their future relationships. Effective this day, at least 50 percent of CZMA funds received by California will be deposited in a-local government coastal planning assistance fund for use in developing and implementing the local coastal program . No date Public hearing by the Coastal Commission on interim coastal development. permit appeal procedures. August I Last day for the Coastal Commission to adopt publ ic notice and appeal procedures for interim coastal development permit applications. October 31 Last day for local governments to submit claims to the State Controller for State-mandated local costs incurred in fiscal year 1977. 85 1979 January 1 Commission must submit first biannual report on coastal program implementation to the Governor and Legislature. Last day for the Departments of Parks and Recreation and Fish and Game to make recommendations concerning establishment o resource protection zones to the Coastal Commission. June 30 Last day on which regional commissions may exist. September 1 Last day for the Legislature to approve of a Coastal Commission designated sensitive coastal resource area. 1980 January 1 Last day on which local coastal programs may be submitted to the Coastal Commission for review. First biannual update of the Coastal Commission designation of unacceptable coastal energy facility locations. January 2 First triannual report by the State Coastal Conservancy to the Governor and Legislature is due. July I Last day for Coastal Commission prepared local coastal programs, to be completed. December 1 Last day for Coastal Commission prepared local coastal programs to be certified. 1981 January 1 Coastal Commission may preempt certain local government jurisdictions in the coastal zone if required implementing devices are not in place. At least every five years after certification of a local coastal program, the Coastal Commission is required to review it. B. Management Coordination Inherent in the Coastal Act is the objective of maintaining a strong State/local interrelationship and to improve intrastate agency and program coordination. In addition, the California Coastal Manage- ment Program refines and integrates decision-making with Federal agencies, consistent with Federal requirements. C. State Program Administration The Coastal Commission bears the principal responsibility for the administration of coastal management in California. Its functions in this program element include: (1) A@@,,illiistratiop.. of local coastal program development grants. (2) Review and approval of local coastal programs (see below). (3) Coordination of local program development with other.State and Federal planning and operational prograins. (4) Facilitation of public involvement in coastal management program-refinement and application. (5) Administration of special contracts and interagency agreements for program implementation and refinement. (6) Review, coordination, and involvement of Federal agencies in implementing Section 307 of the CZM -(see below) . 86 (7) Assessment of management program effectiveness, and legislative liaison for management program refinement and conflict resolution. (8) Development of regulations, procedures,,and recommended legislative amendments to effectuate progrqm implementation. (9) Review of regulations developed to implement recent CZMA amendments and administration of regulations when officially promulgated. (10) Coordination with other coastal States including participation in and administration of interstate coastal organizations. (11) Facilitation of public involvement in coastal management through a program of public information disseminations and public awareness development. Administration of a program for'the intrastate allocation of funds available through the Coastal Energy Impact Program (CEIP) under Section 308 of the CZMA, including determination of the consistency with the California Coastal Management Program of CEIP supported planning, public facilities and services,-and environmental and recreational loss mitigation efforts. D.- State Regulatory Program The Coastal Commission continues to regulate development alongthe coast through its regional com- missions until local coastal programs are certified. After certification, issues of statewide significance will be appealable to the Coastal Commission, as would regional commission decisions-in the interim. Federally supported activities in this prograni element include: (1) State coastal agency appeals program. (2) Regional commission permit program. (3) Local goverment administration of local coastal programs after State certification. (4) Legal defense of coastal regulatory program. (5) Coordination of the State coastal regulatory program. (6) Enforcement of coastal management regulations and decisions, including inspection of cloastal.development and monitoring of coastal activities. E. State Program Refinement The State coastal program represents the general policy goals and objectives of California. These have to be refined for application to specific areas along the coast and to assist local go-vernments in the preparation of the local coastal programs. Activities in this program element include: (1) Subregional planning which would develop carrying capacity datato be used in program refinement and local coastal program development. (2) Collaborative planning which would coordinate the efforts of all affected interests whenever two or more jurisdictions would be involved.in the regulation of a single coastal area. (3) Special area planning which would focus on developing specific area plans and other detailed management program for areas of particular enviromental. concern. (4) General program refinement which would monitor regulatory and planning decisions to generate more specific guidelines for the application of the coastal management program to specific coastal areas. (5) Data collection, activity monitoring, and program analysis which would develop. necessary revisions to the management program over time. (6) Coastal water planning which would relate this ongoing management program activity to efforts by other agencies in the fields of fisheries management, navigation, marine recreation, OCS production, etc. (7) Special studies mandated by the Coastal Act or any subsequent amendments to the Coastal Act including, the,designation of sensitive resource areas, the determination of sites inappropriate for power plant siting, and the development of procedures for review of waste treatment facilities. 87 F. Local Coastal Program Development Local plans will be brought into conformity with the State management program over-a two-year period. In order to accomplish this,the following activities are necessary: (1) Local coastal program development to becarried out primarily by local jurisdictions: (2) Coastal Commission assistance in local coastal program development in the form of program inte@pretation, supplementary planning activities, and coordination with other planning. (3) Administration of local coastal program certification including regional commission approval, Coastal Commission approva '1, public involvement, etc. (4) Resource data collection to apply State management principles to specific location conditions. G. State Coordination Coordinating the management program.refinement, local coastal program development, and program implementation with the activities of other-State agencies involve the-following: (1) Facilitating the involvement of State agencies in providing technical and policy input into the development of local 'coastal programs. (2) Monitoring the activities of State agencies to determine their consistency with the State and local coastal management programs. (3) Utilizing the capacities of State agencies in providing information needed in the,coastal regulatory process. (4) Ensuring that the principles of sound coastal management are reflected in the planning and operational-activiiies of other.State agencies. (5) Coordinating the development of a unified State position on activities subject to the Federal consistency provisions in Section 307 of the CZYA. (6) Coordination of planning and projects eligible for funding under Section 308 of the CZMA with State supported planning and projects. H. Federal Coordination Coordinating the management program*refinem.ent and implementation with Federal agency decision- making involves the following activities: (1) Monitoring Federal-dgency activities and applications for Rderal agency approvals. (2) Administration of Coastal Commission Federal consistency procedures for the implementation of Section 307 of the CZMA. (3) Involving Federal agencies in the development of local coastal programs and the refinement of the State management program. (4) Reviewing and commenting on Federal activities or applications for Federal permits not subject to 307 requirements. (5) Coordination of other Federally supported planning activities with coastal planning. (6) Legal and technical research for a case-by-case application of Federal consistency provisions. (7) Coordination of planning and projects eligible for funding under Section 308 of the CZNA with other Federally supported and sponsored planning an4projects. 1. San Francisco Bay Management Program San Francisco Bay is a segment of the California Coastal Management Program administered separately by BCDC. Activities in this program element include: (1) Development of proposals for integrating the*management program for the Bay into the overall California Coastal Management Program. (2) Development of regional public access and recreation plans to provide more specific guidelines for the location and development of future shoreline public access and recreation areas. (3) Development of "special area plans" for specific shoreline and water areas within BCDC's jurisdiction. (4) Increased surveillance and enforcement capability to monitor compliances with the now numerous outstanding BCDC-permits and to prevent violations of the BCDC law. 88 J. Energy Planning and Energy Impact Management The Coastal Commission will continue its energy planning, which has most recently concentrated on planning for, the-impacts of petroleum exploration and development on the outer Continental Shelf (OCS), as discussed in Chapter 9. The 1976 amendments to the CZMA, which established the Coastal Energy Impact Program, California's activities in managing energy development and its impacts.will expand to include: (1) Collection and analysis of data to determine the location and size of OCS petroleum deposits. (2) Evaluation of plans for the exploration, devel9pment, and production of OCS lands to determine their consistency with the California Coastal,Management.Program. (3) Planning for the onshore impact of OCS development. (4) Coordination of CZMA funded energy studies with other energy projects. (5) Administration of energy impact planning funds available under Sections 308(b) and.308(b)(4)(b) of the CZMA and the planning for energy facilities impacting the coastal zone. (6) Assistance in the determination of public facilities and public services needed.as the result of coastal dependent energy activities that would be eligible for Federal financial support under Sections 308(d)(1) and (2) and 308 (b) (4) (b) of the CZMA.. I- (7) Assistance in the determination of unavoidable environmental and recreational losses resulting from coastal dependent energy development, and in the determination of appropriate actions to prevent, reduce, or ameliorate such losses eligible for Federal financial support under Sections 308(b)(4)(C) and 308(d)(3)(D) of the CZMN. 89 PART. I I I PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT The intent of the CZMA is to promote the wise use of the Nation's coasts. The CZMA encourages States to achieve this goal through better coordination,of-government actions, explicit recognition of long-term implications of development decisions,and the institution of a more rational decision-making process in concert*with the overall CZMA policies.. This process, which could affect much of the future activity in the coastal zone will"have a substantial environmental impact. Both beneficial and adverse environmental and socio-economic effects will result from Federal approval and State implementation of the California Coastal Management Program. The fundamental cri- terion for assessing these impacts should be the CZNA's declaration of policy "to achieve wise use of land and water resources of the coastal zone giving full consideration to ecologicaf, cultural, historic, and aesthetic values as well as to needs for economic development." Protection of the coastal zone may be viewed as beneficial to the environment and to the public welfare for many reasons, but it'also may have adverse socio-economic effects on property owners and would-be property owners whose plans are limited or curbed by the program. In an attempt to fully understand the impacts associated with Federal approval, it was determined there should be an exploration of the impacts which have resulted from the implementation of Proposi- tion 20 as well as what may happen under the California Coastal Management Program. However, the experience of the Coastal Commission and regional commissions under Proposition 20 is not necessarily guiding as to the impacts that may occur under the proposed California Coastal Management Program. This EIS is based on a comprehensive program which will be implemented over many years. . It is impossible to assess discrete impacts that may occur over time, but a few points can be made. There are safeguards built into the coastal management program system because both the CZMA and the Coastal Act require the intent of the National Environmental Policy Act (NEPA) be met. Resource inventories, designation of boundaries, permissible uses, areas of particular concern, areas to be preserved or restored, and consideration of alternatives are' all a part of the overall process associated with managing coastal resources in the State of California. Additionally, almost all major actions (i.e., urban exclusion, local coastal plan adoption, permits) associated with the California Coastal Manage- ment Program come under the scrutiny of either NEPA or the California Environmental Quality Act requirements. So, while actions will be studied for compliance on an individual basis, the overall purpose of this EIS is to determine if implementation of the California Coastal Management Program process can reasonably meet the objectives the State has set forth andIfurther the aims of the broader national CZMA and NEPA goals. A. Impacts Directly Resulting from Federal Approval Impacts associated with the Federal approval of the California Coastal Management Program fall into two categories: (1) impacts due to a direct increase of funds and funding options to the State and local governments, and (2) impacts from the implementation of the CZMA. Although the Coastal Act could be implemented as a State coastal management program separate from CZMA, Federal approval offers several advantages to the State and allows a more comprehensive program. 1. Program Funding Federal approval will permit the OCZM to award program administrative grants (Section 306) to California. This will allow increased employment of specialists such as planners, scientists, permit review and enforcement officials at both the State and local government levels. The effect will be to raise the professional level of resource management decision-making in the coastal zone. Section 306 grants will be used to help administer and enforce the State and local- implementation programs, and for continual improvement of those programs. Funds will allow more detailed'studies related to the human .and natural environments which will increase the quality of the information base from which coastal zone,management decisions will be made. An increase in the staff will speed the permit review and appeals system and provide better enforcement of the program regulations, and*thus help meet the CZMA objective of more coordinated governmental action. Under Section 306 of the CZMA, California would be eligible for funds approximating the order of $3 to $5 million annually to carry out the management program. 90 Under the provisions of Section 16 of the Coastal Act, 50 percent of the Federal funds available to the Coastal Commission would be used for the development andimplementation of local coastal pro- grams, to allow for the transfer of the primary coastal regulatory authorit form the State to local governments. The Office of Planning and Research has estimated that about N4 million would be required over three years to complete local,coastal program preparation. As local coastal program are certified, the regional commissions will be phased out and an increasing portion of Federal assis- .tance would be made available to local gDvernments to assist them in carrying out the regulatory func- tion of the State's'coastal management program. California has described the types of activities and functions California would like to carry out with Section 306 funds in Part II, Chapter 14. Section 308 Coastal Energy Impact Funds and Formula Grants could amunt to substantial financial .aid in ameliorating the impacts associated with offshore oil and gas production off California's coast. While Section -306 program approval is not a prerequisite for Section @08 funding eligibility, active program participation is. Additional familing for interstate coordination, beach and island preserva- tion, and access, research, and training will also be available. 2. Implementation of CZMA Federal Consisteng. Federal approval and State implementation of California's coastal management program will have implications for Federal agency actions. The Federal consistency requirements of the C2vA (Section 307(c)) require that Federal a@tivities including development projects directly affecting the coastal zone must be consistent to the maximum extent practicable with approved State programs. Federal agencies issuing licenses or permits for any activity affecting the coastal zone are constrained from doing so until the State determines that the proposed activityis consistent with its management program. Oufer Continental Shelf petroleum exploration, development, and production activities must likewise be certified for consistency with the,California Coastal @Ianagement Program before Federal permits or licenses can be issued. In addition, Federal agencies are restricted from providing assistance to State and local governments for projects which affect the coastal zone unless they are consistent with the coastal management program. The process for determining consistency and thelicenses and permits subject to review and certification are described in Part 11, Chapter 11. The overall purpose of Federal consistency is to provide for closer cooperation and coordination between Federal, State, and local gove@nment agencies involved in coastal zone related activities and management. 'This is considered to be a desirable impact, is one of the principal objectives of the, CZMA, and conforms with the NEPA's goal.of incorporating environmental values in Federal agency decision-making; Direct Federal actions can be important because of the extent of,Federal land ownership along the coast. Federally owned lands are excluded from 'the coastal zone, but Federal agencies are nevertheless required to insure any projects undertaken on,such lands directly affecting the coastal zone are con- sistent "to the maximum extent practicable" with the State management program. Defense installations, national forests and parks, petroleum exploration and development, superports, seabed, mini-fishery development, and mariculture are examples of Federal activities and projects which may affect the coastal zone. If appropriate Federal/State policy-accommodations can be reached, the Federal govern- ment will be of significant help in carrying out the State program through the operation of the "Federal consistency" provision. In cases where Feder-al licenses or permits are judged inconsistent with the management program and the State has objected to certification,-Federal agencies will have to deny permits unless the appealprocedures established by the MA are applied. The impacts associated with an override of such a State finding by the Secretary of Commerce could be significant but would depend on.an evaluation of each specific case, There are two -reasons the Secretary may rely on to justify an override of a State decision objecting to a proposed Federal license or permit, namely, (a) that the proposed action is consistent with the objectives of the CM, or (b) the proposed action is necessary in the interest of national-security. The Secretarial override does not detract from the central aut-hority of the State under the-CDAA. The provision is intended to protect against abuse of this authority as it relates to national security and the objectives of the CaM. The impact-of a Secretarial override would only apply to the issue of ,the State's determination of consistency fot,the purposes of the Federal license or permit. It cannot force a Federal agency to issue the permit. In other words, while the Secretary's override may affect a State's consistency response to a Federal license or permit, it does not force any additional course of action upon the State or the responsible Federal agency. 91 In the event the State seriously disagrees with a@Federal agency's determination regarding the consistency of that ag6ncy's activities, the parties may seek Secretarial intervention to assist in .resolving the disagreement. It is not expected that there will be many situations where Federal actions will be inconsistent with theapproved State program. The following statement from the Committee on Merchant Marine and Fisheries supports this prediction: "There may, however, arise, after the approval of the program, some circumstances. -not foreseen at the,time of its State program approval which may present a Federal agency with an obstacle or situation which as a practical matter may pre- vent complete adherence to the approved program. For that reason, the committee felt that some leeway should be written into the statute with respect to act_1v1_ ties of Federal agencies in connection with approved progranis..[Referying to the clause: 'to the maximum,extent practicable.'] It is not anticipated that there will be any considerable number of situations where as a practical.matter a Federal agency cannot conduct or support activities without deviating from approved State management programs." (House Report 92-1049) Federal approval of a State's program will also signify the State has an acceptable procedure to insure the adequate consideration of the national interest involved in the siting of facilities neces- sary to meet.requirements which are other than local in nature. Such facilities involve energy production and transmission; recreation; interstate transportation; production of food and fiber; preservation of life and property; national defense; historic, cultural, aesthetic, and conservation values; and mineral resources to the extent they are dependent on or relate to the,coastal zone. This policy requirement of the CZMA is intended,to assure -that national concerns over facility siting are expressed and dealt with in@the development-and implementation of State coastal management programs. 'The requirement should not be construed as compelling the States to propose a program which accommodates certain types of facilities, but to-assure that such national concerns are not arbitrarily excluded or unreasonably restricted in the management program. The provisions might have two impacts. First, it will prohibit a State from-arbitrarily or categorically prohibiting or excluding any use or activity dependent on the coastal zone. In the absence of a comprehensive program such considerations might simply be ignored by oversight or default. This requirement will insure they are specifically considered. On the other hand, the existence of a consultative procedure should lead to the more deliberate and less fragmented decision-making concern- ing a siting of facilities in the coastal zone. B. Impacts of Proposition 20 Implementation 1. General The California Coastal Zone Conservation Act of 1972 (Proposition 20) declared the following policy which was to guide the Coastal Conunission and regional commissions in preparing the Coastal Plan and their permit deci sions on coastal development while a permanent coastal program was being developed: "The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people and existing as a delicately balanced ecosystem; that the permanent pro- tection of the remaining natural and scenic resources of the coastal zone is a paramount concern to present and future residents of the state and nation; that in order to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to preserve the ecological balance of the coastal zone and prevent 'its further deterioration and destruction; that it is the policy of the State to preserve, protect, and, where possible, to restore the resources of the coastal zone for enjoyment of the current and.succeeding generations..." (Section 27001) Proposition 20 extablished an interim permit process designed to regulate "development" as defined in the Coastal Act. The permit process allowed the commissions to accept, condition, or deny permits based on the objectives of the Coastal Act.- An affirmative two-thirds vote of the total authorized membership of the Coastal Commission or regional commission if on appeal, was required for approval of the following activities: 92 "(a) Dredging, filling, or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon. (b) Any development which would reduce the size of any beach or other area usable for public recreation. (c) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches and the mean high tideline where there is'no beach. (d) Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast. (e) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential commercial and sport fisheries, or agricultural uses of land which are existing on the effective date of this division." (Section 27401) In addition, the regional commissions had to find that development would not have any substantial adverse environmental or ecological effect, and that development was consistent with the declarations above andwith the following objectives' "(a) The maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, but not limited to, its.amenities and aesthetic values. (b) The continued existence of optimum populations of all species of living organisms. (c) The orderly,"balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources. (d) Avoidance of irreversible and irretrievable commitments of coastal zone resources." (Section 27302) With some notable exceptions, the Coastal Act.objectives are similar to those of Proposition 20. In order to evaluate the impacts that may result as a consequence of Coastal Act implementation, a review of the previous experience of the Coastal Commission and regional commissions will be-helpful as a guide. This is not to say the impacts would,be the same. The Coastal Act policies are more specific,and,the social and economic needs of the people of the State are to be taken into account in order to assure orderly balanced utilization as well as conservation of coastal zone resources. The management program will rely mostly on local governments once the local coastal programs have been approved. The focus should be on the State policies, criteria, and regulations, since they@will be used to determine acceptability of local programs. 2. Results Pf Proposition 20 Implementation LILe- or of Others. Any evaluation of Proposition 20 must be subjective as well as objectlve?PYeview ot tHe articles published in newspapers, journals, and other documents shows the existence of a wide variety of views (see Attachment A). Some suggest the Proposition 20 process was costly to the economy of the State with very little beneficial results. They look to the beaches and see them still littered. Others disagree and feel the Coastal Commission and regional commissions have done a very good job during the Proposition 20 period. They point to successes in increased public access and provision of low-income housing in Santa Monica, Venice, and Redondo Beach. Proposition 20 has prevented some development in natural hazard areas and set higher standards for water and other environmental quality controls. Proposition 20 has minimized the development of prime agricultural lands until further studies could be conducted to determine the impacts associated with the loss of these lands. Because the results are not easily quantified, and may not show up immediately, it would be difficult to look only.at specific data to interpTet whether the implementation of Proposition 20 was successful or not. It is important toremember that the regulatory authorities of the Coastal Commission and regional commissions were designed.for an interim period "to ensure that development which occurs in the permit area during the study and planning period will be consistent with the objectives" of Proposition 20. The Coastal Commission and regional commissions did not have authority to allocate development in any positive way but had to react to development proposals. Their function was to preserve planning opt-ions and to maximize the obj&ctives of Proposition 20 through permits. Once local government agencies can guide development according to their general plans consistent with the Coastal Act, it can be assumed the impacts of program implementation will be more.definable. This holds true for State and Federal agency development proposals as well. 93 'In an effort to determine people's perception of how well the Coastal Commissions were performing !interviews- were conducted midway through the Proposition 20 period. (A summary of the interviews is provided to give the reader another perspective of public opinion, see Attachment B.) The Planning Proc ess. Proposition 20 required the Coastal Commission and regional commissions "to prepare, based upon such study reference to coastal zone and in full consultations with an affected governmental agency, private interests, and the general public, a comprehensive, coordinated, enforceable plan for the orderly, long-range conservation and management of the natufal resources of the coastal zone.." The Coastal-Plan was the product of that effort and subsequently, the Coastal Act was the final product of the legislative deliberations of the Coastal Plan. The institutional mechanism created by Proposition 20 permitted special purpose planning to occur in the process of developing the Coastal Plan, which sought a "balance" between conservation and development. One such effort of-the San Diego Coastal regional commission resulted in the adoption of guidelines for bluff-top developm6nt.1 Bluff-tops cover nearly two-thirds of the ocean shoreline in that.region. Residential development blocked both physical and visual access to the shoreline,caused erosion, which created hazards and modified the natural configuration of the bluff face. These guide- lines reconciled the needs for development and the need to preserve the natural values of the bluffs. Both the developers of bluff-top privateproperty and the general public-were able to benefit. With regard to future impacts'of the program, an appropriate institutioral setting will now be available to handle such problems during the local planning and program develmment iDeriod. The Statewide and regional perspective will be integrated into local coastal programis with the guidance provided by the Coastal Act and the,Coastal Commission and regional commissions.. After this integration has taken place, authority will once again rest with local governments. 3. The Permit Process There will 'be many differences between the Coastal Commission's regulatory activities under Proposition 20 and those under the Coastal Act which is based largely on the Coastal Plan. Proposition 20 required a permit process and the development of a comprehensive plan for the coast. The permit process involved the Coastal Commission and regional commissions in diverse issues, where decisions were based on a general interpretation of the Proposition 20 mandate, rather than the more specific and comprehensive policies of a plan for the coast-.' In areport presented to the Legislature by the legislative analyst, he stated: "The plan is not the same as Proposition 20. Its explicit extension into social. housing, energy, agricultural, esthetic and transportation policies associated with coastal conservation and development means that the experience under Proposition 20 of reviewing individual permits for projects cannot be assumed as a guide to the impact of the plan. The plan, for exanple, contains social and economic goals with respect to housing and the type of enployment available along the coast line. It is much more comprehensive than a series of individual project permits."2, However, the experience gained by the Coastal Commission through the permit process was very valuable in confronting these issues on a broader basis in their very important role in preparingthe Coastal Plan. During their four.years of existence, the regional commissions processed almost 25,000 permits. The figures reported through the regional commissions follow: North Coast (Del Norte, Humbolt, and Mendocino Count ies) ....................... 1,555 North Central Coast (Sonoma, Marin, and San Francisco Counties) ................... 850 Central Coast (San Mateo, Santa Cruz, and Monterey Counties) .................... 390SO South Central Coast (San Luis Obispo, Sarita Barbara, and Ventuia Co.) ........... 3,S00 South Coast (Los Angeles and Orange Counties) .................................. 11,700 San Diego Coast (San Diego County) .............................................. 4,170 Approximately 9.7 percent of the proposed projects received,permits. Many of those permits were conditioned by the regional commissions to help meet the objectives of Proposition 20. The Coastal Commission received an average of 305 appeals a year. Of 6S5 appeals processed by the Coastal @ommis- sion as of January 1, 1976, 22Z (34 percent) permits were granted, 122 (19 percent) were granted with conditions, and 311 (47 percent) were denied. The number of permits denied each year declined from 58 percent in 1973 to 39 percent in 1975 while the share of permits granted and those granted with conditions rose from 42 percent in 1973 to 61"percent in 1975. 94 The Coastal Commission's rate of permit denials was much higher than that of the regional commis- sions because of the following: (1) The Coastal Commission was confronted with a more serious and formal adversary process than any of the regional commissions; (2) the mass of routine actions that seemed to permit approval-were sifted out by the regional bodies and never reached the Coastal Commis- sion; (3) proposals that had been denied at the regional level came for review to the State level where the likelihood of denial in support of the prior action was very great; and (4) in cases approved in the regions, the appeals process brought to the Statelevel the most difficult and poten- tially intrusive developments proposed for the coastal zone.3 Several independent studies have been conducted on the activities of the Coastal Commission and regional commissions with respect to permit decisions. These studies will be incorporated into this EIS by reference. Since they are lengthy, only a summary of the findings will behade. References are provided at the end of this section. These studies were conducted on a sample survey basis and/or for a: specific geographic area and do not necessarily reflect an overall accurate assessment. Some of the findings of various studies on.the Proposition 20,permit experience include the following: @ The Coastal Commission usually upheld regional commission permit denials but.also denied perndts after a regional commission had granted them or put additional conditions on permits granted. Damage to the natural ecology of the coastal environment was a major issue in relatively few permit decisions. The record of the Coastal Commission and regional conuTdssions in protecting natural environments is quite good. @ Almost two-thirds of the applications were concerned with residential development. Others in descending order of magnitude, were commercial, public utilities, recreation, and industrial permits. 9 Delays and mitigation measures have been costly to some, particularly large-scale, multi-mit developers and utility companies. e The price of developed property and subdivided lots generally rose during the Proposition 20 period and usually fell in large tracts of vacant land. 9 Most of the permits were evenly distributed throughout the permit area. Recreation and industry were the two largest use categories for permits approved from the mean high tide seaward. Single- and multi-family residences accounted for over half of all permits within 50 yards shoreward of mean high tide. 9 The permit process brings a range of coastal problem into public discussion: Cumulative impacts, Consistency with existing development, Foreclosing planning options, Public access and recreation, Aesthetics and facility design, Transportation,. Geologic hazards, Water quality, Sewage/septic tanks, Habitat protection, Air quality, and Economic development and jobs. Attachment C ccntains a sample'list of conditioned permits and reasons for permit denials. The substance of manyof the permit cond itions flow from the language of Proposition 20. Others are derived from the Proposition's general injunction to the Coastal Commission for ''Preservation, protection, restoration, and enhancement" of the.coastal zone. The general intent of a conditioned permit is to enable development, while imposing on the development the values implicit or explicit in Proposition 20. Denied permits are meant to stop development, but many of the permits which are denied leave the message for the developer to return with a more suitable proposal. References on Proposition 20 include: Healy,.Robert G., "Saving California's Coast. The Coastal Zone Initiative and its Aftermath," Coastal Zone Management Journal, vol., no. 4, 1974, 36S-394. Rosentraub, Mark S. and Robert Warren, "Informatioh,Utilization and Self- Evaluation Capacities for Coastal Zone Management Agencies," Coastal Zone Ma.nagement Journal, vol. 2, no. 3, 1976, 193-222. Sabatier, Paul A., "Regulating Development Along the California Coast," Journal of Soil and Water Conserrvvation, July-August 1976, 146-151. Mogulof, Melvin B., "Saving the Coast-California's Experiment in Intergovernmental Land Use Control, "The Urban Institutf-, Lexington Books, Lex., Mass., 1975. 9S C. Impacts of the California Coastal Management Program This impact assessment is based on the asstmption that the California Coastal Management Program will achieve the objectives which have been identified in Part II, Chapter 3. The nature of the Federal action analyzed is,one of Federal support for a State program in which, the Nation benefits from the State's efforts to manage its coastal resources in a manner consistent with the national objectives of the CZMA. The California coastal management effort began prior to the passage of the CZMA and will con- tinue even if Federal approval is not received. However, Federal funding support and the Federal consistency provisions of the CZN1A will materially aid the implementation and administration of the program, as discussed previously. Additionally, some of the requirements of the CDIA have affected the overall development of the Caliiornia Coastal %nagement Program-as the State has attempted to qualify for Federal financial assistance. One example isthe incorporation of "national interest statement" into the California Coastal Management Program (see Part II., Chapter 11). Because of its comprehensive nature, coastal management must address public needs as well as natural resources and economic cons-iderations. The California Coastal Management Program policies in- clude public access needs, -recreation requirements, and development interests as well as the marine environment and land resources. The major purpose of the program is to meet the human needs of present and future generations in a manner that protects, enhances, and restores environmental quality and irreplaceable coastal resources. During the development of the California Coastal Management Program the impacts of the proposed program were examined. In the development of each of the Coastal Plan elements, the impacts and implications of certain policies and processes were assessed by all affected interests. In addition to participating in the Coastal Commission's planning process, newspapers, banks, industry groups,- and environmentalists all expressed their opinions on certain issues by publishing articles. Special natural resource management studies were conducted in areas like Bodega Harbor. Planning and impact assessments were conducted in places like Half Moon Bay and Marina Del Ray. Numerous other studies and local pilot programs were undertaken to determine both the feasibility of,local goverment implementation of the management program and the impacts of this action. Reports were also prepared by the legislative analyst of the State of California as directed by Senate Resolution 41 '(1975-76 Session), to determine generally the "costs, economic effects, and benefits" of the Coastal Plan. Since many of the policies of the Coastal Act are based on the recommendations of the Coastal Plan (see Attachment D for the -relationship between Coastal Plan and policies of the Coastal Act), these studies will be useful in helping to assess the general impact of the California Coastal Management Program. In order to fully understand the impacts of this program, it is important to have an understanding of the environment in which-it is going to be,implemented. Perhaps no study can do justice to the extensive, outstanding resources and social-enVironment to be found within the 1,072 miles of coast- line in California. The coastal zone is a tremendously varied place containing, for example, major population centers and small coastal villages, ports-and industrial areas, agriculture arid timber lands, nuclear power plants and oil refineries, and a wide range of recreational opportunities. In addition, diversity can be found in the landf6rms and physical processes that characterize the California coast. The best source of information which not only describes the coastal enviroment-but the problems associated with this area and on which policy development was based, is in the Coastal Plan. The "Findings" in Part Il are extremely informative (pages 26-176) and the "Regional Summaries" in Part IV (pages 200-273) describe the regional and subregional enviroments in a detailed fashion. @While the coastal zone boundary has changed from the recommendations made in the Coastal Plan, the information is still very relevant for describing the environment, Section 30200 of the Coastal Act lays the foundation for interpreting what the overall impacts of the program should be. "Consistent with the basic goals set forth in Section 30001.5, and except as may be otherwise specifically provided in this division, the policies of this chapter shall constitute the standards by which the adequacy of local coastal programs, as provided in Chapter 6 (commencing with Sect@ion 30500), the permissibility of proposed develop- ments subject to the provisions of this division are determined. All public agencies carrying out or supporting activities outside the coastal zone that could have a direct impact on resources within the coastal zone shall consider the effect of such actions on coastal zone resources in order to assure that these policies are achieved." 96 The basic goals referred to in Section 30001.5 are: "(a) Protect,' maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and maninade resources. (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. (c) Ntximize public access to and along the coast and maximize public -recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal-dependent development over other development on the coast. (e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.11 The full implementation of the policies as they are used to meet the goals will not necessarily avoid past conflicts which have occurred over the use of coastal resources. The Legislature recognized that: "conf 1 *cts may occur between one or more Policies of the division. The Legislature therefore declares that in carrying out the provisions of this division, such conflicts be resolved in a manner which on balance is the,most protective of sig- nificant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urbanand employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies.". (Sec. 30007.5) Priority is therefore given to the protection of "significant coastal resources" as defined by the Coastal Act, subsequent interpretation by the Coastal Conwdssion and local governments through their local coastal programs, and by the public through the review and appeals process. 1. Socio-Economic Impacts, Based on a study of the potential impacts of coastal management programs conducted by the Real Estate Research Corporation,4 benefits of coastal management will accrue to people living and working within the coastal zone area as well as to people throughout the State and Nation. These benefits will be of various kinds and will occur in different ways and degrees. The following major categories of beneficiaries can beidentified: owners of property directly affected by implementation decisions, neighboring property owners, owners of businesses whose productivity or market attractiveness would be enhanced by the California Coastal Management Program policies, government at all levels, and the general public. This study also concludes that benefits of coastal zone management will be the positive changes which occur in the nature, scale, distribution, and pace of elements such as the following: production (including manufacturing, agriculture, mining, fishing), utility services and costs, business sales, employment opportunities, population and the labor force, housing demand and supply, construction, financing and investment, property values, government costs and revenv?s, educational and recreational opportunities, and aesthetics. Planning' and managing the coastal zones of the United States consists of the use of foresight in cooperatively determining how to both preserve valuable natural resources and accomodate the needs of an expanding population and economy. To achieve this balance involves trade offs which include some short-run positive and negative effects. Long-run benefits from enhanced productivity of renewable resources -- fisheries, agriculture, forests -- would also be realized. Potential economic benefits of the coastal zone policies have the following attributes: o They can be "one time only" or. "-recurring," o They can cause net increases in economic activity or merely shift benefits among individuals or groups, o Costs may be incurred in their attainment -- such as, expenditures for shore- line restoration or pollution control, and o Secondary "spin-off" effects may be felt -- both positive and negative, depending on the nature of the policies and the economic activities affected. 97 The following list of benefits of coastal zone planning and management'is similar to the benefits of most State and.local planning activities: o Reduced cost of new development, o Reduced cost of transportation, Better preservation of natural environment, � 'Better preservation of existing buildings, � Less pollution, Less congestion, � Higher quality development, � Better utilization of suak investments, Better fit of supply and demand, o Greater awareness.of needs and opportunities, Less uncertainty regarding future potentials, and Improved possibilities for effective aictions based on understanding and consensus regarding goals. Potential economic benefits can include increased productivity, higher sales, more jobs, greater demand for facilities and services, increased property values, lower taxes, reduced or stabilized con- sumer prices, and heightened satisfaction with one's physical environment. Prudent coastal zone plan- ning, therefore, results in a balance between conservation of irreplaceable natural resources and the needs -- job creation, housing, recreation, and shopping -- of an expanding economy. While some coastal zone actions result in net gains or net losses for the local economy, in most instances the short-term effects of the program cause,a redistribution of assets. Some lost expectations will undoubtedly be encountered, but gains elsewhere should offset these losses. In those cases where regulations would actually result in a legally-determined taking, the regulations would be declared void or compensation paid. Reduced property taxes could help offset severe losses. Planning stabilizes erratic "swings" in expectations because it results in less uncertainty in future prospects of land investment. While there may be short-term lags as the economy adjusts to changes induced by the California Coastal Management Program, long-run benefits are likely to balance or exceed costs. For example, some industrial plants may not be built in the coastal zone, in part because environmental protection regulations may make them too costly. They would yield an inadequate rate of return on equity when compared to alternative opportunities. However, that same development proposal may be equally unattractive outside the coastal zone. moreover, lower financing costs or improved marketing outlook could result in a decision to ultimately go'ahead with a deferred project despite the costs of complying with coastal zone regula- tion. These same regulations will result in heightened opportunities in coastal dependent economic activities--tourism, recreation, agriculture, fisheries, and forestry. a. Property values Assessed valuation of land along the coast has continued to increase at a rate well above that of the inland portions of coastal counties. From.1970 to.1974, local tax bases for coastal communities increased 40 percent while inland areas grew by 26 percent. Table A sunnarizes these trends on a county basis. -The Real Estate Research Corporation report states the following with respect to property values: The key determinants of land values include: �Natural site characteristics and environment, �man-made site characteristics and environment, �Community image , �Demand for particular land uses, Access, Utilities, public facilities and services, �Taxes, and �Land use and developmentregulations. 98 TABLE A ASSESSED VALUAT10N OF LAND IN THE COASTAL ZONE COUNTY PLANNING AREA IN THE COASTAL COUNTIES BALANCE OF THE C (1970T (1974) (1970) Del Norte 29,600,000 76,600,000 158.8.1 10,836,000 Humboldt 183,200,000 296,000,000 61.6 80,800,000 Mendocino 3S,100,000 55,800,000 59.0 119,376,000 Sonoma 8,000,000 12,600,000 57.5 S18,993,000 Marin 45,100,000 69,000,000 S3.0 481,893,000 San Francisco 836,000,000 9S2,000,000 13.9 1,465,660,000 San Mateo 551,000,000 795,000,000 44.3 li352,798,000 Santa Cruz 307,000,000 462,000,000 50.5 37,116,000 Monterey 363,000,000 528,000,000 45.S 308,066,000 San Luis Obispo 102,000,000 153,000,000 50.0 199,149,000 Santa Barbara 438,000,000 S30,000,000 21.0 261,543,000 Ventura 45 1,000,000 625,000,000 38.6 676,760,000 Los Angeles .4,909,000,000 6,053,000,000 23.3 14,737,1577,000 Orange 1,617,000,0100 2,693,000,000 66.5 2092,997,000 San Diego 1,940,000,000 3,2SI,000,000 61.6 1,093,551,000 TOTAL COASTAL COUNTIES $11,815,000,000 $16,5S2,600,000 +40.1 $23,945,197,000 $3 Source: Security Pacific Bank, R6search Department In general, about SS percent of land value is attributable to government action, with the balance resulting from the actions of the property owner, his or her neighbors, and the general public. Governments influence land values through use or design regulations, improving access, pmviding public facilities and services, preserving favorable "images," and through its tax rates and policies. Table B shows the different types of government action that impact property values,.and their relative im- E ortance in determining the overall net effect of coastal zone regulations on land value. Restricting and use options will lower land values of subject properties, but will also transfer any unsatisfied demand to other competitive sites not subject to use restrictions. Regulations rea 'uiring mitigation of adverse environmental impacts result in higher development costs but also -result in more attractive, desirable sites. Improved access and public facility provision generally impact positively on land values; however, access improvements can have such negative effects as increased noise and air pollu- @tion, or reduced privacy. TABLE B IMPACT OF GOVERNMENT ACTION ON PROPERTY VALUES impact on Values of Relative Importance of Impact on Values of Neighboring or Net Effect on Specific Actions in Type of Action Sub6ect Property Competitive Properties Property Values Determining Impacts Restrictions on land use Value declines Value rises Redistributional Very important Developer required to make Value declines Value rises Slightly negative Unimportant compared to improvements or pay fees other public actions Resource amenities protected Value rises Value rises Slightly positive to very Very important or restored by government positive action Shore access by the public Value declines Value rises Slightly negative Less important than use maximized and protected restrictions or amenity protection Concentrating development If still undeveloped, value Value rises Positive Very important in existing communities declines; if already im- proved, value rises Providing infrastructure, Value rises Values tinchanged Positive Important public facilities, and services Tax reduction or deferral Value rises Values unchanged Slightly positive Less important than use for regulated, restricted, restrictions or amenity or encouraged uses of protection coastal properties. Source: Real Estate Research Corporation. The California Coastal Management Program will be implemented through goverment action resulting in a loss in development potential (and hence lower profit expectations) for some sites presently unserviced rural lands, prime agricultural and wooded acreage, areas with development hazards, and parcels with scenic, historic, or ecological significance. Recreation and other water dependent uses will be given priority over urban development along the waterfront. If a market for more intense use exists, the affected parcel will lose value. In a normal market, the demand for more intense use will.be transferred elsewhere; this is encourage by program policies fostering more compact development in already built-up communities. These cities and villages.contain numerous sites pre- viously "passed over" as development spread. The overall net effect of the program on land values will ultimately be positive because of better management, improved amenity protection, and reduced un- certainty about future governmental policies., When local governments revise their present general plans to reflect the policies of the Coastal Act, thezoning ordinances, maps, and other implementing actions must be consistent with the program or the local coastal element. This may require down-zoning in some instances which will cause a reduction in land values, affecting the assessed valuation and resulting in a decline in the tax base. The extent of the impact in each county and citywill have to be weighed against increases in allowable development in other areas. This will be determined on an individual basis either through the local coastal program development process or the environmental impact report that is required with the sub- mission of the local coastal program to the Coastal Commissimi- (see Appendix 7, Draft, Local Coastal Program Manual, Chapter II, Part E). 100 b. Property Rights T Ihe individual right of a property owner is one of the most sensitive issues with respect to the management of resources, whether the management is accomplished through coastal zone programs, State land us6 plans, or local government regulation of development. -Concern has been expressed about property regulation during the Proposition 20 experience, and this concern will undoubtedly continue in the future. It has been'said while people hesitated to take local action over property right disputes under the temporary Proposition 20 period, this type of litigation in the future will increase in that the Coastal Act is permanent. The State's position on this issue is contained in Part II, Chapter 12. The Coastal Act prohibits the taking or damaging of private property unless there is payment or just compensation. The State under the California Coastal @Ianagement Program will be better able to protect private property rights than was the case under Proposition 20. The Coastal Act requires that decisions affectingthe use or conservation of coastal resour 'ces also take into account the social and economic needs of the people. Although the latter considerations were not clearly mandated by Proposition 20 they were considered by the Coastal Commission and incorporated into the Coastal Plan. In addition, the State is now in a better position to acquire land to meet the purposes of the policies of the Coastal Act through the Coastal Conservancy Act and the Nejedly-Hart State, Urban, and Coastal Park Bond Act of 1976. c. Economic Development The most comprehensive attempt to assess the economic impact of the Coastal Plan was completed by the Office of the Legislative Analyst in April, 1976. The report, Review of the California Coastal Plan, looked at both the direct fiscal impacts of the Coastal Plan on the State budget (e.g., cost oT_ acFi-nistering the permit process and additional coastal planning) and at the expected impact on residential and commercia'l development. The conclusions were expressed in general terms and no effort to quantify future impacts was attempted. The failure to produce a specific dollar estimate resulted from the fact that the benefits of coastal management, which the report calls "significant," cannot be responsibly or meaningfully quantified. Robert F. Rooney, a noted resource economist, concludes his article, "An Economic View of Coastal Plan," (Cry Californi,@, Spring 1976) with the following statement: "When it s quantifiable and qualitative implications are considered, it is plain that the plan will contribute greatly to the future strength of California's economy, protect both the living and nonliving resources of the coastal zone from unwise exploitation, and help significantly to improve the quality of life for all citizens of the state." The management program's impact on employment and other-business investments will vary for major industry sectors. Investment and employment potential in agriculture, fisheries, tourism, and commerical recreation facilities will be enhanced through incentives and regulatory policies. The long-range viability and security of these industries in the coastal area will be protected and encouraged, but the costs of doing business in the coastal zone may go up for some industries which must purchase more expensive sites and allow for public access and environmental protection standards. This added investment stimulates other businesses, but it might also make certain business development or expansion programs financially questionable. Some industries may therefore choose not to locate in the coastal zone as a result of higher costs, but others will be drawn there because of the attractiveness of the physical setting. Coastal dependent industries will benefit as perhaps they have not done.before from the priority siting they are,given under the Coastal Act. The trend in many areas has been for high-rise buildings to displace smaller coastal dependent industries, such as fisheries, or to have development occur on sites which may later be needed by facilities that depend on shoreline access. Table C'sumarizes various types of economic development impacts likely to occur-for different sectors. Although California consumers may have to bear slightly higher costs for goods and services because of higher land@ costs (due to reduced availability of development sites) and greater production costs (because of regulations requiring greater on-site amenities and environmental protection devices) they will.eventually benefit from stabilized productivity for agricultural produce and seafood. TABLE C POTENTIAL ECONOMIC DEVELOPMENT EFFECTS OF SELECTED COASTAL ACT POLICY ACTIONS Potential Economic Effects Primary Coastal Primary Affected Employment Other Business Plan Policies Sectors of the Econom (non- construction) Construction Activity Investment/ Profitability Relate land use deci- Transportation; housing Slightly negative Negative in areas with Negative inareas with sions to transportation and urban development; "em congestion system congesTion capacity (30250, commercial and indus- 30254) trial development Develop alternatives Transportation Nominal Positive, if decision is Nominal to excessive use of made to expand non- coast2l road. (30252) coastal roads Establish priority of Transportation; housing Nominal Negative Unclear - may have transit over roads and urban development difficulty in receiving (30252) and shipping goods C3 Develop no new gen- Transportation; com- Nominal net effect Negative Nominal eral Ports; maximize merce and industTy use of existing ports (30701(b)) Establish sit ing. and Recreation and tourism; Probably nominal net Slightly positive, given Positive, given more de.sign criteria for commercial fishing; effect; negative only more costly design re- investment in safety power plants, petroleurn commercial and indus- if regulations force quirem entsa negative if equipment; negative if development, refineries, trial development; plants to locate out- plants must go outside plants must go outside tanker terminals, LNG energy development side the coastal zone the zone the zone or if profit- facilities, and other altogether ability is severely industrial uses (30251, reduced 30250, 30264, 30413, 30262, 30263, 30261(a) and (b)) TABLE C POTENTIAL ECONOMIC DEVELOPMENT EFFECTS OF SELECTED COASTAL ACT POLICY ACTIONS (continued) Primary Coastal Primary Affected Employment Potential Econornic Effects Other Business Plan Policies Sectors of the Econom (non-construction) Construction Activity Investm ent/ Prof itability Provide a variety of Recreation; housing Positive Positive Positive recreation opportuni- and urban development ties near metropolitan areas (30212 . 5) Require new residen-w Housing and urban Nominal Positive Increases investment; .tial development to development; recreation may reduce profitability provide on-site recreation (30252(b)) Positive Positive (investment in U4 Foster recreational Recreation and Slightly positive boating; improve tourism boats, equipment, etc.) access to marinas (30224, 30210, 30212) rime Iagr.i- .Agriculture; bousi@g Slightly negative in Negative Positive re: agricultural Maintain p productivity C.Ulture through stabili- and urban development that agriculture may zation of urban/rural be less labor inten- boundaries, zoning, sive than urban uses easements, public acquisition, limitations or subdivision (30241, 30242, 30250(a)) Prohibit mining in Mining; recreation Negative Nominal Negative fragile, valuable or and tourism highly scenic natural environments (30233 (a) (b) (30240(a)) TABLE C POTENTIAL ECONOMIC DEVELOP14ENT EFFECTS OF SELECTED COASTAL ACT POLICY ACTIONS (continued) Primary C astal Pri Employment Potential Economic Effects Other Bus iness Plan Pol? Se mary Affected Icies _ctors of the Econorn (non- construction) Construction Activity Investment/ Profitability Restrict thermal dis- Commercial and indus- Nominal Nominal Increased investment charges and other trial development; in pollution controls; f forms of water pollu- energy development, tion reduced profitability. (Sec. 15, recreation and tourism More productive marine 30263(4)) industries Give commercial rec- Recreation and Positive or negative, PosiItive or negative, Positive or negative, reation uses priority tourism; housing and depending on, Whether depending on whether depending on whether t over other private urban development other potential uses other potential uses other potential uses t development (30222, would be more labor would entail larger are more profitable 30220, 30224) intensive construction outlay than recreation Protect the visual Recreation and Nominal Slightly positive Increased inve'stment quality of natural, tourism in site design, plan- historic, or open areas, and the coastal view- ning, and main- shed (30251) tenance; development may be less profitable Encourage lower cost Recreation and Positive, but not to Positive, but not to Positive, but not as tourist facilities over tourism the same PXtent as the same extent as profitable as more exclusively expensive more luxurious de- more luxurious de- luxurious development. facilities (30213) veloprn ent velopment Tax and other incen- tives a positive induce- ment. Evaluate public recrea- Recreation and Positive or negative, Positive or negative, Positive or negative, tion potential and future tourism; housing and depending on whether depending on whether depending on whether demand before per- - urban development other potential uses other potential uses other potential uses t mitting other uses of would be more labor would entail larger are more profitable oceanfront land (30221, intensive construction outlay 3022.0) than recreation TABLE C POTENTIAL ECONOMIC DEVELOPMENT EFFECTS OF SELECTED COASTAL'ACT POLICY ACTIONS Primary Coastal Primary Affected Employment Potential Economic Effects Other Business Plan Policies Sectors of the Econom (non- construction) Construction Activity Investm ent/ Prof itabil ity Designate use of re- Agriculture; housing Depends on use Depends on use Depends on use maining agricultural and urban development designated - probably designated - probably designated - probably parcels within highly positive positive positive developed areas (30241) Restrict conversion of Forestry; housing and Depends on labor in- Negative Positive re: timber product ive timberlands urban development tensity of alternate productivity (30243), use Protect scenic quali- Recreation and Nominal Nominal Slightly negative due ties of timberland tou,rism; forestry to higher operating (30243) costs for lumber industry Protect water quality Forestry; recreation Nominal Nominal Slightly negative - from adverse effects and tourism higher operating costs of logging (30243) Allow for conversion Agriculture; forestry; Positive Positive Positive of non-prime agricul- housing and urban C=> tur-e and forest sites development V1 %%-here continued use is infeasible or to promote conservation of more productive sites(30242) Upgrade cornmercial Commercial fishing Positive Slightly positive Positive fishing facilities (30233, 30234) fishing P Maintain healthy Commercial ositive Nominal Positive populations of marine organisms (30231) Upgrade marine, Recreation and Slightly positive Nominal Slightly positive estuary, and wetland tourism; commercial environments (30230) fishing Regulate diking, fill - Recreation and Nominal Slightly negative Nominal ing and dredging in tourism, commercial other coastal waters fishing '(30233, 30607.1, 30233(b)) TABLE C POTENTIAL ECONOMIC DEVELOPMENT EFFECTS OF SELECTED COASTAL ACT POLICY ACTIONS (continued) Potential Economic Effects' Priniary Colst al Primary Affected Employment Other Business P!.In po!icies Sectors of tbe Ecz)nom .. Lrijo @_construct ion) Const-uction Activity Investment/ Profitability Concentrate develop- Housing and urban Employment oppor- Less activity in Somewhat reduced op- inent in already built- development; transpor- tunities would be presently rural areas portunities for firms up areas; iegifl-4te . titi0n; 3gTiCUlture; transferred to other. will be offset by ' supplying materials for expansion of utilities energy developyrient; loc3tiolls in the roastal greater opportunities or designing infra- iind rransportation; set cominercial and indus- zone in already built-up structure extensions; criteria for subdivision trial devel,-?pnient areas increased opportunities of rural land (30250, for others 30242, 30254) Establish priority of Recreation and Depends on labor in- Probably slightly nega- Will increase invest- coastal dependent de- tourism; housing and tensity of alternate tive, as coastal7depen- ment, although perhaps velopment over cother urban development; uses - could be positive dent uses will not not.as intense or profit- C:) uses (30255). commercial and in- or negative require as much con- able as non-coastal CYN dustria! development; struction as other uses dependent uses commercial fishing Protect and enhance Housirg and urbin Slightly positive Slight)), positive Positive special coastal C0171- development munittes (30253(5)) Prohibit or restrict de- llous;ng and Urb:in Nominal net effect; jobs Nominal net effect; Nominal net effect v,@lopment in hazardoits development; curnmer- would be created else- housing demand would. areas (gcc@logic and cial and industrial where be accommodated .flooding) (30253(l) development elsewhere and (2)) Allow mining elsewhere Mining Slightly negative Nominal Positive -- investment in the coast only if . there is no long-term in buffers and site adverse effects or restoration coastal resources Protect mineral reserves Mining; housing and Positive Negative Positive from urban encroach- urban development men, (302530) and (4)) TABLE C POTENTIAL ECONOMIC DEVELOPMENT EFFECTS OF SELECTED COASTAL ACT POLICY ACTIONS (continued) Potential Economic Effects Primary Coastal Primary Affected Employ-m-ent Other Business Plan Policies Sectors of the Economy --ttion construction) Construction Activity, Investment/ Pr6fitability Regulate signs to Commerce and Nom inal Nominal Reduced opportunities encourage vnual industry quality of tile co@ist in the sign industry, (30251) perhaps offset by other fornis of advertising Require sufficient on- Housing and urban Nominal Positive Inc)reases inVest-in .ent; site pariiing development; com- (30252(4)) mercial and industrial mAy reduce profitabili dev@lopment Limit substantial al- RerTeatiOn ani Nominal net effect Slightly negative Slightly negative terations of the shore tourism for recreation pur- CD _j poses (30235, 30255) Source: Real Estate Research Corporation, "Business Prospects.Under Co A Report Prepared For The Office of Coastal Zone Management. March 197 Note: This Chart was originally Exhibit 3 of the reference Report. It to reflect the Coastal Act where once the Coastal Plan Policies were an ,policies of the Coastal Plan which were,not included in the Coastal Act Note: Numbers in parenthesis refer to policies listed in the Californi 1) Construction and Manufacturing Industries The construction-industry will suffer from reduced private sector opportunities and in lessened public facility development in some areas along the shoreline. Coastal controls will not be the exclu- sive cause for a sl7owdown in development but will certainly be the major contributor within specific geographic resource areas. The industry will gain from public investment in housing rehabilitation, provision for on-site recreation, higher quality design and amenity requirements, and more intense use of urban parcels. 'The "ups" and "downs" in the construction industry, however, cannot be totally attributed to coastal zone management since it is only one element in market forces. Manufacturing is a major source of income for wage and salary workers in both the State and California's coastal area. Manufacturing accounted for more than one of every four dollars paid in wages in the coastal counties in 1972, a total of $11.3 billion, and the total personal income in the coastal counties from manufacturing in the same year amounted to $13.1 billion. Los Angeles is the State's leading manufacturing county arid the center for California's major industrial complex. The lar- gest infusion of new capital expenditure for permanent additions, major alterations, and new machinery and equipment occurred in Los Angeles county, outstrippingnot only the other coastal counties but the 43 inland counties, as well. The Southern Coast Region, including Los Angeles and Orange counties has the most industrial activity, followed by San Diego county and then the Central Coast Region. There are several policies which may impact the manufacturing industries and subsequently employ- ment as well. The implementation of the program over the next several years could mean that some new manufacturing industries that are not coastal-dependent facilities must be sited further inland and not .near the more accessib-le waterfront areas. This could increase the costs of transportation for those industries whereas before they were in a more coiTpetitive market for those waterfront sites. Addition- ally, there have been concerns raised over whether or not the policies are so stringent that there will be difficulties in the location o -f energy facilities and that there will be continued energy supply customers. Experience has shown that where shortages occur, there are usually layoffs and the whole socio-economic environment is affected. While it is never easy to site large-scale energy facilities anywhere anymore,, the process and policies described in the coastal management program do not envisage a moratorium on the siting of facilities although they will be precluded from specific sites in accordance with 30413(b).. 2) Commercial Fishing and Recreational Boating The California Coastal Management Program will protect and enhance the California commercial fishing industry and encourages recreational boating. The commercial fisheries have received high priority use designation under the Coastal Act which ensures that the landsidesupport facilities in harbor areas will not be lost to non-water-dependent land uses. The estuaries and offshore water of the coastal zone produce about 850 million pounds of fish with a catch valued at approximately $170 million. Not only does the program support the commercial,fisheriesby protecting their harbor facilities, but it also protects the waters and habitat necessary to support the fisheries. The continued discharge of wastes into coastal waters and the alteration of estuaries and wetlands, which the program seeks to prevent, would mean a significant loss of jobs and income for the State. The recreational boating industry and part 'akers of this water sport will also benefit from the Coastal Act policies even though their location is not to interfere with the needs of the commercial fishing industry. The policy on recreational boating (30223).encourages a number-of methods which can be used to increase recreational bacting use. Because of the increased demand in this activity, it is expected that there will be increased demands in new marinas and support facilities. The program.en- courages the maximization of use of existing facilities with as little adverse environmental impacts as ble, and where feasible, the development of new facilities will restore some of the wetlands which i@asvsei previously been degraded. These policies are not expected to adversely affect the economic interests of the boating industry although it can be assumed that there will be added costs to marina developers and ultimately the marina user.. 3) Tourism/Recreation The California Coastal Management Program seeks to protect tourism. California attracts millions of visitors each year who frequent the State's public and commercial recreational facilities. As in- agriculture and ocean fishing, thousands of jobs and millions of dollars in income owe their existence to the protection of coastal resources which is one of the major reasons for*California's policies on recreation to make sure that California remains a drawing card to vacationers. The southern California Visitor Council estimated that nearly 8.S million out-of-state U. S. visitors to the 10 county southern California area spent almost $2 billion in that region in 1973. The direct beneficiaries of these tour- ist dollars are establishments engaged in the sale of food and beverages, hotels, and motels (which provide between S,000 and 8,000 direct full-time jobs), theaters, sports and other recreational business, automobile services, professional and personal services, and clothing. In addition, the U. S. Depart- ment of Commerce estimates that 7.2 percent of domestic tourist spending ends-up in taxes (Federal, State, and local). 108 A recent national study showed that sport fishing in California's marine waters annually produce $114 million in gross expenditures and $10 million in wages. The State's public recreation facilities are heavily used by tourist and resident alike. For instance, during the 1973 to 1974 fiscal year, the parks and recreational facilities owned and operated by the State in the 15 coastal counties were visited by over 32 million people, amounting to 74 percent of the visitor attendance at all State owned and oper- ated facilities. Coastal Act policies like 30222 and 30223 will continue to encourage the further development of recreation and tourism in the coastal zone to perhaps the disadvantage of private, residential, general indust-rial,'and general commercial development. The policies on shoreline access, recreation and visitor-serving facilities protect the rights, of the public to enjoy access to the coastal environment now and in the future and increases the opportuni- ties for recreation which-has been identified as an important social goal in California. Increased access and recreation may be especially important during drought years when the traditional inland'recre- ation bodies of water are not accessible for use. It is expected thdt many inland recreationists will seek the waters of the coastal zone during these times. Although numerous attempts have been made, it is difficult to quantify the quality experience of a day at the beach or a look at a resource like the Big Sur coastline. Potential adverse impacts will include increased I main-tenance and public service costs, and negative impacts on private property holders who prefer exclusive use. There will be additional costs to developers ior conveyance of access rights, more parking lots, signs, and tempo- .rary construction activities to provide access trails, corridors, etc. New developments, oceanfront sub- divisions and subdivisions involving waterways, tidal lands, lakes, or reservoirs in the coastal zone will be affected. The policies may be potentially growth inducing causing impacts on surrounding communities along with numerous other secondary impacts. There will-be heavier use impacts on natural resources especially from the line of vegetation to the coastal waters, and, in some cases, the coastal waters and marine organisms even though other policies are provided to mitigate against these environ- mental impacts. 4) Agriculture A combination of rich soils and the mild climate along the coast result in high productivity for agriculture. The moderating marine environment extends the effective growing season, provides timing and yield-advantages for national market!;, and reduces the danger of large-scale crop losses from freezing. Many crops, including artichokes, avocados, and brussels sprouts, can grow well only in the coastal environment, being dependent on the warm winter temperatures and cool, foggy spring and summer weather that characterizes many coastal locations. Numerous other fruits and vegetables thrive in the special climate and soils that the coast provides. In some areas crops can be harvested several times during the yeaT instead of just once, and the advantage of a coastal location is seen in higher yields pet acre, or in higher quality fruit and vegetables. Another important benefit derived_from a coastal location is the yield during off-seasons, often supplying national markets when other agricultural areas cannot (e.g. summer lettuce). The coastal zone produces 98 to 100 percent of all California's artichokes, broccoli, brussels sprouts, celery, and avocados. In addition, well over half of all lima beans, cabbage, cauliflower, cucumbers, lettuce, green onions, spinach, apples, lemons, and strawberries are supplied from coastal counties. Coastal crops of snap beans, cucumbers, tomatoes, and grapefruit yield twice to three times the value per acre of these crops grown inland. Even for grazing lands, which are less intensive agricultural uses than irrigated cropldrids, the advantage of a coastal climate can be considerable. Grazing lands in 10 of the 15 coastal counties support at least twice, and in some cases, five times as many animals per acre as the statewide average. While the amount of agricultural lands in the coastal zone is not as great underi the Coastal Act as what was recomm 'ended in the Coastal Plan, there nevertheless remains important agricultural land to be protected under the California'Coastal Management Program. A recent study by the Urban Land Institute notes that in California 3.5 million acres of agricultural land are located in the coastal counties, producing 3SO,000 jobs within five miles of the coast and an annual harvest valued at $500 million. Every two years, an area the size of San Francisco is converted from agricultural use to development--a trend that reduces employment in the farming industry and cuts the value of the yearly harvest by several million dollars. Crver the past 29 years more than 862,000 acres of land in the fifteen coastal counties, most of it farmland, have been subdivided creating 1.7 million lots. The California Coastal Management Program would greatly reduce the conversion of prime agricultural land in the coastal zone by rezoning, concentrating growth in already built-up areas and through public action such as purchase and leaseback of farm areas. These policies 'are important not only for the coast but for the State as a whole because the coastal counties include 13.S percent of the total existing irrigated agricultural lands in the State and 20 percent of the potential new irrigable lands. 109 A positive impact of regulation st ems; from the fact that some of the coastal agricultural lands are not intensive users of water. In times of drought, the food raising capacity of these lands will become increasingly important as the competition for scarce water resources increase. Agricultural lands can guide urban growth, provide open space and wildlife habitats, provide beneficial use of land that is hazardous or inappropriate for other kinds of development, and maintain future land use options. However, other crops are supplied from groundwater basins. Groundwater extraction has caused two major problems in some areas: (1) an overd-rafting of the groundwater basins which has reduced water levels and led to the inland advance of seawater into portions of the upper aquifer system, and (2) there is increased mineralization of groundwater causing a reduction in water quality. Continued agricultural water use will be a major factor in the persistence and increasing severity of these conditions. In areas where this is a problem such as the Oxnard Plain, alternative agricultural water supplies and solu- tions to existing problems imply higher agricultural water costs and a trend toward production of higher payment capacity crops. It must also be noted that agriculture itself has altered the natural environ- ment of the coastal zone by introducing toxic pesticides and nutrients that can cause the eutrophication. of waterways, removing large areas of native vegetative.cover and drawing heavily on surface and ground- water supplies. Therefore, the Coastal Act's strong policies to protect agricultural lands may not alleviate some of the other problems associated with agriculture practice.' The problem associated with agricultural land conversion is a statewide problem and affects the Nation's well-being also. California is a great exporter of agricultural crops and therefore the national interest is affected by the loss of prime agricultural lands. S) Ports The major ports located on the coast of California serve import, export, and domestic waterborne commercial needs of California and the Nation. These ports provide, both directly and indirectly, a large proportion of the income of the State and a significant number of jobs on the coast. Estimated total traffic through the California ports within the Commission's planning area has risen from 26.5 million tons in 1970 to 38.2 million tons in 1974, an increase of 44 percent. The value of vessel ship- ments has grown 178 percent from $3.7 billion in 1970 to $10.4 billion in 1974. Ports are treated somewhat like local governments in the Coastal Act in that they are required to produce a master plan (Part II, Chapter 8). The policies in the Coastal Act are designed to encourage efficient use of the ports, keep them competitive, protect the natural environment to the maximum extent possible in a high-use area, and give priority of use to the coastal dependent or port-related develop- ments such as the commercial fishing industry. Non-dependent uses are discouraged and are subject to further appeals to the Coastal Commission after the port master plan has been certified. Ports are encouraged to do all they can to minimize or eliminate the necessity for creating new ports in new areas. This will protect coastal resources in non-developed areas. Since one of the legislative interests of the Coastal Act was to ensure that all major ports of California are kept on a competitive basis (see Section 30410(b)), it is not expected that there will be an economic impact or disadvantage to any one port because of these policies. Coastal planning requires no change in the number or location of the established commercial port districts. U'hile tf-.,e port policies do not prohibit further expansion or new facilities, it is expected there will be some additional costs for port-related development to meet the environmental criteria and stan- dards set forth in the Coastal Act. However, this is expected to be a short-term impact. The efficien- cies required'by port planning and development will have many positive impacts over the long-term for the public, the natural environment, and industry. 6) Aquaculture Another coastal industry protected by the program is aquaculture, -.)articularly the harvesting of giant kelp located along the southern California coast. Kelp has been harvested in California since 1910 and is used in processed form (algin) in the manufacture of pharmaceuticals, textiles, dairy products, adhesives, feed, paper, and rubber. The value of kelp harvest in 1970 was $1 million and once processed the kelp produced $28 million worth of algin. Other forms of aquaculture, such as the farming of oysters, clams, and shrimp, and the development of anadromous fisheries resources including salmon and steelhead trout, are protected by the Coastal Act. 7) Permits and the Economy The Office of Coastal Zone Management has spoken with representatives of numerous special interests in an attempt to determine their feelings as to the impact the California Coastal Management Program will have on them. The majority stated that they were very pleased with the Coastal Act. They felt it would be beneficial for all Californians. Their major conc@rns are about the way the law will be interpreted as,discussed below. The impacts industry cannot accept are the delays associated with permit approval (especially when numerous permits and appeals take place) and duplication of authorities among State agencies. Unexpected delays are costly. It has been shown that delays may not only frustrate develop- ment but hurt industry whose costs have been extraordinary in getting a permit. If the delays can be minimized, many of the representatives stated that the adverse economic impacts normally associated with environmental regulation could be made part of the development process and be made acceptable to industry. 110 While the avoidance of delay can never be full guaranteed, provisions of the Coastal Act attempt to streamline the administrative procedures involved in management of the,coastal zone. Regional commissions will be terminated after they have accomplished their tasks of handling the interim permit process and certifying local coastal programs. Once local programs are approved, only special permit cases may be appealed to the Coastal Commission. The experience of Proposition 20 shows that this may be as little as three to five percent.of the permits processed. Once local coastal programs are approved as consistent with the State coastal policies this figure could be less because the permit applicants have a consistent set of'standards on which to base their projects. Section 30610 and 30610.5 provide for numerous exclusions from the permit process which under normal conditions would have no direct or adverse impacts on the coastal environment. Section 30333.5 is a "call-up" provision designed to avoid delays and insure that regional com- missions process the "local coastal program or any portion thereof, a coastal development permit appli- cation, or appeal therefrom, in a reasonably expeditious and timely manner." This would allow the Coastal Commission to bypass the regional commission on development permits which it felt were important and involved more than one region or jurisdiction, such as a large energy facility or major road. Coastal Act policies are made quite specific which will help all those required to interpret the intention of the legislation, especially in the early stages of development plans. These single poli- cies will help all levels of governmentsince the policies will be the focus for their actions in the coastal zone.' In addition, State agencies are reviewing and revising their administrative rules, regu- lations, and statutes'to make sure they are consistent with the policies of the Coastal Act. This will help avoid conflicting regulations from State agencies which have responsibilities in the coastal zone. Coordinated agency policies will allow for a greater degree of certainty inplanning and decision-making, avoiding delays in the permit process and saving financial resources. Once the regulations are estab- lished, additional certainty and stability will be provided. While the policies are very specific,'there are also words which allow for a reasonable difference of opinion as to the meaning. The Interpretive Guidelines (Attachment A) will help in this regard. However, industry and other developers have voiced a concern over the interpretation of words like "maxirum feasible extent," "minimum risk," "sufficiently identified," the "maximum amount," etc. The interpretati 'on will take place either when the development proposals come forth or through the local coastal program process. The Coastal Commission is the desig- nated body to make such final interpretations. Any attempt to make an analysis of different interpre-,. tations is beyond the scope of this EIS other than to make recognition of the fact that some impacts will vary because of this. Section 30337 provided for the Coastal Commission to establish a unified development permit appli- cation system and public hearing procedures with other permit-issuing agencies. One of the major concerns in recent years has been the proliferation of permits required for developments. The necessity of dealing with several agencies all requiring separate and sometimes inconsistent permits has been a source of substantial complaint from public officials, developers, and private citizens alike. In California the VlaterResources Control Board, the.Air Resources Board, the Coastal Commission, and the State Lands Commission for instance, issue-permits. The multiple permit process is costly (to both the developer and the State), confusing, creates unnecessary delays, and is hard on citizens' groups required to tes- tify at various hearings. Section 30337 was included in the Coastal Act as an attempt to alleviate many. of these problems. This does not imply that there is "one stop shor-,*@-ag" for all permits, but the provision does allow for streamlining in order to minimize the burden on all parties. Overall, it is believed that the.economic benefits of the California Coastal Management Program will, at a minimum, offset non-compensated losses in land values or business opportunity. The positive effects of a more attractive, secure physical environment, combined with greater efficiencies attained from elimination of urban sprawl, and better coordinated governmental action will outweigh the projected overall losses. d. Population Trends and Land Use Interaction General. Since 1940, California's population has tripled to over 20 million, and 84 percent of this population lives within 30 miles of the coast. Sixty-four percent of the State's population is located in the 15 coastal counties, and 25 percent of the total State population lives within six miles of the coast. Accordingto 1970 U. S. Census data, there are 47 coastal cities and 76 unincorporated coastal towns that front on the ocean with a total population of 3,8S1,330. An additional 34 cities and 43 unincorporated communities within six miles of the coast have a total population of 1,263,S42, thus bringing the total population for cities and towns within six miles of the coast to 5,11S,000. In 1970, approximately 700,000 persons lived within 1,000 yards of the coast. But these general statistics do not provide a complete understanding of the population dynamics of the coastal zone. The population is not evenly distributed along the length of the coast, although 49 percent of the total State population is in the IS coastal counties. Within five miles of the coast the population range among counties is from 3,600 in Sonoma County to 1,500,000 in Los Angeles County. The ihree southern counties (Los Angeles, Orange, and San Diego) contain 76.8 percent of the coastal county population whereas in contrast, the 5 counties north of San'Francisco (Marin, Sonoma, '!endocin6, Humboldt-,,.and Del Norte) contain only 2.7 percent. The five northernmost coastal counties account for 39 percent of the length of the California coastline but for less than 3 percent of the State's coastal zone. Trends. Past growth rates in California have been spectacular, but such rapid growth is not likely to continue into the future since in-migration has slowed substantially and is at or close to a zero net migration level. Similarly, the bir.th-rate is following the national trend and is near the replacement rate. A large percentage, however, of the present population is still emerging into the home market, especially as a result of the post-World War II baby boom, an@ thus, additional housing units-will continue to be required. A substantial portion of this growth is expected to take place in the coastal zone. The population growth of the coastal counties has, on the whole, roughly paralleled that of the State. In the decade from 1960 to 1970, the 15 coastal counties grew by 25.8 percent, compared with the State's 27 percent growth rate. However, some parts of the coast have experienced disproportionate amounts of this growth. For example, Orange County more than doubled and Ventura County grew by nearly 90 percent. Sonoma, Marin, Santa Cruz, and Santa Barbara Counties had rates ranging from about 40 to 60 percent, while the two northernmost counties and San Francisco all lost population during this,same period. The California Department of Finance has projected population for each county to the year 2000 that shows that the coastal counties will be absorbing 7.7 million new -residents between 1970 and 2000. Based on population distributions in 1970, 39 percent (3 million) of this may be expected to occur in the five mile coastal area; Population/Land Use Interaction. Population shifts also change land uses. For instance, Orange County was primarily a rural and agricultural area prior to 1950, but since then, land has been converted to urban uses at the rate of ten square miles per year. The major portion of this urbanization has taken place in the northernmost sections of the county, adjacent to the Los Angeles-Long Beach metropo- litan area and within the' coastal zone. While approximately 70 percent of the county remains undeveloped, present and pending proposals include most of the few remaining sizeable parcels of open space within the coastal zone of Orange County. The tremendous growth of Orange County is part of a more general pattern of growth that has shifted away from congested urban centers. The growth rate in Los Angeles County, for example, has been much slower than in the adjacent coastal counties to the north and south, partly because of the migration of people out of Los Angeles into surrounding counties. Similarly, San Francisco has been losing population while the coastal,counties immediately to the north and south are growing relatively rapidly. Southern California, in particular, has been characterized by sprawling suburban development which has replaced former open space and agricultural lands with a continuous spread of low-density development. The construction of new transportation corridors has played a major role in facilitating this kind of development. The extension of freeways connecting to Los Angeles employment centers has been followed by a loss of agricultural lands in Orange County. The last several decades have also been marked by increased second-home development along the Cali- fornia coast which, because of its mild climate and enormous recreational amenities, is highly desirable for such development. Unfortunately, rural-sewage disposal and water supply system , and displace public recreational traffic with private residential traffic on some of the State's most scenic coastal highways. Studies have shown that, if allowed to develop without restriction, second-home development could eventually cover many of the most attractive remaining natural areas of the shoreline. A final characteristic of -recent coastal development that should also be noted is the intensifica- tion of urban uses in some coastal,cities. This intensification has taken two forms: (1) the construc- tion of high-rise apartment buildings, and (2) the replacement of single-family homes with multiple unit buildings and apartment buildings. During the period from 1960 to 1973, 95 high-rise apartment buildings were built within IS miles of the coast in Los Angeles and Orange Counties, and 35 percent of these were constructed within walking distance of the shoreline. 1he California Coastal ?1anagement Program will place development restrictions on certain parcels of land. These include agricultural lands, open space areas, hazard areas such as fault zones, flood plains, and other sensitive coastal areas. These restrictions will inhibit some types of future development and growth in these sensitive areas. It is not anticipated that overall growth within cities and counties of the coast will be significantly affected by the restrictions. Some local governments may choose,' to limit population growth independently of the coastal management effect. 112 It appears that during Proposition 20 when 25,000 permits were processed, the experience has had no significant affect on population growth in the coastal.zone. A study conducted by the Security Pacific National Bank of California (California Databank), indicated the population in the combined coastal counties planning'areas (the planning area was larger than the 1,000-yard permit zone) in- creased by eight percent from 1970 to 1974 as compared to two percent for the rest of the combined counties. The program did not affect the rate of growth but rather the direction and placement of that growth within the coastal zone. There are many factors which contribute to population growth, including the general state of the economy, so it cannot be clearly demonstrated that coastal manage- ment is the cause of downturns in housing starts, and other indices, but only that it may be a con- tributing factor. e. Public Access/Coastal Acquisitions About 47 percent of the California coast is in public ownership, either Federal, State, or local, but not all of this area is available for public use. Several military bases, for example, occupy long stretches of the coast and are not,accessible to the general public. However, thirty-three percent of the shoreline is in public parks and recreation areas, with some-twenty percent of the State's coast being owned by the State in its recreation and park system and additional miles of ocean property having been reserved for public use by local governments. Despite the relatively high percentage of public.ownership of the State's coastline and the large number of recreational facilities already available along the coast, there is an increasing need for .additional recreational opportunities. For example, less than half of the demand for campsites along the coastline is currently being met. All the new berthing spaces planned for the next five to ten years will barely cover the current demand of boaters. The proposed California. Coastline Preservation and Recreation Plan estimates that the present supply of public swimming beaches in the central and southern portions of the coast is adequate to meet the demand for beach activities through 1980, but only if sufficient parking or alternative transportation to the beach is provided, and in some cases, only if people are willing.to travel up to two hours-to reach public beach areas. Other activities currently enjoyed on the coast and for which there probably will be an increasing demand are fishing, hiking,- horseback riding, bic@cling, surfing, diving, picnicking, and sightseeing. in addition to the recreational opportunities provided in public parks and recreation areas, the public is guaranteed the right to access and use of the publicly-owned tidelands. Irrespective of the California constitutional guarantee, S7 percent of the coastline is in private ownership and has gradually cut-off public access to the publicly-owned tidelands. Over the next several years, a great,deal of coastal acquisition will take place for various reasons (see Part II, Chapter 12). These reasons include: (1) the preservation of wetlands and unique habitat areas, (2) provide further recreation opportunities, access, and upland 'support areas, (3) to preserve historical, archaeological, and ecological areas, (4) to preserveoutstanding views, and (S) to provide urban parklands, among other things. In addition there will be coastal construction and development to provide day use and sanitary facilities, utilities,llandscaping, and parking. The principal effects of putting additional lands into public ownership are: (1) to-lower the property tax base of the local government, (2) to reduce costs proportional to the amount of property value removed from the service areas, resulting in a net economic loss, (3) possibly raising or lowering of property values on private lands adjoining the acquisition site, (4) possible additional revenue benefits-or costs to localities due to such things'as,an increase in tourist sales, (5) the achievement of the objectives for which the land was purchased, i.e., preservation of land for habitat or recreation purposes, thereby minimizing the impacts associated with intense development, (6) the ability to justly compensate private property owners for the use of their lands for public purposes, (7) problers associated with maintenance of public property, and (8) in most cases foreclosing future development options in the service area although this need not be an irreversible committment of resources. One aspect of the California Coastal Management Program that lends itself more specifically to quantitative analysis is the proposal for acquisition of coastal areas adopted by the Coastal Commission in March 1976 and submitted to the Legislature as an addendum to the Coastal Plan. Appendix S contains the list of potential sites to be acquired, especially those marked Priority I and Priority II. Based on the current levels of per capita assessed valuation, the Coastal Commission's recommendations would create an average per capita loss of $4.50 in assessed valuation. In terms of a typical property owner on the coast, however, property values are assessed to remain static, these acquisitions would increase the taxes on a $36,000 home by $1.61. As a percentage of assessed valuation, the acquisitions represent less than two-thirds of one percent and the removal of this land from the tax rolls would have little overall adverse economic impact on coastal property taxpayers, although it can be anticipated that their concerns might be substantial. 113 The Conservancy will have authority in six general areas: (1) preservation of agricultural lands, (2) coastal restoration projects, (3) coastal resource enhancement projects, (4) resource pro- tection zones,,(5) -reservation of significant coastal resource areas, and, (6) public coastal access- ways. The Conservancy may acquire lands through fee title, development rights, casements, other interests in lands located in the coastal zone, lease lands award grants, and request the State Public Works Board to exercise the power of eminant domain to acquire interest in lands to protect public resource values (Section 31305 of AB 3544). The State Lands Commission can exercise the right of eminant domain if it determines that inadequate access exists to public lands! It is expected that the impacts associated with the acquisition of lands will have a very beneficial effect on coastal resources but that the potential use of condemnation, and purchase of private property will most always be contro- versial to the property owners which may be affected. f. Public Access/Housing A basic policy of the Coastal Act is to provide more access to the coast for all. Chapter 3 of the Coastal Act states the policies on access. Of particular note is Section 30213: ."Lower cost visitor and recreational facilities and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. New housing in the coastal zone shall be developed in conformity with the standards, policies, and goals of local housing elements adopted in accordance with the require- ments of subdivision (c) of Section 65302 of the Government Code." Some indication of the impact of this policy can be derived from an analysis of the Coastal Commis- sion's actions under the California Coastal Act of 1972. Prior to the passage of Proposition 20, the coastal zone, especially in southern California, was becoming an area open to only those who could afford very expensive homes. This trend, documented by the U. S. Census and other studies, was caused by the impact of public agency programs as well as by the more subtle forces of the housing market. (Public projects, such.as road improvements and redevelopment projects have eliminated much of the low- and moderate-income housing along the coast as well as across the Nation generally. The conver- sion of moderate rent apartments to condominiums and the replacement of lower income single family housing with high rise apartments was also common along the southern California coast.) The Coastal Comnission and regional commissions, through a broad interpretation of Proposition 20's mandate to provide access to the coast for all people, attempted to deal with both the market forces and public agency decisions so as to assure that the poor would not be precluded from enjoying the coast. Specifically, the Coastal Commission took the following action in its permit decisions: In responding to residents of the low-income, :Largely Chicano community of Barrio Logan in San Diego, the Coastal Commission denied a permit for a boiler ware- house in a neighborhood zoned for industry but occupied primarily by housing. The Coastal Commission was impressed by the efforts of neighborhood residents to try to open access to San Diego Bay and to otherwi5e provide a more livable environment. The Coastal Commission's formal findings were that: "The Coastal Zone contains many natural resotirces deserving of protection under the Coastal Act. It also contains manmade resources, such as low-income neighborhoods near the shoreline, that are just as threatened as are many of the natural resources, and are deserving of similar protection under the Coastal Act. The Coastal Commission finds that such protection is one of the prime reasons for the Coastal Act; without it, the forces of the market place would not only destroy natural resources but could make it virtually impossible for people of moderate means to enjoy the amenities of homes in the Coastal Zone." The Coastal Commission urged the City of San Diego to either rezone the area for residential use, or, if industrial use was desired, undertake an orderly program to find housing for the present residents. The Coastal Commission and regional commissions have from the beginning been con- cerned by the market place forces leading to increasingly expensive housing along the coast; as the Los -laigeles Times observed, "the coast shall not be inherited by the poor." The Coastal Co"Ission and regional commissions have acted in two ways: (1) they,have tried to protect the existing supply of low-cost housing and to en- courage the construction of more wherever possible; and (2) they have tried to open many more parks, accessways, beaches, and other opportunities for all people to enjoy the coast, whether or not they can afford to live near it. In settling litigation with the Santa Monica and Redondo Beach Redevelopment Agencies, the Coastal Commission required units of low-cost senior citizen housing be provided. 114 * In approving demolition of law-cost student housing at San Francisco State University, the Coastal Commission required that replacement housing at comparable cost be provided. e In approving highway construction projects in Los Angeles, San Diego, and Eureka, the Coastal Commission required measures to protect both the law-income neighborhoods through which the freeways were planned and low-income residents whose houses would be taken for the freeway improvements. * In manyparts of the coast, the Coastal Commission and regional commissions have re- quired that where possible, existing low-cost housing be rehabilitated and used, not tom down to make way for much bigger, higher-cost housing. 9 In Venice the regional commission approved a density bonus for a developer who agreed to commit some of his units to the Los Angeles Housing Authority for leased low-cost public housing. The Coastal Commission and regional comnissions have imposed conditions on proposed conversions of apartmeft buildings to condominiums, to try to keep the conversion process from forcing elderly and low-income persons from coastal communities. 9 In Malibu, in Marina del Rey, and in other areas already developed, the Coastal Com- mission and regional commissions have insisted that additional new development be accompanied by new access to the water, so that not just the people fortunate enough to live in these areas willhave the opportunity to enjoy coastal beaches'and parks. o The Coastal Commission and regional commissions have required that in suitable areas, public facilities such as campgrounds, recreational-vehicle parks, etc., have preference over private housing, again to open coastal areas for public use and enjoyment. 9 The Coastal Commission and regional commissions have encouraged construction in appro- priate coastal areas of resorts, convention centers, hotels, etc., both for the public enjoyment of the coast they provide, and also--of great importance--for the many jobs for relatively unskilled persons that the coastal tourist industry provides.. This policy is-perhaps one of the most unique for coastal zone management since it deals with the problem of social equit@, the benefits of which cannot be easily quantified. The issue is directed toward the responsibility of a society to protect the rights of all its citizens and meets the intent of the Coastal Act when it says "the California coastal zone is a distinct and valuable natural! resource of vital and enduring interest to all the people..." The policy directs the State to meet the social needs of the people when using and conserving coastal resources. During the legislative process, lower cost housing and access were among the major issues discussed. This policy has to date been aggressively implemented as shown by the following newspaper article. (Further information on this subject can be found in the Interpretive Guidelines in Attachment E SF Chronicle March 3 Poor Get a Break At the Sea Shore By Dale Champion The newly formed Caiifornia condominium units in the citv'@ Coastal Commission set a precedent Ocean Park redevelopment area. yesterday for seeing to it that I people of low and moderate means The redevelopment agency also agreed to reserve a vacant share in the advantages of living parcel in the project site for about next to the ocean. 50 subsidized housing units for the At a meeting in Burlingame, elderly and to finance improve, the commission approved . a com- ments; to a neighboring public promise Santa M 'onicR redevelop- beach. ment project that calls for guaran- The previous state coastal com- teeing some housing for families mission, wh4ch served from 1973 and elderly persons of little income. until the Q of last year as a result As a condition for going ahead of the passage of the Proposition 20 initiative in 1972, had acted to with the big oceanfront project, the safeguard and promote new low- Santa Monica Redevelopment cost housing in coastal areas. Agency agreed to acquire and refurbish more than 100 units of But this was the first time the dilapidated housing inthe vicinity new and permanent commission and subsidize their rental. had administered a provision of the 1976 California CoaEtal Act that says The money for providing the coastal residential opportun@ties for iow-cost ho@sing will come froin people of low and moderate means additional. tax revenue generated should be provided "where feasi- by the construction of 400 luxury ble." lis Other impacts,that may result are the developers may not realize the full potential of the economic value of the land, the costs associated with subsidizing housing, and increasing the population in the coastal zone as more housing units are made available for low-moderate income persons. 9. Local,Government One of the largest immediate impacts will fall on local governments because the process of local coastal program development is complex. It includes public hearings, plan and zoning revisions, and the resolution of potentially conflicting policies (recreation vs. preservation, etc.). Fortunately, this burden will be temporary, and after this process is over, the work lead will be lighter with the preservation and growth of the coastal development taking place in a rational and acceptable way based on approved general plans and zoning ordinances. With certified local coastal programs, local govern- ments will be better able to reflect.regional,,State, and national interest ir. their decision-making and thereby regain greater control over coastal land and water uses. Some local governments have expressed reservations about the State coastal management program. Reasons for their concerns include: the difficulty of-applying Statewide coastal policies to small geographic areas, the resistance to making changes in the general plans that have just recently been completed; the difference of perspective between local and State officials, the speculation that increased recreation use may require a higher level of development to pay for the costs of providing recreational facilities the fear that the local coastal program will have to inhibit residential development which is seen as a paying proposition,and the concern that further recreational develop- ment would be detrimental in many localities. A few of the local governments that participated in a pilot implementation program during 1976 foiffid that the conflicts between the expectations of their communities and Coastal Commission and regional commissions recreation policies were the causes of the main difficulties in meeting the requirements of the Coastal Act. Some of the smaller communities that are within the reach of the larger urban areas see themselves being used as a "playground" by non-residents. They are striving for no-growth, slow-growth, or long-term controlled growth development and dislike the idea of encour- aging and allowing the use of private lands for commercial recreation facilities over other facilities (Section 30222) 'that might be more,stabilizing to the economy. They would prefer permanent residential growth over temporary or seasonal recreational developments and the secondary impacts (maintenance and police). Therefore, statewiae and regional interests are often difficult for them to consider in light of their particular interest. The'purchase of additional park and -recreation lands will tend to aggravate this situation. Some local governments are already well on their way toward meeting the objectives of the Coastal Act through their general plans by participating in the local implementation program pilot project. Others will have to start from scratch to prepare a local coastal program because their general plans are not yet complete. California law requires that general plans include the following elements: land use, circulation, housing, conservation, open space, seismic safety, noise, scenic highways, and safety. Under the provisions of the Coastal Act, they may also include a "local coastal element." As an example, the county of San Mateo has a combined Open Space and Conservation Element which is implemented by a Resource Management District Ordinance. The county feels that most of the policies in its open space rural areas are already consistent with the policies of the Coastal Act. If adequate funds-are available the county expects to be able to have a certified local coastal program within a year. The county anticipates that its major difficulties in implementing the policies of the Coastal Act will be in its unincorporated urban areas near the coast. Application of the Coastal Act's policies may limit growth, come to less than the county anticipated, and most of it that does occur over the years will be concentrated in existing urban areas and, on a lesser scale, near rural service centers. The fiscal impa@ts on local government can be burdensome or minimal since it is a function of their current budget, the amount of high revenue lands that would be taken out of production, etc. These impacts will be determined on a case by case basis at the time of purchase or during the development of local coastal programs. One example of the fiscal effect of land acquisitions on local governments was conducted in the Half Moon Bay area. The study showed that for two alternative land use patterns there would be a net revenue loss of approximately one-seventh of the sale value. Many of the concerns which have been identified during the Proposition 20 experience have been poteniially remedied by the establishment of the State Coastal Conservancy and the passage of Proposi- tion 2 (November 1976). The California Coastal Management Program now has the backing of future acqui- sition funds and the infrastructure to acquire lands for the purpose of meeting the objectives of the Coastal Act. Prior to this, the Coastal Comission did not have the power to act in a positive way but could only react to development permits which had to be approved or denied. The Conservancy, of which .the Coastal Commission chairperson is a member (see Part II, Chapter 10 on powers of the Conservancy), has the ability to use acquisition for planning and management purposes, and not just for preservation and wildlife habitat protection. 116 TABLE D Net Revenue Loss from State Land Acquisitions Sale A/V of Land Net Revenue Value Acquired, Loss* Alternative 1 @4ontara 0630,00 @133,875 $ $9,217 Miramar 430,000 95,625 6,459 Falf Ploon Bay 700,00 148,750 10,152 Other, County 650,000 138,125 9,330 Total 2,430.noo S16,37S 35,158 Alternative 2 Miramar 450,00 95,625 6,459 *The net loss represents the difference between expenses related to property and the Assessed Valuation (A/V) -revenues, As to the impact of permit decisions on the tax base of the coastal counties, few assessors have hazarded a judgment. However, evidence suggests that the increase in developed property that may have occurred as a result of the Coastal Cominission and regional commissions, has more than offset' any real or opportunity costs as a result of adverse impacts on undeveloped property. However, the overall im- pact to the cotnity is not exT)ected to be overly damaging to the tax base. The Office of Planning and Research prepared a report at the request of the Office of the Legi�la- tive Analyst on the costs of impleme .nting the Coastal Plan to lcoal governments. The results of this research are summarized below: 1. Several factors minimize the number. of tasks to be performed by local goverment due to Coastal Plan requirements: ,a. Existing Federal, State, or regional agency responsibilities. b. Existing local planning requirements of other authority. C. Plans, information, and assistance to be provided by State a as part of Coastal Plan Implementation. d. Existing-information and technical assistance. 2. The exact scope of each jurisdiction's implementation program would he determined by several factors unique to each jurisdiction a. Local conditions (the number of coastal issues to be addressed). b. Relationship of the jurisdiction to the Coastal Resource Management area. C. Consistency of existing local plans and programs with the Coastal Plan. d. Number and type of existing special local goverment functions. 117 3. Generalizations about the costs to local goverment of preparing plans and.programs for certification are difficult to make. However, the survey of local.governments did indicate that: a. The total cost for all 75 affected jurisdictions to develop certifiable plans and programs may well exceed the $2 million to $2.5 million estimate in the Coastal Plan. b. There appears to be a minimum cost to each jurisdiction in the range of t10,000 to $20,000. C. The upper limit cost to any jurisdiction, except in rare cases, appears to be about $100,000. d. Jurisdictions which have worked closely with the Coastal Commission in recent years will not be faced withsignificant costs in preparing for certification. e. More detailed guidelines for implementation and an examination of local plans and programs are required for an accurate estimate of costs. 4. Following certification, implementation of the Coastal Plan may involve additional responsibilities on the part of local governments. These increased responsibilities might result from: a. An increase in the number of permits which may be required to be issued by local government. 1). More complex or involved analysis of project proposals. C. Amendment of local plans following Coastal Plan anendment. d. Litigation as a result of decisions made by local governments pursuant to certified plans or policies. e. Appeals of local decisions to the State coastal agency. 5. The cost associated with 4a and 4b could be largely covered by applicant fees,,and costs associated with 4c, 4d, and 4e cannot be estimated at.this time. 6. The survey indicated that roughly half of the jurisdictions felt the costs to local govern- ment of implementing the Coastal Plan following certification would be significant while the other half felt they would be minor. It is not expected that the costs associated with developing local coastal program-,; under the Coastal Act will be substantially different from those which would have been necessary to implement the Coastal Plan at the local level. Section 16 of the Coastal Act includes provisions for providing funds to local governments to pay the cost of developing and implementing local coastal programs. The CZMA funds will also be available for this purpose. In addition, the State will provide technical assistance to local governments and to participating Federal agencies. A study was conducted to determine what the costs and revenues to local governments would be if the Coastal Plan policies were implemented in the Half Moon Bay area of San Mateo County. Six alternative growth patterns for the sub-Tegional area were analyzed. Four law and moderate growth alternatives based upon policies of the, Coastal Plan and two less restrictive alternatives representing the general plans of the county and the city of Half Moon Bay. The major constraints were based on the interpretations of the agricultural lands protection policies. This study is therefore relevant in particular to the agricultural lands provisions in the Coastal Act. The study found there to be no increase in the fiscal burden to local governments in the Half Moon Bay area as a result of applying the agricultural lands protection policies. Generally, the analysis indicated that the more g@ovith there is, the more per person public service costs tend to exceed government revenues, as illustrated in Figure A. The capital costs of sewer and water improvements to serve the larger populations were the major, reasons for the differences in expenditures. The study points out an important caveat for any attempt to apply the findings to other areas-, namely: "It is not known whether similar results regarding the increasing cost of servicing larger population growth would hold-true in other connunities. It would depend on the nature of capital improvements required, as well as on the nature of the community and its land use mix." This study points out that, in some cases, constraints on growth (within a period of time) based on the protection of certain natural resources (agricultural lands) may not have such a negative fiscal- impact on the local government. These policies will produce medium to long-term socio- ecornmic 1.,enefits to local governments. 118 FIGURE A NINE AGENCY AGGREGATE, PER PERSON REVENUE AND EXPENDITURE PER CAPITA CURRENT PLUS SIX GROWTH SCENARIOS $700 E $680 E X s660 E T E U S37 N X R D E E I T E N N $4.@@ E E U R X $1.)2 X 0 1 R R P R 1 $12@36T E E E E , T X V R E U V E E N R E E R N V U R $620 P N E E E V U U E N E T N T E E V N 0 U . U N E I R E N T R U U E. E E V R E E N U E 7T ___F_FF_ $ 0 POPULATION 13,590 15,017 18,953 8 26,394 54 089 61,20 CURRENT ALT. 1 ALT. 2 ALT, 4 ALT, 5 ALT. 6 110S] RESTRICTIVE GROWTH LEAST RESTRICTIVE Source: Geor.D'e Gold.1maa and David Stroia_g. Government Cost and. Revenues 'ssociated witli Tn A - ,--ple-lenting Coastal Plan P`cicie@sin 'the half -Bay Subregion- U, of California, Berkeley: COOD. Extension Service, 197G h. Intergovernmental and Public Involvement The Coastal Act exhorts and/or requires the direct involvement of Federal, State, and local government agencies as well as further efforts from the public and private sectors. . Because of the Federal consistency requirements of Section 307 of the CZMA, Federal agencies.will become more involved with local governments as they develop and implement the local coastal programs. Recent experience with a similar program in the State of Washington shows that this is no small task for Federal agencies. In many cases, this direct involvement and interest will be a new experience for local governments- Federal agencies will be asked to commit a substantial portion of their time over the next several years to both supply local governments (or the Coastal Commission and regional commissions as the case may be) with information and expertise and to review the local coastal programs and elements. Some agencies will not be budgeted to permit adequate expenditure of time on this effort, especially since some regional. Federal offices will have to deal with 60 or more local governments. New partnerships and institutional arrangements will be formed, extra efforts on the part of Federal employees will be called for, and an increase in information exchange can be expected. Many State agencies-will go through a similar experience since their actions are to be consistent with the policies and certified local coastal programs. While these requirements will be of a tempor- ary nature, it is believed that many benefits will be derived from this type of,intergovernrpental cooperation and coordination. State agencies are working on new guidelines consistent with the coastal legislation for marina development, minimizing the amount of dredge and fill, design of breakwaters to minimize littoral drift, encouraging parking in upland areas, avoidance of dead end channels to ensure,adequate flushing action, protection of historic properties, etc. As additional funding is provided to local governments to increase or improve the information and data base, along with assistance by Federal and State agencies, it is believed that the decision-making process on.development permits and coastal planning will be imProved significantly, especially in areas where such information is scarce. One of the most important benefits of the Coastal Act is it encourages citizens to become involved in tile management of the coastal resources. Part II, Chapter 13, covers the provision for continued Public involvement. Local coastal governments are required to adopt procedures for providing maximum opportunities for the participation of the public and all affected governmental agencies in the preparation of the local coastal program (see Section 00020 of Chapter 8 Implementation Plans for the Local Coastal Program Regulations in Appendix 7). 119 The benefits of increased citizen participation are now well known and numerous. One of the purposes of using local governments to develop and implement,the management program is they are closer to and better able to respond to the desires of citizens. The California Coastal Management Program will allow for an increase in citizen participation (which includes all interested parties) in land and water use planning. It will provide for a-broader base for decision-making and ensures that citizens can have their views heard without the need to resort to costly legal processes. it has been shown that public participation has.significantly influenced many of the decisions made on individual permit applications under Proposition 20. Some of the problems inherent in citizen participation are the delays caused by the need to inform and educate the public on complex, comprehensive problems. Many times citizens tend to focus on single issues and find it difficult to grasp the more complex problems which may take away some of the com- prehensiveness of the program. The burden is on those preparing local programs to make them under- standable to the citizens who do not have technical Or planning backgrounds. 2. Environmental Impacts The California coastal zone exists as a delicately balanced ecosyst em. Sound resources manage- ment requires a comprehensive knowledge of the many factors which control the ecosystem. The policies of the Coastal Act are separated into distinct categories of land and marine resources, however there is a unique perception of how the coastal ecosystem works and must be managed. One activity not properly controlled will often have significant adverse impacts on other resources. It is believed that the implementation of the California Coastal Management Program should have a positive impact on the natural environment which should be discernable over the next five to ten years and longer. The program,through integrated land and marine resource management,is designed to prevent the further accelerated deterioration and destruction of the coastal resources for the benefit of all concerned. In previous years, wetlands destruction occured at an alarming rate. There are now many policies directed at the protection of the coastal wetlands. The boundary was extended to include significant coastal estuarine, habitat, and recreational areas. Special provisions were made to allow for the designation of "sensitive coastal resource areas" and "special treatment areas." Specific mitigation measures and criteria were written directly into the policies to protect coastal resources. The California Coastal Management Program requires broad public support and participation which helps to ensure sound planning and management. The Water Code was amended to take coastal waters and resources into account andadditionally, many State agencies will be revising their regulations to do the same. The State found that it was necessary to provide for continued coastal planning and management through the Coastal Commission in order to "protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources." (30004(b)) While attempting to strike a balance between the insatiable appetite California has for growth and development and the need to protect coastal resources, the Coastal Act recognizes that the balance must lean toward the protection of significant coastal resources (30007.5). a. References The following sources of information should be reviewed as part bf this discussion: (1) "Program objectives and General Management Policies," Part II, Chapter 3. (2) "Coastal Act Policies," of the Local Coastal Program Manual (Part II), Appendix 7. (3) "Interim Interpretive Guidelines for Coastal Planning and Permits," Attachment E. (4) "California Coastal.Plan," specifically the following sections: Part II: Findings and Policies (The findings are extremely useful.in describing the Problems the Coastal Act policies were meant to remedy. Attachment D shows a correspondence list between the,Coastal Plan and the Coastal Act policies.) Part IV: Plan Maps and Regional Summaries Note: Because of the widespread distribution of the Coastal Plan, it is presumed that most reviewers will have a copy. If not, a copy-will be made available through the Office of Coastal Zone Management or the California Coastal Commission immediately upon request. Contact: Office of Coastal Zone Management/NCAA California Coastal Commission Pacific Regional Manager 1540 Market Street 3300 Whitehaven St., N.W@ San Francisco, CA 94102 Washington, D.C. 20235 415/557-1001 202/634-4235 120 (5) "Areas of Concern in the Coastal Zone," Appendix 4 lists the multitude of areas which have been identified or are identifiable through the inventory process described in developing local coastal programs which may be impacted over the lifetime of the program consistent with the objectives of the Coastal Act. (6) "Significant Coastal Estuarine, Habitat and Recreational Areas," Appendix 3 describes the 18 "bulges" to the inland coastal zone boundary, the resources and the reasons for their inclusion under coastal zone management. (7) "General List of Land and Water Uses Subject to Management in the Coastal Zone," Appendix 6 shows the various uses which will be impacted by the policies. The degree of impact,however, is not defined by this list. (8) "Current List of Acquisition Sites," Appendix 5 shows the potential sites to be acquired for preservation, restoration, recreation, education,and habitat purposes. b. Interpretive Guidelines The most important document from which.a perspective of the impacts on the natural environment can be gained, is the interim InterpretiveGuidelines issues by the Coastal Commiss:Lon pursuant to Section 30620(a)(3) of the Coastal Act. The,guidelines do not supersede the provisions of the Coastal Act, but attempt to interpret, clarify,and provide spec-lTic guidance as to how the provisions of the Coastal Act should be applied to planning and permits. The guidelines are of two types: general statewide guidelines, that are applicable to many areas, e.g.,, guidelines on concentrating development, encouraging the provisions of low-cost housing, protecting ocean views, etc., and specific guidelines, intended to apply to a specific portion of the coast. Public hearings have been held on these guidelines throughout the month of March 1977. The interim guidelines will be revised and finalized by May 1977 and will be included as part of the California Coastal Management Program in the final EIS.. Generally, these guidelines show a very clear attempt to meet the objectives and policies of the Coastal Act. If and when implemented, the recommendations in the guidelines would do the following within identified specific geographicareas: Protect scenic qualities: sand dunes; bluffs and cliffs; valuable wetland and riparian habitats; open space.values; valuable anadromous fish resources; views and view,corridors; fish and wildlife habitats (including marine mammal haul-out areas, bird nesting areas, endangered species); estuaries and marshes; timberlands and agricultural lands; rare and native plant species including significant individual trees; archaeological and historic sites; low-moderate income housing; and life and property from inappropriate development in hazard areas. Maintain water quality standards; agricultural lands;- character of special communities; buffer areas around osprey nests; and maintain and improve refuge facilities. Enhance parts of the coastal highway and areas where oil-related structures could be removed as.the petroleum resource is depleted. Prevent overuse of areas in order to minimize environmental damage by placing controls on public access, Tar-ther loss of estuarine ecosystem and wetlands from non-dependent uses. Restrict commercial development; off-road recreational vehicles; division of agricultural lands; devel-op-m-en-ts-harmful to salmon and steelhead trout; linear development along coastal highways; new residential development; developments in the 10 year and 100 year floodplains; development to infilling of subdivided areas presently served by a sewer system; single family residences based on carrying capacity of highways, soil, water, sewer; intensive beach recreation.facilities.. Encourage the expansion of some visitor-serving facilities; development of some community water systems; expansion and improvement of boat launching facilities, bikeways, marine industry, and commercial fishing. Produce Guidelines to minimize risks to life and property; undertake erosion control measures; control visual Uip-acts through size, height, architectural design, and set-back requirements; and for continued use and development in State and local parklands. In addition, the guidelines have recommended objectives for Federal coastal parklands and the consolidation of new oil facilities where possible- 121 c. The Marine Environment Common to the entire coastal zone is the marine environment the State's coastal waters, estuaries, and wetlands. Coastal waters, in general, are known to be more productive than the open oceans, and a particular combination of physical factors make California's coastal waters among the most productive in the world. The rugged sea floor off California's coast marked by extensive stiuctural relief,provides habitat for a wide range of marine life, and dehects and channels'currents and waves, thereby causing a turbulent mixing that brings nutrient-rich deep waters to the surface. Extensive-kelp beds are@found in rocky coastal environments from the intertidal zone to depths of 80 to 100 feet and cover approximately 75 square miles of the State's coastal waters, concentrated - primarily in the offshore areas of southern California. The importance of this resource is largely unknown to the public. The kelp serves as a sanctuary, nursery area, habitat, and food source for an abundant variety of marine life, supporting a greater variety of species and a greater number of organisms than does a temperate land forest. Kelp beds may help to dissipate wave action and retard erosion on the shoreline.' Perhaps the most productive part of the marine environment is the intertidal zone which is inundated at high tide and exposed at low tide. Both tidepools and tidal salt marshes occur at frequent intervals along the entire length of the State. They comprise two distinct systems, each - with its own location and role in the marine environment. Tidepools, most typically found off sandy or rocky shore, support a variety of marine organisms an*d are visible only at low tide. Coastal wetlands, on the other hand, constitute a very visible transition between the marine environment and the land environment, being found in association with lagoons, bays, and the mouths of coastal streams where a permanent connection between land and sea results in the periodic or occasional mixing of seawater and freshwater. Coastal wetlands, made up of tidal marshes and mudflats and related freshwater marshes, are generally shallow in depth and sunlight is often able to penetrate to the bottom, thus allowing plant growth to occur. Cord grass and pickleweed are unique-to salt marshes, requiring a-particular mix of saltwater and freshwater, and common tule, California bulrush, cattails, spike rushes, pondweed, and sedges are typical of freshwater marshes. As elsewhere, many.fish, waterfowl, shorebirds, wading birds, and other animal species use coastal estuaries and wetlands either directly for spawning, nesting, resting, or feeding, or indirectly as a provider through the foodchain. Additionally, many rare or endangered species are entirely dependent on habitats found in California's coastal wetlands, as are the migratory waterfowl of the Pacific flyway. Some 33 species of shorebirds pass through or winter along the coast. A total of 10 to 12 million migratory waterfowl come into California each fall, and about 20 to 35 percent winter in the coastal zone. An additional 25 species of waterfowl also utlize coastal wetlands as do some 27. species of other water associated birds. Moagement Tsgues Sewage DisposaL The marine resources of the coastal zone are particularly vulnerable to the effects of human activities with watet pollution and the filling-and dredging of wetlands having the most serious consequences. There are at least 130 waste disposal outfalls along California's coast which annually discharge some 444 billion gallons of domestic and industrial sewage into the State's wetlands, estuaries, and coastal waters, and a good portion of this wastewater discharge is inadequately treated. This is a particular problem in heavily developed Los Angeles and Orange Counties where only 15 percent of all municipal wastewater discharged-into coastal waters received secondary treatment in 1973. Inadequately treated sewage discharges are also a problem in Monterey Bay and in other enclosed water bodies such as estuaries and lagoons. These areas, with limited water circulation and abundant plant and animal life, are the most susceptible to damage from water pollution. The discharge of poorly treated wastes in such areas has caused fish kills, algal blooms, stagnation, foul odors, and the smothering of bottom-dwelling organisms. Some losses in offshore kelp beds may have also resulted from exposure to inadequately treated sewage. Thermal Discharges. Thermal@discharges have an effect on marine resources. -Over three trillion gallons o7 seawater are used every year to cool power plants on the coast with the water then discharged back into the marine environment at warmer temperatures. Some species, among them kelp, cannot tolerate warmer water, and thus thermal discharges may have a serious adverse effect. Other marine organisms, however, may be enhanced by the warmer water. It is thought that this may be true of some mollusks suited to aquaculture.-, Little is known about the jzeneral effects of cooled ,water on marine life, although the potential for cooled water discharges from liquefied natural ' gas facilities does exist on California's coast. It is known, however, that reduced temperatures can be fatal to some organisms. 122 Entrainment of Marine Life. Industrial and power plants that use seawater have had another more local effect on t e marine environment; that is, the entrainment of marine organisms as water is drawn into the plant. Organisms that are typically entrained and usually killed include phytoplankton, zooplankton, fish larvae, and small fish. Oil Spills/Construdtion. In addition to sewage discharges.and thermal discharges, two other sources of water pollution have periodically affected coastal waters. First, several serious oil spills have occurred along California's.coast resulting in losses to marine organisms and waterfowl as well as to recreational use of sandy beaches. Secondly, runoff from construction, grading, removal of vegetation, and other upland developments have resulted in abnormal silt loads that are damaging to marine resources. Estuarine areas are especially sensitive to sedimentation and have, therefore, sustained the greatest damage from silt-laden runoff causing a decrease in biological productivity. While water pollution has been a serious consequence of urbanization in the State's coastal zone, the effects of water pollution on the marine environment can, nevertheless, be reversed. As sewage treatment is improved and the State's coastal waters become cleaner, affected organisms can reestablish themselves and the health of the marine ecosystem can be improved. Most of the damage sustained over the past 75 years by California's coastal wetlands, however, is a permanent loss. Of an original 197,000 acres of marshes, mudflats, bays, lagoons, sloughs, and estuaries along the coast (excluding San Fran'cisco Bay),the natural productivity of 102,000 acres have been destroyed by dredging for ports and marinas or by filling for residential, commercial, or industrial development. Of California's remaining estuaries and wetlands, 62 percent have been subjected to severe damaze and another 19 percent has received moderate dama2e. The effect has been even more serious in southern California where 75 percent of the coastal estuaries have been destroyed or severely altered since 1900. Healthy, undamaged wetlands are still to be found along California's coast, but they are relatively scarce when compared to their abundance at the turn of the century. At that time, the importance of marshes and mudflats as a nursery area and food source vital to all marine organisms and many bird species was not understood, and the easily filled, shallow wetlands were Valued only for the development potential of "reclaimed land." The result has been that.a once plentiful resource has become a scarce one, increasingly vulnerable,and increasingly in need of protection. The California Coastal Management Program will maintain, enhance, and restore marine resources by protecting the biological productivity of the coastal waters, estuaries, wetlands, intertidal areas, and inland lakes and coastal streams. This protection will result from the controls placed on coastal development and uses of the marine environment. The Coastal Act provides, what must be termed a significant amount of direction to guide planning and development in the coastal zone and to some degree outside of the coastal zone. The policies focus on the end point of resources management, namely, biological productivity. Coastal development permits wi@ll be subject to performance standards and-criteria for development which meets the objectives and policies of the Coastal Act. The policies on the marine environment (Chapter 3, Article 4 of the Coastal Act) state that the biological productivity and optimum population levels of.marine organisms should be maintained and restored when feasible through Iminimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing-alteration of natural streams." (30231) It will be the responsibility.of the Coastal Commission (and regional commissions), local governments, State and Federal agencies, and applicants for coastal development permits to see that the intent of these policies are met. In addition to the policies in the Coastal Act, the Coastal Commission may designate special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part IV of theCoastal Plan as "sensitive coastal resources areas," which require zonin.Q ordinances and implementing actions to be consistent with and protect those coastal resources (30116, 30502). The coastal acquisition program will provide protection to significant wetland areas, habitat. areas, and other areas sensitive to development pressures. This will act as a preventative measure to coastal protection rather than a reactionary one to development proposals, Several sections in the Coastal Act deal with the problems associated with dredging, diking, and filling. Sections 30233(3), 30411, and 30607.1 deal with an approach to restoring coastal wetlands. These policies require the restoration of wetlands when new or expanded boating facilities desire a wetland location. If degraded wetlands are restorable, the boating developer is required to restore and maintain, as a biologically productive wetland, an area at least 75 percent greater than the area to be used by the facility. 123 Section 30607.1 requires that: 11(w)here any dike and fill development is permitted in wetlands in conformity with 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 of surface areas shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed." This requirement of providing a functional equivalent as a means of mitigating the destruction of wetlands by diking and filling, has been successfully practiced by the San Francisco Bay Conservation and Development Commissidn and has practically limited the amount of Bay filling to zero while permitting development to continue. While this provision does not restore wetlands to a greater amount than that which is to be used, it nevertheless slows down the wetlands degradation rate which has been previously discussed'. Wetlands receive additional protection under Section 30255. Under Section 15 of the Coastal Act, the Water Code was amended to protect water quality as it relates to the coastal marine environment. It requires that wastewater discharges must be treated and sets priorities for restoring past beneficial uses of the receiving waters by either improving or eliminating the discharges. Wetlands, estuaries, and other biologically sensitive sites are to receive the highest priority. Other policies deal with minimizing entrainment, placing restrictions on thermal discharges, requiring baseline studies to be conducted in potentially impacted sites, and encouraging the use of reclaimed water. Oil and gas development have the potential for causing significant damage to the marine environment either temporarily or over a long-term. The policy of the Coastal.Act is that any development or transportation of crude oil, gas, petroleum products, or hazardous substances must protect against any spillage of those substances, and there must be effective containment and cleanup facilities to provide for accidental spills. This is,of course,a problem area that transcends all levels of government and the population, even though the major responsibility for regulating tanker traffic, oil spill cleanups, etc., rests with the Federal government. It appears that the dependency and interdependency between the land and the sea is well recognized by the Coastal Act. There is always concern that decisions to be made on something as complex as the coastal environment are only as good as the data received on which the decisions are made. The funding provided by the CZMA is meant to help the States improve their decision-making, and it is important to recognize that local governments will need the best information available to update their general plans and make permit decisions. Based@upon the objectives,policies, authorities, directives, and guidelines presented in the California Coastal Management Program, it appears that the Program is a program of substance and has an adequate process to bring about net beneficial environmental impacts to the marine environment as some of California's resources will be restored and other protected on a long-term basis. d. The Land Environment The coastal land'environment .is a combination of the soils, air, plants, animals, minerals and water courses as they are affected by or themselves affect the ocean -- from the pounding surf line to the quiet inland valleys where the coastal fog influences plan species and growth. Along much of the coast long stretches of sandy.beach and.rugged rocky shore give way.to coastal bluffs which rise abruptly to the level of the coastal plain,and the gentle land of the marine terrace gives way to hillsides and canyons and then to the mountains of the coast range. The coastal land environment includes unique wildlife habitats on sandy beaches and coastal bluffs immediately along the shorelines 'and further inland on upland terraces, hillsides and canyons. The State's sandy beaches serve as a habitat for hundreds of thousands of shorebirds annually, with many of them staying through the winter and moving north to breeding grounds during the summer months. Beach areas are especially critical to the survival of the snowy plover and the least tern. The rocky shoreline and coastal bluffs provide a special ecological niche for some birds. A 1970 study by the California Department of-Fisb and Game found that 133,000 pairs of birds were nesting on 37 major seabird rookeries located on coastal rocks, along with an undetermined number nesting along -rocky stretches of the mainland shoreline. Large numbers of cormorants and gulls, along with pigeon guillemots and black oyster catchers are representative occupants of such communities. The rocks and islands of California's coast also are important breeding grounds for marine mammals such as seals and sea lions. Upland areas provide habitats for a variety of birds and mammals, most of which range over coastal and upland areas. For instance, large numbers of brush rabbits, snipe, quail, pheasant, - grouse, deer, elk, and bear also inhabit the coastal uplands. A few animals are restricted to these coastal uplands. 124 The rich soils of the coastal zone and certain climate conditions are also important in sustain- ing commercial timberland located primarily on the State!s north coast. Timberlands constitute a valuable natural and economic resource, serving as a wildlife and fisheries habitat and having great scenic and recreational potential. Timberlands also help to protect watersheds from erosion and excessive runoff. mnnniyempnt T_-;,;1ie,; Natural Habitat Areas. Substantial destruction of natural areas along California's coast has been caused by such factors as expanding urban development, the noise and pressure of recrea- tional activities, alterations of vegetative cover, and the indiscriminate use of pesticides. These activities are reducing the habitat areas available to all plants and animals and are threatening some species and some unique communities, which can exist only in limited,areas, with-extinction. The continued existence of abundant and varied life forms on the coast depends upon proper safeguards for whole living communities as well as for plant and animal habitats. An especially serious problem in coastal zone wildlife management is the degradation or reduction of wetlands, tidepools, and dunes -- the narrow and often fragile transition zone between marine and terrestrial ecosystems. Forest Resources. In the past, unsound forest management practices, conversions of timberland to other uses such as residential development oragriculture, and site dominance by non-commercial successional species have contributed to the decline in the historical timber inventory in California. Land divisions have often produced small uneconomic parcels that force the harvesting of timber when it is not desirable. Soils. Improper land use practices during construction, site locations, and the removal of the vegetative cover hava caused accelerated erosion having ramifications to wildlife, human uses of the environment and aesthetics. Blufftop erosion is caused by not only natural processes but human activities as well. Stream Alterations. The alterations to coastal streams have resulted in damage to coastal resources as well, including salmon and steelhead trout, that are dependent on coastal streams in their life cycles. The abundance of these two important species has declined over the last 30 years by at least 50 percent as a result of damage to upstream spawning and nursery areas. This damage has been caused by dams that do not provide adequate fish bypass facilities or that flood large spawning and rearing areas, water diversions and stream channelizations, sand and gravel mining from streambeds, grading or logging operations that cause habitat-smothering erosion or siltation along streambanks, land fills, removal of shade vegetation that bring increased water temperatures, and discharges of toxic, thermal or organic pollutants into habitat streams. The California Coastal Management Program will protect habitats of many of the species mentioned from further degradation due to development and increased recreation pressure. The Coastal Act recognizes that some habitats need more stringent protection than others. "(a) Environmentally sensitive habitat areas shall be protected against any significant 'disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. "(b) Development in areas adjacent to environmentally sensitive habitat areas and parks -and recreation areas shall be sited and designed to prevent impacts which would signifi- cantly degrade such areas., and shall be compatible with the continuance of such habitat areas." (30240) The Local Coastal Program Manual describes "environmentally sensitive areas" as: Tlany area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments(30107.S), including: areas of special biological significance as identified by the7State Water Resources Control Board; rare and endangered species habitat identified by the State Department of Fish and Game; all coastal wetlands and lagoons; all marine, wildlife, and education and research reserves; nearshore reefs; tidepools; sea caves; islets and offshore rocks; kellibeds; indigenous dune plant-habitats; wilderness and primitive areas." 125 The coastal zone boundary was extended inland to include significant habitat areas(see Appendix 3 for a des6ription of these inland extensions). This places these areas under the interim permit jurisdiction of the Coastal Commission and subsequently under the protection of certified local coastal programs. In addition, many of these special habitat areas can be designated as "sensitive coastal resources areas." Once again, the adequacy of this whole process may depend largely on the quality of the information and data which is incorporated into the general plans of local governments and the information available to the Coastal Commission and regional commission on which to judge the adequacy of coastal development permits. The coastal acquisition program will add additional acreage under protected status. The Coastal Act requires that sensitive habitat areas be protected from recreational demands when such demands create an overuse of the area and are environmentally damaging to the resources. The Program will minimize the risks to life and property in areas of high geologic, flood, and fire hazard as well as assure stability and structural integrity of new development projects (30253). The impacts associated with the types of control required to meet these.policy directives will have a beneficial effect. on natural resources and will provide direct benefits to development, home owners,and other applicants. The Interpretive Guidelines show that there will be some restrictions on development in floodplains, certain sloped lands,and shoTelands that may be subject to tsunami inundation,to name a few. All of the policies and guidelines presentod in the California Coastal Management Program are intended to make the construction o'f new developments environmentally sensitive. The Program will restrict certain land uses within specific geographic areas, directly or indirectly guide growth and development in other areas, and requires that if development must take place, it do so with the least damage to the environment. Sometimes, special direction is given in the Coastal Act such as Section 30254 which states the legislative intent to keep State Highway Route 1 in rural areas as a scenic two-lane road, and effectively restricts new or expanded public works facilities from creating a growth pattern which would make the road no longer functional. This-will add extra protection to the natural environment as well as protecting the scenic views from strip development. Section 30243 provides for the long-term productivity of soils and timberlands.- The policy was designed to prevent the conversion of timberlands to noncommercial sizes and uses which impact the timber industry. "Special treatment areas" may be designated by the Coastal Commission to protect the natural and scenic qualities of some of the forest areas within the coastal zone (30118.5 and 30417). While the designation of such areas would mean a long-term committment of timber resources to protecting the natural and scenic values of those resources, it, is not an irrevocable committment since what is mainly affected is the regulation over forest practices in these areas (buffer areas, road construction, selective timber-harvesting, etc.) . Additional beneficial impacts t o the land environment will result from the incorporation of air and water quality standards, limitations on channelizations, dams and other substantial alterations of coastal rivers and streams, development which decreases energy consumption and vehicle miles traveled, and appropriate siting.of large-scale facilities. e. Visual Perhaps the most apparent impact of human activity on the coastal zone has been a visual one. In some areas the visual resource remains natural, and in others.development has respected the special visual qualities of the coastal environment, but some of the coastline has been degraded by poorly designed development. In these areas there are buildings that are obtrusive, being inappropriate to nearby landforms and inconsistent with the pattern and scale of existing development. There are signs and overhead utility lines that block views and create visual clutter. There are visual scars left by cutting, grading, filling; and vegetation removal, and this is often accompanied by the erosion that results from the alteration of natural landforms. There are, also, inadequately landscaped develop- ments that detract from their natural setting rather than being enhanced by it. The California coastal zone as a visual, educational, and aesthetic resource is of considerable worth. The Coastal Act's policies on protecting visual resources and special committees (302S1, 302S3(S)) will provide long-term benefits, and will not be an irretrievable committment of resources. While indi- viduals may resent,the permit process regulating the siting chara6te'ristics for development (design standards, location, landscaping, etc.) the Coastal Act's policy recognizes that scenic and visual qualities are resources important to the public as well as the economy of the'State. f. Historic Properties Consistent with the intent of the National Historic Preservation Act of 1966 and Executive Order 11593, provisions in both the CZMA and the California Coastal Management Prqgram require fiill consid eration be given the historic values of coastal, resources and properties. 126 The CZMA states "[ilmportant ecological.- cultural, historic, and ae sthetic values in the coastal zone which are essential to the well-being of all citizen-s-a--reTFeing irretrievably damaged or lost" (Section 302(e)), and therefore, it is the national policy "to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources giving full consideration to ecological, cultural, historic, and aesthetic values as well as needs for economic development" (emphasis added) (Section 303(b)). The California Coastal Mangement Program gives recognition to the importance of historic (including archaeological and paleontological) resources and des policies and direction for their protection. Section 30244 states: "[w]here development would =sely impact archaeological or paleontological re- sources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required." The Coastal Act also recognizes the importance of scenic resources which in many cases are properties of historic interest. Mony of the coastal acquisition sites include areas of historic interest such as Fort Ross (Sonoma County), El Castillo (Monterey County), and the historic scenic headland of Point Dume (Los Angeles County). It is the intent in many of these types of areas to integrate the management of these historic and archaeological resources with recreational and educational uses of the coastal environment when they are consistent with resource protection. The State Historic Preservation Officer, citizen interest groups, and others will provide valuable information to local governments so sites can be identified in the general plans, and through this process'of site identification, incorporation, and protection, it is believed the provisions of the National Historic Preservation Act will be achieved. 127 3. Industrial and Energy Development Few issues currently loom as large as energy and industrial development in the State of California, particularly as it relates to the coastal zone. Controversy abounds over the role of industry and energy development as it impacts the economy and welfare of local, State, and national interests versus the pro- blems associated with some of the industrial and energy facilities locating in the coastal zone is such that there is a tendency for decisions to be made at a high level on an ad hoc basis. Therefore, it is not inappropriate to be fully aware of the impacts that may be asslociated with inplementation of the Coastal Act's policies. It is beyond the scope of this EIS to address the pros and cons, the why's and the whereforels, of the numerous individual cases which have recently become issues. Some of the recent individi@al cases have be en reported in the newspapers and the clippings are included in Attachment A. It should be pointed out, however, that one of the-objectives of the program is to improve management so that decisions are more predictable and more clearly based on agreed upon policies and objectives. Whatmust be analyzed in this EIS is whether these policies and objectives guiding facility siting decisions are exclusionary or by their very nature arbitrarily exclude facilities which are in the national interest or of more than purely local concern. At this time, it can be stated that the organization, authorities; and other aspects of the Ca- lifornia Coastal Management Program allow for a rational decision-making process for such facilities (see Part II, Chapter 9). The implementation of the program will of course occur over many years. Disagree- ment will continue and possibly even litigation over specific issues. As a pattern of decisions with re- spect to these facilities begins to emerge from implementation of the program, OCZM will evaluate the effectiveness of the policies and objectives of the State in meeting regional and national needs. Con- gress has provided for such an ongoing review under Section 312 of the CZMA. Coastal Act policies which apply to industrial and energy facilities include: 30232 - Requirement to protect against spills and provide effective containment and cleanup facilities and procedures. 302SO(b) - Siting of hazardous industries away from developed areas. 30260 - Encourages coastal-dependent industrial facilities to-expand or locate within existing, sites. 30261(a) - Encourages multicompany use of existing and new tanker facilities. 30261(b) - Allows only one liquefied natural gas terminal until risks are eliminated or lack of gas supply would cause substantial public harm. First site to be located away from population centers. When safety is proven, siting is to occur only in developed or industrialized port areas. 30262 - Places restrictions on oil and gas development and encourages consolidation of facilities where feasible. 30263 - Allows for new or expanded refineries and petrochemical facilities to locate in coastal zone even if not consistent with policies if they meet certain conditions. Allows for environmental tradeoffs regarding air quality, encourages air cooling systems, and the use of treated waste water versus once-through cooling. 30264 - Allows for the expansion and siting of thermal electric generating plants in the coastal zone if altern -ative sites have less merit. The Coastal Commission may propose alternative sites within the coastal zone based upon findings to support the alternatives. 304.13(b) - The Coastal Commission is required to designate specific locations within the coastal zone where the location of an energy facility would prevent the achievement of the objectives of the Coastal Act. 30515 - If certain conditions are met, the Coastal Commission could override a certified local coastal program in order to,meet the public needs of an area of greater local concern for a proposed energy facility. The polities on the siting of facilities are designed to allow the expansion and new location of industrial and energy facilities in the coastal zone while at the same time minimizing the adverse im- pacts associated with the siting of-such facilities. The policies' give preferential treatment to coastal- dependent industrial facilities, encourage their location or expansion within existing sites and recog- nize that some facilities may hot be consistent with all the policies of the Coastal Act. If such is the case, they may still be permitted if (1) alternative locations are infeasible or more environmentally damaging; (2) to do otherwise would adversely affect the public welfare; and (3) adverse environmental effects are mitigated to the maximum extent feasible. These criteria provide guidance for the siting of coastal-dependent facilities which require a degree of reasonableness and guard against decisions being made in an arbitrary or capricious.manner. 128 The encourage ment of coastal-dependent facilities to locate or expand within existing areas and the priority of use given to these facilities will have two major impacts. Efforts are made to reserve the sites where needed, such as in existing harbor and port areas where major dredging and filling have al- ready taken place, so development can take place with a minimum of adverse impacts on the environment in new areas. This may increase the environmental problems in existing areas causing environmental "hot spots." Important to a lesser degree, but significant nevertheless, is the fact that industry may find greater predictability in determining where their siting can occur. Predictability means time and money and in some cases may mean the difference between providing resources necessary for the public welfare. When viewed on the whole the possibility exists for heightened conflict between the preferred uses of the coastline and the State's and Nation's need for energy. As water becomes a scarcer quantity in the State, more and more energy facilities will have to be located along the coast where ocean waters are available. Considering all the constraints placed on these large-scale facilities, it is believed that there will be only a few sites available. Once again, the intergovermental, public, and special interest involvement process described in the program is designed to resolve these conflicts between demands, uses, and interests. No dollar figures can accurately be projected as to the additional costs these policies would have to the economy of California or other parts of the Nation. The conclusions of most reports do state there will be net environmental benefits (both human and natural) associated with the comprehen- sive management of coastal resources. The Coastal Act policies recommend the consolidation of tanker terminals and oil and gas facilities. The issues relating to oil and gas facilities and tanker terminals have been well documented by the press (see articles contained in Attachment A). Increasing demands are being placed on the coastal resources of California due to outer Continental Shelf (OCS) activities and oil from Alaska. Many energy companies are involved,and the potential for duplication of facilities is great. This policy is an attempt to mini-. mize the adverse impacts associated with energy faciliting siting by encouraging the companies to conso- lidate their facilities and avoid unnecessary duplication. Consolidation occurs when two or more companies use the same site or facility for exploration, development, transportation, processing, or storage func- tions, rather than each company constructing and operating a facility for its needs only. "In the past, industry consolidated facilities when private company-economics have favored sharing of facilities. Generally, companies operating off the California coast have preferred to construct and operate their own facilities, in order to maximize-flexibility in production and marketing strategies. Historically this has resulted in a proliferation of offshore pipelines, small onshore oil and gas se- paration, treatment, and storage facilities, and tanker terminals along the coastlines of Santa Barbara and Ventura County, and in the San Pedro Harbor area."l .Some advantages offered by consolidation include reduction in the following: "(a) industrial land requirements near the coastline and conflicts with other coastal land uses and other environmental land use savings to onshore communities; (b) the number of potential sources of oil spill and air pollution; (c) the amount of energy and raw materials used in construction and operation of the facilities; (d) the costs of facility operations; (e) adverse scenic impact of additional industrial facilities in coastal areas. In some instances, consolidation of facilities may raise environmental problems more serious than those it solves. The increased activities at a single site could, for example, result in violation.of air pollution standards at the consolidated site, when no such violations would have resulted at smaller, dispersed sites." Some of the concerns the industry has relayed against the concept of consolidation include: "(a) some consolidation strategies might increase capitol costs, thereby making small-scale, mar- ginal ventures uneconomic ; (b) the information exchange and intercompany c 'ooperation that must attend planning for consolidated facilities may lead to loss of competitive advantage and violation of antitrust laws; (c) the uncertainty of information regarding the petroleum resource on their own leases already makes facilities planning sufficiently difficult without adding the uncertainties of their companies' production prospects and actual production volumes; (d) their flexibility in pro- duction and marketing strategies will be impaired by facilities that must be designed and operated to meet the needs of other companies as well; (e) physical properties of oil and gas produced from different reservoirs might make the respective substances incompatible and preclude use of common facilities." These policies recognize that irr some cases it may be extremely difficult.to consolidate facilities and recognize-the constraints placed upon the industry. The policies nevertheless encourage consolidation to the "maximum extent feasible and legally permissable," or unless the siting would have more adverse environmental consequences brought on by the consolidation. 129 4. Mitigation Measures The California Coastal.Management Program recognizes that development will continue within the coastal .zone. Consistent with the concept of permanently protecting the State's natural and scenic resources for the present and future residents of the State and Nation (Section 30001(b)), the 'management program will look at future developments from a performance standards and criteria approach (see Part II, Chap- ter 5). The standards and criteria are based on existing State regulations such as air and water quality standards, and on specific guidance provided for by the policies in the Coastal Act. In addition, development will be guided by certified local coastal programs consisting of general plans, zoning regulations, and other implementing ordinances. In order to show the adequacy of the program process, some examples of policy directives which are used in the permit process to mitigate adverse impacts associated with some types of development follow: � Maximum access and recreational opportunities "shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse." (30210) � "The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be main- tained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing deplet'ion of ground water supplies and encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams." (30231) 0 With regard to agricultural land conversion, "any such permitted conversion shall be compatible with continued agricultural use on surrounding lands." (30242) 0 "New development shall: (1) Minimize risks to life and property in areas. of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability,, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (3) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board as to each particular development. (4) Minimize energy consumption and vehicle miles traveled. (5) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor@destination points for recreational uses." (30253) 0 "New or expanded 'refineries or petrochemical facilities not otherwise consistent with the provisions of this division shall be-permitted if (1) alternative locations are not feasible or are more environmentally damaging; (2) adverse environmental effects are mitigated to the maximum extent feasible; (3) it is found that not permitting such development would adversely affect the public welfare; (4) the facility is not located in a highly scenic or seismically hazardous area, on any of the-Channel Islands, or within or contiguous to environmentally sensitive areas; and, (5) the facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property." (30263(a)) The Coastal Commission and regional commissions are responsible for assuring that the appropriate mitigation measures are taken by applicants for coastal development permits during the interim period while local governments are in the process of program certification. After that, the responsibility is given to local governments to assure that the policies are enforced. In its simplest form, mitigation measures are usually expressed as conditions placed on development permits. Since development is allowed under a conditioned permit containing criteria and standards of conformance, it is often the conditions that become the focus of controversy and legal battles. 130 S. Impacts of Exclusions Section 30608 states that persons who have obtained a vested development right prior to January 1, 1977, are not required to obtain a coastal development permit unless there is a substantial change involved. The impacts associated with these "grandfather" development rights are not considered as part of this program for impact analysis purposes. However, it can be shown that there was a rush to gain vested rights between the time of enactment of the Coastal Act and the January I deadline. The full implica- tions and impacts of these excluded developments with regard to cumulative impacts and how they will affect new development subject to a coastal permit is yet to be determined over the next three years prior to the expiration of those rights. Section 30610 excludes from the coastal development permit process certain improvements to existing single-family residences, maintenance dredging of existing navigation channels, certain repair and maintenance activities, and activities associated with necessary utility connections between an existing service facility and any new development. Additionally, the provision allows for categorical exclusions of development or of any category of development within a specifically defined geographic area. In each case, where the Coastal Commission finds that there is a risk of adverse environmental effects, th@ same would not be excluded. Therefore, while the potential for adverse impacts may exist by not including these activities or developments, the process outlined in the Coastal Act and further spelled out in the regulations, provides a safeguard to include such activities or developments when significant impacts may occur as a result of their exclusion. Ifi addition to the urban boundary being somewhat less than 1,-000 yards,in most cases, a local goverment may request that an urban land area be excluded by-the Coastal Commission from the permit provisions of the Coastal Act. Several conditions must be met before the areas can be excluded from the development permit process (see Section 30610.5(a)(1)(2) and (b)). The Coastal Commission requires that a local government submit an Initial Environmental gtu@y and/or a Draft Negative Declaration concluding that the exclusion will have no significant adverse impact on the environment. Because these findings must be made, it is presumed that no adverse enviromental impacts will occur as a result of this provision in the Coastal Act. It is clear that the purpose of these exclusions is to minimize the administrative burdens on the State and local governments and on would-be applicants. when normally such developments are not considered to directly or adversely impact the coastal zone. 6. Effect of Activities Outside the Coastal Znne The planning and regulatory requirements of the Coastal Act do not apply inland of the boundaries of the coastal zone. The Coastal Commission has no direct permit or planning controls over any area or the activities of any other public agency outside the coastal zone. Section 30200 of the Coastal Act. states however, that State agencies whose activities outsi(le the coastal zone could have a direct im- pact on resources within the coastal zone, must consider the effect of such activities relative to the policies of the Coastal Act. The legislative intent was clear in that the Coastal Comission's authority was not to extend beyond the coastal zone, but likewise, major activities -outside the coastal zone that could have a direct impact on coastal resources are to be considered in the light of the coastal policies. Danis, flood control and water diversion projects, stream channelizations, mining, logging, power plants, roads leading to the coast, urban expansion, and other,such inland projects and activities can directly affect the coast. Although the coastal agency would not have any direct regulatory control over these projects and activities, it would have the opportunity to provide critical input into the Jecisim-making process in two principal ways. First, projects requiring either an environmental impact statement under the California Envirorimental Quality Act would be reviewed by the coastal agency and would in turn provide its comments to the lead agency. The coastal agency (including local governments with certified programs) would have more direct authority over projects outside the coastal zone that have a direct impact on the coast if a Federal agency license or permit is required, it utilizes Federal assistance, or it involves Federal development projects. -These activities and projects would have to be consistent with the California Coastal Management Program and would require the coastal agency certification of consistency in order to obtain the necessary Federal approval under Section 307 of the CZMA. The'coastal agency would review these projects and issue certifications under the procedures established for coordination with Federal agencies (see Part II, Chapter.11, B.). The effects of a negative consistency determination has been previously discussed. The provisions of Section 30200 and Federal consistency has the effect of reinforcing the policies, taking away any arbitrariness 'that may exist for any segment of the coastal boundary, and gives greater protection to the'toastal,ecosystem" concept of resource management. 131 California's coastal tone is contiguous to the coastal zone of Oregon and the land and coastal waters of the Republic of Mexico. It is believed that the implementation of the California Coastal Management Program will not adversely affect the integrity or land and water uses of these two places. While Oregon's coastal zone boundary extends further inland than does Californials, the boundary dif- ference is unlikely to cause significant problem in the administration of either program. No significant problems have been reported during the implementation of Proposition.20. In 1976, Alaska,'California, Washington, and Oregon developed an interstate coordination program involving the directors of the State coastal management programs. This effort, largely generated by the regional impacts associated with oil and gas production in Alaska, will be utilized to examine and jointly resolve interstate problems and conflicts between adjacent States. Initial discussions have occurred about the need for joint standards and planning for offshore outer Continental Shelf petroleum development. While the impacts associated with land and water uses do not necessasrily stop at political boundaries, it is unlikely that the requirements,of the Coastal Act will adversely affect Mexico. Recently the Republic of Mexico has indicated that it may expand its offshore oil and gas activities. Should this occur in relatively close proximity to the California coastal zone, the Mexican environ- mental standards for such activities may not be comparable to those in the United States. In such, a case, a potential future impact upon the California coastal zone from oil spills may exist.. 7. Impact Assessment Based on Previous Studies a. Half Moon Bay Case Study The Half Moon Bay Case Study was a two-year study conducted by the Institute of Urban and Regional Development of the University of California, Berkeley.5 The study served as a mans to test and evaluate specific policies proposed by the then California Coastal Zone Conservation Commission in the preliminary elements of the Coastal Plan and was later modified to include similar policies of the Coastal Act. The case study also served to evaluate the operability of the collaborative planning process required by the Coastal Act and to test specific analytical methods for subregional and local planning. An impact assessment process was conducted to evaluate the cumulative environmental, economic, social, public service, and access impacts of a local coastal program which results from a specified land use pattern, population level, and-level of facility development. Specifically, the impact assess- ment was a means of measuring: 1. The extent to which land use designations are in conflict with coastal policies in resource areas -- soils, hazards, open space, recreational lands, protection (i.e.,how much prime soil is pre-empted for urbanization in a local coastal.plan). 2. The extent to which public services'capacities are exceeded by the increased levels of population (i.e.,will the service requirements of full build-out of residential subdivisions exceed facility capabilties). 3. The extent to which the "carrying capacities" of any natural systems -- viewshed, airshed, watershed -- are exceeded by the amount (density) of development allowed (i.e., too much recreational beach use, too much impervious surface.coverage, too many houses in a scenic viewshed). 4. The extent to,which planned development is allowed adjacent to a resource area viewshed, habitats, watershed, so as to present an adverse impact, threat, or use conflict (i.e. development along a coastal stream, adjacent to agricultural land). When the coastal policies were grouped into broad categories, it was found that the following areas, resources, uses, and users could be impacted (see Table E). During the thir.d year Section 305 grant period (January to December 1976) California conducted several sub-regional planning studies and provided funding to 11 local gove = ents to conduct local implementation program pilot projects. These studies and projects have provided both local governments and the Coastal Commission with a wealth of information on which to assess the impacts of program implementation. A few of these studies are summarized below. b- Subregional Planning (1) Moro-Cojo Marsh (Elkhorn Slough, Monterey County) The Moro-Cojo Marsh restoration project was directed toward providing the Coastal Commission not only with a restoration methodology, but also with a prototypical area in which to study the implementation of coastal wetland restoration policies. This marsh was diked off over fifty years ago and the reclaimed lands have been farmed continually since that time so that the resultant accumulation of pollutants in the marsh sediments is thought to be significant. 132 E Impact Assessment Criteria Environmental Impacts 1. Change in the extent of open space lands. 2. Change in condition of habitat areas 3. Change in the type and extent,of forest lands 4. Intrusion upon hazard areas and unstable landforms 5. 'Change in extent of prime soils 6. Change in the acreage of non-prime agricultural lands-with productive soils 7.' Change in condition of viewshed and blockage of view 8. Change in condition of watershedand coastal waters and their buffer areas and change in sand supply 9. Change in the extent and type of mineral resource areas 10. Change in condition of airshed Access Impacts 11. Change in the type and extent of public access to.the shoreline and other coastal recreation areas 12. Change in the type and location of public and commercial recreation facilities 13. Change in convenience of traveling to the coastal zone 14. Change in the availability of transportation options 15. Change in the cost and availability of coastal housing and related social mix of coastal communities Social/Economic Impacts 16. Change in amount of business 17. Change in amount of employment available 18. Change in yearly average income of coastal residents 19. Change in local jurisdictions' fiscal status and change in tax obligation of citizens 20. Change in the amount of State and Federal funding for projects and activities in the coastal zone 21. Change in community character and disruption of community way of life 22. Change in the condition of manmade resource areas 23. Change in quality of.public health and safety Public Service Impacts 24. Change in extent of water usage 25. Change in extent of use of electricity and natural gas 26. Change in extent of transportation facility usage Table F shows the amount of acreage that would be displaced for six different "population pro- jection" alternatives. Although this was a theoretical study, it does give some indication as to the potential impacts of the.implementation of the policies in the Half Nbon Bay Area (i.e. preservation of open space and views, increase in piblic access, etc.). Different degrees of policy implementation were used to determine the "population projection" alternatives. Coastal policies were used to define the populations under alternatives la, lb, lc,and 2a. 133 TABLE F Impact Sumary--Geographically Based Impact Measures Impact Baseline Measum Measured Increment or Change for Alternatives Assessment Condition ic 2a 4u 4a Criteria (1975) additional Population I,427 5,378 10,422 13,304 40,499 47.657 YY;3-39 .total population 15,016 18,967 23,911 26,893 54,088 61,246 existing population 1. Ch 444 2644 3358 th:nge 4150 acres Rural open space 136 140 191 In of rural converted (acres) extent of open 'P.. Percentage or existing 3.3 3.4 4.6 10.7 63.7 80.9 open lmds -.1 open Pace converted 4. Intru- 240 acres Floodplains preempted 0 0 0 0 68 68 aim upon of flood- (acres) h.-rd Plains areas Percentage of undevel- 0 0 0 0 29.3 28.3 oped plains preempted 5. Change 380 acres C1.58 I oil. con- 0 0 39 47 139 129 in extent of Class Iverted (acres) of prime soil Percentage of 0 0 10.3 12.4 36.6 33.9 soils e isting Class I soils converted 131.0 acres Class II soils 13 19 38 76 641 564 of Class converted (acres 11 oil Percentage of 1.0 1.4 2.8 @.7 47.8 42.1 existing Class II soils convcrted - M acres Class III soils 0 0 0 41 429 746 or class converted (acres) III soil Percentage of 0 0 D 5.3 55.7 96.9 existing Class III soils converted 4490 tercs Prim soils converted 13 19 77 264 1209 '1169 of total (acres) prime soil Perco.tage of .1 .4 1.7 3.7 26.9 26.0 existing prime soils co-crt.d 7. Change .6 mile. th,blocted 1- 0 0 0 0 .6 .6 1. block- of un- preempted (miles) are of blocked view vlc@ Prcentope of 0 0 0 01 200 100 north- -blocked vic. bound preempted 2.4 mile. Unblocked view 0 0 0 0 2.1 2.1 of un- nouthbound preempted blocked (miles) vic. Percentage or un- 0 0 0 0 67.5 67.5 south- blocked vicl south- bound bound pleemp, ted 12. Change 218 acres Additional recreation 62@ 623 623 623 266 307 In the of recrea- land (..res) extent or ti.n' land Ratio 5rc-.se or 2.9 2.9 2.9 2.9 1.2 1.4 public est of dition.1 recr-tion access to HlCh@ay 1" tho sh.re- land to -i.ting line rec- recreation land reation 5 miles of Additional shoreline 11.1 11.1 21.1 11.1 10.6 10.6 Mae sh-cline in public -rship in public Wles) ownership Ratio Increase of 2.2 2.2 2.2 2.2 2.1 2.1 additional Shoreline in public -.r.hip to,existinG shoreline In public ornership 15. Change 1.504 Addi,ti..al housing @14 V87 3570 4832 i286O 165:,@_ in the existirp (urit.) availbbil- housing Ity of -I t. R@ti- increase of .1 :4 .8 1.1 2.9 3.7 -ial additional hou"ng housir@, Milt- to existing un te 16: 119 Additional 45 69 100 117 283 327 1. aa-t. cxi@,tftg of -.,mer- Rali. in.-a- or .4 .6 .8 1.0 2.4 2.7 6.1 additional co=ercial a. Livity units -it. to cxi.ting its 24. Ch,,,@,s 2.59 1ZD Additi.n.1 -tc@ to .43 i.30 2.41 3.01 8.84 10.40 in ext-1, .,.ter be used (15GD) or -ter used us@ge Ratio insrs.s. of .2 .5 .9 1.2 @-4 4.0 additional -ter D.cC,.d to current us .8. 27. Qiangc, .2 W.GD Additirnal wa.,to,ater .01 .10-14 .27-36 .23-32 .54-.7D .49-67 In extelit wast-ter in H-t-a (MGD) .1, "aste- Rti. of .1 .5-7 1.4-1.8 1.2-1.6 2.7-3.5 2.5-3.4 .a cr in Montara rateilill dditi",.l ".,te"ater usage rencratim Lo current Canc-ti- 2. WD Additional vialte,,ater .08 .23-31 .1,6-.61 .45-51, .98@@ I.C6-1.35 -aste.ater in El Granada 1.25 generated gl Ratio increase of .4 1.2-1.6 2.3-3.1 [email protected] 1..9-6.3 5.3-6:8 Granada additional -stc,,.ter gelleration.to c@rrnt .3 ISD Additional .2'l-.25 .24-29 .34-42 .61-77 1.63- '2.27-,3.03 -t@!-t.r in Half Moo. Bay (MGD) 2.19 CeDcrated 1. HulrR.V. increase of .7_8 .9-10 1.1-1.4 2.0-2.6 5.4-7.3 '7.6-10.1 U,on Day Cdditi-al .-t-atcr encr-tion to w,ent gr.cr.tion 134 The Moro-Cojo slough system, a portion of the Elkhorn estuarine complex, is a survivor andremnani of California.'s once vast coastal wetlands. The remaining coastal wetlands are now recognized as. valuable natural resources and must be protected from further degradation and restored where possible. Because knowledge of the Moro-Cojo environment is inadequate,.it has been necessary to define its present and potential value as a natural resource system and to evaluate proposed activities with respect to their degradation or restorational potential through a comprehensive analysis of this environment, its ecology, and relevant economic, political, and social concerns. Preliminary conclusions of the study demonstrate that management practices of the past have severely: degraded the natural resource value of the Moro-Cojo slough, and a new management program is needed to protect the coastal resource. A critical step in the management of the remaining California wetlands will be the coordination of government actions. One of the major findings of.the first phase,of the study was that no single agency has comprehensively managed the wetland system-in the context of a total natural system. Gene-rally, policies and programs affecting the area have been determined by a number of agencieseach concerned primarily with its individual responsibility and jurisdiction. This secularization often conflicted with the processes of natural ecosystems. (2) Trinidad A geological and biological survey of Trinidad Bay was conducted and a development survey was conducted to determine the possible alternatives for developing the Bay as a commercial and recreation harbor. A joint study on moorings involving affected Federal, State, and local agencies was undertaken to determine the types and number of moorings that should be allowed and where they should be located so as to avoid the productive kelp area of the Bay. The subject of mooring placement also addresses both safety and aesthetics. (3) Big Sur Coast - Northern San Luis Obispo County and Southern Orange County These two subregional planning studies were intended-to serve as models for how subregional planning could be incorporated into the local coastal planning process. The studies accomplished two very important tasks: (a) They gene-rated the information thatwill be useful to the local coastal programs and for the .Coastal Commission to use in evaluating the adequacy of the programs for the two study areas as to their impacts on the larger-than-local is'sues (e.g.,has the Monterey portion of the Big Sur coastline properly allocated the traffic capacity given the constraints identified in the subregional analysis?)'. (b) They haveestablished a workable,methodology for conducting such studies that will be appli- cable in other.regions where one or more c,oastal issues, such as road.system capacity or limited water supply, transcend several local jurisdictions. The central issue of each study was an analysis of the potential competition between local populations and recreational visitors for the use of public services such as wastewater treatment, water supply, or highway access during times of peak use both currently and in the future given pro- posed population levels. C. Local Implementation Program Pilot Projects Contractual arrangements were made with the Cities of Trinidad, Eureka, Santa Cruz, Laguna Beach, Chula Vista, Santa Monicaand Carlsbad, and with the Counties of Marin, Monterey, and Santa Barbara. The purpose was to see if local governments could incorporate the policies or specific policies of the Coastal Plan*' This was later changed to conform to the standards of the new Coastal Act. Some of the projects focused on: (1)' Trinidad. A study of future growth limited by the septic'tank carrying capacity of the soils in that area and increased tourist accessibility on appropriate parcels of land was undertaken. (2) Eureka. Future development of the waterfront area proposed waterfront commercial developments, protection of existing low-income housing,'a pedestrian walkway the length of the waterfront,and con- tinuous linear berthing of vessels along tle walkway so that no pier would project.into the channel. (3) Monterey County (Big Sur). A preliminary plan report was distributed for review by the public and-all participating and affected agencies. The plan proposed a reduction in allowable development, protection of views, special treatment of the coast, and establishing a private trust which might acquire and trade lands to redirect growth from sensitive areas to appropriate ones. 135 'Santa Barbara-County. The county staff studies the major policy differences between the Coastal Plan and a variety of local plans (existing general plan-, proposed general plan, citizen group recommendations, special district policies, etc.). The report included simplified matrices on con- formance or conflict between policies, based on a computerized system for retrieving all relevant policies on each subject, and a summary analysis of the issues. d. Outer Continental Shelf Leasing Impact Planning The Office of Planning and Research in the Governor's Office created an outer Continental Shelf (OCS) task force to conduct studies on the impacts associated with offshore oil and gas development in southern California.. A number of scenarios for oil and gas exploration, production activities,and facility siting have been conducted or are ongoing in the Santa Barbara Channel. The task force has circulated draft findings and recommendations dealing with management, decision information, oil spills, air quality, impacts on sensitive coastal resources, economic effects, transportation, consolidation,and development choices. This-is a continuing effort on the part of the State of California to determine its role in OCS activities and assisting local governments in preparing for the associated onshore impacts. REFERENCES 1. Crandall, Tom, "Shoreli ne Development Controls and Public Access To the Oceans Edge," CZM JOURNAL, Vol. 1, #4, 1974, pp. 4Sl-466.- 2. Legislative Analyst,'State of California, "Review of California Coastal Plan," Vol. I and II, April 1976. 3. Mogulof, Melvin B., "Saving the Coast-Californials Experiment in Intergovernmental Land Use Control," The Urban Institute, Lexington Books, Lex., Mass., 1975. 4. Real Estate Research Corporation, "Business.Prospects Under Coastal Zone Management," A Report Prepared for the Office of Coastal Zone Management, Washington, D. C., March 1.976. 5. Dickert, T., Sorensen, J., Hyman, R., and J. Burke, "Collaborative Land-Use Planning For the Coastal Zone: Volume II, Half Moon Bay Case Study," Institute of Urban and Regional Development, University of California, Berkeley, December 1976. 136 PART IV ALTERNATIVES TO THE PROPOSED ACTION Throughout the development of the California Coastal Management Program a variety of alternatives to specific elements of the Program were considered. Many of these derived from comments received by the involved local and State government agencies, Federal agencies, and public interests. The Coastal Commission's consideration of alternative ideas, positions,and possibilities took place over nearly three years. The record of this process consists of tens.of thousands of pages. Any attempt in this environmental impact statement to reconsider all policy and programmatic alternatives would only repeat the detailed record which the Coastal Commission and regional commissions have already compiled, in public, preparing the Coastal Plan. The Legislature also looked at alternatives to specific features in various coastal bills. Normally, at the time a coastal management program is submitted for approval, most of the substan- tive decisions regarding the policies, how the program is to be implemented, etc., will have@been made. This is not to say that changes in substance can no longer take place (see Alternative r below).- Vffiat is mainly left in the way of alternatives deals with procedures. A brief description of some of the alternatives which were considered in the development of the Coastal.Plan is reviewed in Attachment F. The procedural alternatives still open to the State at this time are discussed below along with the Federal alternatives. A. Federal Alternatives The Secretary of Commerce could delay or derly approval of the California Coastal Management Program under the following conditions: -1. If Federal agency views were not.adequately considered or the program does not fully meet the requirements ot the LLMA. -Section-306(c) of the CM requires the Secretary of'Commerce to make findings that a State coastal management program meets the requirements outlined in the CZAA pri:6r to granting approval. Section 307(b) of the CM states "(t]he Secretary shall not approve the management program sub- mitted by a State pursuant to section 306 unless the views of-Federal agencies principally affected by such program have been adequately considered.", If it were shown that principal Federal agericy"views were not,consideTed during development of the program, or that the State does not meet specific CZMA requirements, then the Secretary could deny the appIlEation or delay approval pending required changes. The impacts of a negative decision" are clear: The California Coastal Management Program would continue to be implemented, but without Federal assistance, since the-program is a legislative mandate and funded through State appropriations. The considerable Federal-funds which might have been made available to help implement the program would not be passed on to State agencies and local governments. ,Potential delays in meeting the objectives of the Coastal Act could result. Many of the program elements, to be -achieved as described in Part II, ChaDter 14, would either be delayed or neglected. Many of the elements described could be-achieved only through additional Federal funding assistance. The i lications and the degree of magnitude of impacts this might have on the 1W natural and social environment can only be conjectured. The provisions of Section 307 of-the CZMA (Federal consistency) would not apply to Federal agencies' activities in the coastal zone, meaning the coordinated governmental approach contemplated in the national program would riot be fulfilled. This omission could man that Federal agencies could take action which would conflict with the objectives of the State in the coastal zone. 2. If there is no adequate assurance of the integration of the California.,Coastal @Fo rain with the San FrTcis'-O'Bay 'Coastal @nement Program, For purposes of coastal zone management, California has been divided int.) seements includinLy the.areas, covered by the Coastal Act and the Bay Plan (see Part II, Chapter 4). The San Francisco Bay Conservation and Development Commission (BCDC) submitted a program to OC2M in accordance with Section 306(h) of the CZMA. The submittal was coordinated through the Secretary of Resources. -The program was approved by the Secretary of Commerce on February 16, 1977, and a grant made to administer the program. The Federal funding will help update the Bay Plan and increase monitoring and enforcement.of the regulatory Process. 137 There are differences in the two California management programs, including boundaries, organization, and in some of the policies which are used as a basis for permit decision-making. Houever, there have been.attempts to integrate portions of the program insofar as possible. Examples include the Coastal Commission and regional commissions' policies with respect to the national interest statement and Federal consistency. The Coastal Act recormended that within 18 months after enactment of legislation, the State coastal agency and BCDC review the future relationships of the two programs and recommend changes as necessary. The Coastal Act states the following: "The commission and the San Francisco Bay Conservation and Development Commission shall conduct a joint review of this division and Title 7.2 (commencing with Section 66600) of the Government Code to determine how'the program administered by the San Francisco Bay Conservation and Development Commission shall be related to this division. Both commissions shall jointly present their recommendations to the Legislature not later than July 1, 1978." (30410) Therefore, there is assurance that the State will undertake a study to integrate the two manage- ment systems. While there is no requirerent that program approval be delayed until after legislative action, the Secretary could continue to.fund the California Coastal Management Program under Section 305(d) until it is clear i@fhat the total program would look like. This would.preclude funding under Section 306, adninistrative grants, and the implenentation of Federal consistency provisions. The 18-month study would focus on the need for changes, if any, in the BCDC managemnt program in light of the information developed by the Coastal Commissim in the course -of preparing the Coastal Plan. To the extent changes appear to be warranted, the study could analyze and make recommendations with regard to changes in the institutional relationship of BCDC to the Coastal Commission and in the area included in the BCDC segment of the coastal zone. Possible reasons to delay approval include the uncertainty associated with legislative approval of the Coastal Commission and regional commissions' recommendations and the potential for an imbalance in program administration between the two jurisdictions. If the statewide coastal policies do not apply to the San Francisco Bay Region, and one is more restrictive than another, then there may be increased pressure to develop in-the Bay area without those St"ate policies guiding the development orvice versa. In such a case, Federal consistency would be difficult to apply uniformly throughout the State. The impact of the latter would be minimized, however, because of the relatively short period (18 months or earlier), the degree of coordination and cooperation that exists between the two commissions, the identical policies on national interest facilities, and the legislative intent that the review should not distort the purposes of the Coastal Act. Section 30410(b) of the Coastal Act requires that all ports, including those covered by the Bay Plan, should receive equal treatment for the purpose of insuring competition. The environmental impacts associated with this delay would be marginally greater than the alter- native of approval prior to total integration. The California Coastal Nhnagement Program would continue to-be implemented at the State level.regardless of Section 306 approval, albeit at a lower level of funding. The use of Federal consistency provisions would also be changed. In this.case, BCDC may be making use of consistency while the Coastal Commission and approved local goverment programs would not. 3. If the State does not have the adequate interim authorities while local coastal programs are submitted and certified. The Coastal Act (See Chapter 6) relies on the use of local governments to implement the coast- al program. This would comply with Section 306(e)(1)(A) 'of the GZNA, which provides that the State would establish criteria and standards forJocal implementation, subject to administrative review and enforcement of compliance. The Coastal Act requires that local coastal programs be com- pleted no later than July 1,-1980, or certified no later than December 1, 1980. The California Coastal Management Program can be approved on the basis of the State's existing statutory authorities, regulations, review processes, and appeal authorities. It is not considered essential that local coastal programs be appro@ed by the State prior to Section 306 approval as long as the State has the authority to inplement these programs-. Section 306 funds can be used to help in implementation of the local progranis. California is in its fourth year (January to December 1977) 305 program development grant. It could qualify for two additional Section 305(d) grants which would provide funding up to:1979, leaving a potential void in funding for January to December 1980. The determination that should be made is whether the implementation process described in the Coastal Act can be considered:adequate and not requiring a delay in approval. This determination should be made during the 306 program review process. The State regulations which will be used to certify local coastal programs will be' based on the policies and procedures called for in the Coastal -Act. 138 B. State Alternatives 4. The State could withdraw the approval application and continue rogram development or atter t topse other sour@s Foffun=ng to meet th objectives of the State's shoreline ana g late coastal management program In the voluntary, cooperative program provided for by the CM, there exist .s a possibility for a State to withdraw its application wi*thout sanctions or penalties, except withdrawal of OCZM funding. For a State which has made great strides in the development of a coastal management program, this would be considered a real fiscal loss to the State. It is also possible the overall national objectives of the CM would not be mt. The legislative history of the CZMA shows Congress did not intend the requirements of the CM to be so stringent or difficult to achieve that a State would be precluded from achieving program approval after reasonable effort and time.- Nevertheless, experience has shown that the process of adequate program development is not an easy one. Of particular sigaificance are the difficult "balancing" policies of the CZMA, especially State Federal relations. Programs must adequately consider varied interests which are often conflicting and in competition for use of scarce coastal resources. In many cases them are hurdles with absence of adequate State management authorities or lack of adequate resources or staff to accomplish everything that must be done within a - relatively short time frame. The reason for a withdrawal can be diverse. There may exist weaknesses in the development pro- cess that may go unnoticed even after the State has submitted its program for approval. Another situation that could arise would be if there were a number of unresolvable issues which surface during the review process. For instance, a State may decide that the incentives are not strong enough to keep it in the national coastal management program at the sacrifice of what it sees as a compromise of its goals and objectives. Faced with this sort of conflict, a State might withdraw from the national coastal management program and support its efforts with local -resources. A review of other.related Federal assistance programs and management policies indicates that States could achieve sore of their coastal objectives utilizing other Federal program , but the unique mana- ge-rial and infe-gTa-tive support contained in the CM would be diminished substantially, if not altogether.@ Although untested, it is believed that the CZMA established a process whereby State program with- drawal based on adverse program comments could be avoided and where serious disagreements, can be mediated. "The Secretary shall not approve the management program submitted by a state pursuant to Section 306 unless the views of Federal agencies principally affected by such program have been ade- quately considered." Section 307(b)) In case of serious disagreement between any Federal agency and the State%in the development of the program, the Secretary, in COODeration with the Executive Office of the President, shall seek to mediate the differences. Section 307(a) and (b) Interim Regulations establish guidance on meeting impasses. Is a practical matter, the coastal management program is de- pendent for success upon reciprocal intergovernmental cooperation as the basis for achieving national coastal zone,management goals. While withdrawal remains a viable alternative, it is not expected that the California Coastal Management Program would be withdra@vn. The Coastal Act (Section 30008 and Section 16) envisions 'the use of CZMA funding to implement the program, a certain percentage of which would be used.by local governments to develop and implement the local coastal programs. The.application of Federal consistency and the certainty of eligibility for assistance under the Coastal Energy Impact Program, which is part of the national coastal zone effort, are also strong incentives for CalifornWs participation. 5. The State could amend the coastal management program.. Actual use of this alternative has been put into practice, and the management program and this re- vised draft-EIS are based on an alternative management program which-the State has decid 'ed to implement.. The Coastal Commission submitted a management program on July 30, 1976, bated on the Coastal Plan and SB 1S79. SB 1579 did not receive legislative approval, but SB 1277, the Coastal Act, did. The result -was that several changes occurred.in policies, boundaries, authorities, and other provisions and, there- fore, a new management program and EIS were required at this stage of the review process. Based upon the-circumstances which existed at the time of the State submission of its program to the Secretary of Commerce, the results of the Federal agency and public review process, and later program amendments, this alternative of amending the Senate program will always remain, although the chances have decreased considerably since the Legislature has enacted SB 1277, AB 400, and AB 3544. 139 In a program as complex as a comprehensiv6 approach to coas tal zone management, the number of.al- ternatives to each provision of each policy and institutional managements are essentially infinite. @For example, the Coastal Act provides that wetlands can be diked, filled, or dredged only-if (a) the existing functional capacity of the wetland is maintained or enhanced; (b) there is no less environ- mental damaging altefmative; and (c) the development conforms with an adopted comprehensive estuarine management plan, and for specific reasons. Using only the three activities regulated, the three con- ditions imposed, and the.various allowed uses, there are many possible combinations that are alter- natives to this policy (see Attachment F ). As mentionedat the outset, these policy decisions were made in public after weighing reasonable alternatives. Also, the policies in the Coastal Plan have been subjected to legislative-review, which led to incorporation of a number of changes contained in the present program. PARr'V PROBABLE ADVEPSE ENVIROWENTAL EFFECTS WHIM CANNOT BE AVOIDED A review of the California Coastal @fanagement Program policies which would be used as a basis for decision-making indicates that the probable effects of program implementation would be environ- mentally beneficial. However, there would probably be a number of adverse impacts to both the natural and socio-economic environments. Development attributed to new growth and economic needs will be concentrated in some areas rather than continue the expanded. use of new land whether that be sprawl or otherwise. While consolidation or concentrated development has the positive attribute that it preserves for atime other resources, it also can cause congestion or the concentration of pollutants, and be generally costly from an economic standpoint. Numerous adverse impacts will continue to be associated with the siting of major facilities for purposes of defense,. transportation, energy requirements, and others in which both the State and Federal governments have interest. The program makes provisions for consideration of the siting of facilities which are in the national interest. It is important to note, however, that each such pro- ject will be,evaluated as to the impacts-associated. with development by both NEPA and CEQA. That is, investigations will be made, alternatives considered, etc. Some agricultural lands would probably continue to be converted to other uses. Studies are now underway with a pilot project to determine the feasibilit@ of carefully managing this growth conver- sion so that the taking of productive lands is minimized, the utilization of land is maximized, and the least social impacts occur at any one time. It is very difficult to-determine precisely what impacts will occur as a result of program implementation, but it is clear what impacts have.occurred without it and which created the need in the eyes and minds of the Califoriiia public. Because this is an evaluation of a comprehensive plan and potential program, two things should be remembered with respect to adverse impacts: (1) the development of this Program has been a very thorough process-based on broad support, extensive input from all the various.institutional interests, scientific and technical information and generally will represent the majority viewpoint of public interests in development and preservation of California's coastal resources. The basic thrust to these resources so that they can continue to be utilized and-enjoyed by those future generations as well as by present users. (2) an adeq'uate process has been established tq ensure that environmental effects are kept to a minimum on a development project by project basis. This process has been described earlier (see discussion on '71itigation Measures," Part 111, 4). 141 PART VI RELATIONSHIP BETWEEN LOCAL SHORT-TEMA USES OF THE F_WIRO@VENT ANT) TIM @IAINTENANCE ANT) ENHANM1ENT OF LONG-TEJ;T11 PRODUCTIVITY While approval of the California Coastal tfanagement Program will restrict some local, short-term uses of the environment, it will also provide long-term assurance that the natural -resources and benefits provided by the-California coast will be available for future use and enjoyment. This time is central to the State and Federal program . The California Coastal Nfanagement Program does the following: A. Short-Term Uses (1) Does not prohibit future developme nt but creates a system of guided growth based on agreed upon State policies for coastal land and water.uses. (2) Recognizes that some energy facilities and coastal-dependent developments have adverse environnental-conseauences, but that they may still have to be located in the coastal zone to protect the inland environment as well as help provide for orderly economic development. (3) Program allows some short-term uses in the coastal zone but requires future developments to restore other parts of the coastal zone, providing for long-term benefits. .B. Long-Term Uses (1) Recognizes the coastal zone is delicately balanced ecosystem. (2) Ensures the permanent protection of the State's natural and scenic resources. (3). Assures orderly and balanced utilization and conservation of coastal resources. (4) Sets forth sound resources conservation princip les in objectives, goals, and regulations. (S) Provides for an infrastructure which can protect -regional, State, and national interests by assuring the maintenance of the long-term.productivity and economic vitality of coastal resources necessary for the well-being of the public, and to,avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources. Without the implementation of rationally based land and water use management pTograms, intense short-term uses and gains, such as provided by residential or industria '1 development, might be realized. However, suc@ uses would most likely result in long-term -restrictions on coastal resource use and benefit because of degradation of the environment. Without proper management the traditional conflicts between coastal resource users -- residential, commercial, industrial, recreational, agri- cultural, and wildlife -- could he expected to occur. By providing a sound basis for decision-making, and by protecting the important segments of the natural system, the management program will directly contribute to the long-term maintenance of the environment. Public use and access preserves many options for future public use that may have been foreclosed without the program. It has often been the case that where restrictions are imposed, on a propospd development, that technical and innovative improvements are generated, thereby bringing more returns from less opportunity. Implementation of the program will result in minimization of the social costs which inevitably accompany environmentally destructive development, the mitigation of which requires T)ublic investment. 142 PAPT VI I IPR,T:57r-,R,13IBLE OR IRRETRIEVABLE COWITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THF PROPOSED AMON SHOULD IT BF INPLRENED The approval of the California Coastal @Ianagement Program will not in itself lead to the loss of resources that a site specific project would. Tradeoffs will have to be made based on policy guidance from the Coastal Act. For instance, some urbanized areas or less intensive industrial areas may -receive greater development pressures and a commitment of the surrounding resources because-of the .policy to concentrate development in already developed areas. Also, the program provides that priority will be given to coastal-dependent development (indusi: trial, commercial, and recreational) which in turn is often the most damaging to the development and is located in the coastal zone to utilize the resources. However, in almost all cases, the program establishes criteria and standards for siting and requires that strong mitigation measures be taken. Development will occur in the absence of program approval, but the California Coastal-Management Pro- gram will channel such activity toward appropriate but discreet sites based on specific land and.water use consideration. The existing economic system of allocating coastal resources among various uses has been labeled. as "wasteful" and is not a system which has generally allowed the theoretical maximization of economic benefits.* It is believed that the only way to correct the misallocation of resources resulting from the present system of the private market being'regulated by an uncoordinated array of Federal, State, and local regulations, is to allow for a carefully reasoned and coordinated public intervention tc take place. This is the basis of the Federal and State coastal management program. Therefore, until it is proven different, it can be expected that there will be a net economic as well as an enviTon- mental gain through the use of a coordinated comprehensive plan and program at both the State and local government level. The program contains numerous-proposed immedia te acquisition areas to come under public owner- ship. If these sites are acquired and/or restored, they would be taken off the tax base to local government and be precluded from further development. While this.is a commitment of these resources, it does not necessarily follow that it is an irreversible or irretrievable commitment; indeed, one can state that future opt-ions will continue to remain open as long as these areas are properly managed. 143 PART VI I I CONSTTLTATION.ANT) COORDINATION Extensive consultation, coordination, and input has been received in developing,the California Coastal Management Program and likewise this draft FIS. Because the program was developed with the natural and human environment in mind many alternatives have been condisered. The Office of Coastal Zone Management requires that a State conduct an environmental impact assessment on their coastal management program prior to any approval of the program. This assessment is then used in developing the draft FIS. Additional input has been received from various Federal agencies throughout the duration of a State's program development period, on such@things as theimpact of the program on the Federal agency programs as well as an analysis of the program. The development of the California Coastal Management Program has been one of the most thorough, well publicized and documented processes ever, and rather than redescribe this very substantial State effort, the reader is invited to read several relevant sections of documents which pertain to con- sultation, coordination, and the public and private interest input which has,been solicited and acted upon. The following references pertain: 1. Ilow the-Coastal Plan Was-Prepared," p. 430 of the-Coastal Plan, 2. Part II, Chapter 13 of this draft EIS. 3. Additional documentation exists at OCZM dealing with Federal, State, and local government participation and.public involvement.- Coordination with all local, State, Federal, public,and private interests remains a key component of the California Coastal Management Program. Local governments will have the major responsibilities for the Coast and they, are the most accessible and accountable totheir constituents. Local govern- ments are required to bring their General Plans into conformity with the Coastal Act after which the Coastal Commission would certify and approve@their plans. Continuous consultation and coordination will thus continue at all institutional levels during the local plan development, the State permit and appeals system and subsequently, the local accountability to the public. 144 APPENDIX 1 THE CALIFORNIA COASTAL ACT (SB 1277) AND STATE COASTAL CONSERVANCY (AB 3544) APPENDIX la THE CALIFORNIA COASTAL ACT (SB 190-77) SB.1277 (Smith et al) 7/22/76 OUTLINE TABLE OF CONTENTS SECTION 1: Division 20, Calif. Coastal Act Chapter 1. Findings, Declarations, General Provisions P. I 30000. Name. 30001. General declarations coast is -valuable, must be protected, etc. 30001.2 Economic development may be permitted even though it has adverse'impacts. 30001.5 Basic goals (protect, maintain, enhance orderly use; maximize access; coastal dependent uses, coordinated planning). 30002. Acknowledgment of Coastal Plan. 30003. Public agency compliance. 30004. (a) Major role of local government. (b) and (c) Continued state coastal management needed to ensure consistency, local- regional-state-federal coordination, etc. 30005. No limitation on existing authority. 30006. Public participation. 30007. No exemption from existing housing requirements. 30007 .5 During conflicts, on balance protect coastal resources. 30008. For CZM, this act is management program. 30009. Liberally construed. 30010. Prbtect private property rights. Chapter 2. Definitions - P. 2 Key: 30103. Coastal zone. 30106. Development. 30116. Sensitive coastal areas. Chapter 3. Planning and Management Policies P. 5 Article 1. General: this chapter is basis for LCP and development determinations. Article 2. Public Access Key: 30210. Maximum access. 30211. Protect historic use areas. 30212. Provide accessways. 30213. Low cost housing and tourist facilities. Article 3. Recreation Key: 30221-2. Priority for recreation uses. 30224. Recreational boating. la-i Article 4. Marine Environment Key: 30231. Water quality. 30233. Diking, filling, dredging. 30235. Shoreline structures. 30236. Stream structures. Article 5. Land Resources Key: 30240. Sensitive habitats. 30241. Prime agriculture-lands. 30243. Soils and forestry. Article 6. Development Key: 30250. Concentrate development. 30251. Protect scenic resources. 30252. Development and access. 30253. Avoid hazards and protect special.communities. 30254. Public service facilities. 30255. Coastal - dependent receive priority. Article 7. Industrial Development Key: 30260. Coastal - dependent industries. 30261(a)Tanker terminals (b)ING 30262., Oil and gas development. 30263. Refineries. 30264. Power plants. Chapter 4. Creation . . . Powers of Commissions P. 10 Article 1. Creation & Membership Key: 30301. 15-member commission; local officials replace regional reps. 30301.2 Local officials chosen from city & county officials. 30301.5 State officials are non-voting. 30302. Regional commissions. 30303. Selection of regional commissions. 30305. Phase-out of regionals by 1/1/81. Article 2. Qualifications & Organization Article 3. Powers & Duties Key: 30330. Commission is coastal mgt. agency. 30333. May adopt rules and regulations 30336. Assist and be assisted by other agencies. 30337. Joint development permit application. 30339. Ensure public participation measures. 30342. Report to Gov. & Leg. on implementation of act. Chapter 5. State Agencies p. '15 Article 1. General Key: 30401. No limit or change of existing authority. 30402. State agency consistency. 30403. Coastal programs as basis for functional plans. 30404. RecoTmnendat ions to other agencies. Article,2. State Agencies Key: 30410. BCDC; recom by July 1978. 30411. Fish & Came; evaluate degraded wetlands. 30412. Water Resources Control Board. 30413. Energy Commission; commission designation of inappropriate areas, comments on NOIs. la-ii 30414. Air Resources Board. 30415. Office of Planning & Research. 30416. State Lands Commission. 30417. Board of Forestry; special treatment areas. 30418. Div of oil & gas. Chapter 6. Implementation P. 19 Article 1. Local Coastal Program Key: 30500. Local gvtIs to prepare or request commission to prepare LCPs within coastal zone. 30501. Guidelines, schedule set by commission. 30502. Commission designates sensitive areas. 30503. Public participation. 30504. Special districts. Article 2. Procedure for Preparation . . . Certification Key: 30511. LCPs may be submitted in phases or geographic units. 30512. Procedure'for land use plan certification. 30513. Procedure for zoning certification. 30514. Amendments to.certified programs. 30515. Amendments for public works projects. 30518. Actions if no LCP certified by 1981. 30519. After LCP, local gvt does development review. 30521. Priority to pilot programs. Chapter 7. Development Controls - P. 23 Article 1. General Provisions Key: 30600. Coastal dvt permit; may be issued by local gvt. prior to LCP. .30601. Coastal permits for dvt on or near tidelands, major public works, etc. must be obtained from the commissions. 30603. Limited appeals afterLCPs certified. 30605. Early review of public works projects. 30607.1 Wetland replacement. 30608. Vested rights exempted. 30610. Exclusion of repairs, etc; other categories by 2/3 vote of commission.* 30610.5 Urban exclusion from permit process. 30611. Emergency permits exclusion. Article 2. Development Control Procedures Key: 30620. Commission procedures for dvt. review. 30624. Provision for administrative permits. 3062S. Appeals provisions. Chapter 8. Ports - P. 29 Article 1. Findings & General Provisions Article 2. Policies Article 3. Implementation; Niaster Plan 30715. Appealable.dvts after port master plan. Chapter 9. Judicial Review - P. 32 Article 1. General Provisions' Article 2. Penalties Chapter 10. Severability P. 33 SECTION 2-13: Code wording changes for' consistency. P. 33 SECTION 14: Revenue code change to make LCPs an enforceable restriction. P. 36 SECTION 15: Water code to include coastal water quality policies. P. 37 SECTION 16: Appropriation. - P. 37 SECTION 17: Coastal Zone delineated on maps. P. 38 la-iv SB 1277 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. "Division 20 (commencing with,Section 30000) is added tothe Public Resources Code to read: DIVISION 20, CALIFORNIA COASTAL ACT Chapter 1. FINDINGS AND DECLARATIONS AND GENERAL PROVISIONS 30000. This division shall.be known and may be cited as the California Coastal Act of 1976. 30001. The Legislature hereby finds and-declares: (a) That the California-coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem. (b) That the permanent protection of the state's natural and scenic resources is a paramount concern to present and future residents of the state and nation. (c). That-to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioration and destruction. 30001.2. The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent develop- ments, including ports and commercial fishing facilities, offshore'petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state. 30001.5. The' Legislature further finds and declares that the basic goals of the state for the coastal zone are to: (a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources. (b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recrea- tional opportunities in the coastal zone consistent with sound resources conservation -principles and constitutionally protected rights of private propert-y owners. (d) Assure priority for coastal-dependent development over other development on the coast.. (e) Encourage state and local initi-atives and cooperation-in preparing pro- cedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. 30002. The Legislature further finds and declares that: (a) The Cali.fornia Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation Act of 1972-(commencing with Section 27000). has made a detailed study of the coastal zone; that there has been extensive-par- ticipation by other governmental agencies, private interests,.,and the general public in the study; and that, based on the study, the commission has prepared a.plan for the orderly, long-range conservation, use, and management of the.natural, scenic, cultural, recreational, and manmade resources of the coastal zone. (b) Such plan contains a series of recommendations which require implementation by the Legislature and that some of those recommendations are appropriate for.immediate implementation as provided for in this division while others require additional review. 30003. All public agencies and-all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply With the provisions of this division@ 30004. The Legislature further finds and declares that: (a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local-land use planning procedures and enforcement. la-l (a) To achieve maximum responsiveness to local conditions, accountability, and public planning procedures and enforcement. (b) To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California's coastal resources, to protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to - provide for continued state coastal planning and management through a state coastal. commission. 30005. No provision of this division is a limitation on any of the following: (a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone. (b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance. (d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief. 30006. The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and development; that achievement of sound coastal conservation and development is dependent upon public understanding and support; and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation. 30007. Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate- income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted. 30007.5. The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies. 30008. This division shall constitute California's coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources; provided, however, that pursuant to the Federal Coastal Zone Management Act of 1972, excluded from the coastal zone are lands the use of which is by law subject solely to the dis- cretion of or which is held in trust by the federal government, its officers or agents. 30009.* This division'shall be liberally construed to accdr*l-i-sh its purposes and objectives. 30010. -The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the regional commission, the commission, port governing body, or local government acting pursuant to this division to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States. Chapter 2. DEFINITIONS 30100. Unless the context otherwise requires, the definitions in this chapter govern the interpretation of this division. 30100.5. "Coastal county" means a county or city and county which lies, in whole or in part, within the coastal zone. 30101. "Coastal-dependent development or use" means any development or use which require7s a site on, or adjacent to, the sea to be able to function at all. 30101.5. "Coastal development permit" means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600. la-2 30102. "Coastal plan' means the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of-1972 (commencing with Section 27000). 30103. (a) "Coastal zone" means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division, extending seaward to the state's outer limit of jurisdiction ' including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone.generally extends . inland less than 1,000 yards. The coastal zone does not include the area of juris- diction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. (b) The commission shall, within 60 days after its first meeting, prepare and adopt a detailed map, on a scale of one inch equals 24,000 inches for the coastal zone and shall file a copy of such map with the county clerk of each coastal county. The purpose of this provision is to provide greater detail than is provided by the maps identified in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division. 'The commission may adjust the inland boundary of the coastal zone the minimum landward distance necessary, but in no event more than 100 yardsto avoid bisecting any single lot or parcel or to conform it to readily identifiable natural or manmade features. 30105. (a) "Commission" means the Calif9rnia Coastal Commission. Whenever the term.California Coastal Zone Conservation Commission appears in any l.aw, it means the California Coastal Commission. (b) 11 Re ona o7issi on" means any regional coastal commission. Whenever the term regionfli coalstCal one conservation commission appears in any law, it means the regional coastal commission. 30106. "Development' means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste '; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including,but not limited to, subdivision pursuant to the Subdivision Map Act (com- mencing with Section 66410 of the Government Code),.and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of.any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber opera- tions which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any,building, road, pipe,.flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. 30107. "Energy facility" means any public or private processing, producing, gen- erating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. 30107.5 "Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 30108. "Feasible" means capable of being accomplished in a successful manner within a rea-sonable period of time, taking into account economic, environmental, social, and technological factors. 30108.2. "Fill" means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area. 30108.4. "Imp7ementinq actions" means the ordinances, regulations, or programs which implement either the provisions of the certified local coastal program or the policies of this division and which are submitted pursuant to Section 30502. 30108.5. it Land use plan" means the relevant portions of a local government's gen- eral plan, or local coasta element which are sufficiently detailed to indicate the -kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. la- 3 30108.55 "Local coastal element" is that portion of a general plan applicable to .the coastal zone which may be prepared by local government pursuant to this division, or such additional elements of the local government's general plan prepared pursuant to subdivision (k) of Section 65303 of the Government Code, as such local government deems appropriate. . 30108.6 "Local coastal program' means a local government's land use plans, zoning ordinances, zoning district maps, and implementing actions which, when taken together, meet the requirements of, and implement the provisions and polities of, this division at the local level. 30109. Local government" mean.s any chartered or general law city, chartered or general law county, or any city and county. 30110. "Permit" means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division. 30111. "Person" means any individual, organization, partnership, or other business- association Tr -Corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. 30112. "Port governing body" means the Board of Harbor Commissioners or Board of Port Commissioners which has authority over the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District. 30113. "Prime agricultural land" means those lands defined in Section 51201 of the Government Code. 30114. "Public works" means the following: (a) All 'Production, storage, transmission,and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Com- mission except for energy facilities. (b) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and otherrelated facilities. For purposes of this division, neither the.Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor-any of the developments within these ports shall be 'considered public works. (c) All publicly financed recreational facilities and any development by a special district. (d) All com@unity college facilities. 30115. "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control, and drainage channels. 30116. "Sensitive coastal resource areas" means those identifiable and geographi- cally bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following: (a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as map ed and designated in Part 4 of the coastal plan. M Areas possessing significant recreational value. (c) Highly scenic areas. (d) Archaeological sites referenced in the California Coastline and Recreation. Plan or as designated by the State Historic Preservation Officer. (e) Special communities or neighborhoods which are significant visitor destination areas. M Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons. (g) Areas where divisions of land could substantially impair or restrict coastal access. 30118. "Special district.." means any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. "Special district" includes, but is not limited to, a county service area, a mainte- nance -district or area, an improvement district or improvement zone, or any other zone or area, formed for-the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area. 30118.5. "Special treatment area" means an identifiable and geographically bounded forested area withi@'_thecoastal zone that constitute a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect public recreation area or the biological productivity of any wetland, estuary, or stream especially valuable because of its-role in a coastal ecosystem. la-4 30119. "State University or college" means the University of California and the California -State University and Colleges. . 30120. "Treatment works" shall have the same meaning as set forth in the Federal Water Pollution Control (33 U.S.C. 1251, et seq.) and any other federal act which amends or supplements the Federal Water Pollution Control Act. 30121. "Wetland" means lands within the coastal zone which may be covered per- iodically or permanently with shallow water and include saltwater marshes, fresh- water marshes, open-or closed brackish water marshes, swamps, mudflats, and fens. Chapter 3. COASTAL RESOURCES PLANNING AND MANAGEMENT POLICIES Article 1. General 30200. Consistent with the basic goals set forth in Section 30001.5, and except as may be otherwise specifically provided in this division, the policies of this chapter shall constitute the standards by which the adequacy of local coastal pro- grams, as provided in Chapter 6 (commencing with Section 30500), and,the permissi- bility of proposed developments subject to the provisions of this division are determined. All public agencies carrying out or supporting activities outside the coastal zone that could have a direct impact on resources within the coastal zone .shall consider the effect of such actions on coastal zone resources in order to assure that these policies are achieved. Article 2. Public Access 30210. In carrying out the requirement of Section 2 of Article XV of the Califor- nia Constitution, maximum access, which shall be conspicuously posted, and recrea- tional opportunities shall be provided for all the people consistent with public safety needs and the heed to protect public rights, rights of private property owners, and natural resource areas from overuse. 30211. Development shall not interfere with the public's right of access to the sea where acquired through use, or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. 30212. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal-resources; (2) adequate access exists nearby, or, (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 2 of Article XV of the California Constitution. 30212.5. Wherever appropriate and feasible, public facilities, including-parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area.- 30213. Lower cost visitor and recreational facilities and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. New housing in the coastal zone shall be developed in conformity with the standards, policies, and goal-s of local housing elements adopted in accordance with the requirements of subdivision (c) of Section 65302 of the Government Code. Article 3. Recreation 30220. Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water-areas shall be protected for such uses. 30221. Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable fuiure demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area.. la-5 30222. The use of private lands suitable for' visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not-over agriculture or coastal-dependent industry. 30223. Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible. 30224. Increased recreational boating use of coastal waters shallbe encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additi-onal berthing space in existing harbors, limit- ing non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Article 4. Marine Environment 30230. Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special bio- logical or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. 30231. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintainedand, where feasible, restored through, among,other means, minimizing adverse effects of waste water discharges and ent *rainment, controlling runoff, preventing depletion of ground water supplfes and substanti'al interference with @urface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habit&ts, and minimizing alteration of n4tural streams'. 30232. Protection against the spillage of crude oil, gas, petroieum proaucts, or hazardous substances shall be provided in relation to any development or trans- portation of such materials. Effective containment and cleanup facilities and pro- cedures shall be provided for accidental spills that do occur. . 30233. (a) The diking, filling, or dredging of open coastal waters, wetlands, 'estuaries, and lakes shall be permitted in accordance with other applicable prov 'isions 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 facili- ties, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in exist-. -ing navigational channel,s, turning basins, vessel berthing.and mooring areas, and boat launching.ramps. (3) In wetland areas only, entrance channels for new or expanded boating facili- ties; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded w6tland is restored and maintained as a biologically productive wetland; provided, however, that in no event shall the size of the wetland area used for such boating facility, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, be greater than 25 percent of the total wetland area to be restored. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded-boating facilities. (5) Incidental public service purposes, including, but not limited to,burying cables and pipes or inspection of piers and maintenance of existing intake and out- fall lines. (6) Mineral extraction, including sand for restoring beaches, except in environ- mentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource-dependent activities. (b) Dredging and spoils disposal shall be planned and carried out to avoid sig- nificant disruption.to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such 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 Game, including, but not limited5to the 19 coastal la-6 wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California" shall be limfted to very minor incidental public facili- ties, 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. 30234. Facilities serving the commercial fishing and recreational boating indus- tries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boatin4 facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fish- ing industry. 30235. Revetments, breakwaters, groins, harbor channels, seawalls, cliff- retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect exist- ing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contrib uting to pollution problems and fishkills should be phased out or upgraded where feasible. 30236. Channelizations, dams,-or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such pro- tection is necessary for public safety or to protect existing development, or, (3) developments where the primary function is the improvement of fish and wildlife habitat. Article 5. Land Resources 30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat.values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.. 30241. The maximum amount of prime agri 'cultural land shall be maintained in agricultural production to assure-the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural and urban land uses through all of the following: (a) By establishing stable boundaries separating urban and rural areas, including, .where necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban land uses. (b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands where the viability of existing agricultural use,is already s:everely limited by conflicts with urban uses and where the.conversion of the lands would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development. (c) By developing available lands not suited for agriculture prior to the con- version of agricultural lands. (d) By assuring.that public service and facility expansions and non-agricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water quality. (e) By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to tubdivision (b) of this section, and all development adjacent to prime agricultural lands shall not diminish the productivity of such prime agricultural lands. 30242. All other lands suitable for agricultural use shall not be converted to non-agricultural uses unless: (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands. j0243. The 16ng-term productivity of soils and timberlands shall be protected,. and conversions of coastal commercial timberlands in units of commercial size to other uses or their division into units of non-commercial size shall be limited to providing for necessary timber processing and related facilities. 30244. Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable miti gation measures shall be required. la-7 Article 6. Development 30250. (a) New development, except as otherwise provided in this division, shall be located within, contiguous wi 'th, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with'adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases, for agri -cultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels. (b) Where feasible, new hazardous industrial development shall be located away from existing developed areas. . (c) Visitor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of attraction for visitors. 30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas', to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. 30252. The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing non-automobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high- intensity'uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new resAdents will not overload.nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of on-site recreational facilities to serve the new development. 30253. New'development shall@ (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or Sur- rounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (3) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control.Board as to each particular development. (4) Minimize energy consumption and vehicle miles traveled. (5) Where appropriate, protect special communities and neighborhoods which, because of thetr unique characteristics, are popular visitor destination points for recreational uses. 30254. New or expanded public works facilities shall be designed and limited to accommodate needs generated by"development or uses permitted consistent with the provisions of this division; provided, however, that it is the intent of the Legis- lature that State Highway Route 1 in rural areas of the coastal zone remain a scenic two-lane road. Special districts shall not be formed or expanded except where assessment for, and provision of, the service would not induce new development inconsistent with this division. Where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal- dependent land use, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor-serving land uses shall not be precluded by other development. 30255. Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided elsewhere in this division, coastal- dependent developments shall not be sited in a wetland. Article 7. Industrial Development 30260. Coastal-dependent industrial facilities shall be encouraged to locate or expand within@existing sites and shall be permitted reasonable long-term growth where consistent with t1his division. However, where new or expanded coastal- la-8 dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they. may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (1) alternative locations are infeasible or more environmentally damaging; (2) to do otherwise would adversely affect the public welfare; and (3) adverse environmental effects are mitigated to the maximum extent feasible. 30261. (a) Multicompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible, except where to do so would result in increased tanker operations and associated onshore development incompatible with the land use and environmental goals for the area. New tanker terminals outside of existing terminal areas shall be situated as to avoid risk to environmentally sensitive areas and shall use a monobuoy system, unless an alterna- tive type of system can be shown to be environmentally preferable for a specific site. Tanker facilities shall be designed to (1) minimize the total volume of oil spi.lled, (2) minimize the risk of collision from movement of other vessels, (3) have ready.access to the most effective feasible containment and recovery equipment for oilspills, and (4) have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required. (b) Only one liquefied natural gas terminal shall be permitted in the coastal zone until engineering and operational practices can eliminate any significant risk to life due to accident or until guaranteed supplies of liquefied natural gas and distribution system dependence on liquefied natural gas are substantial enough that an interruption of service from a single liquefied natural gas facility would cause substantial public harm. Until the risks inherent in liquefied natural gas terminal operations can be sufficiently identified and overcome and such terminals are found to be consistent with the health and safety of nearby human populations, terminals shall be built only at sites remote from human population concentrations. Other unrelated development in the vicinity of a liquefied natural gas terminal site which is remote from human population concentrations shall be prohibited. At such time as liquefied natural gas marine terminal operations are found consistent with public safety, terminal sites only in developed or industrialized port areas may be approved. 30262. Oil and gas development shall be permitted in accordance with Section 30260, if the following conditions are met: (a) The development is performed safely and consistent with the geologic con- ditions of the well site. (b) New or expanded facilities related to such development are consolidated, to the maximum extent feasible and legally permissible, unless consolidation will have adverse environmental consequences and will-not-significantly reduce the.number of producing wells, support facilities, or sites required t6 produce the reservoir economically and with minimal environmental impacts. . (c) Environmentally safe and feasible subsea completions are used when drilling platforms or islands would substantially degrade coastal visual qualities unless use.of such structures will result in substantially less environmental risks. (d) Platforms or islands will not be-sited where a substantial hazard to vessel traffic might result from the facility or related operations, determined in consul- tation with the United States Coast Guard and the Army Corps of Engineers. (e) Such development will not cause or contribute to subsidence hazards unless it it determined that adequate measures will be undertaken to-prevent damage from such subsidence. (f) With respect to new facilities, all oilfield brines are reinjected into oil-producing zones unless the Division of Oil and-Gas of the Department of Conser- vation determines to do so would adversely affect production of the reservoirs and unless injection into other subsurface zones will reduce environmental risks. Exceptions to reinjections will be granted consistent with the Ocean Waters Discharge Plan of the State Water Resources Control Board and where adequate provision is made for the elimination of petroleum odors and water-quality problems. Where appropriate, monitoring programs to record ' land surface and near-shore ocean floor movements shall be initiated in locations of new large-scale fluid extraction on land or near shore before operations begin and shall continue until surface conditions have stabilized. Costs of monitoring and mitigation programs shall be borne by liquid and gas extraction operators. . 30263. (a) New or expanded refineries or petrochemical facilities not other- wise consistent with the provisions of this division shall be permitted if (1) alternative locations are not feasible or are more environmentally damaging; (2) adverse environmental effects are mitigated to the maximum extent feasible; (3) it is found that not permitting such development would adversely affect the public Welfare; (4) the facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas; and. (5) the facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property. la-9 (b) In addition to meeting all.applicable air quality standards, new or expanded refineries or petrochemical facilities shall be permitted in areas designated as air quality maintenance areas by the State Air Resources Board and in areas where coastal resources would be adversely affected only if the negative impacts of the project upon air quality are offset by reductions in gaseous emissions in the area by the users of the fuels, or, in the case of an expansion of an existing site, total site emission levels, and site levels for each emission type for which-national or state ambient air quality standards have been established do not increase. (c) New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible. 30264. Notwithstanding any other provision of this division, except subdivisions (b) and (c),of Section 30413, new or expanded thermal electric generating plants may be constructed in the coastal zone if the proposed coastal site has been deter- mined by'the State Energy Resources Conservation and Development Commission to have greater relative merit pursuant to the provisions of Section 25516.1 than available alternative sites.and related facilities for an applicant',s service area which have been.determined to be acceptable pursuant to the provisions of Section 25516. Chapter 4. CREATION, MEMBERSHIP, AND POWERS OF COMMISSION AND REGIONAL COMMISSIONS Article 1. Creation, Membership of Commission and Regional Commission 30300. There is in the Resources Agency the California Coastal Commission and, until not later than June 30, 1979, six regional coastal commissions. 30301. The commission shall consist of the following 15 members: (a) The Secretary of the Resources Agency. (b) The Secretary of the Business and Transportation Agency. (c) The Chairperson of the State Lands Commission. (d) Six representatives of the public, who shall not be members of any regional. commission, from the state at large. The Governor, the Senate Rules Committee, and the Speaker of the Assembly shall each appoint two of such members. (e) Six representatives from the regional commissions, selected by each regional commission from among its members. Within 60 days after the termination of any regional commission pursuant to Section 30305, the member on the commission shall be replaced by a county supervisor or city councilperson who shall reside within a coastal county of such region, to be appointed as follows: (1) Upon the termination of the first regional commission, the Governor shall appoint the first member under this subdivision. (2) Upon the termination of the second regional commission, the Senate Rules Committee shall appoint the second member under this subdivision. (3) Upon the termination of the third regional commission, the Speaker of the Assembly shall appoint the third member under this subdivision. (4) Upon the termination of the fourth, fifth, and sixth regional commissions, the process of appointment of the members of commissions under paragraphs (1), (2), and (3) of this subdivision shall be repeated in that order. In any event, each regional commission's representative on the commission shall continue to serve until the new member has been appointed pursuant to this subdivision. 30301.2 (a) The appointments of the Governor, the Senate Rules Committee, and the Speaker of the Assembly, pursuant to subdivision (e), of Section 30301, shall be made in the following manner: Within 30 days after the termination of a regional commission, the boards of supervisors and city selection committee of each county within the region shall nominate supervisors or council members from which the Governor, Senate Rules Committee, or Speaker of the Assembly shall appoint a replacement. In regions composed of three counties, the boards of supervisors and the city selection-commi'ttee in each county within the region shall each nomi- nate one or more supervisors or council members. In regions composed of two counties, the boards of supervisors and the city selection committee in each county within the region shall each nominate no less than two supervisors and two council members. In regions composed of one county, the board of supervisors and city selection committee in the county shall nominate no less than three supervisors and three council members.- Immediately upon selecting the nominees, the board-of supervisors and city selection committee shall send the names of the nominees to -either the Governor, the Senate Rules Committee, or the Speaker of the Assembly whoever will appoint the replacement. la-10 (b) Within 30 days after receiving the names of the nominees pursuant to sub- division (a), the Governor, the Speaker of the Assembly, or the Senate Rules Com- mittee, whoever will appoint the replacement, shall either appoint one of the nominees or notify the boards of supervisors and city selection committees within the region that none of the nominees are acceptable and request the boards of supervisors and city selection committees to make additional nominees. -Within 60 days after receipt of a notice rejecting all the nominees, the boards of supervisors and city selection committees within the region shall nominate and send to the appointing authority additional nominees pursuant to subdivision (a). Upon receipt of the names of the nominees, the appointing authority shall appoint one of the nominees. 30301.5. (a) Members of the commission serving under subdivision (a), 0), or (c) of Section 30301 shall be nonvoting members and may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of such member pursuant to this division. (b) Any county supervisor or city councilperson appointed to the commission pursuant to subdivision (e) of Section 30301, may, subject to the confirmation of his or her appointing power, appoint an alternate member to represent him or her on the commission. The alternate shall serve at the pleasure of the county super- visor or city councilperson who appointed him or her and shall have all the powers and duties of a member of the commission. Appl-icable provisions of Section 30314 shall apply to alternates appointed pursuant to this subdivision. 30302. The six regional commissions shall be constituted as follows: (a) The North Coast Regional Commission for Del Norte, Humboldt, and Mendocino Counties shall consist of the following members: (1) One supervisor and one city concilperson from each county. (2) Six representatives of the public. (b) The North Central Coast Regional Commission for Sonoma, Marin, and.San Francisco Counties shall consist of the following members: (1) One supervisor and one city councilperson from Sonoma County and Marin County. (2) Two supervisors of the City and County of San Francisco. (3) One delegate of the Association of Bay Area Governments. (4) Seven representatives of the public. (c) The Central Coast Regional Commission for San Mateo, Santa Cruz, and Monterey Counties shall consist of the following me@bers: (1) one supervisor and one city councilperson from each county. (2) One delegate of the Association of Bay Area Governments. (3) One delegate of the Association of Monterey Bay Area Governments. (4) Eight representatives of the public. (d) The South Central Coast Regional Commission for San Luis Obispo, Santa Barbara, and Ventura Counties shall consist of the following members: (1) one supervisor and one city councilperson from each county. (2) Six representatives of the public. (e) The South Coast Regional Commission for Los Angeles and Orange Counties shall consist of the following members: (1) One supervisor from each county. (2) One city councilperson from the City of Los Angeles nominated by majority -vote of such city council and appointed by the president of such city council. (3) One city councilperson from Los Angeles County from a city other than Los Angeles. (4) One city councilperson from Orange County. (5) One delegate of the Southern California Association of Governments. (6) Six representatives of the public. (f) The San Diego Coast Regional Commission for San Diego County,.shall consist of the following members: (1) Two supervisors from San Diego County and two city councilpersons from San Diego County, at least one of whom shall be from a city which lies, in whole or in part, within the coastal zone. (2) Onecity councilperson from the City of San Diego, selected by the city. council of such city. (3) One member of the San Diego Comprehensive Planning Organization. (4) Six representatives of the public. 30303. The members of the regional commissions shall be selected or appointed as follows: (a) All supervisors, by the board of supervisors on which they sit. (b) All city councilpersons, except under paragraph (2) of subdivision (e) and paragraph (2) of subdivision (f) of Section 30302, by the city selection committee of their respective counties. (c) All delegates of regional agencies, by their respective agency. (d) All members representing the public at large, equally by the Governor, the Senate Rules Committee, and the Speaker of the Assembly; provided, however, that the extra member under paragraph (4) of subdivision (b) of Section 30302 shall be appointed by the Governor and the extra members under paragraph (4) of subdivision (c) of Section 30302 shall be appointed one by the Senate Rules Committee and one by the Speaker of the Assembly, respectivelv. 30304. A member of a regional commission who is also a supervisor from a county or city and county with a population greater than 400,000 may, subject to confirmation by his or her appointing power, appoint an alternate member to represent him or her at any regional commission meeting. The alternate shal-1 serve at the pleasure of the member who appointed him or her and shall have all the powers and duties as a member of the regional commission, except that the alternate shall only participate and vote in meetings in the absence of the member who appointed him or her. An alternate shall not be eligible for appointment to the commission as a regional representative to the commission. .30304.5 (a) The regional commission shall be established pursuant to the provisions of this chapter and shall, no later than January 11, 1977, select their representatives to the commission. (b) A regional commission shall take no action, other than selecting a repre- sentative to the commission as provided in subdivision (a), and shall have no powers, duties, or responsibilities pursuant to the provisions of this division unless and until the commission, pursuant to subdiv isi0n (c), has certified that'the regional commission for any region is necessary to expedite the review of local coastal programs and coastal development permit applications pursuant to the provisions of.this division. (c) The commission shall review the anticipated workload relative to the Drocessinq and review of local coastal programs and coastal development permits within each region of the coastal zone. If the commission determines that its workldad and ,the anticipated workload within any.region is of such magnitude that unreasonable delays will result unless the appropriate regional commission is authorized to review and process local coastal programs and coastal development permit applications, the commission shall, by majority vote of its appointed members, certify that such- regional commission is necessary to carry out the provisions of this division. Upon certification by the commission pursuant to this subdivision, the appropriate regional commission shall assume all the powers, duties and responsibilities provided in this div-ision. (d) In the absence of a certification pursuant to subJivis-ion (c); the commission shall, within any region of the coastal zone, assume all the powers, duties, and responsibilities of the regional commission as provided in this division. After certification pursuant to subdivision (c), the powers, duties and responsibilities of the commission and the appropriate regional commission shall be exercised in, the manner provided in this division. 30305. Each regional commission shall terminate within 30 days after the last local coastal program required within its region pursuant to Chapter 6 (commencing with Section 30500) of this division has been certified and all implementing devices have become effective or June 30, 1979, whichever is the earlier date. Upon the termination of any regional commission, the commission shall succeed to any and all of such regional commission's obligations, powers, duties, responsi- bilities, benefits, or legal interests. Article 2. Qualifications and Organization 30310. (a) It is the intent of the Legislature to provide, to the maximum extent possible, for a smooth transition and continuity between the coastal program established by the California Coastal Zone Conservation Act of.1972 (commencing with Section 27000) and this division. Except with respect to appointments made pursuant to subdivision (e) of Section 30301, at least one-half of each of the com- mission and regional commission member appointments by the Governor, the Senate Rules Committee, and the Speaker of the Assembly shall be persons who on November 30, 1976, were serving-as members of the California Coastal Zone Conservation Com@ mission or regional coastal zone conservation commissions established by the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000) unless such persons are not available for such appointment. . (b) In making their appointments pursuant to this division, the Governor, the Senate Rules Committee, and the Speaker of the Assembly shall make good faith efforts to assure that their appointments, as a whole, reflect, to the greatest extent feasible, the economic, social, and geographic diversity of the state. 30311. Notwithstanding any other provision of law, each member of the commission and each regional commission shall be appointed or selected on or before January 2, 1977. 30312. The terms of office of commission and regional commission members shall be as follows: la-12 (a) Any person qualified for membership because he or she holds a specified office as a locally elected official shall serve at the pleasure of his or her .selecting or appointing authority; provided, however, that such membership shall cease when his or her term of office as a locally elected official ceases. (b) Any member appointed by the Governor, the Senate Rules Committee, or the Speaker of the Assembly shall serve for two years at the pleasure of their appoint- ing power. Such members may be reappointed for succeeding two-year periods. (c) Members of the commission who are representatives of a regional commission shall serve on the commission at the pleasure of the regional commission. 30313. Vacancies that occur shall be filled within 30 days after the occurrence of the vacancy, and shall be filled in the same manner in which the vacating member was selected or appointed. 30314. Except as provided in this section, members or alternates of the commis- sion or any regional 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 such 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 or of any regional 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, however, that for each meeting no more than eight hours of preparation time shall be compensated as provided herein.. An alternate shall be entitled to payment and reimbursement.for the necessary expenses,incurred in participating in regional commission or commission meetings; provided, however, that only the member or his or her alternate shall receive such payment and reimbursement, and if both the member and alternate prepare for, in the case of alternates to the commission, attend, and participate in a 'ny portion of a regional commission or commission meeting, only the alternate shall be entitled to such payment and reimbursement. 1 30315. The commission and regional commission shall meet at least once a month at a place convenient to the public. All meetings of the commissi-on and each regional commission shall be open to the public. Unless otherwise specifically provided for in this division, a majority of the total appointed membership of the commission or of the regional commission, as the case may be, shall constitute a quorum and shall be necessary to approve any action-required or permitted under this division. 30316. The commission and each regional commission shall elect a chairperson and vice chairperson from among its members. .30317. The headquarters of the commission shall be in a coastal county, but it may meet and may exercise any or all of its powers in any part of the state. The commission shall designate the location of the headquarters for each regional commission within the region of such regional commission. After the termination of a regional commission pursuant to Section 30305, the commission may maintain regional offices, if it findsthat accessibility to, and participation by, the public will be better served or that the provisions of this division can be implemented more efficiently through the maintenance of such.offices. 30318. Nothing in this division shall predlude or prevent any member or employee of the commission or any regional commission who is also an employee of another public agency, a county supervisor or city councilperson, member of the Association of Bay Area Governments, member of the Association of Monterey Bay Area Governments, delegate to the Southern California Association of Governments, or member of the San Diego Comprehensive Planning Organization, and who has in such designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon such matter as a member or employee of the commission or any regional commission, as the case may be. Nothing in this section shall exempt any such member or employee of the commission or any regional commission, from any other provision of this article. Article 3. Powers and Duties 30330. The commission, unless specifically otherwise provided, shall,have the primary responsibility for the implementation of the provisions of this division and is designated as the state coastal zone planning and management agency for any and all purposes, and may exercise any and all powers set forth in the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) or any amendment thereto or any other federal act heretofore or hereAfter@enacted that relates to the planning or management of the coastal zone. In addition to any other authority, the commission may, except for a facility defined in Section 25110. arant or issue any certificate or statement required pursuant to any such federal law that an activity of any person, including any local, state, or federal agency, is-in conformity with the provisions of this division. With respect to any project outside the coastal zone that may have a substantial effect on the resources within the jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and for which any certifi- cation is required pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), such certification shall be issued by the Bay Conserva- tion and Development.Commission; provided however,,the commission may review and submit comments for any such project which affects resources within the coastal zone. 30331. The commission is designated the successor in interest to all remaining obliqations, Powers, duties, responsibilities. benefits, and interests of any sort of the California Coastal Zone Conservation Commissio-n and of the _@Tx req-ional coastal zone conservation commissions established by the California Coastal Zone Conservation Act-of -1972 _(commenc-fing with Section 27000). .30333. The,commission may adopt rules and regulations to carry out,the purposes and provisions of this division, and to govern procedures of the commission and regional commissions. Each regional commission may adopt any regulation or take any action it deems reasonable and necessary to carry out the provisions of this devision; provided, however, that no regulation adopted by a regional commission shall take effect until the commission has first reviewed such proposed regulation and found it consistent with this division. Except as provided in Section 30501 and subdivision (a) of Section 30620,.such rules and regulations shall be adopted in accordance with the Administrative Procedure Act (commencing.with Section 11370 of the Government Code), Such rules and regulations shall be consistent with this division and other applicable law. 30333.5. Notwithstanding any other provision of this division, the commission may, by a majority vote of the appointed members, remove any local coastal program or any portion thereof, any coastal development permit application or appeal there- from, from any regional commission for direct consideration and action by the commission for direct consideration and action by the commission where to do so would expedite the review of such local coastal program or coastal development permit application pursuant to this division. The commission shall make such removal where it finds that the regional commission is not processing the local coastal program or any portion thereof, a coastal development permit application, or appeal therefrom, in a. reasonably expeditious and timely manner. 30334. The commission and each regional commission, subject to the approval of the commission, may do the following: (a) Contract for any private professional governmental services, if such work or services cannot be satisfactorily performed by its employees. (b) Sue and be sued. The Attorney General shall represent the commission and any regional commission in any litigation or proceeding before any court, board, or agency of the state or federal government. 30334.5. In addition to the authority granted by Section 30334, the commission may apply for and accept grants, appropriations, and contributions in any form. 30335. The commission and each regional commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of his or her appointing power. The commission shall prescribe the duties and salaries of each executive director, and, consistent with applicable civil service laws, shall appoint and discharge any officer, house staff counsel, or employee of the commission or any regional commission as it deems necessary to carry out the provisions of this d1vision. 30336. The commission and each regional commission shall, to the maximum extent feasible,assist local governments in exercising the planning and regulatory powers and responsibilities provided for by this division where the local govern- ment elects to exercise such powers and responsibilities and requests assistance from the commission of regional'commissions, and shall cooperate with and assist other public agencies in carrying out this division. Similarly, every public agency, including regional and state agencies and local governments, shall cooperate with the commission and any regional commission and shall, to the extent their resources permit, provide any advice, assistance, or information the com- mission or regional commission may require toperform its duties and to more effectively exercise its authority. 30337. The commission shall, where feasible, and in cooperation with the.affected agency, establish a joint development permit application system and public hearing procedures with permit issuing agencies. 30338. By May 1, 1977, the commission, after full consultation with the State Water Resources Control Board, shall adopt regulations for the timing of its review of proposed treatment-works pursuant to the provisions of subdivision (c) of Section 30412. la-14 30339. The commiss'ion and each,regional commission shall: (a) Ensure full and adequate participation by all interested groups and the public at large in the commission's and each regional commission's work programs. (0) Ensure that timely and complete notice of commission and regional commis- sion meetings and public hearings is disseminated to all interested groups and the public at large. (c) Advise all interested group and the public at large as to effective ways of participating in commission and regional commission proceedings. (d) Recommend to any local government preparing or implementing a local coastal program and to any state agency that is carrying out duties or responsibilities pursuant to the provisions of this division, and additional measures to assure open consideration and more effective pblic participation in such programs or activities. 30340. The commission shall be responsible for the management and budgeting of any and all funds that may be appropriated, allocated, granted, or in any other way made available to the commission or any regional commission for expenditure. 30341. The commission or any regional commission, with the commission's approval, may prepare and adopt any additional plans and maps and undertake any studies it deems necessary and.appropriate to better accomplish the purposes, goals, and policies of this division; provided, however, that such plans and maps shall only be adopted after public hearing. 30342. The commission shall evaluate progress being made toward implementation of the provisions of this, division and shall submit a report to the Governor and Legislature on January 1 of every other year, commencing on January 1, 1979. Chapter 5. STATE AGENCIES Article 1. General 30400. it is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities. 30401. Except as otherwise specifically provided in this division, enactment of this division does not increase, decrease, duplicate or supersede the authority of any existing state agency. This chapter shall not be construed to limit in any way the regulatory controls over development pursuant to Chapters 7(commencing with Section 30600) and 8 (commencing with Section 30700), provided however, neither the commission nor any regional commission shall set standards or adopt regulations that duplicate regulatory controls established by any existing state agency pursua, nt to specific statutory requirements or authorization. 30402. All state agencies shall carry out,their duties and responsibilities in conformity with this division. 30403. It is the intent of the Legislature that the pol ,icies of this division and all local coastal programs prepared pursuant to Chapter 6 (commencing with Section 30500) should provide the common assumptions upon which state functional plans for the coastal zone are based in accordance, with the provisions of Section 65036 of the Government Code. 30404. The commission shall: periodically in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry, the State Water Resources Control Board and the California regional water quality control boards, the State Air Resources Board and air pollution control districts, the Department of Fish and Game, the Department of Parks and Recreation, the -the Division of Mines and Geology, Department of Navigation and Ocean Development, the Division of Oil and Gas, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage it to carry out its functions in a manner consistent with this division. The recom- mendations may include proposed changes in administrative regulations,, rules, and statutes. Each such state agency shall review and consider such recommendations and shall, within six months after receipt and in the event the recommendations are not implemented, report to the Governor and the Legislature its action and reasons therefor. Such report shall also include the agency'.,S comments on any legislation which may have been proposed by the commission. Article 2. State Agencies 30410. (a) The commission and the San Francisco Bay Conservation and Develop- ment Commission shall conduct a joint review of this division and Title 7.2 la-15 (commencing with Section 66600) of the Government Code to determine how the program administered by the San Francisco Bay Conservation and.Development Commiss ion shall be related to this division. Both commissions shall jointly present their recommendations to the Legislature not later than July 1, 1978. M It is the intent of the Legislature that the ports under the jurisdiction of the San Francisco Bay Conservation and Development Commission, including the Ports of San Francisco, Oakland, Richmond, Redwood City, Encinal Terminals, and Benicia, should be treated no less favorably than the ports under the jurisdiction of the commission covered in Chapter 8 (commencing with Section 30700) under the terms of any legislation which is developed pursuant to such study. 30411. (a) The Department of Fish and Game and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and neither the commission nor any regional commission shall establish or impose any controls with respect thereto that duplicate or exceed regulatory-controls established by such agencies pursuant to specific statutory req'uirements or authorization. (b) The Department of Fish and Game, in consultation with the commission and the Department of Navigation and Ocean Development, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with develop- ment of a boating facility as provided in subdivision (a) of Section 30233. Any such study shall include consideration of all of the following: (1) Whether the wetland is so severely.degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. (2) Whether a substantial portion of the degraded wetland, but in no event less. than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project. (3) Whether restoration of the wetland's natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained'in conjunction with a boating facility or whether there are other feasible wa@s to achieve such values. 30412. a) In addition to the provisions set forth in Section 13142.5 of the Water Code, the provisions of this section'shall apply to the commission and the State Water Resources Control Board and the California regional water quality control boards. (b) The State Water Resources Control Board and the California regional water quality control boards are the state agencies with primary responsibility for the coordination and control of water quality. The State Water Resources Control Board has primary responsibility for the administration of water rights pursuant to applicable law. The commission shall assure that proposed development and local coastal programs shall not frustrate the provisions of this section. Neither the commission nor any regional commission shall, except as provided in subdivision (c), modify, adopt conditions, or take any action in conflict with any determination by the State Water Resources Control Board or any California regional water quality control board in matters relating to water quality or the administration of water. rights. Except as provided in this section, nothing herein shall be interpreted in any .way either as prohibiting or limiting the commission, regional commission, local government, or port governing body from exercising the regulatory controls over development pursuant-to this division in a manner necessary to carry out the provisions of this division. (c) Any development within the coastal zone or outside the coastal zone which provides service to any area within the coastal zone that constitutes a treatment work shall be reviewed by the commission and any permit it issues,.if any, shall be determinative only with respect to the following aspects of such development: (1) The siting and visual appearance of treatment works.within the coastal zone. (2) The geographic limits of service areas within the coastal zone which are to be served by particular treatment works and the timing of the use of capacity of treatment works for such service areas to allow for phasing of development and use of facilities consistent with this division. (3) Development,.projections, which determine the sizing of treatment works for providing service within the coastal zone. The commission shall make these determinations in accordance with the policies of this division and shall make its final determination on a permit application for a treatment work prior to the final approval by the State Water Resources Control Board for the funding of such treatment works. Except as specifically provided in this subdivision, the decisions of the State Water Resources Control Board relative to the construction of treatment works shall be final and binding upon the commission and any regional commission. .(d) The commission -shall provide or require reservations of sites for the construction of treatment works and points of discharge within the coastal zone la-16 adequate for the protection of coastal resources consistent with the provisions of this division. (e) Nothing in this section shall require the State Water Resources Control Board to fund or certify for funding, any specific treatment works within the coastal zone or to prohibit the State Water Resources Control Board or any California regional water quality control board from requiring a higher degree of treatment at any existing treatment works. 30413. (a) In addition to the Provisions set forth in subdivision (d) Of Section 30241, and in Sections 25302, 25500, 25507, 25508, 25514, 25516.1, 25519, 25523, and 255,26, the provisions of this section shall apply to the commission and the State Energy Resources Conservation and Development Commission with respect to matters within the statutory responsibility of the latter. (b) The commission shall, prior to January 1, 1978, and after one or more public hearings, designate those specifi-c locations within the coastal zone where the location of a facility as defined in Section '25110 would prevent the achievement of the objectives of this division; provided, however, that specific locations that are presently used for such facilities and reasonable expansion thereof shall not be so designated. Each.such designation shall include a description of the boundaries of such,locations, the objectives of this division which would be so affected, and detailed findings concerning the significant adverse impacts that would result from development of a facility in the designated area. The commission shall consider the conclusions, if any, reached by the State Energy Resources Con- and Development Commission in its most recently promulgated comprehensive report issues Pursuant to Section 25309. The commission shall transmit a COPY of its report prepared pursuant to this subdivision to the State Energy Resources Conservation and Development Commission. (c) The commission shall every two years revise and update the designations specified in subdivision (b) of this section. The provisions of subdivision (b) of this section shall not apply to any sites abd related facilities specified in any notice of intention to file an application for certification filed with the State Energy Resources Conservation and Development Commission pursuant,to Section 25502 prior to designation of additional locations made by the commis@ion pursuant to t)his subdivision. (d) Whenever the State Energy Resources-Conservation and Development Commission exercises its siting authority and undertakes proceedings pursuant to the'provisions of Chapter 6 (commencing with Section 25500) of Division 15 with respect to any thermal powerplant or transmission line to be located, in whole or in part, within the coastal zone, the commission shal'l participate in such proceedings and shall receive from the State Energy Resources Conservation and Development Commission any notice of intention to.file an application fo 'r Certification of a site and related facilities within the coastal zone. The commission shall analyze each notice of intent and shall, prior to completion of the preliminary report required by Section 25510,'forward to the State Energy Resources Conservation and Develop- ment Commission a written report on the suitability of the proposed site and related facilities.specified in such notice of intent. The commission's report shall contain a consideration of,and findings regarding,all of the following: (1) The compatibility ofthe proposed site and related facilities with the goal of protecting coastal resources. (2) The degree to which the proposed site-and related facilities would conflict with other existing or planned coastal-dependent land uses at or near the site. (3) The pote *ntial adverse effects that the proposed site and related facilities would have on aesthetic values. (4) The potential adverse environmental effects on fish and wildlife and their habitats. @ (5) The conformance of the proposed site and related facilities with certified local coastal programs in those,jurisdictions which would be affected by,any such development . (6) The degree to which the proposed site and related facilities could reasonably be modified so as to mitigate potential adverse effects on coastal resources, minimize conflict with existing or planned coastal-dependent uses at or near the site, and promote the policies of this division. (7) Such other matters as the commission deems appropriate and necessary to carry out the provisions of this division. (e) The commission may, at its discretion, participate fully in other proceedings conducted by the State Energy Resources Conservation and Development Commission pursuant to its powerplant siting authority. In the event the commission participates .-in any public hearings held by the State Energy Resources Conservation and Development Commission, it shall be afforded full opportunity to present evidence and examine and cross-examine witnesses. (f) The State Energy Resources Conservation and Development Commission shall forward a copy of all reports it distributes pursuant to Sections 25302 and 25306 to the commission and the commission shall, with respect to any report that relates la-17 to the coastal zone or coastal zone resources, comment on such reports, and shall in its comments include a discussion of the desirability of particular areas within the coastal zone as designated in such reports for potential powerplant development. The commission may propose alternate areas for powerplant. development within the coastal zone and shall provide detailed findings to support the suggested alternatives. 30414. (a) The State Air Resources Board and local 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. Neither the commission nor any regional commission shall modify any ambient air quality or emission standard established by the State Air Resources Board or any local air pollution control district in establishing ambient air quality or emission standards. (b) The State Air Resources Board and any local air pollution control district may recommend ways in which actions of the commission or any regional commission can complement or assist in the implementation of established air quality programs. 30415. The Director of the Office of Planning and Research shall, in cooperation with the commission and other appropriat 'e 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, he 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 dupli- cation and conflicts and which could, if taken, better achieve effective implemen- tation 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. 30416. (a) The State-Lands Commission, in carrying out its duties and responsi- bilities 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.toany local government, port governing body, or special district,,under this division, shall change the authority of the State Lands Com- mission over granted or ungranted la'nds within its jurisdiction or change the rights and duties of its lessees or permittees. (c) Boundarysettlements between the State Lands Commission and other parties and any exchanges of land in connection therewith shall notbe 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). 3041,7. (a) In additions to the provisions set forth in Section 4551.5, the provisions of thlis section shall apply to the State Board of Forestry. (b) Within 180 days after January 1, 1977, the commission shall identify special treatment areas within the coastal zone in order to assure that natural and scenic resources are adequately protected. The commission shall forward to the State Board of Forestry maps of the designated special-treatment areas together with specific reasons for such designations and with recommendations designed to assist the State Board of Forestry in adopting rules and regulations which adequately rotect the natural and scenic qualities of such special treatment areas. 30418., M Pursuant to Division 3 (commencing with Section 3000), the Division of Oil and Gas 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, regional commission, local government, port governing body, or special district shall establish or impose such regulatory controls that duplicate or exceed controls established by the Division of Oil and Gas pursuant to specific statutory require- ,ments 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 Division of Oil. and Gas of the Depa@tment of Conservation shall cooperate with the commission by providing necessary data and technical expertise regarding proposed well operations withi,n the coastal zone. I a-1 8 Chapter 6. IMPLEMENTATION Article 1. Local Coastal Program 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 such-local government may request the commission to prepare a local coastal program, or a portion thereof for the local government;,provided, such request is submitted to the commission, in writing, not later than July 1, 1977. 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 65361 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 an appropriate regional commission, and with full public participation. 30501. The commission shall, within 90 days after January 1, 1977, adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of any 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) A schedule for the processing of all local coastal programs and specific guidelines to be followed by each regional commission in establishing, within 30 days after the commission has adopted such guidelines, its own schedule for processing local coastal programs within its region; however, in no event shall.a local coastal program that is prepared by a local government be required to be submitted to any regional commission prior to July 1, 1978, or later than January 1, 1980. Local coastal programs or portions thereof, prepared by the commission shall be completed not later than July 1, 1980, and certified not later than December 1, 1980. (c) Recommended uses that are of more than local importance that should be considered in the preparation of local coastal programs. Such uses may be listed generally or the commission may, from time to time, recommend specific uses for consideration by any local government. 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, 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. 30502.5. The commission shall recommend to the Legislature for designation by con- current resoltuion 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, la-19 but shall be reported from committee to the floor of each respective house with its recommendation within 60 days of referral to committee. 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. 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. Article 2. Procedure for Preparation, Approval, and Certification of Local Coastal Progr-ams 30510. Consistent with the provisions of this chapter, a proposed local coastal program may be submitted to a regional commission, if both of the following are met: ,(a) It is submitted pursuant to a resolution adopted by the local government, after public hearing, that certifies the local coastal program is intended to be carried out in a manner fully in conformity with this division. (b) It contains, in accordance with guidelines established by the commission, materials sufficient for a thorough and complete review. 30511. Local coastal programs shall be submitted in accordance with the schedule established pursuant to subdivision (b) of Section 30501. At the option of the local government, such program may be submitted and processed in any of. the following ways: (a) At one time, in which event the provisions of"Section 30512 with respect to time limits, resubmission, approval, and certification shall apply; provided, however, that 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 subdivisions (a) and (f) of Section 30513. (b) In two phases, in which event, the land use plans shall be processed first pursuant to the provisions of Section 30512, and the zoning ordinances, zoning district maps, and, if required, other implementing actions, shall be processed thereafter pursuant to the provisions of 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); provided, that the commission finds that the area or areas proposed for separate review can be analyzed for the potential cumulative impacts of development on coastal resources and access independently of the remainder of the affected jurisdiction. 30512. (a) The land use plan of a proposed local coastal prograr@ shall be submitted to the regional commission. The regional commission shall, within 90 days after the submittal, after public hearing, either approve or disapprove, in whole or in part, the land use plan. If the proposed land use plan is not acted upon within the 90-day period, it shall be deemed approved by the regional commission. (b) Where a land use plan is disapproved, in whole or in part, the regional commission shall provide a written explanation and may suggest ways in which to modify the disapproved provisions. A local government may revise a disapproved land use plan and resubmit the revised version to the regional commission or it may appeal either the disapproved portion or revised version thereof to the com- mission. Where the proposed land use plan is approved, in whole or in part, the land use plan or the approved portion thereof shall, within 10 working days of such approval, be forwarded by the regional commission to the commission for certification. (c) The commissionshall, not less than 21 days nor More than 45 days after a land use plan has been submitted or appealed to it, determine by majority vote, after a public hearing, whether specific provisions of the land use plan raise a substantial issue as to conformity with the policies of Chapter'3 (commencing with Section 30200). If the commission finds no substantial issue, the decision of the regional commission shall be final, and in the case of regional commission approvals, the land use plan shall be deemed certified. If the commission determines a substantial issue is raised, it shall, following public hearing and within 60 days form receipt of the land use plan, either refuse certification or certify, in whole or in part, the land use plan. (d) If the commission refuses certification, in whole or in part, it shall send a written explanation for such action to the appropriate local government and regional commission. A revised land use plan may be resubmitted directly to the commission for certification. la-20 (e) A regional commission shall approve and the commission shall certify, or the commission shall approve and certify where there is no regional commission, a land use plan, or any amendments thereto, if such commission finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) of this division. 30513. The local government shall submit to the regional commission and the commission.the zoning ordinances, zoning district maps, and, where necessary, other implementing actions which are required pursuant to this chapter. (a) If within 60 days after receipt of the zoning ordinances, zoning district maps, and other implementing actions, the regional commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. A regional 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 pro- visions of the certified land use plan. If the regional 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. (b) The local government may revise and resubmit the rejected zoning ordinances, zoning district maps, or other implementing actions to the regional commission or it may, within 10 days after receipt of a notice of such rejection, appeal to the commission. (c) Any aggrieved person may appeal to the commission within 10 working days after approval or r6jecti on of the zoning ordinances, zoning district maps, or other implementing actions by a regional commission or after the zoning ordi- nances, zoning district maps, or other implementing actions are deemed approved due to the failure of the regional commission to act. -(d) An appeal pursuant to subdivision (b) or (c) shall specify the action which is being appealed, the specific provision'of the certified land use plan with,which the zoning 9rdinances, zoning.district maps, or other implementing actions either conform or do not conform or which will or will not be adequately carried out, and the appelant's reasons for such position. The commission, by majority vote of those present, may refuse to hear an appeal which it determines raises no substantial issue. If the commission refuses to hear an appeal, the action of the regional commission shall be final. (e) In the absence of an appeal pursuant to subdivision (b) or (c), the com- mission, by a majority of those present, may, within 30 days after a zoning ordinance, zoning district map, or other implementing action has been approved by the regional commission, determine that a substantial issue is presented as to conformity with or adequacy to carry out the certified land use plan. (f)@ If within 60 days after receipt of an appeal pursuant to subdivision (b) or (c) or within 30 days after a determination to review pursuant to subdivision (e), the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, such zoning ordinances, zoning district maps, or other implementing actions shall be deemed approved. The commission.may only reject a zoning ordinance, zoning district map, or other implementing action on the grounds set forth in subdivision (a) and, if it does so, shall give written notice as provided in subdivision (a). The local government may revise and resubmit a rejected zoning ordinance, zoning district map, or other implementing action to the regional commission or directly to the commission in accordance with the provisions of this section. 30514. (a) A certified local coastal program and all local implementing ordinances, regulations, and other actions may be amended by the appropriate local government but no such amendment shall take effect until it has been certified by the commission. (b) Any proposed amendment of a certified local coastal program shall be submitted to, and processed by, the appropriate regional commission-and the commission, or the commission where there is no regional commission, in accordance with the provisions of Sections 30512 and 30513. (c) The commission shall, by regulations, establish a procedure whereby Proposed amendments to a certified local coastal program may be reviewed and designated by the executive director of the commission as being minor in nature. Proposed amendments that are designated as minor shall not be subject to the pro- visions of Sections 30512 and 30513 and shall take effect on the 10th working day after such designation. Amendments that allow.changes in uses shall not be designated as minor. M For the purpose of this section, an "amendment of a certified local coastal program"'includes, but is not limited to, any action by the local government which authorizes a use of a parcel of land other than that designated in the certified local coastal program as a permitted use of such parcel. 30515. Any person authorized to'undertake a public works project or proposing an energy facility development may request any local government to amend its cer- la-21 tified 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 certi- fied 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 con- formity 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 hearingI, 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 that that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet such need, and that the proposed amendment is in conformity with the policies of this division. 30516. (a) Approval of a local coastal program shall not be withheld because of the inability of the local government to financially support or implement any policy or policies contained in this divisjon; 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 regional commission or the commission, such disapproval shall, not apply to the certified port master plan. 30517. The commission or the regional 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. 30518. If a local coastal program has not been certified and all implementing devices become effective on or before January 1, 1981, the commission may take any of the following actions, if it finds thati in the absence of a certified local coastal program, any new development in the coastal zone would not be in conformity within the jurisdiction of the affected local government and would be inconsistent with the policies of this division: (a) Prohibit or otherwise restrict, by regulation, the affected local government from issuing any permit or any type of entitlement for use for any development with the coastal zoine, or any portion thereof, of such local government. (b) By regulation, extend the permit requirements of Chapter 7 (commencing with Section 30600) by requiring a permit from the commission for any development within any area of the coastal zone under the jurisdiction of the affected local government. 30519. 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 develop- ment review authority provided for in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the regional commission or by the commission where there is no regional commission over any new development proposed within the area to which such certified local coastal program, or any portion thereof, applies and shall at that time be delegated to the local government that is implementing such 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. 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 la-22 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 imple- mentation of the relevant policy or policies of this division. 30520. If the application of any local coastal program or part thereof is M rohibited or stayed by any court, the permit authority provided for in Chapter 7 mmencing with Section 30600) shall be reinstated in the regional commission or in the commission where there is no regional commission. The reinstated permit authority shall apply as to any development which would beaffected by the pro- hibition or stay. 30521. The Legislature hereby finds and declares that the early review of a limited number of local coastal programs may provide valuable experience for future review and processing of local coastal programs and that in consideration of the early commitments made by the involved local governments, any local coastal program prepared for that portion of a local jurisdiction designated as a pilot project area by the California Coastal Zone Conservation Commission between August 31, 1976, and October 31, 1976, shall receive priority from the regional commission and the commission by being Processed ahead of other local coastal programs pursuant to the provisions of this chapter. Any such pilot project may be reviewed and approved by the appropriate regional-commission and the commission without being subject to the procedures required by Section 30501; provided,that the proposed local coastal program, or portion thereof, is in conformity with the policies of Chapter 3 (commencing with Section 30200), serves as a useful model for future review of local coastal programs, and the regional commission has commenced formal review of the land use phase of a local coastal program.by June 1, 1977. 3b522. 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. Chapter 7. DEVELOPMENT CONTROLS Article 1. General Provisions 30,600. (a) In addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, on or after January 1, 1977, any Person wishing to perform or undertake any development in the coastal zone, other than a facility subject to the provisions of Section 25500, shall obtain a coastal development permit. (b) Prior'to the certification of its local coastal program, a local govern- ment 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, rev .iew, modification, approval, or denial of a coastal developmen 't permit. Such 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. 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 a regional commission, the commission on appeal, or the Commission where there is no regional commission. (d) After certification of its local coastal program, Ia coastal development permit shall be obtained from the local government as provided for in Section 30519. 30601. Prior to certification of the local coastal program and, where applicable, in addition to a permit from local government pursuant to subdivision (b) of Section 30600, a coastal development permit shall be obtained from the regional commission, or the commission on appeal, or the commission where there is no regional 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. la-23 (3) Any development which constitutes a-major public works project or a major energy facility. 30602. (a) 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 regional commission, any person, including the applicant, or any two members of the regional commission or the commission to the regional commission. Such action shall become final after the 20th working day after receipt of the notice required by subdivision (c) of Section 30620.5, unless an appeal is filed within that time. (b) Any Action,taken by a regional commission on a coastal development permit application pursuant to this section or Section 30600, may be appealed to the commission, in accordance with the provisions of subdivision (a) of Section 30625. Such action shall become final after the 10th working day, unless an appeal is filed withifi that time. 30603. (a) After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for any of the following: (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 tide line of the sea where there is no beach, whichever is the greater distance. (2) Developments approved by the local government not included within para- graph (1) of this subdivision 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) Developments approved by the local government not included within para- graph (1) or (2) of this subdivision located in a sensitive coastal resource area if the allegation on appeal is that the development is not i.n conformity with the implementing actions of the certified local coastal program. (4) Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500). (5) Any development which constitutes a major public works project or a major energy facility. (b) The grounds for an appeal pursuant to paragraph (1) of subdivision (a) shall be limited to the following: (1) The development fails to provide adequate physical access or public or private commercial use or interferes with such usesw (2) The development fails to protect public views from any public road or from a recreational area to, and along, the coast. .(3) The development is not compatible with the established physical scale of the area. (4) The development may significantly alter existing natural landforms. (5) The development does not comply with shoreline erosion and geologic setback requirements. (c) -The standard of review for any development reviewed pursuant to subdivision (a) (3) shall be in conformity with the implementing actions of the certified local coastal program. Such action shall become final after the 10th working day, unless an appeal is filed within that time. 30604. (a) Prior to certification of the local coastal program, a Coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) of this division 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 the provisions of Chapter 3 (commencing with Section 30200). (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 such development is in conformity with the public access and-public recreation policies of Chapter 3 (commencing with Section 30200). (d) Nothing in this division shall author@ize the denial. of a coastal development permit on grounds that a portion of the proposed development not within the coastal zone will have adverse environmental impacts outside the coastal zone; provided, - however, that the portion of the proposed development within the c oastal zone shall meet the requirements of this chapter. la-24 30605. To promote greater efficiency for the planning of any pub:lic works or state university or college development projects and as an alternative to project- by-project review, plans for public works or state university or college long- range land use development plans may be submitted to the regional commission and the commission for review in the same manner prescribed for the review of local coastal programs as set forth in Chapter 6 (commencing with Section 30500). If any such plan for public works or state university or college development project is submitted prior to certification-of the local coastal programs for the juris- dictions affected by the proposed public works, the commission shall certify whether such.proposed plan is consistent with the provisions of Chapter 3(com- mencing with Section.30200). The commission shall, by regulation, provide for the submiss.ion and distribution to the publ'ic, prior to public hearings on the plan, detailed environmental information sufficient to enable the commission to determine the consistency of the plans with the pol ,icies of this division.@- If any such plan for public works is submitted after the certification of local coastal programs, any such plan shall be approved-by the commission only if it finds, after full consultation with the affected local governments-, that the proposed plan for public works is in conformity with certified local coastal programs in jurisdictions affected by the proposed public works. Each state university or college shall coordinate and consult with local government in the preparation of long-rarfge development plans so as to be consistent, to the fullest extent feasible, with the appropriate local coastal program. Where a plan for a public works or state university or college development project has been certified by the commission, any subsequent review by the commission of a specific project contained in such certified plan shall be limited to imposing conditions con- sistent with Sections 30607 and 30607.1. A certified long-range development plan may be amended by the state university or college, but no such amendment shall . take effect until it has been certified by the commission. Any proposed amendment shall be submitted to, and processed by, the regional commission or the commission in the same manner as prescribed for amendment of a local coastal program. any development pursuant to Section 30605, 30606. Prior to the commencement of the public agency proposing the public works project, or state university or college, shall notify the commission and other interested persons, organiza@tions, 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 such notice. 30607. Any permit that is issued or any development or action approved on appeal, pursuant to this chapteri shall be subject to reasonable terms and con- ditions in order to ensure that such developments or action will be in accordance with the provisions of this division. 30607.1 Where any dike and fill development is permitted in wetlands in conformity with 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 such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measure shall not be required for temporary or short-term fill or diking: provided, that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. 30608. (a) No person who has obtained a vested right in a development prior to the effective date of this division'or who has obtained a permit from the California Coastal Zone Conservation Commission pursuant to the California Coastal Zone Conservatio-n Act of 1972 (commencing with Section 27000) shall be required to secure approval for the development pursuant to this division: provided, however, that no substantial change may be made in any such development without prior approval having been obtained under this division. _(b) If construction of the exempted development has not in good faith been pursued within three years after a claim of exemption has been requested and approved by the regional commission, the commission on appeal, or the commission where there is no regional commission, the vested right shall be presumed to have been abandoned and the development shall be required to be approved in accordance with the provistons of this division. 30609. Where, prior to January 1, 1977, a permit was isssued-and expressly made subject to recorded terms and conditions that are not dedications of land or interests in land for the benefit of the public or a @ublic agency pursuant to the California Coastal Zone Conservation Act of 1972 commencing with Section 27000), the owner of real property which is@the subject of such permit may apply for modification or elimination of the recordation of such terms and con- ditions pursuant to the provisions of this division. Such application shall be made in the same manner as a permit application. In no event, however, shall la-25 such a modification or elimination of recordation result in the imposition of terms or conditions which are more restrictive than those imposed at the time of the initial grant of the permit. Unless modified or deleted pursuant to this section, any condition imposed on a permit issued pursuant to the former Cali- fornia Coastal Zone Conservation Act of 1972 (commencing with Section 27000) shall remain in full force and effect. 30610. Notwithstanding any provision in this division to the contrary, no coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas: (a) Improvements to existing single-family residences; provided, however, that the commission shall specify, by regulation, those classes of development which involve a risk of adverse environmental effect and shall require that a coastal development permit be obtained under this chapter. (b) Maintenance dredging of existing navigation channels or moving dredged material-from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers. (c) Repair or maintenance activities that,do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the commission determines that certain extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained under this chapter. (d) Any category of development, or any category of development within a specifically defined'geographic area, that the commission, by regulation, after public hearing, and by.two-thirds vote of its appointed members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumula- tively, on coastal resources or on public access to, or along, the coast and resources or on public access to, or along, the coast and that such exclusion will not impair the ability of local.government to prepare a local coastal program. (e) The insta7lation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, that the commission lay, where necessary, requ-ire reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. (f) Any development within an urban land area identified by the commission pursuant to th is subdivision. Upon the request of the local government within whose jurisdiction the Urban land areais located, the commission, in consultation with the appropriate regional commission and after public hearing, shall exclude from the permit provisions of this chapter residential areas zoned and developed to a density of four or more dwelling units per acre on or before January 1, 1977, or a commercial or industrial area zoned and developed for such use on or before January 1, 1977, if it finds both of the following: (1.) Locally permitted development will be infilling or replacement and will be in conformity with the scale, size, and character of the surrounding community. (2) There is no potential for significant adverse effects, either individually or cumulatively, on public access to the coast or on coastal resources from any locally permitted development; provided, however, that no area may be excluded unless more than 50 percent of the lots are built upon, to the same general density or intensity of use. (g) Every exclusion granted under subdivisions (d) and (f) shall be subject to terms and conditions to assure that no significant change in density, height, or nature of uses will occur without further proceedings under this division. An order granting such ex- clusion may be revoked at any time by the commission, if the conditions of exclusion are violated. Tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, and all lands and waters-subject to the public trust shall not be excluded. .30610.5. Urban land areas shall,pursuant to the provi.sions of this section, be excluded from the permit provisions of this chapter. (a) Upon the request of a local government, an urban land area, as specifically identified by such local government, shall, after public hearing, be excluded by the commission from the permit provisions of this chapter where both of the following conditions are met: (1) The area to be excluded is either a residential area zoned and developed to a density of four or more dwelling units per acre on or before January 1, 1977, or a commercial or industrial area zoned and developed for such use on or before January 1, 1977. (2) The commission finds both of the following: (i) Locally permitted development will be infilling or replacement and will be in conformity with the scale, size, and character of the surrounding community. (ii) There is no potential.for significant adverse effects, either individually or cumulatively, on public access to the coast or on coastal resources from any locally permitted developments; provided, however, that no area may be excluded unless more than 50 percent of the lots are built upon, to the same general density or intensity of use. la-26 (b) Every exclusion granted under subdivision (a) of this section and subdivision (d) of Section 30610 shall be subject to terms and conditions to assure that no significant change in density, height, or nature of uses will occur without further proceedin s under this division, and an order granting an exclusion under subdivision ?d) of Section 30610, but not under subdivision (a) of this section may be revoked at any time by the commission, if the conditions of exclusion are violated. Tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, and all lands and waters subject to the public trust shall not be excluded under either subdivision (a) of this section or subdivision (d) of Section 30610. 30611. When immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger,' or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrup@ed by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this division may be waived upon notification of the executive director of the commission of the type and location of the work within three days of the disaster or dis- covery of the danger, whichever occurs first. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars ($25,000). Article 2. Development Control Procedures 30620. (a) By January 30, 1977, the commission shall, consistent with the provisions of this chapter, prepare interim procedures for the submission, review, and appeal of coastal development permit applications and of claims of exemption. Such procedures shall include, but are not limited to, the following: (1) Application and appeal forms. (2) Reasonable provisions for notification to the regional commission, the commission, and other.interested persons of any action taken by a local government pursuant to this chapter, in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this chapter can be made. (3)' Interpretive guidelines designed to assist local governments, the regional commissions, the commission, and persons subject to the provisions of this chapter in determining how the policies of this division shall be applied in the coastal zone prior to certification of local coastal programs; provided, however, that such guidelines shall-not supersede, enlarge, or diminish the powers or authority of any regional commission, the commission,or any other public agency. (b) Not laterthan May 1, 1977, the commission shall, after public hearing, adopt permanent procedures that include the components specified in subdivision (a) and shall transmit a copy of such procedures to each local government within the coastal zone and shall make them readily available to the public. The com- mission may thereafter, from time to time, and, except in cases of emergency, after public hearing, modify or adopt additional procedures or guidelines as it deems necessary to better carry out the provisions of this division. (c) The commission may require a reasonable filing fee and the reimbursement of expenses for the processing by the regional commission or the commission of any application for a coastal development permit under this division. The funds received under this subdivision shall be expended by the commission only when appropriated by the Legislature. .30620.5 (a) A local government may exercise the option provided in sub- division (b) of Section 30600; provided it does so for the entire area of its jurisdiction within the coastal zone and after it establishes procedures for the issuance of coastal development permits. Such procedures shall incorporate, Where applicable, the interpretive guidelines issued by the commission pursuant to Section 30620. (b) If a local government elects to exercise the option provided in subdivision (b) of Section 30600, the local government shall, by resolution adopted by the governing body of such local government, notify the appropriate regional com- mission and the commission and shall take appropriate steps to assure that the public is properly notified of such action. The provisions of subdivision (b) of Section 30600 shall take effect and shall be exercised by the local government on the 10th working day after the date on which the resolution required by this subdivision is adopted. (c) Every local government exercising the option provided in subdivision (b) of Section 30600, shall within five working days notify the appropriate regional commission and any person who, in writing, has requested such notification, in the manner prescribed by the commission pursuant to Section 30620, of any coastal development permit it issues. la-27 (d) Within five working days of receipt of the notice required by subdivision (c), the executive director of the regional commission shall post at a conspicuous location in the regional commission's office, a description of the coastal develop- ment permit issued by the local government. Within 15 working days of receipt of such notice, the exec 'utive director shall, in the manner prescribed by the com- mission pursuant to subdivision (a) of Section 30620, provide notice of the locally issued coastal development permit to members of the regional commission, and the commission. 30620.6. The commission shall, not later than August 1, 1978, and after public hearing, adopt public notice and appeal procedures for the review of development projects appealable pursuant to Sections.30603 and 30715. The commission shall send copies of such procedures to every local government within the coastal zone and shall make them readily availab.le to the public. 30621. The regional commission or the commission shall provide for a de novo public hearinq on applications for coastal developmept permits_and any appeals brought pursuant to this division and shall give to any affected person a written public notice of the nature of the proceeding and of the time and place of the public hearing. Notice shall also be given to any person who requests, in writ- ing, such notification. A hearing on any coastal development permit application or an appeal shall be set no earlier than 21 days nor later than 42 days after the date on which the application or appeal is filed with the regional commission or the commission. 30622. A regional commission or the commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section 30621. Any action by a regional commission shall become final after the 10th working day, unless an appeal is filed with the commission within such time. 30623. If an appeal of any action on any development by any regional commission, any local government, or port governing body is filed with the regional commission or the commission, the operation and effect of such'action shall be stayed pending a decision on appeal. 30624. The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or any regional commission without compliance with the procedures specified in this chapter in cases of emergency, other than an emergency provided for under Section 30611, or for improvements to any existing structure hot in excess of twenty-five thousand dollars ($25,000), and any other developments not in excess of twenty thousand -dollars ($20,OOOY. Such permit for non-emergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided. If any two members of the regional commission or the commission so request, at the first meeting following the issuance of such permit' such issuance shall not be effective; and, instead, the application shall be set for a public hearing pursuant to the provisions of the chapter. No monetary limitations shall be required for emergencies covered by the provisions of this section. 30625. (a) Except as otherwise specifically provided in subdivision (a) of Section 30602, any appealable action on a coastal development permit or claim of exemption for any development by a local government or a regional commission or port governing body may be appealed to the commission by an applicant, any aggrieved person except in the case of denials by a regional commission, or any two members of the commission. The regional commission, with respect to appeals pursuant to-subdivision (a),of Section 30602, or the commission may approve, modify, or deny such proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the regional commission, the local government, or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant. For purposes of this division failure by any regional commission to act within any time limit specified in this division shall constitute an "action taken." (b) The regional commission with respect to appeals pursuant to subdivision (a) of Section 30602, or the commission shall hear an appeal'unless it determines that the appeal raises no substantial issue, or it finds the-following: (1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no significant question exists as to conformity with Chapter 3 (commencing with Section 30200). (2) With respect to appeals to the commission after certification of a local coastal program, that no significant question exists as to conformity with the certified local coastal program. (3) With respect to appeals to the commission after certification of a port master plan, that no significant question exists as to conformity with the certified port master plan. la-28 (c) Decisions of the commission, where applicable, shall guide the regional commissions, local governm 'ents, or port governing bodies in their future actions under the provisions of this division. ' 30626. The commission may, by regulation, provide for the reconsideration of the terms and conditions of any coastal development permit granted by a regional commission or the commission solely for the purpose of correcting any information contained in such terms and conditions. Chapter 8. PORTS Article Ii. Findings and General Provisions 30700. For purposes of this division notwithstanding any other provisions of this division except as specifically stated in this chapter, this chapter shall govern those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District, located within the coastal zone excluding any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan, are contained within this chapter. 30700.5. The definitions,of Chapter 2 (commencing with Section 30100) and the provisions of Chapter 9 (commencing with Section 30800) and Section 30900 shall apply to this chapter. 30701. The Legislature finds and declares that: (a) The ports of the State of California constitute one of the state's primary economic and coastal resources and are an essential element.of the national maritime industry. (b) The location of the commercial port districts.within the State of Cali- fornia are wellestablished, and for many years such areas have been devoted to transportation and commercial, industrial, and manufacturing uses consistent with federal, state, and local regulations. Coastal planning requires no change in the number or location of the established commercial port districts. Existing ports shall be encouraged to modernize and construct necessary facilities within their boundaries -in order to minimize or eliminate the necessity for future dredging and filling to create new ports in new areas of the state. Article 2. Poli,cies 30702. For purposes of this division, the policies of the state with respect to providing for port-related developments consistent with coastal protection in the port areas to which this chapter applies, which-require no commission permit after certification of a port master plan and which, except as provided in Section 30715, are not appealable to the commission after certification of a master plan, are set forth,-in this chapter. 30703. The California commercial fishing industry is important to the State of California; therefore, ports shall not eliminate or reduce existing commercial fishing harbor space, unless the demand for commercial fishing facilities no longer exists or adequate alternative space has been provided. Proposed recrea- tional boating facilities within port areas shall, to the extent it is feasible to do so, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry. 30705. (a) Water areas may be diked, filled, or dredged when consistent-with a certified port master plan only for the following: (1) 'Such construction, deepening,widening, lengthening, or maintenance of, ship channel approaches, ship channels, turning basisn,.berthing areas, and facilities as are required for the safety and the accommodation of commerce and vessels to be served by port facilities. (2) New or expanded facilities or waterfront land for port-related facilities. (3) New or expanded commercial fishing facilities or recreational boating facilities. (4) Incidental public service. purposes, including, but not limited to, burying cables or pipes or inspection of piers and maintenance of existing intake and outfall lines. (5) Mineral extraction, including sand for restoring beaches, except in biologically sensitive areas. (6) Restoration purposes or creation of new habitat areas. (7) Nature study, mariculture, or similar resource-dependent activities. (8) Minor fill for improving shoreline appearance or public access to the water. la-29 (b) The design and location of new or expanded facilities shall', to the extent practicable, take advantage of existing water depths, water circulation, siltation patterns, and means availaW e to reduce controllable sedimentation so as to diminish the need for future dredging. (c) Dredging shall be planned, scheduled and carried out to minimize disruption to fish and bird breeding and migrations, marine habitats, and water circulation. Bottom sediments or sediment elutriate shall be analyzed fo ir toxicants prior to dredging or mining, and where water quality standards are met, dredge spoils may be deposited in open coastal water sites designated to minimize potential adverse impacts on marine organisms, or in confined coastal waters designated as fill sites by the master plan where such spoil can be isolated and contained, or in fill basins on upland sites. Dredge material shall not be transported from coastal waters into estuarine or fresh water areas for disposal. 30706. In addit,ion to the other provisions of this chapter, the policies contained in this section shall govern filling seaward of the mean high tide line within the jurisdiction of ports: (a) The water area to be filled shall be the minimum necessary to achieve the purpose of the fill. (b) The nature, location, and extent of any fill, including the disposal of dredge spoils within an area designated for fill, shall minimize harmful effects to coastal resources, such as water quality, fish or wildlife resources, recreational resources, or sand transport systems, and shall minimize reductions of the volume, surface area or circulation of water. (c) The fill is constructed in accordance with sound safety standards which will afford reasonable protection to persons and property against the hazards of unstable geologic or soil conditions or of flood or storm waters. (d) The fill is consistent with navigational safety. 30707. New or expanded tanker terminals shall be designed and constructed ,to do all of the following: (a) Minimize the total volume of ai-1 spilled in normal operations and accidents. (b) Minimize the risk of collision from movement of other vessels. (c) Have ready access to the most effective feasible oilspill containmenf and recovery equipment. (d) Have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required. 30708. All port-related developments shall be located, designed and constructed so as to: (a) Minimize substantial adverse environmental impacts. (b) Minimize potential traffic conflicts between ve@sels. (c) Give highest priority to the use of existing land space within harbors for port purposes, including, but not limited to, navigational facilities, shipping industries, and necessary support and access facilities. (d) Provide for other beneficial uses consistent with the public trust, including, but not limited to, recreation and wildlife habitat uses, to the extent feasible. (e) Encourage rail service to port areas and multicompany use of facilities. Article 3. Implementation; Master Plan 30710. Within 90 days after January 1, 1977, the commission shall, after public hearing, adopt, certify, and file with each port governing body a map delineating the present legal geographical boundaries of each port's jurisdiction within the coastal zone. The commission shall, within such 90-day period, adopt and certify after public hearing, a map delineating boundaries of any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan within the geographical boundaries of each port. 30711. (a) A port master plan that carries out the provisions of this chapter shall be prepared and adopted by each port governing body, and for informational purposes, each city, county, or city and county which has a port within its jurisdiction shall incorporate the certified port master plan in its local coastal program. A port master plan shall include all of the following: (1) The proposed uses of land and water areas, where known. (2) The projected design and location of port land areas, water areas, berthing and navi- gation ways and systems intended to serve commercial traffic within the area of jurisdiction of the port governing body. (3) An estimate of the effect of development on habitat areas and the marine environment, a review of existing water quality, habitat areas, and quantitative andquaiitative bioloqical inventories, and proposals to minimize and mitigate any substantial adverse impact. (4) Proposed projects listed as appealable in Section 30715 in sufficient detail to be able to determine their consistenty with the policies of Chapter 3 (commencing With Section 30200) of this division. (5) Provisions for ade@uate public hearings and public participation in port planning and development decisions. la-30 (b) A port master plan shall.contain information in sufficient detail to allow-the com- mission to determine its adequacy and conformity with the applicable policies of this division. 30712. In the consideration and approval of a proposed port master plan, the public, inter- ested organizations, and governmental agencies shall be encouragedto submit relevant testimony, statements, and evidence whi*ch shall be considered by the port governing body. The port governing body shall publish notice of the completion of the draft master plan and submit a copy thereof to the commission and shall, upon request, provide copies to other interested persons, organi- zations, and governmental agencies. Thereafter, the port governing body shall hold a public hearing on the draft master plan not earlier than 30 days and not later than 90 days following the date the notice of completion was piublished. 30713. Ports having completed a master plan prior to January 1, 1977, shall submit a copy thereof to the commission and hold a public hearing in accordance with the provisions of Section 30712 for the purpose of reviewing such master plan for conformity with the applicable provisions of this division and, if necessary,.adopting such changes as would conform su -ch plan to the applicable provisions of this division. Notice of completion of a master plan shall not be filed prior to January 2, 1977. 30714. After public notice, hearing, and consideration of comments and testimony received pursuant to Sections 30712 and 30713, the port governing body shall adopt its master plan and submit it to the commission for certification in accordance with this chapter. Within 90 days after the submittal, the commission, after public hearing, shall certify such plan or portion of a plan and reject any portion of a plan which is not certified. If the commission fails to take action within the 90-day period, the port master plan shall be deemed certified. The commission shall certify such plan or portion of a plan if the commission finds both of the following: (a) The master plan or certified portions thereof conforms with and carries out the policies of this chapter. M Where a master plan or certified portions thereof proxide for any of the developments listed as appealable in Section 30715 of this chapter, such development or developments are in conformity with all of the policies of Chapter 3 (commencing with Section 30200) of this division. 30715. Until such time as a port master plan or any portion thereof has been certified, the commission and regional commissions shall permit developments within ports as provided for in Chapter 7 (cnmmencing with Section 30600). After a port master plan or an 'v portion thereof has been certified, the permit authority*of the commission provided in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the regional commission or by the commission over any new development contained in such a certified plan or any portion thereof and shall at that time be delegated to the appropriate port governing bodY, except that' approvals ef any of the following categories of development by the port governing body may be appealed to the commission: (a) Developments for the storage, transmission, and processing of liquefied natural gas and crude oil in such quantities as would have a significant impact upon the oil and gas supply of the state or nation or both the state and the nation. A development which has a significant impact shall be defined in the 'master plans. (b) Waste water treatment facilities, except for such facilties which process waste water discharged incidental to normal port activities-or by vessels. (c) Roads or highways which are not principally for internal circulation within the port boundaries. (d) Office and residential buildings not principally devoted to administration of activities within the port; hotels, motels and shopping facilities not principally devoted to the sale of commercial goods utilized for water-oriented purposes; commercial fishing facilities; and recreational small craft marina related facilities. (e) Oil refineries. .(f) Petrochemical production planti. 30715.5 No development within the area covered by the certified port master plan shall be approved by the port governing body unless it finds that the Proposed development conforms with such certified plan. 30716. (a) A certified port master plan may be amended,by the port governing body, but no such 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 provided for submission and certification of port master plans. . (b) The commission shall, by regulation, establish a procedure whereby proposed amendments to a certified port master plan may be reviewed and designated by the executive director of the commission as being minor*'in nature and need not comply with Section 30714. Such amendments shall take effect on the 10th working,day after the executive director designates such amendments as minor. la-31 30717. The governing bodies of ports shall inform and advise the commission in the planning and design of appealable developments authorized under this chapter, and prior to commencement of any appealable development, the governing body of a port shall notify the commission and other interested persons, organizations, and governmental agencies of the approval of a proposed appea-lable development and indicate how it is consistent with the appropriate port master plan and tt@ts division. An approval of-the appealable development by the port governing body pursuRt to a certified port master plan shall become effective after the 10th working day after notification of its approval, unless an appeal is filed with the.commission within that time. Appeals shall be filed and processed by the commission in the same manner as appeals from local government actions as set forth in-Chapter 7 (commencing with Section 30600) of this division. No appealable development shall take place until the approval becomes effective. 30718. For developments approved by the commission in a certified master plan, but not appealable under the provisions of this chapter, the port governing body shall forward all envir6nmental impact reports and negative declarartions prepared pursuant to the Environmental Quality Act of 1970 (commencing with Section 21000) or any environmental impact statements prepared pursuant to the National.Environmental Policy@Act of 1969 (42 U.S.C. 4321, et seq.) to the commission in a timely manner for comment. 30719. Any development project or activity authorized or approved pursuant to the provisions of this chapter shall be deemed certified by the commission as being in conformity with the coastal zone management program insofar as any such certification is requested by any Federal agencLy pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), National Oceanic and Atmospher-ic Administration, and memoranda of understanding between the stat6 and federal governments relative thereto. 30720. If the application of any port master plan or part thereof is prohibited or stayed by any court, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the regional commission or in the commission where there is no'regional commission. The reinstated permit authority shall apply as to any development which would be affected by the prohibition or stay. Chapter 9. Judicial Review., Enforcement, and Penalties Article 1. General Provisions 30800. The provisions of this chapter shall be in addition to any other remedies available -at 30801. Any aggrieved person shall have a right to judicial review of any decision or action of the commission or a region-al commission by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5.of the Code of Civil Procedure, within 60 days after such decision or action has become final. For purposes ofthis section and subdivision (c) of Section 30513 and Section 30625, an 11aggrieved person"-means any person who, in@person or through a representative, appeared at a @ublic hearing of the commissi-on, regional commission, local government, or port governing body in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the commission, regional commission, local government, or port governing body of the nature of his 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. 30802. Any person, including an applicant for a permit or the commission, aggrieved by the decision or action of a local government that..is implementing.a certified local coastal program or certified port master plan, which decision or action may not be appealed to the commission, shall have a right to judicial rev.iew of such decision or action by filing a petition.for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after the decision or action has become fina-1. The commission may intervene in any such proceeding upon a showing that the matter involves a question of the conformity of a proposed development with a certified local coastal program or certified port master plan or the validity of a local government action taken to implement a local coastal program or certi- fied port master plan. Any local government or port governing body may request that the com- mission intervene. Notice of any such action against a local government or port governing body shall be filed with the commission with'in five-working days of the filing of such action. When an action is brought challenging the validity of a local coastal program or certified master plan, a preliminary showing shall be made prior to proceeding on the merits as to why such action should not have been brought pursuant to the provisions of Section 30801. 30803. Any person may maintain an action for declaratory and equitable relief to restrain any violation of*this division. On a prima facie showing of a violation of this division, preliminary equitable relief shall be issued to restrain any further violation of this division. No bond shall be required for an action under *this section. 30804. Any person may maintain an action to enforce the dutiesspecifically imposed upon the commission, any regional c'ommission, any governmental agency, any special district, or any local government by this division. No bond shall b e required for an action under this section. 30805. Any person may maintain an action for the recovery of civil penalties provided for in Section 30820 or 30821. la-32 30806. Any civil action under this division by, or against, a city, county, or city and county, the commission, regional commission, special district, or any other public agency shalT, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city, special district, or any other public agency which is a party to the action is located. 30807. Any person may maintain an action seeking an order to remove a local coastal program or any portion thereof, any c@oastal development permit application, or appeal therefrom, from the appropriate regional commission's consideration and to require that such local coastal program or any portion thereof, coastal development permit application or appeal therefrom, be reviewed and processed by the commission. The court may grant such order where to do so would better carry out the purposes of this division and where the court determines that such order would expedite the review of such-local coastal program or any portion thereof, or of such coastal development permit application, or appeal therefrom. Article 2. Penalties 30820. Any person who violates any provision,of thi's division �hal l.be subject to a civil fine of not to exceed.ten thousand dollars ($10,000). 30821. in addition to any other penalties, any person who intentionally and knowingly performs any development in violation of this division, shall be subject to a civil fine of not less than fifty dollars ($50) nor more than.five thousand dollars ($5,000) per day for each day in which such violation occurs. 30822. Where a person has intentionally and knowingly violated any provision of this division, the commission may maintain an action, in addition to Section 30801, for exemplary damages and may recover an award, the size of which is left to the discretion of the court. In exercising its discretion, the.court shall consider the amount of liability necessary to deter further violations. 30823. Any funds derived by the co 'mmission or regional commission under this article shall be expended for carrying out the provisions of this division, when appropriated by the Legislature. Chapter 10. Severability 30900. If any provision of this division or the application thereof to any person or circum- stances is held invalid, such invalidity shall not affect the other provisions or applications- of the division which can be given effect without the invalid'provision or application, and to this end the provisions of this division are severable. SEC. 2. Section 4551.5 of the Public Resources Code is amended to read: 4551.5 Rules and regulations shal-I apply to the conduct of timber operations and shall include, butshall not be limited to, measures for fire prevention and control, for soil erosion control, for water quality and watershed control, for flood control, for stocking, for protection against timber operations which unnecessarily destroy young timber growth or timber productivity of the soil, for prevention and control of damage by forest insects, pests, and disease, for the protection of'natural and scenic qualities in special treatment areas identi- fied pursuant to subdivision (b) of Section 30417, and for the preparation of timber harvesting plans. In developing these rules, the board shall solicit and consider recommendations from the State Forester, recommendations from the Department of Fish and Game relating to the pro- tection of fish and,wildlife, recommendations from the StatErWater Resources Control Board and the California regional water quality control boards relating to water quality, recommendation-s from the State Air Resources Board and local-air poll.utioncontrol districts relating to air pollution control, and recommendations of the Cal-ifornia Coastal.Commission relating to the protection of natural and,scenic coastal zone resources in special treatment areas. SEC. 3. Section 25103 of the Public Resources Code is amended to read: 25103. "Coastal zone" means the "coastal zone" as deftned in Section 30103. SEC.4. Section 25115 of the Public Resources Code is repealed. la-33 SEC. 5. Section 25302 of the Public Resources Code is amended to read: 25302. Upon receipt of a report required under Section 25300 from an electric utility, the commission shall forward copies thereof to the Legislature, the Public Utilities Commission, the Secretary of the Resources Agency, the Director of the Office of Planning and Research, the California Coastal Commission, and other concerned state and federal agencies. The report shall also be made available,,at cost, to any person upon request. The commission shall also forward copies of the report to each city and county w 'ithin the service area covered by'the report,and shall request that the city and county review and comment on the report in relation to estimates of population growth and economic development, patterns of land use and open space, and conserva- tion,and other appropriate elements of the adopted city or county general plan. A copy of the report shall be maintained on filefor public inspection in each county. Sec. 6. Section 25500 of the Public Resources Code is amended to read: 25500. In accordance with the provisions of this division and Division 20 (commencing with Section 30000) division, the commission shall have the exclusive power to certify all sites and .related facilities in the state; except for any site and related facility proposed to be located in the coastal zone, whether a new site and relateo facility or a change or addition to an existing facility. The issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document required by any state, local or regional agency, or federal agency to the extent permitted by federal law, for such use of the site and related facilities, and shall supersede any applicable statute, ordinance, or regulation of any state, local, or regional agency, or federal agency to the extent permitted by federal law. After the effective date ofthis division, no construction of any facility or modification of any existing facility shall be commenced without first obtaining certification for any site and related facility by the commission, as prescribed in thi s division. SEC. 7. Section 25507 of the Public Resources Code is amended to read: 25507. If any alternative site and related facility proposed in the notice is proposed to be located, in whole or in part, within the coastal zone, the commission shall transmit a copy of the notice to the California Coastal Commission. The California Coastal Commission shall analyze the notice and prepare the report and findings prescribed by subdivision (d) of Section 30413 Prior to-.completion of the preliminary report required by Section 25510. ,SEC. 8. Section 25508 of the Public Resources Code is amended to read: 25508. The commission shall cooperate with, and render advice to, the California Coastal Commission in studying applications for any site and related facility proposed to be located, in whole or in part, within'the coastal zone, if requested by the California Coastal Commission. The California Coastal Commission may participate in public hearings on the notice and on the application for site and related facility certification as an interested party in such proceedings. SEC. 9. Section 25514 of the Public Resources Code is amended to read: - 25514. No later than 120 days after distribution of the preliminary report, a final report shall be prepared and distributed. The final report shall include, but not be limited to, all of the following: (a) The findings and conclusions of the commission regarding the conformity of the alternative sites and related facilities designated in the notice or presented at the informational hearing or hearings and reviewed by the commission with both of the following: (1) The 10-year forecast of statewide and service area electric power demands adopted pursuant'to subdivision (b) of Section 25309. except as provided in Section 25514.5. (2) The provisions of any state law or local or regional ordinance or regulation, including any long-range land use plahs or guidelines adopted by the state or by any.local or regional, planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. (b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and sub division (d) of Section 30413. (c) The commission's findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to the provisions of Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location or other con- ditions which will meet the standards, policies, and guidelines established by the commission. (d) Any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the comm-Ls-si-on's evaluation pursuant to subdivision (c) of Section 25512. la-34 SEC. 10. Section 25516.1 is added to the Public Resources Code, to read: 25516.1. If a site and related facility found to be acceptable by the commission pur- suant to Section 25516 is located in the coastal zone, no application for certification may be filed pursuant to Section,25519, unless the commission has determined pursuant to Section 25514 that such site and related facility have greater relative merit than available alternative sites . and related facilities for an applicant's'service area which have been determined to be acceptable by the commission pursuant to Section 25516. SEC. 11. Section 25519 of the Public Resources Code is amended to read: 25'519. (a) In order to obtain certification for a site and related facility, an application for certification of such site and related'facility shall be filed with the commission. Such application shall be in a form prescribed by the commission and shall be filed With the commission no.later than 18 months before any construction-is to commence. Such application shall be for a-si'te and related facility which.has been found to be acceptable by the commission pursuant to Section 25516, or for an additional facility at a site which has been designated a potential multiple-facility site pursuant to Section 25514.5 and found to be acceptable pursuant to Sections 25516 and 25516.5. An application for an additi*onal facil-ity at a potential multiple- facility site shall be subject to the conditions and review specified in Section 25520.3 An application may not be filed for a site and related facility, if there is,no suitable alternative for-.the site and related facility which was previously found to be acceptable by the commission, .unless the commission has approved the notice based on the one site as specified in Section 25516. (b)'The commission, upon its own motion or in response to the request of any party, may , require the applicant to submit any infomation,,document, or data, in addition to the attachments required by subdivision (i), which it determines is reasonably necessary to make any decision on the application. (c) Upon receipt of the application, the commission shall undertake studies and investiga- tions necessary to comply with the environmental impact reporting procedures established pursuant .to Section 21100., For purposes of preparation and approval of the environmental impact report- on a proposed site and related facility, the commission shall be the lead agency as provided in Section 21165. Except as otherwise provided in Division 13 (commencing with Section 2100) the environmental impact report shall be completed within one year after receipt of the application. (d) If the site and related facility specified in the application is proposed to be located in the coastal zone, the commission shall transmit a copy of the@application to the California Coastal Commission for its review and comments. (e) Upon receipt of an application, the commission shall forward the application to local governmental agencies having land use and related jurisdiction in the area of the proposed site and related facility. Such local agencies shall review the application and submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to h.ighways, landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects.of the design, construction, or operation of the proposed site and related facility. (f) Upon receipt of an application, the commission shall cause a summary of the application to be published in a newspaper of general circulation in the county in which the siteand related facilit'ies, or any part thereof, designated in the application, is proposed to be located. The commission shall transmit a copy of the application to each federal and state agency having jurisdiction or special interest in matters pertinent to the proposed site and related facilities, and to the Attorney General. (9) The adviser shall require that adequate notice is given to the public,and that the pro- cedures specified by this division are complied with. (h) For any proposed site and related facility requiring a certificate of p4blic convenience and necessity, the commission shall transmit a copy of the application to the Public Utilities Commission and request the comments and recommendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of the proposed site and related facility. In the event the commission requires notification of the proposed facility, the commission shall consult with the Public Utilities Commission regarding the economic, financial, rate,.system reliability, and service implications of such modifications. (i) The commission shall transmit a copy of the application to any governmental agency not specifically mentioned in this act, but which it finds has any information or interest on the proposed site and related facilities, and shall invite the comments and recommendations of each such agency. The commission shall request any relevant laws, ordinances, or regulations which any such agency has promulgated or administered. An application for certification of any site and related facilities shall contain a listing of every Federal agency from which any approval or authorization concerning the proposed site is required, specifying the approvals or authorizations obtained at the time of the appli- cation and the schedulefor obtaining any approvals or authorizations pending. la-35 SEC. 12. Section 25523 of the Public Resources Code is amended to read: 25523. The commission shall prepare a wr itten decision after a public hearing or hearings on an application, which shall include'ail of the following: (a) Specific provisions relating to the manner in which the proposed facility is-to be designed, sited, and operated in order to protect environmental quality, and assure public health and safety, and in the case of a site to be located in the coastal zone, to meet the objectives of Division 20 (commencing with Section 3 '0000) as may be specified in the report submitted by the California Coastal.Commission pursuant to subdivision (d) of Section 30413, unless the commission specifically finds that,the adoption of the provisions specified in the report would result in greater adverse impact on the environment or that the provision proposed in the report would not be feasible. (b) Findings regarding the conformity of the proposed site and related facilities with standards adopted by the commission pursuant to Section 25216.3 and subdivision (d) of Section 25402, with public safety standards and the applicable air and water quality standards,, and with other relevant local , regional, state and federal standards, ordinances or laws. If the com- mission finds that there is noncompliance with any state, local, or regional ordinance or regulation in the application, it shall,consult and meet with the state, local, or regional governmental agency concerned to attempt to correct or eliminate the noncompliance. If the noncompliance cannot be corrected or eliminated, the commission shall inform the state, local, or regional governmental agency if it makes the findings required by Section 25525. I(c) Provision for restoring the site as necessary to protect the environment, if the com- mission denies approval of the application. M Findings regarding the conformity of the proposed facility with the 10-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (b) of Section 25309. SEC. 13. Section 25526 of the Public Resources Code is amended to read: 25526. The commission shall.not approve as a site for a facility any location designated by the California Coastal Commission pursuant to subdivision (b) of Section 30413, unless the California Coastal Commission first finds that such use is not inconsistent with the primary uses of such land and that there will be no substantial adverse environmental effects and the approval of any public agency having ownership or control of such land is obtained. SEC. 14. Section 402.1 of the Revenue and Taxation Code is amended to read: 402.1. In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. Such restrictions shall include, but are not limited.to: (a).zoning; (b) recorded contracts with governmental agencies other than those provided for in Section 422; (c) permit authority of, and permits issued by, @ governmental agencies exercising land use powers concurrently with local governments, including the California coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency; (d) development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code; (e) environmental constraints applied to theuse of land Pursuant to Drovisionsof statutes. There shall be a rebuttable presumption that restrictions will not be removed or sub- stantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses.. Grounds for rebutting the presumption may include but are not necessarily limited to the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. . In assessing land where the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. in assessing land under an enforceable use restriction wherein the presumption of no predicable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider, in addition to all other legally permissible information, representative sales of comparable land not under restriction but upon which natural limitations have sub- stantially the same effect as restrictions. For the purposes of this section: (a) "Comparable lands" are lands which are similar to the land being valued in respect to legally permissible uses and physical attributes. (b) "Representative sales information" is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. la-36 It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative , sales information is available for land under use restriction in order to ensure the accurate assessment of such land. It.is also hereby declared that the further purpose and intent of the Legislature in enacting-this section and Section 1630 of the Revenue and Taxation Code is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land which legally are not available to the owner and'not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. Nothing in this'statute shall be construed as requiring the assessment of any land at less than as required by Section 401 of this code or as prohibiting the use of representative comparable sales information on land under similar restrictions when such information is available. SEC. 15. Section 13142.5 is added to the Water Code', to read: 13142.5. In addition to any other.policies established pursuant to this division, the poli- cies of the state-with respect to water quality as it relates to the coastal marine environment are that: (a) Waste water discharges shall be treated to protect present and future beneficial uses, and where feasible, to restore past beneficial uses of the receiving waters. Highest priority shall be given to improving or eliminati.ng discharges that adversely affect any of the following: (1) Wetlands, estuaries, and other biologically sensitive sites. (2) Areas important for water contact sports. (3) Areas that produce shellfish for human consumption. (4) Ocean areas subject-to massive waste discharge. Ocean chemistry.and mi xing processes, marine life conditions,,other present or proposed out- falls in the vicinity, and relevant aspects of areawide waste treatment management plans and programs, but not of convenience to the discharger, shall for the purposes of this section, be considered in determining the effects of such discharges. Toxic and hard-to-treat substances should be pretreated at the source if such substances would-be incompatible with effective and economical treatment in municipal treatment plants. (b) For each new or expanded coastal power plant or other industrial installation using sea water for cooling,_heating or industrial processing, the best available site, design, technology, and mitigation measures feasible shall be used to minimize the intake and mortality of all forms of marine life. (c) Where otherwise permitted, new w@rmed or cocled water discharges into c.oastal wetlands or into areas of special biological importance, including marine reserves and kelp beds, shall not significantly alter the overall ecological balance of the receiving area. (d) Independent baseline studies of the existing marine system should be conducted in the area that could be affected by a new or expanded industrial facility using sea water in advance of the carrying out of the development. (d) Adequately treated reclaimed water should, where feasible, be made available to supplement existing surface and underground supplies and to assist in meeting future water requirements of the coastal zone, and that consideration, in statewide programs of financial assistance for wa'ter pollution or water quality control, shall be given to providing optimum water reclamation and use of reclaimed water. SEC. 28. Section 16 of Senate Bill 1277 is amended to read: -77 fiscal .year pursuant SEC. 16. There is no appropriation made by this act for the 1976 to Section 2231 of the Revenue and Taxation Code. However, :he Legislature acknowledges that there may be direct planning and administrative costs as set forth in Section 2207 of the Revenue and Taxation Code as a result of this act in the 1976-77 fiscal year, but that such costs are indeterminable at this time. It is the intent of the Legislature that such costs to local governments be reimbursed by the state. If such state-mandated local costs result from the enactment of this act in the 1976-77 fiscal year or subsequent years, reimbursement shall. be provided pursuant to Section 2231 of the Revenue and Taxation Code in the annual state budget process, except that claims for such costs which may be incurred in the 1976-77 fiscal year shall be submitted to the State Controller by October 31, 1977. If the,Legislature fails to provide full funds for state-mandated local costs approved by the State Controller,as costs qualified for reimbursement under Section 2231 of the Revenue and Taxation Code in the annual state budget process or in special legislation during the 1976-77 fiscal year and each year subsequent in which state-mandated local costs have been so approved, the dates specified for the submission of the local coastal program, the implementation of a local coastal program, and the performance of any other duty required of local government or an executive order to be performed after January 1, 1977, under the provisions of Division 20 (commencing with Section 30000) of the Public Resources Code, shall be postponed by the number of years elapsing between the date the local coastal program implementing act or duty is to be performed and the year in which such funds are provided. In the event that state-mandated costs are not funded by the Legislature, the provisions of Section 30518 of the.Publi.c Resources Code shall not be affected, except that any local government whose costs are not funded may elect that the California Coastal Commission implement either subdivision (a) or (b) of Section 30518 of the Public Resources Code. la-37 'It is the poli cy of the state that amajor portion of the.funds, but in no event less than 50 per- cent,received by the state from the federal government for the period following July 1, 1977, pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) shall be used for the development and implementation of local coastal programs. Funds appropriated by the Legislature for-the purpose of, and pursuant to this section to- qether with no less than 50 percentl of any federal funds legally available for such purposes5 shall be deposited in a local government coastal planning assistance account in the General Fund. The commission shall review and.analyze all claims.submitted and shall submit to the.State Controller its recommendation. The State Controller shall consider the report of the commission and review claims submitted by any local government pursuant to this section to determine whether such claim planning and administrative costs are directly attributable to the operation of this act. Any such claimed costs found to be directly attributable to the operation of this act shall, when appropriated by the Legislature, be charged against and paid from the local government coastal planning assistance account. SEC. 29. Section 17 of Senate Bill 1277. is amended to read: SEC. 17. The coastal zone, as generally defined in Section 30103 of the Public Resources Code, shall include the land and water areas as shown on the map prepared by.the California Coastal 2one Conservation Commission titled California Coastal Zone dated August 11, 1976, and on file with the Secretary of State. SEC. 30. This act shall become effective only if Senate Bill No. 1277 is enacted by the Legislature at its 1975-76 Regular Session, and in such case, at the same time as Senate Bill No. 1277 takes effect. SEC. 31. If any provision of this act or the application thereof to any person or circum- stances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. la-38 APPENDIX lb STATE COASTAL CONSERVANCY CAB 3544) The people of the State of California do enact as follows: ,F(TJONJ 1, Division'21 (commencing with Section 31000) is added to the Public Resources Code, to read: @!VTMOM 21. MTE MASTAL WERVAflCy CEAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 31000. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. 31001. "Certified local coastal plan or prograne' means any plan or program certified by the commission pursuant to Chapter 6 (commencing with Section 30500) of Division 20. 31002. "Conservancy" means the State Coastal Conservancy. 31004. "Commission" means the California Coastal Commission established under.Chapter 4 (commencing with Section 30300) of Division 20. 31006. "Coastal zone" means that area of the state as defined in Section 30103. 31007. "Coastal -restoration project" means any action taken by a local public agency or the conservancy to correct undesirable development patterns in the coastal zone, including those defined in Section 33032 or 33032.1 of the Health and Safety Code. 31008. "Coastal resource enhancement project" means actions taken by a local public agency or a state agency necessary to restore, as nearly as possible, degraded natural areas to their original condition or to enhance the resource values of a coastal zone. 31009. "Department" means the Department of Parks and Recreation. 31010. "Local public agency" means a city, county, or city and county. CRkMR 2. DECLARATION.OF STATE POLICY AND GENERAL PROVISIONS 31050. The Legislature finds and declares that the agricultural lands located within the coastal zone contribute substantially to the state and national food supply and are a vital.part of the state's economy. 31051. The Legislature further finds and declares that agricultural lands located within the coastal zone should be protected from intrusion of nonagricultural uses, except where conversion to urban or other uses is in the long-term public interest. .31052. The Legislature further finds and declares that lands within the coastal zone, principally in rural areas, are vacant or improperly utilized because of inadequate circulation patterns, poor lot layout, scattered ownerships, lack of recreation and open space, and other conditions which adversely affect the coastal environment and reduce opportmities.for orderly develoT)ment. 3iO53., The Leg.islature further finds and declares that important fish and wildlife habitat, natural areas, and scenic-and environmental resources within-the coastal zone have been degraded due to indiscriminate dredging, filling, and the intrusion of incompatible land uses. 31054. It is the'policy of the state and the intent of the Legislature to provide for the State Coastal Conservancy, which should report to the Governor and to the Legislature, with -re- sponsibility for implementing a program of agricultural protection, area restoration, and resource enhancement in the coastal zone within policies and guidelines established pursuant to Division 20' (commencing with Section 30000). 31055. No funds may be expended or granted under this division, unless and until such funds are appropriated by the Legislature. MAPTER 3. ESTABLISMENT AND FUNCTIONS OF ME STATE COASTAL CONSERVANCY 31100. There is in the Resources Agency the State Coastal Conservancy, consisting of the following five members: (a). The chaiTman-of the commission. (b) The Secretary of the Resources Agency. (c) The Director of Finance. (d) Two members of the public appointed by the Governor. Except for members appointed pursuant to subdivision (d), the members of the conservarcy may designate one of-their employees to serve on the conservancy in their absence. 31101. The members appointed under subdivision (d) of Section 31100 shall serve for a term of four years. Such members shall be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per day, and shall be reimbursed for the actual and necessary expenses, including traveling expenses,.incurred in the performance of their duties. lb-1 31102. The Secretary of the Resources Agency shall serve as the chairman of the conservancy. A majority of the total authorized membership of the conservancy shall constitute a quorLun for the transaction of any business under this division. The conservancy shall adopt its own regulations. 31103. The conservancy shall determine the qualifications of, and it shall appoint and fix the salary of, the-executive officer to the conservancy, who shall be exempt from civil service, and shall appoint such other staff as may be necessary to carry out the powers and functions set forth in this division. To the maximm extent possible, the conservancy shall utilize the staff of the commission for purposes of planning and project evaluation, and the staff of the Real Estate Services Division of the Departmental of General Services in carrying out acquisition, leasing, disposal, and ,other real property transactions authorized under this division. ' 31104. The conservancy may apply for and accept federal grants and receive gifts, donations, subventions, rents royalties, and other financial support from public and private sources. 31105. The conservancy is authorized to acquire, pursuant to the Property Acquisition.Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the Goverment Code) real property or any interests therein for all of the purposes specified in this division. 31106. The State Public Works Board may, pursuant to Section 31105, use the power of eminent domain for the purposes specified in this division. 31107. The Director of General Services, when so requested by the conservancy, may lease, rent, sell, or exchange any land acquired pursuant to this division; provided, however, that such action shall guarantee continued use of such lands for agricultural purposes, or for other purposes established in this division. Leases executed pursuant to the provisions of this division shall not provde for a period longer than 10 years. 31108. Commencing on January 2, 1980, and every third year thereafter, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division. The report shall include the following: (a) An evaluation of the effectiveness of the conservancy's programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division. (b) Identification of additional funding, legislation, or other resources required to more effectively'carry out the objectives of this division. C1iAPTER 4. PRESERVATION OF AGRICULTURAL LAND 31150. The conservancy may acquire fee title, development rights, easements, or other interests in land located in the coastal zone in order to prevent loss of agricultural land to other uses and- to assemble agricultural lands into parcels of adequate size permitting continued agricultural production. The conservancy shall take all feasible action to return to-private use or awn .ership, with appropriate use restrictions, all lands acquired for agricultural preservation under this division. 31151. In acquiring interest in agricultural lands, as provided in this division, the con- servancy shall give the highest priority to urban fringe areas where the impact of urbanization on agricultural lands is greatest. 31152. Notwithstanding any other provisions of this division to the contrary, the conservancy shall not act to acquire any interests in lands in the coastal zone for agricultural purposes until the proposed acquisition has been submitted to the commission and the commission has certified that both of the following conditions apply to the proposed acquisition: (a) The lands are specifically identified in a certified local coastal plan for program as agricultural lands. (b) There is no other reasonable means, including the use of policy power, of assuring continuous use of such lands for agricultural purposes. 31153. If the conservancy is unable to purchase an interest in agricultural land which meets the provisions of Section 31152, the conservancy shall request the State Public Works Board to acquire such interest under the power of eminent domain pursuant to Section 31105. 31154. The conservancy is authorized to lease lands acquired in accordance with the provisions of Section 31150. When such leases are made to private individuals or groups, the conservancy shall annually, upon appropriation of such amounts by the Legislature, transfer 24 percent of the gross income. of such leases to the county in which such lands are situated.. The county shall distribute any payment received by it pursuant to this section to itself, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is situated. The amount distributable to the county and each such revenue district or other taxing agency shall be pro- p6rtionate to the ratio which the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such property levied for that year. The county auditor shall determine and certify the amounts distributable to the board of supervisors, which shall thereupon order the making of the distribution. lb-2 Any money distributed pursuant to this section to any county, revenue district, or other taxing agency shall be deposited to the credit.of the same fund as any taxes or assessments on any taxable similar real property similarly situated. Where a county receives a payment pursuant to this section in an amount of twenty-five dollars ($25) or less in respect to any parcel of leased property, all of such payment shall be dis- tributed to the county for deposit in the county general fund. '31155. Proceeds from the sale or lease of lands acquired under the provisions of Section 31150 .,shall be deposited with the conservancy and, after transmission of any payments required by Section 31154, shall be available for expenditure when appropriated by the Legislature for the purpose of funding the programs specified in this division. CiMPTER S. COASTAL RFSTORATION PPDJECTS 31200. The conservancy may award grants tolocal public agencies for the purpose of restoration of areas of the coastal zone-which, because of scattered ownerships, poor lot layout, inadequate park and open space, incompatible land uses, or other conditions, are adirersely affecting the coastal environment or are impeding orderly development. Grants under this section shall be utilized for the installation of public improvements reo -uired to serve sucI, areas. As provided in this chapter, the cost of acquisition of certain coastal access and open-space lands, other than those acquired through dedication, within restoration areas may be funded through the conservancy. Grants under this section may not be utilized as a method of acquisition of public park, recreation, or wildlife areas, except as such uses may be incidental to a coastal restoration project. After redesign and installation of public improvements, if any, lands containing coastal restoration projects, with the exception of lands acquired for public purposes as provided in this chapter, shall be conveyed to any person for the purpose of development in accordance with a restoration plan approved under Section 31208. 31201. All areas proposed for restoration by a local public agency or by the conservancy shall be identified in a certified local coastal plan or program as requiring public action to resolve existing or potential development problems. 31203. In reviewing grant applications and restoration plans, the conservancy shall seek to promote excellence of design and shall stimulate projects which exhibit innovation in sensitively integrating man-made features into the natural coastal environment. 31204. The conservancy may provide up to the total cost of any coastal restoration project, including the local share of federally supported projects. The conservancy may also require local funding participation in coastal restoration projects. The amount offunding available for coastal restoration projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible coastal restoration projects, the degree to which the project meets the objectives set forth in Section 31203, and the application of other factors prescribed by the conservancy for the purpose of determining project eligibility and priority in order to more effectively carry out the provisions of this division. I - 31205. The conservancy shall request the commission, local public agencies, and other public and private groups to assist in the development of criteria and guidelines for the submission, evaluation, and determination of priority of coastal restoration projects. After considering comments received from such sources and ensuring that adequate opportunity for public -review and comment has been provided, the conservancy shall adopt guidelines and criteria for the administration of the coastal program authorized under this chapter. 31206. In accordance with procedures adopted by the conservancy, local public agencies may submit proposed coastal restoration projects for consideration by.the conservancy. After evaluation of the submitted project proposals, the conservancy shall annually prepare a schedule of projects proposed for grants under this chapter. The schedule shall be submitted to the commission for re- view. The commission shall have 90 days to review and to determine the consistency of the projects with Division 20 (comencing with Seation 30000). If no comments are received at the end of such period, the projects.shall be deemed to.be in accordance with Division 20 (commencing with Section 30000). The conservancy shall not provide a grant for any project under this chapter unless the project has been certified by the commission as being in accord with the policies and objectives of Division 20 (commencing with Section 30000). lb-3 31207. Following certification of the annual schedule by the commission, the conservancy shall notify, in writing, local applicants whose projects have been approved for funding and shall request that each applicant prepare a plan for restoration of the area following guidelines established by the conservancy. Local public agencies shall have six months to prepare such plans. -The conservancy may provide up to fifty thousand dollars ($SO,000) of the cost of preparing local coastal restoration plans. 31208. Following receipt of a restoration plan from a local public agency, the conservancy shall such plan to the commission for determination of conformity of such plan with the policies and objectives of Division 20 (commencing with.Section 30000). The commission shall have 60 days to review the project and transmit the findings on such plan to the conservancy. If no comments are received within such period, the restoration plan @hall be deemed to be in accord with Division 20 (commencing with Section 30000). 31209. Following approval of a restoration plan as provided in Section 31208, the conservancy shall so notify the local public agency and shall authorize the agency to proceed with actions required to implement the plan. 31210. Costs of providing parks, open space, or other public areas and facilities may be included as project costs*within coastal restoration areas, if they ate designed.to serve the residents of the restoration area and do not constitute a disproportionate share of the total pro- ject costs. Costs of providing public coastal access sites and scenic easements serving the-public may be permitted as project costs where such.features are identified in the certified local coastal plan or program. . 1 31211. The conservancy and local public agencies, in undertaking coastal restoration projects as provided in this chapter, shall be subject to the provisions of Division 24 (commencing with Section 33000) of the Health and Safety Code. 31212. Any funds over and above eligible project costs which remain after completion of a coastal restoration project as provided in this chapter shall be transmitted by the local public agency to the state and deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purposes of funding the@programs specified in this division. 31213. Where a local public agency is unable or unwilling to undertake restoration of any deteriorating area within the coastal zone identified in'a certified local coastal plan or*program, including the acquisition of and disposal of lands and improvements, the conservancy may undertake such restoration. Such action, however, shall not be undertaken until the commission has done both of the following: (a) Certified that the project is of high priority in terms of accomplishment of the policies and objectives of Division 20 (commencing with Section 30000). (b) Approved a restoration plan for the area as provided in Section 31208. 31214. A restoration plan prepared for a project to be carried out by the conservancy as provided in Section 31213, shall, before any lands are acquired or other implementation actions taken, be-sub- mitted to the local public agency which exercises land use regulation over the area of the proposed project. The local public agency shall have 90 days to review and comment on the proposed coastal restoration project. If, during such period, the local public agency agrees to carry out the project within the'guidelines established in the restoration plan, the conservancy may authorize the local public agency to carry out such restoration which shall then be subject to all provisions of this division. 31215. Prior to undertaking any restoration project under the provisions of,Section 31213, the project shall be included within, and funded under, the Budget Act. CHAPTER 6. COASTAL RESOURCE EU-MMIENT PROJECTS 31251. The conservancy may award.grants to local public agencies and to state agencies for the purpose of resource enhancement of coastal resources which, because of indiscriminate dredging or filling, imporper location of improvements, or incompatible land uses, have suffered.loss of natural and scenic values. Grants under this chapter shall be utilized for the assembly of parcels of land within coastal resource enhancement areas to improve resource management., for relocation of improperly located or designed imporvements, and for other corrective measures which will enhance the natural and scenic character of the areas. As providedin this chapter, the cost of acquisition of certain lands within coastal resource enhancement areas may be funded through _the conservancy. Grants under this section may not be utilized as a method of acquisition of public park, wildlife, or natural areas, except as such uses may be incidental to a coastal resource enhancement project. lb-4 31252. All areas-proposed for resource enhancement by a local public agency or a state agency shall be identified in a certified local coastal plan or program as requiring public action to resolve existing or potential resource protection problems. 31253. 'The conservancy may provide up to the total of the cost of any coastal resource enhancement project, including the state or local share of federally supported projects. The amount of funding provided by the conservancy shall be determined by the total amount of funding available for coastal resource enhancement projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible coastal resource enhancement projects, and the application of other factors prescribed by the conservancy for the purpose of determining project eligibility and priority in order t'o more effectively carry out the provisions of this division. 31254. The conservancy shall request the cormission, local public agencies, and other public and private groups to assist in the development of criteria and 'guidelines for the submission, evaluation, and determination of priority of coastal resource enhancement projects. After considering comments received from such sources and ensuring that adequate opportunity for public review and corment has been provided, the conservancy shall adopt guidelines and criteria for the administration of the coastal program authorized under this chapter. 31255. In accordance with procedures adopted by the conservancy, local public agencies and state agencies may submit proposed coastal resource enhancement projects for consideration by the conservancy. After evaluation of the project proposals submitted, the conservancy shall annually prepare a schedule of projects proposed for grants under this chapter.- The schedule shall be sub- mitted to the commission for review. The commission shall have 90 days to review and make a formal finding on each of the projects included in the schedule. If no comments are received at the end of such period, the projects shall be deemed to be in accordance with Division 20 (commencing with Section 30000). 31256. *The conservancy shall not provide a grant for any project under this chapter unless the project has been certified by the commission as being in accord with the policies and objectives of Division 20 (commencing with Section 30000). 31257. Following review and approval of the annual schedule by the commission, the conservancy shall notify, in writing, the state or local public agencies whose projects have been approved for funding and shall request that each applicant prepare a plan for resource enhancement for the area following the guidelines established bythe conservancy. Such agencies shall have six months to prepare such plans. The conservancy may provide up to fifty thousand dollars ($50,000) of the cost of preparing local coastal resource enhancement plans. 31258. Following receipt of a resource enhancement plan, the conservancy shall forward the plan to the commission for determination of conformity of the plan with policies and objectives of Division 20'(comencing with Section 30000). @ 31259. Following review and approval of a resource enhancement plan as provided in Section 31258, the conservancy shall so notify the agency and shall authorize the agency to proceed with actions required to implement the plan. 31260. As part of an approved coastal resource enhancement project, the conservancy may fund up to 40 percent of any costs of land acquisition. 31261. Private development may be permitted within the area of the coastal resource enhance- ment projects, where such development is compatible with the primary objectives of resource pro- tection and enhancement of the coastal zone. 3.1262. Any funds over and above eligible project costs which -remain after completion of a resource enhancement project as provided in this chapter shall be transmitted to the state and be deposited with the conservancy and shall be available for expenditure when appTopriated,by the Legislature for the,purposes of funding the programs specified in this division. 31263. If a local public agency or state agency is unable or unwilling to undertake improve- ment of deteriorating area, the conservancy may undertake such coastal resource enhancement project. Such action, however, shall not be undertaken until the commission has done both of the following: (a) Certified that the project is of high priority in terms-of accomplishment of the policies and objectives of Division 20 (comencing with Section 30000). (b) Approved a -resource enhancement plan for the area as specified in Section 31258. 31264. A resource enhancement plan prepared for a project to be carried out directly by the conservancy as provided in Section 31263, shall,..before any lands are acquired or other imple- mentation actions taken, be submitted to the local public agency which exercises land use regulation over the area of the proposed project and to any state agency which exercises resource management responsibility in the project area. The local public agency or state agency shall have 90 days to review and comment on the proposed coastal resource enhancement project. If, during such period the local public agency or state agency agrees to carry out the project within the guidelines establ 'ished in the resource enhancement plan, the conservancy may authorize the local public agency or state agency to carry out such enhancement which shall then be subject to all provisions of ihis division. 3126S. Prior to undertaking any resource enhancement project under the provisions of Section 31263, the project shall be included within, and funded under, theBudget Act. CHAPTER 7. RESCURC7, PROTEMCN ZONES 31300. It is the intent of the Legislature to establish buffer areas, to be known as resource protection zones, surrounding public beaches, parks, natural areas, and fish and wildlife preserves lb-5 in the coastal zone. The purpose of such zones shall be to ensure that the character and intensity of private development surrounding any such areas and preserves is generally compatible with, and does not adversely impact, sensitive resource values locatedwithin such public areas and preserves. 31300.1. The conservancy may award grants to state agencies for purposes of the acquisition of interests in lands within resource protection zones in accordance with Section 31304. Grants pursuant to this section shall not be utilized as a method of acquisition of lands which are in- tended to be an integral part of a public park, wildlife, ornatural area. 31300.2. The conservancy may provide up to the full amount of the cost of acquisition of any interest in lands within a resource protection zone. The amount of funding provided by-the con- servancy shall be determined by the total amount of funding available for resource protection pro- jects, the fiscal -resources of the applicant, the urgency of the project relative to other eligible projects, and the application of factors prescribed by the conservancy for the purpose of determin- ing project eligibility and priority in order to.more effectively carry out the provisions of this division. 31301. The Department of Parks and Recreation, the Department of Fish and Game, and other state agencies which own or operate public resource areas within the coastal zone shall: (1) identify units under their jurisdiction which are,particularly susceptible to adverse impacts from surrounding development, and (2) define the general boundaries of impact areas around such units. Such state agencies shall complete the study of impact areas and shall forward recommenda- tions for establishment of resource protection zones to the commission not later than January 1, 1979. The commission shall refer resource protection zone proposals to local public agencies which have jurisdiction over land use regulation in the proposed zones. 31302. Following receipt of the proposed resource protection zones from the commission, local public agencies shall have 60 days in which to submit comments to the commission regarding estab- lishment of the proposed zones. 31303. After considering the comments of local public agencies, the commission shall adopt the resource protection zones and shall recommend their inclusion as part of the appropriate local coastal plan or program. The commission shall specify guidelines to guide local jurisdictions in bringing local land use plans and ordinances into conformity with the objectives of the resources protection zones. 31304. When private development of lands within an adopted resource protection zone will clearly damage resource values within an Adjacent public area, and where exercise of the police power to protect such resource values would be unreasonable, a state agency may, through purchase, dedicationi or other means, acquire development rights, scenic easements, or other interests,-not including fee title, in private lands in resource protection zones. No state agency shall acquire such interest until the commission has certified that such action is in accord with Division 20 (commencing with Section 30000) and is necessary to assure the protection of the resource values within approved resource protection zones. 31305. When any state agency is unable to secure through negotiation, development rights, scenic easements, or other interests required.to protect public resource values as provided in Section 31304, the conservancy may request,the State Public Works Board to exercise the power of eminent domain to acquire such interests pursuant to Section 31105. 31305.5 The conservancy may provide funds to any state agency for the purpose of carrying out the provisions of Section 31301. 31306. The commission shall request that federal, regional, and local agencies which own or operate public resource areas within the coastal zone take appropriate action to establish re.3oir,ce rrotection zones surrounding such areas in a manner similar to that set forth in this chapter for areas under the jurisdiction of the state. MAPTER 8. RESERVATION OF SIGNIFICANT COASTAL RESOURCE AREAS 31350. It is the policy of the Legislature to assure that areas identified in any state, regional, or local.plan as significant coastal resource sites shall be -reserved for public use and enjoyment. To achieve this objective, it is the intent of the Legislatureto vest in the Department of Parks and Recreation authority to acquire and hold key coastal resource lands which otherwise would be lost to public use. 31350.1. The conservancy may make interest-free loans to the department for the purpose of reserving lands specified in Section 31351. Such loans shall be for a period not to exceed 10 years. Upon the disposition of such lands, as provided in Section 31354, the department shall repay all funds advanced by the conservancy and shall be available for expenditure when appro- priated by the Legislature for the purposes of funding the programs specified in this division. 31351. The department shall cooperate with the commission and with other state and local public agencies in ensuring that sites designated in the certified local coastal plans or pro- grams for park, recreation, fish and wildlife habitat, historical preservation, or scientific study are reserved and ultimately utilized for such public purposes. 31352. In the event that any state or local public agency isunable, due to limited financial resources or other circumstances of a temporary nature, to acquire a site which is lb-6 a,certified local coastal plan program, the department may acquire and hold the site for subsequent conveyance to the appropriate public agency. 131353. Notwithstanding any other provisions of law, the department may enter into an option to purchase the lands designated in Section 31350 if the total cost of any such option does not exceed one hundred thousand dollars ($100,000), when the Legislature appropriates funds for purposes of carrying out the objectives of this section. 313S4. The department shall not hold lands acquired in accordance with this chapter more than 10 years from the time of acquisition. A local public agency shall have the right to acquire the land at any time during such 1)e-riod for public purposes indicated in a certified local coastal plan or program. The acquisition price to local agencies shall be based upon the cost of acquisition under this division, plus administrative and management costs in reserving the land. The lands acquired under the provisions of this section shall not be disposed of under the provisions of Section 11011.1 of the Government Code. If, at the expiration of such 10-year period, no public agency is willing or able to acquire the lands, the department shall request the Real Estate Services Division of .-the Department of General Services to dispose of such lands at fair market value without restriction on subsequent land use under this division. 3135S. The department is authorized to lease lands acquired in accordance with this chapter. When such leases are made to private individuals or groups, the department shall annually, upon appropriation of such amounts by the Legislature, transfer 24 percent of the gross income of such leases to the county in which such lands are situated. The county shall distribute any payment received by it pursuant to this section to itself, to each revenue district for which the county assesses.and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is-situated. The amount distributabie to the county and each such revenue distr 'ict or other taxing agency shall be propor- tionate to the ratio which the amount of the taxes and assessments of each on similar real property similarly situated within.that part of the county embracing the smallest in Area of the revenue dis- tricts or other taxing agencies other than thecounty, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such districts and agencies, in- cluding the county, on such property levied for that year. The county auditor shall determine and certify the amounts.distributable to the board of supervisors., which shall thereupon order the making of the distribution. Any money distributed pursuant to this section to any county, revenue district, or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated. Where a county receives a payment pursuant to this section in an amount of twenty-five ($25) or less in respect to any parcel'of leased property, all of such payment shall be distributed to the county for deposit in the county general fund. 31355.5. The conservancy may provide funds to the department for the purpose of carrying out the provisions of this chapter. 31356. All remaining revenue derived from leases, after allocation to counties as specified in Section 31355,shall be deposited annually with the conservancy And shall be available for expendi- ture when appropriated by the Legislature for the purposes of funding the programs specified in this division. CHAPTER 9. SYSTEM OF PUBLIC ACCFSSWAYS 31400. The Legislature finds and declares that it is the policy of the state that the right of the public to access and enjoyment of the coastal resources should be effectively guaranteed. To achieve such objective, it is the intent of the Legislature to vest in the Department of Parks and Recreation authority to implement a system of public accessways to and along the state's coastline. 31400.1. The conservancy may award grants to the department for purposes of the acquisition of interests in, and for initial development of, lands required for public accessways to the coast. The conservancy may also award grants to local agencies for the initial development of public access- ways to the coast where it is determined that such accessways are to serve more than local needs. 31400.2 The conservancy may provide up to the total cost of the acquisition of interests in lands and the initial development of public accessways by the department.' The conservancy may also provide up to the total cost of the initial development of public accessways by local agencies, as provided in Section 31400.1. The amount of funding provided by the conservancy shall be determined by the total amount of funding available for coastal public accessway projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible projects, and the,applica- tion of factors Prescribed by the conservancy for the purpose of determining project eligibility and priority in orde'r to more effectively carry out the provisions of this division. 31401. The department shall develop and adopt standards to guide state and local public agencies and federal agencies to the extent permitted by federal law or regulations or the United States Constitution in acquiring and developing public access to coastal resources. 31402. In order to assure that an adequate system of public accessways is provided along the entire coastline, the department may acquire fee title or lesser interests, develop, and maintain areas required for public access to significant coastal resources. 31403. The department may not acquire any public Access site unless such acquisition is approved lb-7 by the Legislature as part of its annual approval of the Budget Act. 31404. When another local public agency is unable or unwilling to,take title to an area re- quired for public access to and along the coastline, the department may accept title to such an area. The department, however, shall not be required to open any area for public use when, in its estima- tion, the benefits of public use would be outweighed by the costs of development and maintenance. The department shall make a determined effort to identify local public agencies which will accept responsibility for maintenance and liability for public accessways which are located outside of the state park system. The department may lease any public access site to a public agency; provided, however, that the conditions of such transfer guarantee public use of the site for access to coastal resources. 31405. The department may accept from any state or local public agency fees collected for purposes of providing public access to coastal resources. Any funds coll 'ected from such source.shall be expended by the department for the sole purpose of acquisition, development, and maintenance of public accessways to the coastline. 'To the maximum extent possible, such fees shall be expended in the general area where they are collected or in areas where public access to and along the coastline is clearly deficient. The department may transfet funds, including such fees, to a local public agency for the purposes of acquisition of sites for public access to and along the coastline. 31405.5 The conservancy may provide funds to the department for the purpose of planning and maintaining a syster-of public accessways to and along the state's coastline. 31406. Commencing on January 2, 1978, the department shall annually prepare and submit to the Governor, the Legislature, and the commission a-report describing progress in achieving the objectives of this chapter, including requirements for funding, staffing, and further legislation. @F.C, 2, No appropriation is made by this act, nor is any obligation created thereby under Section 2231 of the Revenue and Taxation Code, for the reimbursement of any local agency for any costs that may be incurred by it in carrying on any program or performing any service -required to be carried on or performed by it by this act. RFC, 3. This act shall become operative only if Senate Bill No. 1277 of the 1975-76 Regular Session is enacted and shall become operative at the same time as Senate Bill No. 1277. Ib-8 APPENDIX 2 HISTORY OF CALIFORNIA COASTAL PLANNING LEGISLATION APPENDIX 2 HISTORY OF CALIFORNIA COASTAL PLANNING-LEGISLATION To better understand the intent of the California Coastal Act of 1976, one should be familiar with the history of coastal management in California, particularly because the Coastal Act of 1976 resulted directly from the work of the Coastal Conmissions established by Proposition 20 in 1972, and coastal planning conducted under earlier programs. Early Activities Prior to the passage of the California Coastal Zone Conservation Act of 1972 (Proposition 20), and with the exception of the San Francisco Bay Conservation and Development Commission, California's de, facto coastal zone management system consisted of a network of Federal, State and local laws and ordinances and judicial and administrative decisions. Although a number of State agencies have specific responsibilities in portions of the coastal zone, as will be discussed below, until November 7, 1972, California had no comprehensive, coordinated coastal zone management system at the State level. State interest and concern for the coastal zone does, however, predate the 1972 election. A 1931 State Assembly report on seacoast conservation declared a need.for the proper management of the coastline and called for the creation of a single governmental agency, at the State level, to supervise and to the same extent control activities affecting the seacoast. Nothing came of this report. In 196-3, California began to study marine resources problems. The State Office of Planning contracted with the Institute of Marine Resources to study the relationship of California to the use of the ocean. The Department of Finance, together with the California Museum of Science and Industry and the California Museum Foundation, sponsored a conference on "California and the World Ocean". The successful conference on "California and the World Ocean" was held in Los Angeles, January 31- February 1, 1964. As a result of this conference,then-Governor Edmund G. Brown, Sr.-requested a small group of representatives from government (both State and national), the academic community, and the industrial community to continue the dialogue in a manner that would encourage increased use of the ocean by the people of California. The study undertaken by the Institute of Marine Resources involved the work of more than 35 experts from the University of California. It undertook to: (1) Broadly review the relationship of the sea and its resources to the State of California and its people, and the role of marine resources in California's development. (2) Specifically evaluate; (a) Specific resource needs of the people of the State that could be met by resources of the sea. (b) The terrestrial alternatives to and unique advantages of, the use of marine resources. (c)- The opportunities that may exist for new uses of marine r6sources or for expanded uses of those now being utilized. (d) Existing or potential use and devel opment conflicts and the nature of such conflicts, and possible means of their resolution. (3) Examine the possibility of modifying the marine environment for various coastal and offshore development purposes. (4) Examineand evaluate the State's role vis-a-vis Federal and local governments with regard to - resource conservation and development. (5) Where appropriate and*feasible, formulate policy recommendations with respect to the areas of public concern identified above, and indicate information, data, and direction of action which is needed to provide for further necessary policy decision. The study, entitled "California and Use of the Ocean," was published in October 1965. Governor's Advisory Commissions on Ocean Resources In late 1964, Governor Brown appointed a Governor's Advisory Commission on Ocean Resources (GACOR:-I), in response to the conference, "California and the World Ocean". The initial meeting of GACOR was held in January 1965. GACOR was asked to consider: (1) The opportunities presented by the ocean's resources for enhancing the economy of California; (2) The problems inherent in the utilization of these resources; and (3) Specific programs which might be undertaken by the State, in concert with industry, the academic community, and other governmental agencies, that could accelerate utilization of the sea's resources. GACOR-I was disbanded at the end of the Brown Administration. In 1967, then-Governor Ronald Reagan appointed GACOR-II to advise him and his administrationon matters-relating to ocean resources. A common conclusion reached by both GACOR-I and GkCQR-II was a recommendation for the development of". a comprehensive plan for the California coast. In 1967, GACOR-II recommended that: "A procedure be established for the supervision by appropriate State agencies of the manage- ment of coastal land by local agencies. Such supervision shall include the review and approval or disapproval of acts and.decisions affecting the use of such lands which shall include all tide and submerged land within the boundaries of any local agencies and all .lands shoreward thereof whose disposition affects the development and beneficial use of marine resources. Such procedure shall provide for public hearings by such State agencies in the locality concerned. The procedure shall specifically govern local zoning, taxation, environmental quality control, mineral development, boundary establishment, waste disposal and coastal development." Comprehensive Ocean Area Plan In September 1967, the Marine Resources Conservation and Development Act was passed which required that the Governor develop a California Comprehensive Ocean Area Plan (COAP). The COAP's objectives were: ... to develop, encourage, and maintain a comprehensive, coordinated State plan for the orderly, long-range conservation and development of marine and coastal resources which will ensure their wise multiple use in the total public interest." The Act also established the California Advisory Commission on Marine and Coastal Resources (DE) review the COAP and "recommend any changes or additions it deems desirable.- The Act also provided: "The commission shall consider the interest and role of the State in the conservation and utilization of marine and coastal resources, and shall recommend the ogranization structure of State government which can most effectively carry out its provisions." The Act also required that the CMC review and recommend administrative or legislative action for virtually every element of the COAP and to: ... undertake a comprehensive investigation and study of all aspects of the marine sciences and the marine and coastal environment in and proximate to the State of California." Early Coastal Legislation Conservationists had attempted to enact coastal zone planning and management legislation during the 1970-71-72 sessions of the Legislature. In each of these years they were able to move legislation out of the Assembly only to have it expire in the Senate policy committee. In 1971, formerly fragmented conservation, civic, student, labor, professional, sports, and a variety of other citizen groups joined together under one umbrella organization, the California Coastal Alliance, for the express purpose of enacting effective coastline legislation. The Coastal Alliance concentrated its support in 1971 on Assembly Bill 1471 (Sieroty-Dem., Los Angeles). This bill passed the State Assembly by a two-thirds vote. After numerous amendments and hearings before the policy committee in the Senate,it was defeated. 2-2 In 1972, the Coastal Alliance returned with legislation, AB 200 (Sieroty), essentially identical to AB 1471. AB 200 incorporated many of t`ie amendments to AB 1471 which resulted from extensive committee hearings. With strong bipartisan support AB 200 passed the Assembly with a larger vote than AB 1471 had mustered in 101. However, it soon became evident that opponents would again be able to block it in the Senate. In late July, 1972, AB 200 was defeated in the Senate. Angered and frustrated, the Coastal Alliance proceeded to draft and qualify, for the November 1972 general election ballot, an initiative measure which was essentially identical to AB 200. Over 500,000 voter signatures were required to achieve this task. Generally, the same persons ieho had participated in the drafting of AB 1471 and AB 200 were involved i-. the preparation of what became known as Proposition 20. Although most of the.public's attention focused on AB 1471 and AB 200 during the 1971 and 1972 sessions of the Legislature, a number of other bills were introduced dealing with coastal zone planning and management. These measures were generally considered by conservationist@forces to be "weak" and slanted in favor of development interests. None of them had the support necessary to move them out of their respective houses of origin. Proposition 20 retained many of the am@@ndments that had been accepted in AB 1471 and AB 200. This was' as much the result of an awareness of the political realities of a statewide campaign as an awareness of the constructive nature of these changes. As it was, Proposition 20 was viewed as an initiative proposal most provisions of which had been thoroughly discussed during the legislative hearing process. This was a significant advantage in the carnpaign. In addition, the Act established the Interagency Council on Ocean Resources (ICOR). ICOR was chaired by the Lieutenant Governor and included the Secretaries of Resources. Human Relations, Riisiness and Transportation, and Agriculture and Services, and the Chairman of the State Lands Commission (the State Controller). .In 1968-69 funds were budgeted for an independent, full-time staff to produce the COAP under the direction of ICOR. In 1970, the COAP project was assigned to the Department of Navigation and Ocean Development. Policy direction remained with ICOR. By th6 beginning of 1970, it was clear the CMC's major role for the immediate future would be in its advisory function regarding governmental organiza- tion. During the week of February 10, 1972, the Department of Navigation and Ocean Development delivered to the CMC the draft of the COAP including Chapter VI which recommended a coastal management system. CMC requested a redraft of this chapter, but the chapter was subsequently dropped from the COAP. COAP was completed and released at the end of May 1972. The COAP provides a wealth of coastal planning information which was transferred to the California Coastal Zone Conservation Commission in 1972. On April 25, 1973, the CMC completed its work. San Francisco Bay Conservation and Development Commission The San Francisco Bay Conservation and Development Commission (BCDC) was established in 1965 as a temporary agency to prepare a plan for San Francisco Bay. Based on the San Francisco Bay Plan adopted by BCDC in 1969, the State Legislature made the Bay Commission a permanent agency with responsibility for regulating development in and around the Bay. Because BODO is already carrying out a coastal management program based on an adopted plan, no Federal assistance for coastal zone planning (under Section 305 of the Coastal Zone Management Act) is being requested for this agency;-however, a separate request is being made for Federal funds (under Section 306 of the Coastal Zone Management Act) 7o assist in carrying out the BCDC management program. California Coastal Zone Conservation Act of 1972 The California Coastal Zone Conservation Commission was established by-the voters of California when they approved Proposition 20 on November 7, 1972, and thereby enacted the California Coastal Zone Conservation Act of 1972. The Act was drafted with the assistance of State Legislators who had fought for an effective coastal management law during the three previous legislative sessions, and with help from experts in coastal problems. Both the Federal and the California Acts have the same goal: establishing a sound mianage- ment program for the coastline utilizing the coordinated efforts of all appropriate governmental agencies,@with the management program based on a comprehensive coastal plan evolved through a process employing maximurr. public participation. The Act established one State and six regional @oastal *zone conservation commissions which varied,@r size from 12 to 16 members. They consisted of a total of 84 part-time commiss--loners--half locally elected officials (county supervisors, mayors, and city councilmen), and half public members appointed one-third by the Governor, one-third by the Senate Rules Committee, and one-third by the Speaker of the Assembly. The locally-elected officials, with the excepti@n of representatives from regional, councils of government, had to come from the 15 coastal counties to which Proposition 20 applied. The commissioners represented a broad cross-section of the public. 2-3 These seven commissions, after public hearings and in full consultation with all affected gover . nmental agencies were required to prepare a comprehensive plan (the California Coastal Plan) for the long-range conservation and-use of California's coastal zone resources. The law required that the Plan be adoptedby the State Coastal Commission and submitted to the Legislature by December 1, 1975 for adoption and implementation. It is important to note that this plan was not self-implementing. The final responsibility for its implementation rested with the State Legislature @Td_ the Governor. While the Plan was being prepared by the Coastal Comnission and,considered by the State Legis- lature, the commissions exercised interim permit controls over virtually every type of activity that constituted a new commitment of or had a significant impact on coastal zone resources. These interim permit controls applied in a geographic area extending from three miles at sea to 1,000 yards inland f rom the. mean high tide line. This permit area has a smaller portion of the coastal zone or planning area. The permit requirements commenced on February 1, 1973. No development activity that falls within the scope of the Act's permit requirements could proceed unless a two-pronged test is met. This test required that the appropriate coastal commission find that the proposed development would not have "any substantial adverse enViron- mental or ecological effect"'and that it would be consistent with both the findings and declarations Pet forth in the intent section of the Act, and with the objectives of the Plan. These broad tests have been refined and more specific standards and guidelines, by which proposed developments could be evaluated, were being used by each of the coastal commissions. Activities of a particularly significant nature with regard to their impact on the shoreline interface required a two-thirds, rather than a majority vote, of the total authorized membership of the commission. An applicant whose development permit has been denied or any "aggrieved"by the approval of a permit by the regional commission could appeal the decision to the State Commission. The State Commission could refuse to hear appeals that raise no substantial issues. Those appeals it decided to hear were heard de novo and voted on in the same manner and by the same vote as required at the regional level. An appl-icant or any "aggrieved" person could seek judicial review of a cormission's permit decision@ The Act gave any person the right to go to court for injunctive relief and to recover civil penalties for the violation of any provision of the Act including the permit provisions. No bond was required for such actions and persons found to be in violation of the Act may be Isubject to a $10,000.fine. Violations constituting developments could lead to an additional fine of $500 for each day that the unlawful development activity continues. The Act contained strong conflict of interest provisions designed to prevent commissioners from acting on a particular matter if they or certain defined persons (e.g., partner, spouse, etc.) had a financial interest in it. These provisions also prohibited persons having a defined relationship to a commission, to a commissioner, or to a commission staff member from acting in a particular matter except on behalf of the State or political subdivision thereof. These provisions did not prevent a person from serving on a commission. Violation of these conflict of interest provisions could subject the violator to imprisonment in the State prison. Legislative Action on Coastal Plan When the coastal commission submitted its Coastal Plan to the State Legislature and the Governor in December 1975, the future management of the California coast was placed in the hands of the State's lawmakers. Action during the 1976 legislative session was imperative because, under Proposition 20, the authority of the coastal commission expired on December 31, 1976. In February 1976, Senator Anthony Beilenson introduced the Coastal Conservation Act of 1976. The bill embodied the policies of the'Coastal Plan. It contained the Plan's basic proposals for implementation, with continued temporary permit control vested in the coastal commissions until local governments along the coast developed local plans and ordinances conforming to coastal policies. After local coastal programs were approved by the commissions, local governments would then issue the permits for coastal developments. The structure of the commission would remain essentially the same as under Proposition 20, except the regional commissions would be phased out after local programs became effective. The proposed juris- diction included three tiers: the coa@stal zone (for major energy and public works projects), the coastal resource management area (for planning and some interim controls), and the 1,000 yard permit, area. After extensive hearings and many amendments, the bill was passed out of the Senate Committee on Natural Resources by a vote of 5 to 3.- This versi 'on of the bill was significantly streamlined and the problems of over-lapping jurisdiction with other State agencies were addressed and resolved. The bill then went to the Senate Finance Committee where it was defeated by a vote of 6 to 5, one short of the 7 votes needed to clear the committee. The Legislature went into recess in July with no coastal bill on the docket. 2-4 Within a week, coastal bill supporters, supported by Senate and Assembly leaders and the Governor, were able-to revive coastal legislation by amending the coastal bill into a bill introduced by Senator Jerry Smith, that had already passed the Senate. Meanwhile, two other coastal bills emerged, using the same .method of amendment into an already-passed minor bill as a vehicle. Both were considered significantly weaker than the Smith bill and were opposed by the costal commission and environmentalists. During the first week of August, the two weaker coastal measures were killed by failing to pass out of the Senate Natural Resources and Wildlife Committee, leaving only the Smith bill. Negotiations with various interest groups resulted in amendments that allowed many of these major groups (such as the Associated General Contractors and the League of California Cities) to either withdraw their opposi- tion or actively support the bill. During the second week of August, the Smith bill was passed out of the Assembly Committee on Resources, Land Use and Energy; the Assembly Ways and Means Committee; and off the Assembly floor. Supporters of the bill expected that the compromises now embodied in the bill would help secure the Senate approval. On August 17, the Senate Natural Resources and Wildlife Committee voted 6 to 3 to send the bill to the Senate with a recommendation for concurrence. At that point, the coastal zone juris- diction was reduced to generally 1,000 yards, with inland extensions for environmental and recreational resource areas; areas of over-lapping authority with other State agenci:es were eliminated; a special process was established for the review and approval of port master plans; and local governments were given the option of issuing coastal permits before certification of local plans. The bill finally passed the Senate on August 23 by a vote of 25 to-9, but only after last minute negotiations*with labor interests secured on agreement for a "trailer" or "clean-up" bill (AB 2948) that would follow the Smith bill with several important concessions: the regional commissions would go out of existence and be reactivated-for up to two years only if the State Commission decided the work- load required it; made urban exclusions mandatory based on certain findings; and required the Legisla- ture to certify within two years those sensitive coastal areas designated by the coastal commission for special protection. During 1976,the Legislature also considered, and passed, other legislation affecting the coast, -in- cluding Assemblyman Michael Wornum's AB 3544, establishing the State Coastal Conservancy; AB 400, which provided various coastal acquisition funds as well as an appropriation for operation of the Coastal Commissions; Senator John Nejedly and Assemblyman Gary Hart's SB 1321, which placed on the November 1976 ballot Proposition 2, the State Urban and Coastal Park Bond Act of 1976, passed by the voters; and Assemblyman Barry Keene's AB 2133, which provided coastal wetland acquisition funds. Governor Edmund G. Brown, Jr. signed all of these bills, though he cut some of the AB-400 acquisition funds. 2-5 APPENDIX 3 SIGNIFICANT COASTAL ESTUARINE, HABITATAND RECREATIONAL AREAS APPENDIX 3 SIGNIFICANT COASTAL ESTUARINE, HABITAT, AND RECREATIONAL AREAS (Inland Extension Areas) Following is a brief descriptive list of those 18 "bulges" containing significant coastal habitat/, estuaries, and recreational areas--that extend inland from the general 1,000 yard boundary but were, by legislative act, included within the coastal zone and are subject to the provisions of the Coastal Act. The 18 areas are referred to in the definition of "coastal zone" in Section 30103(a) and are specified on maps filed in the Secretary of the State's office (See Chapter 4 of the CCMP for an explanation). Lakes Earl and Talawa-Smith Riv er Delta The Smith river floodplain encompasses a total of 28,600 acres of which more than 25,000 acres "have high fish and wildlife values" according to the Department of Fish and Game. Over 250 species of birds and 58 species of mammals are recorded within this area. The Smith River and its tributaries provide 350 stream miles of spawning and nursery area for resident and anadromous fish. Average annual anardromous fish runs include 30,000 steelhead, 15,000 king salmon and 5,000 silver salmon. Development has been limited to 2,800 acres of the floodplain to date but grading for a 1,500 acre subdivision adjacent to Lake Earl has already been completed and other developments are proposed. Full buildout of potential development could have adverse impacts on this important habitat. Freshwater, Stone,and Big Lagoons The three lagoons are an exceptional complex of freshwater, brackish and wetland environments. Because of the variation in salinity among the three lagoons, the areas are valuable sites for research and education. According to the Department of Fish and Game, all three lagoons are important nesting areas for migratory waterfowl. Lands surrounding the lagoons should be managed to minimize sediment runoff and visual degradation from logging operations or from potential conversion of timberlands to residential development. Eel River Delta The Eel River Delta encompasses a total of 33,000 acres of which more than 30,000 acres are "important fish and wildlife habitats" according to the'Department of Fish and Game. All but 170 acres of the delta is in private ownership and about half the land is free from annual flooding and is thus potentially buildable. The delta is regarded as one of the State's most valuable habitat areas and is an important recreational area, principally used for hunting and fishing. Ten Mile River Estuary, Ten Mile Dunes and Inglenook Fen Ten Mile River Estuary, Dunes and Inglenook Fen is one of the most important wildlife estuaries on the Mendocino Coast. One hundred and seventy acres of valuable estuarine habitat is proposed for acquisition. Lands surrounding the estuary and the Fen should be managed to prevent sedimentation and pollution of the estuary and the Fen. Uplands and dune areas should be managed to protect the habitat area from off-road vehicles and trail'bike use. Mendocino-Sonoma Coast The Mendocino-Sonoma coast is an important visitor destination area for residents of the San Francisco Bay Area and is extensively subdivided. There are over 4,000 lots already subdivided excluding the Fort Bragg area. If these subdivisions, such as Sea Ranch, Irish Beach, and Whiskey -Shoals,are completely built-out, Highway I would be overloaded,limiting public access to beaches and special coastal communities.- Bodega Bay Bodega Bay.consists of nearly 850 acres of shallow estuarine and wetlands habitats, including 500 acres of extremely productive tidal mudflats. The watershed covers about 7 square miles, in which,subdivision and development could have adverse impacts such as siltation and pollution of the Bay. In addition, the -area surrounding the Bay is an extremely valuable recreational and scientific resource, with the UC Marine Laboratory, Sonoma Coast State Park (over one million user-days reported in 1972)., two county-owned parks, two nearly.pristine estuaries and important commercial fishing facilities. Inappropriate development could not only directly affect the lagoon itself but also recreational traffic access, grazing open space uses, and human disturbance of sensitive marine and land habitats. 3-1 Tomales Bay The San Andreas fault has created a great sunken valley whore it enter's the California mainland near the southern boundary of Sonoma County. The resulting enbayment, Tomales Bay, is an extensive wetland with many unique properties. Many areas of salt marsh occur along the edges of the Bay, the south end of which is a large region of mudflats and both fresh and saltwater marshes.- Many agencies, public and private, own marshlands and use them and the Bay environs for scientific study. The sensitive nature of these marshes requires the protection of a coordinated management program for the upland drainage areas and the buffer zones around them which have been extensively subdivided. Population growth resulting from subdivision buildout would triple the existing population. The Coastal Commission has recommended the acquisition of four areas around Tomales Bay to provide public access and protect marshlands. .San Mateo-Santa Cruz Coast Mid- and south coastside San Mateo County and northern Santa Cruz County are a major recreational desti,nation for residents of much of the San Francisco Bay Area. -The projected increases in intra-regional recreation traffic will greatly exceed present highway capacities. Future recreation development must be closely integrated with transportation planning. Mid-coastside San Mateo has already been extensively subdivided and the number of developable lots in the area would permit a quadrupling of'the present population which is currently 15,000 people. Such increases in population would greatly exceed existing highway, local water supply, and sewage systems capacities. Numerous proposals have been made to convert agricultural lands of the south San Mateo coastside and north coast Santa Cruz to recreational subdivisions and private campgrounds. Intensive recreation or residential development of these areas will congest Highway 1 and impair access by day use recreationists. Elkhorn Slough The Elkhorn Slough, consisting of 2,500 acres of marshes, mudflats and waterways, is an important link in the coastal flyway for migratory shorebirds, waterfowl,and other water-associated birds. During the fall, the Slough will often support a bird population as high as 20,000. The area also records annual fish landings of over 15 million pounds and supports commercial salt production on 800 acres of the Slough. Pollution from neighboring industrial.agricultural and sewage treatment facilities has reduced the productivity of the Slough, and diking and filling have -liminated important habitat areas. Successive land divisions on upland areas are destroying wildlife values of the Slough from urban run-off and septic tanks. Big Sur-Northern San Luis Obispo County The Big Sur Coast and Northern San Luis Obispo County are linked together by Highway 1 which has no lateral access points from inland California between Carmel and Cambria. This road is itself a major national scenic attraction and provides access to many recreational destinations such as the popular Hearst Castle Historical Monument. The major issues along this scenic 90--mile stretch of coast is that the exi sting commitment to growth, in terms of County zoning and approved plans, threatens the scenic beauty and could reduce recreational access. County planning and zoning would allow up to 11,000 homes along the Big Sur coast. This would not only irreversibly change the character of the area but would congest the road, thus excluding the public from enjoying the recreational and scenic resources of this portion of the coast. Morro Bay Morro Bay is a unique, complex, and highly productive estuary, with ecological processes similar to Bolinas and Bodega. The Bay has nearly 3,000 acres of wetlands habitats, over 2,000 subject to tidal action. Inappropriate urbanization of the surrounding watershed could create the following adverse impacts on the Bay; sedimentation (silting up the highly valuable wetlands), nutrient loads in runoff and possible sewage discharges (degrading the bay); increased runoff flows; potential flood control works; and lower groundwater infiltration which changes freshwater/saltwater balance and threatening the whole ecosystem. Nipomo, Santa Maria, Guadalupe,and Vandenberg Dunes South of Pismo Beach an extensive pattern of small creeks, wetlands, and sand dunes begins that extends 49 miles to Point Arguello in Santa Barbara County. This area is of statewide and national interest because of its unique dune and wetlands vegetation. The dunes are also an important recreational resource several portions of which are being extensively used by off-road vehicles, resulting in increasing damage to natural resources. A Coordinated management program is needed to balance scientific use with its increasing demands from all of the recreational uses that this area can provide. The Coastal Commission has recommended the acquisition of portions of the Santa Maria 3-2 and Guadalupe dunes,for both recreational and resource preservation purposes, to begin to implement this long-range goal. Point Arguello to Gaviota The area from Point Arguello to Gaviota is the last extensive open space segment of the Southern California coast. Portions of the land are in Federal ownership but the private lands are being proposed for many conflicting uses. Among those proposals are new towns, liquid natural gas plant, nuclear power plant, and ranchette subdivisions. A comprehensive plan of management is needed to prevent incompatible uses such as housing adjacent to hazardous_energy facilities. Carpinteria Valley The Carpinteria Valley is a narrow coastal valley between coastal mountains in Los Padres National Forest and P'acific Ocean. Viewshed includes compact, small city surrounded by scenic avocado and lemon orchards against abrupt backdrop of chaparral-vegetated mountains. There are important wildlife habitats in both the mountains and in El Estero, a lagoon and marsh complex at the west end of the town. Maintenance of several drainages'between the Estero and the mountains is of importance for preserving the quality of the wildlife habitat. There is heavy development pressure in the valley to create suburban residences for employment centers in Los Angeles as well as Oxnard-Ventura area and Santa Barbara. Uncontrolled sprawl would remove the present extensive open areas needed for upland feeding, nesting, and resting of lagoon wildlife. Santa Monica Mountains The Santa Monica Mountains are the last large open space area in the Los Angeles metropolitan region. As such they represent a great potential for recreational development and use linking the ocean to upland and Inland recreational areas. Any proposed developments also must take into consideration the many geologic hazards in the area. Various plans and acquisition proposals are under active consideration and developments must not be allowed to preclude planning options that allow maximum feasible public recreational and wildlife preservation opportunities. (See special discussion on this bulge in Chapter 4.) Irvine Coastal Area This little-developed area extending some 15 miles between city limits.of Newport Beach and Dana Point is owned fn part by the Irvine Company. This area is almost entirely undeveloped and remains the major opport-unity for open space preservation along the Orange County coast. For that portion of the area that is owned by The Irvine Company, it has been proposed that a coastal community of 30,000-50,000 persons with a major shoreline resort at Crystal Cove be developed. The Irvine plans, in coordination with the County, anticipate the completion of a six-lane extension of Highway 73 through the hills to connect with Interstate 5 behind San Juan Capistrano to serve an anticipated population of between 700,000 and 1.2 million for that portion of Orange County. Four roads through the hills would connect inland areas with Highway 1. These very substantial development proposals could severely harm the area's coastal resources. Residential growth could destroy valuable natural areas, diminish public access to recreation and commercial facilities along the coast, and create a substantial increase in vehicle miles traveled, placing further stress on already poor air quality. A coordinated management plan must be developed which will balance future growth and develop- ment with the provisions of adequate access. The Coastal Commission and the State Department of Parks and Recreation have proposed the acquisition of significant portions of this area to begin to accomplish this goal. Northern San Diego County Lagoons The laggon system in northern San Diego County comprises the last major wetland system in Southern California (over 75% of these wetlands have been destroyed). The area includes Agua Hedionda, Batiquitos, San Elijo, San Dieguito, and Los Penasquitos Lagoons, and the smaller Canyon de Los Encinas Marsh. All five of the lagnons are on the high priority acquisition list of the California Department of Fish and Game and the U.,S. Bureau of Sport Fisheries and Wildlife. Together, they comprise over 2,500 acres of marsh, mudflat, and lagoon habitats. Agua Hedionda is permanently open to the sea; Los Penasquitos and San Elijo are partially tidal; and Batiquitos and San Dieguito are potentially tidal. These lagoons are not only vital natural resources for fish, waterfowl, and wildlife but also important recreational and scenic resources, with major open spaces, regional parks, and fishing and boating opportunities provided or planned. Development in the river watershed areas included in the proposed coastal zone boundary line of these lagoons can have adverse impacts including; sedimentation (perhaps cutting them off from tidal flushing and creating health hazards as well as destroying habitat value); increasing nutrients in runoff (causing decay and algal blooms;) flood control works that alter tidal action; actual filling of the lagoon areas; paving that could reduce ground water recharge, destruction of riparian buffer 3-3 areas that help protect the lagoon, and recreational overuse that destroys these sensitive habitats. Tijuana River Flood Plain The floodplain of the Tijuana River covers about 5,200 acres containing about 1,500 acres of beach, dunes and salt marsh habitat. The area supports many species of birds, mammals, and reptiles. Two endangered species, the light-footed clapper rail and the least tern, nest in the estuarine areas. About half of the prime habitat areas are in public ownership; the other half has been the focus of several development proposals including a concrete flood control channel and a 500 acre marina. Productivity of the wetland is also threatened by filling. Lakes Earl, Talawa - Smith River Delta Del Norte Freshwater, Big, and Stone Lagoons COASTAL ZONE Eel River Delta INLAND EXTENSIONS Humboldt Mendocino 10 mile River, Estuary, Dunes, and Fen Mendocino-Sonoma Coast Bodega Bay Sonoma Tornales Say Marin San Francisco San Mateo San Mateo-Santa Cruz Coast Santa Cruz Elkhorn Slough Big Sur-San Luis Obispo Coast -Monterey San Luis Obispo Morro Bay Santa Barbara Ventura Santa Maria Dunes. Pismo Beach Pt. Arguello Gaviota-;-- Los Angeles Carpinteria Valley----- Orange Santa Monica Mountains San Diego, Irvine Coast Northern San Diego Lagoons Tijuana River Estuary Source of Nbp: California Research, State Coastal Report, Vol IV, No. 4 (August/September, 1976). 3-4 0 APPENDIX A AREAS OF CONCERN IN THE COASTAL ZONE APPENDIX 4 AREAS OF CONCERN IN THE COASTAL ZONE The Coastal Act expresses concern over numerous coastal natural and manmade -resources and special areas. These in turn make up the area identified as the California coastal zone. The following list depicts the comprehensiveness of the Coastal Act by identifying those resources and areas of concern mentioned in the Coastal Act and a short summary of the provisions which apply. While it is clear that there are some major areas of particular concern within the coastal boundary such as the areas known as "sensitive coastal resource areas," which will be designated over the next few years, the list will show that practically every significant action or development must take into account.a multiplicity of resources and resource areas and because of this, it must do so on a case-by-case basis. Therefore, California does give recognition to the fact that the whole coastal management. boundary is an area of particular concern. The following is a more complete list of areas than identified in Chapter 4 of the CCMP, but this list is not meant to be all-inclusive. Significant Coastal Resources 30007.5 Protection of generally to be favored in-conflicts between policies of Coastal Act. Sea The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through a connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. 30115: Defined. Marine Environment 30230: Uses of to be carried out in a manner that will sustain biological productivity and maintain healthy populations of all species of marine organisms adequate for various long-term purposes. 30711 (a): Port master plans to estimate effect of development on, and.make proposals to minimize and mitigate substantial adverse impacts on. Sand Transport Systems 307o6 (b): Port filling seaward of mean high tide line to minimize harmful effects on. Local Shoreline Sand Suppl 30235: Design of various shoreline structures to mitigate or eliminate adverse impacts. All Waters Subject to the Public Trust 3o6lo-5 (b):' Not to be included in urban land areas excluded from permit provisions of the Coastal Act under Section 3o610-5(a). 4-1 Offshore Islands 30103 (a): Included in the coastal zone (the sea to the State's outer limit of jurisdiction). Channel Islands 30263 (a): Refineries or petrochemical facilities not to be permitted on. Marine Areas of Special Biological or Economic Significance 30230: Given special protection. Coastal Waters 30224: Increased recreational boating use of to'be encouraged by various means. Open Coastal Waters, Streams, Wetlands, Estuaries2 and Lakes 30231: Biological productivity and quality appropriate to maintain optimum populations of marine organisms to be maintained and rest6red, where feasible, by various means. 30233 (a): Diking, filling, or dredging permitted if in accordance with other policies and where there is no feasible less environmentally damaging alternatives and where feasible mitigation measures have been provided and only for certain kinds of development. Open Coastal Waters, Streams, Estuaries and Lakes 30233 (a): Provision for new or expanded boating facilities in. Open Coastal Water Sites 3W05 (c): Disposal of dredge spoils may be permitted in. Confined Coastal Waters in Ports 30705 (c): Disposal of dredge spoils may.be permitted in. Estuaries and Wetlands 30233 (c): Permitted diking, fillingi or dredging in to maintain or enhance the functional capacity, Significant Coastal Estuaries, Habitat, and Recreation Areas 30103 (a): 18 specific areas where coastal zone boundary extends inlajid to the first major ridgeline paralleling the sea or five miles from the mean high tide line, w .hichever is less, as specified on a particular map referenced in the Coastal Act. 4-2 Wetlands Lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water-marshes, swamps, mudflats, and fens. 30121: Defined. @0607-1: Mitigation measure or in-lieu fee required for any permitted dike and fill development in wetlands. 30255: In general, not to be thelocation of coastal-dependent developments. .30233, (a)(3) Provision for entrance channels for new or expanded boat facilities. 30233 (c): Any alteration in 19 identified wetlands'to be limitedto very minor incidental public facilities, restorative measures, nature study, conunercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay. Degraded Wetlands 30411 (b):, Provision for cooperative study of for purposes of restoration in conjunction with development of boating facilities. 30233 (a)(3): Provision for boating facilities in under conditions requiring substantial part to be restored and limiting size,of facility. Wetlands, Estuaries, and Existing Recreational Areas (Indicated in Part IV of the Coastal Plan.) 30700: Not included in the jurisdiction of the ports subject to the provisions of Chapter 8 of the Coastal Act. 30710: Commission to prepare map of. Shoreline Area n hor 30255: Coastal-dependent developments to have priority over other developments 0 or near the s e- line. State Lands 30416 (a): State' Lands Commission to review proposed LCP s or port master plans that may affect. Public Trust Lands (Filled or Unfilled) 30519 (b): Not.included in development review authority delegated to local governments. 3o6oo (b): Not included in development review authority of local governments prior to certification of LCP s. 3o61o-5 (b): Not to be included in urban lands excluded from permit provisions of Coastal Act under. Section 30610.5(a). 4-3 State Tide and Submerged Lands (Filled or Unfilled)' 3o416 (a): State Lands Commission to review proposed local coastal programs or port master plans that may affect. 30519 (b): Not included in development review authority delegated to local governments. 30600 (b): Not included in development review authority delegated to local governments prior to certifi- cation of LCPs. 3o603 (2): Included in the Commission's appeal jurisdiction after certification of LCps. 3o6lo-5 (b): Not to be included in urban lands excluded from permit provisions. Environmentally Sensitive Areas Areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. 30107-5 Defined 30233: Mineral extraction not permitted (a): Refineries or petrochemical facilities not to be permitted in. 30261 (a): New tanker terminals to be situated as to avoid risk to. Fish and Wildlife Habitat 30236: Developments may be permitted to protect. Environmentally Sensitive-Habitat Areas 3024o (a): Protected against any significant disruption of habitat values, and only uses dependent on such resources to be allowed within. Areas Adjacent to Environmentally Sensitive Habitat Areas 3 024o (b): Development in to be sited and designed to prevent impacts that would significantly degrade the areas, and to be compatible with the continuance o f the habitat areas. Areas Contiguous to Environmentally Sensitive Areas 30263 (a): Refineries or petrochemical facilities not to be permitted in. Riparian Habitats 30231: Natural vegetation buffer areas that protect to be maintained. 4-4 Habitat Areas in or'Near Ports 30711 (a): Port master plans to estimate effect of port development on, review them, and make proposals to minimize and mitigate substantial adverse impacts on. Biologically Sensitive Areas in Ports 30705(a) Mineral extraction not permitted in. Prime Agricultural Land As defined in Section 51201 of the Government Code (Williamson Act, quoted in Coastal Plan, p.54). 30113: Defined. 30241: Maximum amount of to be maintained in agricultural production, and conflicts with to be minimized through various means--e.g., establishingstable boundaries separating urban and rural areas, limiting conversions of agricultural lands outside urban areas, assuring that divisions of agricultural land and development adjacent to not diminish productivity, and assuring that public service and facility expansions and non-agricultural development do not impair agricultural viability. Agricultural Lands Around the Periphery of Urban Areas 30241 (b).: Conversions limited to lands where viability of existing agricultural use is already severely limited b@ conflicts with urban uses and where conversion would complete logical,,viable neighborhoods. Areas Adjacent to Prime Agricultural Lands 30241- (e): Development not to diminish the productivity of prime agricultural lands. Non-Prime Lands Suitable for Agricultural Use 30242: Not to be converted unless continued or renewed agricultural use is not feasible or such con- version would preserve prime agricultural.,land or concentrate development in accordance with Section 30250. Special Treatment Areas Identifiable and geographically bounded forested area'(s) within the coastal zone that constitute a significant habitat area, area of special scenic significance and any land were logging activities would adversely affect public recreation area(s) or the biological productivity^of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem. 30118.5: Defined. 30417 (b): To be identified by the Condssion to assure that natural and seceniC resources are adequately protected and to assist the State Board of Forestry in adopting rules and regula- tions which adequately protect the natural and scenic qualities of such areas. Commercial Timberlands 30243- Lon Ig-term productivity of to be protected, and conversions of commercial timberlands in units of commercial size to other uses or their division into units-of noncommercial size to be limited to providing for necessary timber processing and related facilities. 4-S Dry Sand and Rocky Coastal Beaches to the First Line of Terrestrial Vegetation 30211: -Development not to interfere with the public's use of, where acqu ired through use or legisla- tive authorization. 3o610.5 (b): Beaches not to be excluded as either urban land areas (under 30610(a)) or as a specifically defined geographic area in which the Commission.has found any category of development has no potential for any significant adverse effe.ct, either individually or cumulatively (under Section 3M10(d)).. Coastal Areas Suited for Water-Oriented.Recreational Activities That Cannot Readily Be Provided at Inland Water Areas 30220: These areas protected for such uses. Oceanfront Land Suitable for Recreational Use 30221: Protected for recreational use and development unless recreational demand is already adequately provided in the area. Private Lands Suitable for Visitor-Serving Commercial Recreational Facilities Designed to Enhance Public Opportunities for Coastal Recreation 30222: Use for these purposes has priority over private residential, general industrial, or general commercial development, but not over agricultural or coastal-dependent industry. Upland Areas Necessary to Support Coastal Recreational Uses 30223: Reserved for such uses, where feasible. Selected Points of Attraction for Visitors 30250 (c): Visitor-serving facilities may be located in. @pecial Comunities; and Neighborhoods That Are Popular Visitor Destination Points for Recreational Uses 30253 (5): Where appropriate, to be protected in -the siting of new development., Existing Recreational Boating Space and Facilities 30224: Dry storage areas to be developed, public launching facilities to be increased, additional berthing space in exis ting harbors to be provided, non-water-dependent uses that congest access corridors and preclude boating oupport facilities to be limited. 30234: To be protected and, where feasible, upgraded, and not to be reduced unless the demand no longer exists or adequAe substitute space has been provided. 30705- Diking, filling, or dredging in water areas of ports may be permitted for expanded recreational boating facilities. Natural Harbors, New Protected Water J@reas, and Areas Dredged from Dry Land 30244: May be location of new boating facilities. Access Corridors to Boating Harbors 30244 Non-water-dependent-land uses that congest to be limited. 4-6 Existing Non-Developed Areas 30250 (a): Except for agricultural uses, land divisions to be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller'than the average size of surrounding parcels. Available Lands Not Suitable for Agriculture 30241 (c): To be developed before agricultural lands are converted. Sites Remote from Human Population Concentrations 30261 (b): To be location of one permitted LNG terminal. Highly Scenic Areas (Including those designated in the California Coastline Preservation and Recreation Plan and those designated by local governments.) 30251: New development in to be subordinate to the character of the setting- 30263 (a): Refineries or petrochemical facilities not to be permitted in. Scenic Coastal Areas 30251: To be protected in the siting and design of permitted-development. Areas Wi-th Views to and Along the Ocean @30251: To be protected in the siting and design of permitted development. State Highway 1 in Rural Areas 30254: To remain a scenic two-lane road. Visually Degraded Areas 30251: Visual quality of, where feasible, to be restored and enhanced in the siting and design of permitted development. Natural Landform Areas 30251: - Alteration to be minimized in the siting and design of Permitted development. Bluffs and Cliffs, and Natural Landforms Along 30253 (2): In general, to be protected in the siting of new development. 4-7 Seismically Hazardous Area 30263 (a): Refineries or petrochemical facilities not to be Permitted in. Areas of High Geologict Flood and Fire Hazard 30253 New development in to minimize risks to life and property. Existing Structures in Danger of Erosion 30235: Various shoreline structures may be-permitted to protect. Existina Structures in Flood Plains -30236: Flood control projects may be permitted to protect. Archaeological and Paleontological Resource Areas _30244: Where,would be adversely impacted by development, mitigation measures required. Air Quality Maintenance Areas 30263 (b): Siting of refineries or petrochemical facilities in may be permitted with conditions to protect air quality. Existing Developed Areas 30250 (a): In general, new development to be located within, contiguous with, or in close proximity to existing developed areas able to accommodate it. Urban Land Areas 30610.5. May be excluded from the Coastal Act permit provisions under certain conditions: (a)*the area is residentially zoned and developed to a density of four or more units per acre of commercial or industrial area zoned and developed; and (b) it is determined that developments will be infilling or replacement and will be in conformity with scale, size, and character of surrounding community, and there is no potential for significant adverse effects on public access or coastal resources. No area may be excluded unless more than 50 percent of the lots are built on. Exclusions are subject to terms and conditions relating to significant changes in density, heighti or natureof uses. Certain geographical areas may not be excluded. Developed Urban Areas 30103 (a): Areas where the coastal zone boundary generally extends inland less than 1,000 yards, as specified on a particular map referenced in the Coastal Act. 4-8 Specifically Defined Geographic Areas (In which category of development has been found to have no potential for any significant adverse impact, either individually or cumulatively, on coastal resources or public access.) 3o6lo (d): May be excluded from Coastal Ac-@ development permit provisions on the Commission finding, two thirds vote, etc. 30610 .(b): Exclusions are subject to terms and conditions relating to changes in density, height, or nature of uses. Orders of exclusions are revokable if terms are not met. Certain geographical areas may not be excluded. Existing Isolated Developments 30250 (c): Visitor-serving facilities may be located in. Existing Coastal-Dependent Industrial Sites 3026o: in general, expansion and long-term growth is permitted. Developed or Industrialized Port Areas 30261 (b): May be future location of LNG terminals if terminal operations found consistent with public safety. Port Hueneme, Long Beach, Los Angeles and San Diego Unified Port District 30700: Defined. 30516(b), 30519(b), and 30700 through dance with Coastal Act policies. 30720: in general, ports to prepare port master plans in accor After these plans are certified by the Commission, no Commission permits are necessary for port developments, though the Commission retains some appeal jurisdiction, ,particularly over LNG and crude oil facilities, refineries, petrochemical plants, non-port roads and highways, non-port office, residential, and other buildings, and commercial fishing and recreational boating facilities-. Fill Basins on Upland Sites 30705 (c): Disposal of dredge spoils not to be permitted in. Existing Commercial Fishing Space and Facilities 30234: To be protected and, where feasible, upgraded, and not to be reduced unless the demand no longer exists or adequate substitute space has been provided. 3D703: Ports not to eliminate or reduce space unless demand no longer exists or adequate alternative space has been provided. 4-9 Property Surrounding Refineries or Petroch emical Facilities 30 263 (a): Adverse impacts on to be minimized by provision of a sufficient buffer area. Proposed Sites of Power Plants and Transmission Lines 3o413 (d): Suitability of to be subject of written reports by the Commission to State Energy Comis- sion. Specific Locations Where the Siting of PowerPlantsWould Prevent the Achievement of the Coastal Act 3o413 (b): To be designated by the Comraission. Public Works (Facilities and Areas) Includes water, sewer, telephone, and similar utilities; public transportation facilities, including roads and highways, airports, public parking lots,* transit facilities, not including ports covered elsewhere in the Coastal Act; public recreational facilities;.special district facilities; and community college facilities. 30114: Defined. 30605: Plans of to be submitted to the Commission for review; after certification, any review of a specific project included in the plan is subject only to reasonable terms and conditions. 3o6o6. Notice to be provided of impending development, with data showing consistency with approved public works plan or development plan. Special Districts @30118: Defined. 3o5o4: In general, to submit development plans for consideration in LCPS. State Universities and Colleges 30119: Defined. 30519 (b): Not included in development review authority delegated to locai governments. 3o605: Plans of to be submitted to the . Commission for review; after certification, any review of a specific project included in the plan is subject only to reasonable terms and conditions. Sensitive Coastal Resource Areas Those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. Including: (a) special marine and land habitat areas, wetlands, lagoons, and estuaries, as mapped and designated in Part IV of the Coastal Plan; (b) areas possessing signifi- cant recreational value; (c) highly scenic areas; (d) archaeological sites referenced in the California Coastline Preservation and Recreation Plan or as designated by the State Historic Preserva- tion Officer; (e) special communities or neighborhoods which are significant visitor destination areas; (f) areas that provide existing coastal housing or recreational opportunities for low- and moderate- income persons; (g) areas where divisions of land could sub3tantially impair or restrict coastal access. 3ol16: Defined 4-10 30502, 30502.5 30603: Subject of special Coastal Act provisions. In general, sensitive coastal resource areas would be designated by the Conmission in consultation with local governments and -regional comissions as areas where resource protection requires review and approval by the Commission and Regional-Comissions of not only zoning ordinances but otherinplementing actions (i.e., ordinances, regulations, or programs which implement the provisions of the certified LCPs or the policies of the Coastal Act). The designation of each area must be based on a separate detailed report containing certain findings. These would have to be ratified by the Legislature. Those areas designated would have to be protected by adequate implementing actions in the LCPs. After certification of the LCPS developments in these areas could be appealed to'the Comission on the grounds they do not conform to the implementing actions of the certified program. Lots Imediately djqcent to the-Inland Extent of Any Beach, or of the Mean High Tide Line of the Sea - - _A@ Where There IS NO Beach 3o610.5 (b): Not to be excluded as urban land areas under Section 3o6lo.5(a) or as specifically defined areas under Section 30610(d). Area Between the Nearest Public Road and the Sea or the Shoreline of any Body of water Located Within the Coastal Zone 30604 (c): Local government coastal development permits for development in to include specific finding that development is in conformity to public access and recreation policies of the Coastal Act, Chapter 3. Coastal Cormidssion Appeal -Jurisdictio-a (After Certification of LCP@) 3o603: Same as geographical area of permit jurisdiction before certification (Section 30601(l)(2)) plus sensitive coastal resource areas. (Certain types of development regardless of location, also included in jurisdiction.) Certain grounds for appeal are specified. Coastal Commission Permit jurisdiction (Prior to certification of LCP but where local govermnents at their option establish their own procedures for coastal permits.) 3o6ol (1)(2): 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, which- ever is the greater distance, otherwise or also including tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 30P feet of the top of the seaward face of any coastal bluff. (Certain types of development, regardless of loca- tion, also included in jurisdiction.) Local Jurisdictions Designated as Pilot Project Areas by the Comission '30521: LCPs of to receive priority in review process. Significant coastal Resources 30007.5 Protection of generally to be favored in conflicts between policies of Coastal Act., 4-11 APPENDIX 5 CURRENT LIST OF ACQUISITION SITES APPENDIX 5 CURRENT LIST OF ACQUISITION SITES This 4ppendix contains a list showing acquisition status of all the sites recommended for public acquisition by the California Coastal Zone Conservation Commission in March 1976. The recommendations, addressed to the Governor and the Legislature, were published in a re- port that supplemented the Coastal Plan (December 1975). The Coastal Commissions' recommendations were in four priority groups: J: Sites with substantial public recreational (I-A) or habitat (I-B) values that will be irreversibly committed to non-public uses if not acquired within the next few years. 0 11: Recreational sites that serve urban populations (II-A) and environmental resource areas that need protection or restoration (II-B). III: Sites of the same general type as the first two categories but of lower priority if the whole'list cannot be acquired. (III-A: recreation and open space;III-B: habitat protection and restoration.) IV: Sites not included in the Commissions' recommendations for acquisition through existing agencies and programs, but suggested for appropriate action by Federal agencies or the new State Coastal Conservancy, which is empowered to use flexible techniques such as, purchase and leaseback that are not now. available to existing State agencies (IV-A: Conservancy; IV-B: Federal agency.) The Commission had recommended that priority groups I and II form the basis for coastal acquisitions under the 1976 Bond Act and other current sources of funds, that no sites in group III be purchased until sites in groups I and II are committed for purchase or-their public values fully protected, and that Federal or Conservancy efforts to acquire or pro- tect sites in group IV be endorsed. The March 1976 report contained maps-indicating the approximate size and location of recommended acquisitions. Subsequently, the State Department of Parks and Recreation,,which would carry out many of the proposed purchases using bondmen, screened the Coastal Commission's recommendations along with other proposals in making its recommendations to the State Park and Recreation Commission on sites to be acquired. Determinations were made on which proposals were of State significance and would best fulfill the objectives of the State Park System for historic preservation, outdoor recreation, and landscape preservation. The Coastal Com- mission staff suggested further review of some sites that were initially determined by the Parks and Recreation staff to be of primarily local significance or the responsibility of other State or Federal agencies. All of the projects classed as of State significance were then ranked according to the system proposed by the Department in May 1976 (it is include 'd as Section 5096.124 of' the 1976 Bond Act). This system puts the proposals in perspective as to their effective- ness in meeting State Park System objectives by assigning values for such factors as. re7 lative geographical demand, ability to meet known deficiencies, scenic quality, and prox- imity to urban core populations. The priorities were then reviewed to consider other factors, such as relative danger of commitment to non-public uses, costs, and geographical balance. The resulting list was reported to the Park and Recreation Commission about1three weeks before the Nejedly-Hart State Urban and Coastal Park Bond Act of 1976 (previously SB 1321) was approved by the voters as Proposition 2 on the November ballot. The following indicates the sources of funds as noted in the "Status of Acquisition" column: 1976 Bond Act: This Act specifies that certain amounts "shall be available for appropriation," with proposed appropriations for specific project to be included in the annual Budget Bill considered by the Legislature. Section 5096.124 5-1 earmarked these amounts: --$85 million to local governments throughout the State ("Sec. A" in status column below). --$110 million specifically for State Park System coastal recreational acquisitions ("Sec. B"). --$15 million to the Wildlife Conservation Board (WCB) for coastal and other projects, including some acquisition ("Sec. D"). --$10 million to the State Coastal Conservancy for restoration and enhancement of degraded coastal habitat or recreational lands, selective acquisition of prime coastal agricultural land, pre- acquisition of lands for reconveyance to other public agencies. selective acquisition of easements and development rights to eR- tablish buffer areas around parks and habitat areas, and acquisi- tion or acceptance of public accessways on the coast. 1974 Bond Act: Some monies are still available for coastal acquisition under the State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974. AB 2133: This'1976 bill,the Keene-Nejedly California Wetlands Preservation Act (which established a general, coordinated governmental program for the acqui- sition, protection, and preservation of State wetlands), appropriated $5.5 million for, among other things, acquisition of seven specified coastal wetlands. AB 400: This 1976 bill, in addition to providing operating funds for the Coastal Commissions in 1977, appropriated $9.85 million for specified recreational beach acquisitions, along with $2 million for hostel facilities on the coast. (The Governor deleted $11.1 million for other beach purchases.) o Existing funds: The Parks and Recreation Commission has available some other funds not included in the above categories. o No funding or no present plans: These notations are made for other recommended acquisitions, despite the present lack of funding,.in order to provide a complete list of properties of high recreational and habitat value. The fact that a property is on the list, but is not funded, does not affect the property owner's rights or his ability to file a development request at anytime. As used by the Coastal Commission in its acquisition recommendations, "acquisition" generally means public purchase of the full fee interest in a piece of property, except for some State Coastal Conservancy projects as discussed above and in Chapter 10 of the management program. California law requires that public agencies must pay the fair market price when purchasing land for public use. In some cases, where a property owner is willing to sell a part of his interest (e.g., an easement) in a property recommended for acquisition, purchase of less than fee interest would be appropriate. Some land may also be made available to the public as part of a compatible development or other por- tions of the property--e.g., as conditions of coastal development permits issued under the CoastalAct. Note: Estimated costs, in the list below, are derived primarily from April 30, 1976, estimates of market values as determined by the Department of General Services. These estimates are based on periodic comparisons with comparable sales. They have not been ,updated. Missing site numbers in the list refer to areas that were considered for acquisition during public hearings but were not included in the State Commission's final recommenda- tions. 5-2 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority /major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition NORTH COAST REGION- Del Norte County 2. Lakes Earl 4,500 ac@ Protection of a major $3,575,000 Funded by & Talawa wetland and expansive AB 2133 (II-B) dune area (an extremely valuable fish and wild- lif e habitat) for resource preservation, general recreational use and open space Humboldt County 5, 7. Agate Beach 2711 ac. Connect Dry Lagoon State $500,000 Agate Beach (including Beach and Patrick's Pt. may be ac- .Big Lagoon State Park for beach quired with spit) recreation 1974 Bond Act funds. 9. Beach North of 8 ac. Link Trinidad State $30,000 No funding Trinidad Beach and Trinidad Head for beach and water-related recreation 10. Trinidad Head 70 ac. Transfer Federal land $ 0 General (III-A) to State for access and Services recreational use Admin. may transfer this site to Dept. of Parks and Recreation 11. Trinidad Head to, 261 ac. Preservation of scenic $1,000,000 May be Little River and archaeological values funded (Tsurai village site and under Sec. Indian grave sites) through 0 of 1976 acquisition of the Iverson Bond Act Cottage and undeveloped parcels between Trinidad Head and Little River. No properties are recommended for acquisition in the existing subdivision north of the mouth of Little River. 12. Mouth of Little 7 ac.. Provide a continuous strip of Estimated No present River public ownership from Trinidad cost not plans (III-A) State Beach to Little River available State Beach to enhance coastal access and recreational use 15. Bear River Easement 10 ac. Public access for fishing $70,000 No funding (III-A) and recreation for a large portion of the,coast not currently served by a public accessway Mendocino County 18. Bear Harbor 2,200 ac. Connect State park lands at $1,500,000 Already Usal Creek Bear Harbor and Usal Creek funded (III-B) for day use, hiking, and some overnight camping 5-3 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 21. Ocean Meadow 28 ac. Protection of.view, high- $468,000 Possible Subdivision way.capacity, access to Conservancy (I-A) the ocean (exclude three project developed lots) 22. Ten Mile River 170 ac. Protection of wetland $190,000 Part may be (II-B) habitat, one of the most acquired important estuaries of with Site the Mendocino coast. 23 23. Ten Mile Dunes 745 ac. Protection of dunes and $825,000 Expected to and Inglenook Fen unique fresh water marsh be funded (I-B) habitat by 1976 Bond Act 24.' Noyo HeadLand 18 ac. Create major new bluff, $220,000 No funding (II-A) park overlooking Noyo breakwater and river mouth at the south edge of city of Fort Bragg 25. Todd Subdivision 10 ac. Extend Noyo bluff park. $145,000 No funding (II-A) Designated acquisition appears adequate to create attractive bluff park, in conjunction with the Noyo Heac1land proposal 26. Jefferson Subdivision 4 ac. Protect access to tide- $195,000. Part may be (II-A) pools; expand present acquired acquisition in and around with Site Jug Handle Creek 27 27. Jefferson to Jug 110 ac. Protect access; expand -$1,160,000 Parts anti- Handle Creek Dept. of Parks and Recre- cipated to (II-A) ation acquisition at Jug be acquired, Handle Creek with exist- ing and 1976 Bond Act funds. 28. Big River Wetland 150 ac. Protect wetland habitat $85,000 At least (II-B) area, comparable in a portion inTortance to the Ten anticipated Mile River wetland to be acquired with exist- ing funds 29. Albion River 145 ac. Protect important wetland $85,000 No funding Wetland habitat area (III-B) 30. Elk Creek Wetland 220 6c. Protect important wetland $400,000 No present (III-B) habitat area funding 5-4 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March.1976). Acreage of Public Acquisition market value) Acquisition 32. Hunter's Lagoon 450 ac. Protect habitat value of $1,210,000 Lagoon area Subdivision adjacent Laguna Beach designated (I-B) Marsh. Purchase and for AB 2133 leaseback lands suitable funding. for agricultural use Possible Conservancy project for adjacent subdivided lands 34- Whiskey Shoals 100 ac. Protection of viewj, highway $880P000 Possible capacityv access to the ocean Conservancy project NORTH CENTRAL COAST REGION Sonoma County 36. Sea Ranch 118 ac. Public access, researcht $1,390,000 No funding' (II-A) and day nse recreational -Some dedi- activities cations may be possible as@ develop- ment permit -conditions 37- Richardson- 1,319 ac,. Public access, view pro- $4,350,000 Part may be Kruse Ranch tection, day use area , included in extending public ownership planned north from Salt Point State State Park Park. All land west of Hwy. expansion 1 and some area to be east to be included 38. Salt Point 33 ac. General recreation including ' $1,100,000 Funded by State Park camping and day use. (Ala AB 400 and (III;..A) but 33 acres have been acquired 1974 Bond by the Dept. of Parks and Act Recreation) 39. Ocean Stillwater 149.84 ac. Day use, hiking, scuba; expan- $150,000 No funding Coves sion of existing county park (III-A) 40. Timber Cove Terrace 28 so. Passive recreation, view $251,200 No funding (III-A) protection 41. Fort Ross 2,525 ac. Camping, hiking, day use. $6,1359000 Can be (II-A) Acquisition of upland areas acquired will protect viewshed and with exist- permit some development on ing and ridge 1976 Band Act funds 42. Russian Gulch- 170 ac. Camping, hiki_ngp day use Estimated At least Jenner Beach cost not a portion (III-A) available probably already funded 5-5 Coastal- Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed -Of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 45. W3-Uaw Creek 1,258 ac. Major new-warm-weather, $1,000,000 A small (11-A) camping, day use and portion has educational- area accessi- been ac- ble from inland trans- quired. No portation corridors funding for balance 46. Pacific View 23 ac. Acquisition of State Park $1,105,000 Possible Estates inholdings west of Hwy. 1 Conservancy (I-A) to protect views and visual project for access to the coast at least a portion.of the area 47- Bodega Dunes 75 ac. Protection of Clark Marsh $17S,000 Already State Beach adjacent to*University of' funded (II-B) California marine lab facility Marin County 48. Tom's Point 176 ac. Protection of unique $105,000 Expected to (III-B) habitat near the mouth be funded of Tomales Bay by 1976 Bond Act 49- Angress Property 22 ac. View protection, day use $155,000 Is present- (I-A) recreation along the ly.being eastern shore of Tomales acquired as Bay settlement of litiga- tion 50- M1 I I erton - 290 ac. Preservation of habitat $535,000 No funding Tomasini Points values, research and (II-B) educational use 52. Seadrift Beach 57-39 ac. Beach recreation and day $480,000 No-funding. (II-A) use activities. Negotia- Some ease- tions on dedication of ments for beach now underway access may be possible San Francisco County 53- Olympic Golf 41.58 ac. Expansion of Thornton $249,000 No funding Club Lands State Beach connecting (III-A) public lands in San Mateo County to those in San Francisco CENTRAL COAST REGIOIT San Mateo County 54. Thornton State 36 ac. Expansion of State Beach Estimated No funding Beach for recreational use. cost not (III-A) Easily accessible from available Bay Area 5-6 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority MajorObjectives on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 55- Sharp'Park 4,2 ace Upland support area for $303,000 No funding State Beach State Beach (owned by Additions) Depte of Fish and Game)* By a combination of acquisition and leases of existing public land, an effective management unit can be created for intensive recreational use (acquisition of existing homes is not recommended at this time) 56., Mori's Point 109.2 ace P@otection of scenic head- $1,760,000 No funding (I-A) land, RV camping. This area to become a continuous unit with Sharp Park State Beach (see remarks above) 57- San Pedro Beach 50 ace Major new urban beach with- $1,60,000 No funding .(:[I-A) in the City of Pacifica. This serves substantial Bay Area demand 58. Montara State 60 ace Expansion of State Beach, $1,050,000 No funding Beach also convenient to Bay Area (II-A) population centers 59. Fitzgerald Marine 195 ace Support area for County $2,750,000 May be ac- Reserve Reserve and expansion of quired with (II-B) reserve area existing funds 60. 'San Mateo Midcoast 39.8 ace Exp ansion of State Beach. $385'9000 Part ex- Beaches (Miramar These areas have not been pected to and Manhattan Beaches included in the County's be funded (I-A) acquisition proposal but by 1976 are highly valuable for Bond Act recreational use San Mateo Midcoast 80 ace Expansion of public beaches $1,130,000 Present Beaches (within and facilities plans not Half Moon Bay city known limits) (II-A) San Mateo Midcoast 100 ace Expansion of State Beach. $65o, wo Present Beaches (area south These areas have not been plans not of Half Moon Bay included in the County's known city limits) acquisition proposal and (III-A) woul4provide valuable recreational opportunities 61. Pescadero Marsh 340 ace Preservation of marsh and $840,000 Already - (II-B) surrounding area for public funded recreational use and educa- tion 5-7 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 62. Bolsa Point Beaches 25 ac. Improve beach access along $25,000 No funding; (III-A) this.rural stretch of coast proposed as. joint State- County pro- ject with some Feder- al funding for access- ways 63. Franklin Point 437 ac. Protect dune area and beaches. $990,000 No funding Dunes Protection of agricultural (II-B) lands can best be assured through the local coastal plan for area Santa Cruz CoEnt 64. Scott Creek 70 ac. Establish a public beach area $80,000 No funding M Beach and Marsh) at the mouth of the Creek, -B) including upland parking and support facilities; protect the marsh habitat inland from the beach, 66. Natural Bridges 11 ac. Upland support and open space $182,000. In-holding Addition area to expand this heavily may be ac- (I-A) used State Park facility q I ed with 1T76 Bond Act 67. Lighthouse Field 37 ac. Major urban park area serv- $4,400,000 Funding (I-A) ing both local and regional expected populations under 1976 Bond Act 69. Upper Yacht Harbor 90 ac. Wetland restoration, major $300,000 No funding (III-A) regional park. Habitat protection and establishment of a regional park facility 70. Manresa Beach 55-4 ac. Upland support area for State $950,000 15 acres to Uplands 'Beach. be acquired (I-A) with exist- ing funds, additional- expected with 1976 Bond Act; funds 72. Sunset Beach 13 ac. Purchase inholding within $160,000 Inholdings (II-A) this heavily used State may be ac- Beach quired with 1976 Bond Act funds Monterey County 73. Elkhorn Slough 2f2OO a,c. Preservation of maj or coastal $1,210,000 funded by (I-B) ecosystem and habitat area. AB 2133 Passive day use activities recommended for this area 5-8 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market -value) Acquisition 74. Zmudowski State 100 ac. Protect dimes and beaches $457,000 Might be Beach surrounded on two sides by acquired (I-A) the existing State Beach with 1976 Bond Act funds for inholding 75. Salinas River 200 ac. Protection of dunes, $1,000,000 No funding Dunes beaches adjacent to (III-B) Salinas lagoon National Wi-Idlif e Refuge 76. Marina Dunes 169 ac. Protection and restoration $2,100,000 No funding (I-B) of beach and fragile dune habitat which has been partially degraded by road construction 77- South Monterey 100 ac.. Protection of dune habitat $5,500,000 Expected to Bay Beaches and scenic values. Provide be funded (I-A) urban beach area suitable by 1976 for recreational use Bond Act 78. Laguna Grande 25 ac. Restore marsh; provide for Estimated No present Lake compatible day use activities cost not plans (III-A) avail-able 78a. Monterey Peninsula 35 ac. Protect 4-4 mile trail cor- $500,000 No funding Railroad Right-of-Way ridor from Monterey to (III-A) Asilomar. Proposed by regional park district, cities of Monterey and Pacific Grove - 79. Del Monte 10 ac. Protect unique Monterey $750,000 Possible Botanic Reserves Cypress groves. Focus on Coastal (IV) lots with high habitat Conservancy values, which can only be project, preserved through acqui- perhaps sition with local @participa- tion 80. Carmel City 1.3 ac. Upland support ar.ea and $150,000 No funding; Beach addition access point for City maght be (III-A) beach. Public use of this State-local area can be.assured through project acquisition of the lower @two lots 81. Carmel Meadows 35.6 ac. Buffer, view protection for $1,500,000 Already South (Briggs Pt. Lobos Reserve funded Property) (III-A) 5-9 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 82. Carmel River- 135 ac. Acquire the Odello East $2,000,000 No funding; Pt. Lobos Uplands property along the Carmel perhaps a. (Odello East River totalling 135 acres. potential Property) Seek the dedication of Federal- (III-A) additional acreage along a State-local 2-5 mile stretch of highway project south of the Odello property and east of the highway, to preserve this area as open space and a scientific re- serve 83. Soberanes Point 200 ac. Preservation of outstanding $2,750,000 At least Reserve (including Big Sur views; coastal trail, part ex- Garrapata Beach viewing points to be developed pected to (I-A) be funded by 1976 Bond Act 84.- Notl is Landing 100 ac. Preservation of "classic" Big $1,100,000 No funding (I-AT Sur view; continued uze of the land for agriculture should be explored 85. Little Sur- 800 ac. Protection of views west of $6,800,000 Part may Point Sur Hwy. 1 inland along the Little be funded (II-A) Sur River and provision of'a by 1976 trail linking Andrew Molera Bond Act State Park and the Little Sur River. Camping and general recreational use is recommended 86. Pico Blanco 640 ac. Preserve as wilderness area $1,000,000 Federal (IV-B) for hiking habitat protec- project tion, and as a striking land- (HR 4459 mark on the Big Sur coast in 1976 session) 87. Los Padres 20,000 ac. Enlarge this major Federal Estimated Federal National Forest holding along Big Sur coast cost not project (IV-B) available (HR 4459 in 1976 session) SOUTH CENTRAL COAST REGION San Luis Obispo County 88. San Simeon 120 ac. Recreation. Would expand $1,175,000 No funding (II-A) recreational opportunities for visitors to this region. Excellent seashore habitat- worthy of preservation. Area proposed as a harbor of refuge 88a. Villa Creek 112 ac. Provide recreation and $1,120,000 Might be (II-A) access to this sandy beach funded along with the creek and under Sec. lagoon. Owners have offered A of 1976 to sell additional land in BondAct the area to the State as well 5-10 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 89. Morro Bay- 75 ace a. Otto Estate habitat Parts of South Bay protection Site 89 (;-B) expect to 120 ace be Los Osos Creek, wet- be funded land protection by 1976 Bond Act 25 ac. d. Sweet Springs and Cuesta Marshwetland protection 6 ace e. Cuesta Inlet, recre- ation 5 ace f. Sunset Terrace Marsh, protect marsh and upland Nr 15 ace g. Sunset Terrace upland 246 ace Total $1,540,000 90. Mallagh Landing- 10 ace Acquisition of this, $275,000 Might be Pirates Cove sheltered cove and up- funded (II-A) land will guarantee under See. access to this portion A of 1976 of the coast and pro- Bond Act vide a scenic overlook as well 91. Dinosour Caves 13 ace Recreation, landform $500,000 No funding (I-A) protection and educational but might uses be funded under See. A of 1976 Bond Act 92. Pismo Lake 65 ace Wetland protection and $250,000 No funding (II-B) small upland buffer and support area. This fresh- water marsh and oak wood- land also provides open space, education and scientific research oppor- tunities 93. Pismo-Nipomo Dunes 4,800 ace Recreation and habitat protec- $11,000,000 Part is (II-A) tion. A buffer area around funded by the existing refinery and coke AB 400 plant in the northeast portion of the site could be excluded from the proposed acquisition Continued production from the Guadalupe Oil Field in the southern portion of the site should be protected, probably by designating that segment of the site as an ecological reserve. Owners of one 5QO acre parcel north of the Guadalupe Oil Field are willing sellers Coastal Commission March 1976 Acquisition Idst _Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed Of (as of March 1976) Acreage of Public Acquisition market value) Acquisition- Santa Barbara County 94. Guadalupe Dunes 1,300 ac. Habitat protection. Inclu- $2,860,000 No funding (II-B) sion of the Santa Maria River mouth and the area from Mussell Rock to Point Sal would be a possible expansion considered desir- able by the Dept. of Fish and Game 95. Gaviota State 65.5 ac. Recreation. This would $2,750,000 Funded by Beach expand the'existing park 1974 and (II-A) downcoast to Refugio State probably Beach, and provide both 1976 Bond day use areas and a hiking Acts trail 96. Gaviota Coast- 5-4nile Recreational trails along $235,000 Expected to El Ca@itan Area trail the na%Tow coastal bluff be funded (II-A easement linking existing Refugio by 1976 State Beach Bond Act 97. Haskell's Beach 65 ac. Support area for pier being $770,000 May be Ellwood Pier acquired for recreational funded by (I-A) use. Highly accessible by local and travelers on Hwy..101 1976 Bond Act funds 98. Haskell's Beach 4-4rdle Trails and access points to $330,000 Expected to to Hope Ranch trail help tie together a series be funded (II-A) easement of Gaviota coast public by 1976 parks accessible to a large Bond Act -urban population 101. Wilcox Property 66 ac. This could provide substan- $2,860,000 No funding (II-A) tial recreation as a large natural park close to major metropolitan area 102. Palm Park 12,5 ac. Expand recreational use by . $1,500,000 No funding R East Beach) residents and visitors from I-A) throughout the state at this popular urban beach park 103. Hammonds Meadow 22 ac. Valuable recreation and urban $2,230,000 No funding (I-A) open space area requiring careful management for recre- ational use 105- El Estero- 195-ac. Habitat protection. Univer- $1,550,000 Univ. of Carpinteria sity of California reportedly Calif@ Land (II-B) has acquired approximately and Water 50 acres of this high priority Reserve Sys- wetlands and is negotiating on tem has ac- another parcel quired about 50 acres, is negotiating on another parcel 5-12 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assumed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 106. Salzgebar Meadow 8 ac. Access, recreation and $40,500. No funding; (III-A) open space. This would proposed as provide access to an area joint State- now cut off from the local pro- beach ject 107, Standard Oil 2-75 ac. This would extend the $49,400 May be Property existing State Park and funded un- ,(Wilson Property) furnish a day use area der 1976 (III-A) for perso'nis@now cut off Bond,Act, from the beach possible joint State- local pro-@ ject Ventura County 107a. Mouth of 124 ac. Valuable urban open space $180,000 No funding Ventura River land with substantial recre- (II-A) ational use potential 108. McGrath State Beach 108 ac. Would provide additional $2,970,000 No funding (II-A) campsites and day use areas for this popular State Beach easily reached from Los Angeles via either Hwy. 1 or Hwy. 101 1100 Oxnard Plain acreage Permanent protection of prime Estimated This is a Agricultural not yet agricultural lands. This cost not. possible Lands determined general area appears to be available Conservancy (IV) an appropriate one in which project on to explore possible purchase those lands and leaseback techniques. A within new pending subregional study ly desig- will'help identify appropriate nated specific parcels coastal zone 111. Ormond Beach 60 ac. Protection for sand dune and $1,000,000 Expected to (II-B) salt marsh areas providing be funded habitat for two rare and by 1976 endangered species. Limited Bond Act public access and use could be allowed where appropriate. This is part of an extremely. large parcel including up- land agricultural areas. 113. Leo Carrillo 30 ac. Recreation; expansion of $6,600'ow Already State Park present park. Downcoast funded (II-A) portion under acquisition SOUTH COAST REGION Los Angeles County 114. Nicholas Canyon to 5-62 ac. Site B (El Sol)- Beach and $1,100,000 Partially Zuma Beach upland support areas. 3.91 funded (all I-A) acres budgeted for purchase from 1974 in 1976-77- Bond Act via Los Angeles C ounty 5-13 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Public Objective on assumed of (as of March 1976) Acreage of Major Acquisition market value) Acquisition 6.1 ac. Site D: Coastal terrace $550,000 No funding support site. Topography and vegetation will help screen activity on site from Pacific Coast Hwy,(PCH) 8.86 ac. Site E (El Pescador): $825,000 Funded by Provides both day use and AB 400, camping opportunities. Land and Excellent site, near inter- Water Con- section of PCH and Encinal servation Canyon Road Fund and Los Angeles County c.10 ac. Site F: Day use support $743,000 No funding area for adjacent beach. Valuable offshore marine 'habitat 19-55 ac. Site H (El Matador): $3,080,000 Funded by swimming, dayuse, view- AB 400, point. Excellent and Land and highly attractive recre- Water Con- ational site servation Fund and Los Angeles County 12.5 ac. Site I: Day use area to $3,300,000 No funding serve as an extension of a presently planned park 115. Charmlee Connector acreage Trail connection to Charmlee $110,000 No funding (II-A) not Regional Park in Santa Monica available Mts. Valuable link to in- crease'eff-ective use of Charmlee and El Pescador sites 116. Point Dume 37-7 ac. Vista point, educational $3,500,000 Funded.by (I-A) and'controlled day use 1976 Bond activities. A unique Act opportunity to acquire an irreplaceable site for public enjoyment 118. Paradi .se to 46 ac. Access, boat launching, $10,670,000 Part anti- Escondido beach and support areas. cipated to (II-A) This is a valuable site be funded easily accessible from by 1976 metropolitan Los Angeles Bond Act 1-19. Corral-Solstice 11.6 ac. Provides view protection $3,575,000 All but Beach West as well as recreation. One fourplex recent fourplex shows the could be extent of view blockage acquired if this area were to be with exist- developed ing funds 5-14 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and,Priority Major Objective on assumed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 119a. dorral-Solstice 8-4 ac- Inclusion of this State $1,500,000 No funding State Beach Dept. of Transportation- Caltrans) owned land presently MI-A) leased to Los Angeles County is intended to ensure its continued use as a public beach 120. Corral Canyon 16.9 ac. Camping and beach support $1,100,000 No present (DWP site) area inland of PCH. Excel- funding (II-A) lent site for support facilities since canyon has existing PCH underpass 121. Puerco Bluff 30 ac. Blufftop park. Gently $525,000 No funding (III-A) sloping area with excel- lent views and accessible from Los Angeles area_ 122o Malibu Bluff 130 ac. Major park, vista point, $7,850,000 Anticipated (I-A) possibi e camping area, and to be shuttle bus terminus serv- funded by ing sites further up coast. 1976 Bond Extraordinary opportunity Act major metropolitan area 123. 14alibu. Lagoon 62 ac. This parcel (in the flood $2,300,000 A small (I-B) plain of the creek) is portion can' important in protecting be acquired this valuable lagoon as a with exist- habitat area ing funds (park- facilities anticipated to be fund- ed by 1976 Bond Act Malibu Lagoon 10 ac. This parcel is a vacant area $1,450,000 No funding (II-A) suitable for parking and support facilities, and would allow the parking to be moved away from the lagoon itself 124. La Costa Beach 1-3 ac. Provides visual access and $465,000 No funding (III-A) protects apotentially very valuable physical access point 127. Lower Topanga 47o5 ac. Beach support area (parking $7,150,000 Anticipated Canyon and camping) behind PCH with to be fund- (II-A) an existing overpass. Close ed by 1976 to metro area. Some existing Bond Act structures may be leased. Others are proposed to be excluded from the acquisition Coastal Commission March 1976 Acquisition List Approximate,Cost Number, Name (based generally Status and Priority Major Objective on assumed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 128. Ballona Lagoon 5 ac. Important view park and $2,400,000 No funding (I-A) support area for nearby beach. This would pro- vide a splendid site for viewing boats from Marina del Rey as well as badly needed back up area for the Venice.Beach. Pos- sible tram terminus, 130. Playa del Rey 2.5 ac. Protection of sandy beach Estimated No funding (Burns Parcel) as an addition to Dock- cost not weiler State Beach. Pro- available vides a possible site for needed support facilities 132. Point Vicente 184 ac- Bluff and shoreline recre- $11,225,000 No funding North ation (also valuable tidal (I-A) and near-shore marine life) of outstanding quality 133. Palos Verdes 133 ac. Protection of valuable Estimated Possible Coastal Agricultural coastal agricultural lands cost not Conservancy Lands will fulfill both resource available project, (IV) protection and preservation though not of scenic open space goals - probable 134- Portugese 54 ac. Protection of valuable marine $175,000 No funding Bend Coast habitat and provision of (III-A) appropriate intensity recre- ation 135. Fort MacArthur 400 ac. Coastal recreation. Coastal Estimated Lands have (I-A) Plan calls for a stress on cost not been de- recreational uses for these available clared sur- valuable urban parcels re- plus by cently declared surplus by Federal the Federal Government government. Some may be made avail- able for recreational use Orange County 138. Los Cerritos 125 ac. Habitat protection and $1,250,000 No funding Wetland restoration. Good oppor- (III-A) tunity for restoration and some low intensity recreational use 139- Seal Beach 9 ac. Shoreline park and bike $990,000 No funding (I-A) trail terminus. Impor- tant open space, highly accessible from populous urban area. Los Angeles County Department of Water and Power, property 5-16 Coastal Commission' March 1976 Acquisition List Approximate Cost Number, Name (based generally Status .and Priority Major Objective on assumed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 140. Bolsa Chica 56o ac. Protect and restore wet- $27,000,000 No funding; (I-B) lands and scenic open some sug- space. Proposal includes gested to be ecological preserve and acquired in buffer, plus park area connection overlooking beach. Min- with pro- eral rights not proposed posed marina for acquisition development 141- State Department 38 ac. Wetlands restoration and $3,300,000 No funding of Transportation protection. This also Propertyp furnishes valuable open Huntington Beach space in a rapidly urban- (I-B) izing area 143. Huntington Beach 46 ac. Wetlands restoration and $3,545,000 No funding Channel Site, protection; possible (I-B) education center 144. Talbert Channel 13-5 ac. Location for beach support $1,485,000 No funding Site facilities. These facili- (I-A) ties should not be placed on restorable wetlands (sites 141-143) 146. Santa Ana River 509 ac. Existing and restorable $41,000,000 No funding. (I-B) wetlands; scenic bluffs A large Federal- State-local project has been dis- cussed 147. Upper Newport 390 ac. Protection of valuable $16,435,000 No funding Bay Sites habitat areas forming a (II-B) buffer for the Upper New- port Bay Ecological Reserve, as well as providing valu- able urban open space. In adjacent areas not proposed for acquisition, careful development conditions (e.g. setbacks, dedications, grading, and discharge con- trols) will be needed to protect the heavy public investment in this valuable area 149- Irvine 1,050 ac. Recreation, habitat, trails $24,000,000 Part anti- 151- (I-A). and view sites with both day cipated to use and overnight potential. be funded Unique opportunity to provide by 1976 a major recreational area in Bond Act a rapidly expanding portion of the coast 153. Crescent Bay 3.0 ac. Bluff park, scenic open space. $1,755,000 No funding Point Shoreline is designated as a (II-A) marine life refuge. Existing- home to be utilized as inter- pretive center 5-17 Coastal Commission March 1976 Acquisition List Approximate Cost Number,_ Name (based general I y Status and Priority Major Objective on assumed of (as of March 1976) 'Acreage of Public Acquisition market value) Acquisition 154.. Central Laguna 5 ac. Bluff park adjacent to @2,370,000 No funding Beach Bluffs the public beach. Key (I-A) link in a chain of parks along this heavily visited and beautiful area 156. Laguna Niguel 17 ac. Blufftop park and recre- @$680,000 No funding Coast ational support facili- (III-A) ties. Crown Valley Park- way provides access from rapidly growing inland areas 157. Dana Point' 112 ac. Blufftop view park and $10,670,000 Anticipated Headlands recreation area should to be fund- (I-A) be developed, carefully ed by 1976 designed to retain the Bond Act site's natural qualities and spectacular views 158. Dana Point 48 dc- Camping, picnicking, $3,960,000 No funding Palisades East viewing, other support (I-A) uses. Will support the public investment in the Dana Point Harbor area 189. Doheny State 7 ac- Extension of heavily Estimated May be ac- Beach South used State Beach. cost not quired with (III-A) Logical addition to available 1976 Bond popular beach already Act serving statewide demand SAN DIEGO COAST REGION San Diego County 162. San Onofre 247 ac. Open this expansive Estimated Proposed as State Park beach area to public cost not Federal (IV-B) use, adding approxi- available transfer, mately 7 miles of but no pre- oceanfront for recre- sent use ational activities 163. San Luis Rey 50 ac. Protect wildlife habi- $800,000 No funding River Marsh tat at the mouth of the (III-B) river 164. Buena Vista Lagoon 7-41 ac. Buffer for the state- $326,000 No funding Northeast More) owned lagoon area pro- tA) viding habitat for protection and access for recreational use 165. Buena Vista Lagoon @O ac. Preserve eucalyptus grove $275,000 No funding Hosp Grove as a buffer and for reeve- (I-A) ation. Provide for acqui- sition through purchase and dedication of the grove west of Monroe Road only 5 -18 Coastal Commission March 1976 Acquisition List Approximate Cost Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition maIrket value) Acquisition 166. Agua Hedionda 85 ac. Preserve habitat values $1,400,000 No funding Lagoon (eastern and opportunities for basin passive recreational (II-B@ use of this area 16V South Carlsbad 36 ac. Provide additional $3,022,000 A portion State Beach opportunities for water- might be (II-A) related recreation by acquired expanding the existing with exist- State Beach ing funds 168. Encina Power 8.6 ac. Provide additional beach @$2,970,000 Dedication Plant Beach recreation, has been (II-A) made a con- dition of pending further expansion of the En- cina Power Plant 169. Batiquitos Lagoon 300 ac. Recreational use, regi- $990,000 Funded by R Northern Share) onal park activities .(total value AB 2133 -A) including camping and of 1,000 ac. day us e in I-A and Batiquitos Lagoon 700 ac. Preservation of habitat $2,300,000 Some of this (Water Area, South value area might ,%iore) be included (I-B) in-the pur- chase auth- orized under AB 2133 170. North County 1.6 ac. Expand access down coastal $245,000 County funds Beach South bluffs to beach are budgeted (III-A) each year, and only 1.6 acres at 3 sites remain to be acquired 171- Sea Cliff 0.7 ac. Provide upland support $540,000 No funding County Park area for beach users. (I-A) Acquire the undeveloped lots. Acquisition sub- ject to a life estate is recommended on the two developed sites 172. San Elijo-Cardiff 3-7 ac. Provide upland support $29750,000 Already - State Beach area for beach use, con- funded necting San Elijo and Cardiff State Beaches 173. San Elijo Lagoon 730 ac. Preservation of habitat; $3,465,000 Funded by (I-B) passive'recreational use AB 2133, possibly some local funds 5-19 Coastal Commission March 1976 Acquisition List Approximate Cost. Number, Name (based generally Status and Priority Major Objective on assessed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 174- San Dieguito 1710 ac. Preserve habitat and $1,980,000 No funding Lagoon open space values. (II-B) Restore tidal action (excludes Lyon Co. property) 174a. San Dieguito- 19 ac. Provide a connection Estimated No funding Crest Canyon for trail use between cost not Connection sites 174 and 176 available (III-A) 176. Crest Canyon 125 ac. Preserve native Torrey $2,000,000 No State (III-A) Pines and open space funding; valueso Form a single local funds unit with San Dieguito for part Lagoon are being sought 177. Del Mar Bluffs 18.4 ac. Preserve outstanding $100,000 Local funds (III-A) coastal views; provide may be for a bluff trail over- budgeted looking the ocean 178o Anderson Canyon 12 ac. Preserve unique canyon $1,000,000 No funding and Triangle and upland support area (I-A) 179. Torrey Pines 20 aco Expand present State $1,300,000 No funding Reserve Extension holdings to. protect (I-B) bluffs and native vege.- tation. This acquisi- tion recommended by the Resources Agency as an important addition to the Reserve Extension 179a. Sandstone Bluffs 4.5 ac. Protect scenic character $65,000 No funding scenic easement) of prominent bluff. The Resources Agency recommends acquisition of a scenic easement to protect the bluffs 180o Connectiong Torrey 19 ac. Connect State holdings in $1,100,000 No funding Pines Reserve and the area to facilitate Extension pedestrian use of the (II-A) Reserve and Reserve Ex- tension -181. Baldwin and 18 ac. Provide visitor center $760,000 No funding adjacent properties and staging 'area for Torrey (I-A) Pines and Los Penasquitos State Reserves 182. Los Penasquitos* 280 ac. Protect excellent lagoon $1,550,000 Part anti- Lagoon habitat area and extend cipated to (II-B) existing State Reserve be funded by 1976 Bond Act S-20 Coastal Commission March 1976 Acquisition List Approximate Cost- Number, Name (based generally Status and Priority Major Objective on assumed of (as of March 1976) Acreage of Public Acquisition market value) Acquisition 184. Cabrillo 250-400 ac. Expand National Monument $ 0 Proposed as National to provide water-related Federal Monument recreational use transfer, (TV-B) but no pre- sent inter- est 185. Iadera Street .150 ac. Provide State manage- $ 0 Same Park ment of beaches and (IV-B) bluffs,and appropriate recreational uses 186. North Island 70 ac. Open beach to public $ 0 Same Naval Air Station for recreation (IV-B) 187* Silver Strand 350 ac. Expand existing State $ 0 Same State,Beach Beach for day use and (IV-B) camping 188. Sweetwater Marsh 173 ac. Preserve one of the last $2,800,000 May be (I-B) remaining high quality funded by marsh and mudflat areas Federal in San Diego Bay serving Endangered as a key habitat for marsh Species Act birds and waterfowl and 1976 Bond Act, Sec. D as Wildlife Conservation Board (WCB project) 190. Tijuana Estuary 390 ac. Preserve and protect $1,365,000 May be (I-B) resource and habitat funded under values and agricultural See. D of lands. Prevent urban 1976 Bond encroachment; maintain Act as a or restore the estuary WCB project to tidal action 5-21 APPENDIX 6 GENERAL LIST OF LAND AND WATER USES SUBJECTJO MANAGEMENT IN THE COASTAL ZONE APPENDIX 6, GENERAL LIST OF LAND AND WATER USES SUBJECT TO MANAGEMENT IN THE COASTAL ZONE Following is a non-exclusive list of land and water uses specifically identified in the California Coastal Act as those subject to management policies. See Chapter 5 for a discussion of the develop- ment of performance standards that, in generalt comprise the management system. Development: 30106 (definition), 30107.5, 302DO, 30212, 30233(c), 30240(a) & (b), 30241(e), 30244, 30250(a), 30251, 30252, 30253, 30261(b), 30519, 30600, 30601, 3o6O4, 3o6O7, 30610@d), 3o62D.5, 3o621, 30622, 30623, 30624, 3o625, 3o626. Structure: 30106 (definition). Human activities: 30107-5. Electrical generating facilities: 30001.2, 30264, 30413,. 30600. Coastal-dependent developments: 30001.21 30001.5(d), 30101 (definition), 30235, 30255. Ports (coastal-dependent development) and port facilities: 39001.2, 30233(a), 30519(b)', 30700 through 3072D. Commercial fishing facilities (coastal-dependerit development): 30001.2, 30233(a)(1), 30233(c), 30234, 30703, 30113(d). Offshore petroleum and gas development (coastal-dependent development): 30001.2. Liquefied natural gas facilities (coastal-dependent development): 30001.2, 30261(b), 30715(a). Energy facilities in general: 3010@ (definition), 30233(a)(1),,30515, 306010), 30603(a)(5). Public works: 3011-4 (definition), 30254, 30515, 306010), 30603(a)(5), 30605, 30606. Services or improvements of special districts benefitting the area: 30118, 30254, 30504. Treatment works: 30120 (definition), 30412 (c, d, e). Coastal-dependent industry: 30222, 30233(a)(1), 30260. Development, transportation, or spillage of crude oil, gas, petroleum products, or hazardous sub- stances: 30232, 30261(a), 30715(a). Containment or cleanup facilities for oil spillst etc.: 30232. Incidental public service purposes, including burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines: 30233(a)(5), 30233(c), 30705(a)(4). Public service facility expansion: .30241(d). New hazardous industrial development: 30250(b). Formation or expansion of special districts: 30254 Tanker facilities: 30261, 30707. Onshore development associated with tanker operations: 30261 Oil and gas development. 30262, 30418. Drilling platforms or islands: 30262(c) & (d). Refineries or petrochemical facilities: 30001.2, 30263, 30715@e) & (f). 6-1 Geothermal wells: 30418. Public agency developments: 30600(b). State University and Colleges: 30119, 30519(b), 30665, 30606. Installation, testing and placement in service or replacement of necessary utility connection: 30610(b). Wastewater treatment facilities in-ports: 30715(b). Roads and highways in ports: 30715(c). Public agency activities ouiside the coastal zone: 30200. Portion of developments outside the coastal zone: 30604. General industrial use: 30222. General commercial use: 30222. Water supply projects: 30236. Flood control projects: 30236. Mutually beneficial State and local government wes: 30001.5. Recreational boating use' 30224. Recreational boating facilities, including dry storage areas, public launching facilities, berthing space, support facilities: 30224, 30233(a)@2, 3, 4), 30234, 30411(b) 30703, 30715(d). Maintenance of depths in navigational channels, turning basins, vessel berthing and mooring areas: 30233(a)(2), 30610(b), 30705(a)(1). Entrance channels for new or expanded boating facilities: 30233(a)(3). Construction, deepening, widening, lengthening or maintenance of ship channel ap caches, ship channels, turning basins, berthing areas, and other port facilities: 30705(a)(1yr Commercial, recreational, scientific, and educational use of the marine environment: 30230. Wastewater discharges: 30231. Once-through cooling: 30263. Entrainment: 30231. Runoff: 30231. Depletion of ground-water supplies: 30231. Drafting of subsurface fluids, leading to subsidence: 30262(f). Substantial interference with surface waterflow: 30231. Reclamation of waste water: 30231. Waste or pollution of resources: 30005(c). Alteration of natural streams: 30231. Channelizations, dams, or other substantial alterations of rivers.and streams: 30236. Alterations of natural landforms: 30251. Diking: 30233(a), 30233(c), 30607.1, 30705(a). 6-2 Filling: 30108.2 (definition), 30233(a) & (c), 306071., 30705(a), 307o6. Dredging: 30233 (a, b, c), 3ofto(b), 30705. Spoils disposal: 30233(b), 30705(c). Protective construction against erosion, etc.: 30253(2). Existing marine structures: 30235. Revetmentsq breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and similar construction: 30235. Aquaculture (or mariculture): 30233(a)(8), 30705(a)(7). Mineral extraction, including sand for restoring beaches: 30233(a)(6), 30705(a)(5), 30705(c). Wetland-dependent activities: 30233(a)(8). Wetland restoration: 30233(a)(7), 30233(c), 30411(b), 30705(a)(6). Developments to improve fish and wildlife habitat: 30236. Uses dependent on environment ally sensitive habitat areas: 30240(a). Habitat uses: 30708(d). Educational uses: 30001.5(e). Nature study: 30233(a)(8), 30233(c), 30705(a)(7). Recreational use and development: 302109 30221, 30708. Public recreational facilities including parking: 30212.5. Visitor-serving facilities: 30250(c). lower-cost visitor and recreational facilities: 30213. Water-oriented recreational activities: 30220. Private visitor-serving commercial recreational facilities: 30222. Support facilities for coastal recreation: 30223. Beach replenishment: 30233(a)(6), 30233(b), 30705(a)(5). low- and moderate-income housing or replacement housing: 30007. Housing opportunities for low- and moderate-income persons: 30213.- Housing' 30213. Private residential use: 30222. Improvements to existing single-family residences: 30610(a). Repair or maintenance activities: 30610(b). Improvements to existing structures, or any other developments, not more than $25,000: 3o624, Infilling or replacement development: 30610.5 (a)(2)(i). Completion of logical and viable neighborhoods: 30241(b). Office and residential buildings in port areas: 30715(d). Hotels, motels, and shopping facilities in port areas: 30715(d). 6-3 Non-water-dependent land uses- 30224. Non-agricultural development: 30241(d). Urban land uses: 30241. Establishi t le boundaries separating urban and rural areas, including clearly defined buffer areas: ms ab 30241(a) Divisions of land: 30116(g), 30250. Division of prime agricultural land: 30241(e). Division of coastal commercial timberland: 30243. Conversion of coastal commercial timberland: 30243. Conversion of agricultural lands: 30241(b). Conversion of (non-prime) lands suitable for agricultural use: 30241(e). Conversion of coastal commercial timberland: 30243. Agricultural uses: 30241. Logging: 30118.5, 30417. Nuisances: 30005(b) & (d). APPENDIX 7 DRAFT LOCAL COASTAL PROGRAM MANUAL AND DRAFT LOCAL COASTAL PROGRANREGULATIONS CALIFORNIA COASTAL COMMISSION 1540 Market Street, San Franisco 94102-(415)557-1001 February 14, 1977 February 14,1977 TO: COASTAL COUNTY AND CITY PLANNING DIRECTORS, FEDERAL AND STATE AGENCIES AND OTHERS INTRESTED IN LOCAL COASTAL PLANNING FROM: JOSEPH E. BODOVITZ, EXECTUTIVE DIRECTOR, STATE COMMISSION SUBJECT: DRAFT LOCAL COASTAL PROGRAM MANUAL Under the California Coastal Act of 1976, each city and county along the coast is to prepare a Local Coastal Program that will become the basis for its conservation and development decisions within the coastal zone The enclosed draft Local Coastal Program Manual is a working guide to the preparation of LCPs, designed to provide practical assistance to local gover- ments and others involved in local coastal planning. It is a to the draft Local Coastal Program regulations mailed January 27. (We are sep- arately seeking your comments on those draft regulations as soon as possible. A public hearing so be held in early March to permit adoption on of the regulations by April 1 as required by the Coastal Act.) This draft manual is intended to be immediately useful to local governmens in applying for initial, funding assistance and beginning to design their local coastal programs. It is also being distributed to State federal agencies to advise them (and to seek advice from their roles in the preparation and certification of local coastal programs is to prepare a revised draft in April, so we need your comments as soon as possible but no later than March 12. To be fully useful, we expect the manual to be updated, expanded, and corrected from time to time. The draft has been prepared cooperatively by the Office of Planning and Re- search and the Coastal Commission staff. In addition to updating and revis- ing the manual, our two offices we as much other assistance and information to local governments as possible, including model ordinancies ning studies, reference documents, etc. We look forward to working with you. 7-1 IDGAL COASTAL PROGRAM MANUAL TABLE OF CON"= TAME OF CONTENTS, continued Introduction A. Shoreline Access Background: The Coastal Act and Local Coastal Program@s B. Recreation and [email protected] Purpose of this Manual 2 C. Housing Organization of the Manual 3 D. Water and Marine Resources E. iDiking, Dredging, Filling, and Shoreli: PART I - PREPARATION OF LOCAL COASTAL PROGRAM F. Commercial Fishing and Recreational Bo Chaoter I - Local Coasta] Program Work Program (Phase 1) 6 G. Eniironmentally Sensitive Habitat Area A. Identifying Coastal Planr iing Issues 7 H. Agriculture B. Evaluating Suffic' cy of Information I. Hazards ien C. Outlining LGP tasks 9 J. Forestry and Soils Resources D. Providing Public and Agency Participation 10 K. Locating and Planning New Development E. Choosing Options and Scheduling 31 L. Coastal Visual Resources and Special C F. Identifying Potential Conservancy Projects 12 M. Public Works G. Review of the Work Program by the Commission 13 N. Industrial and Energy Development Chaoter 11 - The L--nd Use Plan (Phase 1-11 14 PART In - FUNDING ASSISTANCE A. Addressing Coastal Planning Issues 14 A. Federal Coastal Zone Management Grants B. Preparing the Land Use Plan 16 B. Reimbursement of State-Mandated Costs C. Irtergovernmental Coordination 21 C. Su=m7 and Conclusion D. Citizen Participation 31 B. Environmental Requirements (CEQA) 34 APPENDICES F. Submittal, Review, and Certification of Land Use Plan 36 -Amendix A - Mailing Lists of Local, State, ai Chante- In Zoning and Irmlementing Actions (Phase 111) 39 City and County Planning Directors A. Zoning 39 Areawide Clearinghouses (COGs) B. Implementing Actions 41 California Coastal Commissions C. Submittal, Review, and Certification of Zoning Phase .42 State Agency Contacts Federal Agency Contacts PART I'l - COASTAL ACT POLICIES Appendix B - Coastal Conservancy (no Introduction 44 7-2 INTRODUCTION including public hearings and formal submittal of After the LCP, or any geographic portion of it BACKUROWIM: THE COASTAL ACT AIM LOCAL COASTAL PROGRAMS coastal commissiong the local government assumes r The CAlifornia Coastil Act of 1976 declares that "to achieve maximum r.esponsiveness to local conditions, accountability, and Public accessiblity, tering coastal development permits for that area o it is necessary to rely heavily on local government and local land use planning for developments proposed on submerged lands, tide certain ports, and state universities or colleges, procedures and enforcement" in carrying out the State's coastal objectives and Chapter 7 of the Coastal Act will then rest with t policies "Section 30004". To this end, the Act directs each local goverment the state coastal commission will only hear limits lying wholly or partly within the coastal zone to prepare a Local Coastal Pro- gram (LCP) for its portion of the coastal zone. permit decisions. Developments, including State a be allowed only if found to be in conf oT lty with An LC? consists of "a local government's land use plans, zoning ordinances, PURPOSE OF THIS MANIUAL zoning district naps, and Cin designated sensitive coastal resource areas] irplementing actions which, when taken together, meet the requirements of, The Coastal Act recognizes.,that conditions allo and i#lement the provisions and policies of, [the Coastal Act] at the local and that each-local .government must, in consultati level." 'Section 33108.6 The land use plan, the heart of the LOP, is mission, develop the Ik;P that best suits these loc defined as: because of the great reliance placed on the ILP to "...the relevant portions of a local goverrunent's general plan, or coastal managemen, program, the Coastal Act also local coastal element, which are sufficiently detailed to indicate the Rinds, location, and intensity of land uses, the applicable guidance and review of the LCP process by the coas resource protection and development policies and, where necessary, a listing of i;7plementing actions." "Section 30108.5" commission is to adopt procedures for the preparat The co=onents of the LCP are discussed more fully in later chapters., certification and amendment of LCPs, including -,a As set forth in Ithe Coastal Act, the local government may prepare and the preparation of and the determination of the s program .... "Section 3050V submit its land use plan and zoning docu:nents at one time or in two stages; may sub-mit its coastal plans in several geographic subunits (based on com- As of this datteg the coastal commission accor mission sznrc@ial that the units can be evaluated separately);- or may, by documents whichr together, provide guidance for loc July 1, 19,77, request that the coastal commission prepare all or part of LCPs. The first is the coastal commission regulati the LCP. (Preparation of the LC? by the coastal comnission, however, does dures and basic methodology for local government-pr not exempt the local government from other requirements of the Coastal Act, procedures for the review and certification of the 7-3 is not a mandatory component of the LCP, but it is commission, The second document is this manualt which should be used as a Commission to provide funding assistance for local supplement to the Coastal Act and the commission's regulations. II and III (land use plan an d zoning) may, accordiA This manual is directed primarily toward assisting local planning I de- combined. Howevero it is anticipated that most loc partments, a,dvisorf and technical committees, governing bodies, and others to prepare and submit their LCPs in the phases as o %bo wi-U actually be preparing LCPs or who wish to participate in local coastal moreover, much of the guidance for each phase uould planning. But the manual should also assist special districts and State and submitted together or separately. Federal agencies in becoming effectively involved in the intergovernmental effort The chart on the,following page illustrates th necessary to carry out th.a Coastal Act at the local level. procedures. It should be noted that local coastal The manual is intended to help local governments that have large and complex as soon as possible after the Commission's adoption coastal jurisdictions, as well as ithose with fewer issues and smaller areas. schedule. No LCP may be required to be submitted b Thus the use of the manual and its guidelines should be tailored to the speci- shall they be submitted later than January ll 1980. fic needs of each coastal county and city. Part II of this manual sets forth all of the pc the Coastal Act, organized into 14 subject groups. 'MMIZA7,IGN OF THE MANM there are explanatory notes,, a checklist for factors and a listing of relevant governmental agencies and This manual is divided into three parts: Part I, Preparation of the Local Coastal Program; Part 11, Coastal Act Policies; and Part III, Funding Assistance. Part III of the manual describes the methods Part I describe3 i.n a narrative mamer the optional and mandatory provi- assist local governments in the preparation of local sions of the Coastal- Act and the corunission's regulations, combined with information on other applicable laws and explanations and guidance that should be useAa in local coastal planning. (This generalized discussion should not, however, be read as a substitute for the specific language of applicable laws and regulations.) Part I is organized sequentially, dividing the LCP preparation process into three phases: (1) the work program; (2) the land use plan phase; and (3) the zoning and implementing actions stage. Phase 1. the work program, 7-4 MOCESSIM LOCAL COASTAL MOGILA113 LOCAL COM13112IT (Review based on LOCAL GGVHuR-1Ltrr (Review based on SUBITTS, MID U31-1' PLAILS Coastal Act policies) SUMU-M Z01111iG Land Use Plan) 1-1 U.. rl.. CIRTIFMV P-t-tl- md Nlpt. P,Iki- ft-t- nd A.t. -P. M., 1-"'IZ 1*v.I t, Z. tZ,.;@41A L1,t of J@VI-Ll,q Q-- 12 1!".En' II,.' " - 6,7 LOCAL pl.. ti, A.ti.n. 18 st.t. C-t..too St.t. C-I..I- 45 M-Y pul up M.,i-a V.t-d- wh.th- 7 C-i-1- Acti- 9,10 -01 and fl-i- If AFV-A Rlt344 S.Jb- t-tw I- 1. Ninety days for Regional Commission action. 2. If the LUP is denied in whole or part, local govIt. may either revise and return to Regional Commission or appeal directly to State Commission. 3. Approved LUPs automatically forwarded to State Commission within 10 work.days; denied LUPs appealed by local gov't. 4. State Commission has 60 days to complete review. 5. If denied in wl*le or part, local govIt. may revise and either submit to Regional Commission or appeal directly to State Commission. 6. Regional Commission has 60 days to act on submitted zoning and implementation measures. 7. If zoning denied in. whole or part, local govIt. may revise and return to Regional Comatission or appeal directly to State Commission. S. State review only if appealed by local govIt. or aggrieved person within 10 work days, or if "called up" by a majority vote of State Commission within 30 days. 9. Sixty days to act following receipt or appeali if State "calls up" Regional Commission action, 30 days to act. . 10. If denied in whole or Wt. local govIt. may rtvise,and either submit to Regional Commission! or resubmit directly to State Commlision. 71 At any tirm State Com-,A25ien may pull up by majtNrity VLlte. TOP atui/ar zonina per PRC 'YMM. 1-@@6,7 4,5 7-5 PART I PREPARATION OF THE LOCAL COASTAL PROGRAM 7-6 CHAPTER I LOCAL COASTAL PROGRAM WQRK PROGRAM (PHASE I) The development of the work program will enabl and the Coastal Commission to arrive at an agreemen and work that appear to be needed for preparing the The initial step in preparing an LCP is the de-relopment of a work able funding accordingly. program. The development of the LCP vork program assures early coordina- tion between the local government and the coastal commissions and provides Some funding is also available to assist local the basis for distributing grant monies by the coastal commission to local the work program itself. The commitment of tine an governments for coastal planning. (For more details on funding support should, however, be kept to a minimum# so that most for coastal Planning, see Part III .) io.the actual work of preparing the 1CP. According to the commission's regulations (currently in draft), the work In addition to discussing the work program tas program should. chapter will also deal with a special concern of id 1) identify coastal planning issues; sible local projects that may be eligible for suppo 2) evaluate the sufficiency of information contained in existing plans Conservancy. and regulations; 3) outline the tasks required to address the coastal planning issues A. IIEjTIFM1G COASTAL FUMING ISSUES and to bring local plans and zoning into conformity with the Coastal Act; According to Section 00021(a) of the Commissio 4) establish procedures for providing maximum opportunities for the identification of coastal planning issues should be participation of the public and all affected governmental agencies assessment of the potential impact of the kinds, lo in the preparation of the LCP; and development currently allowable by local. regulatio 5) specify the option(s) for submittal the local government intends to elopments proposed by any port or harbor district, use and the proposed schedule for submittal of LCP documents (coor- agency orpublic utility . . . on coastal resources dinated with the regional and state commission review schedule). the coast." All substantial conflicts between such development and the policies of Chapter 3 of the Co (These requirements apply only if funding assistance is being sought; it is forth as coastal planning issues for specific geogr expected that most local governments will seek such assistance. If a local al zone. government believes its current plans and zoning are adequate and wishes to proceed without funding assistance, it should still, in accordance with the To do thist the local government should review regulations, submit item 1, 4, and 5 for commission and/or staff review. ; make reasonable estimates where such data is not av system constraints (e-g-v existing and plumed cap 7-7 road system and current usage and an avalibility of coastal recreational facilities) and should identify major resource or hazard areas (e.g.,sensi- points for expansion, and the impact of such expansions. There may be a cultural lands, and lands with recreational potential). need to refine the assessment of the potentially allowable development based on a review of lot patterns and ownerships, where such information is needed The local government should the potentially allowable land to resolve coastal access or resource conflicts. Another example might be a uses and activities to determine whether the intensity of development could need for futher data regarding urban-agricultural land conflicts to establish a basis for defining the boundary between urban and rural areas consistent overburden available services causing adverse impacts on coastal resources or with Coastal Act policies. access, or whether the location and type of development could adversely affect During the land use plan phase, the local government will need to have the major resource areas and safety that have been identified. sufficient data to determine how to meet the Coastal Act policies. At the Not all of the policies of Chapter 3 of the Coastal Act will be applicable same time, it must be recognized that data alone will not solve all issues and to eve-y jurisdiction, and the degree of importance or potential conflict will many decisions can be made on the basis of Iexisting information. Thus as part also vary. Thus especially important for the local government and of the work program, the Commission and the local government should agree on Coastal Commission's staff to work closely together in identifying the coastal how much time and money needs to be allocated to gather or to develop new in- planning issues at this stage. formation. (Guidelines f or the type of background information for each policy group appear in Part II of this manual.) B. EVALUATING SUFFICIENCY OF INFORMATION Once the coastal planning issues have been identified, the local govern- C. OUTILINING LCP TASKS will need to design its work program to resolve those issues. In some In addition to being based on sufficient data, the LCP will need to include cases, further data than is currently available will be needed. The local land use controls that effectively "meet the requirements of and implement the government should therefore, during the preparation of the work program, provisions and policies of" the Coastal Act. (Section 30108.6) Thus local assess the adequacy of its existing data regarding the identified coastal governments should, in the work program phase, evaluate the adequacy of issues and determine where additional will need to be developed. existing general plan, zoning, and other regulatory devices and identify For example identification of issues may in some cases as specifically as possible the tasks needed to correct any defiencies or have been based only on rough estimates and the "local government will need to develop any new plan components, zoning provisions, etc., to carry out to allow, in its work program, fora refinement of the issues based on coastal policies. further information, such as precious determinations of the existing and pro- A review of the following two chapters and the checklist" for applicable policy groups in Part 11 of this assist in posed capacities of water supply, sewer, and road systems, the decision identifying the tasks and estimating the amount of work needed. 7-8 An additional task may be the. preparation of an Environmental Impact should also be provided for in the zoning phase. Report if required by the California Environmental Quality Act (CEQA). if should provide guidance for local governments in s the local goverment determines that an Environmental Impact Report is needed, gram, the-procedures for public and agency partici this task should be provided for and coordinated as much as possible with the ILT preparation, as discussed in Chapter 2.. It should be noted that most of the technic finition of the planning work program will. likely The work program,would then be submitted to the Commission with an appli- local staffs. The local goverrunent may wish .to h cation for a local coastal planning grant. The work program should follow the ing on its proposed work programp but this is not format outlined in the LCP grant handbookf focusing on the major objectives work programs for funding would be subject to publ to be achieved and the planning acItivities. required to address each objective. regional and/or State Coastal Commission, and ampl. These major activities should be subdivided by specific issues, with a dis- ed a* that time for comment on the scope of the co cussion of: (1) the specific objectives being addressed; (2) an identification fied and the adequacy of tasks to address them. of major work tasks to be undertaken to achieve these objectives; (3) a list- ing of end product@s and results of these tasks; and (4) an estimate of the E. CHOOSING OPTIONS AND SCHEDIMING cost an@ staff time required to complete the work described in each sub- The work program should indicate whether the category. be submitted in two stages or at one time and -whet to submit the local coastal program for its entire D. PROVIDING PUBLIC AND AGE21CY PARTIC IPATION separate geographic units (Section of the Accordi.ng to Section 30503 of the Coastal Act, and also Section 00020 of tions). It should also indicate whether. under at it intends to submit relevant elements of its gene the commission's draft regulations on LCPs, local governments must esta - coastal element. These options are described more blish procedures for providing maximum opportunities for the public and all affected governmental agencies to participate in the preparation of the LOP. Based on its assessment of tasks and choice o The way the local government intends to do this should be described and local government should estimate as realistically provided for in the work program. stages or portions of its LCP will be ready for re It is essential to assure that the public and other agencies are heavily taking into account local government hearing and a involved during the land use plan preparation; thus intergovernmental coordin- information will assist the regional cormission an stion and various public information and involvement techniques are discussed and revising as necessary, their schedules for rev: in Chapter 2 (the Land Use Plan Phase). Similar participation opportunities develop between the commissions' requirements for 7-9 government submissions, as set forth in Sections 00030 and 00031 of the LCP r,. MM OF THE WORK PRO=4 BY THE COMMISSION regulations, work programs may need to be accelerated in some cases, or review Assuming that a local government is seeking s of a completed LCP by the regional commission may need to be delayed. the preparation of its local coastal programt the E- =-MT=IG PQMaUL- CONSMANCY PROJIMTS mitted to the Commission for review to determine: As specified in the Coastal Conservancy Act (AB 3544), most local pro- "(1) whether the scope of tasks defined appe the policies of Chapter 3 of the California C Jects that W, be a .ligible for assistance from the new Coastal'Conservancy cluding uses of more than local importance, involving other jurisdictions; must first be designated izi a certified TCP. Thus it is essential to identify (2) which tasks may be contracted for under ernments as differentiated from tasks which m areas potentially suitable for immediate Conservancy funding assistance as under other statutes or may more appropriate early as possible. The work program should then provide, if feasible, a means agencies; and for accelerating certification of all or a portion of the LCP to establish @3) the adequacy of methods proposed for invc Section 00061 of draft LCP regulations.) eligibility under the Conservancy Act. The work programs will be uzed to support C In close consultation with the Coastal Commission and the Coastal Conservancy, federal funds available under the Federal Coastal the local government should identify any of the following that may require early will be the basis for grant contracts between the Conservancy action: government. In determining funding, local governm (1) 'rWrtant agricultural lands meeting the criteria set forth in mission will need to work together to evaluate an Section 31152 Of the Conservancy Act; the available time and money to do them. The Coas (2) areas requiring coastal restoration (Section 31200 of the Conservancy agencies, or other groups may also be able to und Act); vide assistance. Should available federal grant (3) areas requiring resource enhancement (Section 31251 of the Conser- to complete the necessary work, this review could vancy Act); and in determining a local jurisdiction's potential el (4) significant recreation and natural areas which are in danger of of coastal planning tasks under SB 90. (See Part begin lost (section 31350 of the Conservancy Act). of funding.) Public accessways for@ more than local needs may also be assisted by the Con- servancy, but are not necessarily tied to a certified LCP. For a summa-y of the Coastal Conservancy program, see the Appendix (not included in this draft). 7-10 CHAPTER II in the approved work Program on tasks needed to,e THE LAND USE PLAN (PHASE II) issues. An .overall methodology for analyzing coast ment issues is set forth in the commission's draft In the second Phase, local governments shou Id address the coastal planning methodology should be used unless another approach issues. identified in the work program and prepare any amendments or modifica- the work pr6gram. As set forth in Section 00021(c) tions to existing planst or new elements, to constitute the coastal land use the steps are: Plan. The land use plan is defined in Section 30108-5 of the Coa stal Act "(1) The existing and proposed capacities as follows: including water supply systems, sewage tre portation systems, and of public recreatio "'Landuseplan' means the relevant portions of a local government's ascertained. The kinds, location and inte can be accommodated by the existing capaci ge'-Ieral Plan, or local coastal element which are sufficiently service systems and the projected demand f detailed to indicate the kinds,, -locations? and intensity of land other than local residents shall then be d uses, the applicable resource protection and development pol*cies sewer, water or recreational use systems and, -,;here necessary, a listing of'implementing actions." the kinds, intensity and location of devel stage of expansion of these systems'shall (The use of this term should not be confused with a land use element or land decision points ... shall be identified. use map of a general plan.) policies of Chapter 3 of the Coastal Act o or conditions as to the amount, timing or expansion, an analysis shall be made @o d public service and recreational capacity The land use plan, once certified by the coastal commission, is the basis use of the general public. upon which zoning andt for designated Sensitive areas, other implementing actions (2) After the analysis of the public.ser, pleted, the policies of Chapter 3 of the. will be developed by local governments and approved as to adequacy, by the coastal to specific coastal resources and to spec commission (see Chapter should be applied to determine the kind, land and water uses that would be in c=f the Act ... [including] consideration of re local importance...,provisicns for priori During Preparation of-the land use plan, local governments should coordin- of the public access component.... ate planning with affected 10calt regional@ state, and federal agencies, pro. (3) ... Alternative development patterns. adequate to carry out the policies of Cha vide for citizen Participationg and prepare environmental documents in accord- shall then be examined and assessed..-hs ance with the California Enviro-e#al Quality Act. Fach of these aspects of cumulative impacts on coastai rcsowrcoi.@, a alternatives shall al5o deLerm-4-e develop land use plan preparation is discussed in the following sections. areas, identify where density increases 0 and indicate measures necessary to protec areas and coastal access. If the level ai Ao kDD.-L-rMING COASTAL PLANNING ISSUES recommended for the local coastal program public service or recreational facilities for funding and implementing public serri lied Based on the identification of coautal* planning issues during the work ties should be specifically identi. program phase, the coastal commission and local government will have agreed 7-11 Depending on local conditions and coastal planning issues, and the assess- ment of exIisting data, any other tasks,that were identified as part of the work of State law should be followed by each local gOverW program should .also be done during this phase. Until the commission adopts them is not a coastal commission responsibility exce information guidelines, the submission .guidelines for applicable policies in fically affect the adequacy of the plan within the c Part II of this.manual should be used as a checklist to make sure the prepara- carry out the provisions of the Coastal Act. tion of the land use plan is based on "materials sufficient for a thorough and Existing local general plans that have fully ad complete review" pursuant.to Section 30510(b) of the Coastal Act. ning law requirements may already deal with many of B. P=kRrIG M LUID USE PLAN policies. Ilearly all of the mandatory elements of t ampleg relate to coastal issues, After evaluating and resolving the coastal planning issues, the next step The land use element: is to prepare any revisions, additi Ions, or new elements to the local plan "designates the proposed general distribution documents to constitute the land use plan. is noted in the draft regulations: and extent of uses of the land for housing, bus space, including agriculture, natural re@:,curces "The level and pattern of development selected by the local.govern- joyment of scenic beauty, educ .ation, public bui ment shall be reflected in a land use plan. . - The scope of a local solid and liquid waste disposal facilities, and coastal program shall include measures necessary..to achieve conform@- Public and private uses of land. The land-use a statement of the standards of populati= dens ity with the policies @f-Chapter 3 of the . . . Coastal Act and shall tensity recormended for the various districts extend to the authority granted by the planning laws'of the State of covered by the W-an.- The land-use element sh Callfornia covered by the plan which are subject to floo The land use plan, in other words, uses and must conform to existing State annually with respect to such areas." (Section ment Code) planning laws. The circulation element shows the general locat 1. Relationshio to -Planning Laws and proposed transportation systems, correlated with Sections 65300 et. seq. of the Government Code require that every city The circulation element ,may also include "recommenda and cout-Ity prepare and adopt a comprehensive long-term general plan for the facilities and building setback lines. (Section physical development of the jurisdiction and its environs. The general plan, Me-it Code). Themandated scenic highway element sho consists of nine mandated elements and may also include optional elements coastal planning. (Section 65303). The general plan may be adopted in separate elements or at The housing element is to provide adequate site one ttme, for all or part of the jurisdiction (Section 65300- Section 65300'-5 all economic segments of the cornunity.@ The Coastal requires that the general plan comprise an integrated, internally consistent thatnew housing in the coastal zone be in conformit3 and compatible statement of policies for the jurisdiction. These requirements element. 7-12 The conservattioIn element covers "the conservation, development, and utili- Many of the optional elements contained in the zation of natural resources including water. forests, soils, rivers and appropriate for addressing coastal concerns. For e other waters, harbors, fisheries, wildlife, minerals, and other natural re- A recreation element showing "a comprehensive sources" (Section 65302(d)). It may also Include such concerns as flood con- sites for recreationg including natural rese trol, water pollution, protection of stream channels. erosion, and watershed (and] beaches. regulation. A-transit element showing a proposed system of Similarlyp the open space element addresses many coastal issues, includ- facilities. ing recreation, water and marine resources, environmentally sensitive areas, A public services and facilities element plann forestry and soil resources, hazard areaso and visual resources, These are dLsposal, drainage, and local utilities. corvered under a broad definition of open space uses .as follows: A community design element consisting of "St- "1. Open space fcr the preservation of natural resources including. . . erning the subdivision of land, and recommend plant and anizal lilfe . . . ; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and and neighborhood development and redevelopment coastall b.eaches, lakeshores, banks of rivers and streams* and water- shed lands. An historical preservation element identifying 2. Open space used for the managed production of resources, including. . . structures of architectural, historical, archeologii forest , landst rargelands, agricultural lands, , d; areas required for recharge of -ound water basins; bays, estuaries, marshes, rivers cance. and streams which are i-portant for t@e management of co=erciAl fish- eries; and areas -containing maJor mineral deposits. . . The major task in most jurisdictions will be t 3- Open spa:--e for outdoor recreation,' including . . . areas of ovtstand@ revise or add to existing plan elements as necessar ing sceni.ct historic and cultural value; areas particularly suited , for park and recreation purposes, including access to lakeshores, cations, 'and intensity of land uses and resource pr beaches, rivers and streams, and rareas which serve as links between major recreation and open space reservationsg including utility ease-- policies that conform to the Coastal Act policies. mentsl banks of rivers and streams, trails, and scenic highway corri- dors. (not necessarily verbatim restatements of the Actts 4* Open space for public health and safety, including, , earthquake intent and effect and directed toward local conditi. fault zones, unstable soil areas, flood plains, watersheds, areas , presenting hJ411 fire risks, areas required for the protection of water of land uses (in maps, diagramsy and text setting f reservoirs and areas required for the protection and enhancement of air quality.., (section 65560 of the Coverment Code.) standards and plan proposals) will be essential- The seismic safety element identifies seismic hazards and also mudslides, Guidelines.) landslides, and slope stability as related geologic hazards, while the safety Each land use plan must also, according to Sec element covers fires and geologic hazard mapping in areas of known geologic Actv "contain a specific public access component t hazares. access to the coast and public recreation areas 'is 7-13 component need -not be a separate plan element, but the public access provisions The choice of these options is at the discretion should be readily identifiable in the plan documents. and will obviouslv depend a great deal on the nature 2. O-otions for the Land Use Plan ments and an assessment of the advantages of each meth needed revisions. The Coastal Act provides two basic options'for preparation of the land use plan. One option is provided by the definition of the land use plan as either C. n=OOVERh1=AL COORDINATION the relevant portions of a local government's general plan or local coastal Preparation of the land use plan should involve ele-ient. A coastal element is defined in Section 30108-55 of the Coastal Act as: and federal agencies having an interest in the plannin "that portion of a general plan applicable t .o the coastal zone which policies and proposals of various agencies and resol may be prepared by local governments pursuant to this division, or such quire this cooperation. Local governments are respons additional elements of the local govemment's general plan prepared pursuant to Subdivision (K) of Section 65303 of the Government Code." maximum opportunities for involvement- of all affected Within this cption a local government could also use a combination of existing fie procedures for seeking participation for determini plan elements (with amendments as necessary) together with a coastal element. involving other agencies should be defined in the work This could avoid duplicati6n in the coastal element of detailed provisions al- out during the land use plan preparation. ready contained in other plansl such as seismic safety, circulationt etc, At the same time, public agencies-local, regiorm Ancther basic option is provided in Section 30511(a) of the Coastal Act; have an obligation to provide information and assistan preparation and submission of the land use plan in separate geographic units. ments. Moreover, it is in their interest to do so, b The preparation of the plan in separate geographic units could also make use of tion of the ILP, all government al agencies, including exis ting plan elements or community plans, or separate coastal elements, in carry out their development activities within the coa whatever combination meets all the requirements of the Coastal Act with the the 1CP (with the exception of certain federal activit least amount of duplication. For a local government to exercise this option the commission must find that each area proposed for separate review can be The following sections identify some .of the major analyzed for the potential cumulative impacts of development on coastal re- normally be involved in the preparation of the land us sources and access independently of the remainder of the affected jurisdiction. 1. Local Agencies "he appr Coordination with agencies at the local level in oval of this option by the State Coastal Commission would need to be obtained dur@ing the work program phase. adcption of general plan elements and amendments is r law. Government Code Section 65304 directs the plaraij 7-14 and advise wit Ih public officials and agencies, publid utility companies . . . to vl;perri3ors, special efforts should be made to includ the end that maximum coordination of plans may be secured and properly located in the planning process. sites for all public purposes awf be indicated on the general plan." Such c. Special Districts and Utility Companies coordination is also necessary as part of the LCF. Local agencies imclude other cities and counties,- special purpose agencies, special districts and Of particular concern to coastal planning will I utilities, ports, and LAf*COs. that carry out significant public works Iprojects in to Section 30504 of the Coastal Act: a. Cities and Counties "Special districts, which issue permits or othe Because political boundaries do not precisely overlap coastal resource development or which conduct development activi coastal resourcesq shall submit their develoPme areas, cooperation among neighboring jurisdictions will be important. Cities ed local government pursuant to Section 65401 o Such plans shall be considered by the affected and counties are alreac!y required by Section 65300 of the Government Code to the preparation of its local'coastal program." plan for their jurisdiction and any land outside their boundaries that may be The more important types of special districts relatedt and by Sections 65305 and 65306 of the Government Code to refer pro- posed general plan amendments to abutting jurisdictions. In planning for areas purposes are sanitation, soli Id waste disposal, wate parking, parks and recreation, and resource ccnserv within more than one goverment's sphere of influence, cities and counties 30118 of the Coastal Act for definition of "special should establish consistent land use designations, although the local government Assessor's office can help identify special distric with actual- jurisdiction will be responsible for carrying out the LCP within - coastal zone. that. area. Local governments should be encouraged to plan jointly to address coastal issues that are more than local in nature, such as agriculture, water In addition to special districts, there are a qualit7, and road capacity. and private utility companies under the jurisdictio Utilities Commission, including gas and electric cc The regional coastal commission should assist in coordinating the planning that carry out public works projects that may affec of jurisdictions with similar or overlapping coastal issues, and should ensure that each ICP is consistent with the larger-than-local context. Under the Coastal Act, special districts and mit their plans to local governments, and# to. the e b. Special-Pur;ose Agencies Special with coastal policies and community goals, the P1 agencies, such as redevelopment agencies and housing the LCP. Where there, are conflicts, the local gov authoritiesl are of major importance in several coastal areas. When the city commission, and the districts should work together council or board of supervisors is the governing boc]y for these agencies, coordin- The local government will be the lead agency in do ation with other portions of an LCP -.ay be encouraged. Where the governing body I - or revise such plans in the LCP- The coastal comm of the special-purpose agency is separate from the city council or board of ificat 6F@, jn.1heir review and cert 7-1S Once an LCP is certified, all local public agenc ies, special districts, and utility companies must carry out public works consistent with the 1CP. According to Section 30519 of the Coastal Act, the coastal commission's permit e. 1AFCOS authority over such agencies Will, after certification, be delegated to the Local agency formation commissions (LAFcos) ir local goverrrierTtl although local decisions regarding major public works or ing and planning for'the future service area and b major energy facilities wi.ll be appealable to the commission (pursuant to special districts (except school districts). These Section 30603(a)5). plans are required by Section 54774 of the Goveran For Projects not anticipated at the time of T.Cp designation of a public agency's future service are certification, agencies orcom-panies that undertake public works projects or energy facilities "may of public services in the coastal zone, citiesarid.c I their IAFCOS for information and to coordinate plan: reqimst any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of Ian area This coordination should complement other coastal P greater 'than that included within such certified TXP. (Section 30515). 2. Regional Ac!enciesLcouncils of Government If the local government does not amend its WPl such a request for amendment most coastal cities and counties (except those may be brought to the coastal commission. Counties) are members d a council of govern:rients- Thust:where the need is 1 .arger-than-local and where to do otherwise would state- and kederally-mandated planning activities t a&ersely affect the overall public welfare, the cornission may modify or alter concerns of the 1,CP. the regulation of public works and energy' facilities to the extent that only Because of the areawide nature of COGS and the the Coastal 'development permit authority is involved. Public works and energy berships, COGs may serve an important coordinating facilities requiring other local permits would still have to seek local approv- J@wisdictions. Where appropriatef COGS and local 9 als for those permits. desirable to work together formally to plan for the d. Ports and issues. Such possibilities should be actively The Coastal Act contains special provisions governing the ports of Port use plan preparation process- und COG and local Hueneme, Long Beach, and Los Angeles, and the San'Diego Unified Port District. Most federal agencies that f nese ports must prepare, adopt, and have certified by the coastal commission signed memcranda of understanding with the Federal a Port Master Plan. Section 30711 of the Coastal Act provides that ". . for Management (OC7.M) that provide guidance to recipie@ informational purposes, each city, county, or city and county which has a port coordinating areawide and coastal planning programs within its jurisdiction shall incorporate the certified port master plan in its ments and their implications are summarized below. local coastal program." Land Use and Housing Elements COG, to be eligible to ap 7-16 must adopt an areawide land use element and houling element.. The areavide land use plan must contain long- and short-term urban growth policies, In- standards; permissible uses and use priorities; plar cluding the type, intensity, and timing of growth, and mechanisms necessary activities. for coordinating local, areawide, and state land use policies with functional Section 208 Water Quality Management Plans are planning and capital investment strategies. The areawide housing element following EPA approval of the work program, but in =.t identify current and future housing needs by appropriate geographic bar 1,1978. sectors and provides, through policies and implementation proposals, for the Air Quality Maintenance Plans distributioq of housing to meet the needs, of all citizens. COGe may also be involved in developing Air Q Transportation Plans COGs also carry out transportation planning activities under the auspices (AQM?) required by the State pursuant to the Federa: Quality Maintenance Areas. The AWs should integr of-state and federal programs. Designated as Regional Transportation Planning land use plans, and trasportation strategies to be Agencies by the state, or in some metropolitan areas as the Metropolitan local agencies. ABAG is the only coastal COG to dai Planning Organizations by the federal government, COGs prepare regional trans- planning agency. portation plans, with both long-term and short-range elements. These plans are a precondition for receiving federal and state funding of certain transportation 3- State Agencies projects within the area of jurisdiction. Local governments and state agencies must,,- ,work Water Quality 11,11-onagement Plans paration of the land use plan to ensure that: (1) ABAG, AMBAG, SCAG, and CPO have been designated by EPA and the state as plans and regulations, and (2) it incorporates prop watter quality planning agencies under Section 208 of the 'dater Pollution Control projects found to be in accordance with local plans Act amendments of 1972. Coastal areas outside the jurisdiction of these COGa a. Regulatory Agencies will also be covered by 208 plans prepared by the State Water Quality Control To ensure that existing state regulatory progr Board or by other designated special purpose agencies. As part of the 208 plansy the COGs must identify major water quality problems with an emphasis on,non- local coastal programs, Section 3 0522 of the Coasta: point sources and Idevelop specific plans and strategies for dealing with these coastal commissions sha.U not certify any local coa vides for a lesser degree of environmental protecti problems. Coastal problems such as erosion and run-off into wetlands and estu- the plans and policies of any state regulatory agen arles could be addressed in 20S plans. should not attempt to duplicate the authority of st The memorandum of understanding between EPA and OCZM establishes policy for coordination of 208 plans and coastal plans in four areas: water quality such as the Air Resources Board (and air pollution Water Resources Control Board (and regional water the Department of Fish and Game, which will continu cvelp 7-17 the local coastal programs should be reviewed by these agencies and by the decisions. Such coordination will be essential for Sta coastal cor:ussions to assure that they are consistent and compatible. authority over coastal lands and waters, such as the St For example, the Department of Fish and Game may have a policy for the the Department of Parks and Recreation, as well as for protection of valuable stieam habitats that requires certain land use controls public works projects within the coastal zoner such as in the surrounding watershed over which the Department does not have direct Transportation. These agencies should contact all aff authority. The local plans in such a case should be consistent with any as early as possible to assure appropriate provisions environmental protection policy, of the State agency for that area that carries functional programs, such as potential leases of state out the policies of Chapter Yof the Coastal Act. park and recreation, or water project improvementsy etc shouldv* In turn, advise these agencies of how their st It will be a prime responsibility of local governments to provide oppor- can complement coastal lAnd use concerns, such as keep tunities for State agency review and participation, and a prime responsibility recreational facilities compatible with desi Ired intens of State regulatory agencies to thoroughly review and comment on proposed land environmental carrying capacity. use plaw (including resource protection policies) early in the preparation pro- cess. In part II of this manual, appropriate state agen -"Agencies and S each policy group under the section on b. Functional Agencies Informatio?V- According to Section 30403 of.the Coastal Act, local coastal programs "should provide the common assumptions upon which state functional plans for For both functional and regulatory agencies, the the coastal zone are based. Once the local coastal program is certified, should, to the extent possible, provide guidance.and s state agencies must carry, out their development activities in accordance with for the local/state planning that should be reflected the 1CP. If a state agency project is not provided for in the ILP, the state imum, however, each local government should provide nc agency will have to request an amendment from the local government and, if of LCp documents and of public hearings at the local 1 refused, may appeal to the Coastal Commission for the amendment, in accordance state and regional offices of the state agencies liste with Section 30515 of the Act, if it serves larger-than-local needs and is 4. Feder-al-A91D.Cill consistent with Coastal Act policies. A number of federal agencies carry out public we Thus, local-state coordination is particularly important under the Coastal ercise regulatory and management controls over coasts: Act to assure that local plans include needed State projects and management ties. Under the "Federal consistency" p rovisions of programs and, similarly, that State plans respect local coastal land use Management Act (Sections 307(c) and (d))q federal de.v be consistenti to the maximUM extent practicable, wit 7-18 state coastal rwiagement program. (California's program, as set forth in the Because.of the Federal consistency provisicbs, Coastal Act of 1976, is currently being reviewed for this federal approval.) ICp can affect Federal actions, it is essential that However, projects undertaken- by federal agencies on f ederally-owned lands are agencies affected by the local program be considere not subject to the Federal consistency provisions unless the project would In part. 11 of this manual, specific Federal agencie have some effect on the coastal zone beyond the federal property. policy group under the section on "Agencies and so of Information." Many of these will be very useful Li addition, under the Federal consistency Provisions, coastal activities preparing the land use plan. In addition, Federal regulated or supported by federal agencies must be consistent with a state's minimum, a number of Federal Iagencies be for at a. approved management program. These federal activities include: coastal planning process. These are listed in the . Issuing a license or permit for any activity affecting the coastal zone. . Providing financial assistance to state or local government proposals D. CITIZEN PARTICIPATION affecting the coastal zone. The Coastal Act states that "the Legislature Granting a license or permit for an activity covered by a plan for .the the pu3hlic has the right to f ully pa.rticipate in d exploration or development of, or production from.,areas leased under the Outer planning, conservationg end development; that achi Continentiall Shelf Lands Act. servation and development is dependent upon public and that the continuing planning and implementatio A find .in& of inconsistency of such an activity with the state coastal conservation and development 'should include the w! management program can be overruled if the Secretary of Commerce (the agency participation" (section 30006). Citizen Part#iP responsible for administering the Federal Coastal Act) finds that the Proposed coastal policies es .set forth by the Legislature action is either consiste?t withthe objectives of the Federal Coastal Act or within the flexibility allowed in applying those necessary in the interest of national security. public involvement will be an inPOrt-t factor Although -states are given the responsibility for m@aldng these determinations CaliforniatS Coastal conservation and development regarding Federal projects and activitiei, in Cal`Y-_o`r',n`ia' "the local coastal programs Act, the responsibility for ensuring meningful wiU be regarded as a refinement of the state coastal management program. Thus, both with the Coastal commission and with the lo, after certification of the ILP, local governments will be delegated the authoTity one aspect of Public participation is publi to act on behalf of the State in reviewing Federal activities as to consistency 30503 of the Ccastal Act specifically require' t with the state (and the local) coastal program. Decisions by local governments hold a Public hearing or hearings on that portic could be appealed to the Coastal Commission under the same rules that apply been subjected to public hearings within four Ye to activities requiring coastal permits. 7-19 State planning and zoning laws also require a public hearing by both the planning. cu-mussion and the local legislative body prior to adoption of all general plan or zoning ordinance amendments. In addition, Section 30510(a) pursuant to Section 30503 of the Coastal Act. In soj of the Coastal Act provides for the submittal of the LCP pursuant to. a resolu- have been done in recent planning programs or may be tion adopted by the local government after public hearing. Of course, thesa public involvement process at the local level. Foll hearing requirements may all be combined into one or more hearings. Finally, some citizen participation techniques that may be a the Regional Commission and, if appealed or raised on its own motionj the State. paring the participation program. Coastal Commission will hold public hearings for their review and approval of The Media: NewspaDers, TV, Radio ICPs. News releases Meeting notices Ioportant as public hearings are, the full public participation en- Informational articles/briefings Spot ne,,r.-coverage visioned by the Coastal Act should begin much earlier in the planning, with Documentaries Interviews, talk shows, phone-in sessions informational meetings, advisory reviews p and other such means of giving the Public service announcements widest possible range of interests an opportunity to participate in the plan Presentation to Interested Grouns preparation. Speakers/panels 'Slide show Maps and photographs The Coastal Courtission, under Section 30339 of the Coastal Act, has the information Availability responsibility for "ensur[ing] full and adequate participation. by all interested Loan copies in city hall and public libraries groups and the public" in the commission's workt and "recommendCing] to any Sales of documents at cost Publishing of summary documents local government preparing or implementing a local coastal program and to any Newsletter state agency . . . any additional-measures to assure open consideration and Smrharies of local committee meetings and works more effective public participation The Commission will, to the extent Information on State and Regional Commissions Reprints from planning reports staff resources permit, provide assistance to local gove rnm ents with their committees citizen participation efforts, and promote citizen awareness at the statewide Task force and regional level through various methods such as publishing a newsletter and Technical review committee Study group providing assistance in organizing public forums on regional issues. Advisory committee Communitv Involvement Each local government should design its own 'citizen participation program Discussion papers and informational papers wit as part of the ECP process to ma>dmize opportunities for public involvement, Town meetings/public forums/workshops 7-20 The Coastal Commission view of work programs for funding general plan or element document, and no separate EIR will be required if: assure a commitment to citizen participation in the local government's LCP (1) the general plan addresses all the points required to be in preparation process. The Commission may, from time to time , make additinal and EIR by Article 9 of these Guidelines and (2) the document contains a special section or a cover sheet identi- recommendations to appropriate state and local agencies to assure maximum fying where the general plan document addresses each of the points required. public participation as required under the Coastal Act. (b) The Lead Agency for the general plan, element, or amendment shall forward the appropriate documents to the State Clearinghouse for sale E. ENVIRONMENTAL REQUIREMENTS (CEQA) review. LCP is subjcetto the requirements of the California Environmental Quality Local governments should develop a format for preparation and submission Act (CEQA)and the State Guidelines for the implementation of that Act. Section of -required documents that minimizes repetition of information. It is anti- 2115 of CEQA provides that: cipated that EIR content requirements will largely be satisfied by the land All local agencies shall prepare to be prepared by contract, and certify the completion of an environmental impact report on any use plan and supporting documentation prepared in accordance with procedures project they intend to carry out or approve which may have a signifi- cant effect on the env- set out in this manual. To the maximum extent legally permissible, the Coastal A "project," as defined in Section 15037 of the State Guidelines, includes Commission will integrate Coastal Act requirements into any CEQA the adoption and amendment of local General Plans or elements thereof avoid duplication of environmental review. pursuant to Government Code Sections 65100-65700." Zoning and implementing measures submitted as part of the Thus, a CEQA review of a local coastal program will generally be required, subject to CEQA requirments. Local governments may want to use the land and the local government would likely be the lead agency for CEQA purposes use plan EIR to partially or wholly satisfy CEQA requirements in connection because of its responsibility for considering environmental impacts through- with the zoning phase, as provided for in Section 15068.5 or EQA Guide out the jurisdiction. Under CEQA, either an environmental impact report (EIR) lines, as follows: on the proposed land use plan would be prepared, or, if is determined that "The EIR on general plan my be used as the foundation document for EIRS subsequently prepared for specific projects within the geographic the land use plan will have no significant effect on the environment, a.nega- area covered by the general plan. The subsequent may reference and summarize material in the EIR on the general plan for the descri- tive declaration would be filed. tion of the environmental impacts as applies to the specific project Detailed information in the EIR on. the specific project may be limited to In preparing an EIR on the land use plan, local governments may want to a description of the project, the specific enviromental setting and those take advantage of the provision in Section 15148 of the State CEQA Guidelines impacts which are not adequately described for the specific project in the EIR on the general plan. When a subsequent EIR refers to an EIR on the general plan for part of its description of the environment and the for combining the EIR with the local general plan documents: environmental impacts, copies of the EIR on the general plan shall be made available to the public in a number of locations in the community "EIR AS PART OF GENERAL PLAN . (a) The requirements for an EIR on a local general plan, element or amendment thereof will be satisfied by the 7 and to any clearinghouses which will assist in Public review of the EIR. The purpose of this section is not to restrict analysis of environmental the local goverment, after public hearir.3t certilyt issues, but is to avoid the necessity for repeating detail for a General Plan EIR. with the Coas -tended to be carried out in conformi In the case I"of zoning as a "specific pro.Ject" subsequent Ito the land use 2. Pursuant to Regulation .Section 00071(a), a taken to provide the public and affected agencies an( plan, it is expected that virtually all of the descriptions and analysis in an EIR on the land use plan would be the same for the zoning phase. Thus, other opportunity to participate in the UP process. 3. Informationo statements, drawings, mjpsj Ph than the Procedural requirements under CEQAI separate preparation of environ@ mentary data in sufficient detail to allow review fo mental documents could be avoided as unnecessary duplicatibn. Coastal Act. The actual process for Coastal Commission involvement in CEQA review is 4. Whatever environmental documents have been set forth in the draft regulations. An attempt has been made to integrate the quired Pursuant to CEQA. (These may be integrated ij State Con-Lission's review of a draft EIR with its informal review of a proposed 5. A listing of the zoning documents that will local coastal program. Similarly its review of the EIR at the time of the zordng phase, and, for any designated sensitive coas formal LCP submittal has been integrated into the regular hearing procedures. implementing actions necessary to carry out the land For further details on environmental requirements under CEQA, local Procedures for the processing of the land use P goverment -should consult Public Resources Code, Section 21000-21150 and commission and state commission are established in S Title 14 of the California Administration Code, Sections 15000 et.seq. Coastal Act. Coastal Commission regulations should more precise guidance on these procedures. The folIO F. SLOEIITTAL, Rr=w, AND CERTIFICATi6N oF Lam usE PLAN the review and certification process will work. The completed land use plan will-'be submitted to the regional commission The land use plan together with all required doe for review in accordance with the schedule @ established by the commission. The to the regional commission in accordance with the est land use plan must be in conformity with the policies of Chapter 3 of the ' Within 90 days after submittal, the regional commissi Coastal AA and meet all relevant requirements contained in the Coastal Act or disapprove in whole or part the land use plan. Th and the commission!s regula .tions. approve the land use plan if it finds that the land u As set forth in the regulations, the land use plan submission package quirements of and is in conformity with the policies must include: of the Act. If the regional coradssion does not act 1. A "Notice of Completion" in the form of a resolution adopted by go-day period, it will be deemed approved. If the land use plan is approved in its entirety within 10 working days to the State Commission for c 7-22 regional comnission disapproves the land use plan in whole or part, it must CHAPTER III notify the local goverment and provide .a written explanation for the disap- ZONING AND IMP.LEMENTING ACTIONS (PHASE proval. In this event,. the Jurisdiction can revise the disapproved plan and resubmit it to the regional comnission or it can appeal the dissapproval. Following certification of the land use plan, a and submit to the State Commission either the disapproved land use plan or prepare and submit zoning ordinancest zoning district the revised version. quired, implementing actions that carry out the land The State Commission has between 21 and 45 days after a land use plan govell. ent is required to submit zoning documents for has been submitted or appealed to determine, after a public hearing, whether implementing actions are required only within designat specific provisions of the land use plan raise a substantial issue as to resource areas. Each of these requirements is discuss conforritywith the policies of Chapter 3 of the Coastal Act. If no sub- Intergovernmental Coordination, public participat stantial issue is found, the decision of the regional coa=ssion stands. reviei+-as discussed for the land use plan phase---are Where the regional commission approved the land use plan, it is deemed of the preparation of zoning documents. The reader sh certified. If the State Commission determines a substantial issue is raised,, A. ZONIM it must, following public hearing and within 60 days of receipt of the land I As set forth in the commission's draft regulatio use plant either refuse certification or certify, in whole or in part, the "scope of measures contained in the zoning ordinance land use plan. extend to the authority granted by the planning laws o If the State Co-mssion refuses certificationt in whole or in part, it Government Code, Sections 65850--65862 and 6591o-6@9121 must sezd a written explanation for such action to the local government and section 65850 sets out in general terms the type regional co=fLssion. A revised land use plan may t hen be resubmitted direct3y that cities and counties may.enact, including ordinan( to the co.-mission for certification. a) Regulate the use of buildings, structures, arx industry, business, residents, open space, incl It should be noted that, if,the regional commission has gone out of recreation, enjoyment of scenic beauty and Wse o and other purposes. existence or is rot activated, or if the commission decides to raise an b) Regulate signs and billboards. LCP from regional comnassion review for dir .ect consideration by the c) Regulate location, height, bulk, number of st comission pursuant to Section 30333.5 of the Coastal Act, the State buildings and structures-, the size and use of lo other open spaces; the percentage of a lot which Corrnission assumes 'all of the review procedures and time limits of the building or structure; the intensity of land use regional corrmission, and its action is then final. d) Establish requirements for offstreet parking e) Establish and1maintain building setback lines f) Create civic districts around civic centers, buildings or public grounds and establish regula 7-23 Sections 65851 and 65852 provide that a Jurisdiction may be divided in zones A form of zoning that deserves Particular -atte ard that the regulations for each type used be consistent throughout the zone. zoning ordinance. (As noted above, such ordinances action of the Legislature in 1971, the zoning statutes were amended to ment Code Section 65910 to implement the open space require that local zoning. be consistent with the adopted general plan. structure an open space ordinance is to create over Section 65910 requires;that every city and county prepare and adopt an series of maps deliJ@eating over2ay'zones for each o open space zoning ordinance consistent with the local open space p .lan element. open space land identified in the open space eleme As noted in the Commission's draft LCP regulations: vation, resource productionv outdoor recreation, ar "Where applicable and necessary to carry out the policies and pro- and (2) a @ombination of use regulations and perfo visions of an approved land use plan, these zorLing measures may include: exclusive-use zones, overlay zones, conditionally permitted to each category identified. Any particular parc uses based on certain findings, sign and/or design controls, land- scaping and grading regulations, hazard or geologic review require- identified in more than one open space district and mentsp open space and lot coverage standards, mini=, lot sizes, density or timing of development standards based on public service standards applicable to each overlay. capacities &nd- recreational use needs and any other similar ordinances within the scope of zoning measures." (Section 000211-1) B. DWIS4ENTING ACTIONS The types of zoning ordinances used as part of the ILP will vary greatly In areas designated as sensitive coastal reso from jurisdiction to jurisdictiong depending on the structure of existing ments vd-11 have to develop and submit implementing ordinances and the types of ordinances needed to effectively carry out the policies, objectives, principles, standards, and plan proposals set forth in t .he land use ordinances as part of Phase III. The areas eligibl Plan. limited to those defined in Section 3011-6 of the Go "Sensitive coastal resource areas" means those Traditional use zoning (establishing permitted uses and densities in geographically bounded land and water areas wi various resIidentialt commercial, industrial, and other districts) and height. zone of vital interest and sensitiv .ity. "Sens areas" include the following: bulk, and setback ordinances (regulating lot sizes, yards, and the location, (a) Special marine and land habitat.areas and estuaries as mapped and designated in number of stories, and size of buildings) may be wed to implement the land plan. use plan In some situations. Existing zoning provisions and district boundaries (b) Areas possessing significant recreati should be reviewed and amended where necessary to conform to the land use plan. (c) Highly scenic areas.. In other coastal areas, the zoning district ap proach alone may not be (d) Archaeological sites referenced in th line and Recreation Plan or as designated sufficient to carry out the land use plan. In consultation with the Coastal Preservation Officer. Corrnissions, the local government may wish to consider planned unit develop- (e) Special communities or neighborhoods visitor destination areas. ment ordinances, zoning incentives, performance standards, and other similar M Areas that provide existing coastal h approaches. A number of models and examples are available. opportunities for low- and moderate-incom (g) Areas where divisions of land could restrict coastal access. 7-24 The co=dssion may, prior to September 1, 1977, designate such areas where it determines, based on specific findings spelled out in Section 30502 The zoning ordinance, zoning district map abd imp of the Act, that zoning alone would not be adequate to protect coastal first be reviewed by the regional commission. If wit resources or access. The commission's designations are effective for up to ceiving the zoning ordinancet zoning district map and two ye.ars, during ,hich time they must be either confirmed or rejected by actions, the regional commission has not rejected them the Legislature, pursuant to Section 3050215 of the Act. approved. The zoning ordinance, zoning map, and impl Where a sensitive area is so designatedl the "lo.cal coastal program only be rejected on the grounds that they do not corifo shall include the implementing actions adequate to protect the coastal adequate to carry out the provisions of the jurisdicti resources enumerated in the findings.... 11 (Section 30502). The type of use plan. If a zoning ordinance or implementing actio actions subject to commission review will depend on the particular situation regional commission must gi-ve written notification wit but might include such things as a specific plan or resource management to the jurisdiction. The jurisdiction may then either programs. version to the regional commission or, within 10 d.Mrs In addition to the requirement for commission review of the necessary rejection notices appeal to the state commission. implementing actions, developments within designated sensitive areas are The Coastal Act also provides for appe&l by other subject to appeal after certification of the LCP on the grounds of incon@ of a regional commission action on 7,ordxxg to the state sistency with the is9lenenting actions, in accordance with Section 30603(a)(3) State commission by majority vote may refuse to hear of the Act. determines the appeal raises no substantial 1=ua. If filed, the state commission itself may, within 30 days C. SU24ITTAL, R--J=-W, AND CERTIFICATION OF ZONIKU PHASE phase has been approved by the regional coc&=z1on, de The zoning phase, like the land use plan, is submitted to the regional stantial issue is presented as to conformity wllth the 'commission in accordance with the schedule established by the commission, plan. Where a substantial issue is presented .- the 3ta The zoning package is similar to the land use plan submission package (see zord@-'& review those specific portions of the page 36). It should also, where possible, include a summary of the pro- - al Act then be final. (See Section 30513 of the Coazt posed zoning ordinance In chart format indicating for each zone (1) permitted draft regulations for more detailed renew P"COdur"O uses including the principle permitted use and uses allowed with a use p *t, (2) density standards, (3) height standards, (4) setback requixementat erTu (5) lot coverage standards and (6) grading or other site development require- ments affecting runoff and geologic hazards, (7) minimum lot sizes, (8) rel&- vant provisions for phasing of development with capital improvements or as otherwise required in the land use plan. 7-25 114TRODUCTIOIT This section of the manual discusses of the Coastal Act - the policies with which a conform. The policies have been organized for groups: A) 'Shoreline Access; B) Recreation and Visitor-Serving Fa C) Housing; D) Water and Marine Resources; E) Diking, Dredging, Filling, and S1 F) Commercial Fishing and Recreation PART II C) Environmentally Sensitive Habitat H) Agriculture; COASTAL ACT POLICIES I) Hazards; J) Forestry and Soils Resources; K) Locating and Planning New Develo L) Coastal Visual Resources; M) Public Works; and N) Industrial and Energy Development Following.each set of policies is a t explanatory notes, with definitions and other i clarify policies where necessary; (2) a checkl determining factors to be included in the Local of these will be applicable to each local gove of governmental agencies having an interest in general sources of information. 7-26 A. SHORELINE ACCESS (cont.) A. SHOREL N E ACCESS L 1. EXPLANATORY NOTE S 30210. In carrying out the requirement of Section 2 of Article XV, Section 2 of the California Constitution Article XV of the. California Constitution, maximum access, which shall be conspicuously posted, and "No individual, partnership, or corporation, cl recreational opportunities shall be pro%@icled for all the the frontage or tidal lands of a harbor, bay in people consistent with public safety needs and the need other navigable water in this State, shall be p to protect public rights, rights of private property the right of way to such water'whenever it is r public purpose, nor to destroy or obstruct the owners, and natural resource.are3s from overuse. such water; and the Legislature shall enact suc 30211. Develoornent shall not interfere with the the most liberal construction to this provision public's right.of access to t hc sca where acqu i red through the navigable waters of this State shall be alw use, or legislat:%-c authorization, including, but for the people." not limited, to, the use of dry sand and rocky coastal beaches to the firs, line of terrestrial vegetation. Sections 66478.1 to 66478.14 inclusive of the Govern 30212. Public access from the nearest public roadway portions of the Subdivision lisp Act. Relevant porti to the shoreline and along the coast shall be provided in below:. new development projects except where (1) it is -No local agency.shall approve coastal or oceanfront inconsistent v.-ith public safety, military security needs, or subdivisions involving waterways, lakes or reservoi the protection of fragile coastal resources, (2) adequate .,access is provided by fee or easement from a public t' access - exists nearby, or (3) agriculture would . be below the ordinary highwater mark an any ocean coas adversely affected. Dedicated accessway shall not be line within or at a reasonable distance from the sh required to be opened to public ose until a public agency "that portion of the bank or stream bordering or ly or private association agrees to accept responsibility for proposed subdivision." maintenance and liability of 'he access-ay. Nothing in this division shall restrict.public access nor -Additionally, no local agency shall approve a subdi shall it excuse the performance of duties and provide for dedication of a public easement (design and character to achieve public use of the waterway responsibilities of public agencies which are required by of the waterfront bordering or within the proposed Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 2 of Article XV of the California -Reasonable access is to be determined by the local Constitution. (1) mode of access; (2) size of subdivision; (3) c or stream, or type of coastline or shoreline and ap (4) likelihood of trespass and means of avoiding Cr division need not be disapproved if access is not p local agency finds that reasonable access is availa -The subdivider is not required to improve access ro non-residents of the subdivision. Access route(s) transferred to other governmental agencies. Additional Provisions of the Coastal Act: "rac@ local coastal program... shall contain a specif component to assure that maximum public access to Ch recreation areas is provided." (Public Resources Co The coastal public access program need not be a sepe chapter, but the necessary provisions must be readil within the local coastal program documents. 7-27 A. SHORELINE ACCESS (cant.) A. SHORELINE ACCESS (cont.) 2. LCP CHECIMIST Zo - shpul d contain (as applicable): Land Use Plan - should contain (as applicable): -Designation of public use areas in appropriate u ordinances (e.g., recreation and access areas in -Consistent policy language regarding provisions, maintenance and management access areas in commercial waterfront recreation of public shoreline access. (Policies should he compatible with other policies dealing with shoreline.facilities, natural resource 9, new develop- -Provisions for special setback requirements ir. a ment, and recreation facilities. public access areas and accessways to minimize c and for use of flexible site design to maximize -Designation of existing and proposed shoreline access areas for public use and existing and proposed public and private accessways (by type -Provisions for dedication of public access areas and ownership). 3. AGENCIES AND SOURCES OF INFORMATION -Development of alternative systems for access to shoreline areas (e.g., transit, trails, park-n-ride, bicycle routes). Local and ReRional Azencies: -Use of under-utilized existing parking areas for beach parking. -City and County parks and recreation agencies. -Special'districts, including parks and recreatio -Program for public agency acquisition, improvement, and management districts or agencies (the latter may own easeme of public access areas and accessways. zone suitable.for public access). -City/County Recorder (records will show prior de Background Information:' easements, etc., on privately owned properties). -Inventory and map of'existing shoreline access areas, including related State Agencies., facilities and access-days, shown by type (e.g.,. footpath, road, public bea,:h) and ownership. Publicly-owned areas and'accessways should be -State Departnent of Parks and Recreation. identified as to ty-pe of owner3hip (fee simple, easement, lease) and -State Attorney General's Office (regarding litig agency (state, federal, local government, public utility, special on public access, implied dedications, and mean district). -Coastal Conservancy 'State Lands Commission -Estimates of the level of usage of each shoreline access area and -State Department of Fish and Came nccessway, to include identification of areas where there is over-use -Wildlife Conservation Board or crowding or dedication without provision for use. I Federal Agencies: -Inventory of public safety concerns or'fragile resources that may restrict public access (see policies on water and marine resources, -National Park Service environmentally sensitive habitat areas, agriculture, soil resources. -U.S. Department of interior Bureau of Outdoor Re hazard areas). Water Conservation Fund) @U.S. Fish and Wildlife Service -Estimates of unmet and future demand for public access areas and -U.S. Department of Agriculture, National Forest accessways. (Unmet demand refers to areas where there is currently -U.S. Department of Defense (with respect to mili insufficient access, overcrowding, or exclusion.of the public.) portions of which may be suitable for public acc -Identification of sites and corridors suitable and necessary for new -Office of Coastal Zone Management public access and accessways. Other Sources of Information: -Identification of impediments to free public use of accessways -University of California and State University Sy (e.g., lack of parking or signing, unimproved surfaces, no stairs, etc.). to land or facilities in their ownership suitabl 7-28 B. RECREATION A14D VISITOR SERVING FACILITIES (cont B. RECRIATION,. AM VISTTOR-SERVING FA61LITTES 30212.5. Wherever appropriate and feasible, public facilities, including 2. LCP MCXLIST parking areas or facilities, shall be distributed throughout an area so as Land Use Plan - should contain (as applicable): to mitigate against the irpacts, social and otherwise, of overcrowding or overuse by the public of any single area. -Consistent policy language regarding distribut recreational opportunities, the location of su 30213. (Part) Lower cost visitor and recreational facilities... shall be pro- and cost of visitor accomodations, public acce ies, and resource protection. tected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. -Designation of shoreline areas appropriate for general uses and intensity of use (e.g., beach study/preserve). 30220. Coastal areas suited for water-oriented recredtional activities that cannot readily be provided at inland water areas shall be protected -Designation of appropriate types and intensity for such uses. water bodies (e.g., canoeing, sailing, motor b swimming 30221. Oceanfront land suitable for recreat ional use shall be protected -Designation of appropriate visitor-serving are for recreational use and dovelopment unless present and foreseeable future motelsq restaurants, service centers). demand for public or commercial recreational activities that could be accom.r.odated on the property is already adequately provided for in the area. -Designation of upland areas for non-coastal de (e.g., golf courses, playing fields), support accommodations. 30222. The use of private lands suitable for visitor-serving commercial recreational facilities desigled to enhance publi@c, opportunities for coastal -Circulation/transportation facilities program recreational shall have priority over private residential, general industrial, vehicle and pedestrian circulation to ser-ve re or general cc=ercial development, but not over agriculture or coastal- dependent industry. -If needed, program for public agency acquisit redevelopment, and management of public recrea facilities. 30223. Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible. Background Information: -Inventory and map of existing shoreline and ne 310250. (c) Visitor-serving facilities that cannot feasibly be located areas and facilities and support facilities (e in existing developed areas shall be located in existing isolated develop- harbors), classified by'type, uses and ownersh ments or at selected points of attraction of visitors. Inventory and map of existing visitor accommod inns), possibly classified by type, capacity, -Inventory of recreational uses of water bodies EX-LAXATORY NOTES (The level of usage of the facilities and acco "Visitor-serving facilities"-means public and private developments should be assessedw especially to determine ov that provide visitor acco:7odations, food, and services, including areas which apDear to beunder-utilized should hotels, motels, campgrounds, restaurants, and commercial-recrcation that may linit use, such as cost or lack of ac develop.-.ents such as shopping, eating and amusement areas for tourists. -Estimates of future demand for recreational f "Co=.ercial-recreational facilities' -means facilities serving public accommodations. recreational needs but operated for private profit, (e.g., riding stable, chartered fishing boats, tourist attractions, and amusement or marine parks). 7-29 B. RECREATION AND VISITOR SERVING FACILITIES (cont.) -Identification and evaluation of the suitability of undeveloped shore- line and and areas for: public, private and commercial recreations water-oriented activities and lower cost facilities. Suitability will depend on factors such as access (existing or potential), potential recrational uses, proposed land tenure, environmental constraints (haz- ards, sensitive habitats, agriculture), etc. ng- should contain (as applicble): -Designation and provisions for recreational facilities and related uses in appropriate use districts, including recreation, commercial, and residential districts. within commercially zoned areas specific criteria or use designations should be made for appropriate commercial recreation and visitor-serving developments. -Requirements for dedication of land and/or fees from new development to assure adequate recreational opportunities, including possible PUD or cluster zoning. AGENCIES AND SOURCES OF INFORMATION -City and County Parks and Recreation Departments -Special districts and recreations schools and utilities -Neighboring jurisdictions (regarding. extent of nearby recreational opportunities, potential for joint planning, acquisition and development of facilities -Regional Councils of Governments (regarding Regional Recreation and/or Open Space Plans) State Aencies: -State Departments and Recreation -State Department of Fish and Game -State Department of Navigation and Ocean Development (regarding boating facilities, loans and grants for same) Federal Agencies -Naticnal Park Service -U.S. Department of Defense (regarding potential recreational use of coastal property) -U.S. Department of Agriculture, National Forest Service -Bureau of Outdoor Recreation Other Sources of Information: California Outdoor Recreation Resources Plan (CORRP). California Depart- ment of Parks and Recreation (The Department prepares demand forecasts for certain public recreationa facilities on a substate region basis; these are summarized in the CORRP and may also be available in seperate planning districts reports. Contact the Planning Division of the Depart- ment for information.) -Private, non-profit land conservation groups (e.g. Nature Conservancy), foundatios, musems -University of Californiaa and State University system (these institutions maintain coastal research facilities that may be available for limited public use) 7 C. HOUSING C. HOUSING (cont.) 30213. Housing opportunities for persons of low and moderate income shall be protected, encouraged, and where feasible, -Program to protect. encourage@ and provide low- and moder provided ... New housing in the coastal zone shall be developed in housing within the coastal zone, including: housing and conformity with the standards, policies, and goals of local rehabilitation; housing subsidies; and public.housing pr housing elements.adopted in accordance with the requirements the extent funding is available. of subdivision (c) of Section 65302 of'the Government Code. Background Information: 1. EXPLANATORY NOTES -Evaluation of existing housing stock and projected need and the moderate-income housing within the coastal zone -"Low and moderate income" means a household whose income does at large, as provided in the Housing Element. not exceed 50 percent and 90 percent respectively of the median household income of the Standard Metropolitan Statistical Area -Housing Assistance Plan prepared pursuant to the Federal the jurisdiction is located in, or the county where there is and Community Development Act of 1974, if applicable. no SHSA. (U.S. Department of Housing and Urban Development.) Zoning - should contain (as applicable): (This definition may be revised to conform to that established by the State Department of Housing and Community Development in c revised Housing Element Regulations, expected in early 1977.) -Designation of existing and proposed residential areas the land use plan and housing element. -A generally accepted definition of affordable housing is that for which costs do not exceed 25% of the family gross income. -Regulation of conversion of rental units to condominiums Houning costs include ieat or mortgage payment, property taxes, insurance, heat and utilities, and maintenance and repairs. 3. AGENCIES AND SOURCES OF INFORMATION -Housing elements of local general plans =at be prepared pursuant Tocal and Regionp-1 Agencies: to reVilations promulgated by the Department of Housing and Com- munity Development. At present, the.regulations in effect are -loocal Housing Authority (plans and programs forl publicl those adopted in 1971; a substantial revision of the current housing) - regulations is underi4ay, and should be completed in early 1977. -Regional Council of Governments (COG Areawide Housing E] Housing.ele=erits have been required by state law since 1969 Share Housing Allocation Program) (Govt. Code Section 65302(c)). The Commission will seek the advice of the State Department of Housing and Community Develop- State Agencies: ment as to whether the housing element of the local jurisdiction is in conformance with state law. -State Department of Housing and Commuiity Development ance and data on plann:ng and implementing housing progi 2. LCP CHECKLIST Element Regulations) -California Housing Finance Agency (financing programs f Land Use Plan - should contain (as applicable): habilitation and construction) -Con sistenc policy language supporting the protection, encouragement, feder@l A@@encies: and provision of low-and moderate-income housing within the coastal zone. -U.S. Department of Housing and Urban Development (fin for housing rehabilitationt public housing subsidies) -Designation of areas within the coastal zone where existing low- -U.S. Economic Development Administration and moderate-cost housing should be protected. Other Sources of Infor-nnation: -Portions of the local Housing Element (if prepared seperately) related to the provision of low@and moderate-income housing in the -Private banks and other lending institutions (special p community and standards, goals and policies for new development. low interest loans for housing rehabilitation and ro-.tg -Catalog of Federal Domestic Assistance, 1975, office of and Budget, Superintendent or Documents, Government Pri Washington, D.C. 20402 7-31 D. WATER AND MARINE RESOURCES (cOnt.) D- WATER AND YARIUE RESOURCES -Appropriate designations for steep areas or critical w 30MO. Marine resources shall be maintained, prevent harmful runoff and interference with surface w enhanced, and, where feasible, restored. Special protection shall be giVen to areas and species of special -Land use designations to prevent long-term or cumulati biological or economic significance. Uses of the marine impacts on coastal water quality from non-se,6@ered deve environment shall be carried Out in a manner that will Background Information: sustain the biological productivity of ccastal waters and ing plans and programs of that will maintain healthy. populations of all species of -Inventory and review of exist marine orgamisms adequate for long-term commercial, agencies and determination of the extent of theix cont mari. e resources within the local jurisdiction. recreational, sci2ntific, and educational purposes. in 302.31. The biological productivity and the quality of -Inventory of areas and species of special biological 5 coastal wateTS, streams, wetlands, estuaries, and lakes appropriate to maintain optimurn populations of marine -Inventorl of riparian areas and issues and concerns th organisms and for the prot@ction of human health shall be maintained and, where feasible, restored through, among -Identification of existing and/or potential areas with other means, minimizing adverse effects of waste water tion,.and septic tank problems. discharges and entrainment,' controlling runoff, preventing depletion of ground water supplies and -identification of aquifer recharge areas and effects o substantial interference with surface waterflow, recharge of ground waterp including: encouraging waste water reclamation, maintaining natural vegetation bLfTer areas that protect riparian, . Determination of ground area covered by various type habitats, and minimizing alteration of natural.streams. . Assessment of impacts of such coverage on recharge 0 3OZ36. Channelizations, dams, or other substantial . Calculation of recharge depletion from previous gro alterations of rivers and streams shall incorporate the best caused by Such development. mitigation measures feasible, and be limited to (1) -Deter=ation of the cavacity of water system and, whe necessary water supply projects, (2) flood control data an water usaget supply, and other related issue 's. projects where no other method for protecting existing the impacts of proposed development on this supply. st-uctilres in the flood plain is feasible and where such protection is necessary for public safety or to protect -If water sup .piy is limited, assessment of potential fo existing development, or (3) developments where the and conservation as a means of maximizing available W4 primary function is the improvement of fish and wildlife habitat. should contain (as applicable): 1. LCP CMCKLIST -Designation of wetlands and estuaries in conservation Land Use Plan - should contain (as applicable), -Designation of buffer areas in appropriate use or ove (e.g., conservation, stream protection), with approp r -Consistent policy language that will support maintenance and enhancement standards. of marine resources, biological, and economically significant areas, and the quality of coastal waters. -Lot coverage requirement and other development standa assure water recharge and minimize runoff impacts. -Designation of conservation areas and conservation buffers where necessary for riparian and coastal areas. -Land use designations to assure that the intensity and.pattern of develop- ment are in accord with existing and projected water supply constraints, and that aquifer recharge areas are protected. 7-32 D. Water AND MARINE RESOURCES (cont.) E. DIKING, DREDGING, FILLING, AND SHORELINE STRUCTURES 2. AGENCIES AND SOURCES OF INFORMATION 30233. (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be Local and Regional Agencies: permitted in accordance with other applicable provisions -Special districts (water, sewer,etc.) of this division, where there is no feasible less -208 Planning Agency environmentally damaging alternative. and where feasible mitigation measures have been provided to State Agencies: minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and -State Department of Fish and Game coastal-dependent industrial facilities, including - State Lands Commission commercial fishing facilities. -Coastal Consevancy (2) Maintaining existing, or restoring previously -State Water Quality Control Board and Regional Water Quality Control dredged, depths in existing navigational channels, Board turning basins, vessel berthing and mooring areas, and Federal Agencies: boat launching ramps. (3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded -National Marine Fisheries Service wetland identified by the Department of Fish and Game -Office of Coastal Zone Management pursuant to subdivision (b) of Section 30411, for boating -U.S. Environmental Protection Agency (would have information on water facilities if, in conjunction with such boating facilities, a quality standards, treatment facility grants, etc.) substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland; provided, however, that in no event shall the size of the Other Sources of Information: -Sea Grant wetland area used for such boating facility, including berthing space, turning basins, necessary navigation -U.C. Marine Advisory Service greater than 25 percent of the total wetland area to be restored. (4) In open coastal waters, other than welands, including streams, estuaries, and lakes, new or expanded boating facilities. (5) 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. (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture or similar resource dependent (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 such purposes to appropriate beaches or into suitable longshore current systems. 7-33 E. DIKING, DREDING, FILLING AND SHORELINE, STRUCTURES (cont.) E. DIKING, DREDGING, FILLING AND SHORELINE STRUCTURES (cont.) (c) In addition to the other provisions Of this section, (3) Whether restoration of the wetland's natural values, including diking, filling, dredging in existing estuaries and its biological productivity and wildlife habitat features, wetlands shall maintain or enhance the functional can most feasibly be achieved and maintained in conjunction Capacity Of the wetland or estuary. Any alteration of with a boating facility or whether there are other reasible ways to achieve such values." coastal wetlands identified by the Department of Fish and Game, including but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition -Section 30607.1: "Where any dike and fill development is permitted in Priorities for the Coastal Wetlands of California", shall be wetlands in conformity with this division. mitigation measures shall limited to very minor incidental public facilities, include, at a minimum, either acquisition of equivalent areas of equal restorative measures, nature study, Commercial fishing or greater biological productivity or opening Up equivalent areas to facilities in Bodega Bay and development in already tidal action; provided, however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of developed parts of San Diego Bay, if otherwise in equivalent productive value or surface areas shall be dedicated to accordance with this division sit appropriate public agency, or such replacement site shall be pur- chased before the dike or fill development may proceed. Such miti- gation measures shall not be required for temporary or short-term fill or diking; provided that a bond or other evidence of financial 30235. Revetments,breakwaters, groins harbor responsibility is provided to assure that restoration will be accomplished channels, seawalls,cliff retaining walls and other such in the shortest feasible time." construction that alters natural shoreline processes shall be permitted when required to serve coastal dependent uses or to protect existing structures or public beaches in danger from eroision and when designed to eliminate or "Fill" means earth other substance or material, including piling placed for the purpose of erecting structures thereon, placed in a Mitigate adverse imppacts on local shoreline sand supply. submerged area. (Section 30108.2) Existing marine Structures causing water stagnation contributing to pollution problems and fishkills should be LCP CHECKLIST phased out or upgraded "where feasible Land Use Plan- should contain (as applicable): I. EXPLANATATORY NOTES -Consistent policy language regarding criteria for allowing diking, Additional Provisions of the Coastal Act., dredging, etc., and criteria for allowable coastal structures. -Section 30411(b): Department of Fish and Game, in consultation -Designation of wetlands and estuaries in open space and areas with the Commission and the Department of Navigation and Ocean Develop- adjacent to them in compatible uses. ment, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility.... A study shall include consideration of all the Background Information- following: -Inventory of (a) all estuaries in the coastal (1) Whether the wetland is so sevrely degraded and its natural zone; (b) existing and proposed shoreline structures, including revetments, processes so substantially impaired that it is not capable breakwaters, groins, harbor channels, seawalls, cliff retaining walls of recovering and maintaining a high level of biological instruction. productivity without major restoration activities. -Identification of areas where diking, dredging, filling, and disposition (2) Whether a substantial portion of the degraded wetland, but of spoils is planned. in no event less than 75 percent, can be restored and main- tained as a highly productive wetland with a -Assessment of the extent to which the activities identified above will boating facilities project. maintain, enhance, or degrade coastal waters, estuaries, etc.; alternatives and mitigation measures should be discussed. 7-34 E. DIKINC, DREDGING, FILLING AND SHORELINE STRUCTURES (cont.) 7. COMMERCIAL FISHING AIM RECREATIONAL BOATING 30224. Increased recreational boating use of coastal should contain (as applicable): waters shall be encouraged, in accordance with this .,.division, by developing dry storage areas, increasing -Designation of areas adjacent to wetlands, estuaries, and lakes in public launching facilities, providing additional berthing compatible zoning districts. space in existing harbors, limiting non-water-depenclent land uses that congest access corridors and preclude -Provision of setback from wetlands, estuaries, and lakes. boating support facilities, providing harbors of refuge, -Criteria and review procedures for dredging, diking, and filling and, by providing for new boating facilities in natural harbors, new protected Water areas, and in areas dredged projects based on standards provided by appropriate agencies and on local experience. from dry land. -Criteria and standards for construction of shoreline protection works. 30234. Facilities serving the commercial fishing and recreational boating industries shall be protected and, 3. AGENCizs AhD SOU"ACES OF INFORMATION where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer Local and Regional Agencies: exists or adequate substitute space has, been' provided. -Harbor and Port Districts Proposed recreational boating facilities shall, Where -Regional Water Quality Control Boards feasible, be designed and located in such a fashion as not -utility districts and companies to interfere With the needs of the co mmercial fishing industry. State Agencies: -State Water Quality Control Board -The State Department of Fish and Game has statutory respousiblity for protection of fish and wildlife resources. 1. LCP CHECKLIST -State Depart=ent of Navigation and Ocean Development -State Lands Commission Land Use Plan - should contain (as applicable): Federal Agencies: -Consistent policY language regarding the provision of -U.S. Army Corps of Engineers recreational boating facilities and the protection an -U.S. Bureau of Land Management ment of commercial fishing facilities. -U.S. Office of Coastal Zone Management -Designation on the land use map of existing harbors/m -U.S. Fish and Wildlife facilities and areas for expansion of existing or dev Other Sources of Information: ment of new harbor/marina facilities in appropriate 1 category. -Acquisition Priorities for the Coastal Wetlands of California, -Harbor. plans and overlay of sensitive resource areas (April, 1974) prepared by the Department of Fish and Came and the harbors. U.S. Bureau of Sport Fisheries and Wildlife. Identification of high priority wetlands for acquisition. -Prcgram for public and private acquisition, developme .-Sea Grant. maitktenance of comniercial fishing and recreational bo facilities, as needed. 7-35 G. ENVIRONMENTALLY SENSITIVE HABITAT AREAS F. COMMERCIAL FISHING AND RECREATIONAL BOATING (cont.) Background Information: -Inventory and map of ex.isting ha rbor/narina facilities 30240. (a) Environmentally sensitive habitat areas utilized for commerical fishing and/or recreational boating. shall be protected against any significant disruption of Classification of such facilities by type, number of boating habitat values, and only uses dependent on 'suc .h spaces, dry storage*areas, launching facilities, etc. resources shall be allowed within such areas.. (b) Development in areas adjacent to Assessment of existing usage and future demand for above. environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent -Review of proposed plans for expansion of existing facilities impacts-which would significantly degrade such areas, and development of new facilities. and shall be compatible with the continuance of sue -IdentificIation of suitable shoreline areas for additional habitat areas. maercial fishing facilities. recreational boating or cor Zoning - abould contain (as applicable): EXPLANATORY NOTES -Designation of existing harbors/marina facilities and areas "Environmentally sensitiveareas" means any area in which plant for expansion or development of co=ercial fishing harbors animal life or their habitats are either rare or especially valu and recreational boating marinas in appropriate use districts.. because of their special nature or role in an ecosystem and whicl be easily disturbed or degraded by human activities and develop-- -Designation of surrounding areas for uses compatible with (Coastal Act Section 30107.5), including: areas of special biol such harbors and marinas. significance as identified, by the State Water Resources Control rare ind endangered species habitat identified by the State Depa 2. AGENCIES AND SOURCES OF INFORMATION of Fish and Game; all coastal wetlands and lagoons; all marine, life, and education and research reserves;.nearshore reefs; tide Local and Regional Agencies:. sea caves; islets and offshore rocks; kelp beds; indigenous dune plant'habitats; wilderness and primitive areas. -Harbor, port and marina districts Ifuses dependent on such resources"---examples include nature edu State Aeencies: and research, hunting, fishing, and aquaculture. -State Department of Navigation and Ocean Development 2. LCP CHECKLIST -State Department of Fish and Game -State Lands Commission (with specific regard to proposed Land Use Plan - should contain (as applicable): developments in wetlands areas) Federal Azencies: -Consistent policy language regaIrd-ing protection of environments -U.S. Army Corps,of Enginee Irs _:ensitive habitat areas. I dentification of enviro=entally sensitive areas. ,-U.S. Bureau of, 'I creation -National Marine Fisheries Service -Designation of areas adjacent to environmentally sensitive habi -National Oceanic and Atmospheric Administration areas*and parks and recreation areas for compatible land uses. Other Sources of Information: -Identification of environmentally sensitive habitat areas suita for public acquisition, or for dedication in connection with dev -Sea grant activities. 3Ackground Information: -Map and 'description of environmentally sensitive habitat areas assessmen@ of sensitivity to disturbance. -Map and description of federal, state, and regional parks. 7-36 C. ENVIRONMENTALLY SENSITIVE HABITAT AREAS (Cont.) M. AGRICULTURE 30241. The maximum amount of prime agricultural Zoning - should contain (as applicable): land shall be maintained in agricultural, production to assure the protection of the areas' agricultural economy -Desig-nation of environmentally senlitive habitat areas in conservation and conflicts shall be 'minimized between agricultural districts or overlay zones with appropriate development standards and and urban land uses through all of the following-. regulations (e.g., setback requirements for development adjacent to (a) By establishing stable boundaries separating urban sens,itive areas or riparian corridors). and rural areas, including, where necessary, clearly defined buffer. areas to minimize conflicts between -Designation of areas adjacent to environmentally sensitive habitat agricultural and urban land uses. areas and parks and recreation areas in districts which provide uses compatible with the sensitive areas. (b) By limiting conversions of agricultural land around the periphery of urban areas to the lands where -Setback requirements for development adjacent to environmentally the viability of existing agricultural use isalreadyseverel) sensitive habitat areas and riparian corridors. limited by conflicts with urban uses and v.-here th( -Provisions for dedicati Ion of open space or conservation easements to conversion of the lands would complete a logical anc viable neiahborhood and contribute to the establishmen protect environmentally sensitive habitat areas. 0 of a stable limit to urban development. 3. AGENCIES AND SOURCES OF INFORMATION (c) By developing available lands not suited fo 'lands agriculture prior to the conversion of agricultural State Agencies: (d) By assuring that public service and faciliti -State Lands Co=ission expansions and nonagricultural development do no -State Coastal Conservancy impair agricultural viability, either through increasec -state Department of Parks and Recreation assessment costs or degraded air and water quality: -State Depart=ent of Fish and Game (especially, identification of rare (e) By assuring that all divisions of prime agricull'ura and endangered species habitat areas) lands, except those conversions approved pursuant t Federal Agencies: subdivision (b) of this section, and all developmen adjacent to prime agricultural lands shall not diminish th -U.S. Park Serwice productivity of such prime agricultural lands. -U.S. Forest service 30242, All other'lands suitable for agricultural us -Envirorur,ental Protection Agency shall not be converted to nonagricultural uses unless (1 -office of Coastal zone management continued or renewed agricultural use is not feasible, o -Department of Fish and Wildlife (2) such conversion would preserve prime agriculturn land or concentrate development consistent with Sectio Other sources of information: 30250, Any such permitted conversion shall b compatible with continued agricultural use o -Various environmental interest groups (e.g., Nature Conservancy, surroundin& lands. Sierra club) -Sea Grant -Public.and private university marine research stations -University of California Natural Land and Water Reserve System (Office of the vice-President for university and Student Relations, Uc Berkeley) -California Natural Areas'Coordinating Council (c/o Leslie Hood, 1505 Sabre Vista, Sonoma. CA. 94576) 7-37 H. AGRICULT .URE (coat-) H. AGRICULTURE (cont.) Background Information: 1. EXPLAMTORY NOTES -I.nventory and map of all prime and non-prime ag Prime agricultural land- (per California Government Code Section 51201 (0) means: coastal zone. (1) all land which qualifies for rating as Class I or Class 11 in the -Inventory of parcels with agricultural potentia Soil Consemation Service land use capability classifications. (by size, soil type, agricultural potential and (2) land which qualifies for rating 80 through 100 in the Storie Index -Basis for establishing urban-rural boundaries c Rating. 30231 of the Coastal Act, including information for viable agricultural use. (3) land which supports livestock used for the production. of food and fiber and which has an annual carrying capacity equivalent to at Zoning - should contain (as applicable): least one animal unit per acre as defined by the .U. S.D.A. -Appropriate zoning classifications for the long (4) land planted with fruit or nut bearing trees, vines# bushes or crops agricultural lands, including minimum parcel si which have a non-bearing period of less than five years and which agriculturally related uses. will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production -Provisions for easements and deedrestrictions not less than $200 per acre. non-prime agricultural lands. (5) land which has returned from the production of unprocessed agricultural -Designation of areas adjacent to prime and non- plant products on an annual gross value of not less than $200 in districts which allow uses compatible with a per acre for three of the.five previous years. 3. AGENCIES AND SOURCES' OF MOR14ATION Nor-Drime ae-ricultural land - other coastal agricultural lands that are now in use for crcps or grazingg or that art suitable for agriculture. Local and Regional Agencies- 2. LCP CMCKLIST -Adjacent cities and counties -Water, sewer and public utility districts i,and Use Plan - should contain (as applicable): -Local agency formation commission -County farm bureau federation -Consistent policy language regarding prime agricultural lands, stable -County agricultural commissioner boundaries separating urban and rural areas, divisions of land. State Agencies: -Designation of urban-rural botaidary line. -California Department of Conservation -Designation of prime and non-prime agricultural land to remain in -California Department of Water Resources agriculture. -California Coastal Conservancy -Designation of areas adjacent to prime and non-prime agricultural lands Federal'Agencies: for compatible land uses. Dept. of Agriculturg, Soil Conservation Service .7-38 L ft&LA" AM" kCOnC.) 2. LCP CHECKLIST 1. HAZARD AREAS Land Use Plan should contain (as applicable) -Consistent policy language regarding geologic 30253. New development shall: (1) Minimize risks tolife and property in areas of high -Designation of appropriate land use catagorie flood, fire and geologic hazards. geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and Background Information: n 'ther create nor contribute significantly to erosion, e. I . -:Information required for seismic safety. safe geologic instability, or destruction of the site or general plan. surrounding area or in any way require the construction of protective devices that would substantially alter -EstimatIas of bluff erosion rates, using old a natural landforms along bluffs and cliffs. historic map data where available. Zoning - should contain (as applicable): 1. EXPLANATORY NOTES -Design and setback requirements to assure the Geologic hazards - include the following: integrity of development on bluff and cliff a (1) seismic hazard areas delineated on fault maps as subject to -Designation of geologic, flood and fire hazar potential surface rupture onsoil maps indicating materials district(s) or overlay zones that set develop particularly prone to shaking or liquefaction, and in local regulations appropriate to,the hazard (e.g., and regional seismic safety plans; erosion and sediment control, excavation, flo (2) tsunami runup areas delineated by the U.S. Army Corps of 3.. AGENCrZES AND SOURCES OF INFORMATION Engineers 100-year recurrence maps, by other scientific or historic studies and other known areas of tsunami r Iisk; Local and Regional Agencies: (3) landslide hazard areas delineated on slope stability maps, -Flood control and water conse rvation district and in local and regional geologic or- safety plans; -Office of Emergency Services (4) bluff .and cliff areas designated as unstable (area of stability State Agencies: demonstrations generally includes base, face and top of all bluffs and cliffs, of 10 feet in height or greater measured -Office of Emergency Services -1@i. from the horizontal plane at the base of the bluff, or 50 -State Division of Mines and Geology feet from the top edge of the cliff,whichever is greater); -Seismic Safety Commission (5) beach areas subject to erosion; and Federal ARencies: (6) other geologic hazards such as expansive soils and subsidence -U.S. Department of Housing and Urban Developm areas. Program) -U.S. Geological Survey Flood h ,azard areas - those areas subject to inundation by a 100-year -U.S. Army Corps of Engineers E-ood. Other Sources of Information: Fire hazard areas - no acceptable definition in co -n use. Local planners should use the Fire Hazard Se@erity Classification System -Fau.It.Hazard Zon.es in California, State Divis developed by the state Division of Forestry. -Urban Geoio@,v Master Plan for California, Sta and Geolo&y -A Fire Hazard Severity Claz;Eificatiun Svetem State Division of Forestry -Open Scace Zoning Handbook, Assembly Select C Land 7-39 J. FORESTRY /-ND SOILS RESOLFUCES K. LoOCATING AND PrAWIING NEW DEVELOPI-194T 30244. Where development would adversely impact 30243. The long-term productivity of soils and archaeological or paleontological resources as i@entified timberlands shall be protectcd,and conversions of coastal by the State Historic Preservati.on Officer, reasonable corrunercial brribeflands in units of commercial size to mitigation ihea'sures shall be required. other uses or their division into units of noncommercial 30250. (a) 'New development, except as otherwise ize shall be limited to providing for necessary timber provided in this division, shall be located within, 11 pro@essing and related facilities. contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant aiverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for ngricultural uses, outside existing developed areas shall be permitted only where The explanatory notesq LCP ch6cklist, and listing of agencies and 50 percent of the usable parcels in the area ha@e been developed and the created parcels would be no smaller sources of information for this policy group are not included in this than the average@.@ize of surrounding parcels. draft because of revisions currently being made in the forestry regulations. 30252. The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities. %vithin or adjoining residential development or in other areas that will 'minimize the use of coastal access roads, (3) providing, nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving ' the development with public transportation, (5) assuring the potential forpublic transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of. development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development. 30253 NDI DEVELOPME:47 SIL@LL: (3) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board as to each particular development. (4) Minimize energy consumption and vehicle miles travelled. 302-55. Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided clsewherc in (his division. coastal-dependent developments shall not be sited in a wetland. 7-40 X. LOCATING AIM PLANNING NEW DEVELOMENT (cont.) K. LOCATING AND PLA:T4ING NEW DEVELOPMENT (cont.) packground Information- 1. EXPI.AXATORY NOTES -Data and analysis that documents the adequacy of sewe roads systems to accomodate the pattern and intensity "Dev-lonr@ent"-neanst on land, in or under water, the'placement or under the proposed land use plan. creation of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; .-Inventory of known archaeological and paleontological grading, reniov,=,, dredging, mining, or extraction of any materials . Zoning - should contain (as applicable): change in the de;Lty or intensity of use of land, including, but not 1L-ated to, subdivision pursuant to the Subdivision Map Act (commencing Designation of existing development areas and areas p with Section 66-410 of the Government Code), and any other division of development in appropriate zoning districts consisten land, including lot splits, except where the land division is brought use plan (including provisions for planned unit devel about in ccn@nection with the purchase of such land by a public agency appropriate). for public recreational use; change in the intensity of use of waterg or of access thereto; constructionj reconstruction, demolition, or -Regulations for the provision of alternative transpor alteration of the size of any structure, including any facility of any non-automotive circulation, minimal curb-cutting, on- private, public, or municipal utility; and the removal or harvesting and recreational and commercial facilities. as part of of major vegetation other than for agricultural purposes, kelp harvestingt and tijrber operations which are in accordance with a timber harvesting -Provisions for dedications or in-lieu fees for recrea plan submitted p=suant to the provisions of the Z'berg-Nejedly Forest space to accompany new development. Practice Act of 1973 (commencing with Section 4511). 3. AGENCIES AND SOURCES OF INFORMATION As used in this sect-lont "structure" includes, but is not limited tog any bui.1d:L-Z, road, pipe, flume, conduit, siphon, aqueduct, telephone Local and Reeional Agencies: line, and electrical power transmission and distribution line. (Public Resources Code Section 30106) -Adjacent cities and counties -Local transit districts and operators "Coastal decendent develooment or use"-means any development or use -Water and sewer districts (service system capacities) which recuixes a s-Ite on, or U3`acent to, the sea to be able to function -Local Air Pollution Control Difstrict at all (doastal Act Section 30101). These include fishing, aquaculture, -Local Agency Formation Commission (Spheres of Influen and port facilities, extraction of coastal minerals (e.g., sand and off- and special districts) shore petroleum), tanker terminals, boatworks, shipyards and marinas* -Local Transportation Planning Agency -Council of Governments 2. LCP ChTCKLIST State Agencies: LAnd Use Plan - should contain (as applicable): -State Department of Transportation -Consistent policy language regarding@ the pattern, intensity, phasing -Coastal Conservancy of new development, the provision of services and facilities in con- -Office of Planning and Research -State Historic Preservation officer junction w1th new development, coastal dependent development, and archaeological and paleontological resources. Federal Agencies, -Designation of areas for residential development in appropriate use -Department of Housing and Urban Development districts consistent with the policies, including consideration of -Bureau of Outdoor Recreation public works facilities capacities (i.e., water, sewers, and roads). -Designation of areas for non-residenti al development (including Other Sources of Information: coastal-dependent development) in appropriate use districts, including consideration of public works facilities capacities (i.e., water, -Collaborative Land-Use Planning for the Coastal Zone sewers, and roads). Sea Grant, University of California, Berkeley. -National Recreation and Park Association, 1601 N. Ken Arlington, VA. 22209 (Standards for the provision of open space). 7-41 L. COASTAL VISUAL RESOURCES (cont.) L. COASTAL VISUAL RFSOURCES A11D SPECIAL MOMITIES (5) areas that provide a diversity of coastal hou tunities, particularly for low and moderate i and the elderly; and 30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public (6) areas within walking distance of a beach with importance. Permitted development shall be sited and 20 per cent of all parcels in either small sc designed to protect views to and along,the ocean and motel or beach-oriented commercial uses. (Ca scenic coastal areas, to minimize the alteration of natural Coastal Plan, p. 78) land forms, to be visually compatible with the character Highly .Scenic Areas - generally include: of surrounding areas, and, where fea5ible, to restore and enhance visual quality in visually degraded areas. New (1) landscape Preservation projects designated by development in highly scenic areas such 2S those Department of Parks and Recreation in the Cal designated in the California Coastline Preservation and Coastline Preservation and Recreation Plan; Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be (2) open areas identified as being of particular subordinate to the character of its setting. contrast to urbanization, in preserving natur and significant vegetation, in providing aitr tions between natural and urbanized areas or space; and 30253 NEW DEVELOPMENT SHALL: (3) scenic areas and historical districts designs (5) Where appropriate, protect special commun .ities and counties and neighborhoods which, because of. their upique char ac 1, eristics, *are pop6lar visitor destination points for 2. LCP,CHECKLIST recreational uses. Land Use Plan - should contain (as applicable): -Consistent policy language regarding protection of coa quality, highly scenic coastal areas, special communit neighborhoods. 1. EXPLANATORY NOTES -Identification of highly scenic coastal areas and spec communities and iieighborhoods. Special Co=unities and Neighborhoods include the following: (1) areas characterized by a particular cultural, historical, -Land use designations that will protect scenic and vis or architectural heritage and continuity that is distinctive of coastal areas and the unique characteristics of cam in the coastal zone; neighborhoods. (2) areas presently recognized as importantvisitor destination -Landmark registry programs such as the National Regist . centers on the coastline; Sites to preserve individual historic sites. (3) areas with small scale and limited automobile traffic 1ackground Information: providing opportunities for pedestrian and bicycle access, for visitors to the coast; - -Criteria used for designation of highly scenic coastal (4) areas having a physical scale consistent with and comple-, special communities and neighborhoods. mentary to coastal land forms or having a particular physical coherence that adds to the visual attractiveness of the coast... COASTAL VISUAL RESOURCES Zoning should contain (as applicable): 30254, New or expanded public works facilities shall be designed and limited needs -Review existing zoning classifications and establish new ones where generated by development or uses perted consistent necessary to ensure the protection of highly scenic resource with provisions of this division; provided, however, areas and special communities and neighborhoods. that it is the intent of the Legislature that State Highway Design review criteria and standards to ensure that new development Rout 1 in rural areas of the coastal zone remain a scenic shall be visually compatible with existing natural features and two-lane road, Special districts shall not be formed or terrain, and with special values and character of the community expanded where assessment for, and provision of, he service would not induce new development -Sign regulations to ensure that signs and billboards will not degrade inconsistant with this division. Where existing or planned public works can accommodate only a limited amount of new development, services to -Grading and filling regulations to minimize alterations of natural coastal-dependent land use, essential public services and landforms basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recrestion adn visitor-serving land uses shall not be precluded by other development. AGENCIES AND SOURCES OF INFORMATION -coastal Conservancy -office of Planning and Research NOTES -Department of Parks and Recreation -State Historic Preservation Officer. "Public Works" - means the following (Public Resources Code 30114: Other Sources-of Information: -Historic Preservation Element Guidelines Office of Planning and (a) All production, storage, transmission adn recovery facilities for water, sewerage, telephone, and other similar utilities Research, September, 1976 owned or operated by any public agency or by any utility subject -Collaborative Land-Use- Planning for the Coastal zone Volumes I to the Jurisdiction of the Public Utilities Commission, except for energy facilities, and II, Sea Grant, University of California, Berkeley. -California Coastline Recreation and Preservation Plan, Department (b) All public transportation facilities, including streets, roads, of Parka and Recreation highways, public parking lots and structures, ports, harbors airports, railroads, and mass transit facilities, For pur- bridges, trolley wires, related facilities, For pur- poses of this division, neither the Ports of Huenema, Long Beach, Los Angeles nor San Diego Unified Port District nor any of the developments within these ports shall be considered public works. to) All publicly financed recreational facilities and any development by a special district. 7-43 K. PUBLIC WORKS (tout.) m. PUBLIC WORKS (cont.) Transoortation System (Within and providing access to th zone) "SMeCiAl d13triCt" means any public agency other than a local government *Existing and proposed state highways and local roads : defined in this chapter, formed pursuant to general law or special coastal zone (map) 3ct for the local performance of governmental or proprietary functions *Existing and proposed transit lines and terminals (m within limited boundaries. "Special district" includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, *Existing and proposed capacity of above formed for t1he puxr@cse of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting *State and locally desig@aated scenic highways with sp that area. (Public Resources Code 030118) identification of two-lane portions of Highway I (ma *Allocation of remainder of existing capacity and pla 2. LCP CH_rCKLIST to various planned uses within the coait-al zone @Land Use Plan - should contain (as applicable): Public Parking Faciliti leg -consistent policy language regarding new or expanded public works *Existing and proposed public parking lots and struct facilities and priorities for allocation of remaining service capacity among land uses within the coastal zone. *Number of spaces and level of usage by area -Designation of appropriate land use categaries for public works facilities. *Identification of areas used for on-street parking -Designation of areas.in appropriate land use categories consistent with Other Transportation Facilities - Description and map remaining and planned water, sewer and road capacities. and proposed facilities (harbors, ports, airports, rai and terminals). -Allocation of portion of existing and proposed@public. service-wyatem capacities needed to serve non-residents (i.e., visitors to the coast). Special Districts - Description and map of existing sp boundaries and proposed expansions (for all districts -Program for the phasing and funding of public works facilities required or partly within coastal zone). by the level and Pattern of proposed development. Communit X C:R:91:s - Description and map of existing a Background Information: community c facilities. -Inventory of existing and proposed public works systems and special should contain (as applicable): districts: -Designation of appropriate land use districts for pubi Water and Sewerage-Facilities (All districts or services areas lying facilities wholly or partly within coastal zone) *District or service area boundaries (map) -Designation of planned land uses in appropriate land u consistent with public works (primarily water, sewer, *Existing and proposed treatment and storage facilities and major capacity constraints identified above) trunk lines (map) 3. AGENCIES AND SOURCES OF INFORMATION *Existing and proposed capacity of above (annual and peak load) Local and Regional Agencies: *Existing safe annual yield/assured annual supplyfor water sources -City and County public works , street and highway depa *Level of existing usage and remaining capacity (annual and peak -Sewer districts and agencies load) -water districts and agencies -Transit districts and agencies *Allocation of remainder of existing capacity and planned capacity -Public utilities to various planned uses within the coastal zone -Community College Districts -Local Agency Formation Commission 7-44 M. PUBLIC WORKS (cont.) N. 114OUSTRIAL DEVELONIENT AQ ENEPGY FACILITIES 30260. Coastal-dependent'industrial facilities 'shall be State Agencies: encouraged to locate or expand within existing sites and -State Depart=ent of TransportatiOn shall be permitted rea.sonable long-term growth where -State Water Resources Department consistent with this division.'However, where new or expanded coastal-dependent industrial facilities cannot Federal Agencies: feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in :-Environmental PrOter-tiOn Agency accordance wth this section and Sections 30261 and 30262 if (1) alternative locations are infeasible or mote Other SouTces of Information: environmen tally damaging; (2) to do otherwise would adversely affect the public welfare; and (3) adverse -collaborative Land Use Planning for the Coastal zone$ S el Grant environmental effects are mitigated to the maximum University of californiat Berkeley extent feasible. (b) Where feasible, new hazardous industrial (fevelopment shall be located away from existing developed areas. 30261. (a) Multicompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible, except where to do so would result in increased tanker operations and associated onshore development incompatible wiih 'the land use and environmental goals for the area. New tanker terminals outside,of existing terminal areas shall be situated as to avoid risk to environmentally scrisitive areas and shall use a monobuoy system, unless an alternative type of svstern can be shown to be environmen tall v preferable for a specific site. Tanker facilities shall @e designed to (1) minimize the total volume of oil spilled, (2) minimize the risk of collision from movem6nt of other vessels, (3) have ready Access to the most effective feasible containment and recovery equipment for oilspills, and (4) have onshore deballisting a facilities to receive any fouled ballast water from t, nkers where operationally or legally required. (b) Only one liquefied natural ga@ terminal shall be permitted in the coastal zone until engineering and operational practices can eliminate anysignificant risk to life due to accident or until guaranteed supplies of liquefied natural gas and distribution system dependence on liquefied natural gas are substantial enough that an interrup - gle liquefied natural gas tion of service from a sin. facility would cause substantial public harm. Until the risks inherent in liquefied natural gai terminal operations can.be sufficiently identified and overcome and such terminals are found to be consistent with the health and sufety of nearby human populations, 7-45 (erminais snu,i oe ouilt omy at sites remote from I)nman population , concentrations. Other unrelated 30263. @a) New or expanded refineries or devc1opment in the vicinity of a liquefied natural gas petrochemical facilities not otherwise consistent with the term:nal site which is remote from human population provisions of this division shall be permitted if (1) concentrations shall be prohibited, At such time as alternative locations. are not feasible or are more liquefied natural gas marine terminal operations are environmentally damaging; (2) adverse environmental found consistent with public safety, terminal sites only in effects are mitigated to the maximum extent feasible; (3). developed or industrialized port areas may be approved. it is found that not permitting such development would adversely affect the public welfare; (4) the facility is not 3026Z. Oil and gas development shall be permitted in located in a highly scenic or seisinically hazardous area, accordance with Section 30260, if the following conditions on any of the Channel Islands, or within or contiguous to are met: environmentally sensitive areas; and (3) the facility is (a) The development is performed safely and, sited so as to provide a sufficient buffer area @o minimize consistent with the geologic conditions of the well site. adverse impacts on surrounding property. (b) New or expanded facilities related to such . (b) In addi.tion to meeting all applicable air quality development are c 'onsolidated, to the maximum extent standards, new or,expanded refineries or petrochernical feasible and legally permissible, unless consolidation will faci!ities shall be permitted in areas designated as air have adverse environmental consequences and will not quality maintenance areas by the State Air Resources significantly reduce the number of producing wells, Board- and in areas where coastal resources would be s ii support facilities, of sites required to produce the Ldversely affected only if the negative impacts of the reservoir econcmic3lly and with minimal environmental project upon air -quality are offset by reductions in impact.. gpseous emissions in the area by the users of the fuels, or, (c) Environmentally safe and' feasible subsea in the case of an expansion of an existing site, total site completions are used when drilling platforms or islands emission levels, and site levels for each emission type for would substantially degrade coastal visual qualities unless which national or state ambient air quality standards use of such structures will result in substantially less have been establish--d do not increase. environmental risks. (d) Platforms or islands will not be si'ted where a (c) 'Nc%v or expa 'nded refineries or petrochemical substantial hazard to vessel traffic might result fi@orn the facilities shall minimize the need for once-through facility or related operations, determined in consultation cooling by using air cooling* to the maximum extent with the United States Coast Guard and the Army Corps 'feasible and by using treated waste waters from inplant of Engineers. processes where feasible. (e) Such development will not cause or contribute to subsidence hazards unless it is determined that adequate 30264. Notwithstanding any other provision of this measures will be undertaken to prevent damage from division, except subdivisions (b) and (c) of Section 30413, such subsidence. new or expanded thermal electric generating plants may (f) With respect to nc%v facilities, all oilficld brines are be constructed in'the coastal zone if the proposed coastal reinjected into oil-producing zones unless the Division of site.has b.cen determined by the State Energy Resources Oil and Cis of the Department of Conservation determines to do so would adversely affect production of Conservation and Development Cominissiorl to have greater relative merit pursuant to the provisions of the reservoirs and unless injection into other subsurface Section 25516.1 than available alternative sites and zones will reduce environmental risks. Exceptions to related facilities for.an applicant's service are 'a which reinjections will be granted consistent with the Ocean have been determined to be acceptable pursuaritto the Waters Discharge Plan of the State Water Resources provisions of Section 25.516. Control Board and where adequate provision is iTude for the elimination of petroleum odors and water quality 30232. Protection against the spillage of crude oil. gas, problems. petroleum products, or hazardous substances shall be Where appropriate, monitoring programs to record provided in relation to .any development or land surface and near-shore ocean floor movements shall transportation of such materials. Effective containment be initiated in locations of new large-scale fluid extraction -1 on land or near shore before operations begin and shall and cleanup Faciiities and procedures shall be provid.ed continue until surface conditions have stabilized. Costs of ror accidental spills that. do occur. monitoring and mitigation programs shall be borne by liquid and gas extraction operators. 7-46 N. INDUSTRIAL DEVELOPMENT AND ENERGY FACILITIES (cont.) N- MUSTRIAL DEVELOPMENT AND ENERGY FACILITIES (co .nt. EXPLA.11ATORY NOTES 2.. LCP CHECKLIST Additional Provisions of theCoastal Act- Land Use Plan - should contain (as applicable): Section 30501(c) of the Coastal Act provides that the Commission's -Consistent policy ianguage regarding the expansion procedures for LC? preparation shall include: of coastal dependent industrial facilities, multi- ,existing facilities, the location of hazardous ind "Recommended uses that are of more than local importance that ment, and the expansion and location of non-coasta should be considered in the preparation of local coastal. industrial development. programs. Such uses may be listed generally or the commission may, from time to time, recommend specific uses.for consider- -Designation of appropriate land usereategories for ation by any local government." and energy facilities. Such uses may include energy facilities. It is expected that these -Designation of compatible land use categories adja recommendations will be done on a specific basis, fro= time to time, facilities and hazardous industrial sites. in cooperation with local governments and other involved agencies. Section 30413(b) and (c) of the Coastal Act provides for designation Background Information: by the Co=ission of "specific locations within the coastal zone -Map and description of existing coastal dependerit where the location of [new thermal electric generating plants3 would prevent the achievement of the objectives of" the.Coastal -Map and description of existing energy facilities Act, based on detailed findings. The designations are to be made by coastal zone. January 1, 1978, and can be revised and updated every two years thereafter. The Energy Commission may not approve a ne,.k power plant -Inventory of industrial and energy facility, expans within those designated locations. 'proposals by new industries or utilities companies ment within the coastal zone. Coastal Energy Imoact Program: -Assessment of the environmental, economic and acce Section 308 of the Federal Coastal Zone Management Act of 1972 estab- industrial and energy facility development proposa lishes a coastal energy impact program which "shall consist of the provision of financial assistance to meet the needs of coastal states 12ELinL- should contain (as applicable): and locAl goverrtments in such states resulting from specified activities involving energy development." (See. 308(a)(1)) -Designation of existing,'a nd proposed industrial an uses in appropriate land'use districts'. Such assistance includes: grants for ".the study of, planning for, development of, and carrying out of projects and programs ... which -Deiignation of areas adjacent to existing and pr Iop are necessary... to provide new or improved.public facilties and sites and energy facilities in compatible use dist public services which are required as a direct result of new or expanded outer continental shelf energy activity" (Sec. 308(b)(4)(B)); -Project review procedures for major industrial and grants for "the prevention, reduction, or amelioration of any unavoid- able loss...of any valuable environmental or recreational resource" 3. AGENCIES AND SOuRCES or INFORMATION resulting from coastal energy activity (Sec. 308(0(4)(C@; guarantees and loans for "providing new or improved public facilities or public Local and Regional Agencies: services ... which are required as a result of a coastal energy act- ivity", and grants to meet loans or guarantees if such indebtedness results from such improved public facilties or public services. -Air Pollution Control Districts (Section 308(d)). -Port districts -Regional Water Quality Control Board The Coastal Commission and the Office of Planning and Research are currently preparing procedures to administer the Coastal Energy Impact Prograw, and to make funds available for affected local governments. coordinated with the LCP planning. 7-47 N. INDUSTRIAL DEVELOMIENT AND EN14RGY FACILITIES (coat.) State Agencies- -Energy Resource and Conservation Commission - thermal power plants -Public Utilities Commission -Division of Oil and Gas - oil, gas, and geothermal wells -State Lands Commission - all terminals, peers, pipelines, other improvements on state tide and submerged lands -Department of Fish and Game. -Air Resources Control Board -Department of Navigation and Ocean Development Federal Agencies: -U.S. Navy -U.S. Coast Guard - all navigation, vessel traffic, tanker operations. -Army Corps of Engineers - dredging, harbor works, all improvements on federal submerged lands. -Department of Defense -U.S. Bureau of Land Management - offshore oil and gas development. -Maritime Administration -Interstate Commerce Commission - interstate commerce, common carrier pipalines. -Federal Power Commission -Federal En'erg7 Administration -Nuclear Regulatory Commission -Department of Interior -Energy Research and Development Administration 7-48 CALIFORNIA COASTAL COMMISSION CHAPTER 8 IMPLEMENTATION PLANS 1540 Market Street, San Francisco 94102-(415-557-1001 Subchapter 1. LOCAL COASTAL PROGRAMS January 27,.1977 Article 1. Scope of Chapter Section 00010. Scope of Chapter. This chapter is promulgated pursuant to TO; REVIEWERS OF LOCAL COASTAL PROGRAM REGULATIONS Chapter 6 of the Califormia Coastal Act of 1976 and shall govern the preparation, FROM: JOSEPH E. BODIVITZ, EXECUTIVE DIRECTOR, STATE COMMISSION submission, review, certification and amendment of local coastal programs and the procedures governing developments appealable to the commission following the implementation of a certified local coastal program. SUBJECT:DRAFT LOCAL COASTAL PROGRAM REGULATIONS Enclosed is a draft of proposed regulations to govern the submission, review Article 2. Common Methodology for Preparation and of and cerification of local coastal programs. This draft is now being cir- Determination of Scope of Local Coastal Programs culated to all local governments in the coastal zone to state agencies and to interested persons. The starutory deadline for intial adoption of these regulations is April, 1977 and our current intent is to hold the first Section 00020.Preparation of Local Coastal Programs - Public Participation public hearing on the draft regulations at the first state commission meeting and Public Agency Coordenation Procedures. in March, with adoption at the second March meeting. Prior to submitting a proposed schedule for regional commission review Because local coastal programs are extremely important under the California Coastal Act of 1976, we urge all reviewers to examine the draft regulations pursuant to Section 00031 -each local goverment shall address the re quirements of Public Resources Code, Sections 30503 and 30504 by adopting as soon as possible, so we can work on revisions without delay. It ;would be very helpful if you could transmit any proposed revisions to us by the end of February so that we can make the best use of commission hearing procedures for providing maximum opportunities for the participation of the time in March. Written comments with proposed alternative language would be particularly helpful. public and all affected governmental agencies in the preparation of the local We will provide notice to all interested parties of the specific time and coastal program. These procedures shall be submitted to the executive director location of any public hearing locations through our standard meeting notice procedures. of the commission and the regional commission for review and comment and shall be considered in tIhe determination of the schedule for processing the local coastal program. Pursuant to the provisions of Public Resources Code, Sec 30501 (a), the local goverment public participation procedures to be followed in the preparation program shall include, but not be limitied to the following: (a) Specific procedures for providing maximum opportunities for public participation in the preparation and review of the local coastal pro including making information and proposed Plans and regulations available to the public in advance of public hearing(s) on the local coastal program and the methods by which public comment shall be received and reflected in the documents submitted for regional commission review. 7-49 (b) Specific procedures for providing information to and considering (a) Uoing current general plan and zoning des Comments from. local governments contiguous with the area that is the subject shall make a preliminary assessment bf the potentia@ of the local coastal program and local governments that could be directly -and intensity of development currently allowable by affected by the provisions of the local coastal program. resources and on public access to the coast. A aim: (a) Specific procedures for involving state agencies in the of the potential impact of developments proposed by preparation of the local coas .tal program. In the case of state agencies that special district, state agency or public utility thi- have the authority to under-take developments, th .ese procedures shall include the government through the public participation procedtu methods by which proposed state agency developments shall be considered for All substantial conflicts between presently allowab possible inclusion in the local coastal program. In the case of state Monts and the policies of Chapter 3 of the Califorw agencies that have regulatory authority, these procedures shall include the identified and set forth as coastal planning,issues methods by which the local goverment shall consider in its local coastal that are to be addressed in the local coastal progr program any applicable environmental protection plans and policies of state (b) After identifying coastal planning issues regulatory agencies. specific geographic area to be governed by the loca to the offices of the commis (d) Specific procedures for involving special districts in the government shall submit/a work program designed to preparation of the local coastal program including the methods to be used for issues. Within thirty (30)'-days of receiving the p considering special district development plans submitted pursuant to Public director of the commission and of the applicable re Resources Code, Section 30504. comments regarding the scope of the work program to (e) Specific procedures for reviewing specific development plans of a preliminary commission review provided in Section po-t or harbor district, proposed pursuant to Public Resources Code, Section so requested by the local goverment. 30519(b), for possible inclusion in the local coastal program and for considering (c) After receipt of the executive director's the plans and development proposals of, a port governing body that elects to shall attempt to resolve potential conflicts bel@wee [Port master Plan regulations] submit an area designated pursuant to Section 9/of these regulations as the California Coastal Actof 1976 and allowable and part of a local coastal program rather than in conjunction with a port master (1) The existing and proposed capacities of pul plan. water supply systems, sewage treatment systems and Section 00021. Determination of the ScoDe-of a Local Coastal Program. Pursuant public recreation facilities shall be ascertained. to the provisions of Public Resources Code, Section 70501(a), the following intensity of development that can be accommodated b) shall be the common methodology for determining the scope of local coastal these public service systems and the projected demar programs, unless the executive director of the commission determines that an service systems by persons other than local resident alternative methodology approved by the commission may be employed in specific If the road, sewer, water or recreational use systex instances: the kinds, intensity and location of development ass T-50 approvals of the amount and location of such services shall be identified. V..ere the application of the policies of Chapter 3 of the Coastal Act of 1976 would determine development priorities for specific area reqaire li=its Or conditiors a.s to the amount, timing or location of public service -increases or reductions should occur, a Ind indicate ex;xansion,an aral7s:LS shall be made to determine what portion of public service and protect specific coastal resources areas and coast and pattern of development recommended for the Ice recreational capacity must be reserved for the use of the general Public- (2) After the analysis of the public a ervice systems has been completedp the requires the phasing of public service or recreati policies of.Chapter 3 of the California Coastal Act Of 1976 that apply to specific consistent with .the requirements of the California astal access .concerns relating to the area measures for funding and implementing public ser Coastal resources and to specific CO gover.ned by the local coastal Program Ishould be applied to determine the kinds, location should be specifically ident .ified. and intensity ofland and water uses that would be .in conformity with the policies (e) The level and .pattern of development sel of the Act. The identification of appropriate kinds and location of land and water government shall be reflected in a land use plan, in uses shall involve the consideration of recommended uses of more than local importance zoning district maps and/other implementing action listed by the commission, pursuant to Section ooo4o, shall include specific Provisions Pursuant to Public Resources C Iodes Section 30502 for priority uses set forth in the Policies of Chapter 3 of the California Coastal Act of a locIal coastal program shall include measures of IT,6, and shall reflect the provisions of the Public access component of the local 'ith the policies of Chapter 3 of the California C coaStal program required by Public Resources Code, Section 30500- once the appropriate extend to the authority granted by the planning lx f !a-nd and water uses are determined, appropriate intensities California,to the general governmental authority i kinds and location o of use can be determined based on the foregoing Policy considerations and on Public police power and to the authority to control or pr coastal resources of the state. The land use plan service syste= capacities. (3) Ln order to comply with the requirements of the California Environmental coastal program shall include a statement of appli California Coastal Act, alternative development patterns, if there protection policies and those elements of a genera Quality Act and the are more'than one, that conform with and are adequate to carry out the policies of Codes Section 65301 - 65303 and 6556o-65567, with Chapter 3 of the Coastal Act shall then be examined and assessed. Taking into account setting forth objectives, principles, standards an the public service system concerns andthe Iland and water use designations determined of such'elements are capable of carrying out the po as prov-ided subsections (a) and (b), the various sets of alternatives identified for California Coastal Act of 1976. particular coastal development issues in specific geographic areas should be analyzed The policies, objectives, principles, standar an to the potential adverse cuumlative impacts on coastal r Iesources and coastal forth in the land use plan shall, be reflected in z access in order to provide a factual basis for comparison of local Plan alternatives anO Qistriet mapst andi where a sensitive coastal reso the choice of a particular level and pattern of development. These alternatives shall als made pursuant to Public Resources Code, Section 30 actions. The scope of measures contained in the z 7-51 maps shall extend to the authority granted by the planning laws of California including Goverrment Code, Sections 65B5o-65862 and 65910-65912; where applicable and Any such commission advisor7 review is intended t necessary to carry out the policies and provisions of an approved land use plan, a IOA-I. coastal program but shall be advisor7 only .'hese measures may include; .,-=lu3lve use zones, overlay zones, final decisi on by the commission . as to,the confora conditionally permitted uses based on certain findings, sign and/or design with Coastal Act,policies. controls, landscaping and grading regulations, hazard or geologic review re- Article 3. Schedule for Processing. quiremerts, open space and lot coverage standards, minimum lot sizes, density Section 00030. Commission Schedule for Reviewinz or timing of development standards based on public service capacities and To the maximum extent practicable, the commission recreational use needs and any other similar ordinances within the scope review schedules shall provide for consideration a of zoning measures. The scope of measures for designated sensitive areas shall proposed local programs for areas that have coasta include the i=plementing attions necessary to conform with the requirements of beyond one jurisdiction . (e. coastal road acce Public Resources Code, Sections 30a,02(c) as applied to the particular area. facilities) or that have common types of coastal p Section 00022. Staff and C =.-Ission Rcview of Local. Government Preoaration Procedures and addition, in order to Promote public participation, Prcoosed Sici@, of Local Coastal Program. During the preparation of local coastal program regional commissions shall, to the maximum extent 1 review procedures and the determination of the scope of the local coastal program, hearings on proposed local coastal programs within a local gover-=ent shall to the extent possible coordinate with and be assisted and regional co.-.-Lission affected area. by commission/6taff in resolving issues as to conformity and sufficiency in Section 00031. Re5ional Commission Guidelines-for meeting the requirements of the California C oastal Act of 1976. The executive Within twenty (20) days of the adoption of the regu director of the co=ission may frat time to time give informal opinions on such of coastal Programs, each regional commission shall s 'issues, based on staff interpretations /the commission guidelines issued Commission review schedule to the commission for re pursuant to Section 00050 and decisions of tile commission that are schedule shall be based on I (a) each local governale precedents pursuant to Public Resources Code, Section 30625(c). it intends to submit the land use plan and zoning i A local government shall be entitled, at a minimum, to one prelim inary and whether it intends to submit the local coastal review by the commission of its proposed local coastal program, prior to formal Jurisdiction in the coastal zone or fo .r separate ge sutmittal. The procedures for conducting the informal review shall be the and adequacy of the public participation procedures sare as those-Bet forth in S .ection governing the informal review of Section 00020 ; (c) the scope, adequacy and comple urban exclusion requests. Such review shall be consolidated with any commission Program submitted pursuant to Section 00021(b) ; (d revi.ew of dra.ft environmental document a as provided in Section 00170. local coastal program to other jurisdictions within 7-52 (a) the Scheduling requirements resulting from the policy of attempting to hold the to comply with the request and, after ccnsultatio, regional cc=aission hearing in or as close as possible to the city or county sub- 0f theIappropriate regional commission and with rep E-dtting a local coastal program. Within twenty (20) days of receiving all proposed iocal govermment, shall make the necessary change(s regional cc"-=4-s.sion schedules, the executive director of the commission shall local coastal Program review schedule. Upon the co establish an overall regional commission review schedule that to the extent practicable. aspects of the loca I coastal program, the executive meets regional co:mmission needs while complying fully with the requirements of commission shall submit the Proposed local coastal Section 00030. The executive director of the commission may modify the regional for review pursuant to Public Resources Code, Secti co=iss-icn review schedule, from time to time, consistent with the scheduling re- -30512, 30513 and.30519(b). quirements of the California Coastal Act of 1976 and of this section. Article 4. Uses of Regional and S Section OC032. Preparaiion of Local Coastal Program for Separate Geographic Units. Section 0oo4o. Recommended Uses of More than Local Pursuant to the requirements of Pu .blic Resources Code,'Section 30511(c), a local commission may establish categories of uses o r .speq goverT=ent wishing to submit its local coastal program in separate geographic units that should be considered in the Preparation and re consisting of less than the local government's jurisdict4on lying within the coastal The commission or the executive direc Itor of the cou. zorle shall first file a request with the ecimmission that it bepermitted to do so. authorization'may also recommend specific uses to b Within 30 days of the receipt of such a request and after ccnsultation with the local government. Article 5. Infornration. Guideline executive director of the commission shall recommend in writing whether the request Section 00050. Materials Required for Re c!w of a is c-msistent with the findings required by Public Resources Code, Section 30511(c). local governments in de of assisting- termi.,ing info pursuant to the requirements Of PLblic Resources Co If the cc=mission determines by majority vote of appointed members after a properly Commission shall publ :a I h and disseminate to all Joe noticed public hearing that the request is consistent with Public Resources Code, 2.one and to all interested persons a Iset of draft Section 30511(c), the executive director of the commission shall so notify the local assist local govermments in determining the type an government and shall make any necessary change in the overall local coastal program the materials necessary to meet the requirements review schedule. Coastal Act Of 1976. The guidelines shall be based Secticn 00033. CoTr--dssion P Ireparation of a Local Coastal Program. Any local government ments the commission determines to be necessary to requesting that the comnission prepare a local coastal program or a portion review of a local coastal program for purposes of thereof shall do so by appropriate resolution of the city council or board of conformity with the Policies of the California Coas supervisors and shall transmit said resolution to the commission not later than Public Resources Code, Sections 30512 and 30513. 1 July 1, 1977. Upon the receipt of such a request the executive director I where Practicable, requirements, the guidelines shall/establish basic i of the co=nission shall determine the staff requir .ements necessary ;he Public access component specified in Public Res The ccMmission shalit after Public hearing on the d and disseminate final guidelines to all local goverr. 7-53 Article 6 State and Fedieral Fur.Hnr for the P-,@eoaration of Local Coas-al ProzrnmZ Section 00061. Work Program Review. (a) A work progr Section 00060. Submission of Work ProiKram. This. Section shall governstate the commission for funding for the preparation of a loca and federal funding that is made available to the commission for disbursement be reviewed to determine (1) whether the scope of tasks to local government for the preparation of local coastal programs, adequately the policies of Chapter 3 of the California C In addition to any requirements deemed necessary'by the executive director of the including uses of more than local importance, and potent other jurisdictions; (2) which tasks may be contracted f coardasion, by the agency with the authority for making the funds available to local gover=ents as differentiated from tasks which may the co=mission or by an atpropriate agency of the State of California, any under other statutes or may more appropriately be unde corttract for the disbursement of such funds must be based on a,work program. -d (3) the' adequacy of methods proposed for involving Such a work program shall include the following: completion of its review9 the commission shall determine (1) an evaluation of any potential conflicts between the kinds, location, available on the basis of the aforementioned criteria ar funding available. and intensity of land uses currently allowable within the coastal zone of the Article 7. Submission of Local Coastal P local jurisdiction and any developments proposed for the area and the policies Section 00070. Local Government Notice of Comnletion. of Chapter 3 of the California Coastal Act of 1976; or any portion thereof, shall be accepted for filing by (2) an evaluation of the sufficiency of information contained in existing or the commission only if the local coastal program is local plans and regulations and of additional information required for a Notice of Completion in the form of a resolution adopted thorou&h and complete review of measures necessary to resolve any conflicts provisions of Public Resources Codeq Section 30510(a). with the Coastal Act; is submitted in two phases or for separate geographic un (3) an outline of the tasks required to bring local plans, zoning, and, mission'of a Notice of Completion shall be required for if required, other implementing ordinances into conformance with the Coastal geographic area. Act policies; (b) A local government may submit its proposed local. (4) the methods proposed for involving the public and affected agencies (1) as a program that will take effect automatically upo and districts in the local coastal program process, pursuant to Section 00020 or commission approval or (2) as a program that will re and adoption after regional commission or commission approva (5) the format, pursuant to Section 00071 , and schedule, pursuant.to is followed, the local coastal program submittal shall i Section OC031 , proposed for submitting local coastal program documents to a draft Environmental Impact Report that reflects revisi the regional cormassion and corudssion. the time for public comment has passed and that contains Any work program submitted pursuant to Section 00021(b) may be submitted for public comments as required by the California Environmen pr-.-koses of this section, provided that it contains the above information. 7-5A environmental review Oocuments may be integrated into the local coastal Program (d) A listing of the zoning documents that Vill b as provided by Section 00172 and as allowed by guidelines issued pursuant, to the portion of the local coastal program (unless submitte California Environmental Quality Act. Under either of the alternative prucedures, the requirements of Section 00140 must be fulfilled following cirtification of land use plan); and a listing of an Iyother implementir that are intended to be carried out, and a timetable the local coastal program. local government to achieve the goals and policies of Public Resources Code, Section 00071. Contents of Notice of Comoletion. Pursuant to60510(b) the Section 00072, Review of F4-1!nR. A local Notice of Co=pletion shall include: with all necessary attachments and ex)iibits, shall be (a) A sur--jarY of the measures taken to provide*the public and affected agencies having been received and found by the executive diree and districts ziaximuo OPpoz-turiitY to participate in the local coastal program commission to be in proper ordsT and legally adequate process, pursuant to Public Resources Code, Section 30503; a listing of members of Resources, Code, Section 30516(b). Said 'review shall the public, organizations, and agencies contacted for comment on the local coastal reasonable time, but unless there are unusual circumst program; copies of significant comments received and/or summaries thereof, the working days after the date it is received in the comm local government response to the coments.obtained from the public and from normal working hours. The executive director shall c agencies (these material may be set forth in a draft or final EIR as provided in, stamp to be affixed to all local coastal program submi Sections 00070 and 00171, and reasonably complete minutes of any hearing(s) held so received and a stamp of the date of submittal on th pursuant to Public Resources Code, Sections 30503 and 30510(a). be properly submitted. If the executive director dete (b) All information, statements, drawings, maps, photographs, and supple- submitted are not sufficient to satisfy the requireme= mentar,j data, in accordance with the guidelines established by the commission that Code, Section 305W(b), the executive director shall are in sufficient detail.to allow review for conformity with the requirements government specific written comments regarding the ina of the California Coastal Act of 1976. Written documents should, wherever I within the aforementioned 10 wqr4iu4 days. If the loc possible, be in 8-1/2 x 11 or 8 x 1011 format. Land use maps shall be at a Properly submitted, the executi.ve director -shall immedi scale sufficiently detailed to show clearly the land use designations applicable governmIent that submitted the Notice of Completion-sAd to each parcel and shall to the exient possible be correlated with andiat a thought to be interested in the local coastal progrwp. comparable scale to resource information and other mapped data. Wherever tba executive director and the local government as to i possible, scales of of are recommended for all maps. may be resolved by the regional commission. (c)- Where it is determined that an Environmental Impact Report is required Article 8. Alternative Hearing for all or any portion of the local coa3tal progrann, any such Environmental Section 00080. Hearing Alternatives. If a local coast Impact Report documents as provided in Sections 00172 , environmental review in two Phases, Pursuant to Public Resources Code, Secti. documents may be intearated int.,, the local coastal proCram materials. 7-55 reviewed in the manner set forth in Sections 00090 00133. If a local coastal program is submitted at one time pursuant to Public Resources Code, Section 30511(a), Impact Report(s). Staff comments shall also be include the time requirements for regional commission and commission action shall be the (1) questions of fact (2) the applicable policies of th of the coastal SILIM of the time requirements for the review of a two phase local coastal program; of 1976 as they apply to the geographic area/Lneluded w hearing procedures and findings shall be the same as those required in Sections Program (3) prior decisions by the commission on relate 00090-00133. local coastal programs (4) important policy issues rais Section 00081. Direct Commission Review. If the commission determines to review program (5) public comment received on the local coast a loeal-coastal program directly without pr-jor regional commission review relevant matters. The staff-comments shall be clearly pursuant to Public Resources Code, Section 30333.5, the time requirements and from the description of the proposed land use plan itse hearing procedures for ac-mmission action shall be the same as those applicable to a tentative staff recommendation as to whether the land regional cozzmission review in Sections 00090-00114 and 00130. approved or denied. If a tentative staff recommendatia Article 9. Hearing Procedures for Review of Proposed Land Use application summary, it shall conform to the requiremen Plans of Local Coastal Programs The executive director shall also include in the si=ar Section 00090. Hearing Schedule. No public hearing on the land use plan of a analysis of the local coastal program that the submitti ,local coastal program shall be held by a regional commission sooner than the requests be included in the summary; provided, however, 21st day nor later than the 60th day following the day on which the land use analysis shall be readily'reproducible at a reasonable plan was properly submitted. All dates for puolic hearing shall be set with a Section 00092. Notice, The executive director shall, view toward allowing thorough public dissemination of the information contained provide to the local government and to all persons know in the land use plan of the local coastal program prior to the time of the hearing, director to have a particular interest in the applicati and toward allowing full public participation and attendance at the meeting. consist of the following: (a) a brief description of th Section OCC91. Siz=a-y of the Land Use Plan. The executive director shall prepare plan (b) the date, time and place at which the land use and reproduce a summary of the land use plan of the local coastal program including the regional commission; (c) the general procedure of t any relevant attachments and exhibits. The summary shall be brief and shall concerning hearings and action on land use plans; and fairly present the essential features of the plan with a reasonable degree of in goeordance with Sectior 00091. The lind use plan specificity. The summary shall be adequately illustrated with maps or Itrib%4ted by mailing to all commissionersp to the local dra-Lngs and shall contain relevant portions of any Environmental citiesand counties, and to all other public agencies, who have so requested or who are thought by the executi 7-S6 Section 00t)96. Withdrawal of Land Use Plan or Postuone Use Plan. . . r to have a particular interest in the land use plan, within a reasonable time to (a) The local government may withdraw its submiss assure adequate notification prior to the scheduled public hearing. at any time up to the commencement of the calling of th Section 00093. Yistribution -of Publi-c Conn-ents. The executive director shall portion of the land use plan. Upon making such a reque reproduce and distribute to all members of the regional commission the . text the land use plan shall be considered withdrawn and r or summary of all r .elevant comnunications concern ing the land use plan that are consideration. Resubmission of the land usei plan shall received .in the regional cormis 'sion office Prior to the commission's public regional commission detervines that the land use plan c hearing and thereafter at any time Prior to the vote. When a sizable. number of adversely affecting the review of' other land use plans similar cc=zunications is received, the texts need not be reproduced but the (b) The local govermment or any interested party regional commission shall be informed of the substance of the communications; sucb. of regional commission action on the land use plan at co=a=dcations shall be made available at the regional conimission office for commencement of the calling of the roll for a vote on inspection by any persons during normal working hours. plan. The regional commission may grant such request Section 00094. Conduct of Initial Oral Hearing. At the time of the initial ponement, will not unduly hinder the participation of t] hearing on the land use .plan of the local coastal program, the executive director of the commission and would not result in the action 0 ofthe regional commission shall make a brief Oral presentation to the regional taking place after the 90-day time limit specified in comission., Immediately following the presentation of the executive director, a Section 30512 unless the local government waives representative or representatives of the ideal government may make a presentation by the regional commission within such 90-day limit. of the major features of the local coastal program to the regional commission. Section 00097 Amendment of Land Use Plan Prior t Upon the conclusion of the local gover=ent presentationp interested members of If the local goverment amends its land use plan after the pub.lie may co=ent.on the proposed local coastal program The chairperson pursuant to Public Resources Code I, Sectinn 30510 of the regional commission shall establish predetermined time limits for all commencement of the calling of the roll for a vote on presentations and shall notify all interested parties of such time limits in plan, the exemtive director of the regional commissi advance of the hearing. such amendment is material and includes changes that Section 00095. Continued Hearings. ordinarily, -the taki@ig of oral testimoro of public review and comment before the commission. on a local coastal program will be completed in one regional commission .meeting. material or ha .ve been the subject of adequate public. However, the regional commission may vote to- continue the hear-ing to a .subsequeni, hearing, the regional commission shall consider such meeting if in its opinion there exist compelling circumstances for doing so. a on it rather than the master plan as initially submit directo@ or the comission finds that the amendment i rratter of the proposed amendment was not revi 7_57 public hearing, the vote on the land use plan shall be continued until after subsection (a), and may report to the regional commissi a public hearing on the amended land use plan; such hearing shall be scheduled with such requestg including the relationship of the re no less than 21 days nor later than ___ 45 days from the submission of the findings required by the California Coastal Act of 1976 amendment. If the next public hearing would occur after the expiration of the Section 10101. Pinal Staff Recommendation. The execul uLnety (90) day review period set forth in Public Resources Code, Section 30512, recommendation shall set forth specific writte. n finding and the local government does not agree `in wr;LtJjlg to extend the review period, the of facts.and legal conclusions, as to whether the propo regional coc:mission shall proceed to vote on the land use plan as originally to the requirements of the California Coastal Act of 197 submitted. limited to, the requirements of Public Resources Code, S Article 10. Land Use Plan - Staff Reccmmendation and Pindings The proposed findings shall include any terms and condil Section 00100. Staff Analysis. (a) If the vote on a land use plan is the local coastal program into compliance with the Cali scheduled for a later meeting than the oral hearing on the application, the 1976, and any additional documentation, governmental so executive director shall promptly perform whatever inquiries, investigations, activity necessary to carr7 out the commission's decisi research conferences, and discussions are required to resolve issues presented by recommendation shall also relate the proposed findings the land use plan and to enable preparation of a staff recommendation for the commission that, pursuant to the provisions of Public Re vote. If further information is taken or received by the executive director, 30625(c) constitute precedents regarding the issues rais it shall be made available in the administrative record of the plan. The staff recomendation shall include any questio application at the commission's office and all affected parties shall be given answered by the applicant or by interested parties and a reasonable opportunity to respond prior to the deadline for the preparation and recommendation that the regional commission take a fielt mailing of the staff recommendation. New information shall be accepted by the any proposed project when the executive director judges executive director up to the time t .he regional commission determines by resolution materially assist in understanding and voting on the app to be a reasonable deadline for staff review of Linformation. Such deadline shall recommendation shall be written. be a date after the oral public hearing and before the regional commission vote Section 00102. Comments on Staff Recommentation. (a) that will allow a reasonable time for the staff to prepare the staff report and :the executive director's presentation of his or her rec reco=endation required by Section_IDIQI.. The .public hearing on the land representative or representatives, of the local governme use plan shall be deemed closed as of the deadline date unless the regional public shall have an equal opportunity to state their vi commission deiermines, prior to the vote, to re-open the'hearing. The chairperson of the commission may establish predete (b) The executive director@ may request of the local government any such p,resentation. The local government representatives additional information necessary to perform the responsibilities set forth in respond to questions raised by the commission. 7-58 Section 00111 Straw Votes. The regional comadssion ma (b) If the representative(s) of the local government states that he any question when in the chairperson's opinion this will f or she is not prepared to state his or her views on the recommendation of the land use plan. but desires such an opportunity, the vote of the regional commission Section 00112 Voting Procedure. shall not be taken until the next regularly'scheduled meeting and (a) Voting upon the land use plan shall be by -11 ca until after the local government has had an opporturii@y to state such person being p6lled last. views; provided, however, that if the next regularly scheduled meeting of (b) Members may vote "yes" or "no" or may abstain f the commission would be more than ninety (90) days after the filing (c) Any member may change his or her vote prior to t of the local coastal program application, the commission shall not been announced by the chairperson, but not thereafter. Postpone the vote on the land use plan unless the local government section 00112 Voting by Members Absent from Hearing. waives the requirement of Public Resources Codep Section 30512(a), vote on a land Use plan provided he or she has familiarize Article ll-.- . Voti,& Procedure.. and Requirements herself with the presentation it the hearing where the lan Section 0011 . Effect of Vote-Under Various Conditions. (a) votes considered,and with the presentation at the hearing where by a cc-ission shall only be on the affirmative question of whether was considered, and with pertinent materials relating. to t] the land use plan should be certified; i.e., a "yes" vote shall be submitted to the commission and has so declared prior to t) to a-mrove a land use plan (with or without conditions) and a "no" the absence of a challenge raised by an interested party, vote to deny. failure to make such a declaration prior@ to the vote shall W Any condition to.a land use plan proposed by a commissioner the vote of a member. shall be voted upon only by affirmative vote. A majority of members Section 00113. Regional Commission Action and Findings. present is sufficient to carry a motion to reqidre or delete Proposed land use plan component of a local coastal program by a re terms, conditions or findings. shall be by majority vote of appointed members and shall b (c) Unless otherwise specified at the time of the vote, the specific written findings that the proposed development is action taken shall be deemed to.have been taken on the basis of the with the pro-isions of the California Coastal Act of 1976 reasons set forth in the staff recommendation. In other words, if factual findings supporting the following legal conclusion consistent with the staff reco=eridation and not otherwise modifiedt (a) that the land use plan meets the requiremen the vote of the regional comnission shall be deemed to adopt the findings in conformity with Chapter 3 of the California Coastal Ac.t and conclusions recommended by, the staff. 7-59 (b) that the land use plan contains the specific public access component as required by Public Resources Code, Section 30500(a). (b) Within five (5) working days of the approval o executive director of the regional commission shall tr (c) that the land use plan is consistent with any applicable decisions a copy of the findings adopted by the regional comniss of the co=mission that are State precedents for regional commission or local commission file on the land use plan. government actions pursuant to Public Resources Code, Section 30625(c), (d) that the land use plan is consistent with the requirements of the ,California Environmental Quality Act and any regulations issued pursuant Article 12. - Conrission Review of Land Us thereto.I Section 00120. Commission De ter-.anation of Substanti 21 days nor more than 45 days af ter a land use plan h or appealed to the commission, the executive directo Section 00114. Regional Commission Decision on Land Use Plan. shall prepare and distribute a summary staff report i (a) Within ten (10) working days of the denial of a land use plan, in in Sectiom 00091-00092Zhe sun-nari shall Include a re whole or in part, the executive director of the regional commission shall specific provisions of the land use plan raise a sulis transmit to the local government a written explanation of the reasons for the conformity with the policies of Chapter 3 of the Cali de.-daland may suggest ways in which the land use plan can be brought into 1976- Following the close of a public. hearing conduc conformance with the requirements of the California Coastal Act of 1976. Where requirements of Section 00094 1 tfie commission shal the regional commission disapproves all or a portion of a land use plan, a substantial issue as provided in Public Resources Cod local government may elect either to resubmit a modified land use plan pursuant to the procedures set forth in Section or it may appeal the 5ection 00121, Cornission Action on a Land Use Plan. decision of the regional commission to the commission. Such appeal commission finds no substantial issue, it shall. conduc shall be made in writing and shall be received at the commission's office specific, provisions of the land use plan that it has within ten (10) working days of the regional commission's action. Where substantial issue as to conformity with the policies the regional commission approves the land use plan in part and disapproves California Coastal Act of 19716. The hearing may be c it in part, the local government may request the state commission to delay meeting at which substant@al issue is determined or a review of the approved portion of the land@use plan until such time as Commission and staff review procedures, including sta the regional commission has reviewed any modifications of the disapprovea Preparation of a staff - recommendation shall be the sar Portion. Sections 00094 -001116 Final ection shall be taken w receipt 'of the land use plan. 7-60 (b) If the co=mission, by a majority vote of appointed members, ma kes the findings required by Public Resources Code, Section 30512(e), it hall- certify the Iand use plan, in whole or in part. Certification of the land reasons for its action. The local use plan component of a local coastal program shall be based on specific rejected zoning ordinance map or iz7,-:.@_enting ac findings and any conditions necessary to support the findings as provided commission for action in the same =a=er as prov in Section 10101. may appeal to the commission. No a@r-,-_;on of the If the commission refuses certification, in whole or in part, the become effective until thirty (30) days have ela executive dirictor shall within ten (10) working days, send a detailed action or until after ninety (90) daYs have el written explanation of the commission's action to the affected local government zoning ordinance(s) without any f1na.1 action be and to the regional commission. If a local government wishes to resubmit a commission. if an appeal is filed 7irsuant to S modified land use plan following such a disapproval, it may do so 21 or commission review is undertaken pur3ltant to Sect more days following the commission's action provided,.howevert that the commission regional commission action shall be stayed pen shall schedule a hearing on such modified land use plan for a time that will not commission. interfere with the review o .f other land use plans previously scheduled. Section 00131. Appeal to the C01=1:3,3ion. Any Article 13. Review of Zoning Ordinances. Zoning any aggrieved person may, within ten (10) workir District Mans .and Other Dazdementing Actions commission action$ or its failure to act. All a Section COI@,O; Regional Cormission Review and Action. Regional commission review of zoning ordinances, zoning district maps and other implementing actions Resources Code, Section 30513(b) and (c) shall I shall take place in the same manzier as provided for the review of land use ion 30513(d) on a by Public Resources Codet Sect' plans as set forth in ISection provided however that regional commission public by.the executive director'of the commiss shall reject such aspects of a local coastal program if it finds by a majority notify the affected,local governmont and all in' vote of appointed members that said ordinance(s), map(s), or other implementing valid appeal ii working days of the receipt of a action(s) do not conform with or are inadequate to carry out the provisions of in Section 00092. The commission may refuse to the ce--tified land use plan as provided in Public Resources Code Section public hearing the commission detormines that t 30513(a). If any zoning ordinance, map or implementing action is issue as to conformity of the zoning or impl eme rejected by,the regional commission, it shall within ten (10) working days certified land use plan. of its action transmit to the local government a specific statement of the 7-61 to the local gover7=ent that submitted the local cc applicable regional commission, to a@w other ager Direct Cormission Review. In the absence of an appeal certification and to any interested person(s). The pursuant to Section 00131, and within 30 days of a regional commission coastal program shall not be deemed final and effect action or'failure to act pursuant to Section 30513(a) of the Public Resources following occur: Code, the executive director shall prepare and present to the commission at (a) The local government with jurisdiction over a public hearing a report comparable to that required by Section 00091. the certified locA coastal program, by action of it Imediately upon the close of the public hearing the commission shall admowledges receipt of the commission's resolution determine whether a substantial issue is presented as to conformity of a any terms or conditions wh:Lcn may have been required zoning ordinance(s), zoning district map (a) or other implementing, to final certification. action (s) with the certified,land use plan for the affected area. If (b) 'The local govermment described in subsection the commission determines that a substantial issue has been presented, the action of its governing body, accepts and agrees to regional commission's action shall be stayed pending final action by the state and shall be if any, to which the certification has been made s all interested parties / notified to this effect as provided in Section (e) The executive director Iof the commission det Section 00133. Comni3sion Action. Within 60 days of the receipt of an local government's resolution is legally adequate appeal pursuant to Section 00131 or within 30 days of the commission's certification order and that the notification proce determination of substantial issue pursuant to Section 00132 the commission Section[ Article 16- appeals after certification]sa shall take action as provided by Public Resources Code Section 30513(f). iinY set forth in the regional commission or commission's If the commission rejects / zoning ordinance(s), zoning district Section 00141. Effect of Fifial Certification. Ce map(s) or other implementing action(s), the executive director of the program pursuant to Section 00140 results in the del cornission shall provide a written explanation and allow for local of coastal development permit authority over those d gover,=ent revisions in the same manner as provided in Section 00121. Public Resources Code, Section 30519 for the area go for land use plans. local coastal program. No develo Article 14. Effect of Certification of a Local Coastal Pro@ram the certification order may take place unless the or S,ectticn 00144a. Effective Date of Certification of a Local Coastal Program, developments proposed for the area governed by the c After the adoption of findings certifying a local coastal program, the program, shall be subject to the requirements of Pub Section 30603 and Section [Article 16-appeals after executive director of the commission shall transmit copies of such findings these regulations. 7-62 Article 15 Amendments to Local Coastal Program (a) The executive director shall review such what comments should be made on behalf of the commi such comments to the local government. (d) The commission, at its discretion, may ho Article 16. Appeals after Certification- environmental document submitted and direct the sta comments, or to obtain whatever additional informa appropriate. If the draft environmental impact rel Article 17. Environmental ImDact Review conjunction with the informal advisory review proc Local Coastal Programs -Section 00022, the draft environmental documents Section 00170. Review and Comments on Draft Environmental Domments for a Local Coastal Proz-am together with the proposed local coastal program as (a) Any local government intending to submit a local coastal program the commission shall hold a hearing on the draft er at one time pursuant to the procedure set forth in Public as at the same time as the advisory review hoaring Resources Code, Section 30511(a) shall submit any initial environmental study, Section. If a request for review of a draft enviro Draft anircmmental Impact Report,.or Draft Negative Declaration concerning the document and a tentative local coastal program is r local coastal program to the offices of the commission and the review shall be considered by the commission as a appropriate regional commission as soon as practicable after such are in the event the commission later determines wheth prepared. of local coastal program consideration from any re (b) Any local government intending to submit a local coastal program in two for direct consideration pursuant to Public Resour phases pursuant to and according to the procedure set forth in Public 30333-5. Resources Code, Section 30511 (b) shall submit any initial environmental studyp Section 001@1. Effect of Comments and Prelimirag Draft Environmental Impact Report, or Draft Negative Declaration or any Comments on environmental documents submitted by t environmental analysis prepared in conjunction with a proposed general plan executive director are intended to aid the local g@ amencl=ent that may be substituted for an Environmental Impact Report as paring adequate environmental documents. They do provided in guidelines issued pursuant to the California Ehvironmental action the c ission may take with regard to cert Quality Act concerning its land use plan to the executive director of the- preclude the commission from requiring additional commission and regional comm issions as soon as practicable after such are in the course of the review process. prepared. 7-6-@ Section 0011,,2. Submission of Environmental Imoact' Report Negative Declaration. After the time for public comment on the draft Environmental Impact Report or Negative Declaration has passed and the responses to public comment have been incorporated in the environmental documents pursuant to the requirements of the California Environmental Quality Act, the local.government shall submit the draft Report or Declaration together with the local coastal program as provided in Section '00070 . For purposes oi this section and to avoid unnecessary duplicationsthe Environmental Impact Report and local coastal program may be submitted as a single document, when such single document meets the substantive and procedural requirements of both the California Coastal Act of 1976 and the California Environmental Q)iality Act. Any public hearing on an Environmental Impact Report or Negative Declaration shall be combined with a'hearing on the local coastal program. 7-64 ATTACHMENT A Articles published in newspapers, journals, and other documents con- cerning the California Coastal Management Program. Note, this attachment is not bound into this document,, but has been made availa- ble to all coastal county libra- ries and central offices within Federal agencies. Attachment A is available upon request from the Office of Coastal Zone Management. ATTACHMENT B EXCERPT FROM: "Governing California's Coast" ATTACMENT B Excerpt taken from: Scott, S., Barusch, P., and Huth, 0., "Governing California's Coast," Chapter II, Institute of Governmental Studies, U. of California, Berkeley, 1975. SUWAkRY AND CONCLUSION A New Decision Process Proposition 20 gave California a respectaible start in establishing a process of planning, identifying interests and values affecting the coast, trying to reconcile conflicting objectives, and -rendering public decisions on the protection and allocation of coastal resources. Performance Evaluation Evaluation of the commissions' performance depends on the backgrounds and standards of the evaluators. Accordingly one finds a wide spectrum of opinion on specific coastal commission policies and actions. In general, however, the commissions appear to be receiving strong support, and their work so far is favorably viewed by most observers. On the other hand., a number of criticisms are voiced. Both favorable comments and criticisms are sampled in this chapter. Comments on'the State Commission The state commission got favorable comment on at least four points, including: (1) the "mix" of commission appointments, with members from a variety of areas, jurisdictions and backgrounds, (2) the environmental orientation of the commission, and a record of decisions in accord with the goals of Proposition 20, (3) the effectiveness of commission procedures and decision processes, - and (4) the balance of the preliminary plan in attempting to deal with a wide range of controversial issues, while also looking to the interests of coastal conservation. On the other hand, the state commission has drawn critical comment from observers who see it as: (1) showing too much concern with conservation, and bias against development, housing and other uses of the coast, (2) adopting excessively lenient policies on coastal development, (3) giving inadequate consideration to the economic impact of coastal regulation, (4) not paying sufficient attention to the needs of the shipping industry, (S) opposing earlyleasing for further offshore oil drilling, and (6) urging that nuclear power plants not be placed on the coast. Some Useful Perspectives on Coastal Planning Much of the coastal debate has been on a high level, the basic policy issues being explored thoroughly, fairly and publicly. But a number of questionable or limited viewpoints have also been given currency, and deserve attention. Accordingly several relevant perspectives and comments are outlined to help the reader redress the balance and draw his own conclusions. 1. The coastal commissions were created to stop coastal destruction. In effect, Proposition 20 directed them to give preeminent attention to coastal preservation, atleast until the plan has been considered by the Legislature. 2. It is misleading to argue that economic growth and environmental protection are mutually exclusive. Instead of "either-or" alternatives, accommodation of a variety of goals should be sought, including both economic development and environmental preservation. Prudent and compre- hensive planning measures should make it possible to maintain desirable growth levels without unacceptable environmental change. 3. What happens on California's coast will not determine the supply of jobs or housing, eitherstatewide or nationally. National goals of prosperity, employment and housing will be achieved through national and international policies that reach far beyond California's coast. 4. Trying to solve economic problems through lenient policies on coastal development is likely to prove both ineffective and destructive. The -resulting ecological damage would bring economic losses and cause serious environmental degradation. Moreover a damaged, polluted environment will be costly to clean up. B-i S. NJeasures to stop environmental damage before it occurs can provide employment and stimulate economic activity. One labor spokesman comments that "pollution control would provide lots of jobs." Moreover Federal and state funding for other important enterprises--such as housing construction and public transportation--could provide large numbers of jobs, while also helping reduce the nation's huge list of unmdt domestic needs. 6. Finally, it is argued that both business and labor will be better served by a good coastal plan than by lenient policies. A coastal plan with reasonably definitive guidelines, and backed by an expeditious hearing process, could remove many of the uncertainties and time lags. that often harrass businessmen and developers, slowing projects and escalating costs. Essential State Commission Roles: Planmaking and Permit Review Observers' generally favorable assessment of coastal governance is based substantially on the role and policies of the state commission. The commission provides a comprehensive perspective and a form for statewide policy. Its permit-review process introduces wider considerations that local government or the regional commissions might otherwise ignore. Accordingly, the commission has and should continue to have a prime role in developing and validating coastal plans, revising them as changed conditions or policies warrant, and ultimately in enforcement. In short, the need for a.statewide policymaking role and for a policing function argue powerfully for the state commission's continuation. The Regional Commissions There is strong support for continuing the regional commissions in some form. They are seen as crucial to the visibility and public accessibility'that characterize coastal governance. Without regional commissions, it is hard to see how a state-level body could (1) give adequate opportunity for community participation, (2) allow for regional differences in the state plan,-and (3) effec- tively monitor local governments' performance. Despite support noted for the regional concept, the performance of some regional commissions is criticized, especially by conservationists. In particular, several regional commissions have given evidence of being, and were seen by most observers as being either substantially pro- development, or unsympathetic to the aims of Proposition 20. Because local appointees appear'to be the principal sources of these leanings, the appointive role of local governments drew fire. Accordingly some observers suggest that local governmental appointments should be reduced in number or eliminated. Similarly, some conservationists believe that persons unsympathetic to the objectives of Proposition 20--yegardless of who appoints them--should not sit on the commissions at all. The question is posed: "Haw can someon e enforce a law he doesn't believe in?" Other observers, oriented more favorably to the interests of the private sector, urge the value of having some commission members.who are sympathetic to "the needs and dictates of the market- place." They see such members as providing a balance to the pro-conservation policies of Proposition 20. In any event, many observers point out that a number of regional commission members have shifted their policies appreciably as they have gained experience, becoming more receptive to the views of their fellow commissioners, and perhaps more understanding of the basic goals of Proposition 20. The Planning Process The planning process is the crux of the.entire coastal zone effort. At this writing, four principal conclusions are suggested with respect to the'planning process and its implementation: 1. Proposition 20 has introduced a new kind and new level of planning. it provided a public forum charged with working out consistent state and regional policies for the coast, and conferred interim state-regional police power over-land use changes in the coastal zone. This accomplish- ment will almost certainly befollowed by the development of still further and more comprehensive planning processes. In time, these processes presumably will deal with environmental protection, future land use, natural resource conservation and development, plus a wide range of other human and economic values. 2. Proposition 20 embodies conservationist goals both implicitly and explicitly. Thus the coastal plan is virtually required to emphasize preservation and conservation, especially of natural areas. Accordingly the coastal plan is justified in treating further irreversible changes with great caution, and in attempting to minimize additional harm to the coastal environment. B-2 Moreover, if additional injury cannot be avoided entirely it is appropriate to concentrate further damage in as few places as possible. Other essential objectives of the emerging coastal plan include the difficult dual goal of increasing public access to the coast, while also protect- ing the environment against pressures caused by large numbers of people. 3. The coastal plan must combine policy planning (1harrative writing"), and precise mapping. The balance between the two will be difficult to work out to the satisfaction of all. Those who seek certainty and predictability prefer concrete and precisely mapped plans. But the entire coast obviously cannot be mapped precisely "all at once.11 Accordingly it may be years before substantial portions of the coast are precisely planned and zoned, and much of it (e.g. the natural areas) may never be.- On the other hand, the coastal plan must recognize the need for concreteness and clarity, especially in those areas under greatest developmental pressure, such as the urbanized coast and its vicinity. This will also take time . The act of translating general policies and narrative into explicit statements andprecise maps is an integral part of the planning process, requiring skilled staff drafting efforts and successful negotiations. The latter is essential, because precise plans cannot be drawn until all the significant policy issues have been resolved. 4. Recent court cases appear to support the implementation of plans through strong measures limiting the uses of private property. Accordingly, the coastal commissions should explore plan implementation through regulation, without extensive purchase. Except where purchase is considered essential for reasons of equity, policy, or law, it may be feasible to implement much of the coastal plan through land-use controls, tax measures, aid to coastal agriculture, and perhaps several incentive programs. On the other hand, outright purchase or acquisition of easements may be essential to create new state parks along the coast, or to establish a public land bank of coastal properties. Purchase or payment of compensation may also be necessary in specific cases to avoid undue hardship. But buying coastal properties or paying compensation primarily to guarantee the success of speculative ventures in coastal land--or to guarantee "risk" capital against losses--would be questionable, especially when the proposed developments would contravene the coastal plan. Hearings and the Permit Process The permit power and permit review have been reasonably effective, and are essential to coastal plan implementation. The permit review examines facts and opinions, and helps clarify the i -ssues that must be faced in coastal planning. Open hearings have enabled all interested parties, includ- ing "the public," to present their views and recommendations. Accordingly the permit process has crucial functions in planning and civic participation, as well as policy implementation through regulation. Suggated changez: imit@ting &eview,6, and zetting pucedent6. Two suggested changes would strengthen the state commission's role in the review process. First, the state commission should be authorized'to initiate reviews of regional permit decisions. At present, the state commission must wait for an interested group or party to appeal a regional permit decision. Second, there should be a clearer understanding, perhaps aided by appropriate language in the law, that regional commissions and local governments-should treat state-level decisions as precedents. As things stand, regional commissions have sometimes persisted in.a line of decisions, despite having already been overruled in similar cases. Expediting p&oceduAez. Delay caused by permit review and hearing processes seriously concerns many students and critics of governmental regulation. Accordingly several ways of expediting procedures ought to be considered, while bearing in mind the prudent counsel that, in contro- versial matters, "there is no substitute . . . for exhaustive hearings." Several expediting ifieasures are outlined here: 1. Future staffing at higher levels is one way to deal with a heavy workload. In addition, simplified hearing processes, delegating many or all of the initial permit reviews to hearing officers may be a workable solution. 2. Another form of delegation would shift most permit processing to local governments, subject@to adequate monitoring for compliance with the coastal plan. Employing either or both kinds of delegation would help the state and regional commissions to focus attention on the major issues of coastal planning, and to concentrate hearing activity on important test cases. B-3 3. Holding concurrent hearings is another way of expediting procedures., It would require much closer coordination among the many agencies processing permit applications, allowing most of the review work.to be done at me time, rather than in separate and successive hearings. 4. Special staff help for private individuals applying for permits seems highly desirable. Because most citizens do not have the staff resources that co-rporate applicants enjoy, assistance is needed "to help ordinary people" through the permit application and review process. S. Coastal commission business makes substantial time demands on the members. Perhaps work pressures will decline after the coastal plan has been formulated and some of the landmrk decisions made. Part of the workload could be alleviated by delegating activities to staff or hearing officers, suggested above. Other approaches would be full-time commissions, or part-time commis- sions whose members are paid compensation that is commensurate with the demands on their time. On the other hand, as Chapter III emphasizes, there are definite advantages to the present coastal- commission formula, using part-time, non-expert citizen members. The a66iAmative vote tequi&ement. Under Proposition 20 a permit must receive an affirmative vote by a majority of the total authorized membership of a coastal commission. A permit getting fewer votes is denied. Moreover specific actions with a direct environmental impact must be approved 'by an affirmative vote by two-thirds of the total authorized membership. Requiring affirmative majorities means that the presumption is against change and against develop- ment, rather than for it. Some observers view this as particularly appropriate for irreversible environmental changes: they see it as a safeguard against hasty decisions to do.things that cannot be undone. Others findthe requirement a heavy, perhaps even unfair burden on coastal property owners and potential developers: they see it as "government by minority." But it should be emphasized that affirmative majorities of at least one-half, and sometimes of ti@o-thirds, are quite common. They are standard -requirements in California's principal legis- lative bodies: city councils, county boards of supervis-ors, and both houses of the state Legis- lature. Commission Experience: An Educational Process Coastal commission experience has helped educate commissioners, staff, interested groups and the public. Commication and information flow appear to be reasonably effective, and the commis- sioners have learned from the process. The "openness" of the commissions, and the many hearings, workshops and study sessions have helped interested parties inform themselves on matters under consideration. One suggested improvement would provide additional expert assistance for commissioners and the public. It would be helpful to have an on-call pool of staff members or consultants available to advise commission members and interested citizens on coastal issues and related technical matters. Visibility and Citizens' Participation High public visibility is one of the coastal (@ommissionslmost widely applauded characteristics. This is a powerful asset, attributable partly to the composition and structure of the commissions, as well as to the style of the leadership and staff. In addition, alert and vigilant participation by "coast-watchers" and a variety of citizens' groups has contributed to the conmdssions' visibility and air of openness. But effective coastal monitoring makes heavy demands of volunteer groups. Accordingly public funding and other support for citizens groups is urged as a way of insuring effective perpetuation of these activities on a long-term basis. Moreover there are reasons to believe that public funding and other support for constituency groups may be the most effective way to encourage sustained, high-quality commission performance. It may be the best way to guard against client capture, i.e., the eventual domination of an agency by the interests it is supposed to regulate. B-4 ATTACHMENT C EXAMPLES OF PERMIT CONDITIONS A'ITACHWNF C Examples of Permit Conditions The following are some examples of actual conditions attached to specific permit approvals: "The Coastal Commission's executive director shall approve final landscaping plans to ensure that they serve to screen the project and minimize its visibility (200 condominium units, San Francisco). "Public access shall be maintained-through the development site during all daylight hours (major condominium site, San Francisco). "Occupancy of a house is denied until it is connected to a functioning sewage treatment plant (single-family dwelling, Marin County). "An engineered drainage system shall be designed to collect and dispose of surface drainage off the site (single-family dwelling, Marin County). "All utility connections are to be placed underground (sewage treatment system, Marin County). "All tires pi aced in ravine along beach shall be removed; total number of. vehicles permitted to camp at one time shall be limited to 40; services of a licensed architect shall be secured to develop a plan for landscaping, erosion control, public trail system, etc. (mobile home park, Sonoma County). "No work is to be performed for the purpose of providing additional utility capacity beyond that demanded by existing development, or new development that has been approved by the commission (blanket permit, water district, Marin County). "Specified steps shall be taken to make 65 percent of rental units available at moderate, costs to tenants 55 years of age and older (43 apartment units, Capistrano Beach). "Building shall be reversed with two-story part away from the beach (27 condominium units, San Diego). "Developer of historical site is to construct and maintain a memorial plaque, with public access to site guaranteed (200 apartments and town houses, San Francisco). "Spoiled materials resulting from any maintenance will not be disposed of in any areas where they will reach a flowing stream (blanket permit for roadway maintenance and repair, Sonoma County). "Provision shall be made for open-space park area to be maintained by home-owners association (major condominium construction,.San Francisco). 'Ueight of a building is limited to 18 feet (single-family dwellings, Sea Ranch). "Reduce the number.of units; increase set backs; and provide means for protecting open space areas (56 apartments units, Carlsbad),. "On-site parking spaces must be provided at a minimum of-two.spaces per dwelling unit (duplexes, Newport Beach). "Third floor of shopping center is restricted to restauiants or similar facilities that would make use of ocean views (commercial facilities, San Francisco). "Theater and related facilities shall be removed and replaced with assembly facilities of smaller cubic footage (conference center, Monterey). Limitations on the placement of advertising signs (shopping center, Seaside). "Landscaping shall screen the site from vehicles using the adjacent road (200 recreational vehicle park, Malibu). "Lateral public access shall be provided to public areas.of a proposed seawall (seawall construction, San Diego County). "Applicants shall dedicate a public easement access, five feet wide running the width of his project (single-family dwelling, Stinson Beach)." C-1 Examples of Reasons for Denying a Permit "Will block sight lines from coastal highway to ocean @(single-family residence, Sea Ranch). "Density, greater than immediate surrounding area, will result in increased traffic on significant access route to beach (21-unit condominimum, San Diego). "Height and bulk of building will make it.highly visible and out of character with surrounding uses (60 units, Pacifica, San Mateo County). Parking and traffic already congested in vicinity of project and would become extremely so with the cumulative impact of similar projects (35-unit apartment house, Santa Monica). "Greater density proposed than existing development in surrounding area; also, city council considering site for a park (86-unit condominium, Santa Cruz) . "Project faces on to beach and thus is an extremely important part of coastal zone; would eliminate all visual access to the coast by the manner in which it occupies property frontage; could have growth-inducing effects on future use of extensive open properties in area (16-unit condominium, Carlsbad, San Diego County). "Homes would be first in area that is presently undeveloped and close to wildlife area (five single-family dwellings, Stinson Beach, Marin County). "Because of density and intensity of proposed housing development, little open area would be left in an important beach front site (lS3 condominium units, Los Angeles County). "Proposed development would provide for residential use of a predominantly open, agricultural area before commission planning for the area is completed (260 condominium units, Monterey County). "At this time in commission planning, it is too early to commit this site to residential development (165 homes, Carlsbad). "Will open area to development before planning and control s are adequate (underground trunk sewer line and pumping station, Carlsbad, San Diego County). "Lack of public open space in a publicly subsidized redevelopment project; inadequacy of proposed parking; absence of any low-cost housing, particu- larly for the elderly (639 apartment condominium units, Santa Monica). "Partly because of impact of speedboat noise; partly because of uncertainty as to effects on wildlife; partly because of question of leasing publicly owned waterways for private use (staging of ski and boat show in Mission Bay Park, San Diego). "Project would add effluent to a sewage treatment plant that is currently unable to meet water quality standards; also, the project would have insufficient open space to meet the needs of its residents, thus increasing pressure on the nearby state beach park (216 condominium units, Capitola, Santa Cruz County). "Impact of the building on tha adjacent beach (53 condominium units, Pismo Beach). "Some denials are intended to forestall any development until a coastal plan has been adopted. However, those denials that refer to issues such as density, recreation, space, parking, out.of character with the area., all seem to imply that some development could be approved, and in effect, encourage the developer to submit a new proposal." Source: Mogulof, Melvin B., "Saving the Coast - California's Experiment in Intergovernmental Land Use Control," The Urban Institute, Lexington Books, Lexington, Mass., 197S. C-2 ATTACHMENT D CORRESPONDENCE BETWEEN COASTAL PLAN COASTAL POLICIES (Adopted from Dickert, T., et al. "Collaborative Land-Use Planning For the Coastal Zone" Volume II, Half Moon Bay Case Study, App. H) The submission of the Coastal Plan to the California Legislature on December 1, 1975, culminated several years of planning, research, and public involvement. There were 162 policies recommended for legislative enactment. Throughout the several bills that were discussed (See Part II, Appendix VI for legislative history) many of the policies were either deleted, amended, or combined with other policies. Approx- imately 133 policies survived in-whole or in-part as they were* incorporated in SB 1277. Some of the Coastal Act Policies have only an indirect correspondence or'Partial reference to the Coastal Plan Policies and others corres- pond to the issues covered, but the policies are not necessarily equivalent. The following Attachment shows which policies were not mentioned in SB 1277. As the Legislature pointed out Section 30002 (b), some of the other recommendations will come under additional review. This is occuring at both the National level as well as by the State. 438 APPENDIX NUMERICAL LIST OF POLICIES AND RECOMMENDATIONS .PART 11 POLICIES PAGE BASIC GOALS FOR COASTAL PLANNING 25 1. Basic Goals for Coastal Zone Conservation and Development 25 MARINE ENVIRONMENT 26 OCEAN RESOURCES MANAGEMENT 26 2. Basic Policy: Protect, Enhance, and Restore Marine Resources 28 3. Maintain Healthy Populations of All Marine Organisms 28 4. Criteria for Aquaculture 29 5. Upgrade Commercial Fishing Facilities 29 COASTAL WATER QUALITY 30 6. Expand Ocean Water Quality Research and Regulatory Progra -WOO WASTE DISCHARGES 30 7. Basic Policy: Maintain, Manage, and Restore Ocean Water Quality 31 8. Stress Reclamation of Waste Wate- @2 9. Strictly Regulate Wastes from Vessel - 82 HEATED AND COOLED DISCHARGES 32 10.' Avoid Adverse Effects of Thermal Discharge and Entrainment 33 OIL AND TOXIC SPILLS 34 11. Prevent Release of Oil and Toxic Substances by Strict Regulation 35 State 12. Enact State Oil Spill Liability Measures L16 Effort 13. Create Single National Oil Spill Liability Fun-. -37 Nat 1 1. RUNOFF 37 Efforts 14. Control Runoff that Degrades Coastal Waters 38 COASTAL WATERS, ESTUARIES, AND WETLANDS 38 15. Give Special Protection to Estuaries and Wetlands 39. 16. Protect Other Coastal Waters by Limiting Dredging, Diking, and Filling 41 17. Require Replacement Areas for Diked or Filled Areas 42 18.- Regulate Permitted Dredging 42 SAN MOVEMENT AND SHORELINE STRU CTURES 43 19. Criteria for Seawalls, Breakwaters, and Other Shoreline Structures 44 20. Initiate Positive Programs to Restore Sand Supply 5 COASTAL LAND ENVIRONMENT 46 COASTAL STREAMS AND WATERSHED MANAGEMENT 46 21. Basic Policy: Establish Comprehensive Watershed Management 48 22. Prepare and Implement Comprehensive Watershed Management Plans 49 231. Relate Development and Water Supply Decisions to Coastal Watershed Management Plans 49 24. Review Major Projects Affecting Coastal Streams 50 25. Provide Special Protection for Anadromous Fish Streams -51 NATURAL HABITAT AREAS 52 26. Preserve Significant Natural Areas and Rare Species 52 27. Protect Fragile Habitat Areas 53 28.. Control Development Adjacent to Significant and Fragile Habitat Areas 53 29. Minimize Habitat Damage Wherever Development is Permitted 53 AGRICULTURE 54 30. Basic Policy: Protect Agriculture and Its Economic Viability 55 31. Provide Statewide Programs for the Maintenance of Agricultural Lands 5-6 CuTTTept 32. Establish Stable Urban-Rural Boundaries 57 State 33. Designate Use of Remaining Agricultural Parcels Within Highly Developed Areas 59 Effort 34. Criteria for Maintaining Non-Prime Agricultural Lands in Production 60 35. Permit Only Agricultural ly-Related Development on Agricultural Lands 61 D-1 NUMERICAL LIST OF POLICIES AND RECOMMENDATIONS 439 61 36. Limit Division of Land Within Agricultural Areas 37. Regulate Development and Land Division Near Agricultural Areas 61 FORESTRY 6.2 38. Protect Coastal Forest Resources 62 39. Modify Taxation to Encourage Sustained Yield -63 SOIL AND MINERAL RESOURCES 63 40. Protect Coastal Soil Resources 64 41. Regulate Mining 64 42. Inventory and Reserve Mineral Deposits 65 AIR QUALITY 65 43. Design and Operate Coastal Developments to Protect Air Quality 66 COASTAL APPEARANCE AND DESIGN 68 PROTECTING COASTAL VISUAL RESOURCES 69 44. Design Development to Protect Coastal Viewshed 69 45. Protect the Visual Quality of Highly Scenic Areas 69 46. Establish Local Design Procedures and Standard 69 47. Establish a Design Review Process 70 48. Reduce Litter in Coastal Areas -711 DESIGN GUIDELINES FOR VIEWSHED DEVELOPMENT 71 49. Design Guidelines: Compatibility with Natural Environment 71 50. Design Guideline: Protection of Coastal Views 72 51. Design Guideline: Scale, Height, Materials, and Colors 73 52. Design Guideline: Landscaping 73 53. Design Guideline: Alteration of Natural Landforms 73 54. Design Guideline: Signs 74 55. Design Guideline: Utility Structures 74 56. Design Guideline: Major Public Service, Commercial, and Industrial Facilities 75 COASTAL DEVELOPMENT 76 DEVELOPMENT AND,NATURAL RESOURCES 76 57. Design Development to Complement Natural and Scenic Resource Areas 77 SPECIAL COASTAL COMMUNITIES AND NEIGHBORHOODS 77 58. Protect and Enhance Special Coastal Communities and Neighborhoods 77 ORDERLY, BALANCED DEVELOPMENT 79 CONCENTRATING DEVELOPMENT IN URBAN AREAS .79 59. Concentrate Development in Already Developed Areas 79 60. Criteria for Division of Rural Land 81 PROVISION OF PUBLIC SERVICES 81 61. Regulate New or Expanded Public Service and Transportation Facilities 81 COASTAL-DEPEN DENT AND INDUSTRIAL DEVELOPMENT 82 62. Give Priority to Coastal-Dependent Development 82 63. Criteria for Location of Industrial Development 82 DEVELOPMENT IN HAZARDOUS AREAS 83 FLOOD HAZARD AREAS 63 64. Restrict Development,in Flood Hazard Areas 84 GEOLOGIC HAZARD AREAS 84 65. Improve Statewide Geologic Safety Measures 87 66. Require Filing of Geologic Hazards Information -87 67. Review and Regulate New Developments for Geologic Safety 87 68. Prevent Public Subsidy for Hazardous Developments 88 69. Establish Safety Measures for Possible Tsunami Occurence 89 BLUFFTOPS 89 70. Regulate Bluff and Cliff Developments for Geologic Safety 89 ENERGY 91 ENERGY AND THE COAST 91 ENERGY CONSERVATION 95 71. Restructure Utility Rates to Encourage Energy Conservatio.. D-2 440 APPENDIX 72. Recommendations for Statewide Energy Conservation Measures in New Developments 9 73. Recommendations for Additional Energy Conservation Measure- 101 ALTERNATIVE ENERGY SOURCES 101 74. Encourage Development of Alternative Energy Sources 08 75. Recommendation for Implementing Solar Heating and Cooling Systems .08 ENERGY FACILITY SITING AND DESIGN 110 76. Establish a Statewide Agency to Plan and Certify All Energy Facilities @112 POWER PLANTS 112 77. Coastal Agency Role in Siting Coastal Power Plants 115 78. Coastal Agency Role in Ongoing Site Identification Process 115 79. Criteria for Siting and Design of Coastal Power Plants 11.5 80. Remove Outmoded Power Plants from Beach Areas --- 117 PETROLEUM DEVELOPMENT 117 81. Basic Policy for Offshore Petroleum Development 123 82. Recommendation to Separate Permit Review of Petroleum E,xploration Phase and Development/ Production Phase -123 83. Criteria for Siting and Design of Petroleum Facilities 124 84. Recommendations for Increasing Oil Recovery Efficiency 26 85. Recommendation for Disclosing Exploration and Production Data 126 86. Recommendations for Avoiding Adverse Impacts of Federal OCS Petroleum Development-1 26 REFINERIES 127 87. Coastal Agency Role in Refinery Siting 129 88. Criteria for Siting and Design of Coastal Refineries 129 TANKERTERMINALS 130 89. Basic Policy for Tanker Terminal Planning 133 90. Coastal Agency Role in Tanker Terminal Siting 134 91. Maximize Use of Existing Tanker Facilities 134 92. Criteria for New or Enlarged Tanker Terminals 134 93. Recommendations for Improving and Enforcing Tanker Technology and Operating Procedures 134 LNG FACILITIES- 135 94. Coastal Agency Role in LNG Facility Siting 137 95. Criteria for Siting and Design of LNG Facilities 137 96. Require Safety Measures During Marine Operations 137 97. Require Safety Measures at Onshore Facilities 138 98. Establish Liability for Accident Damage 138 TRANSPORTATION. 139 TRANSPORTATION PLANNING AND THE COAST 139 99. Consider Coastal Concerns in Transportation Plans 1140 100. Review Transportation Plans Affecting Coastal Resources or Access 140 LAND TRANSPORTATION 140 HIGHWAY 1 AND COASTAL ROADS 140 101. Relate Land Use Decisions to Transportation Capacity 141 102. Criteria for New or Expanded Coastal Roads 142 103. Develop Alternatives to Prevent Excessive Use of Coastal Routes 142 104. Maximize Recreational and Scenic Value of Highway-1 and Other Coastal Roads 143 PARKING 144 105. Minimize Impact of Parking Facilities 144 106.' Require Adequate Parking in New Developments 145 PUBLIC TRANSIT 145 107. Provide New Funding for Coastal Zone Transit 146 108. Establish Priority of Transit Over New Ro *ads 146 109. Expand Transit in Urban and Air Quality Maintenance Areas 146 110. Encourage Expanded Rail Service -146 111. Encourage Transit Usage 147 AIR TRANSPORTATION 147 112. Policy on Future Airport Siting 447 113. Limit Expansion of Coastal Airports -147 114. Provide Public Access in Some Airport Buffer Land 148 115. Reduce Impact of Airport-Related Transportation and Parking on Coastal Access 148 D-3 NUMERICAL LIST OF POLICIES AND RECOMMENDATIONS* 441 WATER TRANSPORTATION 148 116. No Additional Major Port Areas Required 149 117. Maximize Use of Existing Ports 150 118. Criteria for Port Development Involving Filling or Dredging 150 119. Recommendations for Navigational Safety 451 National 120. Study Feasibility of Expanded Coastal Ferry Service 451 Efforts PUBLIC ACCESS TO THE COAST 152 121. Basic Policy: Provide Access to the Coast for All People 153 THE RIGHT OF PUBLIC ACCESS 153 122. Guarantee Legal Rights of Public Access to the Coastline 153 123. Provide Public Access Ways to the Coastline 154 124. Manage Public Access Areas 155 EQUALITY OF ACCESS 155 125. Provide Lower-Cost Tourist Facilities in the Nearcoast Area 155 126. Increase Coastal Access for Low- and Moderate-income Persons 1,56 ACCESS THROUGH MULTIPLE USE OF COASTAL LANDS 156 127. Retain Surplus Lands in Public Ownership 156 128. Encourage Institutional Development that Provides Public Access to the Coast 156 129. Maximize Public Use of Federal Land- 0157 130. Include Multiple Uses in Major Facilities- 157 RECREATION 158 131. Basic Policy: Increase Coastal Recreation Compatible with Resource Protection 159 RECREATION AND THE COAST 160 132. Consider Recreational Potential Before Allowing Other Uses of Oceanfront Land 160 133. Give Priority to Commercial Recreation Over Other Private Development 160 134. Reserve Shoreline Areas for Recreation Activities that Need Access to Water 161 135. Restrict Substantial Alterations Along the Coast for Recreation 161 136. Reserve Upland Areas for Recreational Support 161 137.' Provide a Variety of Recreational Facilities near Metropolitan Areas - 161 138. Expand the Statewide System for Overnight Reservations -161 139. Ensure Equity in Cost of Maintaining Coastal Recreational Facilities .61 RECREATION AND DEVELOPMENT 162 140. Balance Development with Open Space and Recreation Facilities 162 141. Require Sufficient On-Site Recreation in New Development -162 CONTROLLING RECREATION TO PROTECT RESOURCES 162 142. Limit Access and Recreational Use Where Necessary 163 143. Restrict Off-Road Recreational Vehicles Along the. Coast 163 144. Establish Long-Range Program to Protect Recreational Resource 163 COASTAL TRAILS SYSTEM 164 145. Establish a Coastal Trails System 164 MARINAS 165 146. Accommodate New Recreational Boating Facilities Without Degrading Coastal Resources 166 147. Maximize Use of Boating Facilities 166 148. Provide Public Access to Marinas 166 EDUCATIONAL AND SCIENTIFIC USE 167 149. Encourage Education on the Coastal Environment 168 COASTAL RESERVE SYSTEM 168 150. Establish @ Coastal Reserve Syste .68 HISTORICAL AND PREHISTORICAL RESOURCES 169 151. Protect Historical and Prehistorical Resources 169 RESTORATION OF COASTAL RESOURCES 171 152. Restore Degraded Coastal Resources 171 153. Require that Environmental Damage Be'Offset by Restoration 172 154. Resubdivide or Consolidate Certain Lots 172 PUBLIC ACQUISITION OF COASTAL LAND 173 155. Priorities for Public Acquisition 173 AB3544 156. Use Appropriate Techniques for Expanding Public Use of the Coast 174 157. Protect Potential Acquisition Areas 174 D-4 442 APPENDIX 158. Increase Funds for Coastal Recreational Facilities 174 159. Expand the Authority of Existing State Acquisition Agencies -174 160. Create an Interagency Coordinating Council -174 FURTHER STAGES OF PLANNING 175 161. Prepare Regional and Local Plans to Carry Out the Coastal Plan 175 162. Prepare Subregional Plans for Some Coastal Areas 176 D-S ATTACHMENT E PUBLIC HEARING DRAFT OF INTERPRETIVE GUIDELINES FOR COASTAL PLANNING AND PERMITS CALIFORNIA COASTAL COMMISSION 1540 Market Street, San Francisco 94t02 - (415) 557-1007 February 11, 1977 TO: All Reviewers FROM: E. Jack Schoop, Chief Planner (1) Application and appeal forms . (2) Reasonable provisions for notification to the regional commission, the commission, and other interested persons of a SUBJECT: Public Hearing Draft of Interpretive Guidelines in sufficient detail to assure that a preliminary review of For Coastal and Permits such action for conformity with the provisions of this chapter can be made. (3) Interpretive guidelines designed to assist local govern As required by law Commission has adopted interim interpretive ments, the regional commissions, the commission, and persons guidelines for coastal permits, and has scheduledpublic hearings subject to the provisions of this chapter in determining how on them during March. After the hearings, the guidelines Will be revised as the policies of this division shall be applied in the coastal necessary for review and adoption by the Commission before the legal-mandated zone prior to certification of local coastal programs; deadline of May 1, 1977 deadline of May l, 1977. The guidelines do not supersede the provisions of the California Coastal Act of l976, but rather attempt to interpret, clarify, and provide specific guidance as to how the provisions of the Act should be applied. enlarge, or diminish the powers or authority of l (b) Not later than May 1,1977 commission shall, after public hearing, adopt permanent procedures that include the components The guidelines are of two types: general statewide guidelines that are specified in subdivision submit a copy of such proce- applicable to many areas, e.g., guidelines on concentrating development, dures to each local government within the coastal zone and shall make encouraging the provision of low-cost housing, protecting oceanviews, etc.; them readily available to the public. The commission may thereafter, and specific guidelines, intended to apply to a specific portion of the coast, e.g., Big Sur, Santa Monica, etc. from time to time, and, except in cases of emergency, after public The interpretive guidelines have been adopted by the Commission as interim hearing adopt additional procedures or guidelines guidelines to assist local governments, the State and Regional Commissions, The Commission had to adopt the guidelines under a very short deadline, el development applicants, and the general public in processing development ap- plications prior to the certification of local coastal programs, and as an initial indication of coastal issues to be addressed in local coastal programs. Joint State-Regional Commission hearings will be held at the times and place listed below. Because of the short time available for adoption of permanent guidelines, we seek your comments and suggestions as soon as possible. Written comments of any length may be submitted at any time. These comments may be summarized at the public hearings; the time available to each speaker will depend in part on the number of speakers wishing to be heard, but may be 3 to 5 minutes. Background Section 30620(a) and (b) of the California Coastal Act of 1976 provide as follows: (a) By January 30,1977, the commission shall, consistent with the provisions of this chapter, prepare interim pro- cedures for the submission, review, and appeal of coastal development permit applications and of claims of exemption. Such procedures shall include, but are not limited to the following: (1) Application and appeal forms. (2) Reasonable provisions for notification to the regional commision, the commission, and other interested persons of any action taken by a local government pursuant to this chapter, in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this chapter can be made. (3) Interpretive guidelines designed to assist local govern- ments, the regional commissions, the commission, and persons subject to the provisions of this chapter in determining how the policies of this division shall be applied in the coastal zone prior to certification of local coastal programs; pro- vided however, that such guidelines shall not supersede, enlarege, or diminish the powers or authority of any regional commission, the commission, or any other public agency. (b) Not later than May l, l9977, the commission shall, after public hearing, adopt permanent procedures that include the components specified in subdivision (a) and shaall transmit a copy of such proce- dures to each local government within the coastal zone and shall make them readily available to the public. The commission may thereafter, from time to time, and, except in cases of emergency, after public hearing, modify or adopt additional procedures or guidelines as it deems necessary to better carry out the provisions of this division. The Commission had to adopt the guidelines under a very short deadline, elim- inating the possibility of prior public review. Similarly, the tight deadline did not fully permit rewriting for a thoroughly consistent style. To the extent possible, these guidelines have largely been drawn from material subjected to public hearings and discussion in the past. Where applicable for example, and where legally valid under the provisions of the Coastal Act of 1976, the Commission has used guidelines that were used by the Commissions under the 1972 Coastal Act (Proposition 20), and guidelines adopted by State and Regional Commissions as part of their planning work, But this material has been included only if it is applicable under the 1976 coastal law, and the guidelines have been drafted in full recognition of the differences between the two laws. The guidelines have been drafted so as to provide guidance and clarifications, not simply to restate the law. In some portions of the coast, where conser- vation and development issues are the most acute, the staff believes that the law provides aadequate guidance and that no interpretive guidelines are needed; thus the presence or the absence of guidelines is no key to the importance of a particular area or a particular subject. The purpose of the guidelines is to add clarity, not to repeat the law. GENERAL STATEWIDE GUIDELINES 1. Geolow Stability of BlufftoD Develonme Section 3o253 of the 1976 Coastal A shall: (1) Minimize risks to life and prop Hearinz Schedule flood and fire hazard; (2) Assure stability neither create nor contribute significantIj or destruction of the site or surrounding ar Date Time Address construction of protective devices that wo landforms along bluffs and clIffs". March 3 1:30 PM City Council Chambers Bluff and cliff developments must t 5775 Carpinteria Avenue Carpinteria will assure stability and structural inteFi lifespans. Bluff and cliff developments j March 7 7:30 Pm 701 Ocean traffic gradingl ixTigation, orseptic tank Board of Supr. Chambers of them@ must not be allowed to create or to Santa Cruz problems of erosion or geologic instability property- March 7 9:00 am City Council Chambers 2000 Main Street Destruction of cliffs and bluffs by Huntington Beach not be permitted. Cliff retaining walls sho @1) to maintain public recreational areas,or March 3.4 9:00 am 3031 Torrance Blvd. such as protection of coastal highways(lbr e City,Council Chambers ort areas, when there is no less environme Torrance M to protect principal structurre@-'In exist from erosion and where there is'no less envi March 18 1:30 pm 1035 Palm Avenue or (3) in Los Angeles, Orange, \ and san Diego Courthouse Annex tions of wall in subdivisions, where a predo San Iuis Obispo in place, provided the inf@l@ng would have effects. March 21 11:00 am 701 Ocean Board of Supr. Chambers Ordinarily, the applicant for a pe Santa Cruz should be required to demonstrate site stabi of geologic hazarcLs by filing a report prep March 21 9:00 am City Council Chambers a professional engineer specializing in soil MOO Main Street engineering geolog-*st (or some combination o Huntington Beach his or her area of expertise.) and based on an a review limited to the general character March 23 7:30 pm City Council Chambers consider (1) historic cliff erosion, (2) cli 6th and K, City Hall tions, including soil and rock characteristi Eureka tidalaction, (6) ground and surface water c tial effects of earthquakes, (3) the erosion March 24 8-00 pm Board of Supervisors 14tg. Room development including landscaping and drain City Hall factors that may affect slope stability. Th San Francisco fessional opinion as to whether the site and standards during all foreseeable normal and March 25 9s15 am 1350 Front Street saturation and maximum 100-year probable sei Room B109, State Bldg. information), throughout the lifespan of the San Diego a currently acceptable engineering stability describe the Limitation in this professional March 29 9:00 am 3031 Torrance Blvd. unknowns in the analysis. The degree of aria City Council Chambers to the degree of potential risk presented by Torrance no significant risk to human life should be E-2 available, should be rehabilitated when nece for replacement by more expe naive units. To private funds are available to build new low housing, new housing of this type should be of approving the demolition of any such axis requirement should not apply, however, to a As a general rule, the area of demonstration should include the base, owner or the owner's imediate family. face, and tap of all bluffs and cliffs (of 10 feet in height or greater .3o The local governments and Commissio measured from the toe of the cliff face) extending inland'to a line formed State Department of Housing and Community De by a 20-degree angle frcm the horizontal plane at thebase of the cliff or advantage is taken of any Federal or State h bluff (a 2.75:1 slaoe) or 50 feet from the top edge of the cliff, whichever the future become available. is greater. However, the Ccamissions may designate a lesser area of 4. Whether-a local housing element has demonstration in specific areas of known geologic stability (as determined guidelines issued by the Department of Hous by, adequate geologic evaluation and historic evidence) or where adequate should be determined by that Department prio protective works already exist, and may designate a greater area of demon- local coastal program.. stration ard/ or7 an area of absolute development ekc1usion in areas of known 5. Rental units that provide housing f high instability. income should be converted to condomi.Liums o given at least 90 days notice of the propose Where appropriate in areas of geologic hazard development permits tenants are,given the first option to purcha may be issued only upon an applicant's signing a waiver of all claim against meets current standards in building codes, a the public for future liability or damage resulting from the permission current off-street parking requirements, and to build. In the same,general coastal area at comparab i-ental vacancy rate in the coastal zone of t 2. 'View Protection remained above 3 percent for the 6 months pr The 1976-coastal Act Drovides in Section 30251 that "Permitted 4. Low- and Moderate-Cost Housing: Redevelonmery development shall be 'sited and designed to protect views to and along the ocean and scenic coastal areas The prima@7 concern under this 1. In aYV redevelopment project within the c policy is with protecticn of ocean and coastal views from public highways, component, no less than 20 percent of the hou roads, vista points, and other such areas, rather than with resolving families of-low- and moderate income. neighborhood view disputes when no public vistas are involved. !a general, however, where most residences in an area have been sited and designed to 2. Any redevelopment project within the coas protect the ocean v-.;e-ds from other homes, new cormtruction should respect moderate-income housing units should not be p these general plannimng and design standards, and view-blocking houses equivalent number of replacement urL'-ts are pr cut of scale and character with the surrounding area should not be allowed. The replacement units need not necessarily be Thus, this policy should be, applied to private viewa only when it is 5. Public Ri@zhts of Access. uniformly applicable to a !a.-ge ru-mber of houses or lots in an area and not to protect the views from a single residence in-isolated cases. 'Section 30001.5 of the 1976 Coastal Act goal of the state to "... maxirdze public re 3. Lc,.,-- and Yode:-ate--Cast FousLne; Cordcminiimm Corversion coastal zone..." and Section 30211 provides interfere with the.public's right of access Sectiom 30213 of the 1976 Coastal Act provides that '"Lower cost use or legislative authorization, including, visitor ard r-ecreaticnal facilities, *and housing opportunities for persons dry sand and rocky coastal beaches to the f of low and moderate inccme, shall be protected, encouraged, and, where vegetation. leasiblel-Dmi ded. . . . New housing in the coastal zone shall be developed in conformity with the st@ndaxwds, policies, and goals of local housing elements adopted in accordance with the requixements of subdivision Public prescriptive rights, therefore, (c) of Section 65302 of the Government Code." they exist. Where,such rights are thought t development' could interfere with them, the c To meet the requirements of this policy: assistance of the Attorney General's office, rights by whatever means appropriate. Until 'tted to adver 1. Where new residential development is planned, priority should be development should not be permi given to developments that include provision for low-income and moderate-income Such rights can be preserved through recorda units. possible to site and design a development so 2. Existirg housing occupied by persons of low and moderate income rights. Where appropriate, the Attorney Gen should be protected, and, to the extent,that public or private funds are to investigate and advise the commission on to quiet title in the public, should be take E-3 Public Trust Landsl Section 30601 and 30603 of the 1976 Coastal* Act retain in the Commission jurisdiction over tidelands, submerged lands, and public trust lands even after local governments have taken over the coastal development permit system or have received certification of their local coastal programs. This clearly emphasizes statewide public of these areas. Section 3001.5 states that among the basic goals of the are to :maximize public access opportunities in and "Assure priority for coastal-dependent developments..." Thus, development proposals that may involve present or historic tide- lands, submerged lands, ard public trust lands should be permitted only if con- sistent with the public trust. Where public tust status is thought to exist, and where a proposed development could interfere with it, the Commissions should, with the assistance of the Attorney General's office and the State Lands Commission, seek to resolve the question promptly, Until the question is resolved, new development should not be permitted that is inconsistent with the public trust. Basic Policy for Siting New Development. Section 30250(a) of the 1976 Coastal Act provides that "New development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, wherre such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable adverse effects, either individually or cumulatively, on coastal resources. In addition, lland divisions, other than leases for agriculturala uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels." A. Concentration of Development The basic purpose of this section is to provide for the orderly progression of development in the coastal zone, consitent with the prpotection of coastal resources and of public access to the coast. Accordingly, the policy estab- lishes that develop,ent in the coastal zone should first be channeled to exist- ing urban areas able to accommodate it, i.e., where roads, water supply, and other urban services are available, and where further development will not impair coastal resources or public access to the coast. Normally when such urban areas are substantially built up, development should next be channeled to the immediate periphery of these areas, and should not be permitted to sprawl in a leapfrog manner into open areas. Where such peripheral development would conflict with provisions of the Coastal Act (e.g., because a pheripheral area might be one of exceptional geologic hazard, natural habitat value, or public recreational potential), development in more distant areas could take place. For purpose of this policy, appropriate areas for urban infilling and redevelopment, and for carefully-phased expansions from developed urban areas should be identified as follows: (1) lands upon which urban development pre- sently exists (lands generally developed to a density of two or more units per acrea) and (2) adjacent or closely proximate lands where development would reo- vide a logical, resource-conserving extension of the present urban development because: (a) coastal resources within the expansion area would be permanently protected; (b) the lands are relatively near employment centers: (c) adequate public services (i.e. roads, water sewage disposal) are either available or can ` be proveded without significant damage to coastal resources or to access to the coast by the general public; (d) alternative sites for urban development would involve greater damage to natural resources, coastal or inlands; and (e) development proposed for the area is consistent with other Coastal Act requirements. The general provisions of this section should not normally apply to indivi- dual lots zoned as of the effective date of the 1976 Coastal Act for single- family residences, where the owner holds only one such lot and where there are no physical impediments (such as landslide hazards) to construction, unless the total amount of development permissible in an area under this guideline would be inconsistent with the Coastal Act. Nor should this general provision apply to developments listed in sub- paragraphs (b) and (c) of Section 30250, i.e. hazardous industrial develop- ments and coastal visitor-serving developments, nor to coastal-dependent developments such as beach facilities and fish hatcheries that must of neces- sity be at particular sites. Public facilities necessary to sereve develop- ment in these areas should also not be subject to this general provision. B. Land Divisions in Rural Acreas. Secion 30250(a) provides that land divisions outside of existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the size of the to-be-created parcels would be no smaller than the average size of the surrounding parcels, This provision reinforces the main policy of concentrating development in or near urban areas. The provision limits sprawl and premature developments in rural areas that, if unregulated, would undermine the basic policy. Accordingly, the land-division provision should not apply to subdivisions in already-urban areas and to areas approved for expansion, but should apply to land divisions proposed for generally rural parts of the coast. To determine the number of usable parcels in an area that have been developed, the following factors shoudl be considered: (a) "aarea" should not include any lands meeting the requirements of Section A above, but should be large enough to include lands geneerally considereed to be in the same market area becasue of comparable proximity to employment centers, recreational resources, and use of the same water supply, roads, or other public services; (b) "usable" should be determined on the basis of parcels that can be physically developed under applicable land use regulations' (c) "developed" should mean that a parcel of land has on it a habitable dwelling or other substantial structure, to determine the "average size of surrounding parcels," all parcels lying all or partly within one-fourth mile of the perimeter of a parcel shoudl be con- sidered unless clear topographical factors (such as a ridge) make clear that a parcel within one-fourth mile is clearly distinct from the parcel under consideration. The determination should exclude any protions of a develo- ing area identified pursuant to Section A above that lie within the one-fourth mile. Meeting these criteria, however, does not exclude divisions of land from the other requirements of the Coastal Act, i.e. a proposed lot split that met the requirements of Section B would also have to be consitent with levels of development that would not adversely effect public access to the coast. DEFINITIONS 7. For San Diego County: Parking Guideline: Except where more specific Where used in the apecific guidelines above the following definitions of criteria are stated elsewhere in the San Diego guidelines: terms should apply: a. Residential: Same as general Los Angeles and Orange Counties ratios b. Commercial: 1 space per 300 sq. ft. of gross floor area 1. Vertical Access: A recorded dedication or easement granting to the c. Restaurants: 1 space per 100 sq. ft. of gross floor area public the privilege and right to pass and repass over dedicator's real d. Motels: l space per unit. Units with kitchen same as general 2. Lateral Access. A recorded dedication or easement granting to the residential standard. public the right to pass over dedicator's real property generally parallel to, and up to 25 feet inland from, the mean high tide line, but in 8. For San Diego County: Landscaping Guideline: no case allowing the right to pass nearer than five feet to any a. Residential: 35-40%. Common patios, pools and other common recreational facilities may be considered as landscaping. recreational facilities may be considered as landscaaping. living unit on the property. b. Commercial/ 15-20%. Emphasis on screening buildings and paved areas, Industrial: and breaking-up large surface parking areas, 3 Canyon Setback. An adequate, setback, generally no less than 10 feet in highly developed urban areas, from the crest of the slope of a canyon. 9. For San Diego County: On-site signs should be designed as an integral part of new development. In addition: 4 String Method of Preventing Beach Encroachment. In a developed -- Each business should be entitiled to one facade sign. area where new constuction is generally infilling, no part of a proposed new -- Each shopping complex should have one directory sign. structure, including decks; shall be built farther onto a beachfront than a -- Monument sign heigh including mounding should not exceed 8 feet. line drawn between the most seaward portions of the adjoining structures. -- Tall free-standing and roof signs should not be allowed. -- Off-premise signs should not be allowed. 5. For Los Angeles and Orange Counties: 1.5 and 1.1 Criteria for Small Lots in Urban Areas. On lots with an area of less than 4,000 square feet in urban areas of Los Angeles and Orange Counties, the gross structural areas of a residential building shall ordinarily not excee l.5 or 1.1 times the buildable area of the lot, Gross structural area included the total square footage of all structures, including enclosed or open parking garages or carports, is measured from the outsides of walls to the outsides of opposite walls, and includes mezzanines and staairwells but not open patios, decks or atriums, The buildable area of a lot means the total square footage of the parcel less the area of any required setbacks. 6. For Los Angeles and Orange Counties: Residential Parking Guidelines: Spaces/unit Studio-bachelor units 1:1 One bedroom units 2:1 Two bedroom units (or more) 2:1 Multiple units guest parking 1 space per 7 units Exceptions 1. In Newport Beach when one unit of a duplex is under 800 sq. ft. and is one bedroom, three parking may be allowed. In designated areas where congestion affects beach access, two spaces per unit (regardless of size) shoud be provded. Additional guest parking my be required where appropriate. 3. For requrements for other uses, see Appendix HtNBOLDT COUNTY Orick. Prevent further divisions of agric: existing water sources are of low quality and qi should be developed to provide for existing neec DEL NORTZE COUNTY Freshwater, Stone, and Big Lagoons. Regul watershed to protect views, water quality, and fi ShiD Ashore. Sewage system should be modified as necessary to maiA =wate@rquality standards. Big Lagoon. Protect the visual corridor al Lands North of Smith River. Maintain-agricultural lands from the Oregon border to the S.7dth River in agricultural use. Prevent further strip Big Lagoon Subdivision. Allow build out co development along Highway 101 to*protect scenic qualities. scale and minimizing geologic hazards. Sr.rLth River to Dead Lake. Development proposals from the mouth of the A-gate Beach. Development proposals should Smith River to Dead Lake sihould protect sand dunes and valuable wetland and coastal forest east to Highway 101 for gener habitats. 'Cooperative manapment programs with surrounding landowners to further protect habitat@ v@@es and to prevent development that would de- Stapecoach Road (Patricks Point). Any deve grade the shallow water table should be encouraged. of Patricks Point Drive and Stagecoach Road sh headlands and the view corridor. Pacific Shores. Regulate development of lots within this subdivision to privent destruction' of sand dunes a@d to control any-septic tank problems. Beach North of Trinidad. Give priority on Provide public day-use access (foot travel) to the dunes and beach drea as general recreation. a condition of future development. Trinidad Head. Expand and improve Trinidac Lakes Earl and* Talawa. Protect this 2,500-acre area of wetlands and facilities for commercial and recreational fishl expansive dunes for resource preservation, general recreational use, and west of Patrick's Point Drive and Stagecoach Ro open space. coastal headlands and the view corridor in this Crescent Gitv Manor. Protect habitat and open space values, McConnahas I.1ill Creek and Lufferholtz Creek including protection cf an unstable sand dune area and poorly-drained marsh adjacent to these creeks to protect the water s lands. Consider rezoning as necessary to protect coastal resoures. College Caved Designate this area of Trini Crescent Beach. Prohibit off-road recreational vehicles in this limited-use area. Undertake erosion.control me area to prevent compaction of the sand that would threaten habitat values. problems along the trails and parking areas. Wetlands South of Crescent Citv. Protect these highly productive and Trinidad Area. Keep future development con sensitive are 'as arcu@7 the wetlands and control future development nearby of the community. T71nidad Head should remain to prevent degradation. ownersidp. C-escent Citv Harbor. Allow maintenance dredging and necessary Trinidad Head to Little River. On the larg modification of the harbor to ensure safety. of Scenic Drive and north of Little River, give access, beach recreation, and support facilities Klamath Glen. Proposed construction at Klamath Glen should incorporate septic tar-k-leaching pit systems consistent with Regional Water Little River to Mad River. Prohibit off-ro Quality Control Board and County Health Department standards. access to sand dunes and beach areas from Little Allow only day use of Clam Beach County Park. P Klamath. Any further development shmil(i incorporate modifications from developments harmful to the river's salmon necessary to maintain water quality standards :In the city of Klamath as McKinleyville. Before more development is established in Klamath River Basin 1-A Plan. should be develop@d that protects water quality. Reoua. Maintain the character of this special community, a regionally McKinleyville-Arcata-Eureka Area. Expand b important historic site for both Native American and white settlers, by bike use is heaviest. limiting commercial development, Do not develop the steep, highly scenic hillsides above the town. Mad River to Manila, From the mouth of the Manila,. retai.4 the largely undeveloped sand dune Klamath River. Regulate development within coastal zone watershed to protect the valuable anadromous fish resource of the Klamath River. Mad River Slough. Prevent the destruction habitat. Support a co-operative managenent pro to manage for wildlife prorlli@!tion including pub Is 2 E-6 North SDit_ (South of Manila). Retain the section of coastal dunes lying west of the new Navy Base road and south of the town of Manila to the U.S. Coast Guard Station in an undeveloped state. Eureka and Arcata Areas. Prohibit linear development along Highway Cleone Acres. Do not allow continuous 101 between &.,reka and Arcata to insure open space values, protect Highway 1 in all undeveloped areas and nort agricultural lands and wildlife habitatt and maintain the integrity of the two cor.:-r-ndties. , Building should be channeled to the developed areas. Cottoneva Creek and Rocknort Bay. Pre The pasture lands between D.Lreka and Arcata, including the pasture lands habitat along the banks and the small estu on the krcata Bottoms that are now in economic units, should remain-in Creek. Maintain present uses at Roc4ort agricultural production. area, formerly a lumber schooner port). Kinz Salmon and Fields Landing. Builldout of the King Salmon and Fields Westport. All development proposals s Landing subdivisions should be allowed to the capacity of the existing sewer and existing scale. facility, with priority given to commercial fishing facilities. Future land divisions in the adjoining areas should be limited according to the Seaside Creek. Preserve the estuarine general guidelines. area atthe mouth of the creek). .H.umboldt Bay. Protect the biological integrity of Humboldt Bay. Ocean Meadow Subdivision. Regulate d Allow maintenance dredging to ensure the economic viability of Humboldt coastal resources, including open space and Bay as a harbor and' shivping facility. Regulate spoi2s disposal, Ten Mile River. Preserve the estuarin probably requiring disposal offshore rather than on lands adjoining the bay. Prohibit development or degradation of salt and fresh water marshes. and trail bikes should not be allowed on v Ten Mile Dunes and Inglenook Fen. Pre Humboldt Bav South Spit. Cff-rcad vehicles should be off vegetated a wildlife habitat. dunes but have access to the seaward side'of these-dunes. Phasing out the off-road vehicle use on the beach should be seriously considered, and possible Fort Bragg Area ' To insure adequate alternative i-n1and sites designated. nance of water quality, futtire development South-Snit. Permit current off-road recreational vehicle use to patible with the Iexisting and proposed.wate continue if strict enforcement of the county ordinaAce can assure that vehicle access is limited to the seaward site and does not encroach upon Nova Harbor. Permit regular ma:Lntenan vegetated dunes. existing Noyo Harbor facilities. Maintain Noyo Harbor and the Albion River. Eel aver Floodviain. In the Eel River floodplain only development Fort Bragg to Navarro River. Prevent necessary for da:@.-y ;-rother agricultural support facilities should be allowed; of timberlands that remain in economic unit these facilities should be designed to withstand periodic flooding. existing communit boundaries. Conversion of agricultural lands now in use as pasture should not be allowed. y Caspar. Maintain the special charact Bear River. As part of any development proposal provide public access significant community in a scenic area; m along the mouth of Bear-River from Wildcat Road for.Fishing and for area. other recreational use. Mattole River to K3.nz Ranee. Use the beach area as a segment of the Mendocino. Protect the unique qualiti of.special character; regulate development coastal trail system from Mattolle River south to the King Range National and character of development. Conservation Area, rather than developing any trail upland that could interfere -with productive agricultural. Big River Wetland. Preserve the exten Shelter Cove. The Shelter Cove Rancho, composed of 40 to So acre parcels, habitats. lies Tn_.Ze"ephd11s-; des and because of this high geologic risk, no developmennt should be allowed. -Control development of some existing lots at Shelter Cove Irish Beach. Ensure that any proposed Sea Park now serviced by sewer and- wate." systemSt consistent with geologic is fully consistent with the character of t capacity of existing service facilities. G hazard requirements. be built either in the existing stfDd:Lv7ision MENDOC,rNO COU'r.1f Garcia River to Gualala River. Limita Usal Creek. Maintain buffer areas around the 'osprey nests as well as capability of soils for septic tanks will r along-EYe -creek. Manage construction activities within Coastal Zone water- family residences on existing lots in the a shed to maintain high water quality and to minimize effects on nesting Osprey- end the Gualala River. Therefore, proposed concentrated in those subdivided areas wher E-7 resources will be udxdjdzed. Bodega Bay. Allow moderate expansion of presen fishing facilities in Bodega Bay. New commerci village area should be concentrated and inconsp road with no direct ingress or egress from High construction in Bodega Harbor, granting of new SONaiA, MARIN PXD SAN F! IUNCISCO COUNTIES pension of existing tideland structures should mercial fishing facilities. Archeological surv Overall Guidelines. authorization of construction. I., Development should be sited and designed to minimize'erosion and Tomales. Development should be limited to inf sedimentation caused by removing vegetation, grading, etc. presently served by the community sewer system. scaled visitor services should be encouraged, a 2. Adequate buffers of natural vegetation between waterways and new and service activities and moderate priced hous construction should be provided to protect riparian wildlife habitat. Valley Ford. Attempts should be made to maint 3. The'10 year floodplain of all coastal streaffashould be developed moderate-priced coastal housing. only for uses that can endure periodic flooding and will not compound flood. hazards. Si,@znificant coastal streams include m The Russian and Gualala Dillon Beach. (See also Oceans. Marin Subdivis . g Rivers, and Lagunitas, Redwood, Salmon, Walker and Olema/Bear Valley Creeks. new septic systems should be restricted until th problems with the community's individual sewage 4. Visitor facilities and coastal access points should be sited and mined and remedial measures implemented. designed to protect park values and the character of coastal villages, and to prevent overuse of any area. Point Reyes Station. Concentrate visitor fac that serve the Federal Parklands. New subdiv-- within the community boundary presently @dent 'Coastal Vill-ages. '- To protect the small villages that have historically been Development within the downtown area.should be residential enclaves as well as serving the commercial needs of coastal sewage disposal systems are'developed. -residents and visitors, the following provisions should apply to development tn all coastal villages. Inverness/Inverness Park. Pending LCP recomme than 10 acres should not be divided unless for 1. Construction of appropriately-scaled residential and commercial intensification of land use will occur. Larger development should be concentrated in existing village boundaries listed divided if the division would not adversely aff below. Land divisions that extend existing community boundaries should not be community water supplies. Development on lots permitted. over 30% slope, or where septic system failures be allowed only after. a determination by the R 2. , Septic. systems should generally be limited to lots of at least one have a cumulative adverse effect uDon local stre acre. ject to evidence of adequate water supply and r scaled (perhaps less than 50 units) visitor-s 3. Structures of historic nature, scale,and design should be.retained. permitted within the community boundaries. No New development should be designed and sited to be compatible with historic between Inverness and Inverness Park should be development. Olema. Because Olema is at an important highwz 4. Generally, visitor-serving facilities should have priority over parksp a moderate expansion of visitor faciliti alternate land uses inside the villages., Bolinas. New construction at the Bolinas Mesa The following are additional specific guidelines: of 1501 from the blufftop. Shoreline protectiv should be prohibited unless it is demonstrated danger to a major existing structure. Any prot protect recreational, environmental and visual Jenner. Because of meologic unstabi-lity and poor septic system conditionst Con- should conform to the lot sizes set forth in th solidate building sites prior to any future development. No construction No division of Paradise Valley Produce lands sh uti I J zing septic systems shall be permitted until the extent and severity should be encouraged along the Olema-Bolinas of the co=nn-dtyl s septic problems are determined and an adequate solution no additional water diversions from Pine Gulch implemented. The existing community boundary is defined as the historically- Visitor serving-facilities should be moderate subdivided community. recreation facilities should be developed. Co system.monitoring and maintenance programs. If Duncans Vill. Concentrate new visitor-serving facilities within the historic the community sewer system should be extended t commr:xuty, approximately doubling those presently avail ahl e. A.11 additional the authorization of any new development. development should protect the marsh. E-8 Prior to 11ficreased development at septic system@ maintenance and groundwater Stinson Beach. locate moderate size (50 units) visitor-serving facilities lished. This program should*include RWQCB in Stinson Beach. No new development should be permi tted until there are discharge standards for individual septic adequate waste water disposal facilities or programs to protect Bolinas lagoon. No development shall be approved until the present water system 3. Lots within Units 34 and 35 should is upgraded and delivery capacity improved. The danger of landslides in the pending studies of alternate development p Stinson Beach Highlands precludes additional divisions of land. Construc- tion within this area should be predicated upon professional geologic en- Seaview Hiphlands gineering studies for each site. 1. Roads should be upgraded with all- Fuir Beach. Because many of the lots in Muir Beach and Seacape have shallow incorporate a drainage plan. sails and steep slopes, development approval should be dependent. upon ade- quate soil characteristics for properly functioning septic systems. All 2. Specific evidence of a reliable so septic systemsshould be engineer-designed. Development should be sited and assured for each lot prior to the issuance located to protect Redwood Creek, its alder grove, and the lagoon at its construction. mouth. Timber Cove. On lots fronting Highway 1, Ocean Cove. New development should preserve coastal views and existing serve more than one lot. An archeological visitor serving facilities. New or expanded visitor-serving facilities should be limited to those lands of the present motel, restaurant, store Pacific View Estates. Development.of the. and Stillwater.Cove Ranch. Such development should be of moderate scale subdivision should be subject to height, b and of compatible design. mize the visual impact of development. Doc sewerage disposal capabilities should be re Salmon Creek. All further construction should be prohibited until the RWQCB ieptic systems should be engineer-desigmed and County Health Department implement a program solving the present septic dards of the North Coast Regional Water Qu. system problem. Serena, del Mar. S_Vranon No additional construction or intensification of use should be allowed at the Bay facility until the County and Commission have approved a 1. Individual and subdivision-wide 1 master plan. continued as a part of individual developm Lawson's Landing. Permit a moderate expansion (up to 50%) of visitor serving 2. Prior to continued development, th facilities based upon a master plan approved by the.Commission that pro- gram established for septic system mainten vides sanitation improvements approved by the RWQCB. Give priority to develop- This program should lead to establishment ment proposals that would maintain Lawson's Landing as an area of moderate- cost vacation housing and as a fishings swimming andclamming area. Bodega Harbour Construction should confoiT, Coastal Subdivisio .ns. standards of the subdivision. Specific era incorporated;in the design and constructio The following provisions should apply to all coastal subdivisions: 5% slope. Oceana Ma:-in. The undeveloped northerly 1. The visual impact.of construction should be controlled via-regula@ should be maintained in agricultural or pu] tion of size, height and architectural design of structures. Bay Preserve CC & R's should be amended to efforts to prevent landslides, slumping or 2. Where appropriate, public access to tidelands should be assured. taxance in the common areas. The undevelo 3, 4 and .5 should be dedicated as commons 3. Adequate water supplies and sewerage disposal should be a pre- Seadrift. Reserve Seadrift entrance area requisite of construction and subdivision build-out should be phased to re- 'Vay -and limited beach parking. No intens flect the limitations of existing community services and facilities. should be allowed on the Seadrift Beach. Sea Ranch.. Seacape. Because of steep slopes and mar not be acceptable for septic systems. All 1. As a condition to continuing development, a program of tree removal based upon engineered testing, design and. and trimming to preserve public views from HighwWJ 1 should be continued. RWQC.B standards. E-9 Sonoma Coast South of Jenner MM RUUL LANDS The rate of development will depend upon a parcel-by-parcel determination Isolated Small Lots under LO Acres. In add. concerning the viability of continued agriculture and the compatibility of in or near coastal villages and subdivision any proposed conversion with continued agriculture. Permitted alternative scattered along the Marin and Sonoma coasts uses should maintain the open character of these lands. to about 40 acres in size. The avallabilit soil conditions for septic systems, and oth Tomales Bay not considered in their creation. Generall@ follow the following guidelines: Agriculture should be continued on the east side of Tomales Bay. However, where grazing lands are within urban expansion boundaries or where 1. Subdivision of parcels of less ths, lands have a high recreational- use potentiall alternatives should be considered. not be allowed pending local coastal prograi Some overnight camping facilities should be established in the Tomales Bay , area. Each proposal should be evaluated as to environmental constraints, 2. Existence of adequate water suppl:- water supply, aesthetic effects, impacts upon adjacent agriculture and evidence should be a prerequisite for development ap of unmet demand for such facilities. 3. No construction should be permitte4 San Francisco lands nor should fill be permitted in order TheImajor coastal issues in San Francisco involve the ultimate develop- Control Board standards for leachfields. ment of the old Playland site, zoning in the Richmond and Sur-set districts, 4. Russian River floodplain: sewage treatment plans, plans for the GCMA, plans for zoo expansion and the a. No construction should be allt -0 future of the Presidio and Cliff House areas. essential transportat4 n and utility transm- floodplain, or-ly open uses that can withst Residential DeveioDment agriculture, industry, or recreation, shoul( All major development should be subject to local design review, including b. In the 100 year floodplain, consideration of scale, height, bulk and color, to Federal HUD flood insurance guidelines, open space, and agriculture. Presidio C. The low-lying -lots on Steel Open areas of the Presidio should not be developed. Obsolete military for permanent residential construction. structures should be used for urban recreational programs when this can be done without interfering with Presidio operations. d. Existing mineral extraction expanded. Iobos Creek Area Development proposals should include special measures to protect against large Holcings for ALricultural and Timber trampling and erosion that could lead to loss of the rare plants and de- Review of applications for subdivisions and gradation of Lobos Creek. reauests should consider the viability of Fort Miley iniacts of proposed development on the cont The remaining bunkers and headlands should be opened to public access. North Soncr-.a Coast. Continue agriculture o Sea Ranch to Jenner. Further divisions of Cliff House Area River to the RuasLan River, in addition to take into account the coastal road system c Continue the commercial activity historically located at the Cliff House. demonstrated by the owner that agricultural Further construction along the bluff to the north and east should not be activities are no longer economcally or ph3 permitted, except for small National Park.Service visitor center built uses that would retain the open character of below the line of sight from the roadway. priority. In some cases, very low density pear-nutted as clustered units to allow conti Pl&vland land. Allowable gross densities should or the local coastal program, and on an inter PjW multiple use development plan for the old Playland site Should in- more than one dwelling per 50 acres on leve] clude adequate coastal-related commercial, facilities. on steep inaccesible lands. E - 10 (h), Because of the dangerous surf, th Setting of Tennessee Cove, it should remain via hiking trail, and no private vehicle ac Cove. Zoo (I) Because the Fort Cronkhite area a Zoo expansion should not be allowed to reduce present levels of pedestrian modate relatively high levels of use, some and vehicular access to the City's coastline. racks and structures, would be suitable for Iake Merced (J) The existing campground at Kirby size. No new development should be located on scenic open lands around Lake Merced. Guidelines for Stace and local Parklands Sewage Treatment Pl&ns General Development proposals should meet the following criteria: (a) Campsites should generaJJy not be use facilities. (a) If reclamation and reuse of the City's waste water is presently unfeasiblei the plant and pipeline design will facilitate a future reclamation (b) In portions of the Point Reyes Na option if it becomes feasible. owned areas, appropriate agriculture and t encouraged. (b) There is no superior alternate for the plant location to the Lake Merced sitep either in San Francisco or in northern San Mateo. (c) Wherever possible, parking should pedestrian crossings. Roadside and bluffto@ (c) The plant and its outfall. are designed to .withstand potential out as alternate locations become available seismic forces without ureue risk of massive pollution. (d) Only minimal roadway improvements (d) If located at Lake Merced, the plant has beendesigned to be modate buses and bike trails should be perm; primarily underground ard substantial portions of the site should be land- scaped and made accessible for outdoor recreational, open-space use or Zoo (e) Development of roadside vistas an expansion4 encouraged with the California Department o Objectives for Federal Parklands State Parklands (a) The Golden Gate National Recreation Area should provide.a moderate level 1. Tomales Bay State Park Continue day u of recreational development within its boundaries. level. (b) Higher use areas, including overnight facilities, are recommended 2. Cypress Dunes: If established to be co for the fo=er military lands of the Marin Headlands. source protection, an approxLmate doubling priate. (a) Camp areas should be constructed in stages, ,dth the need, use, and Impact of the facilities carefully monitored by the National Park Service. 3. Willow Creek: Development of day use f newly acquired State park in the Will-ow Cre (d) Use within the Point Reyes National Seashore should generally re- from the sensitive marsh at the lower end o main low. 4. Goat Rock: Limited overnight camping s (a) Additional overnight camping facilities at the South end of Stinson camping facilities should not interfere wit Beach park may be appropriate, but should not be located on the sand beach. 5. Fort Ross State Historic Park: Develop (f) Recreational areas should be located at Drake's beach, the two the Fort Ross Park should include a histori main Point Reyes beaches and Santa M&-ia Beach, while access to the Double camping facilities, skindiving coves, and d Point area should be 11mi ed to protect its fragile and valuable marine lands should be leased for agriculture and enviroment. mitted where these would be compatible with (g) Private vehicular access to Point Reyes Nati=2 Seashore and 6. Salt Point State Park: Additional deve Tomales Point should not be developed above present levels, approximately 200 campsites should protect area west of Highway 1 primarily for day-us E-11 CENTRAL COAST DALY CITY County Parks: 1. Increase access to-the coast by developing Thornton State Beach and improving the Mussel l. Miller Park: Continue the limited day-use at its present level. ation. 2. Bolinas Lagoon: Limited day"use facility development should be p- 2. Avoid alteration of unstable bluffs to acc ed, subject to preservation of the wildlife habitat, not permit replacement where structures have b removed due to geologic hazard. PACIFICA Pacifica North 1. Increase access to coastline by placing st appropriate locations. 2. Preserve existing views to the sea from P portions of Highway 1 by designing development minimize visual obstruction. Sharo Park 1. Strengthen low-moderate cost, small-scale similar Lifill development. Concentrate corrne at least one block away from Beach Boulevard- 2. Encourage coastal access by improving I@aac or path to beacht and provision of ing on the beach itself. a@eqjxate p 3. Encourage alternative transportati@o_-'@. 4. Any proposed construction adjacent to Jjeac erosion control program. 5. Uses other than residential and recreation Palmetto to existing public services, and all well buffered from the residential areas. Mori Point 1. New development should not be allowed to d to impair restoration and preservation of the 2. Encourage appropriate, carefully-designed development of Mori Point lands. JE- 1.2 3- Avoid development on unstable and highly Y DFVUS SLIDE 1. Any improvement to Highway One such as a b contain a maximum of two lanes with a passing existing alignment should be retained if feasi limited, safe access points to the beaches. 2. Because of-the instability of the bluffs, services, and the highly scenic quality of Dev-. be concentrated to the north (Pacifica) and so MONTARA, - MOSS BFACH 1. Infill of existing partially built-out sub should be encouraged. The agricultural greenb should be maintained. .4. Maintain views from Hwy. 1. New development should be designed to have minimal visual impact and to be compatible with the major landform, the headland. 2. Any development of public facilities shauli of the state highway, including picnic-vista p 5. Any major development west of the highway should reserve adequate public fragile coves, adequate unobtrusive parking an access to the headlAnd area, and maintain traffic safety at the intersection a continuous coastal trail, and highway traffi with Hwy. 1. access to recreation access (west of highway) east of Highway One). Rocks= Beach 3. Offshore water quality should be improved 1. New infill development and public works projects should be designed to habitat area north to San Pedro Point, develop have minimal impact on views to the sea from the highway (limit height and program to avoid the proliferation of cliff-fr bulk, retain view corridors). and treatment of paved-area.runoff pollutants. 2. Limit development outside the established commercial/residential area 4. Development should be sited and designed to to uses requiring little or no alteration of the steep hillsides and to r6- cypress trees in the highway viewshed, and sele development/reuse of Rockaway Quarry pursuant to an adopted master plan. should be provided in new development. South Pacifica 5. Community character should be maintained b, 1. Retain wooded appearance of Pedro Point residential. area; inf"I develop- scale buildings (one-two story),, rustic archit ment should be designed so as to preserve existing trees and augment their developing highway design controls through sce numbers by additional. plantings Aien necessary. possible. 2. New develonment should not be permitted to further degrade the water quality SFAL COVE - WEST MOSS BKkCH of San Pedro Creek. 1. New development should be concentrated in 3. Coastal recreation access. should be increased with the establishment of a not be allowed in areas of seismIc hazard or,w path along San Pedro Creek to the beach. readily available. 4. Upgr ads and provide. better mainenance of parking and public fa cilities on 2. Adequate parking, management (rangers, fen the city beach, and restrict further development of the open beach for com- supportive day-use facilities should be provid marCial or residential'uses. scenic and least fragile uplands. 5. Limit extent of urban development to already subdivided areas. Maintain 3. San Vicente and "California Street" creek =ban/rural boundaries south on Hwy. I from the San Pedro Road intersection. should be preserved and maintained, and withdr to existing public water supply and agricultur 4. Public vista points should be provided on coastal trail behind Vallemar Street-Wienke E-13 5. Community character should be maintained by continuing generally small-scale 6. Visitor-serving facilities, including c buildings (one-two story), rustic architecture and materials, and developing recreation uses, should be given priority on highway @esign ccntrols through scenic highway designation if possible. near the coast. PRrNCETO - PILLAR P0171T 7- Carefully planned shoreline erosion cont to protect existing pulic investments such a 1. Marine industry expansion, commercial fishing support facilitiesl and south of Pillar Point Harbor to Arroyo de en cornercial-recreation should be encouraged compatible with the scale of the surrounding area and within the existing developed area. Viable agricultural 8. New development along Arroyo de en Medio @arcels should be maintained for suchuse. and Frenchman's Creek should observe adequ preclude the need for retaining walls,.gra 2. Outstanding coastal views should be protected by restricting height of removal of riparian vegetation, or destruct development near the water to a ma)dr=, of two stories with no further prevent flooding. shoreline alteration., Pzta3'-n the visual corridors from Highway One'through town to the harbor; and retain sufficient setback from the water to provide 9. Development within the watersheds of th pedestrian vista points.a continuous trail, and access to water where appropriate allowed to degrade these' streams or their h for recreational activities. ability for future restoration of the water energy dissipationand on-site disposal of Alteration of riparian vegetation along Denniston Creek and around the considered as necessary to mitigate adverse the marsh should not be permitted. @Levels of water withdrawal from the creek and ground,,mter basin should be limited to protect the wetland habitat. 10. Further subdivision or commercial devel FALF YWII BAY Country Club development project should pro type of new development has been revised to services, the provision of adequate public . 1. Because of the ILmited water supply, sewer, and highway capacity serving this maximization of shoreline views# open space area, and.also to protect productive agricultural lands, urban development should be concentrated in those areas already subdivided and.committed to urban use (e.g. writh existing development, urban services, and capacity to accommodate inf I I I ). New subdivisions, small land divisions , and extension of urbin services should not be permitted outside of already-committed areas. Within agricultural areas, the use of Wi_Uiamson Act contracts should be encouraged, and aggregation of small parcels to create economically-riable agricultural units should be considered. 2. Where major development is permitted in already-committed urban expansion areas, internal circulation should be provided, road openings onto State Highway One should be minirazed, and a scenic shoreline drive should be provided to al-I evi ate resident/conmuter/sight seer competition on the highway. 3. Within developed areas, new development should be designed to preserve existing open views to the sea from Highway One and to maintain the small-scale residential character. 4. New residential development should contribute to a local park development program to accor=odate residents, recreational needs and to alleviate pressure on state and county parks. 5. Additional well-@marked paths and roads should be provided to increase visual and physical access to the coastline, including a two-lane scenic drive with bike path andvehicle turnouts generally following the easterly bourdarl of the state beach and proposed county beach from Miramar to Seymour, Avenue, a bike/pedestrian path from Seymour to,Redondo Beach Road, a pedestrian trai-I from Redondo Beach Road south to Purisima Creek* parking facilities on a portion of the Half Moon Bay dump site (Arleta Park) and at the end of Miramontes Point Road, and a'trail and stairway as required to provide safe access to pocket beaches. E-14 d. In the North Swanton Road enclave, prior to any additional develop ment, a plan authorized by the Regional Commission in 1976 which analyzes SAN MATEO SOUTH COAST -SANTA CRUZ NORTH COAST ment, a plan authorized by the Regional Commision in 1976 which analyzes 1. Public recreation and coastal access: Improve access to and facilities design, geologic stability, water, septic tank suitability, grading, and aged. Development of utility capacity and a design plan to accommodate a vegetate eroded areas and provide additional safe access between Pomponio and visibility should be prepared. and marsh, restrict develop,ent to upgrading existing visitor accommodations and improving maintenance. Any development of the Franklin Pt, Dunes area a e. In the Davenport residential area, rehabilitiation of older houses the beach area from Ano Nuevo south to Waddell Creek should consist only of and school buildings for continued use by present residents should be encour- minimal centralized parking and sanitary facilities. The preservation of the area for its special geologic, biologic and habitat values should be the major aged. Development of utility capacity and a design plan to accommodate a priority. Overnight facilities should not be provided as the area should remain a day use nature study and observation area. small or visitor-serving facility compatible with the existing scale Expansion or improvement of the Pigeon Pt. Hatchery should not be allowed and rustic character of the town should also be encouraged; some residential to compromise customary public access to the beach and water area. Improvements growth, including adequate farm labor housing and low-cost housing for industional workers, shoudl be expected. Ensure that in the Silverking Oceanic Farms to the existing buildings or construction of new buildings should be low- operation at Davenport Landing, public access to the coast is maintained and lighthouse. onmental damage. 2. Agriculture: Encourage agriculture by measures such as providing buf- 5. Waddell Bluffs: Any disposal plan for cliff erosion spils cleared fers between agricultural and recreational areas, limiting land divisions that from the roadway and presently stockpiled until a safe method of disposal can would be incompatible with the continued economic viability of agriculture, be determined should not have a negative impact on the marine environment, dis- developing farm labor lousing in existing rural centers, and encouraging rupt views from Highway l, cause parking areas to be constructed at improper partricipation in tax incentives to retain land in production. locations, or remove significant vegatation. 3. Wetlands and Coastal Streams: Development shoud not significantly 6. Ben Lomond Mountain: Retain the forest and agricultural production degrade any coastal streams or wetlands and should not have a significantly areas by limiting land division to parcel sizes necessary to continue either adverse impact on the wildlife habitat values of water and reiparian areas. operation. Concentrate permitted residential growth in the existing enclaves New development shoudl not impair the possibility of a restoration program for of Bonny Doon, Swanton and along Empire Grade. Protect Santa Cruz Cypress groves. any stream or marsh, with particular emphasis on the Pescadero Marsh. To effect a transition bewtween urban housing and upland grazing, development 4. Development Patterns: Limit small-parcel,non-farm housing to rural on the west side of Western Drive (Meder St.) should be clustered "rural centers able to accommodate additional development and to build-out of existing residential" and low-density. Buldable areas should be minimized to avoid small-lots enclaves (Bean Hollow, North Swanton Road, Tunitas Creek) where excess grading, to avoid degration of Moore Creek, to reduce slope-failure appropriate, Prior to continued build-out of non-farm hazard, and to protect outstanding public views. housing on larger parcels, an analysis of the impacts on water supply, agrio- culture/time, wildlife habitats, and the scenic qualities of the area should be performed to assure no significant impact on these resources. a. In Pescadero, a safe and adequate water supply for domestic purposes should be found prior to any additional development. New development should be limited, reflecting the rural character of Pescadero and not impairing adjacent agr iculture. Recreation shoudl be limited to a few attractive support facilities. b. In San Gregorio, development should complement the size and archi- tecture of the existing structures. c. In the Bean Hollow area, a limited water supply and lack of on-site watewater disposal capacity may preclude some lots from developing. New development should avoid obstructing views to the sea, requre minimal altera- tions to the land, and not affect the agricultural uses of surrounding large parcels. SANTA CRUZ URBAII AREA Beach Area 1. New development in the Beach Hill.neighborhood should be limited to three stories in height and should be compatible in design with the character of existing Victorian structures (e.g., by breaking up facades and rooflines and by using compatible colors and materials). before approval of any additional berthing 2. Adequate on-site parking should be provided, screened from public use should have priority'along the edge of the areas If possible. 2. Parking to meet currently competing nee 3. Archaeological and historical resources should be protected by appro- corrmercial-recreation, and adjacent residen priate measures, determined on a case-by-case basis. where possible. 4. Existing low and moderate income housing units should be maintained by 3. Views of water and harbor from public r rehabilitating repairable structures. Conversion to condominiums should not cial facilities should be maintained. be allowed i-licre it would reduce low and moderate income housing, transient housing, or recreation-visitor housing. 4. The area surrounding the harbor should story (25 feet) maximum height as a means o 5. The boardwalk ard wharf should be maintained, and continued improvement low'and moderate income rental units, and of visitor faciliti@es should be encouraged adjacent to the ocean. However, no new major ccmmercial-recreation facilities should be built without traffic 5. Beach access an the west side of the ha circulation imorovements to accommodate their impacts. Buildings on the providing stairs and parking. wharf should be 1--mited to one story. View areas between building clusters should be maintained, and pedestrian ways provided between buildings and on 6. Day-use facilities such as picnic groun the edge of t@ze wharf. New uses should have a maritime character, such as upper harbor. seafood restaurants and tackle shops. No additional parking should be allo,,.*ed an the Live Oak CaDitola 1. Rehabilitation and preservation of axis 1. In the irmediate village area of Capitols, either a-parking district housing should be encouraged. New developm should be established to provide adequate public parking nearby or each scale and densitiIes in developed areas. development should be required to meet its own parking needs on-site. 2. New development should be in accordance 2. Alternative circulatio In should be encouraged, e.g. a mall an Esplanade Lake restoration plan. between Stockton and Monterey Streets, a shuttle from remote parking lots, 3. Development proposals within commercial or a bridge over Soq .ael Greek to keep through-traffic out of the village. recreational support facilities such as dry 3. The present mixture of types of uses in the village area should be 4. Views of the ocean and adjacent wetland continued, especially encouraging visitor uses. New development should E. Cliff Drive view corridors, maintaining maintain the scale and character of the village area. Corcoran Lagoon, Moran Lake, and Schwann Lai on the inland side of the frontage road whe 4. The existing density and architectural style on Depot Hill, an historic residential area, should be maintained. 5'. Adequate vehicular capacity for out-of-i Yacht Harbor Area beaches should be retained by matching futu3 capacity to the projected circulation patt 1.@,Alternative access for non-boat users to the Yacht Harbor area (e.g. by bus, shuttle, or bicycles) should be encouraged. Alternatives to more irt- water berths, such as dry storage or a newlaunchramp, should be considered E-16 SOUTH SANTA CRUZ COMM La Selva Reach ELKHORN SLOUrGH ESTUARINE COFTLEX 1. To prevent scattered development on adjoining agricultural lands, new residential uses should be located within the existing La Selva Beach com- munity boundaries. Because the Elkhorn Slough system is on remaining estuaries and wetland habitats in 2. Before new development is allowed, water supplies should be shown to be management principles should be observed in adequate to ensure that no increase in saltwater intrusion or depletion of 1. Removal of riparian vegetation I, except agr#ultural water sources will occur. habitat values, should be avoided.' To mi 3. Because the Monterey Pine forest is a significant scenic resource, new estuarine habitats, new landfill, diking, m developments should be designed to avoid tree removal and should be required dredging operations in wetlands should not to plant native trees.to maintain the scenic quality of the area if native be necessary for maintaining water circulat trees are removed. No further planting of pampas grass should be allowed. 2. Major new developments should be avoide 4. Public beach access and parking should be improved, through the Manresa charge within the Elkhorn Estuarine complex State Park Development Plan currently being prepared, by improving the New impervious surfaces over recharge areas The cumulative effects of demands o@ ground appearance of the parking areas, providing adequate sanitary facilities safe yields. and new native plant landscaping, establishing a bluff erosion control program and constructing a new stairway down the bluff to the beach. 3. New developments should rot significant San Andreas Road views from State Highway 1 and scenic EZLkho possible, be sited within the valleys (Fall Walker Valley) inland from Elkhorn Road. N 1. Access stairways should be built at appropriate locations along bluffs within highly visible areas should be of na to the state beaches, with provisions to reduce erosion and allow safe subject to design review procedures. access. 4. Removal of native trees, particularly o 2. Significant wildlife and special habitat areas located from Highway 1 should be discouraged. to the coast should be maintained, especially the Santa Cruz long-toed salamander and other rare and endangered animal and plant species habitats. Because runoff from the areas draining particularly during the rainy season, can r 3. New development and access roads proposed in the live oak, mixed woodland sloughs, grading or landfills in the waters areas on the rolling hills west of Highway I to San Andreas Road, from the bed surfaces should be prepared and maintai community of La Selva south, should be designed and located to minimize erosion control measures should be required grading and to maintain maximum vegetative cover with retention of identified t.han 20 percent. specimen trees. Buildings should generally have exteriors of natural colors and raterials. 6. Where building, site conditions do not p velocity dissipators should generally be us 4. Land divisions that would contribute to the conversion of agricultural an unprotected channel. lands or that could result in parcel sizes uneconomical for continued agricultural uses should not be approved. 7. New point-source discharges of pollutan 5. New residential development in Pajaro Danes should not be allowed to or the estuarine complex. significantly reduce theimatertupply available for agricultural purposes. S. The creation of new parcels should be a Encourage the continuation of the Watsonville Slough Restoration Study re- ment of water resources to serve the potent quired as a part of the existing Pajaro Danes development. Large scale the availability of reasonable water suppli agricultural operations in the Pajaro area should minimize effects of agriculture, and to the lagoon complex; and agricultural drainage waters on Watsonville Slough, through coordinated connections to.new building sites will not watershed pl=ning efforts. damage; and (3) agricultural land parcels w 6. Riparian yegetation along the Pajaro River, the major watercourse in viable units, the areat should be maintained and where possible restored. 9 Existing trails traditionally used for 7. Bicycle and hiking paths along the Pajaro River levee should be connected shoreline should not be blocked by new deve located adjacent to the oceanr the Paj3ro R with Sunset State Beach and other appropriate bike paths. wetlands should provide access to these res E-17 IDWER SALMIAS VAUZf 10. Existing gra'zing, acriaculturet and other agricultural uses should be encouraged and favored over conversion to residential, commercial, or recrea- tional uses. 1. Because this area is largely prime alliculture should be encouraged by maintai 3.1. Public access to and use of slough areas, coastal parks, trails, camp- and quality, controlling public access, and grounds, and other recreational facilities and areas should be controlled as to those necessary only for the maintenance necessary to prevent environmental damage. 2. Private 4nd public recreation shoul 12. Commercial fishing and related facilitiesl mariculture, and sport fishing ficant degradation of natural resources wi should have priority over other uses in the water and adjacent land support room facilities on the existing state and c areas of Moss Landing. The next priority for uses should be tourist commercial better maintenance provided.. and wat er-or4 eit ed activities. Special effort by the harbor district should be 3. Removal of marsh and riparian veget directed to solving harbor waste problems, including the control of for enhancement of wildlife and habitat val paints and bilge tank waste discharges. wetland habitats, landfill, diking, manipul gates, and dredging operations in wetlands MOSS IXIMIlTr@HIGuWAY 1 CORRIDOR necessary for maintaining water circulation 1. To-help preserve the North Monterey County cultural heritage, homesteads, 4. Grading and land clearing that caus barns, depots, landings and other features dating from the 1800's should controlled to prevent any siltation of the not be destroyed until the county's historic preservation officer has appraised care should be taken to prevent ary adverse the historic value. The more valuable of these should be protected from decay tional Wildlife Refuge and the surrounding and destruction through relocation or preferably within their original sur- roundiNs. 5. Activities appropriate to the coast lated to minimize environmental damage. L@ 2. To prevent the irretrievable loss of scientific information essential to vegetation, mitigation should include repla the understanding of the Elkhorn Estuarine complex, no significant archaeologic 6. Because of the Problems of I saltwate site should be disturbed except ur4er the supervision of a professional archae- ologist approved by the State Historic Preservation Officer. Valley, the use of reclaimed wastewater sho possible water source for irrigation. Addi 3. New development and intensive recreational activities within the coastal. Should be developed for the groundwater a c1une fo-zations should be discouraged. Upon any alteration of dune vegetation, mitigation should include replacement by.native plant species. WEST MAR121A 1. The dune complex south of Beach Po condition as possible. Avoid corratment, of existing uses (sewage plant, sand plant) ar Animal Shelter. 2. New development should not be allow Or Polluted runoff into freshwater ponds. 3. Development should be allowed only area, and Should be phased.with the provisi Open space and recreational are". E-18 MN7_7REY_ PMNSUIA 3. To ensure that each development will be so General convenient parking, provision of parking, both and in the surrounding area, should be phased 1. Development proposals for Laguna Grande should maximize provision of public recreation facilitiesq including parking, picnic areas, trails, boatingp 4. Shoreline sites should be reserved for to and fish stocking programs. facilities that would enhance access to and us 2. To prevent pollutants and sediments from entering the lakes and to protect recreational uses, any development adjacent to the lakes should be designed to 5. To protect the intertidal marine environne prevent adverse effects, and in the case of major projects, should provide such as new pilings, shading of water areas, o baseline data'or water quality monitoringprograms. should be avoided. Water recreation should be managed beaches, trails, and diving areas wit 3. Recreation and open space uses should be given highest priority on the 6. Further encroachment of structures over wa remainirg undeveloped waterfront parcels. of present encroachments should be fully consid 4. To avoid expansio In of permanent water demand until an alternate water source any new development along the shoreline. is avallable, replacement development should be limited to a use level similar Pacific Grove to that of previous uses, and new uses that would require very large amounts of water should be avoided. I. To protect and restore this historic dist aspects of new development ( including archite Dunes (Sand C--tv-Seaside, Monterey) landscaping) should be reviewed,and inappropri 1. To avoid destruction of coastal res Iources, any commitment of =developed existing str-actures should not be permitted. dunes such As installation of utilities or roads or the division of land 2. Design of new public or private devel,opme should be avoided until develop ant and preservation options have been explored. m maintain the visual prcminence of the Dine for any additionalview blockage on the oc@an side 2. Development in Del Monte Dunes subdivision #1 should be in scale and should be restored by implementing a program o character with th@ exiisting development. Prior to development of any additional the Highway 68 commercial strip. dune areasa recreational corridor and beach access plan that would minimize disturbance of the dunes and provide improved circulation should be established. 3- I@ncourage local or Peninsula-wide alternat particularly using the railroad for beach and 3. To limit shoreline erosion or beach sarA depletion, sand mining operations bicycle trail system. should not be expanded until littoral cell impacts and alternative sources of sand have been analyzed. 4. Retain existing public botanic reserves at dines. Licourage establishment of additional 4. ?Lture development should be designed to protect views and should provide existing residential parcels in the dunes to r well-desi&-ned recreational facilities such as hang-gliding, beachcombing, camping for endangered plants. and hosteling, hiking, and a continuous bikeway to meet existing and projected needs. Cannerv P74 (City. of Monterey) -Del Monte Forest and AsilomarDunes Area 1. To provide maximum visual and physical access to and along the shoreline, especially '.bet;jeen. Car-ne-y Pow (the itreet) and the shore, any new development should include accessways for sklndivingt beach use, and a continuous pedestrian walkway along 1. Scenic views seaward from 17 Mile Drive ar the edge of the bay. tected from further encroachment caused by t forested sk-jline of Monterey Peninsula as seer 2. To protect the historic nature of the area, the scale of new development Monterey, such as the beach, wharf or State Vi should be restricted to the height and bulk of the old cannery buildings, and the existing cantly altered by removal of large numbers of structures should be rehabilitated and used wherever feasible. A pedestrian scald should be emphasized, using landscaping, pedestrian walkways, view 2. The unique botanic resources of old-growth spots, and street level shops, and avoiding blank ficades and large expanses of the Gowan cypress-Bishop pine forest, native'd paying- and endangered plant habitats should be protec: disturbed at all. CARMEL RIVER 1. Removal of riparian vegetation &long the C enhancement of wildlife and habitat values, sh the potential destruction of the estuarine lag diking, and manipulation of tidal and water fl not be permitted unless necessary for maintai n: ducing sedimentation. 2. All substantial future growth should be co neighborhood such as Carmel Point, Carmel Mea6 protect the character and integrity of these r zoning.densities within urbanized neighborhood 3. To the maximum extent feasible new develop cultural floodplains; in estuarine, dune, riDai cypress habitat areas; and (beyond existing u'r of Hwy. 1, Carmel River State Beach, or Pt. Lo 3. Outside of the' unique botanic habitat areas; protection of individual trees ment should not be allowed to significantly bl of special value due to size, age, scenic or scientific interest should be Road and Hwy. 1. encouraged. Where aD ropriate, development proposals should include a native plant restoration and management program, including protection from development 4. New developr@ent should not be allowed to b and recreational use impactsy eradication of competing non-native plant species, public access routes to the shoreline. Howeve and where other alternatives are not feasible, relocation of individual speci- carefully controlled and managed to prevent adi men plants. Alteration or grading of dune formations should be avoided. Where mental impacts. native forest trees must unavoidably be cut to accommodate development, replacement by native species should be required to maintain the same amount 5. Hwy. 1 south of the Carmel River should be of forest cover. configuration as a scenic highway for recreati development in undeveloped areas south of the 4. Ne@ residential and commercial recreation development, other than infilling the limited capacity of Hwy. 1 to accommodate Of existing residential lotso should provide evidence of an adeq residential and recreational tra�fic. New conr term suPPlY of water. uate long- should be limited. 5. Traffic generated by such develo 6. Division of land to create new building si Pment should not be allowed to impair (1) the additional water supplies needed by-th local and reg4onal coastal access on State Highway 68. Public access should be given pr*ority, including foot, bicycle, equestrian, and public transportation not impair the vigor of riparian vegetation or access methods. Water supplies to other property owners; (2) t '(3) the DOtential buildings, and the stable; 6. The need for artificial flood channels should be avoided. Downstream tions to the new building site(s), will not mai damage the landscape and commonly owned access drainage problems caused by the cumulative impact of increased impervious sur- utilized, wherever [email protected]; and W suitable c face areas Within the various watersheds of the Del Monte Forest should be operation exist at each building site. carefully evaluated for each development proposal larger than an individual dwellirg, and potential adverse effects mitigated by appropriate conditions. 7. Until existing, partl@-developed enclaves o 7. Outstandirg tide pool and marine algae habitats should be protected from stantially filled in, public utilities should recreational ov6r-use or harmful pressures for collection. undeveloped areas. S. Grading and road-building activities should 8- ZV&*Ision of the Asilomar Conference Grounds, a major public facility, vent erosion and siltation. On slopes greater should be cor-s-idered only after transportation, parking, water supply, and should be adapted to the landform so as to Tdxd habitat preservation needs are met. 9. Within forested areas, removal of healthy n 9. The e-dsting railroad right-of-way should be retained as a useful transpor- only where unavoidably necessary to accommodate tatiDa and, r.ecteation corridor. In order to maintain net forest cover, trees r possiblep with native species. Individual nat scenic value, or scientific interest should be E-20 BIG SUR COAST 1. To maintain the Big Sur Coast as an essentially unspoiled and unparalled scenic asset, new development should be limited to low-impact recreation and residences ard a small number of visitor-serving facilities. New energy generation facilities and open-pit mining should be avoided, if possible. SOUTH CENTH Lxisting grazing, aquaculture, and other agricultural uses should be encour- aged to remain. SAN LUIS OBISM COUNTY 2. Highway I should be maintained in its existing two-lane configuration and, because.of limited capacity, should remain as'a scenic highway for recreation 1. PIEDRAS BLANCAS and locall access. Residential buildout levels should be adjusted to reflect Because this is the southern-most port the limited capacity of Highway I to accommodate the expected increase in both residential and recreational traffic. Public.and commercial recreational' pletely undeveloped or used except for cat developments unrelated to existing needs or deficiencies should be discouraged. Greek, the following guidelines for this r 3. Allowable development and residential buildout levels within each major a. Viewshed: Development should be s drainage basin should not exceed the safe annual yield fro@ known water supply interfere with the scenic views from State resources within the basin,including allowing sufficient stream flow to maintain be sited within the valleys inland from St stantially within the scenic view to the S the annual ana-dromous fish runs at present levels. Riparian vegetation should be maintained, and permanent dams and diversions should be avoided. b. Habitat Areas: Removal of ripari of wildlife and habitat values should not 4. Division of land to create new building sites should be allowed only if strictly controlled to'prevent siltation o (1) water supplies are adequate; (2) the building site is seismically stable; marshes. Use of surface or groundwaters s (3) the notential buildings, and the access road and utility connections to the habitat areas within the streams, wetlands new buil@irxg site(s), will not max public views or irreversibly damage the landscape,ard =-maonly-owned access roads'and entrance drives are utilized9 c. Development: Any development betw iiherever feasible; and (4) suitable conditions for septic system operations should provide public access where appropr exist at each building site. be lower-cost and visitor-serving recreati 5. Until existing, part ly-developed enclaves of subdivided lots are substan- tiall'i filled in, public utilities should not be extended into surrounding 2. SAN SIMEON VILLAGE undeveloped areas. Because this small coastal village prp 6. The location and design of new residential development should be subordinate ment of the entire San Simeon areat any de to the landscape; compact, rustic structures using local wood and stone and character of the houses and stores and exterior materials should be favored. The protection of native vegetation to the existing village. patterns and species should be encouraged; the introduction of exotic ornamental species should be discouraged. Lndividual native trees of unusual size, age, scenic value, or scientific interest-notabll redwoods, Santa Lucia fir, and 3. SAN SIMEON ACRES several species of oaks-should be protected. a. Dpveloi)ment Pattern* Development 7. Grading and road-building activities should be carefully regulated to pre- subdivided area of Arbuckle Tract. Touris vent erosion and siltation hazards. On slopes 30 percent or greaterl foundation highest priority and other highway conunerc designs.should be adapted to the slope so as to minimize the need for grading. should be limited to supporting the commer 8. Where a significant archaeologic site has been identified, it should not. should provide access to and along the top horizontal access along the bluff top is be disturbed except under the supervision of a professional archaeologist approved by the State Historic Preservation Officer or the Regional Officer of b. Community'Desim: Care should be the California State Archaeological Site Survey Office. bulk, and overall design do not detract fr from the highway. Sign control and the 9. The amount of public use of forest and shoreline access trails, campgrounds directional and informational signs would and other recreational facilities should be controlled in accordance with the from the highway. ability of a responsible government agency or comrercial recreation operator to supervise and assume liability for such use, particularly with respect to c. Urban Services: Water and wastewa resource damage, forest fires, litter control, and public health hazards. accommodate only the buildout of the alre New development should not be allowed to block foot trails traditionally used for access to the shoreline or to Los Padres National Forest. E,21 RURAL CAMMIA. 4. CAMBRIA Because the unsubdivided areas surroundi grazing agriculture along with significant s Because this rural town already contains thousands of older, small sub- that need maintenance, the following guideli divided lots, and because much of the subdivided area is within the southern- most stand of native Monterey Pine. forest and has natural constraints of a a. Agriculture: The economic viability limited local water supply and a limited ability for on-site wastewater dis- by maintaining an adequate water supply, con posal, the following guidelines should be met: ing land divisions to those necess ary for th a. Urban Se-rices: Development should not exceed the.safe yield and b. Resource Protection: San Simeon and existirg basin supplies within the Santa Rosa Creek watershed. Any increase taries should not have their surface or gro in the capacity of wastewater disposal should be designed for capacity only development upstream. Development should no for the presently subdivided area, and should not have a negative impact on either creek. Development in Cambria or fro the surface or groundwater flows of@Santa Rosa Creek. Creek should not impact the biologic product at both creeks./ b. Subdivisions and Lot Splits: Any proposed subdivisions should be evaluated as to whether there are few or no remaining lots of the same pro- c. Scenic Resources: Any development 1 posed.size that have not been built on. Lot splits should not negatively the ocean north R -Cambria should be located impact potential agricultural viability. New lots created from existing sub- fringement. divided land should be larger than 4,000 sq. ft. c. Resource Preser-tation: A tree-planting and retention policy should 6. cArucos be establ:z:xhed using native species to assure the viability and continuance of the native forest cover. Grading should be controlled so that no erosion As part of the on-goihg review of propos results and with no siltation of,Santa Rosa Creek and Estuary. Excavations South Central Regional Commission, it is ant should be sufficient distance from existing trees so as to not damage the lines such as the establishment of maximum h root structures @or i=air the viability of the trees. Only those trees may be adopted by the Regional Commission. necessary to be removed for the development should be removed. Because this small, beach-oriented conmx d. Desicn Review: Care should be taken for design and site development small lots is betweenunstable hillsides and to be subordinate to its surroundings. Such areas are: following guidelines to maintain the scale (1) Corrmercial area - Fmhasize the use of natural exterior materials should be observed: and size consistent with other buildings. Efforts should be made to preserve a. Community Develonment: To maintain t the small individual stores of a small town with foot access from the.sidewalk residential community along the coast, exist on the frontage street. (2) Forested area - Development should leave as many trees on a lot (1) Be built on before any creation as possible with allowable heights up to 30 feet or three stories in an effort (2) Be developed within the size and ,to limit ground coverage. neighborhood. (3) Coastal terraces - All development on the open coastal terrace (3) Consideration should be given to not within the forest canopy should be lower profile with the emphasis on one-story structures along Studio Dri maintenance of views of the ocean. An increase in lot coverage at times may compensate for a lower profile development.' Av enue. (4) The present commercial area betw (4) Moonstone Beach - All areas between State Highway 1 and the ocean Creeks should continue to be develope should maintain a very low profile, such as one story or 15 feet; and should provide a significant view corridor, such as 50 percent of the parcel width b. Bluff Protection and Setbacks: Sea where appropriate. devices should not be constructed unless nece e. D@_,reioume-t Patterns: Single-family residential should be the pre- existing structure. Setbacks on existing sm dominant deve.1=.ment type except within the commercial areas of Main Street. to be less than the statewide guideline if th development to proceed and no shoreline prote Tourist-commercial should be the primary use within the Moonstone Beach Drive for the life of the structure. area. c. Subdivisions: Any proposed subdivis so that they: E-22 (1) Are hot subject to geologic instability such as landslides in 9. BAYWOOD PARK/SOUTH BAY the foothills, or erosion from coastal streams, and The Bayvood@Los Osos area is a.fast-gro (2) Are not located beyond the existin&developed areas and do not tial area with minimal urban services adjace involve extensions of water, roads, and wastewater facilities. along the Morro Bay estuary to the north and Because of the conflict between rapid urbani resources of the estuary and uplands, these c 7. CITY OF MORRO BAY followed- Because this is the center for retail commercial, tourist, and commercial a. Development Patterns: Development sl fishing activities for the north coast of San Luis Obispo County, the'following presently subdivided area. No new lots with guidelines should be observed: be created from larger or smaller lots and p a. Harbor and Waterfront: Commercial and sport fishing should have should have priority for development before priority in the water and adjacent land support areas. The next priority b. Urban Services: Provisions for urbar should be tourist-cormercial, such as restaurants and other water-oriented should meet the following criteria: activities. Public access to the edge of the Bay should be maintained or enhanced where possible in all new developments. Developments along the edge (1) -As part of the on-going review of the Bay should not reduce the usable water space for boats and related -Regional Commission of the reDort "Re activities. Central Coast Regional Commission for b. DeveloDment Patterns: water Disposal at BaywoodlIp November is anticipated that additional guid to meet Regional-Water Quality Contra (1) New development along the Embareadero and between Main Street and fields, may be adopted by the Regio the Bay and south of Morro Bay Blvd. should be low profi2e and provide significant view corridors to the Bay and Morro Rock from Main Street. (2) On lots with separation to gro All new development should provide adequate parking to avoid impacting ered septic systems should be r presently limited street and public parking. by the Regional Commission, a (2) Development within the Atascadero Beach section should maintain presently written should be continuec low, one-stox-y structures between Highway 1 and the ocean, and con- (3) New development should have an tinue to allow-two-story structures, consistent with neighborhood and delivery system with no negative scale, inland from Highway 1. (3) Residential development within the remain der of t.he City south of (4) Development should provide acce Highway 1 should be sited so as to maintain neighborhood views of the all-weather-surface road. Bay, Ocean and Morro Rock. 5) Utilities .north of Santa Ysabel @within Tract 40) should be undergro S. MORRO BAY WATERSM public views of the Bay. Because the Morro Bay Extuary is of statewide value for fish, shellfish and c. Natural Resources: Scenic, signific edge of the Bay (north of Ramona St., along wild3ife, the following guidelines for maintenance and protection should apply: possible or be the dominant landscape featur a. RiLnoff and Siltation: All gra .ding should be carefully controlled to No fresh or saltwater marshes should be fill minimize siltation into the creeks and estuary. Additional erosion contral damaged by any activity. Other areas of sig measures on slopes steeper .than 20 percent may be needed in the future. should have development designed to incorpor Riparian vegetation should not be removed except for stream maintenance and an d. Bayfront Lots: Development on bayfro approved flood control project. possible setback from the Bay to provide pub scenic and wildlife values. Public access t( .b. Watershed and Water Supnly: Areas of groundwater recharge should be provided every 500 feet if possible. maintained and impervious surfaces avoided cr minimized. Groundwater supplies should also be maintained within safe yields, and stream flows in Chorro and Us psos @Creexr should be maintained if possible. E-23 10. AVnA BEACH-PORT SAN LUIS 12. GROVER CITr-OCEANO Because the small beach-oriented village provides lower-cost permanent and visitor accornodations, and the harbor provides water-related recrea- Because these areas offer moderate-c tional activities, the following guidelines should be obsftnred: and wetlands, the following guidelines sh a. Cor-nn-dty DeveloonendU a. Pismo Lake: Any further develop marsh should be sited to minimize grading (1) Development should maintain the small scale and orientation to areas, no removal of significant vegetati lower-cost residential and visitor-serving facilities, with emphasis trees, and provision of public access alo on recreation and tourist facilities within the first three block$ from the beach. b. Oceano Lagoon: Arq alterations tation should be for habitat or water,cir (2) All development should provide on-site parking that will not development along the edge of the water a .impact the already severely limited street and public parking. distance to allow public passage along th (3) Development should be able to provide from the local water district an assured long-term source of supply of water. (4) Historic and archaeologic resources should be preserved or be a prominent part of any development plan. b. Recreation: The Avila Beach community and area should continue to be a primary recreation area for the San Luis Obispo County area. The Point San Luis harbor area should also continue to provide recreational and com- mercial boating opportunities for the area. Ar7 harbor expansion and develop- ment should,emphasize recreational. boating and commercial fishing as its highest priorities consistent with protection and enhancement of the marine resources. Ar@y new port development should be considered for its. impact on the Avila Beach co=nuiity. n. PISMO BEACH As a center for recreation and one of the accesses to the Pismo Beach and dune con plex, the following development guidelines should be observed: a. Develo--m-ent: .(I) Sunset Palisades - A one-story or 15-foot height limitp con- sistent with local ordinances, should be observed for all bluff top development. (2) Shell Beach and Spyglass - Future development -should not further infringe on,public views of the ocean from Highway 101. New or additional bluff top commercial or multiple residential development should provide public access to the blufftopf or beach if feasible4 (3) Downtown - Commercial development should provide adequate on-site parking and not impact public and on-street parking near the pier. Oceanfront development should be tourist-oriented, visitor-serving facilities. E- 24 13. PIS40-NIPOMO DMM Because these active sand dunes are the largest coastal dune system and 16. GOLETA are used extensively for off-road vehicle recreation, and the adjacent back dunes and fresh water lakes contain unusual and significant wildlife habitats: Because of the conflicting land uses such a a. Sand Dunes: Retain existing areas of recreational use but protect coast in Ellwood and More Mesa remaining undevel dune vegetation in areas not open to recreational vehicle,uses. IProvide sloughs, and the highly-developed Isla Vista and limi ed organized staging and camping areas within the'areas used for recrea-- campus: tional. vehicles. a. Wetlands: No additional development, f b. Dune Lakes: Encourage preservation of the freshwater and adjacent be allowed on Devereux and Goleta Sloughs and ad land-habitats. Control access and water quality of Oso Flaco Lake. land grading should be controlled to minimize a and monitoring of the, sand dunes adjacent to Dev inusre no additional damage to the fragile plant 14. JAUMA CRMK TO GAVIOTA PASS b. Bluffs: Public access should be estab This remote area of the coast centering on Point Conception retains a Mesa bluffs. large number of natural resources in a.high degree of biologic productivity c. Water: Development should be Iallowed that should be maintained: is available from local sourcest and there is no a. Watershed and Creeks: Retain riparian vegetation;'no grading on resources. slopes greater than 30 percent without an approved erosion control plan. Retain native vegetation on hillsid .es where feasible. Alterations-of streams d. Airport Any expansion should not impa and the small wetlands should be for improvement of the habitat only.- habitat support area, and should be supportive tioning of air transportation. b. Opportunities for beach*access should be increased where appropriate. e. Agriculture: Retain existing agricult Land divisions should not be approved that would 15. GAVIOTA COAST viability of the parcels in the area east of War Because the highway parallels the coast on a predorrdnantly-undeveloped f. UCSB: Evaluate the Long Range Developm coastal terrace with agriculture, recreation, and oil production the competing access, parking, student residences, and impact land uses: patibility with both the natural resources and t a. Views and Viewshed: Structures should be constructed with no sub- 11. SANTA BARBARA siantial inte rference with the view from f4.ghway 101 to the ocean. 'a. Harbor Area: Priority shoul Id be given b. Access: New development should provide access to the bluffs and of the harbor and the wharf. No additional deve beaches from the highway. Parking should be established and organized so as additional public parking is provided within a c not to create a traffic hazard on the highway. plan. c. Oil Facilities: All new oil facilities should be consolidated. b. Water- Development should be allowed w New facilities should not be within the viewshed from the highway. Oil of water is available and there is no overdraft production and transmission facilities should not restrict public accesst C. East Beach: New development should not reduce agricultural viability, or degrade streams. ability to get to and use the beach and should p d. Vezetation* Native vegetation should' be retained on steep slopes, Beach publicuses where feasible. New developme especially those over 30 percent. No removal of mature oak trees for non- be compatible in scale and.architectural style. development purposes. structures along the shoreline. d. Scenic: Existing views from Cliff Driv e. State Parks: If found appropriate after further investigation, the Blvd. along Fast Beach should be maintained by d State.Park at Gaviota should increase available camping by increasing the use of the coastal terrace west of the campground. Additional camping and recrea- detract significantly from the public views. He tional uses at Refugio and El Capitan State Parks should be designed to protect &long Cliff Drive should be limited if necessar@ the beaches, tidelands, creeks and native vegetation. f. Beachfront Development: Development al extend onto the dr7 sand beach or beyond the eg should have a 25-feet height maximum. Public so a. Montecito: Protect existing public access to beach areas. All future should be provided if not available nearby, e.g. beach front development should be evaluated for potential for public access, rule. with additional controlled access established. g. BlufftoD development: Development alor 18. SUMMERUND area should: Because.this is a small ocean-oriented community surrounded by open space (1) Not significantly interfere with and agriculture:, Highway 101. a. Land Use.- All future development should be contained within the (2) Provide significant public access subdivided area of the town, generally east of Ortega Ridge Road and west of Greenwell. Densities should be consistent with existing densities and should (3) Not significantly impact the Carp not totally block views of the ocean from other residences. h. Greenhouses: b. Oceanfront Development: Future development'should be visitor and recreation oriented. Limit infringement on the views of the ocean from (1) Should be well landscaped and scr Highway 101. and Foothill Road. C. Subdivisions and Land Divisions: Subdivisions and land divisions (2) Should not degrade the water qua] that reduce the viability of agriculti hould not be approved. by allowing direct runoff of pesticide d. Wpter: Development could be allowed if a long--term source is available (3) If located on prime soils, at lea fr= the Water District. be grown in the soil. 19. CARPINTI-.IA VALLEY (4) Should not be located on prime ag The Carpinteria Valley contain's conflicting uses of land such as urban and locations on non-prime soils are avail agriculture on the flat alluvial valley, and conversion of steep hillside Provisions allowing greenhouses a vegetation while siltation of the slough continues. Because of these conflicts: sideration of the questions of dens-it3 a. Water: Development could be allowed if a long-term source is available from the Water District, there is no overdraft of groundwater resources, and a 20- VE2UURA NORTH COAST sufficient supply exists to serve agriculture. Because the narrow coastal shelf between b. Am-lcullture: Land divisions should not be allowed to adversely affect the conflicts of a transportation corridor, bea .e of crops that can be grown. Agriculture should have priority recreation, and specialized agriculture: the variety or typ over other uses a. Beach Co=.unities: Beach Communities boundaries. InfiLling of vacant lots or rebuil c. Wetlands: No further development on the Carpinteria Slough (El Estero) allowed cons4stent with height and bulk criteri should be allowed. a minimum 5 ieet side yard setback), adequate o no demand for parking on the old coast highway, d. Gradincr: All grading should be controlled to minimize siltation of the wastewater disposal system. creeks and the slough. Grading onslopes greater than 30% should not be done without an approved grading and runoff control plan. b. Oil Facilities: Expansion of oil and be limited to inland sites at the top of the co e. DeveloDment Patterns: Development should be concentrated within the to Mobil Oil Company. All facilities should be urbanized portions of the City of Carpinter@ia. The use of the Carpinteria impact on the view from the highway. Avenue and Linden Avenue area as the corinercial core is encouraged. The rate of development should not exceed the availability of water, wastewater treatment, C. The old Pacific Coast Highway should be schools, road capacity, and the delivery of other urban services, and lane highway from Seacliff do,.mcoast to lhma 140 should be phased to assure public access to Carpinteria State Beach and adjacent scaping, a through bicycle lane, day-use p4rkin beaches. overnight areas for recreation vehicles should and Ventura County. E- 26 d. Arftculture:- Specialized agriculture,on tne coastal terraces should be maintained. 22. MANDALAY BEACH e. ventura River and,Estuary: Any develcpment of public recreational Because this area consists of sometimes *facilities should control access to the river and estuary consistent with electric power generation, agriculture, oil resource protection, provide for restoration of degraded wetlands,:.and provide habitats. -overnight Ca.Ming consistent with the use and protection of these resources and the beach@ and inter-tidal area. a. Recreation: McGrath State Beach co 21.- CITY OF VENTURA remote camping experiences consistent with r wetlands habitats. Mandalay Beach dunes sh Because this-coastal city provides residential. and recreational opportunities prima@ily for day use although overnight use along the entire length of its beachfront: sistent with resource protection of the prim a. Develonment Patterns: No further development should be allowed on the b. Oil Facilities: should not expand sand beach. Development north of the highway should be consistent with the or agriculture. Any'change in facilities sh available urban services. of facilities with the objective of eliminat recreation and agricultural areas. b. Beach Pa--1,:inL,:'Maintain all available public parking along the beaches. c. Wetlands: There should be no furth )Lny additicnal development adjacent or on the pier should use the City parking Water quality in the Santa Clara River and e garage for its parking requirements. by wastewater disposal. C. Ventura Marina- The development approved oy the Coastal Pommission 25- OXNARD SHORES previously called the "STh" project should be constructed exactly- as permitted and conditioned. Other developments should be for public recreation and commercial Because this is a residential community fishing. Priority for boat berthing spaces should be first for commercial and located on a private beach that has experien sport fishing. All developdents should provide public access to and along the public access: water consistert with security. d. Pierp, cnt Beach: Ail structures within the Pierpont. Beach'a'rea should a. Beachfront Development: Developmen be approved until public access to and along observe the following: a permanent solution for stabilization of th Any additions and any new beachfront develop Present South Central Coast Regional Commission requirements within the portion of the beach and appropriate support area should be considered as minimum standards pending further review and possible ad-option of revised guidelines by the adoption of revised guidelines b. Other Develorment: Deve Ilopmert wit by the Regional Cc-,mission which may require additional height and setback standards. -meet the following criteria: The Present requirements are: "All new single-family homes and duplexes to be built in the Piei.-pont Beach (1) A 15 ft. setback to any struc area (defi-ned as from' San Pedro St. to Greenock Lane, and from Pierpont (2) A 20 ft. setback to detached FAvd.-Ayala St. to the ocean) shall comply with the following guidelines: "I. Residential development shall not deviate from the present city (3) A 25 ft. setback to attached zoning ordinance. This includes but is not limited to front and side yard (4) A 25 ft- maximum height above requirements, height limits aria lot coverage. If more restrictive than the City ordinance, thes .e guidelines shall take precedence. (5) Landscaping consisting of sal- "2.. Front yard-23 feet minimum to any portion-of the garage or structure. a condition on all structures. "3. Height limit-30.feet maximum from the edge of the Frontage St. or c. Sand Dunes: No significant develop top of curb. any development. should be designed to be sub significant open space. "4. Any portion of the structure over 2Z -feet -in height shall be- set d. Design Review: A system of design back at least ten feet further from the front-set back.. This would allow cooperation with the Oxnard Shores Homeowner .a second-story over the garagei. but- any- additional level or Xofts. shall be set back the additional 10 feet." E-27 24. CITY OF OXNARD c. Water Quality: Improve the poor wa siltation from the residential areas north o The urbanizing portions of the City not within the Oxnard Shores ocean- front development are covering prime agricultural lands and are creating d.- Parking- Provide additional public significant demands on urban services. Because of this: 2?. CITY OF PORT HUENEME a Agriculture- Agriculture should be maintained west of Victoria Blvd. Other areas should be encouraged to maintain agriculture consistent with the a. Beach: Provide public parking and availability of urban services and completion of developing neighborhoods. the ocean side of the frontage road. b. Revelonment: All development shoiAd meet the following criteria: A b. Redevelopment: Provide a broad rang Any development should not impair inland acc (1) Density should be consistent with the neighborhood and the All parking should be on site and gernerally availability of water, sewer, and road capacities. units specifically for the,elderly. (2) Multiple units should provide for a range of prices that Port: The impact of any por -t devel reflect the economic range for the Oxnard Plain. locating development west of Ventura Road. (3) Development should not further congest major access roads to 28. ORMOND BEACH the recreational areas of the coast. I a. Resource Protection: Control acces 25. BEACH COI-NIANITIES adjacent salt marshes and wetlands from ove be allowed, and only foot access should be p Because these residential beach communities front on publicly-mned beachess areas inland of the dunes. a. 'Recreation and Access: Development should rot infringe on the dry 29. SANTA MONICA MOUNTAINS sand beyond the existing setbacks. Setbacks from existing beach access ways The mountains within Ventura County-are should be the maximum possible. All accessways should be clearly marked as public. settled area of high geologic hazard along w-' values, and a limited coastal terrace where .b. Par@ng: All developments should provide adequate on-site parkings compete for the coastline. Because of the n areas and the conflict the usable coastline, generally a 2 1 ratio,for residences. be utilizeds c. Grading: Each lot may be filled to no more than two feet above a Re reation: All developments in th natural grade urless adjacent units are significantly (more than 2 feet) higher graded lots. access to the beach area if feasible and if use. Recreation and visitor-serving faci-lit d. Tots: Effort should be made for consolidation of some of the 20 and few remaining buildable areas between the c 25 feet wide lots. Structures should not be built on the beach; be required for dedication of any structures 26. CHANNSI, ISLANDS HARBOR b. Pacific Coast Highway: The coast hig Because public use of Ithe harbor and adjacent recreational areas could location with amaxim=. width of four lanes, be impaired by continued high-density residential and commercial development. for safety. Direct access to the highway fro .consolidated if possible. a. 'Develorment: Residential density should be reduced.to lower the impact C. Develo@ment Patterns: Any Idevelopme of the use of the harbor and the access roads. Further waterway developments low density and: for residential or commercial use within agricultural areas should be dis- couraged. (1) Self-sufficient inits provisi wastewater disposal systems, b. Recreation: More public acces should be developed. Any new development should provide access to and along the :dge of the harbor. Further developments (2) Remove the vegetation necessax should be recreational and tourist oriented befor further residential development outbuildings, and to meet county fire st development is allowed. E-28 (3) To not impair the ability of adjacent owners to provide domestic water and wastewater disposal on their parcel. SOUIH COAST The few remaining beach lots up-coast from Yerba Buena Road should be MALIBU all6wed to infill as long as the public's right to the use of the beach is not impaired 1. Recreation and Public Access to the Shor a. As a general rv2e, provide a vertica: 30 CHANZIM ISLANDS public roadway and the mean high tide line a Malibu shoreline, through dedications or oth Because the islands of San Miguel, Santa Rosa, and Santa Cruz represent some of California's most outstanding. natural resource areas, the following b. Provide lateral public access up to guidelines should be observed: tide line but in no case nearer than 5 feet a. Agriculture: The economic viability of agriculture should be dedications or other appropriate means. encouraged by controlling public access and.limiting land divisions. c. Limit the,seaward extent of structur b. Resource Protecti on: The protection of endemic plant* and animal stricting development to the landward side o corners of adjacent structures. A similar " habitats, marine macnal haul-out areas, and archeologic, paleontologic, and extent of any decks. However, new structure =usual. geologic features should be emphasized on each island. Grading or beyond thIa wave run-up line. other development that inuld impair these resources, or reduce the water supply of riparian habitat areas, should be avoided. d. Where feasible, provide appropriate serve Malibu beaches inland of Pacific Coast in reasonable distance of the shorelizie. e. Where suitable, increase :turf-labrch areas in Malibu. f. Increase the boating support capacit Piers, consistent with the protection of mar 2. HighH& Caraciti and Residential Devellor a. Divisions of land to create addition family residential- development should be pemn effects of such lncreased@ develo,,:ment on @r& Coast Highway are outweighed by improvements provided by the develorment or (b) other ade provide public transportation to 'the Malibu b. Ensure that an adequate percentage@o 'Pacific Coast Highway is available for shor c. Require new private development to pa at least two standard 101 x 201 spaces, to pr areas and street parking that would otherwis d. New access roads off Pacific Coast kL resource areas, or through steep terrain non 3. Non-Residential Develonment. a. A potential eiists for the inter4ifi. development at Topanga Beach, Malibu Civic C Dume, and Trancas. Such development should E-29 Residential Development and Geologic Hazards .(l) Concentrate new employment opportunities in already-developed areas. 1. Canyon development should be permitted o (2) Restrict additional development in Malibu Ci-@ic Center until the developed areas. Any canyon development sh conflicts between possible need for a community service center and the ing Santa Monica Mountains Park. need to protect the natural, scenic, and educational resources of Malibu Creek and Lagoon are resolved. 2. New residential development should not b (3) Encourage the development'of neighborhood commercial facilities within half a mile of the shoreline. clustered inland of Pacific Coast Highway. 3. All development, new as well as additio (4) Where feasible encourage the development 6f` commercial facilities on in the Castellammare area, should not be all commercially; zoned parcels east of Point Dume to accommodate tourists. instability identified by the U.S. Army Corp In those areas where development is permiss areas identified by the'U.S. Army Corps, ale (5) Condition further non-residential development on the provision or or less in grade, a geology report should b extension of non-auto ,iobile transit services, unless such development development will cause no adverse effects to will reduce existing traffic congestion on Pacific Coast Highway. Scenic Resources and Sensitive Areas 4. Scenic Resources 1. Views to the shoreline and the Santa Mo a. Retain all presently unaltered bluffs and cliffs visible from the be protected; new development should be vis shoreJ-ine or Paci-fic Coast Highway. and vegetation and should maintain natural I b. Proposed development on undeveloped ridgelines or hillsides should be sited and deS4 ant natural features. 2. The Santa Monica Mountains should gener gned to minimize visual impacts on these promin sensitive habitat area; new development in t itat values. c. Yd--dmze interference with ocean views from Pacific Coast Highway and from any other designated scenic coastal routes such as Malibu Road, Dume@ Kanan Road. SANTA M014ICA d. Establish public vista points as a condition of development proposals where a Site is large enough to accommodate such a feature. 1. Beachfront Area: To maintain the Sarta recreational- assets and to increase the use pier: PACTfIC PALISA=1 a. Priority should be given to increas to the northern -ity limit and to perhaps Recreation and %blic Access South of the pier (e.g,j for recreational v Additional upland parking areas should be-p 1. Dicox.-age projects providing public recreation and ensure that new development bus or shuttle system to move people to the will not elli=ate any existing recreation. b. The Santa Monica Pier should be des 2. '-rnco,,=age development of visitor facilities on commercially-zoned lots within as a part of any fux-thezr development. To p half a -ale of the shoreline, additional food-serving facilities for beach usersl recreational and commercial fisaing uses on the develcpment of hostels or carming sites near the shoreline area, and the development should include opportunities fo establishment of a park-and@ride system to the beach. facilities on the pier. 3. Reserve highway capacity for recreational use by limiting development that c. New development seaward of Palisades would further congest Pacific Coast Highway. Avenue, and Barnard Way should be lixuted to should not encroachfurther onGo sandy beach 4. Discourage removal of existing on-street parking spaces. d. Because ownership of some portions o 5. The City Should assess the adequacy of parking and transit for recreation areas secreted since 1921 is in dispute, thus lini and remedy any deficiency before residential or non-coast-related developments extensive excavating for development has fuz are allowed that would generate significant amounts of traffic on coastal access of public access easements or clari-fication routes. required as a condition of any additional de E- 30 VMCE Overall Guidelines New development should be geared tow e. Additions in size, capacity, or usage of facilities or alterations of possible, improving public access to the c the breakwater in the harbor should be consistent with a coordinated plan for by: (a) limiting the intensity of developm the breakwater/harbor.area and the beachfront area and adjacent commercial not further obstruct access to the beaches Commssion. preserving on-street parking, improving pu district, and approved by the Regional adequate off-street parkdng for new or int 2. Urban Concentration: Development should be concentrated in the already- maintaining adequate pedestrian and visual urbanized sections of banta Monica north of Pico Blvd. Additional commercial and canal areas; (d) giving first pri6r-Ity development in downtown Santa Monica should be encouraged. commercial-recreation and support faciliti some over7'dght tourists, rather than to re 3. Ocean Avenue: A mixture inthe heightt scalev and intensity of develop- preserving existing low and moderate-incom ments along Ocean Avenue should be sought to enhance the appearance and diversity of the area. Taller structures should be offset by greater open The unique neighborhood qualities of space. Professional or-other office space should not be provided along Ocean pre�minantly small, individually-designed Avenue. and visual connect ons to;the beaches, can maintained. 4. Ocean Park Area- To protect the scale of the existing community and to maintain opportunities for low- and moderate-income housing in Ocean Park: The remaining natural resources of th strand areas, should be protected from adv a. New multiple-faMily developments should be limited to a density range habitat, and recreation. of not rare than 30 units per net acre, consistent Aith existing community Th.e following guidelines are for area densities,; height should not, exceed three stories. Oak-.,rood (Area between Santa Monica bounds b. In applications for multiple-familY units, preference should be given and Hampton/Electric Ave.) to rental units over condomi-niUms. 1. Maintenance and rehabilitation of resic C. An extensive program .of housing rehabil'tation should be given encouraged. New residertial structures sh priority in Ocean Park, especial-ly in those locations where single-family bulk, and scale compatible leeith other struc units are prevalent-. Multiple-family developments should not be allowed to should gross structural area exceed 1.1 tir intrude into *predominantlY single-f amily home blacks. should height exceed 24 feet. Recycling t of new mullti-f-,mily developments, up to a d. (;hl substarLiard lots, the 1.5 criteria should be applied, and the buildable lot area and un to 27 feet in he 1.1 criteria should be applied.in the Sunset tract. substantial percentage o@ the new units ar low-and-moderate income families. e. Comprehensive landscaPing Plans and on-site recreational arA open space should be provided in new multipi-family developments. 2. Small-scale commercial and cormunity f neighborhood should be preserved and encoui only Lf suitable relocation within the are Mdlwood (Area between Milwood Ave., N. Ve Blvd.T 1. The same guidelines as for Oakwood shc height for single family houses should bea 20 feet); and multiple-family housing shou: lot and to 1.5 criteria; with height not t 2. No driving should be permitted on walk be from alleyways. E-31 Southeast Venice (Area between Venice Blvd., Lincoln Blvd., Ocean Ave., and Washington Ma im-not including the canals area) 1. Single-family houses, duplexes, and multiple-family units should be limited 7- In the beachfront area along Ocean Fro to 1.5 criteria (gross structural area not exceeding 1.5 times the buildable should be preserved and existing commerci lot area);'2:1 offstreat parking should be provided; height and setbacks should new construction along the beachfront sho be in scale with other structures on block, but in no case should height stories; retain all existing parking (unt exceed 25 feet. Multiple-family developments should provide usable open ing) in addition to providing adequate p space forresidents. ground-floor cormnercial space to serve bea 2. To retain low and moderate-income housing in this area, new multiple- 8. Existing beachfront*amenities and stre family'developments should be penratted only if they provide a significant and new bike racks, benches, etc., provide number of units accessible to low to moderate income families. development. 3'- On commercial streets, new commercial developments should provide parking Canals in accordance with overall parking guidelines (see Appendix); height should be in scale with other structures on the commercial street frontage; signs 1. Bridges, docks, canal banks, and raft should be small, limited in height, and on-premise only. @e preserved. F@dsting accessways to can sidewalks along canals irriproved but witho 4. Circulation and parking should be designed to minimize conflicts with Duck and bird nesting and feeding areas ar b.ike and pedestrian pa Iths and residences. protected. Dredging and filling of canals North Venibe (Area between Santa Monica boundary, W. Washington Blvd. , 2. Existing residential st .ructures should Fampton/ZLectric Ave., and Venice, Strongs Drive, and Washington). re.habilitated as necessar7. 1. Single-family hous-es, duplexes, and multiple-fmily units should be limited 3. To retain low and moderate-income hous to 1.5 criteria, even if lots are combined. 2:1 offstreet parking family developments should be permitted o should be provided, -.ith a maxi:.Tam of fours cars per 25-310 foot wide lot. number of units accessible to low to moder Height and setback should be in scale with other structures on block, but in no case should height exceed 28 feet. 4. New residential structures should be . 2. To retain, low and moderate-income housing in this area, new multiple- structural area not exceeding 1.1 times th family developments should be permitted only if they provide a significant parking should be provided; and height sho numb er of units accessible to low to moderate income families. feet. 5. Setbacks: 3. For both residential and cor."ercial structures, common-wsll construction (a) A rear setback (from the alley or should not exftend cver more than two lots; a six-foot break should be or other provision for guest parking. provided for each 50-foot width of buildings. Ground level entryways and (b) A pervious front yard adjacent to windows, sho-i-Id be provided (no blank, semi-subterranean walls). a 15-foot setback. To achieve variati up to,15 feet wide may extend to wit 4. On portions of walk-streets that retain the small-scale, single-family line as long as a yard area of at leas character of the original development in the area, new development should the canal frontage free of all struct provide front setbacks consistent with existing development. hif and pervious decks a, grade. (c . Along canal frontage, all portion 5. No driving should be allowed on walk streets. Parking and access set back a minimun of 25 feet from the drives should be provided frcm, alleys. that on corner lots (bounded on two si at least 5 feet wide along the longest 6. In the W. Washington cc=-.ercial area, che existing nature of the may substitute for 5 feet of the aecon street with small shopt@ and camumunity institutions should be preserved. narrowest canal frontage. Wall paintings and visual access to them should be preserved. Heights of new structures should be limited to two stories. Offstreet parking 6. Construction on city property should b should be provided at 2:1 for units, 1 space/250 sq. ft. for studios, and in less than -4 feet high that do not impede accordance with overall parking guidelines (see Appendix) for new restaurantso bars, or other uses. Signs should be limited to maximum 24 sq. ft., on- Drainage plans for new development sh premise only. atom flows on-site in a French drain (gra, E- 32 PLAYA DEL IW/EL SEGMTDO AREA 'General 9. To protect the scenic and vi sual qu . 1. To keep lack of parking and circulation problems from precluding public is situated on sandy dunes and provides maffy access to the beach, duplexes should normally not be allowed on the 30' x 90' viewing, including residential streets used lots. Height limits (normally 25 .feet on the beach, 30 feet on Trolley Way development proposals should retain all exis and.37 feet on and east of the Esplanade) should be required to retain the alterattion of natural. lancLforms, retain scale scale of the existing neighborhood. To preclude. pyeemption of on-street park- single-family dwellingst and limit the heigIn, ing, 2'to 1 parking plus one guest space for each seven units or fraction there- Del Rey Lagoon a;rIVista Del Mar. of should normally be required. 2. To prevent preemption of public beach space, new developments, should .10. Proposals for expansion of existin devote adequate lot area to ground level open space suitable for tenant should meet all criteria of section 30263 of recreation. with special attention to such mitigating me areas because of this area's high recreation Beach Are.a the Scattergood steam plant pursuant to a de Energy Resources Conservation and Developmen mitigation measures to.the maximum extent fe 1. To protect access to Dockweiler Beach, all projects should provide location as a desirable public recreation an two to one parking for each residential unit and commercial parking per Regional mitigation measures should be required as p criteria. Any proposed development that would take up spaces now used by beach, utility installations visitors should provide appropriate replacement or other mitigation. 2. To protect beach areas for long term recreational needs, only visitor-serving facilities (such as restrooms or snack bars) should be allowed on sandy beach or presently undeveloped beach front areas. 3. To guarantee continuance of public access, any further development of the "Bums property" or Ballona Wetlands should provide public access w,Vs as a condition of development. 4. Because the sandy beaches are underutilized due to inadequate parkingg parking should be inventoried and the creation of new parking areas considered as a condition of development for major projects. 5. Residential projects should not be allowed in areas presently zoned for commercial services. 6. To protect the few visitor-serving commercial recreation facilities on or near the beach front, especially south of Culver Boulevard, existing visitor serving commercial recreation facilities should be protected or their loss mitigated wherever possible. 7. Since the Ballona Creek Wetlands and Lagoon are restorable and may .be affected by development decisions in Playa del Rey, proposed uses abutting the Hughes Property should be assessed for compatibility with restorable wetland area, and only those proposals approved that would not degrade the wetland. 8. To prevent damage to the environment ally sensitive Air-port Dunes or Ballona Lagoon and Creek wetlands areas, no use should be permitted that would cause pollution of,ground water, excessive or noxious runoff into wetland. E-33 SOM PAY: EL PORM, MIMU@TAN BFACH, HUNOSA BEACH, BEACH, TORRANCE 1. Residential Development: New development should conform to existing SAN PEDRO densities and scale of development. Retain existing low- and moderate-income housing; encourage rehabilitation of existing housing. 1. Fccisting public recreation in the coastal an including parks, beaches, boat rentals, public 1 2. Parking: Future commercial development should provide sufficient off- areas, Wherever possible, public recreational a str;e-tparking for employees and patrons, either on-site or in shared facilities priority should be givcn to the provision of ad to be available for use before such development is occupied. Peripheral recreational developments. F-cisting parking to' parking facilities vith shuttle services to cohgested areas should be encouraged. should be retained and, where necessary, exp=de 3., Conercial Recreation Support: New commercial development within walking 2. Until the cumulative effects of new or inten distance of the public beach knormally at least 1/4 mile) should be limited to. on coastal access routes has been evaluated, dev recreation-support uses, such as restaurants, small shops, etce increase such traffic should be allowed only if improvement progr3m.,I Priority in the use of rer. 4. King Harbor, Redondo Beach- Because of the commitment of Xing Harbor to to public or commercial recreation or marine-rel leasing facilities for private use such as yacht clubs, and to achieve an equitable balance between private and public use, future development in King 3. New developments should provide increased ph,, Harbor --hould be for public use. general public to and along the ocean and harbor be Provided to bluff vista points above pocket b @iWS VL=_=IAMS/@MCHO PALOS V=--S ment on blufftop lots. ctures should be built on or extend o 4. No strL 1. To protect extremely valuable views and scenic areas, develop- tions. Adequate setback or buffer areas should ment proposals should incorporate such measures as highway turnouts, provision safety hazards and to protect public recreation, of ptfolic view points, and possibly, glider flying areas. values of these areas. Paved surfaces should be edges, and drainage should be planned to mintmiz 2, In subdivided lots with 80 foot widths or greatert view corridors watercourses. Channelization or remova I of vege to the ocean should be provided, normally over approximately one third of each courses should not be permitted. lot. 5- In the area of San Pedro imediately adjoinii 3. Construction on already-subdivided lots should provide adequate view corridors necessary expansion of co stal-dependent, port-r to the sea. development should be sitaed and designed to minij neighborhoods. 4. New development should provide easements for accessways and for a coastal trail where appropriate, normally immediately seaward of Palos Verdes Drive 6. The density of new residential development s West and South. Cn larger sites incorporating headlands, view areas should of 20 units per acre, or to the lesser density also be provided. Priority should be given to development that would pro- general plan, w1hichever is the more restrictive. vide recreation. ft., the 1.5 criteria should be applied (gross s 1-5 times the buildable lot area). 7- Existing low- and moderate-income housing sh feasible, increased, S. If the Federal goverment relinquishes its reserve parcels, reuse should stress recreation majority of the site. E-34 LONG BEACH Naples Downtown (Area from Los Angeles River to Alamitos Avenue and from Ocean (The island surrounded by Alamitos Blvd. to the high tide line). 1. The stable, established neighborhood 1. New developments should provide parking for all commercial, residential.9 or tained and preserved by keeping new stru recreational uses in accordance with the General Parking Guidelines above-, an Recycling and rehabilitation should occ integrated parizing management progra-1/transportation system should be developed. consolidated for larger structures. 2. In the tidelands trust area of Pacific Terrace, beach access and full public, 2. Existing public access opportunities use and recreation should be maintained and improved. Developments should be be maintained and, where possiblet impro limited to p@blic recreational or institutional public-oriented uses. New development should be accomparied by implementation of planned public parks. East Long Beach No additional land should be used for parking. The public launching ramp near Q2ueenIs Way Landing should be maintain6d at least until replacement facilities (Area from Marine Stadium, along Cc serving the same area are provided. east on Loynes to San Gabriel River, inc in oil production). Alamitos Avenue to Belmont Heights 1. The density of new development in t (Area from Alamitos Avenue, along Second Street to Bixby Park, then along adverse impacts on recreational access o Broadway to Nieto/Livington Street). Highway. 1. Because of the limited. street capacity serving this area and the need to 2. New development on any waterfront sh reserve adecuate recreational access !' recycling at higher densities should be feasible, public recreation. Preservat' limited. T@ the extent consistent With traffic capacities, new medium-rise and adequate habitat buffer areas shoul@ development should be permitted west of Bixby Park. 2. In the area east of Bixby Park, historically and architecturally - signifi- 3. No polluted runoff from e.@isting oil should be allowed into the estuarine wat cant. structures that enhance the coastal envirornent should be preserved and, uhL-e necessary, rehabilitated. New development should not be at higher den- 4. Cerritos Wetland is a valuable habit sity, height, or scale than existing development. Remove oil-related structures as oil so 3. Lower-cost visitor facilities and public-serving uses should be encouraged. to land uses that would be compatible wj 4. Shorefront visual and pedestrian access and strip parks should be maintained. Addition-a' pedestrian access from bluff park and street ends to the beach below should be provided but the existing bluff configuration should not be altered. Belmo,it Shore (Area from the Belmont Pier, Livingston Dr./Nieto Ave., along Marine Stadium and Alamitos Bay, to the high tide line). 1. To protect and maintain the stable balance of residential and neighborhood co=ercial develoinent, the height, scale, and density of new development should be consistent with the existing character of the area. Rehabilitation of existing structures,-where necessaryt should be encouraged. 2. To avoid further congestion and loss of recreation-serving traffic capacity on 2nd Streety commercial and professional office development should be in scale and character with existing development, and maintenance or enhancement of local and tourist support businesses should be encouraged. Architectural and sign controls should be developed to improve the appearance of this coastal access route. E-3S SEAL BEACH 1. To protect the village-like character and scale of this city: a. Residential development coastward of Pacific Coast Highway should b, On lots 4,000 sq, ft, or smaller, development should be consistent not exceed a density of 20 4u/ac. with the 1.5 criteria c. Density for-multi-family development should not exceed 24 du/ac.' b. All new residential development and those whose improvement is greater than 50% should have 2 on-site parking space@ per unit. 2. Strip commercial development on Pacific Coast Highway shoifid be dis- couraged and replaced by. cluster development. C. On lots 4,000 sq. ft. or smaller, all single-family dwellings and 3. Insure that new development is compatible with the existing character of duplexes proposed for construction should meet the 1-5 criterion, i.e. the the community. gross structural area of the house should not exceed 1-5 times the buildable area of the lot. 4- 11acourage hotels, motels, and other visitor-serving acco=odations on Pacific Coast Highway? d. Residential structures should have a 25 ft. height maximum. 5-' Because of the parking conflict in the Pacific Electric right-olf-way 2. New or enlarged commercial buildings should provide adequate parking. area, between residential users and beach users, a,parking control plan 3. The 9-acre undeveloped parcel alongside the San Gabriel River at the should be implemented prior to intensification of residential development. shoreline should be protected for water-oriented, public recreatio .nal uses. 6. Huntington Harbour. Recreational and visitor-serving facilities (parks, 4. To keep development from creeping beachward on the sandq new development tourist-commercial uses, etc.) should have priority over residential on the should not extend farther onto the beach than a line between the points on remaining undeveloped land. the tma adjacf--.t structures representing the farthest encroachment onto the beach. 7- Bolsa Pay and Bolsa Chica Marsh Insure that development in the Bay or on surrounding lards does not sz-."Ificantly harm the ecological preserves.- 5. In Surfside Colony, a private development across Anaheim Bay, no struc- In restorable wetlands, give priority to restoration over residential or marina development. Provide a buffer area and low intensity recreation on ture should be built taller than 30 feet and all new homes 'should have two the periphery, 'including upland support facilities and trail- linkages in on-site parking spaces. the centrall city park corridor, to increase use of the publicly-owned beach. 6. San Gabriel lEver. Continue existing bicycle trail to the beach. Prevent saltwater intrusion in groun6rater aquifers. 7- Pacific Coast Hi2:hwav. Reserve a portion of the remaining capacity on 8. Huntington Beach Oil Fields. Remove oil-related structures as the the hi_-hway for recreation and as -a scenic drive; encourage development of petroleum is depleted and replace with recreation and vi@sitor-serving acco=mo- traills, transit and upland Darld-ng areas to alleviate congestion in the dations. oceanfrort area. Fed@velop' strip commercial development along the highway into planned commercial clusters. 9. Bluffs and Coen Soace. Protect bluffs and provide vista points, incor- porated into public open spaces when feasible. Provide additional public 8. Anahelm Ba7. Insure that development in the Bay or on surrounding lands open space in residential and comnercial areas. does not significantly harm the ecological preserves. Support anadromous fish '@put and take' program; provide public access consistent with protection of the natural wildlife refuge. 9. Protect the 2.8 acre parcel owned by the State Lands Commission at Pacific HTRrrIN,=N MCH-CENTRAL Coast Highway and'Ist Street for recreation or visitor-serving accommodations, 1. Protect the capacity of Pacific Coast Highway for tourist/recreational. use. and possibly for a regional transportation center. On the first block inland of Coast Highwayo development to meet tourist/ recreational needs should be encouraged. Lot consolidation should be MT.= MON FFACF@NCRTIR encouraged because the small fragmented ownership will allow strip commercial only. New structures should not be in excess of 25 feet in height and should 2. In Sunset Beach: provide adequate parking. 2. Residential development should provide two on-site parking spaces for a. A1.1 new residential development and those whose improvement is greater each unit and not exceed 25 feet in height. than 50% should have 2 on-site parking spaces per unit and should not exceed a height of 28 feet. 3. Redevelopment Zone. E-36 a. Maximize public utilization by preservation and restoration of pier point area. b. Areas just south of pier area and inland should have recreational use priority over residential. Possible expansion of motel/hote accommodations IRVINE COAST should be.lou--rise. Lake Street Corridor should be kept for transportation and extension to Lake Park. Because this undeveloped property of 4. Huntington Beach Apartments on the beach adjacent to the pier should not of shoreline is in a single ovrnership, bee be converted to condominium use; during its lifetime it should remain as a tage with substantial upland acreage, and rental structure or be converted to hostelry use. deficient Los Angeles.metropolitan area, t paralleled opportunity for development of 5. South of the pier along Coast Highway, encouragement should be given to, creased opportunities for a variety of pub tourist-recreational development, inland support facilities to service the protection. Due to the.fact that little d beach (such as parking areas) ancL habitat restoration., of the coast in the near future, the mater not to serve as immediate guidelines, but a. land between Lake Street. and Beach Blvd. is suitable for extension coastal planning concerns of the Irvine cc of motel/hote3. use. a planning checklist for dealing with reso issues in this coastal area. As with the b. Beach Blvd. is a major arterial; there is ample undeveloped acreage in the coast, these nay be changed after publ this vicinity for a regional transportation node. adoption of permanent guidelines. 0* lane just inland of Pacific Coast'Highway from Beach Blvd. to Overall Guidelines. New development shoul the Santa Ana River should be protected and restored for its wetland value. developed areas and employment centers, to space and to reserve substantial areas for d. The 13.5-acre parcel at Brookhurst Blvd. and the Talbert Channel and public facilities should be phased to should be preserved as an inland support facility to service the beach as well proposed shoreline and upland recreation as the county's mountains-to-the-shore trail system. a 'substantial amount of low- and mod'erate- Development Guidelines. =.".PA MIA R17UZ A.!1D R= CORRIDOR A 506-acre fresh and saltwater marsh, bluff, anc archaeological site and should 1. Concentrate Develonment. Private be preserved for its multiple use as a regional park combining wetland restora- ment should generally be landward of Coast tion, general recreation and beach supports and archaeological preservation, West of Moro Canyon. Marina development .nuld not be compatible with this use. Protect least tern nesting sites. Continue coastal trail in the flood channel to the beach and a. Trancos Canyon, the upper ter connect to the Santa Ana Greenbelt Corridors; consider possible location for hostel. Moro Canyon, and the area east of i1oro Rid NEWPORT EaCH recreation and open space uses. b. Limited residential developme 1. Because public access to'the beachp bayfrontt and other recreation areas Coast Highway, adjacent to the existing C is severely lizzzLted by the service capacity- of Coast Highway and the connecting arterials, priority should be given to projects that meet public needs of c. To min:1citize . non-recreational recreation and resource protectio In. Coast Highway, neighborhood and other gene a. Where appropriate, parcels near the beach or the bayfront should be residents of the area should be away from developed only for water-dependent or recreational uses. d. Resort and visitor-serving fa the point of Wishbone Ridge and at Crystal b. In the Lido Village, Lido Peninsula, Cannery Village, and McFadden Coast Highway and to reserve the rest of t Square area of the Peninsula, new development should be allowed only if ade- public recreation uses. quate parking and transportation are provided, 2. Recreation OoDcrtunities and Onen c. The few remaining inaldn properties that 'are within a reasonable dis- elude the-creation of an integrated open s tance or ad@jacent to the coast should be used for recreation-support facilities. yons and ridZes and linking upland areas t 2. To .protect the natural habitat values of Upper Newport Bay, fresh-water provide substantial and varied opportuniti drainage systems into it should be maintained. New development on bluffs should be setback a minimum of 40 feet. Development should not be allowed to encroach into or adversely affect the Upper Bay Preserve. U-37 a. 7he Foro Canyon, bluff top, 'and beach areas now authorized for acquisition by the State Denartment of Parks and Recreation, as well as the first-priority sites recommended by the Coastal Commission in 1976 should be reserved for -recreational. use except that development proposed for the Pelican LAGUNA BFACH Fill and Moro Ridge sites that the prior Coastal Commission recommended for public acquisition could be approved if substantial dedications of comparable I. La-una Green Belt: Lands identified wildlife habitat and public-use areas east of Moro Canyon are made. suitable for public recreation should hav b. Ultimate buildout should be based on a concluded agreement specifying a. Significant physiographic feature a schedule and technique for transferring designated open space and recreation steep slopes, carVon bottoms, major rock areas to.appropriate public agencies. courses, and significant floral/fauna hab c. Public recreation should specifically include the development of b. Geologically-hazardous areas, sue major ovearnight facilities by public or private groups on the upper terraces and mudslides, should not be developed. landward of Coast Highway. Day@use activities should be varied and linked by an integrated trail system, w-Lich should also link the public areas with c. Areas identified as suitable for the shoreline arxi other visitor-serving facilities. only. 3. IraY-fi-c-Circ-ullation and PVblic Access. New development should include d. Hiking and equestrian trails sho a circulation system emphasizing internal dispersal of incoming traffic Laguna Greenbelt and Shoreline. rather -than seekj-ng to accom:nodate al 1 through traffic using Coast Highway. 2. Shoreline and Oceanfront: Explore po a. The 'ability of Coast Highway to provide public access to the gaining pedestrian access to tideland are coast should be protected by restricting lateral arterial connections to cluding opening existing public easements Culver Drive. AD roval -of the proposed connection of Sand Canyon Road to elopment on lands seaward of-the highway C,oast Highway would require conclusive evidence that such a connection is space -recreation vistas or view corridors necessary to provide adequate public access to shorelineand upland recrea- commercial-recreational facilities such tion facilities. Other proposed lateral roads would be terminated before that serve thegeneral public. they intersect -with Coast Highway. b. Improvements' to Coast Highway should be limited to alterations 3. RicL-elines: Because the ridgelines Highway are significant features of. the needed to improve safety. The capacity of the highway should not be increased. be avoided or effectively screened.. c. Because of the potential adverse impacts of the proposed 6-lane 4. Pacific Coast Hirhwayz A portion of San Joaquin Hills Corridor on coastal resources in the South Orange County be reserved for recreational traffic. Co Coasts extension of the road should be limited to a 2-lane road that termin- velopment that would generate significant ates at the Laguna Freeway. allowed only in the central business dist d. The proposed alignment of Culver Drive should be mov .ed westward to Boat Canyon, in Iaguna Canyon up to C at the neck of Trances Ca_rWon to protect the canyon from the effects of con- the CBD and Bluebird Canyon along Coast H mitigation measures can provide that ther struction of the roadbed. where, new development should not be allc e. Development and.transportation improvements should be phased to coast. assure that Culver Drive and other needed inland arterial connections are 5. Crescent Bay Point- Scenic, archaeol completed in the first phases of development. This will be essential to avoid be fully protected as a condition of any forcing the traffic generated by 4-5,000 residential units onto the already- congested Coast. Highway. A specific phasing plan should be required, to 6. Emerald Bay South: DeveloDment on Em assure this _and to assure that residential buildout wi_U be related to ex- tended and J-7proved bus service. near Crescent Bay Beach and Park, should resources and area available for public r 4. Need for Visitor Facilities. The resort complexes proposed for 7- Central Bluffs: Central Laguna Beach Idshbone Hill and Cry@_tal Cove should include facilities and concessions priced looking Main Beach Park, should be protec to serve a full range of users. The Wishbone Hill site, because of its strategic activities in that area. central location adjace@t to the terraces connecting Moro and Trancos canYonst is especially well suited to the development of.such moderate-costs fand-ly facilities. E-38 SOM LACMZA (from Lain= Beach City limits' and Laguna Canyon Road to. Blue Lantern in bana Point) A. Seaward Side of Coast Highway @ 1. Development on the seaward side of Coast Highway should.be designed 3. East of Pacific Coast Highway to preserve views of the ocean from the Highway by limiting structure height so as to preserve the unique rugged ch to no more than 25 feet and bulk to no more than 1o5 times the buildable area of the lot. 4. Any new roads permitted thro allowea to significantly disrupt the n 2. All proposed develODment should be adequately set back from the bluff 5. To prevent large residerces 0 edge. In cases where the bluff edge is at Coast Highway, i.e., the entire character with existing South Laguna s lot is part of the bluff face, no structure shall be permitted to extend should be 1"ted to no more than 1-5 further seaward than a line drawn between the two adjacent structures. 6. The appropriate land use for 3- No development should be permitted to interfere with existing, Coast Highway from the Dana Point Head though unimprov .ed', beach accesseasements. the appropriate use of the Dana Point 4. To ensure public access along the beach, all new oceanfront develop- ment should be conditioned to provide lateral access between the mean high tide and 25 feet inland, but in no event should the access easement be closer DANA POINT than five feet to any residential structure. 5. Further divisions of bluff lots should not be allowed to create 1. Because traffic to non-marine-relat bluff face lots with no building pad. recreation in the-marina, new deve-lopme marina should be for manUie-related pur 6. Public recreational appor-tunities should not be precluded by private development on the Dana Point Headlands property until the suitability for 2. To maintain public access to and pu] public recreational or commercial-recreational use is assessed- related development should not be allmi nesses such as boat storage yards and c 7. To ensure that available parking spaces on Coast H Iighway are reserved at San Juan, Creek. for public recreational use, new residential deveZopment should be required to provide two parking spaces per Lmit. 3. To protect pubUe views from the me: coastal bluffsp development on Palisade 8, On Pacific Coast Highway, reserve a portion of the iemaining road marina should be set back a of A blufftop trail system should be provi capacity for recreational traffic. Insure that major new construction is keyed to improvemerrts in traffic flow. 4., To help reduce traffic on Pacific C Prado and Pacific Coast Highway between 9. Explore possibility and feasibility of gaining pedestrian access to tideland areas through private communities, including opening existing @ublic be restricted to neiglr@borhocd ccrnercia@ easements nowblockedby private roads. users of the marina and other coastal r 5. Any additional major parking facili B. Inland of Coast Highway built on the adjacent railroad right-of beach. 1. To minimize resident traffic on Coast Highway and to encourage its use as a maJor coastal access road, ccmmercial development serving residential 6. Development on major undeveloped bl areas should not be permitted on Coast Highway itself within this subregion, 1antern Bay I and II) shol-ild give prior but should be encouraged inland. New commercial development should be encouraged in Dana Point. 2. The acceptable land uses and level of development for the southern half of the "Laguna C@reenbelt" (i.e., that area from Laguna Canyon Road to Crown Valley Parkway) has yet to be determined and subdivisions of the large land holdings in the "Greenbelt" should not be approved until the level of development has been established. F@39 SAN CI�m-TE 1. To protect the viewshed and to maintain coastal bluff landforms, develop- 5. To be compatible with the existing n ment on coastal bluff lots 3hould maintain an adequate structural- bluff set- a. Be maintained in the 15 DU/ACgro back.from the edge of the bluff. b. Strictly maintain the 1.5 criteri c. Maintain a 2:1 parking ratio witt 2. Development on coastal canyon lots should maintain a 10 foot structural into setback areas. setback. In the case of infilling in existing developed areas, structures should not encroach on the line of primary canyonside vegetation; a string- 6. Because Doheny Park Road primarily a line cond.ition is nor-k-J2y used to locate this setback. commercial development along that street 3. To maintain a development scale consistent with natural landforms, develop- coast-related commercial. ment on both ascending and descending hillside lots should maintain a gross density in the 11-12 du/.c range (aOt up to 15 du/ac gross) e,g., Boca de la Playa and Calle Sacra:rento. CATALINA 4. Development on multi-family zoned lots should be maintained in the 15 du/ac gross range with increases up to 26 du/ac gross to be considered as a means 1. To protect Catalina's historic functi of maintaining and increasing low and moderate-cost housing, e.g., along Del to enhance opportunities for public use o Presidente and Del Commercio. island, give priority to projects provi facilities. 5. To maintain the character of the area, the 1-5 criterion should be applied to lots 4000 sq. ft. or smaller. A 2:1 parking ratio should be strictly 2. In allocating Catalina's limited supp maintained on all residential development, and 2:1 parking that does not tourist-commercial development over new, encroach into setback areas should be maintained on all new duplex construction. 3. Ensure preservation of natural physic 6. Planning options in support of public access and use should be strictly as a condition of all development. rAintained in'all areas of the City's Pier Bowl Redevelopment Project. 4. To retain the existing character and habilitation of older structures; in new jects that are compatible in style, color development. 5. Encourage expansion of small passeng CAPISTRA:O BEACH tive to increased dependence on the priva 1. New development on Beach Road should be required to provide a 25-foot lateral 6. Pending resolution of the automobile access easement and be set back from the ocean compatibly with existing develop- require provision of on-site parking in n ment (stringline method). Cent of an existing house is being rehab 2. New develoorlent on vacant beachfront property adjacent to Doheny State Beach on-site parking place. should be protected for recreational use. Give priority to coastal recreation. 7. Permit no permanent development, oth outside the current city limits of Avalon 3. To reduce traffic attracted by non-coast related uses, only develop- ment that supports coastal recreationg e.g. boating supplies, should be allowed at the beach. SAN CLEMENTE ISLM New Development on coastal bluff lots between Pacific Coast Highway and 4. Ca.mino Capistrano should be set back adequately to assure its safety. 1. In the event that the federal govermn Development observable from the public beach should be set back enough to be Clemente Island, the island should remain out of sighto if possible; where necessary to achieve this objective, second or open space. stories should be set back farther than the first stories. E-40 State Commissioners January SAN DIEGO OCEANSIDE A. Harbor Areas: The cumulative effect of new development within the Harbor Area on traffice congestion and recreationsal opportunities should be evaluated as a part of the Harbor Precise Plan now underway. Interim development should be limitd to: (a) Public parking lots. (b) Improvement of existing streets to enhance traffic flow. (c) Pedestrian walkways to and along the waterfront, and park areas, including associated lighting, safety, fences, and landscaping. (d) Other public beach support facilities such as showers and toilets. B. Oceanside Redevelopment Area: New development in the Oceanside Redeveloment Area should emphasize creating a beach-oriented tourist-recreational community that would enhance public access to and enjoyment of the beach area, and be coupled with improved bus and new local shuttle services. To adequately consider the cumulative impact of individual projects on traffic congestion, beach access, and urban design, the City should adopt "specific plans" for the beach area districts of the Redevelopment Area prior to individual project approvals. Particularly: (a) Public Ocean Views: To maximize public views to and along the shoreline, the height of development along the Strand should generally be limited to the height of the bluff behind it. Where the preservation of substantial ocean visstas have been guaranteed, structures along the Strand higher thana the bluffs may be allowed. (b) Public Beach Parking: Provision of public beach parking on Santa Fe Railroad land for users of the Strand beach should be encouraged now and required as a part of the proposed railroad track lowering project. (c) Public Access Stairways: Public access stairways connecting the stub-end streets near Pacific Street to the Strand Beach should be improved at the time at which development occurs adjacent to them. (d) Scale of Blufftop Development: To protect coastal visual qualities and maintain the character of surrounding areas, development along the West side of Pacific Street should be limited to two stories and 25 feet in height. (e) Pier Area: The new pier area should be developed as a pedestrian-oriented unit landward to the railroad station, with high priority given to visitor oriented shops and restaurants and with shared parking for such development and the train stop. (f) Residential Development: South of the pier area, priority should be given to rehabilitation of older structures where feasible, and infilling on vacant land consistent with the rehabilitated residences. North of the pier area, higher densities should be encouraged to provide rental housing, including low-and moderate-cost units., for summer and year-round occupation. C. The South Pacific Street Area: l. Beachfront Development: New shoreline development along South Pacific Street should be no higher above street level than the prevailing height of nearby development, and extend no farther seaward than adjacent development. CARLSBAD A. South Shore of Buena Vista Lagoon l. Development Design. Development along the Lagoon shore and within its viewshed should be designed to minimize alteration of existing landforms. Development should also minimize the removal of existing vegetation on the slopes overlooking it. B. Area Generally Between Jefferson Street and Agua Hedionda Lagoon l. Intensity of Development. Density and intensity of develeopment in this area should not exceed that designated on the Land Use Element of the Geneeral Plan in effect on January l, 1977. Multi-family residential development between the ocean and the ATT&SF railroad should, in addition to the parking required by the general guidelines, include one guest parking space for 0-5 units and one additional guest sspace for each additional 5-unit increment. Development approvals in this area shoudl include a specific finding that it, together with the existing and committed development, and recreational/vistor traffic, would not cause the designed capacity of Elm Street, Tamarack Boulevard and Carlsbad Boulevard to be exceeded at the time such development is completed. 2. Old Downtown Development. Commercial redevelopment in the old downtown area should retain its small scale character, Mixed residential/commercial uses may be permitted provided it is demonstrated that adequate shared parking will be available. 3. Development Near Carlsbad State Beach. Development within at least three blocks of Carlsbad State Beach should be designed to minimize curb cuts and maximize the availabilty of on-street parking. In order to maintain the visual charcter of the area adjacent to Carlsbad State Beach, no structures along Carlsbad Boulevard should exceed two stories and 25 feet above pre-existing grade. 4. Shoreline Development. The sclae, particularly height of new development along the west side of Ocean Boulevard, should be consistent with the existing surrounding development. Consolidation of sideyard setbacks to maximize ocean view from Ocean Boulevard should be required where possible. The seaward extent of development should be determined by the stringline method. State Commissioners 2. Protect Apricultural Uses: To protect the area's coastal related, specialty- agricultural economy and its distinctive character, field flower and truck crop C. Agua-Hedionda Lagoon Area agricultural uses should be retained. .To balance the recreational, scenic, agricultural @and development potential of the 3. Scenic Coastal Roads: Development along 'scenic coastal routes, particularly Agua Hedionda Lapon area, protect its wetland resources, and Provide public facilities Old Highway 101 and the roads leading from 1-5 to the ocean, should be designed In phase with private development pending the certification of the agua Hediona to maximize retention of existing public ocean views. Specific Plan @y the Comm-ission.. 4. Public Beach Acces .s: To.provide maximum.oppor .tunities for beach access in 1. A program for providing and maintaining public access from the nearest road to Leucadia, new development west of Neptune Avenue and within 500 feet of Jupiter Street the Lagoon and a continuous public accessway along its north shore should be and Athena Street should not preclude the County from providing future public instituted by the City. access to the beach in accordance with its public beach access plan. 2. Marshes and I@udflat areas and the Agua Hedionda. Creek flo odplain should 5. Development in Lap,,oon Viewsheds: To maintain the visual Integrity and scenic not be.altered. quality of the area surrounding Batiquitos, San Elijo, and San Dieguito Lagoons, development within their viewsheds should be designed to be subordimate to existing 3. Buildings on the north shore should be set back from the water's edge.a landforms, should emphasize the retention of as much of the existing vegetation as ,Sufficient distance to allowthe provisions of the continuous public shoreline possible, and should contain needed structures to prevent erosion and siltation accessway. into the lagoons tributary, floodplains, br streambeds. 4. Existing agricultural lands should be retainpd in agricultural production. 6. Residential Densities: To avoid excessive residential densities west of 1-5 that would cumulatively impede public access to the shoreline area and to mai-ntain 5. The construction of Cannon Road not be committed. community character, density of new development should be generally consistent with in the County's San Dieguitc, Community Plan. 6. The area between the Eucalyptus row and Hoover Street extension should be reserved for possible recreational use. 7. Cardiff DuDlex ADProvals: To retain the existing character of the Cardiff area, the type, height and bulk of new development should be consistent with that prevailing 7. At this time, boat launching facilities should be limited to Snug Harbor, in the immediate area, usually the same block. Development in the Cardiff/Cardiff A Whitey's Lar-ding. subdivisions should be designed to protect ocean views from public streets and landward development. 8. Develo-,nent deLnsities on the north shore should be consistent with the design and public access criteria developed by the City, property owners, and Commission staff 8. Fiden 'Gardens: Low and- moderate-income housing in the Eden Gardens area should as a part of the SDecific Plan. be protected by 0-oiding demolition and by encouraging the maintenance of existing housing units. The Pannonia property should not be committed to residential development until its recreational potential is fully considered. 9. Cardiff "Restaurant Row": To avoid further restrictions on public access to the beach, D. Dpvelcz-ent 2etween Agua Hedionda and Batiouitos Laaccns, incIL n dL -g unincorporated of the Ocean and San Elijo Lagoon, ensure integrated design of the development of this Co@unty area: commercial strip along Old Highway 101, new development in this area should be based on a finding that: Devel=ment betwee-ri the two lagoons should be generally limited to infilling in already developed hubs in this area including: Car Country; the ccmercial hub south east (a) Adequate provisions have been made for pedestrian and automobile traffic of the intersection of 1-5 and Palomar Airport Road; Palomar Airport; Cabot, Cabot and safety along Old Highway 101; Forbes industrial Park; Avenida Encinas Industrial area; and the Spinnaker Hill and Sea Port residential subdivisions. Other development or division of land, other than for (b) Adequate vertical access to and a public walkway along the Ocean front, a minimum agricultuz-all purposes, should not be approved until an overall plan which maximizes of 8 feet in width, and which ties in with the existing walkway, have been provided; the open-s-pace and recreational potential, protects significant habitats and defines the develcp*.ment potential for the area is accepted by the Commission. (c) The project maximizes remaining coastal vistas and conforms to a common design theme for the area; (d) The project would not cause the designed capacity of Old Highway 101 In VfM;CCMICRA= COTITYY AREA this area to be exceeded. A. San Dieez,.dto Cor-ninities. B. See Carlsbad Section D: "Development between Agua Hedionda. and Batiquitas Lagoons". 1. Ypdntain Co-nunity Character: Development in the san Dieguito communities should be compatibia wita their existing lower-density, semi-rural character; existing lower-cost housing should be maintained. E-42 DEL MAR 1. Development Adjacent to San DieeuitO lazoon. New development adjacent to@ the 3- Commercial Development. Neighborhood-s Lagoon should be set back far enough to protect the Lagoonvs natural values, to a high priority in the two existing commercial a withstand flooding and geologic hazards, and'to provide public pathways along the shore Road between Highway 101 and Via Cortina, to min ,where feasible. Such development should be low profile and designed to retain an open feeling along the lagoon shore. 4. Development in Torrqv P nes R@qeach Per 2. Residential Character. New residential development should be compatible with in the Torrey Pines Research Park area should no the existing residential character of this special coastal- commwinity, should minimize slopes an*d canyons overlooking Sorrento Valley alteration of existing landforms, and should avoid the removal,of existing vegetation, be low-profile and adequately landscaped to pres particularly mature t;ees. of the surrounding coastal viewshed area. Prio research uses which would benefit from proximity 3. Commercial Develorment. Commercial development should be concentrated.along Camino Del Mar where such development already exists, and should be designed to Protect S enic Qualities of No. Torrey reinforce it .a village-like character. visual qualities, tche eucalyptus, pine, and othe Road north of Genessee should be retained. Acce 4. Develonment at the South End of the City. Development at the south end of the hould be consolidated and designed to minimize City, particularly west of Camino Del Mar and south of Carmel Valley Road, should be 11 designed to ranimize the alteration of existing landforms to be low profile and to trees and other significant vegetation. maximize public views from the public roads toward the ocean, La Jolla, the Torrey Pines 6. Visitor-Se-ving Development: Visitor-s State Reserve, and.Los Penasqu itos Lagoon. shops should be given high priority in areas.des in the adopted Torrey Pines Community Plan. No 5. Fotel/RR Pronertv and Oceanfront'Land Between 15th and 18th Street. Primary at this location. development in this area should be visitor-commercial and public beach use-oriented. It should be desigred to maximize the public views.-of.the ocean. B. LA JOLLA 6. Improvements to Camino Del Mar.. Improvements to Camino Del Mar designed to 1. Parking Facilities Servine Central Busi improve its appearance and to provide bicycle lanes should also ensure that it continues the central business distr--ct should provide par to servelthrough-traffic and recreational traffic demands. and patrons. Shared parking facilities in the c 7. Shoreline Development, Private development adjoining the shoreline should not visitor use of peripheral parking areas served b be allowed to encroach onto beach sand. Where reasonable, beach sand areas should be to the central area, should be encouraged in maj dedicated for oceanfront access as a condition of development. 2. Parking in La Jolla Shores. Developmenl CITY OF SAN DIWO would limit opportunities for on-street, beach a Additional off-street parking facilities should development at Scripps Institution-of Oceanograp A. TORRa Prim/mr- =-ITY C= facilities, and such parking should be made avai: weekend periods where feasible. 1. Delineate Northern Limit of Development in Sorrento Valley, To assure the ,protection of sensitive land and riparian habitats and to provide appropriate natural 3. Low-Moderate Cost Housing Opportunities buffer areas, the nor6erly limit to industrial expansion in Sorrento Valley should be units in La Jolla should not be decreased by dem established by the Cormnission, the State Department of Fish and Game and the CitY nf be given to using City-owned land for low-and mo( SanIDieFo prior to any additiona.L.(ievelopment northerly or existing deve.Lopea area .s. 4. Development of Recreational Facilities. 2. Del Mar Terraces. In the Del Mar Terraces area, new residential development consistent with long-term resource protection, d should be sited and designed to maintian the vegetated appearance of this hi-Ilside, and should provide for a mix of recreational uses ba be visually subon-Linate to the natural landscape, especially the sandstone bluffs. of the area, including reservation of some bluff Removal of existing major vegetation, especially mature trees, should be minimized, and the beach area for swimsuit-optional bathing beach accessways that minimize bluff erosion sh bluff face restricted elsewhere. In general, de and beach areas should be minimal to preserve th 5. Maintenance of Community Character. Re generall@cons=istent w@iththe@adopted La Jolla C E-43 be considered where they would maintain or increase the number of low- and Moderate incom 4. Circulation System: Emphasis should be giv housing units. The visual amenities and the character of village-like low-profile pedestrian an bicycle travel along Mission Boulevard development in the commercial center should be preserved. New commercial development to Mission Boulevard should be encouraged, by minimi should primarily be retail or service-, additional office development should be discourage some east-west streets. Visitor and commuter autom Mixed residential-commercial uses which would enhance the pedestrian-orientation of the community should be reduced by establishing a major village area should be encouraged. stop at the northerm edge of the Community with exte to its neighborhoods and recreational areas. Bicycl 6. 'Nei.,.hborhood Commercial Centers. To minimize automobile traffic and congestion bicycle parking/storage facilities provided-,at major along La Jolla Boulevard, the Bird Rock and Nautilus Street commercial areas should primarily serve nearby residents and be pedestrian-oriented. Drive-through 5. Peripheral Beach Parking: Peripheral parki busiresses or commercial uses not primarily oriented to the local neighborhood should be developed. Additional major parking facilities be discouraged. should be avoided. 7. Curb Cuts. To facilitate traffic flow along the major coastal access 6. Belmont Park: Belmont Park should be retal routes, particularly la Jolla Boulevard and Pearl Street, curb cuts on major streets recreational resource through a development plan. should be minimized. Access to parking facilities should be from rear alleys where feasible. R. MISSION BAY C. PACIFIC BZkCH 1. Continuous Public Accessway: New developme set back enough to allow for a continuous shoreline New develorment should be compatible with the prevailing low-profile character of bicyclists in the future. As development occurs on the corz-.unityls're@idential areas.' Additional parking for beach users, such as sharid construction, segments of this accessway within new parkirg with restaurant and other commercial developments, should be provided in improved. conjunction with a new development Visitor-oriented commercial development and development supporting beach use should be concentrated in the commercial areas along 2. low/Moderate Cost Visitor Facilities: Prio and in the vicinity of Mission Boulevard. Development along Mission Boulevard, Grand cost public recreational and visitor-oriented facili Street, and Garnet should be designed for maximum efficiency of traffic flow, such as providing them along with other facilities-should g by vdnimizing cu:i) cuts, and for enhanced ap@earance by providing generous development in Mission Bay Park. landscaping. D. MISSION BEACH 3. Scale of Development: New development shou with the open character of Mission Bay Park. 1. Densitv of Develo-,ment: Encourage the continuation of existing medium-priced 4. Reserve SDecial-Use Areas: Areas suitable rental units at densities of up to 36 du/ac.re. To mitigate the potential effects of facilities including dock, launching-rairp and dry-st higher residential densities, all new development should be attractively landscaped. reserved for such uses. 5. Beach Encroachments in Crescent Bay:. The 2. Parking: Where small parcell sizes preclude the application of standard and water should be removed or modified to allow con parking requirements, required parking (to be computed on the basis of all units, new beach. Other private encroachments onto the beach, or existing, on a lot) should be: single @amily residences - 2 spaces; and duplexes - also be removed. 3 spaces. Where lots are consolidated to permit larger residential structures, standard parking requirements should apply. Alley access to parking facilities should be F. OCEAN BEACH req=red wherever feasible. Tandem parking should be permitted if at least one space in each tandem set is in a garage or carport. Use of "grass-cretell or other materials 1. Residential Development: To avoid congest for paved areas which will mitigate the paved-out appearance should be encouraged. maintain the character ot the community, the scale Secure.bicycle parking facilities should be provided in any major commercial development. residential development should be consistent with t development and should generally follow the recomme 3. Cornercial Uses: To preserve the service capacity of Mission Boulevard - the Ocean Beach Precise Plan. major coastal access route for recreational traffic, neighborhood serving commercial activities should be given a high priority. Visitor-serving commercial recreation should 2. Commercial DeveloDment. New commercial dei be encouraged adjacent to Belmont Park, and in the vicinity of Pacific Beach Drive at the adequate parking to fully meet the needs of its empl northern boundary of the Community. development supporting beach use should be given pri Newport Avenue. E-4 4 3. Parkin Parking with shuttle services for beachgoers should be provided in tne vicinity of Robb Field and at Himitz and West Point Loma Blvd. IMPERIAL BEACH G. BAFWO LOGAN 1. Cc nit 1. Shoreline Development- Development in the Beachfront Redevelopment Area @ E@uni y C@Eacter. While planning is underway to resolve the conflict should maintain the scale of-existing development and should be attractively between Fe Industri zoning of the area and its predominantly residential use, designed. Paper street ends between First Street and the ocean should be improved no additional industrial development or expansion should be allowed. by, the developer at the time development 'adjacent to them occurs. 2. Low- and Moderate-Cost Facilities:, Low- and moderate-cost housing and CHULA VISTA BAYFRO.Irr AIRU. visitor-oriented should be given a high priority in the beach area. Visitor-oriented development should be concentrated in the vicinity of the pier area and in existing 1. Low-and Moderate-Cost Visitor and Recreational Develoument- To enhance commercial hubs. public access.ro the shoreli-ie'areas of South San Diego Bay, low- and moderate- cost visitor recreation facilities and housing should be provided throughout the Bayfront A--ea. TIJUANA RIVER VALLEr 1. Flood Protection: Flood protection for the river valley, such as the dissipator NATIONAL C=.L structures endorsed by the City of San Diegop should be allowed to the extent of protecting the agricultural and recreational uses of the river valley and not at to Y the expense of destroying significant habitat. 1. P'rio-i arine Related/DeDendent Industry: The industrial area of National City west of 1-5 (which is essentially al: of the area of National City within the Coastal Zone Boundary) should be developed or redeveloped with priority 2. Agricultural- Lands: Because of the importance of coastal agricultural lands given to marine rellated/dependent industry. Particular emphasis should be given to and their suitability in the flood-plain area, these lane] should be retained in design and landscaping of development along coastal recreational access routes. agricultural production. CORZADO 1. Residenti--' Develcoment: New development in residential areas should generally be compatible in height and bulk with existing development to preserve the scale and character of the community. 2. Hotel Del Coronado/Coronado Shores: Future expansions or major development in these areas fuLly consider maximum feasible public access as a condition of a;proval. Protect and enhance existing public access to the waterfront as part of arrf new development. 3, Ccr@onado Ferry Lardina: Priority for development of this site should be given to visitor-oriented or residential development consistent in scale with sun- rounding de-velopment. U 'ses on this site should be coordinated with the adjacent port tidelandst and provide a public area on the bayfront for passive recreation and for visual enjoyment of San Diego Bay and of the downtown San Diego skyline. 4. Glorietta -y-Area: To ensure maximum feasible public access along the to pr7 shoreline and gide for balanced and orderly expansion of recreational boating facilities, further development of the Glorietta Bay area should await the cc6pletion and adoption by the City of Coronado of the Glorietta Bay Master Plan. E-45 APPENDIX Parking Standards STRUCTURES AND USES Planned Residen- tial Developments. Single Family: Residential Uses: Flat Lands: Hillside Areas: NON RESIDENTIAL USES; Planned Residen- tial Developments, Multiple-Family: Residential Uses: Hotel OFF-STREET PARKING REQUIRED 2 stalls for each dwelling unit within a garage or carport. 3 stalls for each dwelling unit, at least two within a garage or carport. As required by this schedule plus additional stalls for non-resi- dential uses as may be required by the Commission. As required by this schedule. As required by this schedule plus additional stalls for non-rese- dential uses as may be required by the Commission. 2 stalls, plus 1 stall for each dwelling unit, plus 1 stall for each guest room or suite of rooms for the first 30; 1 stall for each 2guests' rooms or suites of rooms in excess of 30 but not exceeding 60; 1 stall for each 3 guest rooms or suites of rooms in excess of 60; plus 1 stall for each 100 square feet of gross floor area used fo consumption of food or bever- ages, or public recreation areas; plus 1 stall for each 5 fixed seats and for every 35 square feet of seating area where there are no fixed seats in meeting rooms or other places or as- sembly. LOCATION Within project area, location subject to Commission Approval. Within project area, location subject to Commission Approval. 300 feet E-4 1-252.02.03 EDUCATIONAL AND CULTURAL USES; Child Care Center, Day Nusery, Preschhol or Nursery School Elementary or Juniot. His=gh School, including Auditoriums, and Sta- diums on the site High School, including Auditoriums and Sta- diums on the site College or universityk including Audiotroiums and Stadiums on the site Business, Professional or Trade Schools Libraries, Museums, Art Galleries and Aquariums 1-252,02,04 PLACES OF ASSEMBLY AND RECREATIONAL USES; Restaurants, NIght Clubs, Bars and simi- lar establishments for the sale and consump- tion of food or bever- ages on the premises Theater, Auditorium, Arena or Stadium except when each of a school or insti- tutional use 1 stall for each staff member, plus 1 stall for each 5 children or 1 stall for each 10 children where a circular driveway or its equivalent designed for the continuous flow of pas- senger vehicles for the pur- pose of loading and unloading children and capable of simul- taneously accommodating at least two such vehicles is provided on the site. 2 stalls for each teaching station. 7 stalls for each teaching station. .85 stalls for each full time equivalent student, less the number of stalls provided to serve on-campus housing facilities in accord with this schedule. 1 stall for each faculty member or employee, plus 1 stall for each 3students based on the maximum number of stu- dents attending classes at any one time during any 24-hour period. 1 stall for each 250 square feet of gross floor area. (See Commercial and Business Uses) Onsite Onsite Onsite Onsite 300 feet 300 feet 750 feet Churches 1 stall for each 3 fixed seats and for every 21 square feet of seating are in the main auditoriums where there are no gixed seats. Onsite Cahpels and Mortuaries 1 stall for each 3 fixed seats and for every 21 square feet of seating area in the main chapel where there are no fixed seats, plus 1 stall for each 350 square feet of gross floor area outside the main chapel. Onsite Litraries, Museums,Art Galleries and Aquariums (See Educational and cultural uses) Dance Halls, Pool or Billiard Parlors,Roller or Ice Skating Rinks, Exhibition Halls and Assembly Halls without fixed seats, including Community Centers, Privat Clubs, Lodge Halls and Union Headquarters 1 stall for each 3 persons allowed within the maximun occupancy load as establisehd by local, county, or state fire, building or health codes, or 1 stall for each 75 square feet of groos floor area, whichever is greater. 750 feet Bowling Alley 5 stalls for each alley. 300 feet Golf Driving range, open to the public 11/2 stalls for each 10 linear feet of driving range. Onsite Golf Course (Regulation), open to the public 8 stalls for each hole, plus 1 stall for each employee. Onsite MIniature or "Par-3" Golf Course, open to the public 6 stalls for each hole, plus 1 stall for each employee. Onsite Swimming Pool, Commercial 1stall for each 100 square feet of water surface, plus 1 stall for each employee, but not less than 10 stalls for any such use. Onsite Tennis Court, open to the public 2 stalls for each court. Onsite Private Golf Course, Country Club, Swim Club, Tennis Club, Recreation Center, or similar use 1 stall for each 4 persons, based upon the maximum capacity of all facilities capable of simulta- neous use as determined by the Zoning Administrator, plus 1 stall for each 2 employees. Onsite E-47 STRUCTURES AND USES OFF-STREET PARKING REQUIRED LOCATION 1-252.02.05 OFFICE USES: Commercial Bank, Sav- 1 stall for each 175 square feet" 300 feet Restaurants, Night 1 stall for each 50 square feet Onsite ings and Loan Offices, of gross floor area of the main Clubs, Bars, and simi- of gross floor area. other financial insti- floor, lobby, or window service lar establishments for SERVICE AREA tutions, Utility Office, area. the sale and consump- Mutual Ticket Agency, tion of food or bever- other similar window ages on the premises service offices Professional Offices 1 stall for each 15 square feet of 300 feet Drive-In and Window 1 stall for each 50 square feet Onsite of Doctors, Dentists waiting, room area, plus Service Restaurants of gross floor area, but not or similar professions 1 stall for each examining room, providing outdoor less than 10 stalls for any dental chair or similar use area. eating area or walk- such use. up or drive-up window Other Business, Tech- 1 stall for each 250 square feet 300 feet service nical Service, Admin- of gross floor area. istrative, or Profes- sional Offices Laundromats and Coin 1 stall for each 2 machines. Onsite Operated Cleaners 1-252.02.06 BUSINESS AND COMMERCIAL USES: Automobile Service 2 stalls for each lubrication Onsite Stations stall, rack, or pit, plus Beauty Shop or Barber 3 stalls for each of the first 2 300 feet 1 stall for each gasoline pump Shop beauty or barber chairs, plus outlet. 1 1/2 stalls for each additional chair. Auto Wash, except Reservoir (line-up) parking equal Onsite Other Personal Service 1 stall for each 250 square feet 300 feet self-service to 5 times the capacity of the auto Establishments, in- of gross floor area. wash. In determining capacity, cluding Cleaning or each 20 linear feet or wash line Laundry Agency or simi- shall equal one car length. lar use General Retail Stores, 1 stall for each 200 square feet 500 feet except as otherwise of gross floor area. provided Auto Wash, Self- 5 stalls for each 2 wash stalls. Onsite Service Shopping Centers 5.5 stall for each 1000 square Onsite (on District) feet of gross floor area within Furniture Store, Ap- 1 stall for each 500 square feet 750 feet the center; or pliance Store, Ma- of gross floor area, except Stable as required for each indi- chinery Rental or floor area used exclusively for vidual use within the center in Sales Store (exclud- storage or loading, plus accordance with this schedule. ing motor vehicle 1 stall for each 500 square feet rental or sales), and of outdoor sales, display or Shopping Centers (All 8 stalls for each 1000 square feet Onsite similar establishments service area. other Districts) of gross floor area within the which handle only center; or bulky merchandise Stalls as required for each indi- vidual use within the center in accordance with this schedule. Food Store, Grocery 1 stall for each 150 square feet Onsite Commercial Service 1 stall for each 500 square feet Onsite Store, Supermarket, of gross floor area. Establishments, Repair of gross floor area, except Shops, Motor Vehicle floor area used exclusively for Repair Garages, and storage or loading, plus E-48 similar establishments 1 stall for each 500 square feet and similar use of outdoor sales, display, or service area. lar Vehicle Sales or Automobile, Truck, 1 stall for each 500 square feet Onsite Boat, Trailer or simi- of gross floor area, except lar Vehicle Sales or area used exclusively for stor- Rental Establishments age or loading, plus 1 stall for each 1000 square feet of outdoor sales, display, or service area. Rental Establishments Wholesale Establish- 1 stall for each 500 square feet 750 feet ments, Mail Order of gross floor area; but not Houses, Printing and less than Publishing Establish- 5 stalls, plus ments,and Carsage or 1 stall for each employee. Express Facilities Lumber Yard 1 stall for each 500 square feet Onsite of gross floor area, plus 1 stall for each 1000 square feet of outdoor sales, display, or 1 stall for each employees. Contractor's Storage 5 stalls, plus Onsite, but Yard, Salvage Yard, 1 stall for each employee. separated from Junk Yard, Automo- the enclosed bile Wrecking Yard storage area Retail Plant Nursery, 5 stalls, plus Onsite Garden Shop, including 1 stall for each 500 square feet Greenhouses or Lath- of outdoor sales, display or houses, or similar service area. outdoor sales and dis- play establishments 1.252.02.07 MANUFACTURING AND RELATED USES: Manufacturing or In- 1 stall for each 350 square feet Onsite dustrial Establish- of gross floor area; but not ment, including of- less than fices and other inci- 3 stalls for each 4 employees. dental operations on the same site Laboratories and 1 stall for each 300 square feet Onsite Research Establish- of gross floor area; but not ments less than 3 stalls for each 4 employees. Warehouse or Storage 1 stall for each 1000 square feet Onsite Building of gross floor area; but not less than 1 stall for each employee. Public Utility Faci- 1 stall for each employee; but not Onsite lities, including less than Electric, Gas, Water, 2 stalls for each such facility. Telephone, and Tele- phone Facilities not having business of- fices on the premises E-49 ATTACHMENT F A SUMMARY OF THE ALTERNATIVES LOOKED AT DURING THE DEVELOPMENT OF THE COASTAL PLAN Attachment F A Summary of the Alternatives Looked At During the Development ofthe Coastal Plan. Changes To.Substantive Elements And Policies In developing the Coastal Plan, the Coastal Commission's consideration of alternative ideas, positions,' and possibilities took nearly.three years. The record of this process would run to tens of thousands of pages. Any attempt in this Draft EIS to reconsider all policy alternatives would dupli- cate years of effort, and would only have repeated the thorough, thoughtful, and public process that the Coastal Commissions have already gone through in preparing the Coastal Plan. Even the recording of this process would be elaborate and would serve little value beyond its historical interest. But a brief discussion of some alternatives to one of the main components of the management program -- the coastal zone boundaries -- is illustrative of the process that has already been completed and indicative of the number of substantive changes that can be made to the management program without probable serious effects to the overall impact. There are three tiers to the "coastal zone" in the.implementation concept recommended in the Coastal Plan. The first is.the broad area in which major projects typically have a direct and signi- ficant impact on coastal waters and must be consistent with the management program for it to be totally effective. The second tier is the area in which local planning for all uses must take into account the broader statewide interest in the coast as expressed in the Coastal Plan policies. Finally, the third tier is the land and water area along the coastline that is of critical concern and over which the State exercises direct regulatory control while the local coastal programs are being prepared and some regulatory oversight after the local program have been certified as being consistent with the Coastal Plan., The Coastal Plan irecommends.that the coastal.zone, as defined in Proposition 20, would be the broadest area in which the coastal management program would be applied, and, that this would be accomplishedthrough the cooperation of State agencies, which would be guided by the Coastal Plan in carrying out their responsibilities and Federal agencies which would be subject to Section 307 of the Federal Coastal Zone Management Act. The second area would be the coastal resource management area which included those areas within the coastal zone containing significant coastal resources and those areas where it has been determined that development may directly or cumulatively affect access to coastal recreation areas. The third area would be the coastal resource management area or the 1,000- yard permit area, whichever is less.- The coastal zone designation includes all of the ocean waters within the jurisdiction of California and all lands to the highest elevation of the nearest coastal muntainzrange, except in Los Angeles, Orange, and San Diego Counties, where the coastal range is often some miles inland, the coastal zone would extend to the top of the coastal rangeor five miles from the mean high tide line, whichever is less. This determination has the advantage of being familiar because of its use by the Coastal Commissions in their planning. Alternatives would include a borader area such as entire coastal counties, a smaller area such as the coastal resource management area, or no area at all with the determination of whether a project should be consistent with the Coastal Plan inade on a case-by- case basis depending on whether it would have a direct and significant affect an the coast. The us&of coastal counties as the coastal zone would have.the advantage of admiriistrative con- venience because-similar rules would be applied in the entire county. It has the disadvantage of encompassing a vast area the use of which may have little or no direct impact on the coast. This is particularly evident in Los Angeles County which extends beyond the distant coastal mountains into desert areas. Using the coastal resource management areas as the complete extent of the coastal zone would draw on the detailed analysis that went into establishing the inland boundary of the CR4A but would totally exclude from the program major projects in areas that would not be subject to the daY-t07day review by the coastal.agency and important resources that have limited effect on the coast unless they are urbanized or intensified in use. F-1 Adopting a program that would require a case-by-case analysis of whether a project would have a direct and significant impact on coastal waters and requiring such projects to comply with the coastal management program would ensure that only relevant developments would be subject to the restrictions of the management program. However, this could be accomplished only if either (1) all proposed development within a vast area is monitored by the coastal agency to determine probable impacts on coastal resources; (2) all proposed development is submitted to the coastal agency for an initial re- view. This alternative would eliminate the need for some projects that would be within a geographi- cally defined "coastal zone" from being subject to the provisions of the management program if they are functionally unrelated to the coast. But it would provide a great deal of uncertainty to developers in initiating their plans because they would not know if the coastal management provisions would apply to their projects. It would also require two administrative mechanisms to be developed: me for determining whether a project would have a direct and significant impact on coastal resources and another for determining whether the project would comply with the management program. Alternatives'also exist for the area in which local planning must be brought into conformity with the Coastal Plan. Plans for entire jurisdictions that border on the coast could be required to be con- sistent with the Coastal Plan. This would alleviate the problem of having different zoning restrictions and ordinance requirements apply to the coastal portion of a mmicipality than to inland areas. But -in some cases it would apply State policy to areas that were not studied as partof the management pro- gram development (again, the Los Angeles County example is relevant) or might not cover a municipality at all if it is back from the immediate coastline. Limiting local coastal planning to a smaller area directly along the coast would force the planning to be concentrated on the most pressing issues but would attempt to resolve them without addressing them in the context of the larger coastal resource management area that was derived from an intensive investigation of coastal resources. similarly, direct State involvement in the management program could cover a larger area than pro- posed, be limited to a smaller area, or be based on a case-by-case determination of a project's impact on the coast. The most apparent alternative for a larger area which would be subject to direct regu- lation by the State would be the coastal resource management area without the limitation of 1,000 yards maximum as proposed in the Coastal Plan. This would clearly give the State direct jurisdiction over the area it identified as being important to coastal management in its planning, but would, in some cases, greatly extend the direct regulatory authority of the Coastal Commissions. *This would. appear to be-unnecessary in light of the experience of the past three years, because in some areas the Coastal Commission has found that the 1,000-yard wide permit area is more than adequate and has, therefore, recommended that the CR,4A should be smaller than the permit area. In some areas this zone is more than adequate and the MIA is reduced accordingly. Finally, reviewing projects on a case-by-case basis to determine whether,thpy would impact the coast would require essentially the same administrative mechanism as would a direct regulatory pro- gram, as well as the same advantages and disadvantages of a functionally defined rather than geo- graphically defined coastal zone as previously discussed. Alternative Management Techniques In developing its final recommendations, the Coastal Commission considered five broad alternatives for carrying out the coastal management program. They were: (1) Multi-Purpose State Agency. A new State agency could be created not only to carry out the Coastal Plan but also to, have responsibilities in several related areas--perhaps statewide land use planning and regulation, transportation, energy supply and conservation, control of air, and water, quality. Under this alternative, carrying out the Coastal Plan would presumably be the responsibility of a division or department within a very large and powerful agency. In theory, such an agency would provide for effective coordination among the many areas of interest that affect the coast, such as high- way construction, agricultural land policies, and water quality control. In practice, it is likely that such coordination would depend largely on the priorities established in the enabling legislation and by the governing body. Whatever the statewide benefits of such an agency, it is clear that coastal pro- tection would be unlikely to receive the,high priority given it by the people of California through passage.of the Coastal Initiative (Proposition 20) in 1972. One option within this general alternative would be a statewide agency of the type outlined above, but with regional components--multi-purpose regional agencies--in at least the urban areas of the State. F-2 .(2) Single Statewide Agency. If economy were the main criterion, the best coastal agency would be a single statewide agency. There would be no regional components. The State agency would do all the coastal planning and regulation called for by the Coastal Plan; local governments would merely continue their present functions and authority. Because the workload for such a State coastal agency would be great, a commission of full-time members would probably be required. Without regional com- poftents, it might be difficult for such an agency to fully recognize and deal with the diversity of coastal areas. It would also exclude local government representation and greatly reduce public member- ship. Finally, accessibility of the public might be limited if there were only one headquarters in the State. (3) State Coastal Agency with Regional Components. Under this alternative, a State coastal agency would be established but it would have regional components to provide for greater public visi- bility and accessibility. Perhaps the structure established under the Coastal Initiative (Proposition 20) could be continued with a State and regional commissions; perhaps there could be a State commission, with regional as well as statewide representatives, and with regional offices or division but not commissions. (4) Carrying Out the Plan Entirely by Local Governments. Under this alternative, there would be no'.State agency. Existing State agencies (such as the Departments of Transportation, Fish and Game, and Parks and Recreation) would be directed to carry out the Plan'policies within their areas of responsibility, and.the bulk of the responsibility would rest with local governments. One way of achieving this would be legislation requiring that each local government have within its General Plan a coastal element consistent with the Coastal Plan. Another would be to require a comprehensive plan- ning'and implementation program to carry out Coastal Plan policies. Such a program might include capital improvement budgets and specific implementation techniques and ordinances, in addition to a land use plan. This alternative would provide for public accessibility to the agency and should provide for efficient and economical operation. The principal drawback, however, is that this alternative could not provide for a comprehensive view of the coastal zone. In the absence of a State coastal agency to oversee implementation of the Coastal Plan it seems likely that varying interpretations and appli- cations of coastal policies will occur. The Plan cannot always be specific enough to prevent conflicts. Providing for Plan revisions would also require some form of continuing State involvement in coastal planning. Also, could this alternative adequately protect coastal resources of state wide importance, ueigh and balance local vs. statewide issues, and deal effectively with the concerns of single-purpose agencies such as those in the field of transportation. Many of the adopted policies in the Coastal Plan have statewide coastal implications and may be beyond the scope of local governments to administer alone. Examples include: (a) coastal siting considerations for major energy facilities (power plants, refineries, offshore drilling platforms, liquid natural gas facilities, and tanker terminals) that are needed to meet California and national energy demands; (b) protection, enhancement, and restoration of resources of statewide,inportance, such as fishery resources, migratory bird habitats, and remaining wetlands through comprehensive statewide management programs; (c) the preservation of scenic vistas, significant open spaces, coastal dependent agricultural lands, and major coastal recreation areas that transcend local jurisdicational boundaries; (d) ensuring maximm public access to the shoreline; and (e) the development of major inter-regional ports and coastal transportation facilities. Local imple- mentation of the Coastal Plan could.not adequately protect these and similar statewide interes 'ts with- out some kind of effective coordinating agency. It is quite clear that this type of alternative would not meetthe requirements of the CD1A. (5) Plan Implementation Primarily by Local Governments but with a State Coastal Agency. This alternative would provide that most-of the Plan policies would be carried out by local governments, but that a State coastal agency would be created (a) to continue planning effortsin. order to keep the Coastal Plan up to date, (b) to hear appeals from-decisions of local governments challenged as being in conflict with the Coastal Plan, and (c) -to safeguard the statewide interest in coastal resource management. This alternative has several possible variations within it: there could be a single Statecoastal agency, or a State agency with regional components. Further, there could be regional components in existence for a short time, perhaps three years, to review local plans for conformity with the Coastal Plan. This alternative would provide for.maximum plan implementation by local governments but for a continued State planning and monitoring role. These alternatives were subjected to 20 public hearings throughout the State, intensive debate by the Coastal Commissions, and further refinement before the Commission developed its final recommenda- tions. Beyond these a few alternatives are still-being actively considered for carrying out a coastal management program. Each is discussed on the following pages. F-3 Legislature @bndate Program for Local Government Implementation One alternative would be to mandate local impl6m-entation of a coastal management program but to provide no administrative mechanism to enforce or review local plans and programs. Enforcement would be entirely judicial and extensive litigation would be required to define the requirements of the pro- gram and to ensure compliance by cities and counties. State agencies would continue to exercise re- sponsibility for certain aspects of coastal protection but would be free to define their roles. as they wished unless a court determined otherwise.. This alternative would, in effect, take the Coastal Plan, or a similar set of policies governing the California coast, and set them aside for casual-reference only. The approach is likely to have almost the same results as the alternative, of no coastal program at all. This is not because govern- ment agencies would ignore the Coastal Plan or their legal responsibilities to implement it under this alternative. As a practical matter, the policies would be subject to interpretations and without either sanctions or incentives to carry them.out, individual agencies would develop coastal protection programs only to the extent that they did not conflict with their other mandated activities. There would be no comprehensive or coordinated approach to coastal zone management, and there would be no way to resolve conflicts among government agencies or between citizens and government. Because enforcement of the policies adopted in this fashion would be solely through the courts., few citizens would have legal standing or the personal resources to-participate in coastal management decisions. Many projects that were denied permits under Proposition 20 because of their adverse impact on the coast would no doubt be built under this alternative since, starting January 1, 1977, coastal property owners and developers could begin construction as soon as local building permits were issued. It would be extremely difficult to block development under this alternative since a private citizen or organization would be required to seek judicial relief in each instance where a project violated the policies of the adopted coastal management program. Unless a court halted construction immediately, even successful suits would have little effect since the environmental damage they sought to Prevent would have already occurred. As in the first alternative, however, some comimmities would voluntarily embrace the principles of the adopted program and would initiate changes in their local general plans and ordinances. Coastal zone management would become a part of State planning law and gradually would gain acceptance by all local governments--just as most general plan requirements have today. In a survey of coastal counties in 1974 by the Governor's Office of Planning'and Research, about 25 percent of the plan elements required by State law were found to be "dissimilar" to the State mandated guidelines (see Local Government Plan- ning Survey, 1974). Thus, while there isgeneral compliance, there is considerable room for dissent. One might well imagine that a similar level of compliance could eventually be achieved with a State- mandated program for coastal zone management. Local Implementation with Minimal State Oversight A second alternative would be to provide an administrative mechanism in State government for resolving conflicts between State and local agencies but to provide local governments with a maximum of discretion in determining their own coastal amangement. programs. It has been suggested, for example, that a board be established in the Governor's office composed of selected members.of the Cabinet and heads of the State's environmental regulatory agencies to review.locally prepared coastal plans and ordinances *. The board,assisted by a small staff, would replace the six Regional Coastal Commissions and one State Commission established by Proposition 20. The authority of this board would be extremely limited. The interim permit control that has been exercised by the Coastal Commissions would return to local governments with no State oversight. Local governments would be required to prepare and submit local coastal programs but the requirements esta- blished by the State would be extremely broad and the Board would have little authority to enforce them. This approach would provide some mechanism for administrative resolution of coastal planning issues. . It would insure that local governments adopt local coastal programs which at least consider the State's guidelines for coastal zone management. At the same time, there would be a return to the fragmented approach to coastal zone management that characterized California before.Proposition 20. Local governments would have broad discretion,in the implementation of state-mandated policies and many developments denied under Proposition 20 would be constructed. The opportunity for some consensus between State and local agencies on the character of future coastal development would be lost and the avenues for citizen participation that have sustained broad public involvement in coastal planning over the past three years would be largely closed. The Coastal Commissions, consisting SO percent of local elected officials and 50 percent of public members, would be replaced by a small appointed board with little authority to'protect the State's intere 'st in coastal zone management and whose.members would be preoccupied with their agency responsibilities and concerns. F-4 Local Implementation with Joint State-Local Planning. This alternative is basically that proposed by the Coastal Plan. A comprehensive framework of findings and policies would be incorporated into State law and a State agency with both planning and regulatory authority would be established to: (1) continue regulating the use of land near the coast; and (2) assist local governments in preparing detailed local plans and ordinances which will carry out the policies adopted by the Legislature. The State agency could consist of six Regional Coastal Com- missions and a State Commission or be consolidated into a single State Commission. The main advantage of this approach is that the experience and expertise of the agencies established by Proposition 20 would be carried forward as part of the permanent coastal zone management program. Regional Commissions, which are more accessible and responsive to local planning needs, will play an important role in re- solving conflicts between State and local agencies. In addition, as a practical matter in administering a statewide permit program, a single part-time State Commission could not review all, permit applications. As proposed in the Coastal Plan, this approach would set aside an interim period during which coastal cities and counties and the Coastal Commissions would work together to bring local general plans into conformity with adopted statewide policies. There would be extensive'contact between State and local agencies during the Plan revision process and opportunities for public input at each stage of the planning would be provided. The joint effort would require concessions on both sides - local govern- ments might have to modify plans to convert prime agricultural lands to urban uses, for example, or to abandon the filling of wetland areas for industrial development. But the Coastal Commissions would have to meet the local governments half7way, providing flexibility in the application of statewide policies while insuring that the adopted coastal zone management program are followed. After certification of local coastal programs, local governments would have sole regulatory authority over development that is consistent with the approved local plan. Several additional aspects of this alternative come into play at this point. First, the Commission could have authority to review implementing ordiiiances as well as local general plans and thus have the right to scrutinize all future changes adopted by local governments in carrying out their coastal pro- grams. The advantage of giving a State agency this authority is that it would insure that the policies incorporated into local plans are in fact being carried out. The disadvantage is that this would in- vole a'State agency in the day-to-day decisions of local government on how to best implement adopted policy. While a one-time review of ordinances seems quite feasible, ongoing review authority in this area could become administratively cumbersome. Second, there is the question of permanent State regulatory authority after local coastal programs are approved. The Coastal Plan suggests that, in addition to projects that violate a certified local program, conversion of agricultural land and construction of energy facilities and major public works projects should be subject to Coastal Commission review on a permanent basis. The advantage of this added regulatory power is that highly significant local land use decisions would be subject to admini- strative resolution at the State level. The disadvantage is that such power could discourage local governments from seriously negotiating.on their local coastal programs since they could not be confident of having the power to administer them once adopted. The authority to review local ordinances and to hear appeals would allow the State to participate in the fine-tuning process of implementing approved local programs. The alternative to this gradual approach seems to be the application of administrative sanctions initiated when the Commission finds that a local coastal program is being violated. Third, activities along the coast which fall within the purview of existing regulatory programs can either be regulated concurrently by the coastal agency and the statewide agency involved or be exempted from coastal agency -review. The former approach insures that the coast will be managed comprehensively and that standards for development along the coast will be applied to deal with environmental problems which are unique to the coast. The debaie over concurrent jurisdiction to date has involved energy facility siting and the -regulation of forest practices -- two areas in which the responsibilities of statewide agencies (i.e., the Energy Commission and the State Forestry Board) could overlap with that of a coastal agency. The arguments against this approach, however, are that it is "unfair" to require different standards on the coast than elsewhere in the State, and that concurrent regulation is in- efficient and wasteful. F-5 li@luillililillffi 3 6668 14103 9737 COASTAL ZONE wo Pr?-vz @,, i i @;@ , CENTER