SECTIONS 31200-31215 - California Statutes

PUBLIC RESOURCES CODE

SECTION 31200-31215

31200. The conservancy may award grants to public agencies and
nonprofit organizations for the purpose of restoration of areas of
the coastal zone that, because of scattered ownerships, poor lot
layout, inadequate park and open space, incompatible land uses, or
other conditions, are adversely affecting the coastal environment or
are impeding orderly development. Grants under this section shall be
utilized for the assembly of parcels of land within designated
coastal restoration areas, for the redesign of those areas, and the
installation of public improvements required to serve those 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 those 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 the conservancy, a
local public agency, or a nonprofit organization shall be identified
in a certified local coastal plan or program as requiring public
action to resolve existing or potential development problems or shall
be so identified in other local plans which the commission
determines to be consistent with the policies and objectives of
Division 20 (commencing with Section 30000). In the case of San
Francisco Bay, the lands shall be so identified in the bay plan, the
Suisun Marsh Protection Plan, or in any other local plan which the
bay commission determines to be consistent with such plans.

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 of funding
provided by the conservancy and the degree of local participation
shall be determined by the total amount of funding 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.

31205. The conservancy shall request the commission, local public
agencies, nonprofit organizations, 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,
public agencies and nonprofit organizations may submit proposed
coastal restoration projects for consideration by the conservancy.

31207. In connection with proposed coastal restoration projects,
the conservancy may fund up to three hundred thousand dollars
($300,000) of the cost of preparing coastal restoration plans.

31207.1. Notwithstanding any other provision of law, the
conservancy may enter into an option to acquire an interest in real
property in connection with a restoration project, when the
Legislature appropriates funds for purposes of carrying out the
objectives of this division. The cost of the option may not exceed
six hundred thousand dollars ($600,000).

31208. (a) Following completion of a coastal restoration plan, the
conservancy shall forward the proposed plan to the commission for
determination of conformity of the 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 that period, the coastal restoration plan shall be deemed to
be in accord with Division 20 (commencing with Section 30000).
(b) Following the certification of a local coastal program, the
city or county or city and county with jurisdiction over the
certified area, rather than the commission, shall review the coastal
restoration plan where: (1) the proposed restoration plan will be
implemented entirely within one local public agency's jurisdiction;
(2) the area proposed for restoration is identified pursuant to the
provisions of Section 31201; and (3) implementation of the coastal
restoration plan does not require an amendment to the certified local
coastal program. The local public agency shall review the coastal
restoration plan to determine consistency with the certified local
coastal program within 60 days after transmittal of the plan from the
conservancy and shall transmit its findings to the conservancy
immediately upon completion of plan review. If no comments are
received at the end of the 60-day period, the plan shall be deemed to
be in accord with the provisions of the certified local coastal
program.
Where the coastal restoration plan will be implemented in whole or
in part in an area in which the commission retains coastal
development permit jurisdiction pursuant to subdivision (b) of
Section 30519, or in an area in which two or more local governments
have coastal development permit jurisdiction, or where a local
coastal program amendment is required to implement the plan, the
commission shall be responsible for coastal restoration plan review
and shall conduct the review in the following manner. The commission
shall review the coastal restoration plan for consistency with the
policies and objectives of Division 20, as provided in subdivision
(a), for an area subject to retained coastal development permit
jurisdiction pursuant to subdivision (b) of Section 30519 and where a
local coastal program amendment is required, and shall review the
plan for consistency with certified local coastal programs for areas
under local government coastal development permit jurisdiction.

31208.5. In the case of San Francisco Bay projects, the conservancy
shall forward a proposed coastal restoration plan to the bay
commission for determination of conformity with the bay plan, and,
where relevant, with the Suisun Marsh Protection Plan. The bay
commission shall have 60 days to review the plan and transmit its
findings on such plan to the conservancy. If no comments are received
within such period, the restoration plan shall be deemed to be in
accord with the bay plan and, where relevant, the Suisun Marsh
Protection Plan.

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 are designed to serve the residents of the
restoration area and do not constitute a disproportionate share of
the total project cost. Costs of providing public coastal access
sites and scenic easements serving the public may be permitted as
project costs where such features are part of a coastal restoration
plan approved as provided in Section 31208.

31211. The conservancy, local public agencies, and nonprofit
organizations, 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 recipient 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 area, the conservancy may undertake the
restoration or authorize a nonprofit organization to do so after
notification to the local public agency, if a coastal restoration
plan for the area has been prepared by the conservancy and approved
as provided in Section 31208.

31213.5. In the case of San Francisco Bay, the conservancy may
undertake restoration of an area only upon formal request by
resolution of a local public agency or the bay commission, except
that, with respect to lands within Contra Costa County, such
restoration or other action may be undertaken only upon the formal
request by resolution of the local public agency having jurisdiction
over such lands; provided, however, that a restoration plan for the
area has been prepared by the conservancy and approved in accordance
with Section 31208.5.

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
submitted 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 that period, that local
public agency or an appropriate nonprofit organization agrees to
carry out the project within the guidelines established in the
restoration plan, the conservancy may authorize the local public
agency or nonprofit organization to carry out the restoration
project, 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.