SECTIONS 30210-30214 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30210-30214

30210. In carrying out the requirement of Section 4 of Article X 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.

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. (a) 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.
(b) For purposes of this section, "new development" does not
include:
(1) Replacement of any structure pursuant to the provisions of
subdivision (g) of Section 30610.
(2) The demolition and reconstruction of a single-family
residence; provided, that the reconstructed residence shall not
exceed either the floor area, height or bulk of the former structure
by more than 10 percent, and that the reconstructed residence shall
be sited in the same location on the affected property as the former
structure.
(3) Improvements to any structure which do not change the
intensity of its use, which do not increase either the floor area,
height, or bulk of the structure by more than 10 percent, which do
not block or impede public access, and which do not result in a
seaward encroachment by the structure.
(4) The reconstruction or repair of any seawall; provided,
however, that the reconstructed or repaired seawall is not seaward of
the location of the former structure.
(5) Any repair or maintenance activity for which the commission
has determined, pursuant to Section 30610, that a coastal development
permit will be required unless the commission determines that the
activity will have an adverse impact on lateral public access along
the beach.
As used in this subdivision, "bulk" means total interior cubic
volume as measured from the exterior surface of the structure.
(c) 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 4 of Article X 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 shall be
protected, encouraged, and, where feasible, provided. Developments
providing public recreational opportunities are preferred.
The commission shall not: (1) require that overnight room rentals
be fixed at an amount certain for any privately owned and operated
hotel, motel, or other similar visitor-serving facility located on
either public or private lands; or (2) establish or approve any
method for the identification of low or moderate income persons for
the purpose of determining eligibility for overnight room rentals in
any such facilities.

30214. (a) The public access policies of this article shall be
implemented in a manner that takes into account the need to regulate
the time, place, and manner of public access depending on the facts
and circumstances in each case including, but not limited to, the
following:
(1) Topographic and geologic site characteristics.
(2) The capacity of the site to sustain use and at what level of
intensity.
(3) The appropriateness of limiting public access to the right to
pass and repass depending on such factors as the fragility of the
natural resources in the area and the proximity of the access area to
adjacent residential uses.
(4) The need to provide for the management of access areas so as
to protect the privacy of adjacent property owners and to protect the
aesthetic values of the area by providing for the collection of
litter.
(b) It is the intent of the Legislature that the public access
policies of this article be carried out in a reasonable manner that
considers the equities and that balances the rights of the individual
property owner with the public's constitutional right of access
pursuant to Section 4 of Article X of the California Constitution.
Nothing in this section or any amendment thereto shall be construed
as a limitation on the rights guaranteed to the public under Section
4 of Article X of the California Constitution.
(c) In carrying out the public access policies of this article,
the commission and any other responsible public agency shall consider
and encourage the utilization of innovative access management
techniques, including, but not limited to, agreements with private
organizations which would minimize management costs and encourage the
use of volunteer programs.