PortsImplementation; Master Plan
Section § 30710
This law required the commission, by March 31, 1977, to hold public hearings and create official maps for each port, showing both the current legal boundaries within the coastal zone and the limits of any wetlands, estuaries, or recreational areas. These maps were to be adopted, certified, and filed with each port's governing body.
Section § 30711
This law requires each port's governing body to prepare and adopt a port master plan that aligns with the chapter's guidelines. It must detail proposed land and water uses, the design and location of port areas, potential impacts on habitats and the marine environment, and strategies to minimize negative effects. The plan should also list major projects requiring additional review and outline procedures for public involvement and hearings. The plan needs to be detailed enough for commission evaluation for policy conformity.
Section § 30712
This law requires that when a port master plan is being considered and approved, the public and various organizations and government agencies should be invited to submit their comments and evidence. The port governing body must announce when the draft plan is ready and share it with the commission and others who are interested. They are required to hold a public hearing on the draft plan, which should take place between 30 and 90 days after the announcement.
Section § 30714
When a port governing body in California wants to adopt a master plan, it must notify the public, hold hearings, and consider any feedback. The plan is then sent to a commission for approval. The commission has 90 days to review the plan and hold a public hearing. If they approve, they certify the plan; if parts are not approved, they provide written reasons for rejection. Importantly, the commission cannot change the plan themselves. If no decision is made in 90 days, the plan is automatically certified.
The plan needs to align with the chapter’s policies, and any developments that are subject to appeal must match the policies of another specific chapter to gain certification.
Section § 30715
This law section talks about how port developments are managed before and after a port master plan is certified. Before certification, the commission handles the development permits. After certification, the port's governing body takes over, except for certain types of developments that can still be reviewed by the commission. These include developments impacting oil and gas supply, waste water facilities, roads, non-administrative buildings like hotels and shops, oil refineries, and petrochemical plants.
Also, if these developments involve maintenance dredging, the commission won't consider the dredging during their review.
Section § 30715.5
A port's governing body cannot approve any development project unless it matches the certified port master plan. This ensures that all developments stay aligned with the established plan for the area.
Section § 30716
The port governing body can amend a certified port master plan, but it doesn't take effect until the commission certifies it. Amendments are processed the same way as the original plan. However, minor changes can be reviewed by the executive director and take effect quickly.
The executive director can label some changes as 'de minimis' if they don't impact coastal resources, meet certain criteria, and if the public has been properly notified 21 days before submission. The director has 10 working days to make this determination, and if three commission members don't object, the change is considered part of the plan after 10 days.
If there is an objection, the amendment may require a public hearing or be returned to the port governing body. The commission can also set guidelines for these procedures, which are exempt from some government review requirements.
Section § 30717
This law requires port governing bodies to inform the commission about the planning and design of developments that can be appealed. Before starting any project that can be appealed, ports must notify the commission and interested parties about its approval, showing it aligns with the port master plan and legal regulations. The port's approval becomes valid 10 working days after notification unless someone appeals to the commission within that time. If an appeal is made, it will be handled like any local government appeal process. No development can start until the approval is official and unchallenged.
Section § 30718
This law requires that when a port governing body is developing a project certified under a master plan and not subject to appeal, they must send any environmental reports or statements to the commission for feedback. These reports are prepared under the California Environmental Quality Act or the National Environmental Policy Act.
Section § 30719
This section explains that any development project or activity in California, once approved based on the rules in this chapter, automatically complies with the coastal zone management program. This compliance is recognized when a federal agency asks for certification, based on agreements between California and the federal government under the Federal Coastal Zone Management Act of 1972.
Section § 30720
If a court stops or blocks any part of a port master plan, the authority to issue permits for developments impacted by this will go back to the commission.
Section § 30721
This law recognizes Port Hueneme as a unique deep-water port that doesn't have access to city or county funding. Because of this, it can seek reimbursement for costs related to creating and certifying a port master plan. Before claiming reimbursement, the port must get approval from the commission's executive director by proving the work was directly linked to the port's requirements and unpaid by other sources. After approval, the port can submit the claim to the Controller for payment.