California AB 1740

(1) The California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for the planning and regulation of development in the coastal zone, as defined. The act generally requires each local government, as specified, to prepare a local coastal program for certification by the commission, however, the act authorizes any local government to request the commission to prepare the local coastal program for the local government, as provided. The act generally prohibits, after certification of a local coastal program and all implementing actions within the affected area, the commission from exercising its coastal development permit review authority over any new development within the area to which the certified local coastal program, or any portion thereof, applies. This bill would require, on or before January 1, 2029, the City of Santa Monica to submit to the commission a proposed, complete local coastal program for the city's portion of the coastal zone. By creating a new duty for the City of Santa Monica, the bill would impose a state-mandated local program. The bill would require the commission to act within 6 months of receipt of the proposed, complete local coastal program, unless an extension is requested by the city. The bill would also require the commission, within 45 days of receipt of the proposed, complete local coastal program, to provide the city, in writing, a list of identified issues, if any, that require further refinement through suggested modifications for the local coastal program, as provided, and would require the city and the commission to coordinate expeditiously and in good faith to reach agreement on any suggested modifications within 6 months of receipt of the submitted complete proposal. If the commission fails to act on the city's complete, proposed local coastal program within 6 months of receipt of a submitted complete proposal, as provided, the bill would require the commission to provide quarterly, written updates to the Legislature describing, among other things, the reason for the delay. (2) Existing law prohibits an application by a local government to convert an existing motorized vehicle lane into a dedicated bicycle lane, dedicated transit lane, or a pedestrian walkway from being required to include a traffic study for the processing of either a coastal development permit or an amendment to a local coastal program. Existing law requires, if a proposal to convert an existing motorized vehicle travel lane into a dedicated bicycle lane, dedicated transit lane, or a pedestrian walkway within the developed portion of an existing road right-of-way requires an amendment to a local coastal program, that the amendment be processed in accordance with the procedures applicable to de minimus local coastal program amendments if the executive director of the commission makes specified determinations. This bill would require, if a proposal to convert part or all of a developed portion of an existing road right-of-way into a bicycle right-of-way, transit right-of-way, pedestrian walkway, or combination thereof requires an amendment to a local coastal program, that the amendment be processed in accordance with the procedures applicable to de minimus local coastal program amendments if the executive director determines that, on balance, the project will provide commensurate or enhanced public access to the coast. For an application for a coastal development permit to convert part or all of the developed portion of an existing road right-of-way that is not a state highway into a bicycle right-of-way, transit right-of-way, pedestrian walkway, or combination thereof, the bill would require the permit requirement be waived if the executive director determines that, on balance, the project will provide commensurate or enhanced public access to the coast. The bill would, until December 31, 2032, require, on or before January 31 of each year, the commission to post on its internet website and transmit to the Legislature a report that includes, among other things, the total number of applications received for a coastal development permit to convert part or all of the developed portion of an existing road right-of-way that is not a state highway into a bicycle right-of-way, transit right-of-way, pedestrian walkway, or combination thereof, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Santa Monica. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.