(a) Because of the intensity of development contemplated, the area's steep topography
and highly erodible soils, and the demonstrated impacts from development despite the
utilization of mitigation measures, the Legislature finds that the threat from development
to wetlands in the City of San Diego requires that a mitigation fee program be included
in the city's local coastal program. Therefore, the City of San Diego shall provide in its local coastal program for
payment of a reasonable fee to the State Coastal Conservancy by applicants for a coastal
development permit if the proposed development has, or is reasonably expected to have,
a direct and significant effect on coastal resources within a specific geographic
watershed in the coastal zone which can be mitigated through the incorporation of
feasible onsite and offsite mitigation measures into the proposed development and
through the mitigation fee program.
(b) Fees paid by an applicant pursuant to subdivision (a) shall be deposited in an
account established by the State Coastal Conservancy. 1 None of the funds in the account shall be appropriated for any purpose not specified
in this section. Except as provided in this section, any fee paid pursuant to this section may only
be used to restore, replace, or improve resources or ecological systems which are
adversely affected by the proposed development and with respect to which the fee constitutes
partial or total mitigation. Any fees established pursuant to this section are not required for any development
that is undertaken by a public agency for the purpose of providing resource enhancement
or public recreation. In the event that mitigation of all development impacts cannot be feasibly carried
out within the watershed, the conservancy may, with the approval of the local government
and the commission, complete the mitigation for the development outside of the watershed.
(c) This section and Section 31108.5 apply only to the Los Penasquitos Lagoon area in the City of San Diego.
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