Development ControlsDevelopment Control Procedures
Section § 30620
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.
Section § 30620.1
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.
Section § 30620.2
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.
Section § 30620.5
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.
Section § 30620.6
Section § 30621
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.
Section § 30622
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.
Section § 30623
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.
Section § 30624
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.
Section § 30624.7
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.
Section § 30624.9
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.
Section § 30625
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.
Section § 30626
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.
Section § 30627
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.