SECTIONS 31300-31316 - California Statutes

PUBLIC RESOURCES CODE

SECTION 31300-31316

31300. This chapter shall be known and may be cited as the "Urban
Waterfront Restoration Act of 1981".

31301. The Legislature finds and declares that California's urban
waterfronts, being often the first part of an urban area to develop
and, thus, the first to decay, are in need of restoration in order to
be the vital economic and cultural component of the community which
they once were. The Legislature further finds and declares that
developing the state's urban waterfronts into environmentally sound
areas through, but not limited to, the creation of parks, open space,
visitor serving facilities, and housing for all income levels will
promote tourism, public access, and private sector development in
these areas. The Legislature further finds and declares that the
encouragement of tourism, public access to the coast, and planned
private sector development to be a benefit to the citizens of the
state, as well as the local citizenry in affected urban waterfront
areas. It is, therefore, the intent of this chapter to promote the
restoration of the state's vital urban waterfronts.

31302. The conservancy shall administer the provisions of this
chapter. The conservancy shall coordinate the activities of all other
state agencies and all federal agencies that have programs affecting
California's urban waterfronts in order to increase the efficiency
and minimize duplication of those programs.

31303. The conservancy shall request the commission, 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
projects. After considering comments received from those 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 urban waterfront restoration program
authorized under this chapter.
In accordance with procedures adopted by the conservancy, public
agencies and nonprofit organizations may submit proposed urban
waterfront projects for consideration by the conservancy for state or
federal funding.

31305. In reviewing grant applications and urban waterfront
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.

31306. (a) The conservancy shall propose capital projects and
capital programs, generated by the conservancy, local public
agencies, or state agencies for grants available under Section 306A
of the federal Coastal Zone Management Improvement Act (Public Law
96-464). The commission shall not forward any application unless it
has been proposed by the conservancy.
(b) Nothing in this chapter shall diminish the commission's
authority pursuant to Section 30330 of the Public Resources Code,
which shall include determination of the allocation of federal
financial assistance among the coastal management activities, coastal
research activities, coastal energy impact activities, living marine
resource activities, and natural resources enhancement and
management activities, eligible for federal financial assistance
under the Coastal Zone Management Improvement Act, or any amendment
thereto, or any other federal act enacted up to this time or in the
future, that relates to the planning and management of the coastal
zone, except as provided in this section.
(c) (1) Prior to the commission's determination of allocations
under subdivision (b), the commission and the conservancy shall
concur on the allocation for capital projects and capital programs
generated by the conservancy, local public agencies, or state
agencies for public access, agricultural preservation, enhancement of
coastal resources, coastal restoration, urban waterfront
restoration, reservation of significant coastal resource areas, and
commercial fishing facilities. No allocation for these capital
projects and capital programs shall be made unless they are proposed
by the conservancy.
(2) Prior to the commission's determination of allocations under
subdivision (b), the commission and the San Francisco Bay
Conservation and Development Commission shall concur on the
allocation for the San Francisco Bay Conservation and Development
Commission to carry out its responsibilities under the federally
approved California Coastal Management Program.
(3) In determining the allocations under subdivision (b), the
commission shall consult with the conservancy, the San Francisco Bay
Conservation and Development Commission, and the Department of
Finance, and shall ensure that agencies eligible for federal
financial assistance under the Coastal Zone Management Improvement
Act are allocated sufficient assistance to carry out their required
responsibilities under the federally approved California Coastal
Management Program.

31307. The conservancy may award grants to public agencies and
nonprofit organizations for the restoration of urban coastal
waterfront areas.

31308. The conservancy may provide up to the total cost of any
urban waterfront project, including the local share of federally
supported projects. The conservancy may also require local funding
participation in urban waterfront 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
urban waterfront projects, the fiscal resources of the applicant, the
urgency of the project relative to other eligible urban waterfront
projects, the degree to which the project meets the objectives set
forth in Section 31305, 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.

31309. (a) Following approval of a proposed urban waterfront
project by the conservancy, the conservancy may provide up to one
hundred thousand dollars ($100,000) of the cost of preparing urban
waterfront restoration plans. In addition, the conservancy may make
loans to public agencies or nonprofit organizations, or any
combination thereof, for the full cost of preparing an urban
waterfront restoration plan, if both of the following are satisfied:
(1) Funding for those loans is provided for in the Budget Act.
(2) The cost of preparation of a plan is included in the cost of a
project approved for funding pursuant to Division 22 (commencing
with Section 32000).
(b) The loans shall be repaid when the bonds funding the project
are sold and upon terms and at a rate of interest which recovers the
costs of the funds to the state.

31310. Notwithstanding any other provision of law, the conservancy
may enter into an option to acquire an interest in real property in
connection with an urban waterfront 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).

31311. Costs of providing parks, open space, or other public areas
and facilities may be included as project costs within urban
waterfront 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 an
approved urban waterfront restoration plan.

31311.5. Where the conservancy awards any grant for the purpose of
providing new or expanded facilities to serve the commercial fishing
industry, the financial terms and any reimbursement provisions of
that grant shall be determined solely on the basis of protecting the
long-term economic viability of the commercial fishing industry.

31312. Local public agencies and nonprofit organizations, in
undertaking urban waterfront 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.

31313. Any funds over and above eligible project costs which remain
after completion of an urban waterfront 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.

31314. Plans prepared pursuant to this chapter for the Port of San
Francisco may seek to expedite the implementation of visitor serving
commercial uses of port property not needed for maritime use,
establish a system of open spaces and public access along the
waterfront, provide for commercial fishing facilities, and provide
for the rehabilitation of existing deteriorated wharfs and piers.
Upon the approval of the State Coastal Conservancy, funding of the
Port of San Francisco pursuant to this chapter shall be given high
priority and be available to implement plans prepared pursuant to
this chapter and to increase the port's ability to establish an
ongoing land management program to encourage public access and
tourist uses of the port.

31315. The conservancy, under its mandate for urban waterfront
restoration, shall administer the distribution of state funds, when
appropriated to the conservancy, for the improvement of the
infrastructure of fishing harbors on public trust lands.

31316. Within the conservancy's jurisdiction pursuant to this
chapter and within urban coastal watershed areas, the conservancy may
undertake projects and award grants for activities that are
compatible with the preservation, restoration, or enhancement of
ocean, coastal, or watershed resources, or that facilitate
environmental education related to these resources. These projects or
activities may include, but are not limited to, exhibits or events
emphasizing coastal, watershed, or ocean resource education, or
maritime history, or the development of amenities and infrastructure
consistent with this chapter.