Loading (50 kb)...'
(continued)
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13065. Evidence Rules.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order by the chairperson of the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13066. Order of Proceedings.
The commission's public hearing on a permit application shall, unless the chairperson directs otherwise, proceed in the following order:
(a) The executive director shall make a presentation to the commission identifying the application, describing the project, and summarizing the staff recommendation, including the proposed findings, proposed conditions, and written correspondence received prior to the public hearing.
(b) The public testimony portion of the public hearing shall proceed in the following order:
(1) Persons or their representatives desiring to state their views on the application shall have the opportunity to do so as follows:
(A) The applicant;
(B) Other persons supporting the application;
(C) Persons opposing the application;
(D) Other persons.
(2) The chairperson may allow rebuttal testimony by the applicant in accordance with Public Resources Code section 30333.1(a).
(3) The executive director may respond to and comment, as appropriate, on the testimony presented by any previous speaker.
(4) The chairperson may close the public testimony portion of the public hearing when a reasonable opportunity to present all questions and points of view has been allowed.
(c) Questions by commissioners will be in order at any time following any person's presentation.
(d) At the conclusion of the public testimony portion of the public hearing, the executive director may propose to change the staff recommendation or the commission may propose to add, delete, or modify the conditions contained in the staff recommendation. The applicant and the executive director shall have an opportunity to comment briefly and specifically on any proposed change.
(e) The commission shall vote on a permit application in accordance with section 13090.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30333.1, Public Resources Code.
s 13067. Speaker's Presentations.
(a) Speakers' presentations shall be to the point and shall be as brief as possible. The commission may establish reasonable time limits for presentations. The time limits shall be made known to all speakers prior to any hearing. The chairperson may require individuals to consolidate their comments to avoid repetition.
(b) In order for audio, visual or audio-visual materials to be considered by the commission, they must be submitted to staff in the course of review of the application or shown in full at the public hearing. The presentation of these materials shall occur within the time limit allocated to speakers.
(c) The speaker must submit all materials presented at the public hearing to the staff for inclusion in the record of the proceeding. Any speaker who, as part of his or her presentation, exhibits models or other large materials may satisfy this requirement by: (1) submitting accurate reproductions or photographs of the models or other large materials and (2) agreeing in writing to make such materials available to the commission if necessary for any administrative or judicial proceeding.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13068. Other Speakers.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13069. Field Trips -Procedures.
Whenever the commission is to take a field trip to the site of any proposed project, the chairperson shall decide, and the executive director shall provide public notice of the time, location and intended scope of the field trip.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13070. Continued Hearings.
A public hearing on an application may be completed in one commission meeting. However, the commission may vote to continue the hearing to a subsequent meeting. Notice of the subsequent hearing shall be distributed to the persons and in the manner provided for in section 13063.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code.
s 13071. Withdrawal of Application.
(a) At any time before the commission commences calling the roll for a vote on an application, an applicant may withdraw the application.
(b) Withdrawal must be in writing or stated on the record and does not require commission concurrence. Withdrawal shall be permanent except that the applicant may file a new application for the same development subject to the requirements of sections 13056 and 13056.1.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30620, Public Resources Code.
s 13072. Procedures for Amended Application.
(a) If prior to the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the executive director shall prepare a staff report pursuant to section 13057 and the commission shall vote on the amended application only if:
(1) The applicant agrees in writing to extend the final date for public hearing or
(2) The executive director determines that staff does not need additional time to prepare the staff report or provide notice to the public.
(b) If at the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the commission may vote on the amended application at that public hearing if:
(1) Adequate public notice has already been provided and
(2) The proposed amended project was adequately reviewed during the public hearing.
(c) Conditions recommended by the executive director or imposed by previous commission action shall not be considered an amendment to the application.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13073. Applicant's Postponement.
(a) Where an applicant for a coastal development permit determines that he or she is not prepared to respond to the staff recommendation at the meeting for which the vote on the application is scheduled, the applicant shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. The applicant's right to postpone shall be exercised prior to commencement of the public testimony portion of the public hearing.
(b) An applicant's request for postponement, not made as a matter of right pursuant to section 13073(a), shall be granted at the commission's discretion. The executive director shall, to the extent feasible, notify all persons the executive director knows to be interested in the application of the postponement. The commission shall not grant a request for postponement under this subdivision unless it determines that sufficient time remains under applicable deadlines for its action on the application.
(c) Any request for postponement pursuant to subsections (a) or (b) shall be in writing or stated on the record in a commission meeting and shall include a waiver of any applicable time limits for commission action on the application. Where a request for postponement is granted pursuant to subsections (a) or (b), the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of section 13054.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30621, Public Resources Code.
s 13074. Rescheduling.
Where consideration of an application is postponed, the executive director shall, to the extent feasible, schedule further consideration of the application by the commission at a time and location convenient to all persons interested in the application. Notice of the rescheduled hearing shall be distributed to the persons and in the manner provided for in section 13063.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code.
s 13075. Final Staff Recommendation.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30604 and 30625, Public Resources Code.
s 13076. Distribution of Final Staff Recommendation.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13077. Written Response to Staff Recommendation.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13080. Alternatives for Review of Staff Recommendation.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13081. Staff Recommendation Included in Application Summary.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13082. Verbal Staff Recommendation upon Conclusion of Public Hearing.
Note: Authority and reference cited: Sections 30331 and 30333, Public Resources Code.
s 13083. Consideration of Staff Recommendation at a Meeting Subsequent to the Oral Hearing.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13084. Procedures for Presentation of Staff Recommendation and Responses of Interested Parties.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13085. Applicant's Postponement.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13087. Rescheduling.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30006, Public Resources Code.
s 13090. Voting -After Recommendation.
(a) A vote on an application may be taken only at a properly noticed public hearing after the commission has received the staff recommendation identified in section 13057 and obtained public testimony, if any, in accordance with section 13066.
(b) Where the executive director has distributed a staff report containing all of the elements described in section 13057(a), (b) and (c), the commission may vote upon the application after conclusion of the public testimony portion of the public hearing.
(c) Where, in accordance with the provisions of section 13057(d), the executive director has prepared a partial staff report that does not contain the parts of the staff recommendation identified in sections 13057(c)(4) and (5), the commission shall proceed in accordance with one of the following alternative procedures:
(1) If the commission is prepared to vote immediately upon conclusion of the public testimony portion of the public hearing, the executive director shall provide an oral recommendation and summary of proposed findings.
(2) Upon conclusion of the public testimony portion of the public hearing, the commission may put the vote on the application over to a subsequent meeting. Prior to the subsequent meeting the executive director shall prepare a staff report that shall:
(A) contain a staff recommendation as described in section 13057(c) and
(B) respond to:
1. testimony and other evidence presented at the public hearing, and
2. comments on the application by members of the commission. The executive director may also supplement the analysis of the application contained in the preliminary staff report.
(3) At the subsequent meeting, the executive director shall summarize orally the staff recommendation, including the proposed findings and any proposed conditions, in the same manner as provided for staff reports in section 13066. Immediately following the presentation of the staff recommendation, the commission shall obtain public testimony in the manner provided for in section 13066.
(d) Where the commission moves to vote on an application with terms different from those proposed by the applicant in the application or conditions different than those proposed by the staff in the staff recommendation, the applicant, appellant, and the executive director shall have an opportunity to state briefly and specifically their views on the conditions.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315, 30333, 30333.1 and 30622, Public Resources Code.
s 13091. Voting Time and Manner.
Note: Authority and reference cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13092. Effect of Vote Under Various Conditions.
(a) Votes by the commission shall only be on the affirmative question of whether the permit should be granted; i.e., a "yes" vote shall be to grant a permit and a "no" vote to deny. Unless a motion is adopted pursuant to subsection (b), a motion to grant the permit shall be deemed to include the terms proposed in the project description as modified by the applicant at the hearing and the conditions and findings proposed in the staff report as modified by staff at the hearing.
(b) Any commissioner may move to add, delete or modify proposed terms, conditions or findings. Such a motion shall be made in the affirmative.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
s 13093. Straw Votes.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13094. Voting Procedure.
(a) Voting upon permit applications shall be by roll call, with the chairperson being polled last.
(b) Members may vote "yes" or "no" or may abstain from voting, but an abstention shall not be deemed a "yes" vote.
(c) Any member may change his or her vote prior to the tally having been announced by the chairperson, but not thereafter.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
s 13095. Voting by Members Absent from Hearing.
A member or alternate who has been absent from all or part of the hearing may vote on any application provided the member or alternate has familiarized himself or herself with the evidence presented at the hearing on the application and has so declared prior to the vote. In the absence of a challenge raised by an interested party, inadvertent failure to make such a declaration prior to the vote shall not invalidate the vote of a member or alternate.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code.
s 13096. Commission Findings.
(a) All decisions of the commission relating to permit applications shall be accompanied by written conclusions about the consistency of the application with Public Resources Code section 30604 and Public Resources Code section 21000 and following, and findings of fact and reasoning supporting the decision. The findings shall include all elements identified in section 13057(c).
(b) Unless otherwise specified at the time of the vote, an action taken consistent with the staff recommendation shall be deemed to have been taken on the basis of, and to have adopted, the reasons, findings and conclusions set forth in the staff report as modified by staff at the hearing. If the commission action is substantially different than that recommended in the staff report, the prevailing commissioners shall state the basis for their action in sufficient detail to allow staff to prepare a revised staff report with proposed revised findings that reflect the action of the commission. Such report shall contain the names of commissioners entitled to vote pursuant to Public Resources Code section 30315.1.
(c) The commission vote taken on proposed revised findings pursuant to Public Resources Code section 30315.1 shall occur after a public hearing. Notice of such hearing shall be distributed to the persons and in the manner provided for in section 13063. The public hearing shall solely address whether the proposed revised findings reflect the action of the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30006, 30315.1, 30333, 30604 and 30621, Public Resources Code.
s 13100. Consent Calendar.
Permit applications which, as submitted or as recommended to be conditioned, in the opinion of the executive director do not raise significant issues with respect to the purposes and objectives of the Coastal Act, may be scheduled for one public hearing during which all such items will be taken up as a single matter. This procedure shall be known as the Consent Calendar.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13101. Procedures for Consent Calendar.
Unless otherwise provided in this Article, the procedures set forth in Chapter 5 of these regulations pertaining to permit applications, including staff reports, staff recommendations, resolutions, and voting, shall apply to the consent calendar procedure. All included items shall be considered by the commission as if they constituted a single permit application. The public shall have the right to present testimony and evidence concerning any item on the consent calendar.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13102. Removal of Consent Calendar Items to Regular Calendar.
The executive director may include recommended conditions in staff reports for consent calendar items which shall then be deemed approved by the commission if the item is not removed by the commission from the consent calendar. No condition of approval of any consent calendar item may be added, deleted or substantially modified after the staff report has been mailed to the public unless the commission removes the item to the regular calendar or schedules the revised item for a subsequent consent calendar.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30607 and 30621, Public Resources Code.
s 13103. Public Hearings on Consent Calendar.
At the public hearing on the consent calendar items, any person may ask for the removal of any item from the consent calendar and shall briefly state the reasons for so requesting. If any three (3) commissioners request that an item be scheduled for public hearing on the regular permit calendar, the item shall be removed from the consent calendar. If any item is removed from the consent calendar, the public hearing on the item shall be continued until it can be scheduled on the regular permit calendar.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13104. Scope of Article.
The provisions of this article shall govern proceedings for revocation of a coastal development permit previously granted by a regional commission or the commission.
Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Sections 30519 and 30600, Public Resources Code.
s 13105. Grounds for Revocation.
Grounds for revocation of a permit shall be:
(a) Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the commission finds that accurate and complete information would have caused the commission to require additional or different conditions on a permit or deny an application;
(b) Failure to comply with the notice provisions of Section 13054, where the views of the person(s) not notified were not otherwise made known to the commission and could have caused the commission to require additional or different conditions on a permit or deny an application.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
s 13106. Initiation of Proceedings.
Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant's intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in Section 13105 may request revocation of a permit by application to the executive director of the commission specifying, with particularity, the grounds for revocation. The executive director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The executive director may initiate revocation proceedings on his or her own motion when the grounds for revocation have been established pursuant to the provisions of Section 13105.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
s 13107. Suspension of Permit.
Where the executive director determines in accord with Section 13106, that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the commission votes to deny the request for revocation. The executive director shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The executive director shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act of 1976 and subject to the penalties set forth in Public Resources Code, Sections 30820 through 30823.
Note: Authority and reference cited: Section 30333, Public Resources Code.
s 13108. Hearing on Revocation.
(a) At the next regularly scheduled meeting, and after notice to the permittee and any persons the executive director has reason to know would be interested in the permit or revocation, the executive director shall report the request for revocation to the commission with a preliminary recommendation on the merits of the request.
(b) The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal.
(c) The commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the commission wishes the executive director or the Attorney General to perform further investigation.
(d) A permit may be revoked by a majority vote of the members of the commission present if it finds that any of the grounds specified in Section 13105 exist. If the commission finds that the request for revocation was not filed with due diligence, it shall deny the request.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
s 13108.5. Finality of Regional Commission Decision.
Note: Authority cited: Sections 30331 and 30333, Public Resources Code.
s 13109. Reapplication.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
s 13109.1. Scope of Article.
The provisions of this article shall govern proceedings for reconsideration of terms or conditions of a coastal development permit granted or of a denial of a coastal development permit by the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30627, Public Resources Code.
s 13109.2. Initiation of Proceedings.
(a) Any time within thirty (30) days following a final vote upon an application for a coastal development permit, the applicant of record may request the commission to grant reconsideration of the denial of an application for a coastal development permit or of any term or condition of a coastal development permit which has been granted. This request shall be in writing and shall be received by the district office at which the original permit application was filed within thirty (30) days of the final vote.
(b) The executive director shall prepare a staff report with a recommendation on the merits of the request for reconsideration. The staff report shall analyze whether the request satisfies the grounds for reconsideration provided in Public Resources Code section 30627. The staff report shall be distributed to the persons and in the manner provided for in section 13059.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
s 13109.3. Suspension of Appeal.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
s 13109.4. Grounds for Reconsideration.
Grounds for reconsideration of a permit action shall be as provided in Public Resources Code Section 30627.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
s 13109.5. Hearing on Reconsideration.
(a) The executive director shall schedule a hearing on the reconsideration request at the next regularly scheduled meeting or as soon as practicable after the executive director distributes notice of the hearing consistent with the provisions of section 13063. The executive director shall report the request for reconsideration to the commission with a preliminary recommendation on the grounds for reconsideration.
(b) The applicant and all aggrieved parties to the original commission decision shall be afforded a reasonable time to address the merits of the request.
(c) Reconsideration shall be granted by a majority vote of the commissioners present. If reconsideration is granted, the application shall be processed as a new application in accordance with sections 13050-13120 and sections 13156- 13168 of these regulations, as applicable. However, no new fee shall be charged to process the new application.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30621 and 30627, Public Resources Code.
s 13109.6. Finality of Regional Commission Decision.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code.
s 13110. Commission Procedures upon Receipt of Notice of Final Local Action.
Within three (3) working days of receipt of notice of final local decision, the executive director of the Commission shall post a description of the development in a conspicuous location in the Commission office and the appropriate district office. The executive director shall at the same time mail notice of the local action to the members of the Commission. The ten working day appeal period shall be established from the date of receipt of the notice of the final local government action.
Note: Authority cited: Sections 30333 and 30620.6, Public Resources Code. Reference: Sections 30603 and 30620.6, Public Resources Code.
s 13111. Filing of Appeal.
(a) An appeal of a local government's decision on a coastal development permit application (or local government equivalent) may be filed by an applicant or any aggrieved person who exhausted local appeals, or any two (2) members of the Commission. The appeal must contain the following information:
(1) the name and address of the permit applicant and appellant;
(2) the date of the local government action;
(3) a description of the development;
(4) the name of the governing body having jurisdiction over the project area;
(5) the names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
(6) the names and addresses of all other persons known by the appellant to have an interest in the matter on appeal;
(7) the specific grounds for appeal;
(8) a statement of facts on which the appeal is based;
(9) a summary of the significant question raised by the appeal.
The filing of the notice of appeal should also contain information which the local government has specifically requested or required.
(b) The appeal must be received in the Commission district office with jurisdiction over the local government on or before the tenth (10th) working day after receipt of the notice of the permit decision by the executive director.
(c) The appellant shall notify the applicant, any persons known to be interested in the application, and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30620.6, 30625, Public Resources Code.
s 13112. Effect of Appeal.
(a) Upon receipt in the Commission office of a timely appeal by a qualified appellant, the executive director of the Commission shall notify the permit applicant and the affected local government that the operation and effect of the development permit has been stayed pending Commission action on the appeal by the Commission as required by Public Resources Code Section 30623. Upon receipt of a Notice of Appeal the local government shall refrain from issuing a development permit for the proposed development and shall, within five (5) working days, deliver to the executive director all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the Commission fails to receive the documents and materials, the Commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received.
Note: Authority cited: Section 30333, 30620.6, Public Resources Code. Reference: Section 30623, Public Resources Code.
s 13113. Grounds of Appeal.
The grounds of appeal for any development appealable under Public Resources Code Section 30603(a) shall be limited to those specified in Public Resources Code Section 30603(b) and (c).
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603 and 30623, Public Resources Code.
s 13114. De Novo Review.
Where the appellant has exhausted local appeals a de novo review of the project by the Commission shall occur only after the local decision has become final.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30621, Public Resources Code.
s 13115. Substantial Issue Determination.
(a) At the meeting next following the filing of an appeal with the Commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the appeal raises a significant question within the meaning of Section 30625(b).
(b) Unless the Commission finds that the appeal raises no significant question as to conformity with the certified local coastal program or, in the case of a permit application for a development between the sea and the first public road paralleling the sea (or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach) that there is no significant question with regard to the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976, the Commission shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096.
(c) The Commission may ask questions of the applicant, any aggrieved person, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the Commission present shall be required to determine that the Commission will not hear an appeal.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30621, Public Resources Code.
s 13116. Withdrawal of Appeal.
At any time before the Commission commences the roll call for a final vote on an appeal, the appellant may withdraw the appeal. The withdrawal must be in writing or stated on the record and does not require Commission concurrence. If the appellant withdraws the appeal, the action of the local government shall automatically become final unless the appeal period of Public Resources Code Section 30622 has not run.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
s 13117. Qualifications to Testify Before Commission.
Only the applicant, persons who opposed the application before the local government (or their representatives), and the local government shall be qualified to testify at the Commission hearings at any stage of the appeal process. All other persons may submit comments in writing to the Commission or executive director, copies or summaries of which shall be provided to all Commissioners pursuant to Sections 13060-13061.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
s 13118. Evidence.
Evidence before the Commission includes, but is not limited to, the record before the local government. Except in unusual circumstances the record will not include a transcript of the local government proceedings unless provided by a party to the proceedings.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
s 13119. Standard of Review.
The standard of review for any appealable development shall be whether or not the development meets the requirements of Public Resources Code Sections 30604(b) and (c).
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30604, Public Resources Code.
s 13120. Commission Notification of Final Action.
Within ten (10) working days of a final Commission action on appeal from a local government decision, the Commission shall transmit notice of the action taken to the local government, the applicant and the appellant.
Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
(Former Division 18 of the Public Resources Code)
1. Repealer of Subchapter 3 (Sections 13131-13135) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24.
Note: Authority cited: Sections 30331 and 30333, Public Resources Code.
s 13136. Scope of Subchapter.
This Subchapter governs procedures for processing applications for permits to perform work to resolve problems resulting from a situation falling within the definition of "emergency" in Section 13009 and pursuant to the provisions of Public Resources Code Section 30624 for which the Commission has jurisdiction pursuant to Section 30519(b).
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13137. Immediate Action Required.
It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of the Subchapter can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to Public Resources Code, Section 30611, they shall comply with the requirements of Public Resources Code Section 30611 and to the maximum extent feasible, with the provisions of this Subchapter.
s 13138. Method of Application.
Applications in cases of emergencies shall be made to the executive director of the commission by letter or facsimile during business hours if time allows, and by telephone or in person if times does not allow.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13139. Necessary Information.
The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency as required in Public Resources Code Section 30611, shall include the following:
(a) The nature of the emergency;
(b) The cause of the emergency, insofar as this can be established;
(c) The location of the emergency;
(d) The remedial, protective, or preventive work required to deal with the emergency; and
(e) The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.
s 13140. Verification of Emergency.
The executive director of the commission shall verify the facts, including the existence and nature of the emergency, insofar as time allows.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13141. Consultation with Executive Director of the Commission.
Note: Authority cited: Sections 30331 and 30333, Public Resources Code.
s 13142. Criteria for Granting Permit.
The executive director shall provide public notice of the proposed emergency action required by Public Resources Code Section 30624, with the extent and type of notice determined on the basis of the nature of the emergency itself. The executive director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the executive director finds that:
(a) An emergency exists and requires action more quickly than permitted by the procedures for administrative permits, or for ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of the permit;
(b) Public comment on the proposed emergency action has been reviewed if time allows; and
(c) The work proposed would be consistent with the requirements of the California Coastal Act of 1976.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13143. Report to the Commission.
(a) The executive director shall report in writing to the local government having jurisdiction over the project site and to the commission at each meeting the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.
(b) All emergency permits issued after the mailing for the meeting shall be briefly described by the executive director at the meeting and the written report required by subparagraph (a) shall be distributed prior to the next succeeding meeting.
(c) The report of the executive director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the executive director of the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13144. Waiver of Emergency Permit Requirements.
Any person wishing to take an emergency action pursuant to the requirements of Public Resources Code Section 30611 shall notify the executive director of the commission by facsimile or telephone during business hours of the type and location of the emergency action taken within three (3) days of the disaster or the discovery of the danger. Within seven (7) days of taking such action, the person who notified the executive director shall send a written statement of the reasons why the action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next commission meeting following the receipt of the written report, the executive director shall summarize all emergency actions taken and shall report to the commission any emergency action that, in his or her opinion, does not comply with the requirements of Public Resources Code Section 30611 and shall recommend appropriate action. For the purposes of this section, any immediate, temporary actions taken by the California Department of Fish and Game which are required to protect the nesting areas of the California least tern, an endangered species under the California Fish and Game Code, Sections 2050-2055 and Title 14 of the California Code of Regulations, Section 670.5, and the Federal Endangered Species Act of 1973, shall be deemed to be in compliance with Public Resources Code Section 30611.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30611, Public Resources Code.
s 13145. Scope of Subchapter.
This subchapter governs special procedures for processing applications for permits pursuant to the requirements of Public Resources Code Section 30624.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13146. Applicant's Statement.
The permit application form provided for in Section 13053.5 shall allow the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by Public Resources Code, Section 30624.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30624, Public Resources Code.
s 13147. Applications Not Thought to Be Administrative.
If the commission receives an application that is asserted to be for improvements or other development within the criteria established pursuant to Public Resources Code Section 30624 and by this subchapter and if the executive director finds that the application does not qualify as such, he or she shall notify the applicant that a regular permit application is required as provided in Subchapter 1 of this chapter. The executive director, with the concurrence of the applicant, may accept the application for filing as a regular permit pursuant to Section 13056 and shall adjust the application fees accordingly.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13148. Copies of Application.
An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the commission initially in one (1) copy, together with one copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the executive director, be required.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13149. Notice.
The applicant shall post notice at the project site as required by Section 13054(b) and provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any persons known to be interested in the proposed development.
s 13150. Criteria and Content of Permits.
(a) The executive director may approve or modify an application for improvements or other development governed by this subchapter on the same grounds that the commission may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the California Coastal Act of 1976.
(b) Permits issued for such developments shall be governed by the provisions of Sections 13156 and 13158 concerning the format, receipt, and acknowledgment of permits, except that references to "Commission Resolution" shall be deemed to refer to the executive director's determination. A permit issued pursuant to Public Resources Code Section 30624 shall contain a statement that it will not become effective until completion of the commission review of the permit pursuant to Section 13153.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13150.5. Criteria for Single Family Dwellings.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13151. Refusal to Grant -Notice to Applicant.
If the executive director determines not to grant an administrative permit based on a properly filed application under this Subchapter, the executive director shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code.
s 13152. Application to Commission.
In situations described in Sections 13147 and 13151 the applicant may proceed to file an application as provided in Section 13056.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30624, Public Resources Code.
s 13153. Reports on Administrative Permits.
The executive director shall report in writing to the commission at each meeting the permits approved under this Subchapter up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the commission to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the commission and to all those persons wishing to receive such notification at the time of the regular mailing for the meeting. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If 1/3 of the appointed membership of the commission so request, the issuance of an administrative permit governed by Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application under Subchapter 1 of this chapter, subject to the provisions for hearing and appeal set forth in Subchapters 1 and 2 of the chapter.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code.
Note: Authority cited: Sections 30331 and 30333, Public Resources Code.
s 13155. Reference to Regional Commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.
s 13156. Contents of Permits.
Permits shall be issued in a form signed by the executive director, and shall include:
(a) A statement setting out the reasons for the commission approval of the permit;
(b) Any other language or drawings, in full or incorporated by reference, that are consistent with the decision, and required to clarify or facilitate carrying out the intent of the commission;
(c) Any conditions approved by the commission;
(d) Such standard provisions as shall have been approved by resolution of the commission;
(e) A statement that the permit runs with the land and binds all future owners of the property;
(f) A statement that the permit shall not become effective until the commission receipt of acknowledgment as provided in Section 13158;
(g) The time for commencement of the approved development except that where the commission on original hearing or on appeal has not imposed any specific time for commencement of development pursuant to a permit, the time for commencement shall be two years from the date of the commission vote upon the application. Each permit shall contain a statement that any request for an extension of the time of commencement must be applied for prior to expiration of the permit.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600, Public Resources Code.
s 13158. Notice of Receipt and Acknowledgment.
(a) Development shall not commence until an approved permit becomes effective.
(b) No approved permit shall become effective until a copy of the permit has been returned to the commission, upon which copy all permittees or agent(s) authorized pursuant to section 13053(c) have acknowledged that they have received a copy of the permit and have accepted its contents.
(c) Each permit approved by the commission shall be issued to the applicant with a blank acknowledgment to be signed by each permittee.
(d) The acknowledgment should be returned within ten (10) working days following issuance of the permit. (continued)