SECTIONS 30100-30122 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30100-30122

30100. Unless the context otherwise requires, the definitions in
this chapter govern the interpretation of this division.

30100.2. "Aquaculture" means a form of agriculture as defined in
Section 17 of the Fish and Game Code. Aquaculture products are
agricultural products, and aquaculture facilities and land uses shall
be treated as agricultural facilities and land uses in all planning
and permit-issuing decisions governed by 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 requires a site on, or adjacent to, the sea to be able
to function at all.

30101.3. "Coastal-related development" means any use that is
dependent on a coastal-dependent development or use.

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.

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 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.
(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 the 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 up to a maximum of 100 yards except as otherwise
provided in this subdivision, or the minimum distance seaward
necessary up to a maximum of 200 yards, to avoid bisecting any single
lot or parcel or to conform it to readily identifiable natural or
manmade features. Where a landward adjustment is requested by the
local government and agreed to by the property owner, the maximum
distance shall be 200 yards.

30103.5. (a) Notwithstanding map number 138 adopted pursuant to
Section 17 of Chapter 1330 of the Statutes of 1976, as amended by
Section 29 of Chapter 1331 of the Statutes of 1976, the inland
boundary of the coastal zone in Los Angeles County in the vicinity of
Los Angeles International Airport shall be the Pershing Drive built
after January 1, 1970, rather than the Pershing Drive built prior to
that date.
(b) Notwithstanding map number 149 adopted pursuant to Section 17
of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of
Chapter 1331 of the Statutes of 1976, the inland boundary of the
coastal zone in the area of the City of San Juan Capistrano in Orange
County shall exclude all portions of the City of San Juan Capistrano
and shall follow Camino Capistrano and Via Serra and generally an
extension of Via Serra to the point where it joins the existing
coastal zone boundary.

30105. (a) "Commission" means the California Coastal Commission.
Whenever the term California Coastal Zone Conservation Commission
appears in any law, it means the California Coastal Commission.
(b) "Regional commission" means any regional coastal commission.
Whenever the term regional coastal zone conservation commission
appears in any law, it means the regional coastal commission.

30105.5. "Cumulatively" or "cumulative effect" means the
incremental effects of an individual project shall be reviewed in
connection with the effects of past projects, the effects of other
current projects, and the effects of probable future projects.

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 (commencing 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
operations 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, generating, 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 reasonable period of time, taking into
account economic, environmental, social, and technological factors.

30108.1. "Federal coastal act" means the Federal Coastal Zone
Management Act of 1972 (16 U.S.C. 1451, et seq.), as amended.

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. "Implementing 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. "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.

30108.55. "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 any additional elements of
the local government's general plan prepared pursuant to Section
65303 of the Government Code, as the local government deems
appropriate.

30108.6. "Local coastal program" means a local government's (a)
land use plans, (b) zoning ordinances, (c) zoning district maps, and
(d) within sensitive coastal resources areas, other implementing
actions, which, when taken together, meet the requirements of, and
implement the provisions and policies of, this division at the local
level.

30109. "Local government" means 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,
limited liability company, or other business association or
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
paragraph (1), (2), (3), or (4) of subdivision (c) of 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 Commission, 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 other related 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, all projects of
the State Coastal Conservancy, and any development by a special
district.
(d) All community 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 nonestuarine rivers, streams, tributaries, creeks, and
flood control and drainage channels. "Sea" 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, including any river, stream,
tributary, creek, or flood control or drainage channel flowing
directly or indirectly into such area.

30116. "Sensitive coastal resource areas" means those identifiable
and geographically 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 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 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
maintenance 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 within the coastal zone that
constitutes a significant habitat area, area of special scenic
significance, and any land where logging activities could adversely
affect a public recreation area or the biological productivity of any
wetland, estuary, or stream especially valuable because of its role
in a coastal ecosystem.

30119. "State university" means the University of California and
the California State University.

30120. "Treatment works" shall have the same meaning as set forth
in the Federal Water Pollution Control Act (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 periodically or permanently with shallow water and include
saltwater marshes, freshwater marshes, open or closed brackish water
marshes, swamps, mudflats, and fens.

30122. "Zoning ordinance" means an ordinance authorized by Section
65850 of the Government Code or, in the case of a charter city, a
similar ordinance enacted pursuant to the authority of its charter.