2009 California Public Resources Code - Section 30150-30174 :: Chapter 2.5. Revisions To The Coastal Zone Boundary

30150.  Notwithstanding the maps 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, as shown on the detailed coastal maps adopted by the
commission on March 1, 1977, is amended by maps 1 to 35, inclusive,
dated September 12, 1979, and which are on file in the office of the
commission. Maps 1 to 35, inclusive, are hereby adopted by reference.
   The areas deleted and added to the coastal zone are specifically
shown on maps 1 to 35, inclusive, adopted by this section, and are
generally described in this chapter.

30152.  In Del Norte County:
   (a) Near the community of Smith River, approximately 255 acres are
excluded as specifically shown on map 1.
   (b) The Fort Dick, Kings Valley, and Meadowbrook Acres areas are
excluded as specifically shown on maps 2 and 3.
   (c) In and near the City of Crescent City, approximately 2,250
acres between Lake Earl Drive and State Highway Route 101 and other
partially urbanized areas, such as the Bertsch Subdivision, are
excluded as specifically shown on maps 2 and 3.
   (d) In the City of Crescent City, approximately two acres are
excluded as specifically shown on map 2A, dated May 5, 1982, and
filed on May 20, 1982, with the Office of the Secretary of State.

30154.  In Humboldt County:
   (a) In and near the City of Fortuna, approximately 265 acres
seaward of State Highway Route 101 are excluded as specifically shown
on map 4.
   (b) All of the incorporated land of the City of Ferndale as of
January 1, 1979, is excluded as specifically shown on map 4A. The
city shall consider work completed pursuant to its local coastal
program in the course of preparing or revising its general plan.
Notwithstanding any provision of Division 21 (commencing with Section
31000) to the contrary, the State Coastal Conservancy may undertake
projects within the city without approval of the commission.

30156.  In San Mateo County, within the Butano Creek watershed, the
boundary is moved seaward to the five-mile limit described in Section
30103 and as specifically shown on map 5.

30156.1.  In San Mateo County, in the City of Pacifica,
approximately 11 acres situated east of State Highway Route 1 and
described in Director's Deed DD-028764-01-01 from the Director of
Transportation, is included, as specifically shown on Map 5.

30158.  In Santa Cruz County:
   (a) Near the community of Bonny Doon, the boundary is moved
seaward to the five-mile limit described in Section 30103 and as
specifically shown on maps 6 and 7.
   (b) In the Watsonville area approximately 40 acres in the
southwest portion of the city are excluded as specifically shown on
map 8.

30160.  In Monterey County:
   (a) In the City of Marina, approximately 400 acres between Del
Monte Boulevard and the new alignment of State Highway Route 1 are
excluded as specifically shown on map 9.
   (b) In the City of Sand City approximately 125 acres landward of a
200-foot buffer along the new alignment of State Highway Route 1 are
excluded as specifically shown on map 10; provided, however, a
buffer of 100 feet along either side of the railroad right-of-way
through the city together with such right-of-way are not excluded.
   (c) In the City of Seaside approximately 29 acres northeast of
Laguna del Rey are excluded as specifically shown on map 10;
provided, however, a 125-foot buffer along the edge of Laguna Grande,
a 100-foot buffer along each side of the channel connecting Roberts
Lake and Laguna Grande, and a 100-foot buffer along either side of
the railroad right-of-way together with such right-of-way are not
excluded.
   (d) In the City of Monterey, the downtown area, and the Cannery
Row area between Lighthouse Avenue and the extreme edge of the
railroad right-of-way, are excluded as specifically shown on map 11;
provided, however, that the one block area bounded by Foam Street and
Wave Street, and Prescott Avenue and Hoffman Avenue, is not
excluded.
   Notwithstanding any map referenced by Section 30150, dated
September 12, 1979, and filed on September 14, 1979, with the office
of the Secretary of State, the inland coastal zone boundary described
in this subdivision shall be as prescribed by the amendments to this
section made during the second year of the 1979-80 Regular Session
of the Legislature.
   (e) In the City of Pacific Grove approximately 300 acres are
excluded as specifically shown on map 11; provided, however, that the
railroad right-of-way is not excluded.
   (f) In the Del Monte Forest, approximately 90 acres known as the
Navaho Tract are added as specifically shown on map 11.
   (g) In the area between the intersection of the boundary and the
easterly line of Section 26, T. 17 S., R. 1 E., M.D.M. and the
intersection of the boundary and the northeasterly corner of Section
1, T. 19 S., R. 1 E., M.D.M., and in the vicinity of the head of the
Middle Fork of Devil's Canyon and the head of the South Fork of Devil'
s Canyon the boundary is moved seaward to the five-mile limit
described in Section 30103 and as specifically shown on maps 12, 13,
and 14.

30162.  In Santa Barbara County:
   (a) In Rancho San Julian and generally within the watershed of
Jalama Creek, the boundary is moved seaward to the five-mile limit
described in Section 30103 and as specifically shown on map 16.
   (b) In the Devereux Lagoon and Goleta Slough areas, approximately
170 acres are excluded and 245 acres are added as specifically shown
on maps 17 and 18; provided, however, that the land areas on which
the University of California has proposed a 200 unit housing project
are not included.

30164.  In Ventura County:
   (a) Near the mouth of the Ventura River, approximately 190 acres
are added as specifically shown on map 19.
   (b) In the City of San Buenaventura, approximately 240 acres are
excluded as specifically shown on map 19.
   (c) In the City of Oxnard and a small unincorporated area,
approximately 130 acres are excluded and approximately 85 acres are
added as specifically shown on map 20.
   (d) In the area described as Section 36, T. 1 N., R. 20 W.,
S.B.B.L., the boundary is moved seaward to the five-mile limit
described in Section 30103 and as specifically shown on map 21.

30166.  In Los Angeles County:
   (a) In three locations within the Santa Monica Mountains, the
boundary is moved seaward to the five-mile limit described in Section
30103 and as specifically shown on maps 22, 23, and 24.
   (b) In the Temescal Canyon watershed in the City of Los Angeles,
all lands owned or controlled by the Presbyterian Synod, the
University of California, the Los Angeles County Sanitation District,
and the Los Angeles Unified School District are added.
   (c) In the Cities of Los Angeles and El Segundo, the areas east of
Vista del Mar that include the Scattergood Steam Plant, the Hyperion
Sewage Treatment Plant, and portions of an oil refinery are excluded
as specifically shown on map 25. In adopting this boundary change,
the Legislature specifically reaffirms the existing location of the
coastal zone boundary in the Venice area of the City of Los Angeles.
   (d) In the City of Manhattan Beach, approximately 140 acres, and
in the City of Hermosa Beach, approximately 170 acres, are excluded
as specifically shown on maps 25 and 26.
   (e) In the City of Palos Verdes Estates, approximately 95 acres
landward of Paseo del Mar are excluded as specifically shown on map
26.
   (f) In the City of Long Beach, the area near Colorado Lagoon is
excluded as specifically shown on map 27.
   (g) In the City of Long Beach, the area commencing at the
intersection of the existing coastal zone boundary at Colorado Street
and Pacific Coast Highway, thence southerly along Pacific Coast
Highway to the intersection of Loynes Drive, thence easterly along
Loynes Drive to the intersection of Los Cerritos Channel, thence
northerly along Los Cerritos Channel to the existing coastal zone
boundary, is excluded as specifically shown on map 27A.

30166.5.  (a) On or before January 15, 2002, the commission shall
submit to the City of Malibu an initial draft of the land use portion
of the local coastal program for the City of Malibu portion of the
coastal zone, which is specifically delineated on maps 133, 134, 135,
and 136, which were placed on file with the Secretary of State on
September 14, 1979.
   (b) On or before September 15, 2002, the commission shall, after
public hearing and consultation with the City of Malibu, adopt a
local coastal program for that area within the City of Malibu portion
of the coastal zone that is specifically delineated on maps 133,
134, 135, and 136, which have been placed on file with the Secretary
of State on March 14, 1977, and March 1, 1987. The local coastal
program for the area shall, after adoption by the commission, be
deemed certified, and shall, for all purposes of this division,
constitute the certified local coastal program for the area.
Subsequent to the certification of the local coastal program, the
City of Malibu shall immediately assume coastal development
permitting authority, pursuant to this division. Notwithstanding the
requirements of Chapter 4.5 (commencing with Section 65920) of
Division 1 of Title 7 of the Government Code, once the City of Malibu
assumes coastal development permitting authority pursuant to this
section, no application for a coastal development permit shall be
deemed approved if the city fails to take timely action to approve or
deny the application.

30168.  In Orange County:
   (a) In the City of Huntington Beach, approximately 9.5 acres are
added as specifically shown on map 28.
   (b) In the City of Costa Mesa, approximately 15 acres are excluded
as specifically shown on map 28.
   (c) In the City of Newport Beach, approximately 22.6 acres
adjacent to Pacific Coast Highway are added as specifically shown on
map 28; provided, however, that the area described in this
subdivision shall be excluded from the coastal zone, if the
Department of Transportation, within one year from the effective date
of this act, enters into an agreement for use of this area for
hospital-related purposes.
   (d) In the Niguel Hill area, the developed portions of Pacific
Island Village are excluded as specifically shown on map 29.
   (e) In the communities of Dana Point and Laguna Niguel,
approximately 450 acres inland of the Pacific Coast Highway are
excluded as specifically shown on map 29A.
   (f) In the community of Capistrano Beach, approximately 381 acres
seaward of the San Diego Freeway are excluded as specifically shown
on map 29A.
   (g) In the City of San Clemente, approximately 230 acres seaward
of the San Diego Freeway are added as specifically shown on map 29B,
dated September 1, 1981, and filed on September 1, 1981, with the
Office of the Secretary of State.
   (h) In the City of San Clemente, approximately 214 acres inland
and seaward of the San Diego Freeway are excluded as specifically
shown on maps 29A and 30.

30169.  (a) The Legislature hereby finds and declares that a dispute
exists as to the proper location of the inland boundary of the
coastal zone in the area commonly known as Aliso Viejo and that,
after extensive review of the history of this boundary segment, the
criteria utilized to establish the boundary in 1976, and the relevant
topographical information, it is possible to reach differing
conclusions of equal validity regarding the proper location of the
coastal zone boundary. The Legislature further finds that it is not
possible to determine objectively which ridgeline feature in the
Aliso Viejo area most closely approximates the boundary criteria
utilized by the Legislature in 1976, and that it is in the best
public interest to resolve the current boundary dispute in order to
avoid further delay in the completion of the local coastal program
for Orange County. The Legislature further finds that a timely
resolution of this boundary dispute can best be accomplished by
adjusting the coastal zone boundary in the manner set forth in this
section and within the general framework of Section 30103 and
consistent with the need to protect the coastal resources of the
Aliso Viejo area and to carry out the requirements of Section 30213.
   (b) In the Aliso Creek area of Orange County approximately 286
acres are added and approximately 1,020 acres are excluded as
specifically shown on maps 28A and 28B dated April 15, 1980, and
filed on April 22, 1980, with the office of the Secretary of State
and which are on file in the office of the commission. The maps are
hereby adopted by reference. The changes made in the inland boundary
of the coastal zone by this section are in addition to any changes
made by any map referred to in Section 30150, except to the extent
that the changes made by this section affect a segment of the
boundary previously changed by the map, in which case the changes
made by this section shall supersede any of those previous changes.
   (c) The executive director of the commission may adjust the
precise location of the inland boundary of the coastal zone not more
than 100 yards in either a seaward or landward direction in order to
conform the precise boundary location to the specific limits of
development adjacent to the coastal zone boundary as shown on maps
28A and 28B. However, in any subdivided area, the executive director
may adjust the precise location of the inland boundary of the coastal
zone not more than 100 feet in a landward direction in order to
include any development of the first row of lots immediately adjacent
to the boundary as shown on those maps, where the executive director
determines that the adjustment is necessary to ensure that adequate
controls will be applied to the development in order to minimize any
potential adverse effects on the coastal zone resources. The
executive director shall prepare a detailed map showing any of the
changes and shall file a copy of the map with the county clerk.
   (d) Prior to the adoption and approval of a drainage control plan
by the County of Orange for the Aliso Viejo Planned Community (as
designated by Amendment No. L. U. 79-1 to the Land Use Element of the
Orange County General Plan), the county shall consult with the
executive director of the commission to ensure that any drainage
control facilities located outside the coastal zone are adequate to
provide for no increase in peak runoff, by virtue of the development
of the Aliso Viejo Planned Community, which would result in adverse
impacts on coastal zone resources.
   (e) On or before January 31, 1981, the commission shall, after
public hearing and in consultation with the County of Orange, certify
or reject a local coastal program segment prepared and submitted by
the county on or before August 1, 1980, for the following parcel in
the Aliso Creek area: land owned by the Aliso Viejo Company, a
California corporation, as of April 22, 1980, within the coastal zone
as amended by this section. The local coastal program required by
this subdivision shall, for all purposes of this division, constitute
a certified local coastal program segment for that parcel in the
County of Orange. The segment of the county's local coastal program
for the parcel may be amended pursuant to this division relating to
the amendment of local coastal programs. If the commission neither
certifies nor rejects the submitted local coastal program within the
time limit specified in this subdivision, the land added to the
coastal zone by this section shall no longer be subject to this
division. It is the intent of the Legislature in enacting this
subdivision, that a procedure to expedite the preparation and
adoption of a local coastal program for that land be established so
that the public and the affected property owner know as soon as
possible what uses are permissible.
   (f) The commission, through its executive director, shall enter
into a binding and enforceable agreement with Aliso Viejo Company,
and the agreement shall be recorded as a covenant to run with the
land with no prior liens other than tax and assessment liens
restricting the Aliso Viejo Planned Community. The agreement shall
provide for all of the following:
   (1) The Aliso Viejo Company shall provide at least 1,000 units of
for-sale housing to moderate-income persons at prices affordable to a
range of households earning from 81 to 120 percent of the median
income for Orange County as adjusted for family size pursuant to the
commission's housing guidelines on affordable housing dated January
22, 1980, and July 16, 1979, and any additional provisions as agreed
to between the commission and the Aliso Viejo Company as referred to
in this subdivision.
   For purposes of this subdivision, median income constitutes the
figure most recently established by the Department of Housing and
Urban Development at the time the public report for the units, or any
portion thereof, is issued by the Department of Real Estate. The
affordable units required by this subdivision shall be priced equally
over the moderate-income range and shall reflect a reasonable mix as
to size and number of bedrooms.
   (2) The 1,000 units provided pursuant to this subdivision shall be
sold subject to controls on resale substantially as provided in the
commission's housing guidelines on affordable housing, dated January
22, 1980, and July 16, 1979, and any additional provisions as agreed
to between the commission and the Aliso Viejo Company as referred to
in this subdivision. On or before entering the agreement provided for
herein, the Aliso Viejo Company shall enter into an agreement,
approved by the executive director of the commission, with the Orange
County Housing Authority or any other appropriate housing agency
acceptable to the executive director of the commission to provide for
the administration of the resale controls including the
qualification of purchasers.
   (3) The 1,000 units provided pursuant to this subdivision may be
dispersed throughout the Aliso Viejo Planned Community, and shall be
completed and offered for sale prior to, or simultaneously with,
other units in the overall project, so that at any time at least 7
1/2 percent of the units constructed shall be resale-controlled until
the 1,000 units are completed.
   (4) The Department of Housing and Community Development and the
County of Orange shall be third party beneficiaries to the agreement
provided in this subdivision and shall have the power to enforce any
and all provisions of the agreement.
   (5) This agreement may only be amended upon the determination of
the Aliso Viejo Company or its successors or assigns, the commission,
the Department of Housing and Community Development, and the County
of Orange that the change is necessary in order to prevent adverse
effects on the supply of low- and moderate-income housing
opportunities and to improve the methods of providing the housing at
continually affordable prices.
   The Legislature hereby finds and declares that, because the Aliso
Viejo Company, in addition to the 1,000 units of controlled housing
provided in this subdivision, will provide for 2,000 units of
subsidized affordable housing for low income persons and 2,000
affordable housing units for moderate income persons pursuant to the
company's housing program, the purposes of Section 30213 will be met
by enactment of this subdivision. The Legislature further finds and
declares that the general provisions of this subdivision are
specifically described and set forth in letters by Aliso Viejo
Company and the executive director of the commission published in the
Journals of the Senate and the Assembly of the 1979-80 Regular
Session, and it is the intent of the Legislature that the commission
and Aliso Viejo Company conform the agreement provided in this
subdivision to the specific provisions described in the letters.
   (g) Notwithstanding any other provision of law, the application of
this division by the commission to the development or use of any
infrastructure necessary and appropriate to serve development within
the portions of the Aliso Viejo Planned Community located inland of
the coastal zone as amended by this section, shall be strictly
limited to addressing direct impacts on coastal zone resources and
shall be carried out in a manner that assures that the infrastructure
will be provided. Furthermore, the commission shall amend without
conditions its prior permit No. A-61-76 to provide for its release of
sewer outfall flow limitations necessary and appropriate to serve
the Aliso Viejo Planned Community located inland of the coastal zone
as amended by this subdivision. For purposes of this subdivision,
"infrastructure" means those facilities and improvements necessary
and appropriate to develop, construct, and serve urban communities,
including but not limited to, streets, roads, and highways;
transportation systems and facilities; schools; parks; water and
sewage systems and facilities; electric, gas, and communications
systems and facilities; and drainage and flood control systems and
facilities. Notwithstanding this subdivision, the commission may
limit, or reasonably condition, the use of the transit corridor in
Aliso Creek Valley to transit uses, uses approved by the commission
that will serve the Aliso Greenbelt Project prepared by the State
Coastal Conservancy, the provision of access to and from the sewage
treatment works in Aliso Creek Valley, emergency uses, and drainage
and flood control systems and facilities and other services approved
pursuant to this subdivision.
   (h)  This section shall become operative only when the commission
and Aliso Viejo Company have entered into the binding and enforceable
agreement provided for in this section, and the agreement has been
duly recorded with the county recorder of Orange County.

30170.  In San Diego County:
   (a) In the City of Oceanside, approximately 500 acres are excluded
as specifically shown on maps 30A and 31.
   (b) In the City of Carlsbad, approximately 180 acres in the
downtown area, except for the Elm Street corridor, are excluded as
specifically shown on map 31.
   (c) In the City of Carlsbad, the area lying north of the Palomar
Airport as generally shown on maps 31 and 32 and as specifically
described in this subdivision is excluded.
   Those portions of lots "F" and "G" of Rancho Agua Hedionda, part
in the City of Carlsbad and part in the unincorporated area of the
County of San Diego, State of California, according to the partition
map thereof No. 823, filed in the office of the county recorder of
that county, November 16, 1896, described as follows:
   Commencing at point 1 of said lot "F" as shown on said map; thence
along the boundary line of said lot "F" south 25* 33' 56' east,
229.00 feet to point 23 of said lot "F" and south 54* 40' 19' east,
1347.00 feet; thence leaving said boundary line south 35* 19' 44'
west, 41.28 feet to the true point of beginning, which point is the
true point of beginning, of the land described in deed to Japatul
Corporation recorded December 8, 1975, at recorder's file/page No.
345107 of official records to said county; thence along the boundary
line of said land south 35* 19' 44' west, 2216.46 feet and north 53*
02' 49' west, 1214.69 feet to the northeast corner of the land
described in deed to Japatul Corporation recorded December 8, 1975,
at recorder's file/page No. 345103 of said official records; thence
along the boundary lines of said land as follows: West, 1550 feet,
more or less, to the boundary of said lot "F"; south 00* 12' 00'
west, 550 feet, more or less, to point 5 of said lot "F"; south 10*
25' 10' east along a straight line between said point 5 and point 14
of said lot "F," to point 14 of said lot "F"; thence along the
boundary of said lot "F" south 52* 15' 45' east (record south 51* 00'
00' east) 1860.74 feet more or less to the most westerly corner of
the land conveyed to James L. Hieatt, et ux, by deed recorded June
11, 1913, in Book 617, page 54 of deed, records of said county;
thence along the northwesterly and northeasterly boundary of Hieatt's
land as follows: North 25* 00' 00' east, 594.00 feet and south 52*
15' 45' east (record south 51* 00' 00' east per deed) 1348.61 feet to
a point of intersection with the northerly line of Palomar County
Airport, said point being on the boundary of the land conveyed to
Japatul Corporation by deed recorded December 8, 1975, at recorder's
file/page No. 345107 of said official records; thence along said
boundary as follows: North 79* 10' 00' east, 4052.22 feet north 10*
50' 00' west, 500.00 feet; north 79* 10' 00' east 262.00 feet, south
10* 50' 00' east, 500.00 feet; north 79* 10' 00' east, 1005 feet,
more or less, to the westerly line of the land conveyed to the County
of San Diego by deed recorded May 28, 1970, at recorder's file/page
No. 93075 of said official records; thence continuing along the
boundary of last said Japatul Corporation's land north 38* 42' 44'
west, 2510.58 feet to the beginning of a tangent 1845.00 foot radius
curve concave northeasterly; along the arc of said curve through a
central angle of 14* 25' 52' a distance of 464.70 feet to a point of
the southerly boundary of the land allotted to Thalia Kelly
Considine, et al., by partial final judgment in partition, recorded
January 18, 1963, at recorder's file/page No. 11643 of said official
records; thence continuing along last said Japatul Corporation's land
south 67* 50' 28' west, 1392.80 feet north 33* 08' 52' west, 915.12
feet and north 00* 30' 53' west, 1290.37 feet to the southerly line
of said land conveyed to the County of San Diego, being also the
northerly line of last said Japatul Corporation's land; thence along
said common line north 74* 57' 25' west, 427.67 feet to the beginning
of a tangent 2045.00 foot radius curve concave northerly; and
westerly along the arc of said curve through a central angle of 16*
59' 24', a distance of 606.41 feet to the true point of beginning.
   And those properties known as assessors parcel Nos. 212-020-08,
212-020-22, and 212-020-23.
   Excepting therefrom, that portion, if any, conveyed to the County
of San Diego, by quitclaim deed recorded January 12, 1977, at
recorder's file/page No. 012820 of said official records.
   No development may occur in the area described in this subdivision
until a plan for drainage of the parcel to be developed has been
approved by the local government having jurisdiction over the area
after consultation with the commission and the Department of Fish and
Game. The plan shall assure that no detrimental increase occurs in
runoff of water from the parcel to be developed and shall require
that the facilities necessary to implement the plan are installed as
part of the development.
   (d) In the City of Carlsbad and adjacent unincorporated areas,
approximately 600 acres consisting of the Palomar Airport and an
adjoining industrial park are excluded as specifically shown on maps
31 and 32.
   (e) An area consisting of approximately 333 acres lying west and
south of the Palomar Airport and bounded on the south by Palomar
Airport Road is excluded as specifically shown on maps 31 and 32.
   No development may occur in the area described in this subdivision
until a plan for drainage of the parcel to be developed has been
approved by the local government having jurisdiction over the area
after consultation with the commission and the Department of Fish and
Game. The plan shall assure that no detrimental increase occurs in
runoff of water from the parcel to be developed and shall require
that the facilities necessary to implement the plan are installed as
part of the development.
   (f) On or before October 1, 1980, the commission shall, after
public hearing and in consultation with the City of Carlsbad,
prepare, approve, and adopt a local coastal program for the following
parcels in the vicinity of Batiquitos Lagoon within the City of
Carlsbad: lands owned by Rancho La Costa, a registered limited
partnership, lands (consisting of approximately 80 acres) owned by
Standard Pacific of San Diego, Inc., that were conveyed by Rancho La
Costa on October 8, 1977, and lands owned by the Occidental Petroleum
Company. Those parcels shall be determined by ownership as of
September 12, 1979. As used in this subdivision, "parcels" means the
parcels identified in this paragraph. The local coastal program
required by this subdivision shall include all of the following
elements:
   (1) Protection of agricultural lands and uses to the extent
feasible.
   (2) Minimization of adverse impacts from sedimentation.
   (3) Protection of feasible public recreational opportunities.
   (4) Provision for economically feasible development consistent
with the three elements specified in this subdivision.
   The local coastal program required by this subdivision shall,
after adoption by the commission, be deemed certified and shall for
all purposes of this division constitute certified local coastal
program segments for those parcels in the City of Carlsbad. The
segments of the city's local coastal program for those parcels may be
amended pursuant to the provisions of this division relating to the
amendment of local coastal programs. In addition, until (i) the City
of Carlsbad adopts or enacts the implementing actions contained in
the local coastal program, or (ii) other statutory provisions provide
alternately for the adoption, certification, and implementation of a
local coastal program for those parcels, the local coastal program
required by this subdivision may also be amended by the commission at
the request of the owner of any of those parcels. For administrative
purposes, the commission may group these requests in order to
schedule them for consideration at a single commission hearing.
However, the commission shall schedule these requests for
consideration at least once during each four-month period, beginning
January 1, 1982. After either of these events occur, however, these
property owners shall no longer be eligible to request the commission
to amend the local coastal program.
   If the commission fails to adopt a local coastal program within
the time limits specified in this subdivision, those parcels shall be
excluded from the coastal zone and shall no longer be subject to
this division. It is the intent of the Legislature in enacting this
subdivision that a procedure to expedite the preparation and adoption
of a local coastal program for those parcels be established so that
the public and affected property owners know as soon as possible what
the permissible uses of those lands are.
   (g) In the vicinity of the intersection of Del Mar Heights Road
and the San Diego Freeway, approximately 250 acres are excluded as
specifically shown on map 33.
   (h) In the vicinity of the intersection of Carmel Valley Road and
the San Diego Freeway, approximately 45 acres are added as
specifically shown on map 33.
   In the City of San Diego, the Carmel Valley area consisting of
approximately 1,400 acres as shown on map 33 that has been placed on
file with the Secretary of State on January 23, 1980, shall be
excluded from the coastal zone after the City of San Diego submits,
and the commission certifies, a drainage plan and a transportation
plan for the area. The city shall implement and enforce the certified
drainage and transportation plans. Any amendments or changes to the
underlying land use plan for the area that affects drainage, or to
either the certified drainage or transportation plan, shall be
reviewed and processed in the same manner as an amendment of a
certified local coastal program pursuant to Section 30514. Any land
use not in conformance with the certified drainage and transportation
plans may be appealed to the commission pursuant to the appeals
procedure as provided by Chapter 7 (commencing with Section 30600).
The drainage plan and any amendments thereto shall be prepared after
consultation with the Department of Fish and Game and shall ensure
that problems resulting from water runoff, sedimentation, and
siltation are adequately identified and resolved.
   (i) Near the head of the south branch of Los Penasquitos Canyon,
the boundary is moved seaward to the five-mile limit as described in
Section 30103 and as specifically shown on map 33.
   (j) In the City of San Diego, approximately 1,855 acres known as
the Mount Soledad and La Jolla Mesa areas are added as specifically
shown on map 34. However, on or before February 29, 1980, and
pursuant to either subdivision (d) of Section 30610 or Section
30610.5, the commission shall exclude from coastal development permit
requirements any single-family residence within the area specified
in this subdivision. No coastal development permit shall be required
for any improvement, maintenance activity, relocation, or reasonable
expansion of any commercial radio or television transmission
facilities within the area specified in this subdivision unless the
proposed activity could result in a significant change in the density
or intensity of use in the area or could have a significant adverse
impact on highly scenic resources of public importance. However, no
prior review by the commission of this activity shall be required.
   (k) In the City of San Diego, approximately 30 acres known as the
Famosa Slough is added as specifically shown on maps 34 and 35.

30170.6.  Notwithstanding Section 17 of Chapter 1330 of the Statutes
of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of
1976, any map dated September 12, 1979, and filed on September 14,
1979, with the office of the Secretary of State, or any provision of
Section 30170, the inland boundary of the coastal zone in a portion
of San Diego County, of approximately 95 acres in Penasquitos Canyon,
is hereby amended as indicated by revised map number 33, dated March
21, 1980, and filed on March 21, 1980, with the office of the
Secretary of State; provided, that the City of San Diego first
submits and the commission approves a drainage plan for the area
providing for drainage in connection with the extension of Mira Mesa
Boulevard to Interstate Highway 805 sufficient to assure that no
detrimental increase in runoff of water into Carroll Canyon occurs as
a result of construction of Mira Mesa Boulevard.

30171.  (a) On or before October 1, 1980, the commission shall
submit to the City of Carlsbad an initial draft of the land use
portion of the local coastal program for the area specifically
delineated on maps 154 and 155 which have been placed on file with
the Secretary of State on April 22, 1980.
   (b) On or before July 1, 1981, the commission shall, after public
hearing and consultation with the City of Carlsbad, adopt a local
coastal program for that area within the City of Carlsbad which is
specifically delineated on maps 154 and 155 which have been placed on
file with the Secretary of State on April 22, 1980. The local
coastal program for such area shall, after adoption by the
commission, be deemed certified, and shall, for all purposes of this
division, constitute the certified local coastal program for such
area. The local coastal program for such area may be amended pursuant
to the provisions of this division relating to the amendment of
local coastal programs. In addition, until such time as (i) the City
of Carlsbad adopts or enacts the implementing actions contained in
any such local coastal program, or (ii) other statutory provisions
provide alternately for the adoption, certification, and
implementation of a local coastal program for that area, the local
coastal program required by this subdivision may also be amended by
the commission at the request of any owner of property located within
the area. For administrative purposes, the commission may group
these requests in order to schedule them for consideration at a
single commission hearing; provided, however, that the commission
shall schedule these requests for consideration at least once during
each four-month period, beginning January 1, 1982. After either of
these events occur, however, these property owners shall no longer be
eligible to request the commission to amend the local coastal
program.
   (c) If the commission fails to adopt such local coastal program
within the time limits specified in this subdivision, such area shall
be excluded from the coastal zone and shall no longer be subject to
the provisions of this division. It is the intent of the Legislature,
in enacting this section, that a procedure to expedite the
preparation and adoption of a local coastal program in this specified
area be established so that the public and affected property owners
know as soon as possible what the permissible uses of such lands are.
   (d) This section is not intended and shall not be construed as
authorizing any modification, extension, or alteration in any
deadline or other provisions of any contract between the commission
or any regional coastal commission and any person, business, or
corporation with respect to planning services for the area delineated
on maps 154 and 155.

30171.2.  (a) Except as provided in subdivision (b), on and after
January 1, 1985, no agricultural conversion fees may be levied or
collected under the agricultural subsidy program provided in the
local coastal program of the City of Carlsbad that was adopted and
certified pursuant to Section 30171. All other provisions of that
program shall continue to be operative, including the right to
develop designated areas as provided in the program.
   (b) This section shall not affect any right or obligation under
any agreement or contract entered into prior to January 1, 1985,
pursuant to that agricultural subsidy program, including the payment
of any fees and the right of development in accordance with the
provisions of the agreement or contract. As to these properties, the
agricultural subsidy fees in existence as of December 31, 1984, shall
be paid and allocated within the City of Carlsbad, or on projects
outside the city that benefit agricultural programs within the city,
in accordance with the provisions of the agricultural subsidy program
as it existed on September 30, 1984.
   (c) Any agricultural conversion fees collected pursuant to the
agricultural subsidy program and not deposited in the agricultural
improvement fund in accordance with the local coastal program or that
have not been expended in the form of agricultural subsidies
assigned to landowners by the local coastal program land use policy
plan on January 1, 1985, shall be used by the California Victim
Compensation and Government Claims Board to reimburse the party that
paid the fees if no agreements or contracts have been entered into or
to the original parties to the agreements or contracts referred to
in subdivision (b) in proportion to the amount of fees paid by the
parties. However, if the property subject to the fee was under option
at the time that the original agreement or contract was entered into
and the optionee was a party to the agricultural subsidy agreement,
payments allocable to that property shall be paid to the optionee in
the event the optionee has exercised the option. Reimbursements under
this section shall be paid within 90 days after January 1, 1985, or
payment of the fee, whichever occurs later, and only after waiver by
the party being reimbursed of any potential legal rights resulting
from enactment of this section.
   (d) (1) Any person entitled to reimbursement of fees under
subdivision (c) shall file a claim with the California Victim
Compensation and Government Claims Board, which shall determine the
validity of the claim and pay that person a pro rata share based on
the relative amounts of fees paid under the local coastal program or
any agreement or contract entered pursuant thereto.
   (2) There is hereby appropriated to the California Victim
Compensation and Government Claims Board the fees referred to in
subdivision (c), for the purpose of making refunds under this
section.
   (e) Notwithstanding any geographical limitation contained in this
division, funds deposited pursuant to subdivision (b) may be expended
for physical or institutional development improvements needed to
facilitate long-term agricultural production within the City of
Carlsbad. These funds may be used to construct improvements outside
the coastal zone boundaries in San Diego County if the improvements
are not inconsistent with the Carlsbad local coastal program and the
State Coastal Conservancy determines that the improvements will
benefit agricultural production within the coastal zone of the City
of Carlsbad.

30171.5.  (a) The amount of the mitigation fee for development on
nonprime agricultural lands in the coastal zone in the City of
Carlsbad that lie outside of the areas described in subdivision (f)
of Section 30170 and subdivision (b) of Section 30171 shall be
determined in the applicable segment of the local coastal program of
the City of Carlsbad, but shall not be less than five thousand
dollars ($5,000), nor more than ten thousand dollars ($10,000), per
acre. All mitigation fees collected under this section shall be
deposited in the State Coastal Conservancy Fund.
   (b) All mitigation fees collected pursuant to this section are
hereby appropriated to, and shall be expended by, the State Coastal
Conservancy in the following order of priority:
   (1) Restoration of natural resources and wildlife habitat in
Batiquitos Lagoon.
   (2) Development of an interpretive center at Buena Vista Lagoon.
   (3) Provision of access to public beaches in the City of Carlsbad.
   (4) Any other project or activity benefiting or enhancing the use
of natural resources, including open field cultivated floriculture,
in the coastal zone in the City of Carlsbad that is provided for in
the local coastal program of the City of Carlsbad.
   (c) The State Coastal Conservancy may establish a special account
in the State Coastal Conservancy Fund and deposit mitigation fees
collected pursuant to this section in the special account. Any
interest accruing on that money in the special account shall be
expended pursuant to subdivision (b).
   (d) Not less than 50 percent of collected and bonded mitigation
fees shall be expended for the purpose specified in paragraph (1) of
subdivision (b).
   (e) Other than to mitigate the agricultural conversion impacts for
which they are collected, none of the mitigation fees collected
pursuant to this section shall be used for elements of a project
which cause that project to be in compliance with this division or to
mitigate a project which would otherwise be inconsistent with this
division. When reviewing a potential project for consistency with
this subdivision, the State Coastal Conservancy shall consult with
the commission.

30172.  In the San Diego County, an area consisting of approximately
180 acres lying west and south of Palomar Airport as shown on Map
155, which has been placed on file with the Secretary of State on
April 22, 1980, shall be excluded from the coastal zone after the
City Engineer of the City of Carlsbad approves and the commission
certifies a drainage plan for the area, pursuant to the commission's
interim permit authority, which plan the city shall implement and
enforce.

30174.  Notwithstanding the maps 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, as shown on detailed coastal map 157 adopted by the
commission on March 1, 1977, shall be amended to conform to the
inland boundary shown on map A which is hereby adopted by reference
and which shall be filed in the office of the Secretary of State and
the commission on the date of enactment of this section.
   The areas deleted and added to the coastal zone which are
specifically shown on map A are in the County of San Diego and are
generally described as follows:
   (a) In the vicinity of the intersection of Del Mar Heights Road
and the San Diego Freeway, approximately 250 acres are excluded as
specifically shown on map A.
   (b) In the vicinity of the intersection of Carmel Valley Road and
the San Diego Freeway, approximately 45 acres are added as
specifically shown on map A.
   (c) Near the head of the south branch of Los Penasquitos Canyon,
the boundary is moved seaward to the five-mile limit as described in
Section 30103 and as specifically shown on map A.