Development Control Procedures - Development Controls - Public Resources - CA

Section § 29520

This section states that when applying for marsh development permits, the commission will follow specific procedures outlined in another part of the Government Code. Additionally, both the commission and local governments can charge a reasonable fee and be reimbursed for processing these permit applications. The money collected goes into the state's General Fund and can only be used by the commission if the Legislature approves it.

(a) Except as expressly provided in this division, the commission shall use the procedures set forth in Title 7.2 (commencing with Section 66600) of the Government Code for the submission, review, and issuance by the commission of marsh development permits and claims of exemption.

(b) The commission or any local government may require a reasonable filing fee and the reimbursement of expenses for the processing by the commission or the local government of any application by any person for a marsh development permit under this division. The funds received under this subdivision shall be deposited in the General Fund and shall be available for expenditure by the commission only when appropriated by the Legislature therefor.

marsh development permits commission procedures filing fee ...

Section § 29521

This law requires that by March 1, 1978, the commission must establish procedures for handling applications for marsh development permits issued by local governments. These procedures need to include ways to notify both the commission and interested parties about local government decisions, making sure there is enough information for a preliminary review to ensure compliance with the law.

Not later than March 1, 1978, the commission shall adopt procedures for the submission, review, and appeal of applications for marsh development permits to be issued by local government. Such procedures shall include reasonable provisions for notification to the commission and other interested persons of any action by a local government pursuant to this division in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this division can be made.

marsh development permits application procedures local government ...

Section § 29522

This law says that if a local government makes a decision about a marsh development permit, anyone directly affected or two commission members can appeal the decision to a higher commission. The decision will stand after 20 working days unless someone files an appeal in that time. If someone does appeal, the decision is put on hold until the commission makes a ruling.

(a) Any appealable action on a marsh development permit for any development by a local government may be appealed to the commission by any aggrieved person or by any two members of the commission. Such action shall become final after the 20th working day after receipt of the notice required by Section 29521, unless an appeal is filed within that time.

(b) If an appeal of any action on a development by any local government is filed with the commission, the operation and effect of such action shall be stayed pending the commission’s decision on the appeal.

marsh development permit local government decision appealable action ...

Section § 29523

This law states that the commission will only hear an appeal if it presents a significant question about whether a proposed development complies with certain regulations and plans. If the appeal doesn't raise a substantial issue, the commission may choose not to hear it.

The commission shall hear an appeal unless it determines that the appeal raises no substantial issue as to the conformity of the proposed development with the provisions of this division, the local protection program, if in existence, and the policies of the protection plan.

appeal process substantial issue conformity ...

Section § 29524

This law section outlines the procedures for handling appeals related to a marsh development permit in California. If an appeal is made, the commission must hold a new, public hearing and notify relevant parties of the proceedings. This hearing must occur between 21 and 42 days after the appeal is filed.

After the hearing, the commission has 21 days to decide on the appeal, during which they can approve, modify, or deny the proposed development. If the commission does not act within these timeframes, the local government's decision will stand.

To approve a permit, at least 13 commission members need to vote in favor, but federal representatives on the commission cannot vote on the permit decision. The applicant can choose to waive these time limits if needed.

(a) The commission shall provide for a public hearing de novo on any appeal 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 notice. A hearing on any appeal shall be set not earlier than 21 days nor later than 42 days after the date on which the appeal is filed with the commission.

(b) The commission shall act upon an appeal within 21 days after the conclusion of the hearing pursuant to subdivision (a) and may approve, modify, or deny the application for the proposed development; and if no action is taken within the time limits specified in this subdivision and subdivision (a), the decision of the local government shall become final.

(c) Thirteen affirmative votes of members of the commission, or of the commission hearing an appeal, are required to grant a permit. Neither of the federal representatives who are members of the commission may vote on whether or not a permit shall be granted.

(d) The applicant for a marsh development permit may waive any time limits prescribed in this section.

public hearing appeal marsh development permit ...