as amended, Burke. California Coastal Commission:
begin delete membership:end delete environmental justice.
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission. Existing law provides that the commission consists of 15 members.
This bill would increase the membership of the commission to 18 and would require 3 additional members to be appointed, one each by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, who represent and work directly with communities in the state that are most burdened by, and vulnerable to, high levels of pollution and issue of environmental justice, as defined.
Existing law requires maximum access and recreational opportunities to be provided to the public in the state’s coastal areas and, in that regard, requires lower cost visitor and recreational facilities to be protected, encouraged, and, where feasible, provided.
This bill would additionally require housing opportunities for persons of low and moderate income to be protected, encouraged, and, where feasible, provided in coastal areas.
begin deleteThe bill would also specify that the act does not preclude or otherwise restrict the consideration of environmental justice or the equitable distribution of environmental benefits in communities throughout the state.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30006.6 is added to the Public Resources
2Code, to read:
This division shall not preclude or otherwise restrict
4the consideration of environmental justice, as defined in
5subdivision (e) of Section 65040.12 of the Government Code, or
6the equitable distribution of environmental benefits in communities
7throughout the state.
Section 30213 of the Public Resources Code is
10amended to read:
Lower cost visitor and recreational facilities and housing
12opportunities for persons of low and moderate income shall be
13protected, encouraged, and, where feasible, provided.
14Developments providing public recreational opportunities are
16The commission shall not do either of the following:
(a) Require that overnight room rentals be fixed at an amount
2certain for any privately owned and operated hotel, motel, or other
3similar visitor-serving facility located on either public or private
5(b) Establish or approve any method for the identification of
6low or moderate income persons for the purpose of determining
7eligibility for overnight room rentals in any of those facilities.
Section 30301 of the Public Resources Code is
10amended to read:
The commission shall consist of the following 18
13(a) The Secretary of the Natural Resources Agency.
14(b) The Secretary of Transportation.
15(c) The Chairperson of the State Lands Commission.
16(d) Six representatives of the public from the state at large. The
17Governor, the Senate Committee on Rules, and the Speaker of the
18Assembly shall each appoint two of these members.
19(e) Six representatives selected from six coastal regions. The
20Governor shall select one member from the north coast region and
21one member from the south central coast region. The Speaker of
22the Assembly shall select one member from the central coast region
23and one member from the San Diego coast region. The Senate
24Committee on Rules shall select one member from the north central
25coast region and one member from the south coast region. For
26purposes of this division, these regions are defined as follows:
27(1) The north coast region consists of the Counties of Del Norte,
28Humboldt, and Mendocino.
29(2) The north central coast region consists of the Counties of
30Sonoma and Marin and the City and County of San Francisco.
31(3) The central coast region consists of the Counties of San
32Mateo, Santa Cruz, and Monterey.
33(4) The south central coast region consists of the Counties of
34San Luis Obispo, Santa Barbara, and Ventura.
35(5) The south coast region consists of the Counties of Los
36Angeles and Orange.
37(6) The San Diego coast region consists of the County of San
39(f) Three representatives of, and who work directly with,
40communities in the state that are most burdened by, and vulnerable
P4 1to, high levels of pollution and issues of environmental justice, as
2defined in subdivision (e) of Section 65040.12 of the Government
3Code, including, but not limited to, communities with diverse
4racial and ethnic populations and communities with low-income
5populations. The Governor, the Senate Committee on Rules, and
6the Speaker of the Assembly shall each appoint one of these
No local coastal program shall be required to include
11housing policies and programs.
(a) Prior to certification of the local coastal program,
15a coastal development permit shall be issued if the issuing agency,
16or the commission on appeal, finds that the proposed development
17is in conformity with Chapter 3 (commencing with Section 30200)
18and that the permitted development will not prejudice the ability
19of the local government to prepare a local coastal program that is
20in conformity with Chapter 3 (commencing with Section 30200).
21A denial of a coastal development permit on grounds it would
22prejudice the ability of the local government to prepare a local
23coastal program that is in conformity with Chapter 3 (commencing
24with Section 30200) shall be accompanied by a specific finding
25that sets forth the basis for that conclusion.
26(b) After certification of the local coastal program, a coastal
27development permit shall be issued if the issuing
begin delete agencyend delete
28 or the commission on
begin delete appealend delete finds that the proposed
29development is in conformity with the certified local coastal
31(c) Every coastal development permit issued for any
32development between the nearest public road and the sea or the
33shoreline of any body of water located within the coastal zone
34shall include a specific finding that the development is in
35conformity with the public access and public recreation policies
36of Chapter 3 (commencing with Section 30200).
37(d) No development or any portion thereof that is outside the
38coastal zone shall be subject to the coastal development permit
39requirements of this division, nor shall anything in this division
40authorize the denial of a coastal development permit by the
P5 1commission on the grounds the proposed development within the
2coastal zone will have an adverse environmental effect outside the
4(e) No coastal development permit may be denied under this
5division on the grounds that a public agency is planning or
6contemplating to acquire the
begin delete property on,end delete or property
7adjacent to the
begin delete property on,end delete which the proposed
8development is to be located, unless the public agency has been
9specifically authorized to acquire the property and there are funds
10available, or funds that could reasonably be expected to be made
11available within one year, for the acquisition. If a permit has been
12denied for that reason and the property has not been acquired by
13a public agency within a reasonable period of time, a permit may
14not be denied for the development on grounds that the property,
15or adjacent property, is to be acquired by a public agency when
16the application for such a development is resubmitted.
17(f) The commission shall encourage housing opportunities for
18persons of low and moderate income. In reviewing residential
19development applications for low- and moderate-income housing,
20as defined in paragraph (3) of subdivision (h) of Section 65589.5
21of the Government Code, the issuing
begin delete agencyend delete or the
begin delete commission,end delete on appeal, may not require measures that
23reduce residential densities below the density sought by an
24applicant if the density sought is within the permitted density or
25range of density established by local zoning plus the additional
26density permitted under Section 65915 of the Government Code,
27unless the issuing agency or the commission on appeal makes a
28finding, based on substantial evidence in the record, that the density
29sought by the applicant cannot feasibly be accommodated on the
30site in a manner that is in conformity with Chapter 3 (commencing
31with Section 30200) or the certified local coastal program.
32(g) The Legislature finds and declares that it is important for
33the commission to encourage the protection of existing and the
34provision of new affordable housing opportunities for persons of
35low and moderate income in the coastal zone.