BILL ANALYSIS Ó
AB 2185
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Date of Hearing: April 11, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 2185
(Gonzalez) - As Amended March 18, 2016
SUBJECT: State Coastal Conservancy: low-cost accommodations
SUMMARY: Requires State Coastal Conservancy (SCC) to develop a
program to assist private low-cost accommodations to continue to
provide low-cost accommodations to the public. Requires SCC to
develop a document with a list of potential low-cost
accommodation projects that could be used as options for
mitigation when considering coastal development permits (CDP).
EXISTING LAW:
1)Pursuant to the California Constitution, requires protection
of coastal access, requires maximum access and recreational
opportunities to be provided for all people consistent with
public safety needs and the need to protect public rights,
rights of private property owners, and natural resource areas
from overuse.
2)Establishes SCC with powers and responsibilities for
implementing and administering various programs intended to
preserve, protect, and restore the state's coastal areas.
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3)Requires SCC to cooperate with the California Coastal
Commission (Commission), other public agencies, and with
nonprofit organizations to meet the policies and objectives of
the California Coastal Act of 1976 (Coastal Act), or a
certified local coastal program (LCP).
4)Requires, pursuant to the Coastal Act, lower cost visitor and
recreational facilities to be protected, encouraged, and,
where feasible, provided. Declares a preference for
developments providing public recreational opportunities.
5)Requires, pursuant to the Coastal Act, a person planning to
perform or undertake any development in the coastal zone to
obtain a CDP from the Commission or local government enforcing
a LCP.
THIS BILL:
1)Requires SCC, subject to the availability of funding, to
develop either a grant or revolving loan program to assist
private low-cost accommodations to meet their operation and
maintenance needs in exchange for an easement or other legally
binding instruments requiring the facility to continue to
provide low-cost accommodations in the future.
2)Creates the Low-Cost Accommodations Program Account to receive
funds for the new SCC program.
3)Requires SCC, in consultation with the Commission, Department
of Parks and Recreation (State Parks), and other relevant
coastal public land holders, to develop a list of potential
low-cost accommodation projects in each region of the coastal
zone. The list shall include, but not be limited to, the
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following:
a) Specific projects that will increase low-cost
accommodations at State Parks in the coastal zone
consistent with the recommendations of the Parks Forward
Commission;
b) Information on grant programs at SCC that assist public
agencies and non-profits in providing low-cost
accommodations in the coastal zone; and,
c) Information on the grant or loan program developed by
SCC.
4)Requires SCC to provide the list to the Commission and
requires the Commission to provide the list to local
governments with LCPs.
5)Requires the Commission to refer to the list for two purposes:
a) Options for mitigation when considering a CDP that
impacts the availability of low-cost accommodations, and
b) Options for expending prior commitments of "in-lieu"
public access fees.
FISCAL EFFECT: Unknown
COMMENTS:
1)Coastal Commission. The Coastal Act broadly protects public
access for all by protecting and providing for lower cost
public recreational and visitor serving facilities, including,
but not limited to, overnight accommodations. As stated in
the Commission's Strategic Plan Vision: "The California coast
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is available for all to enjoy through thousands of public
accessways to and along the shoreline, a completed California
Coastal Trail, a well-supported network of parks and open
spaces, and a wide range of visitor-serving facilities,
including lower cost campgrounds, hostels, and hotels."
Section 30213 requires permitted development to protect,
encourage, and, where feasible, provide lower cost visitor and
recreational facilities. According to the Commission, this
protection is necessary because there is significant pressure
to develop new higher cost accommodations, sometimes by
replacing existing lower or moderate cost facilities. This is
because market demand tends to push prices increasingly higher
in the California coastal zone where tourism and overnight
accommodations are extremely valuable commodities.
The Commission has carried out the Coastal Act mandate to
protect and provide lower cost visitor-serving accommodations
in various ways. The Commission has certified LCP policies
throughout the coastal zone that implement Section 30213
requirements. Through coastal development permit actions, the
Commission has in some cases denied permit applications for
development that would eliminate existing lower cost
facilities, and has in other cases required low-cost
accommodations to be constructed in conjunction with new
higher cost hotels either on or off site.
The Commission has also collected over $19 million in
"in-lieu" fee mitigation for impacts to low-cost
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accommodations, and those fees have resulted in the
development of significant low-cost accommodations along the
California coast, including support for the 260-bed Santa
Monica Hostel, the restoration of Crystal Cove Cottages in
Orange County, and nearly 200 new State Parks campsites.
However, millions of dollars in "in lieu" fees remain unspent,
and the Commission is currently engaged in an effort to
document all past "in lieu" fee requirements. The Commission
partnered with State Parks, SCC, regional agencies, local
governments, and non-profits on projects that spend "in lieu"
fees.
The Commission's Strategic Plan Action 1.2.2 expresses a need
to work with SCC, State Parks, and other state and local
partners to identify, plan for, and provide new public access
and recreational opportunities and low-cost accommodations
through effective allocation of existing and potential future
"in-lieu" fees. The Commission has had workshops on low-cost
accommodations, one in December of 2014 and one March of 2015.
During these workshops concerns were expressed over the
unspent "in-lieu" fees and the lack of low-cost
accommodations. At the December workshop, San Francisco State
University Professor Patrick Tierney stated that many owners
of low-cost accommodations in the coastal zone are nearing
retirement and that many private motels and hotels that are a
low-cost option for visitors could be lost in the near future.
2)Other players. While the federal and local governments also
have efforts to increase low-cost accommodations along the
coast, SCC and State Parks are the two other state agencies
that play a role providing low-cost accommodations. SCC has
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targeted the provision of low-cost overnight accommodations
near the coast under part of its Public Access Program since
1985, and assisted nonprofit organizations and local
governmental agencies in developing campgrounds, hostels, and
cabins/cottages along the California Coast. Since the start
of the Public Access Program in 1985, SCC has granted over $9
million to help fund 13 separate projects to enhance low-cost
coastal accommodations. One concern raised by SCC with the
"in lieu" fees provided by the Commission is they are small
relative to the total cost of a low-cost accommodation
project. In addition, "in lieu" fees are a condition of an
individual CDP and often have geographic and nexus
requirements that makes it more complicated to find
appropriate projects for the "in lieu" fees.
Coastal state parks cover 339 miles of Pacific coastline.
State parks along the coast also provide many lower cost
visitor-serving accommodations. The Parks Forward Initiative
stated that more people will visit parks if parks offer a
broad range of affordable overnight accommodations. A key
Parks Forward recommendation is increasing the number,
variety, and affordability of overnight accommodations. It is
important to increase low-cost accommodations available at
State Parks because cabins on the coastal zone often are
booked through much of the summer season. For example,
occupancy rates at the Crystal Cove Cottages in Crystal Cove
State Park are estimated to be approximately 97%. Cabins
often offer options to disadvantaged Californians that may not
have traditional camping equipment. The Commission has ordered
construction of low-cost accommodations at State Parks as
direct mitigation and has awarded "in lieu" fees for that
purpose.
3)AB 2185. Allowing families of all income levels to have
access to California's beaches and coast is a central tenet of
the Coastal Act. AB 2185 attempts to expand and preserve the
pool of low-cost accommodations to create more recreation
opportunities for all Californians.
AB 2185 embraces many of the recommendations that were either
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provided by individual commissioners or the presenters at the
workshops help by the Commission. SCC will be the lead agency
implementing AB 2185, which is consistent with their duties
assisting implementation of the Coastal Act. The bill will
develop a unique program that will attempt to preserve private
low-cost accommodations by providing grants or loans to meet
operation and maintenance needs in exchange for a commitment
of continued low-cost accommodations at the facilities. The
program could be funded through private or public funds and
could offer a way to preserve small independent motels and
hotels along the coast that offer low-cost accommodations. By
gaining legally binding agreements to continue to offer
low-cost accommodations, SCC could reduce the pressure for
hotel conversions on the coast. One potential concern that
has been raised by the Commission and SCC with this approach
is any program would need to ensure a public benefit, and that
any benefit to a private entity must only be incidental to the
direct public purpose to avoid being a gift of public funds.
AB 2185 also requires SCC, in consultation with the
Commission, State Parks, and other relevant coastal public
land holders, to develop a list of potential low-cost
accommodations in the coastal zone. This list of potential
projects would include recommendations by the Parks Forward
Commission, current grant programs at SCC for public agencies
and non-profits, and the new grant or loan program that will
be developed by SCC, as specified in this bill. This list
would be used by the Commission and local governments with
LCPs when considering CDPs that impact the availability of
low-cost accommodations to assist them with actual examples of
what direct mitigations and appropriate "in-lieu" fee
requirements could be. The goal of this information is to
help the Commission and local governments with LCPs make more
informed decisions that result in the most appropriate
mitigation. In addition, AB 2185 would provide the Commission
with a list of potential projects to reduce the backlog of
committed "in lieu" fees. It is important to recognize that
"in-lieu" fees and off site mitigation are just a component of
the Commission's duties to protect low-cost accommodations.
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The list of potential new low-cost accommodation projects that
will be created by AB 2185 should not distract the Commission
from protecting existing low-cost accommodations and requiring
low-cost accommodations on site, where feasible.
4)Prior legislation.
AB 694 (Rendon, 2015) was almost identical to this bill and was
held in Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Amigoes de los Rios
Audubon California
Azul
Black Surfers Collective
California Coastal Protection Network
California League of Conservation Voters
Climate Parents
Coastal Environmental Rights Foundation
Environmental California
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Heal the Bay
Hispanic Access Foundation
Los Angeles Waterkeeper
National Parks Conservation Association
Natural Resources Defense Council
San Diego Navy Broadway Complex Coalition
Save Our Shores
Sierra Club California
Sugar Law Center for Social Justice
Surfrider Foundation
The City Project
2 Individuals
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092
AB 2185
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