SECTIONS 31251-31270 - California Statutes

PUBLIC RESOURCES CODE

SECTION 31251-31270

31251. The conservancy may award grants to public agencies and
nonprofit organizations for the purpose of enhancement of coastal
resources that, because of indiscriminate dredging or filling,
improper location of improvements, natural or human-induced events,
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 improvements, and for other corrective measures that will
enhance the natural and scenic character of the areas. As provided in
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 those uses may be incidental to a coastal resource
enhancement project.

31251.2. (a) In order to enhance the natural or scenic character of
coastal resources within the coastal zone, the conservancy may
undertake a project or award a grant, consistent with subdivision (a)
of Section 30200 and pursuant to this chapter, to enhance a
watershed resource that is partly outside of the coastal zone. Any of
these projects or grants which involve the management of fish shall
be approved by the Department of Fish and Game.
Neither the conservancy nor any other state agency shall undertake
a project affecting an area partly inside and partly outside the
coastal zone under this chapter, except at the request of the local
public agency or agencies having jurisdiction over the entire project
area.
(b) Any enhancement activity carried out pursuant to this section
shall not be subject to any commission review, as set forth in
Section 31258, for that portion of the activity located outside the
coastal zone. However, the commission through its executive director
and the Department of Fish and Game may review and comment on the
enhancement plan's consistency with the policies and objectives of
Division 20 (commencing with Section 30000).
(c) No funds set forth in subdivision (c) of Section 5096.151 of
the Public Resources Code, shall be expended on enhancement
activities that are outside the coastal zone.
(d) This section shall not apply to any portion of the Santa
Monica Mountains Zone as set forth in Division 23 (commencing with
Section 33000).

31252. All areas proposed for resource enhancement by a state
agency, local public agency, or nonprofit organization shall be
identified in a certified local coastal plan or program as requiring
public action to resolve existing or potential resource protection
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.

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
to more effectively carry out the provisions of this division.

31254. 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
resource enhancement 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.

31255. In accordance with procedures adopted by the conservancy,
state agencies, local public agencies, and nonprofit organizations
may submit proposed coastal resource enhancement projects for
consideration by the conservancy.

31255.1. Notwithstanding any other provision of law, the
conservancy may enter into an option to acquire an interest in real
property in connection with an enhancement 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).

31257. In connection with proposed coastal resource enhancement
projects, the conservancy may fund up to three hundred thousand
dollars ($300,000) of the cost of preparing coastal resource
enhancement plans.

31258. (a) Following the completion of a coastal resource
enhancement plan, the conservancy shall forward the 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 the plan to the conservancy. If no comments
are received within the period, the restoration plan shall be deemed
to be in accord with Division 20 (commencing with Section 30000).
(b) (1) Following the certification of a local coastal program,
the city, county, or city and county with jurisdiction over the
certified area, rather than the commission, shall review the coastal
resource enhancement plan if all of the following circumstances
apply:
(A) The proposed enhancement plan will be implemented entirely
within one local public agency's jurisdiction.
(B) The area proposed for enhancement is identified pursuant to
Section 31251.
(C) Implementation of the enhancement plan does not require an
amendment to the certified local coastal program.
(2) The local public agency shall review the enhancement 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.
(c) If the enhancement 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, in
which two or more local governments have jurisdiction, or where a
local coastal program amendment is required to implement the plan,
the commission shall be responsible for enhancement plan review and
shall conduct the review in the following manner. The commission
shall review the enhancement plan for consistency with the policies
and objectives of Division 20 (commencing with Section 30000), as
provided in subdivision (a), for the 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.

31258.5. In the case of San Francisco Bay projects, the conservancy
shall forward a coastal resource enhancement 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 resource enhancement plan shall be deemed to
be in accord with the bay plan, and, where relevant, the Suisun
Marsh Protection Plan.

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 the costs of land acquisition.

31261. Private development may be permitted within the area of the
coastal resource enhancement projects, where such development is
compatible with the primary objectives of resource protection and
enhancement of the coastal zone.

31262. 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
appropriated 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 improvement of a deteriorating area, the
conservancy may undertake the coastal resource enhancement or
authorize a nonprofit organization to do so after notification to the
local public agency, if a coastal resource enhancement plan for the
area has been prepared by the conservancy and approved as provided in
Section 31258.

31263.5. In the case of San Francisco Bay, the conservancy may
undertake resource enhancement 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 resource
enhancement 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 resource enhancement plan
has been prepared and approved as provided in Section 31258.5.

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 implementation 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 and state agency shall have 90
days to review and comment on the proposed coastal resource
enhancement project. If, during that period that local public agency,
a nonprofit organization, or the state agency agrees to carry out
the project within the guidelines established in the resource
enhancement plan, the conservancy may authorize the local public
agency, a nonprofit organization, or the state agency to carry out
the project, which shall then be subject to all provisions of this
division.

31265. Prior to undertaking any resource enhancement project under
the provisions of Section 31263, the project shall be included
within, and funded under, the Budget Act.

31270. Notwithstanding the geographic limitations of this division
or Division 20 (commencing with Section 30000), the conservancy may
undertake a coastal resource enhancement project in the City of San
Diego, within the area known as Famosa Slough and bounded by West
Point Loma Boulevard and the seaward side of the right-of-way of
Famosa Boulevard and the seaward side of the right-of-way of Adrian
Street.