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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 5.5 [FNA1] CALIFORNIA COASTAL COMMISSION


database is current through 08/11/06, Register 2006, No. 32.

s 13001. Purpose of Regulations.

These regulations are promulgated pursuant to the California Coastal Act of 1976, as it may be amended from time to time, to enable the California Coastal Commission to carry out the purposes and provisions of the Act. No attempt has been made to reproduce in these regulations the definitions, policies, and other provisions found in the Act. Therefore, these regulations should be read together with the Act.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.


s 13002. Explanation of References.

Reference in these regulations to "Chapter," "Subchapter," "Article," "Section," and "Subsection" denote subdivisions of these regulations. References to the California Coastal Act of 1976, codified as Division 20 of the Public Resources Code, are in this form: "Public Resources Code, Section ____________."




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.



s 13003. Use and Effect.

Each of these regulations shall be interpreted and liberally construed to accomplish the purposes and carry out the objectives of the California Coastal Act of 1976.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30009, Public Resources Code.


s 13004. Reference to Commission and to Regional Commission.





s 13006. Aggrieved Person.

An "aggrieved" person is any person who meets the requirements of Public Resources Code, Section 30801.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30801, Public Resources Code.



s 13007. Appointed Membership.

"Appointed membership" means all the persons who have been appointed or designated to serve and have been sworn in as voting members of the commission; a vacancy on the commission shall not be computed in determining a majority or two-thirds of the appointed membership.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.

s 13009. Emergency.

"Emergency," as used in Public Resources Code Section 30624, and these regulations means: a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.



s 13010. Filing of an Application.





s 13011. First Public Road Paralleling the Sea.

The "first public road paralleling the sea" means that road nearest to the sea, as defined in Section 30115 of the Public Resources Code, which:

(a) Is lawfully open to uninterrupted public use and is suitable for such use;

(b) Is publicly maintained;

(c) Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

(d) Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

(e) Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601, 30603, 30604, and 30212, Public Resources Code.


s 13012. Major Public Works and Energy Facilities.

(a) "Major public works" and "Major energy facilities" mean facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624.

(b) Notwithstanding the criteria in (a), "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601 and 30603, Public Resources Code.


s 13013. Inspection of Public Records.





s 13013.5. Copies and Certification.

Copies of official records may be made and certified by the commission, the expense thereof to be borne by the person or party requesting the same.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 6257, Government Code.





s 13015. Method of Notification.

Notice of regular meetings of the commission shall be by first class mail or other reasonable means, dispatched not later than 10 days preceding the meeting and containing an agenda listing each item to be considered. The agenda item description shall conform to Section 13063 where the item is a development permit application.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code; and Section 11125, Government Code.


s 13016. Who Shall Receive Notice.

Such notice shall be mailed to commission members, to all parties to proceedings on the agenda, to others known to be interested in specific agenda items, and to any person who requests such notice in writing. The commission may require each person requesting such notice to supply self-addressed stamped envelopes for the purpose of providing such notice. The commission shall also mail the notice and agenda of the commission hearings to public libraries, building departments and city halls throughout its coastal zone area with a request that they be regularly posted on public bulletin boards or other places readily accessible to the public and shall provide the agenda to newspapers of general circulation.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.


s 13017. Substituted Notice.

Should circumstances arise substantially affecting the reliability of the U.S. Postal Service, the executive director of the commission may substitute for any notification required by these regulations to be mailed, such other form of notification reasonable under the circumstances, such as newspaper publication, radio or television broadcasting, telephonic communication, posting on public property or on property subject to a permit application, or such other reasonable means as might be available.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.


s 13018. Time and How Called.

A special meeting of the commission may be called for any reasonable time by resolution or by written petition of a majority of the appointed members of the commission, or by written call of the chairperson.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.


s 13018.5. Notice.

Notice of any special meetings shall be given in the same manner provided in Sections 13015, 13016, and 13017.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code.



s 13019. Time and Reason For.

The chairperson of the commission may call an emergency meeting for any day and time when a situation may exist that poses danger to life, health, or property and when commission action is or may be needed in the situation.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.


s 13020. Notice.

Notice of any emergency meeting must be provided by telegram to all persons entitled to receive notice pursuant to Section 13016 and, shall be sent not less than 24 hours prior to the meeting, if possible. In addition commission members shall be notified by telephone prior to or immediately following placing of the telegraphic notice and a reasonable effort shall be made to notify the public of the meeting. Any such notice shall contain a listing of the items to be considered at the emergency meeting.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code.



s 13021. Quorum.

For all meetings of the commission, a quorum shall be majority of the total appointed membership of the commission. In the absence of a quorum physically present in the meeting room, the meeting proceedings shall be suspended until such time as a quorum is present within the meeting room itself.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.

s 13022. Voting -Number Required to Authorize Action.

Except as otherwise required by the California Coastal Act of 1976 or in these regulations, actions of the commission shall be by vote of a majority of commissioners physically present within the meeting room at the time of the vote.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.

s 13023. Procedures -Robert's Rules of Order.

Except where the provision of the California Coastal Act of 1976 or of these regulations provide to the contrary, or when the commission determines otherwise, the commission shall operate under the latest edition of Robert's Rules of Order.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.

s 13024. Agenda.

(a) The agenda for regular meetings of the commission shall be set by the executive director at least 10 days prior to the meeting.

(b) Items on the agenda shall be heard in the order listed. The chairperson may with the concurrence of a majority of commissioners present, order that any particular item on the agenda be trailed to a later time in the meeting where, in the opinion of the chairperson and the commission, such change is necessary to: (1) obtain the testimony of an interested person, including a government agency staff person, who has been prevented from appearing or making a presentation by unexpected factors beyond the individual's control; (2) consolidate two or more factually or legally related agenda items for a single hearing where consolidation of the items will prevent duplication of testimony; or, (3) provide time for additional staff analysis of a newly raised issue or of new information which does not require continuance of the matter to a subsequent meeting.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code.

s 13025. Voting -Prerequisite of Notice.

The commission shall not vote upon substantive or policy matters of general importance, including permit applications when adequate descriptive notice has not been given as part of the required notice of the meeting. This shall include actions to be taken on personnel matters such as appointment or removal of Chairperson, Vice Chairperson, and Executive Director.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.


s 13025.1. Voting -Fairness and the Appearance of Fairness.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30001, 30001.5, 30004, 30006 and 30310(b), Public Resources Code; and Section 84308, Government Code.


s 13026. Recording of Meetings.





s 13027. Minutes of Meetings.





s 13028. Selection and Term of Chairperson and Vice-Chairperson.

A chairperson and vice-chairperson of the commission shall be selected and shall serve for a term to be fixed by the commission. The selection shall only take place after public notice of the proposed action has been given in accordance with Section 13015.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315 and 30316, Public Resources Code; and Section 11125, Government Code.


s 13029. Duties of Chairperson.





s 13030. Duties of Vice-Chairperson.





s 13031. Executive Director -Appointment and Term.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.

s 13032. Duties and Delegation.

(a) In accordance with the direction and policies of the commission and pursuant to Public Resources Code Section 30335, the executive director shall administer the affairs of the commission and, subject to approval by that commission, the executive director of the commission shall on behalf of the commission and in accordance with applicable state and civil service procedures, appoint such other employees as may be necessary to carry out the functions of the commission.

(b) Except as specifically provided by resolution, the executive director may delegate the performance of any of his or her functions, but such delegation(s) shall not affect his or her responsibility to see that the directions and policies of the commission are carried out fully and faithfully.

(c) The executive director of the commission shall, when authorized by resolution of the commission, establish administrative procedures necessary to implement these regulations. Such administrative procedures shall be reduced to writing, shall be kept current with any amendments thereto, and shall be made available to all persons who shall be provided a copy of such procedures upon request and upon the payment of a reasonable fee.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30335, Public Resources Code.


s 13033. Acting Executive Director.




s 13034. Ombudsperson.

The Chief Counsel of the California Coastal Commission shall be the regulatory ombudsperson for the California Coastal Commission. In his or her capacity as the regulatory ombudsperson, the Chief Counsel shall review all petitions for rulemaking and shall make recommendations to the Commission on any proposed rulemaking.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 11340.7, Government Code.









NOTE: Pursuant to a regulation of the Fair Political Practices Commission
(Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of
interest code has the options of requesting that the code either be (1) printed
in the CCR in its entirety or (2) incorporated by reference into the CCR. Here,
the adopting agency has requested incorporation by reference. However, the full
text of the regulations is available to the public for review or purchase at

cost at the following locations:

California Coastal Commission

45 FREMONT Street, Suite 2000

San Francisco, CA 94105

Fair Political Practices Commission

428 "J" Street, Suite 800

Sacramento, California 95814

Secretary of State

archives

1020 "O" Street

Sacramento, California 95814
The Conflict of Interest Code is designated as Chapter 4, Division 5.5 of
Title 14 of the California Code of Regulations, and consists of sections
numbered and titled as follows:

Chapter 4.

California Coastal Commission -

Conflict of Interest Code

13040. General Provisions

Appendix A

Appendix B


Note: Authority cited: Section 87300, Government Code. Reference: Sections 87300, 87302 and 87306, Government Code.

s 13050. Scope of Chapter.

Except as specifically provided by any subdivision hereof the provisions of this chapter shall govern all coastal development permit applications required under Public Resources Code, Section 30601, and under Public Resources Code, Section 30600 where a local government has not exercised its option to administer permits as provided in Sections 13301-13327 of these regulations.





s 13050.5. Permit Jurisdiction over Portions of a Development Not Within the Coastal Zone.

Except for the following circumstances a coastal development permit shall only be required for a development or those portions of a development actually located within the coastal zone:

(a) In the case of any division of land, a permit shall be required only for any lots or parcels created which require any new lot lines or portions of new lot lines in the coastal zone: in such instance, commission review shall be confined to only those lots or portions of lots located within the coastal zone.

(b) In the case of any development involving a structure or similar integrated physical construction, a permit shall be required for any such structure or construction which is partially in and partially out of the coastal zone.




Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Division 20, Public Resources Code.

s 13051. Reference to Regional Commission.




Note: Authority cited: Sections 30331 and 30333, Public Resources Code.

s 13051.5. Reference to Executive Director.




Note: Authority cited: Sections 30331 and 30333, Public Resources Code.


s 13052. When Required.

When development for which a permit is required pursuant to Public Resources Code, Section 30600 or 30601 also requires a permit from one or more cities or counties or other state or local governmental agencies, a permit application shall not be accepted for filing by the Executive Director unless all such governmental agencies have granted at a minimum their preliminary approvals for said development, except as provided in section 13053. An applicant shall have been deemed to have complied with the requirements of this Section when the proposed development has received approvals of any or all of the following aspects of the proposal, as applicable:

(a) Tentative map approval;

(b) Planned residential development approval;

(c) Special or conditional use permit approval;

(d) Zoning change approval;

(e) All required variances, except minor variances for which a permit requirement could be established only upon a review of the detailed working drawings;

(f) Approval of a general site plan including such matters as delineation of roads and public easement(s) for shoreline access;

(g) A final Environmental Impact Report or a negative declaration, as required, including (1) the explicit consideration of any proposed grading; and (2) explicit consideration of alternatives to the proposed development; and (3) all comments and supporting documentation submitted to the lead agency;

(h) Approval of dredging and filling of any water areas;

(i) Approval of general uses and intensity of use proposed for each part of the area covered by the application as permitted by the applicable local general plan, zoning requirements, height, setback or other land use ordinances;

(j) In geographic areas specified by the Executive Director of the Commission, evidence of a commitment by local government or other appropriate entity to serve the proposed development at the time of completion of the development, with any necessary municipal or utility services designated by the Executive Director of the Commission;

(k) A local government coastal development permit issued pursuant to the requirements of Chapter 7 of these regulations.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code.


s 13053. Where Preliminary Approvals Are Not Required.

(a) The executive director may waive the requirement for preliminary approval by other federal, state or local governmental agencies for good cause, including but not limited to:

(1) The project is for a public purpose;

(2) The impact upon coastal zone resources could be a major factor in the decision of that state or local agency to approve, disapprove, or modify the development;

(3) Further action would be required by other state or local agencies if the coastal commission requires any substantial changes in the location or design of the development;

(4) The state or local agency has specifically requested the coastal commission to consider the application before it makes a decision or, in a manner consistent with the applicable law, refuses to consider the development for approval until the coastal commission acts, or

(5) A draft Environmental Impact Report upon the development has been completed by another state or local governmental agency and the time for any comments thereon has passed, and it, along with any comments received, has been submitted to the commission at the time of the application.

(b) Where a joint development permit application and public hearing procedure system has been adopted by the commission and another agency pursuant to Public Resources Code section 30337, the requirements of Section 13052 shall be modified accordingly by the commission at the time of its approval of the joint application and hearing system.

(c) The executive director may waive the requirements of section 13052 for developments governed by Public Resources Code, section 30606.

(d) The executive director of the commission may waive the requirement for preliminary approval based on the criteria of section 13053(a) for those developments involving uses of more than local importance as defined in section 13513.

(e) The executive director shall waive the requirement for preliminary approval when required pursuant to Government Code section 65941(c).




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code.


s 13053.4. Single Permit Application.

(a) To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The executive director shall not accept for filing a second application for development which is the subject of a permit application already pending before the commission. This section shall not limit the right of an applicant to amend a pending application for a permit in accordance with the provisions of section 13072.

(b) The executive director shall not accept for filing an application for development on a lot or parcel or portion thereof which is the subject of a pending proposal for an adjustment to the boundary of the coastal zone pursuant to Public Resources Code section 30103(b).




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.


s 13053.5. Application Form and Information Requirements.

The permit application form shall require at least the following items:

(a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the Coastal Act, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the Commission will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term "significant adverse impact on the environment" shall be defined as in the California Environmental Quality Act and the Guidelines adopted pursuant thereto.

(b) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain.

(c) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application.

(d) In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one (1) copy of each drawing, map, photograph, or other exhibit approximately 8 1/2 in. by 11 in., or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the Commission's mailing lists and for inspection by the public in the Commission office. A reasonable number of additional copies may, at the discretion of the Executive Director, be required.

(e) Any additional information deemed to be required by the commission or the commission's executive director for specific categories of development or for development proposed for specific geographic areas.

(f) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601.5 and 30620, Public Resources Code.

s 13053.6. Amendment of Application Form.

The executive director of the commission may, from time to time, as he or she deems necessary, amend the format of the application form, provided, however, that any significant change in the type of information requested must be approved by the commission.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.


s 13054. Identification of Interested Persons/Submission of Envelopes/Posting of Site.

(a) For applications filed after the effective date of this subsection, the applicant shall provide names and addresses of, and stamped envelopes for adjacent landowners and residents, and other interested persons as provided in this section. The applicant shall provide the commission with a list of:

(1) the addresses of all residences, including each residence within an apartment or condominium complex, located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed,

(2) the addresses of all owners of parcels of real property of record located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, based upon the most recent equalized assessment roll, and

(3) the names and addresses of all persons known to the applicant to be interested in the application, including those persons who testified at or submitted written comments for the local hearing(s).

This list shall be part of the public record maintained by the commission for the application.

(b) The applicant shall also provide the commission with stamped envelopes for all addresses on the list prepared pursuant to subsection (a) above. Separate stamped envelopes shall be addressed to "owner," "occupant," or the name of the interested person, as applicable. The applicant shall also place a legend on the front of each envelope including words to the effect of "Important. Public Hearing Notice." The executive director shall provide an appropriate stamp for the use of applicants in the commission office. The legend shall be legible and of sufficient size to be reasonably noted by the recipient of the envelope. The executive director may waive this requirement for addresses identified under subsection (a)(1) and (2) above and may require that some other suitable form of notice be provided by the applicant to those interested persons pursuant to section 13063(b) of these regulations.

(c) If at the applicant's request, the public hearing on the application is postponed or continued after notice of the hearing has been mailed, the applicant shall provide an additional set of stamped, addressed envelopes that meet the requirements of section 13054(b). The additional set of stamped, addressed envelopes shall be submitted within ten days of the commission's decision to postpone or continue the hearing.

(d) At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public which is also as close as possible to the site of the proposed development, notice that an application for a permit for the proposed development has been submitted to the commission. Such notice shall contain a general description of the nature of the proposed development. The commission shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to sign the declaration of posting, the executive director of the commission shall refuse to file the application.

(e) Pursuant to Sections 13104 through 13108.5, the commission shall revoke a permit if it determines that the permit was granted without proper notice having been given.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.


s 13055. Fees.

(a) Permit filing and processing fees shall be as follows:

(1) Two hundred dollars ($200) for any development qualifying for an administrative permit.

(2) For a single-family residence, the fee shall be based on the square footage of the proposed residence as shown in the following table:
Square Footage of Proposed Fee
Residence
1500 or less $250
1501 to 5000 $500
5001 or more $1000


(3) Six hundred dollars ($600) for lot line adjustments, or for divisions of land where there are single-family residences already built and only one new lot is created by the division or for multi-family units up to four (4) units.

(4) Two thousand dollars ($2,000) or one hundred twenty dollars ($120) per unit, whichever is greater, but not to exceed twenty thousand dollars ($20,000) for multi-unit residential development greater than four (4) units.

(5) All residential projects (whether single or multi-unit) that include more than 75 cubic yards of grading shall be subject to an additional fee of two hundred dollars ($200). This fee does not apply to residential projects that qualify for administrative permits.

(6) For office, commercial, convention, or industrial development, the fee shall be based upon gross square footage as shown in the following table:

Gross Square Footage of Fee
Proposed Development
1000 or less $500
1001 to 10,000 $2,000
10,001 to 25,000 $4,000
25,001 to 50,000 $8,000
50,001 to 100,000 $12,000
100,001 or more $20,000


(7) Twenty thousand dollars ($20,000) for major energy production and fuel processing facilities, including but not limited to, the construction or major modification of offshore petroleum production facilities, tanker terminals and mooring facilities, generating plants, petroleum refineries, LNG gassification facilities and the like.

(8) For changes in intensity of use; for office, commercial, convention or industrial development not otherwise identified in this section; and for all other development not otherwise identified in this section; the fee shall be based on the development cost as shown in the following table:

Development Cost Fee
$100,000 or less $600
$100,001 to $500,000 $2,000
$500,001 to 1,250,000 $4,000
$1,250,001 to 2,500,000 $8,000
$2,500,001 to 5,000,000 $12,000
$5,000,001 or more $20,000


(9) Two hundred dollars ($200) for immaterial amendments to coastal development permits, and fifty percent (50%) of the permit fee that would currently apply to the permitted development for material amendments to coastal development permits.

(10) Two hundred dollars ($200) for emergency permits. A fee paid for an emergency permit shall be credited toward the fee charged for the follow-up coastal development permit.

(11) Two hundred dollars ($200) for extensions and reconsiderations of coastal development permits for single family dwellings.

(12) Four hundred dollars ($400) for extensions and reconsiderations of all other coastal development permits.

(13) Two hundred dollars ($200) for a "de minimis" waiver of a coastal development permit application pursuant to section 30624.7 of the Coastal Act and for a waiver pursuant to sections 13250(c) and 13253(c) of these regulations.

(14) One hundred dollars ($100) for a second continuance and any subsequent continuance requested by the applicant and approved by the commission. There is no fee charged for the first continuance requested by the applicant.

(15) Five hundred dollars ($500) for temporary events that require a permit, unless the application is scheduled on the administrative calendar, in which case the fee shall be two hundred dollars ($200).

(b) Fees for after-the-fact permits shall be doubled unless such added increases are waived by the Executive Director when it is determined that the permit could be processed by staff without significant additional review time resulting from the processing of the violation.

(c) Where a development consists of land division, each lot shall be considered as one single-family residence for the purpose of calculating the application fee. If an application includes both subdivision and the construction of residences, the fee shall be based upon the construction of the proposed residences with no additional fee for the subdivision. Conversion to condominiums shall be considered a division of the land.

(d) Except as provided in subsection (c) above, if different types of developments are included in one permit application, the fee shall be the sum of the fees that would apply if each development was proposed in a separate application. However, in no case shall the fee for such application exceed twenty thousand dollars ($20,000).

(e) In addition to the above fees, the commission may require the applicant to reimburse it for any additional reasonable expenses incurred in its consideration of the permit application, including the costs of providing public notice.

(f) The executive director shall waive the application fee where requested by resolution of the commission.

(g) The required fee shall be paid in full at the time an application is filed. However, applicants for an administrative permit shall pay an additional fee after filing if the executive director or the commission determines that the application cannot be processed as an administrative permit. The additional fee shall be the amount necessary to increase the total fee paid to the regular fee. The regular fee is the fee determined pursuant to sections (a)(2)-(15), (b)-(f) above. The additional fee shall be paid before the permit application is scheduled for hearing by the commission. If the fee is not paid prior to commission action on the application, the commission shall impose a special condition of approval of the permit. Such special condition shall require payment of the additional fee prior to issuance of the permit.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.


s 13056. Filing.

(a) A permit application shall be submitted on the form issued pursuant to sections 13053.5 and 13053.6, together with all necessary attachments and exhibits, and a filing fee pursuant to section 13055. The executive director shall file the application only after reviewing it and finding it complete. The executive director shall cause to be affixed to all applications for permits:

(1) A date of receipt reflecting the date they are received; and

(2) A date of filing reflecting the date it is filed.

(b) The executive director shall make the filing determination in writing within ten (10) working days, if feasible, but in no event later than thirty (30) calendar days after the date it is received in the offices of the commission during its normal working hours. The executive director shall mail the filing determination to the applicant.

(c) If the executive director finds the application incomplete, he or she shall specify those parts of the application which are incomplete, and describe the specific materials needed to complete the application. Not later than thirty (30) calendar days after receipt of the requested materials, the executive director shall determine whether the submittal of the requested materials is complete and transmit that determination in writing to the applicant.

(d) An applicant may appeal to the commission a determination by the executive director that an application is incomplete. The appeal shall be submitted in writing. The executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable but in no event later than sixty (60) calendar days after receipt of the appeal of the filing determination and shall prepare a written recommendation to the commission on the issues raised by the appeal of the filing determination. The commission may overturn the executive director's determination and/or direct the executive director to prepare a different determination reflecting the commission's decision. Otherwise, the executive director's determination shall stand. The executive director shall issue any such different determination that the commission may direct no later than sixty (60) calendar days after receipt of the appeal of the filing determination.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Sections 65943 and 65952, Government Code.


s 13056.1. Reapplication.

(a) Following a withdrawal of or a final decision upon an application for a coastal development permit, no applicant or successor in interest to an applicant may reapply to the commission for a development permit for substantially the same development for a period of six (6) months from the date of the prior withdrawal or final decision. The executive director shall decide whether an application is for "substantially the same" development as that which was withdrawn or upon which a final determination has been rendered within the filing determination period set forth in section 13056.

(b) If the executive director determines, on a case-by-case basis, that an application is for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the executive director shall reject the application for filing.

(c) If the executive director determines, on a case-by-case basis, that an application is not for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the application shall be treated as a new application.

(d) The applicant or the successor in interest to an applicant may appeal to the commission the determination of the executive director in the manner provided in section 13056. The commission may vote to overturn the determination of the executive director. Otherwise the executive director's determination shall stand.

(e) The commission or the executive director may waive the six-month waiting period provided in this section for good cause.





s 13057. Preparation of Staff Reports.

(a) The executive director shall prepare a written staff report for each application filed pursuant to section 13056, except as provided for in section 13058 (consolidated staff reports), section 13150 (administrative permits) and section 13238.1 (waivers of permit application). The staff report shall include the following:

(1) An adequate description, including legible and reproducible maps, plans, photographs, etc. of the proposed development, project site and vicinity sufficient to determine whether the proposed project complies with all relevant policies of the Coastal Act;

(2) A summary of significant questions of fact;

(3) A summary of the applicable policies of the Coastal Act;

(4) A copy or summary of public comments on the application;

(5) A summary of any issues of the legal adequacy of the application to comply with the requirements of the Coastal Act;

(6) Staff's recommendation, including specific findings, prepared in accordance with subsection (c).

(b) The staff report shall also include as applicable:

(1) A copy or summary of the Environmental Impact Report or Environmental Impact Statement as it relates to the issues of concern to the commission, or if no such report was prepared, any negative declaration or finding of no significant impact;

(2) A discussion of related previous applications;

(c) The staff's recommendation required by subsection (a)(6) above shall contain:

(1) Specific findings, including a statement of facts, analysis, and legal conclusions as to whether the proposed development conforms to the requirements of the Coastal Act including, but not limited to, the requirements of Public Resources Code section 30604.

(2) Specific findings evaluating the conformity of the development with the requirements of section 21080.5(d)(2)(A) of the Public Resources Code.

(3) Responses to significant environmental points raised during the evaluation of the proposed development as required by the California Environmental Quality Act.

(4) A recommendation as to whether the commission should grant the application, with or without conditions, or deny the application.

(5) In the case of a recommendation of approval with conditions, identification of the specific conditions recommended by the executive director and a discussion of why the identified conditions are necessary to ensure that the development will be in accordance with the Coastal Act.

(d) Notwithstanding the requirement of subsection (a)(6) hereof, with respect to any application, the executive director may elect to prepare first a partial staff report that does not contain the recommendation required by subsection (c)(4) and (c)(5) where he or she determines that public comment and commission discussion would facilitate preparation of such recommendation. The executive director shall comply with all other procedures applicable to staff reports including procedures for the distribution of staff reports and for the noticing of hearings.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30604, 30607 and 30620, Public Resources Code.

s 13058. Consolidation of Staff Reports; Consolidation of Public Hearings.

Where two or more applications are legally or factually related, the executive director may prepare a consolidated staff report. Either the commission or the executive director may consolidate a public hearing where such consolidation would facilitate or enhance the commission's ability to review the developments for consistency with the requirements of the Coastal Act. A separate vote shall be taken for each application.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.


s 13059. Distribution of Staff Reports.

The executive director shall distribute the staff report by mail to all members of the commission, to the applicant(s), to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to the proposed development and to all persons who specifically requested it. With respect to all other persons known to have a particular interest in the application, including those specified in section 13054(a), the executive director shall provide notice pursuant to section 13063 or 13015 that the staff report shall be distributed only to those persons who request it. Staff reports shall be distributed within a reasonable time to assure adequate notification prior to the scheduled public hearing. The staff report may either accompany the meeting notice required by section 13015 or may be distributed separately. The commission may require any person who desires copies of staff reports to provide a self-addressed stamped envelope for each desired mailing. The commission may also require that interested persons provide reimbursement for duplicating costs.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code.


s 13060. Written Comments on Applications and Staff Reports.

Written communications regarding applications and staff reports shall be distributed in accordance with the following procedures:

(a) Except as stated in subsection (c) below, the executive director shall distribute to all commission members the text or a summary of all relevant communications which are received prior to the close of the public testimony portion of the public hearing.

(b) Written communications must be received by the executive director in the appropriate district office prior to the day of the hearing or in the hearing room on the day of the public hearing. The executive director does not accept responsibility for the cost or delivery of written communications to the hearing room.

(c) The executive director may summarize communications orally rather than distribute the communications to each commission member if the executive director receives lengthy communications, a sizable number of similar communications, or communications received too late to provide copies to the commission.

(d) Written communications shall be available at the commission office for review by any person during normal working hours.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code.


s 13061. Treatment of Similar Communications.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.


s 13062. Scheduling.

The executive director of the commission shall set each application filed for public hearing no later than the 49th day following the date on which the application is filed. All dates for public hearing shall be set with a view toward allowing adequate public dissemination of the information contained in the application prior to the time of the hearing, and toward allowing public participation and attendance at the hearing while affording applicants expeditious consideration of their permit applications.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.


s 13063. Distribution of Notice.

(a) At least 10 calendar days prior to the date on which the application will be heard by the commission, the executive director shall mail written notice to each applicant, to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to a proposed development, to all persons who have requested it, and to all persons known by the executive director to have a particular interest in the application, including those specified in section 13054(a). The notice shall contain the following elements:

(1) The number assigned to the application;

(2) A description of the development and its proposed location;

(3) The date, time and place at which the application will be heard by the commission;

(4) The general procedure of the commission concerning hearings and action on applications;

(5) The direction to persons wishing to participate in the public hearing that testimony should be related to the regional and statewide issues addressed by the Coastal Act; and

(6) A statement that staff reports will be distributed as set forth in section 13059.

(b) In lieu of providing mailed notice to persons specified in section 13054(a)(1)-(2) as required by subsection (a) above, the executive director may direct the applicant to substitute notice in one or more newspapers of general circulation in the area of the project for the written mailed notice if the executive director determines:

(1) It is reasonable to expect adequate or better notice to interested parties through publication; and

(2) Written notice to individuals would be unreasonably burdensome to the applicant in view of the overall cost and type of project involved.

A statement of reasons supporting the executive director's determination to direct the applicant to substitute newspaper notice shall be placed in the file.

(c) Where a public agency or other person identified in this section receives the notice required by sections 13015-13017, a separate notice is not required pursuant to this section.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code.

s 13064. Conduct of Hearing.

The commission's public hearing on a permit matter shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unnecessary delay. (continued)