Loading (50 kb)...'
(continued)
s 13256.1. Staff Review.
(a) Within five (5) days of receipt of a request for a boundary adjustment, the executive director of the commission shall make a preliminary review of the request. If the request does not conform to the provisions of Section 13255.1 or if the proposed adjustment patently fails to conform to the requirements of Public Resources Code Section 30103(b), the executive director of the commission shall reject the request and shall notify the person requesting the adjustment of his or her determination.
(b) Following the preliminary review the executive director of the commission shall further review the requested boundary adjustment and shall investigate:
(1) whether there are alternative adjustments to the boundary either seaward or landward which would be consistent with the provisions of Public Resources Code Section 30103(b) and which would result in a more readily identifiable location for the coastal zone boundary;
(2) whether there are coastal resources on the affected lot or parcel which would be affected by a change in the boundary;
(3) whether an adjustment to the boundary would affect coastal resources on other lands;
(4) whether an adjustment to the boundary would affect opportunities for public access to or along the coast;
(5) whether an adjustment to the boundary would affect the ability of local government to prepare a local coastal program in conformance with the goals, objectives and policies of the Coastal Act of 1976.
In conducting the investigation of the proposed boundary adjustment the executive director of the commission shall consult with the affected local governments.
(c) The executive director of the commission shall prepare and distribute a written staff recommendation regarding the requested boundary adjustment in a manner similar to the manner for preparation and distribution of staff recommendations on permit matters.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13256.2. Commission Action on Boundary Adjustment.
Within 49 days of the filing of a request for a boundary adjustment the Commission shall conduct the public hearing and take action in substantially the same manner as provided in Sections 13057-13096. The Commission shall adopt a resolution regarding the request for an adjustment to the coastal zone boundary. The resolution shall be accompanied by specific factual findings to support the following legal conclusions:
(a) The adjustment conforms to the requirements of Section 30103(b) of the Coastal Act; and
(b) The adjustment will not interfere with the achievement of the policies of Chapter 3 of the Coastal Act; and will not prejudice the preparation of a local coastal program conforming to Chapter 3 of the Coastal Act.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code.
s 13257.0. Commission Action upon Receipt of Regional Commission Recommendation.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code.
s 13257.1. State Commission Action Without De Novo Public Hearing.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13257.2. State Commission Action with a De Novo Public Hearing.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13257.3. Qualifications to Testify Before the Commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13257.4. Evidence.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13257.5. Adoption by State Commission.
Upon commission approval of adjustment to the coastal zone boundary, the executive director of the commission shall record the adjustment on the official jurisdiction maps and file them with the appropriate county clerk within thirty (30) days of the commission action.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13258. Withdrawal of Boundary Adjustment Request.
At any time before the commission commences the roll call for afinal vote on the boundary adjustment request, the person requesting the boundary adjustment may withdraw the request. The withdrawal must be in writing or stated on the record and does not require commission concurrence.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13259. Reapplication.
Following a final decision upon a request for a coastal zone boundary determination, no person previously requesting a boundary adjustment may resubmit to the commission a request for a boundary adjustment for the same parcel for a period of six months from the date of the previous final decision. The six-month waiting period provided in this section may be waived by the commission for good cause.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.
s 13300. Applicability of Chapter to Developments Within the Coastal Zone.
This chapter shall govern the issuance by local governments of coastal development permits pursuant to Public Resources Code Section 30600(b) and shall be applicable to any person wishing to perform or undertake any development in the coastal zone except for the following:
(a) Any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled.
(b) Any development by a public agency for which a local government permit is not otherwise required.
(c) Any development subject to the provision of Section 30608, 30610, 30610.5, 30611 and 30624 of the Public Resources Code.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600(b) and 30601, Public Resources Code.
s 13301. Coastal Development.
(a) Following the implementation of a coastal development permit program by a local government as provided in Section 13307, any person wishing to perform a development within the affected jurisdiction except as specified in Section 13300 shall obtain a coastal development permit from the local government. If the development is one specified in Public Resources Code 30601, a permit must also be obtained from the commission in addition to the permit otherwise required from the local government; in such instances, an application shall not be made to the commission until a coastal development permit has been obtained from the appropriate local government.
(b) Where any proposed activity involves more than one action constituting a development under Public Resources Code, Section 30106, the sum of such actions may be incorporated into one coastal development permit application and into one coastal development permit for purposes of notification requirements of Section 13315; provided, however, that no individual development activity may be commenced or initiated in any way until the overall development has been reviewed pursuant to the provisions of Sections 13315-13325.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30601, Public Resources Code.
s 13302. Coastal Development Permit Program Content.
In order to meet the requirements of the California Coastal Act including Public Resources Code, Sections 30602(a), 30604, 30620 and 30620.5 a local government coastal development permit program shall include, but not be limited to, the following:
(a) Application forms that require, as a minimum, the same information required on the application forms adopted by the commission pursuant to Public Resources Code, Section 30620(a)(1).
(b) Designation of a discretionary body or bodies which will review applications for and issue coastal development permits pursuant to the requirements of Public Resources Code, Section 30604, 30620.5(a) and 30625(c).
(c) Procedures which incorporate in the permit review process the interpretive guidelines issued by the commission pursuant to Public Resources Code, Section 30620(a)(3).
(d) Procedures for providing notice to the public, including all persons who request notice of pending permit applications and of rights of appeal within the local government and to the commission at a minimum equivalent to the notice required by Sections 13054 and 13063.
(e) Procedures which specify;
(1) The method by which interested persons may communicate concerns to the designated discretionary body or bodies which will issue coastal development permits.
(2) The designation of a chain of permit appeals, if any, within the local government.
(3) The point in the local review process at which a coastal development permit is deemed issued.
(f) Procedures for notification to the commission and any person who in writing has requested such information of any coastal development which has been issued and of any coastal development permit which has been denied.
(g) The content of the notice to the commission and other interested persons shall include, but not be limited to, 1) a copy of the permit application and any subsequent modifications thereto, 2) a summary of the action taken by the local government including written findings and 3) a verbatim copy of any conditions attached to the local government permit approval and of the findings made at the time of the approval. The executive director of the commission may modify the reporting requirements to eliminate technical matters that are not relevant to the requirements of the California Coastal Act of 1976.
(h) Provisions for specific language that will be set forth in each coastal development permit making the permit effective only upon the expiration of the 20 working days from the time of the receipt of the notice by the executive director of the commission unless a valid appeal is filed within that time pursuant to Public Resources Code, Section 30602(a).
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620, 30620.5 and 30625, Public Resources Code.
s 13303. Alternative Procedures for Implementation of a Local Government Coastal Development Permit Program.
Consistent with the requirements of Section 13302, a local government may incorporate the coastal development permit review into any existing local permit procedure which provides for reviewing public comment, the taking of evidence and the adoption of findings on all permits at a duly noticed public hearing or it may establish a separate coastal development permit application review procedure. A local government wishing to establish a local government coastal development permit program shall meet the requirements of the California Coastal Act of 1976 either by submitting its proposed program pursuant to Section 13304 or by adopting an ordinance prepared by the commission.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
s 13304. Notice of Intent Alternative.
At least 30 days prior to the final adoption of a coastal development permit program a local government shall file a notice of intent with the commission. The notice of intent shall state the intent of the local government to adopt a coastal development permit program. Within 10 working days of receiving a notice of intent, the executive director of the commission shall prepare and distribute to the commission, to the local government and to any person known or thought to be interested an analysis of the local government's coastal development permit program. The analysis shall specify any provisions or omissions in the program which in the opinion of the executive director cause such program to be inconsistent with the requirements of the California Coastal Act or of Section 13302. The report may include recommended modifications of the program to cure the legal defects. The executive director shall make every effort to consult with the local government and suggest modifications to the coastal development permit program in order to resolve any areas of disagreement between the local government and the executive director prior to the commission's next regularly scheduled meeting. After giving notice in the manner prescribed in Section 13059, the commission shall review the executive director's report at its next regularly scheduled meeting and shall, following a public hearing on the report, adopt a resolution setting forth modifications, if any, in the local government coastal development permit program that it determines to be necessary to make such program consistent with the requirements of the California Coastal Act and Section 13302.
Following 30 days after filing with the commission a notice of intent the local government may adopt a coastal development permit program for the entire area of its jurisdiction within the coastal zone. If a coastal development permit program is adopted, the local government shall by resolution pursuant to Public Resources Code, Section 30620.5(b) notify the commission and all contiguous local governments within the coastal zone and shall publish the resolution in the same manner as it would publish a notice of a proposed general plan amendment; provided, however, that such notice shall also be published in the newspaper with the widest circulation in the portion of the local government jurisdiction lying within the coastal zone. The notification to the commission shall include a specific statement as to whether or not any modifications determined by the commission to be necessary pursuant to this Section have been incorporated in the coastal development permit program.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620 and 30620.5, Public Resources Code.
s 13305. Local Government Ordinance Alternative.
s 13306. Coastal Development Fees.
Following certification of the local government's coastal development permit system, the local government may require fees from development applicants not exceeding those set forth in Section 13055 except for costs incurred above the fee schedule in complying with the requirements of these regulations and of the California Environmental Quality Act.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620, Public Resources Code.
s 13307. Map of Areas Where Coastal Commission Permit Is Required.
Within 30 days of the receipt of a notice transmitted pursuant to Public Resources Code, Section 30620.5(b), the executive director of the commission shall publish a map of the coastal zone of the affected jurisdiction that delineates the areas where coastal commission permit applications will also be required pursuant to Public Resources Code, Section 30601(1) and (2).
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601 and 30620.5, Public Resources Code.
s 13311. Issuance of a Coastal Development Permit.
A coastal development permit shall be deemed issued (a) when final review has occurred, (b) when, if applicable, all local rights of appeal have been exhausted and (c) when findings have been made that the interpretive guidelines have been reviewed and that the proposed development conforms with the requirements of Public Resources Code, Section 30604(a) and with any applicable decision set by the commission pursuant to Public Resources, Section 30625(c). If the development is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, the local government shall also make the specific findings required by Public Resources Code, Section 30604(c).
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604, 30620.5 and 30625, Public Resources Code.
s 13313. Finality of Local Action.
The permit issued by the local government shall become final unless a valid appeal is filed with the commission of the notice specified in Public Resources Code 30620.5(c) or unless the permit application is subject to the requirements of Public Resources Code, Section 30601. Each local coastal development permit shall contain a statement that the permit shall not become effective until 20 working days have elapsed without an appeal to the commission following the proper receipt by the executive director of the commission of the notice of permit issuance pursuant to Section 13316. Permits subject to the requirements of Public Resources Code, Section 30601, shall also contain a statement that the permit shall not become effective until the requirements of Public Resources Code, Section 30601 have been fulfilled.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601, 30602, 30620 and 30620.5, Public Resources Code.
s 13315. Notice by Local Government.
Within five (5) working days of the issuance of a permit in conformity with Section 13311 the local government shall provide notification of such issuance on a form prescribed by the commission to the office of the commission and any persons who in writing requested such notice. Unless the local government provides such notification to the commission, the permit issued by the local government shall be of no force and effect.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30620.5, Public Resources Code.
s 13316. Receipt by Executive Director.
The executive director of the commission shall not be deemed to have received the notice of permit issuance from the local government unless the notice form is completed and the permit on its face includes the findings required by Section 13311 and the project description set forth in the application for which the permit has been issued. If the executive director determines that the notice cannot be received, it shall be returned to the local government within five (5) working days of its submission for completion and appropriate adjustment of the 20 working day effective period statement required by Section 13313. A properly completed notice shall be received by the executive director of the commission and stamped with the date of receipt.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604 and 30620.5, Public Resources Code.
s 13317. Notice by Executive Director.
(a) Within 5 working days of receipt of the notice of permit issuance, the executive director of the commission shall post a description of the development, on a form prescribed by the executive director of the commission, at a conspicuous location in the office of the commission.
(b) Within 7 working days of receipt of the notice of permit issuance, the executive director of the commission shall forward to all known interested persons, to the members of the commission, a description of the development, on a form prescribed by the executive director of the commission, in a manner reasonably calculated to allow time for review of the development and filing of appeals.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620.5 and 30625, Public Resources Code.
s 13318. Filing of Appeal from the Issuance of a Coastal Development Permit.
An appeal of a local government's issuance of a coastal development permit may be filed by any person qualified under Public Resources Code Section 30602. The appeal must contain substantially the information required by Section 13111, must be received in the commission office before or on the 20th working day after receipt of the notice of permit issuance by the executive director of the commission and must comply with the requirements of Section 13119.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620.5 and 30625, Public Resources Code.
s 13319. Filing of Appeal from the Denial of a Coastal Development Permit.
Where a local government approves a development on the basis of local land use regulations but denies the issuance of a coastal development permit because it cannot make the findings required by Section 13311, the applicant may appeal such denial of the coastal development permit in the manner provided in Section 13318. In addition, such appeal shall be valid only if the local government approvals fulfill the preliminary local approval requirements of Sections 13052 or 13053. An appeal from a local government denial on the basis of local land use regulations shall not be valid.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604 and 30625, Public Resources Code.
s 13320. Effect of Appeal to the Commission.
Upon receipt in the commission office of a timely valid 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 coastal development permit has been stayed pending final action on the appeal by the commission as required by Section 30623 of the Public Resources Code. Within five (5) working days of the receipt of a notice of appeal from the commission, the affected local government shall deliver to the executive director of the commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30623, Public Resources Code.
s 13321. Commission Consideration of Appeal.
Unless the commission finds that the appeal raises no substantial issue in accordance with the requirements of Public Resources Code Section 30625(b), and Section 13115(a) and (c) of these regulations, the commission shall conduct a de novo consideration of the application in accordance with the procedures set forth in Sections 13114 and 13057-13096 of these regulations.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30621 and 30625, Public Resources Code.
s 13323. Appeal to Commission.
s 13325. Notification of Commission Action to Local Government.
Following a final action by the commission on an appeal from a local government issuance of a development permit, the commission shall notify the local government of the action taken. Such notification shall ordinarily be transmitted within ten (10) working days of final action by the commission.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30602, Public Resources Code.
s 13327. Litigation Involving Local Government Coastal Permit.
s 13328. Scope of the Article.
This article governs special procedures for processing applications for permits by a local government pursuant to the requirements of Public Resources Code Section 30624 where the coastal development permit authority has been delegated to a local government pursuant to Public Resources Code Section 30600.5. prior to the certification of its local coastal program. It shall apply to the issuance of administrative permits by an appropriate local official so designated by resolution of the governing body of a local government that has been delegated coastal development permit authority.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13328.1. Applicant's Statement.
The local government shall provide the applicant with a permit application form that allows 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. The permit application form must contain:
(a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project conforms to the provisions of Public Resources Code Section 30624 and complies withall relevant policies of the local government's certified land use plan portion of its local coastal program, 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 local government 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 Public Resources Code Section 21068 (California Environmental Quality Act) and Title 15 California Administrative Code Section 15002(g).
(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 matters concerning the application.
(d) Any information by the local government or designated local official determines is necessary to adequately determine whether the development is consistent with the certified land use plan.
(e) 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: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13328.2. Applications That May Qualify for an Administrative Permit.
(a) The designated local official may process as an administrative permit an application for work that conforms to the criteria set forth in Public Resources Code Section 30624, if the proposed work is, in the opinion of the designated local official, de minimis with respect to the policies and objectives of the local government's certified land use plan portion of its local coastal program.
(b) If an application for an administrative permit is filed but the designated local official finds that the application does not meet the criteria of Public Resources Code Section 30624, he or she shall notify the applicant that a regular permit application is required pursuant to the provisions of Public Resources Code Section 30600.5.
(c) The designated local official shall not issue an administrative permit for any development that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 which require that a coastal development permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5.
(d) Any application for a development deemed a principal permitted use within the meaning of PRC Section 30624, may be issued as an administrative permit under this Article only if the development is specifically categorized as the principal permitted use in the certified land use plan or applicable zoning ordinances unless specifically set forth in PRC Section 30624.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13328.3. Copies of Application.
An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the local government by the applicant 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 designated local official, be required.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13328.4. Notice.
At the time the application is submitted for filing, the applicant must post, at a conspicuous place on the site, notice that an application for a permit for the proposed development has been submitted to the local government. Such notice shall contain a general description of the nature of the proposed development and shall be in a form easily read by the public. The local government shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting, the designated local official shall refuse to file the application, or shall withdraw the application from filing if it has already been filed, when he or she learns of such failure.
The applicant shall provide any additional notice to the public that the designated local official deems necessary. The appropriate local official shall also notify any persons known to be interested in the proposed development.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13328.5. Criteria and Content of Permits.
(a) The designated local official may approve or modify an application for improvements or other development governed by this article on the same grounds that the local government may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the local government's certified land use plan portion of its local coastal program.
(b) Permits issued for such developments shall be governed by the standards used in approving coastal development permits pursuant to Public Resources Code Section 30600.5 and implementing procedures adopted thereto.
(c) A permit issued pursuant to Public Resources Code Section 30624 and this article shall contain a statement that it will not become effective until the governing body of the local government has had an opportunity to review the matter at its first scheduled meeting after that permit has been issued by the appropriate local official.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13328.6. Refusal to Grant -Notice to Applicant.
(a) If the designated local official determines not to grant an administrative permit based on a properly filed application under this article, the designated local official shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination.
(b) If the designated local official makes the determination specified under (a), the applicant may proceed to file an application for a regular permit pursuant to the provisions of Public Resources Code Section 30600.5.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13328.7. Reports on Administrative Permits.
The designated local official shall report in writing to the governing body of the local government at each meeting the permits that are approved under this article up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the governing body 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 governing body and to all those persons who have in writing stated they wish 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 membership of the governing body of the local government so request, the issuance of an administrative permit governed by the 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 governed by Public Resources Code Section 30600.5.
Note: Authority cited: Sections 30333 and 30624. Reference: Sections 30600.5, and 30624, Public Resources Code.
s 13328.8. Appeal of Administrative Permit.
(a) Any person, the executive director of the California Coastal Commission, or any two members of the California Coastal Commission may appeal the decision to approve or deny an administrative permit to the commission. An administrative permit may not be issued until the expiration of the twenty (20) day appeal period. The twenty (20) working day period for appeal shall run from the date of the receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal.
(b) Processing of an appeal shall be governed by the provisions of Public Resources Code Section 30600.5 and California Administrative Code Sections 13330-13343, and shall be scheduled, heard and processed as priority items where time limits permit.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code.
s 13328.9. Amendments to Administrative Permits.
(a) Amendments to administrative permits may be approved by the designated local official upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for in this article in the original issuance of such administrative permits.
(b) If any amendment would, in the opinion of the appropriate local official, increase the cost of the proposed development to an amount that exceeds that specified in PRC Section 30624, the applicant shall thereafter be treated in the manner prescribed by the local governments implementing procedures adopted pursuant to PRC Section 30600.5 dealing with amendments to permits other than administrative permits.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13329. Definition of Emergency.
"Emergency," as used in Public Resources Code Section 30624, and in this article, 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: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13329.1. Applications.
(a) Applications in case of emergency shall be made by letter to the appropriate local official designated by the local government or in person or by telephone, if time does not allow.
(b) The following information should be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(4) The remedial, protective, or preventive work required to deal with the emergency; and
(5) The circumstance during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13329.2. Verification of Emergency.
The appropriate local official shall verify the facts, including the existence and the nature of the emergency, insofar as time allows.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13329.3. Criteria for Granting Permit.
(a) The designated local official shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency.
(b) The designated local official 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 local official finds that:
(1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits administered pursuant to the provisions of Public Resources Code, Section 30600.5 and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit.
(2) Public comment on the proposed emergency action has been reviewed, if time allows; and
(3) The work proposed would be consistent with the requirements of the certified land use plan portion of the local government's local coastal program.
(c) The designated local official shall not issue an emergency permit for any work that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 since a coastal development permit appli cation must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13329.4. Report to the Governing Body of the Local Government and to the Coastal Commission.
(a) The designated local official shall report, in writing, to the commission and to the governing body of the local government, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.
(b) The report of the designated local official shall be informational only; the decision to issue an emergency permit is solely at the discretion of the designated local official subject to the provisions of this article.
Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code.
s 13330. Scope.
The procedures of this subchapter shall apply to appeals to the California Coastal Commission where the coastal development permit authority has been delegated to a local government prior to certification of its local coastal program pursuant to Public Resources Code Sections 30520, 30600.5 and 30624. The procedures shall not apply to coastal developments specified in PRC Sections 30519(b) and 30601 or with respect to any development proposed by any state agency where, pursuant to PRC Section 30600.5(b), direct application must be made to the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30520, 30600.5 and 30624, Public Resources Code.
s 13331. Notice of Final Local Action.
Within five (5) working days of the approval or denial of a coastal development permit, or within five (5) working days of its failure to act within any specified time limits contained in PRC Sections 30621 and Government Code Sections 65950-65957.1, a local government shall notify the commission and any person requesting such notification in writing of the final local action.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30620.5, Public Resources Code.
s 13332. Commission Procedures upon Receipt of Notice of Final Local Action.
Within five (5) working days of receipt of notice of final local action, the executive director of the commission shall post a description of the coastal development permit action by the local government in a conspicuous location in the commission's district office having jurisdiction of the development. At the same time, the executive director shall mail notice of the local action to members of the commission. The twenty (20) working day appeal period shall be established from the date of receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal including project description, conditions of approval, written findings and the procedures for appeal. If the executive director determines that the notice is insufficient, he shall notify the local government within five (5) working days and a sufficient notice shall be resubmitted in order to begin the twenty (20) working day appeal period.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30602 and 30620.5, Public Resources Code.
s 13333. Filing an Appeal.
(a) Any final action by the local government may be appealed by any person, the executive director of the commission or any two (2) members of the commission. The appeal must contain the information contained in Section 13111(a).
(b) The appeal must be received in the appropriate district office on or before the twentieth (20th) working day after receipt of the notice of the final local government action.
(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: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code.
s 13334. Effect of Appeal.
The effect of the receipt of an appeal to the commission shall be as specified in Section 13112.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13335. Grounds of Appeal.
The grounds of any appeal filed pursuant to this subchapter shall be that the proposed development is not in conformity with the certified land use plan portion of the local coastal program.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13336. 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: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13337. Substantial Issue Determination.
(a) At the next practicable meeting 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 local government action raises a substantial issue within the meaning of PRC Section 30600.5(b).
(b) Unless the commission finds that the appeal raises no substantial issue as to conformity with the certified land use plan, it shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096; except that the commission findings and final staff recommendation shall include a statement of facts and legal conclusions as to whether the proposed development conforms to the local government's certified land use plan.
(c) The commission may ask questions of the applicant, the appellant, any person who participated in the local government action, 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 not to hear an appeal.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code.
s 13338. Withdrawal of Appeal.
Appeals may be withdrawn as provided for in Section 13116.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
s 13339. Remand to Local Government.
At any time prior to the final vote of the commission on an appeal, the commission, after consulting the applicant, may order the application returned to the appropriate local government for further proceedings.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
s 13340. Qualifications to Testify Before Commission.
Only the applicant, appellant, persons who participated in the application before the local government (or their representatives), and the local government, shall be qualified to testify at the commission hearing 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: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
s 13341. Evidence.
Evidence before the Commission shall be as provided for in Section 13118.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code.
s 13342. Standard of Review.
The standard of review shall be whether the proposed development is in conformity with the certified land use plan portion of the local coastal program and PRC Section 30604(c).
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code.
s 13343. Commission Notification of Final Action.
Within five (5) working days of a final commission action on an appeal from a local government decision, the commission shall transmit notice of the action taken to the local government, the applicant, the appellant and parties who testified or orally before or in writing to the commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code.
s 13350. Scope of Subchapter.
This subchapter shall govern Commission review of plans for public works plans pursuant to Public Resources Code Sections 30515 and 30605 to 30607.1.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30515 and 30605, Public Resources Code.
s 13351. Applicability of Subchapter.
This subchapter shall apply to plans for public works activity as defined in Public Resources Code Section 30114.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
s 13352. Waiver of Preliminary Approvals.
The executive director may waive the requirements of Section 13052 for preliminary approval by federal, state or local government agencies for plans submitted pursuant to this subchapter; provided however that any plan submitted pursuant to this subchapter shall contain the information required pursuant to Section 13353.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code.
s 13353. Information Requirements.
Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine consistency with the policies of Chapter 3 of the Coastal Act of 1976, including, but not limited to the following where applicable:
(1) the specific type of activity or activities proposed to be undertaken;
(2) the maximum and minimum intensity of activity or activities proposed to be undertaken (e.g., maximum number of recreational vehicle campsites, maximum treatment capacity for a sewage treatment plant, maximum traffic capacity of a road);
(3) maximum size of facilities proposed to be constructed pursuant to the plan (e.g., size of a treatment outfall, number of lanes of a road) and the proposed timetable for precise definition of all projects included in the plan and any phasing of development activity contemplated;
(4) the service area for the proposed activity or activities;
(5) the proposed method of financing the activity or activities including any direct or indirect means of obtaining or guaranteeing funds through the assessment or any other form of levy against lands located within the coastal zone and an estimate of the projected amount of revenues to be obtained from land or water areas located in the coastal zone over the useful life of the proposed development; (continued)