Section § 30620

Explanation

This law outlines the procedures the California coastal commission must establish for processing coastal development permits and claims of exemption. By 1977, they were to create interim procedures for applications, notifications, and guidelines for interpreting the law. Permanent procedures were to be adopted by May 1977, with the potential for updates after public hearings. Additionally, the commission may charge filing fees, with the collected fees deposited into a specific fund, although there is an option to waive fees for certain nonprofit projects. Appeals against local government actions must be screened, and patently frivolous ones require a fee unless found to have merit later, in which case the fee is refunded.

(a)CA Public Resources Code § 30620(a) By January 30, 1977, the commission shall, consistent with this chapter, prepare interim procedures for the submission, review, and appeal of coastal development permit applications and of claims of exemption. These procedures shall include, but are not limited to, all of the following:
(1)CA Public Resources Code § 30620(a)(1) Application and appeal forms.
(2)CA Public Resources Code § 30620(a)(2) Reasonable provisions for notification to the commission and other interested persons of an action taken by a local government pursuant to this chapter, in sufficient detail to ensure that a preliminary review of that action for conformity with this chapter can be made.
(3)CA Public Resources Code § 30620(a)(3) Interpretive guidelines designed to assist local governments, the commission, and persons subject to this chapter in determining how the policies of this division shall be applied in the coastal zone before the certification, and through the preparation and amendment, of local coastal programs. However, the guidelines shall not supersede, enlarge, or diminish the powers or authority of the commission or any other public agency.
(b)CA Public Resources Code § 30620(b) No later than May 1, 1977, the commission shall, after public hearing, adopt permanent procedures that include the components specified in subdivision (a) and shall transmit a copy of those procedures to each local government within the coastal zone and make them readily available to the public. After May 1, 1977, the commission may, from time to time, and, except in cases of emergency, after public hearing, modify or adopt additional procedures or guidelines that the commission determines to be necessary to better carry out the purposes of this division.
(c)Copy CA Public Resources Code § 30620(c)
(1)Copy CA Public Resources Code § 30620(c)(1) The commission may require a reasonable filing fee and the reimbursement of expenses for the processing by the commission of an application for a coastal development permit under this division and, except for local coastal program submittals, for any other filing, including, but not limited to, a request for revocation, categorical exclusion, or boundary adjustment, that is submitted for review by the commission.
(2)CA Public Resources Code § 30620(c)(2) A coastal development permit fee that is collected by the commission under paragraph (1) shall be deposited in the Coastal Act Services Fund established pursuant to Section 30620.1. This paragraph does not authorize an increase in fees or create any new authority on the part of the commission.
(3)CA Public Resources Code § 30620(c)(3) The commission may waive the filing fee for an application for a coastal development permit required under this division. When considering a request for a waiver of a filing fee pursuant to this paragraph, the commission shall give extra consideration to a private nonprofit organization that qualifies for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code if the permit is required for a habitat restoration project or a project to provide public access to coastal resources.
(d)CA Public Resources Code § 30620(d) With respect to an appeal of an action taken by a local government pursuant to Section 30602 or 30603, the executive director shall, within five working days of receipt of an appeal from a person other than a member of the commission or a public agency, determine whether the appeal is patently frivolous. If the executive director determines that an appeal is patently frivolous, the appeal shall not be filed unless a filing fee in the amount of three hundred dollars ($300) is deposited with the commission within five working days of the receipt of the executive director’s determination. If the commission subsequently finds that the appeal raises a substantial issue, the filing fee shall be refunded.

Section § 30620.1

Explanation

This law establishes the Coastal Act Services Fund in California's State Treasury, managed by the Coastal Commission. The money in this fund can be used to enforce the California Coastal Act and assist various parties involved in its implementation, following approval in the state budget.

Each year, $500,000 (adjusted for inflation) is transferred from this fund to the Coastal Access Account to support public access to coastal areas.

(a)CA Public Resources Code § 30620.1(a) The Coastal Act Services Fund is hereby created in the State Treasury, to be administered by the commission. The moneys in the fund, upon appropriation by the Legislature in the annual Budget Act, shall be expended by the commission in accordance with this chapter to enforce the California Coastal Act and to provide services to local government, permit applicants, public agencies, and the public participating in the implementation of this division.
(b)CA Public Resources Code § 30620.1(b) Five hundred thousand dollars ($500,000), adjusted annually by the application of the California Consumer Price Index for Urban Consumers as determined by the Department of Industrial Relations pursuant to Section 2212 of the Revenue and Taxation Code, shall be transferred annually from the Coastal Act Services Fund to the Coastal Access Account established pursuant to Section 30620.2.

Section § 30620.2

Explanation

The Coastal Access Account is a special fund created to support projects that improve public access to California's shoreline. This money can be used for grants to public agencies and nonprofit organizations to develop, maintain, and operate facilities that help people access the coast. If any grant money isn't used for these purposes, it goes back into the account.

The Coastal Access Account is hereby created in the State Coastal Conservancy Fund. The money in the account shall be available, upon appropriation by the Legislature in the annual Budget Act, to the State Coastal Conservancy for grants to public agencies and private nonprofit entities or organizations for the development, maintenance, and operation of new or existing facilities that provide public access to the shoreline of the sea, as defined in Section 30115. Any grant funds that are not expended for those purposes shall revert to the account.

Section § 30620.5

Explanation

This law lets local governments in coastal areas of California issue their own coastal development permits if they choose. They must notify the commission that oversees coastal matters, set up procedures that align with state guidelines, and ensure the public is informed about these actions. When a permit is issued, the local government must quickly notify both the commission and anyone who has requested updates about such permits. The commission's executive director will then post details about each permit at the commission office and notify commission members about the permit.

(a)CA Public Resources Code § 30620.5(a) A local government may exercise the option provided in subdivision (b) of Section 30600, if it does so for the entire area of its jurisdiction within the coastal zone and after it establishes procedures for the issuance of coastal development permits. Such procedures shall incorporate, where applicable, the interpretive guidelines issued by the commission pursuant to Section 30620.
(b)CA Public Resources Code § 30620.5(b) If a local government elects to exercise the option provided in subdivision (b) of Section 30600, the local government shall, by resolution adopted by the governing body of such local government, notify the commission and shall take appropriate steps to assure that the public is properly notified of such action. The provisions of subdivision (b) of Section 30600 shall take effect and shall be exercised by the local government on the 10th working day after the date on which the resolution required by this subdivision is adopted.
(c)CA Public Resources Code § 30620.5(c) Every local government exercising the option provided in subdivision (b) of Section 30600 or acting on coastal development permits prior to certification of its local coastal program pursuant to Sections 30520, 30600.5, and 30624, shall within five working days notify the commission and any person who, in writing, has requested such notification, in the manner prescribed by the commission pursuant to Section 30600.5 or 30620, of any coastal development permit it issues.
(d)CA Public Resources Code § 30620.5(d) Within five working days of receipt of the notice required by subdivision (c), the executive director of the commission shall post, at a conspicuous location in the commission’s office, a description of the coastal development permit issued by the local government. Within 15 working days of receipt of such notice, the executive director shall, in the manner prescribed by the commission pursuant to subdivision (a) of Section 30620, provide notice of the locally issued coastal development permit to members of the commission.

Section § 30620.6

Explanation
By August 1, 1978, the commission must create a process for publicly noticing and appealing certain development project decisions. These procedures should involve a public hearing and be accessible to both local governments in the coastal zone and the general public.
The commission shall, not later than August 1, 1978, and after public hearing, adopt public notice and appeal procedures for the review of development projects appealable pursuant to Sections 30603 and 30715. The commission shall send copies of such procedures to every local government within the coastal zone and shall make them readily available to the public.

Section § 30621

Explanation

This section explains the process for handling applications for coastal development permits and related appeals. The commission must hold a new public hearing for these applications and notify affected people in writing about the hearing details. The hearing must be scheduled within 49 working days after the application or appeal is submitted. For an appeal to be officially filed, the executive director must determine it's not frivolous, the five-day period for making this determination must pass without a decision, or the appeal fee must be paid within this period.

(a)CA Public Resources Code § 30621(a) The commission shall provide for a de novo public hearing on applications for coastal development permits and any appeals brought pursuant to this division and shall give to any affected person a written public notice of the nature of the proceeding and of the time and place of the public hearing. Notice shall also be given to any person who requests, in writing, such notification. A hearing on any coastal development permit application or an appeal shall be set no later than 49 working days after the date on which the application or appeal is filed with the commission.
(b)CA Public Resources Code § 30621(b) An appeal that is properly submitted shall be considered to be filed when any of the following occurs:
(1)CA Public Resources Code § 30621(b)(1) The executive director determines that the appeal is not patently frivolous pursuant to subdivision (d) of Section 30620.
(2)CA Public Resources Code § 30621(b)(2) The five-day period for the executive director to determine whether an appeal is patently frivolous pursuant to subdivision (d) of Section 30620 expires without that determination.
(3)CA Public Resources Code § 30621(b)(3) The appellant pays the filing fee within the five-day period set forth in subdivision (d) of Section 30620.

Section § 30622

Explanation

This section requires the commission to make a decision on a coastal development permit application or an appeal within 21 days after the hearing ends.

The commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section 30621.

Section § 30623

Explanation

If someone appeals a local government's or port authority's decision about a development project, that decision is put on hold until the appeal is resolved.

If an appeal of any action on any development by any local government or port governing body is filed with the commission, the operation and effect of that action shall be stayed pending a decision on appeal.

Section § 30624

Explanation

This section of the law addresses how coastal development permits can be issued in California. The executive director of the commission or a designated local official can issue permits for emergencies (except ones under a different regulation) and for specific non-emergency developments like improvements to structures, single-family homes, small residential developments, and other projects under $100,000, provided they don't involve land division. These non-emergency permits require public notice and review before becoming effective. If a third of the commission or local governing body objects to the permit at their next meeting, the permit isn't effective, and it must go through normal processing procedures as detailed by the commission. There are no cost limits for emergency situations.

(a)CA Public Resources Code § 30624(a) The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or, where the coastal development permit authority has been delegated to a local government pursuant to Section 30600.5, by an appropriate local official designated by resolution of the local government without compliance with the procedures specified in this chapter in cases of emergency, other than an emergency provided for under Section 30611, and for the following nonemergency developments: improvements to any existing structure; any single-family dwelling; any development of four dwelling units or less within any incorporated area that does not require demolition; any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land; and any development specifically authorized as a principal permitted use and proposed in an area for which the land use portion of the applicable local coastal program has been certified. Such permit for nonemergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided.
(b)CA Public Resources Code § 30624(b) If one-third of the appointed members of the commission so request at the first meeting following the issuance of such permit by the executive director, such issuance shall not be effective, and, instead, the application shall be processed in accordance with the commission’s procedures for permits and pursuant to the provisions of this chapter.
(c)CA Public Resources Code § 30624(c) Any permit issued by a local official pursuant to the provisions of this section shall be scheduled on the agenda of the governing body of the local agency at its first scheduled meeting after that permit has been issued. If, at that meeting, one-third of the members of that governing body so request, the permit issued by the local official shall not go into effect and the application for a coastal development permit shall be processed by the local government pursuant to Section 30600.5.
(d)CA Public Resources Code § 30624(d) No monetary limitations shall be required for emergencies covered by the provisions of this section.

Section § 30624.7

Explanation

This law allows the commission to create rules so that minor (de minimis) developments that have no negative impact on coastal resources can bypass the normal permit process with a waiver issued by the executive director. However, this waiver only takes effect after being reported to the commission in their next meeting. If one-third of the commission members request, the waiver can be blocked, requiring a full permit application to be submitted instead.

The commission may, after a public hearing, by regulation, adopt procedures for the issuance by the executive director of waivers from coastal development permit requirements for any development that is de minimis. A proposed development is de minimis if the executive director determines that it involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the policies of Chapter 3 (commencing with Section 30200).
A waiver shall not take effect until it has been reported to the commission at the regularly scheduled meeting following its issuance by the executive director. If one-third of the appointed membership of the commission so request, at this meeting, such issuance shall not be effective and, instead, an application for a coastal development permit shall be required and processed in accordance with the provisions of this chapter.

Section § 30624.9

Explanation

This law explains what is considered a 'minor development' project in coastal areas and how local governments can process these projects. A minor development must comply with the local coastal program, not require any special approvals beyond a coastal development permit, and not negatively impact coastal resources or public access.

After the coastal program is certified, local governments can skip a public hearing for minor developments if they notify interested parties of the option to request one, and no one requests a hearing within 15 business days. The notice must inform that not asking for a public hearing could prevent them from appealing the decision later.

(a)CA Public Resources Code § 30624.9(a) For purposes of this section, “minor development” means a development which a local government determines satisfies all of the following requirements:
(1)CA Public Resources Code § 30624.9(a)(1) Is consistent with the certified local coastal program, as defined in Section 30108.6.
(2)CA Public Resources Code § 30624.9(a)(2) Requires no discretionary approvals other than a coastal development permit.
(3)CA Public Resources Code § 30624.9(a)(3) Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
(b)CA Public Resources Code § 30624.9(b) After certification of its local coastal program, a local government may waive the requirement for a public hearing on a coastal development permit application for a minor development only if both of the following occur:
(1)CA Public Resources Code § 30624.9(b)(1) Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice.
(2)CA Public Resources Code § 30624.9(b)(2) No request for public hearing is received by the local government within 15 working days from the date of sending the notice pursuant to paragraph (1).
(c)CA Public Resources Code § 30624.9(c) The notice provided pursuant to subdivision (b) shall include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the commission any action taken by a local government on a coastal development permit application.

Section § 30625

Explanation

This California statute lets certain parties, like applicants or commission members, appeal decisions on coastal development permits made by local or port authorities. The appeal can be reviewed by a commission that can approve, alter, or reject the development. If the commission doesn’t decide within a set time, the original decision stands unless an extension is agreed upon. The commission may choose not to hear an appeal if it decides there is no significant issue related to conformity with relevant coastal programs or plans. The commission’s decisions provide future guidance to local authorities on coastal development matters.

(a)CA Public Resources Code § 30625(a) Except as otherwise specifically provided in subdivision (a) of Section 30602, any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body may be appealed to the commission by an applicant, any aggrieved person, or any two members of the commission. The commission may approve, modify, or deny such proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the local government or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant.
(b)CA Public Resources Code § 30625(b) The commission shall hear an appeal unless it determines the following:
(1)CA Public Resources Code § 30625(b)(1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no substantial issue exists as to conformity with Chapter 3 (commencing with Section 30200).
(2)CA Public Resources Code § 30625(b)(2) With respect to appeals to the commission after certification of a local coastal program, that no substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603.
(3)CA Public Resources Code § 30625(b)(3) With respect to appeals to the commission after certification of a port master plan, that no substantial issue exists as to conformity with the certified port master plan.
(c)CA Public Resources Code § 30625(c) Decisions of the commission, where applicable, shall guide local governments or port governing bodies in their future actions under this division.

Section § 30626

Explanation

This law allows the commission to create rules to revisit the details of a coastal development permit. The purpose is to fix any incorrect information in the terms and conditions of the permit.

The commission may, by regulation, provide for the reconsideration of the terms and conditions of any coastal development permit granted by the commission solely for the purpose of correcting any information contained in those terms and conditions.

Section § 30627

Explanation

This law explains the process for requesting a reconsideration of decisions related to coastal development permits in California. Only those who applied for the permit can request a reconsideration if their application was denied or they disagree with a permit's terms or conditions. The request must be made within 30 days, and must either present new evidence that couldn’t have been introduced before or demonstrate an error in fact or law that could change the decision. The decision to grant or deny the reconsideration is solely up to the commission. If the request for reconsideration is denied, this decision can’t be appealed. A reconsideration request counts as a new application, affecting any deadlines under Sections 30621 and 30622, and can only be requested once per application.

(a)CA Public Resources Code § 30627(a) The commission shall, by regulation, provide procedures which the commission shall use in deciding whether to grant reconsideration of any of the following:
(1)CA Public Resources Code § 30627(a)(1) Any decision to deny an application for a coastal development permit.
(2)CA Public Resources Code § 30627(a)(2) Any term or condition of a coastal development permit which has been granted.
(b)CA Public Resources Code § 30627(b) The procedures required by subdivision (a) shall include at least the following provisions:
(1)CA Public Resources Code § 30627(b)(1) Only an applicant for a coastal development permit shall be eligible to request reconsideration.
(2)CA Public Resources Code § 30627(b)(2) The request for reconsideration shall be made within 30 days of the decision on the application for a coastal development permit.
(3)CA Public Resources Code § 30627(b)(3) The basis of the request for reconsideration shall be either that there is relevant new evidence which, in the exercise of reasonable diligence, could not have been presented at the hearing on the matter or that an error of fact or law has occurred which has the potential of altering the initial decision.
(4)CA Public Resources Code § 30627(b)(4) The commission shall have the discretion to grant or deny requests for reconsideration.
(c)CA Public Resources Code § 30627(c) A decision to deny a request for reconsideration is not subject to appeal.
(d)CA Public Resources Code § 30627(d) This section shall not alter any right otherwise provided by this division to appeal an action ; provided, that a request for reconsideration shall be made only once for any one development application, and shall, for purposes of any time limits specified in Sections 30621 and 30622, be considered a new application.