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AB-203 California Coastal Commission: restoration and cease and desist orders: report.(2013-2014)

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Amended  IN  Assembly  January 27, 2014
Amended  IN  Assembly  May 29, 2013
Amended  IN  Assembly  May 09, 2013
Amended  IN  Assembly  March 11, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 203


Introduced by Assembly Member Stone
(Coauthor: Assembly Member Ting)

January 30, 2013


An act to add and repeal Section 30825 to 30821 of the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 203, as amended, Stone. California Coastal resources: coastal development permits: penalties. Commission: restoration and cease and desist orders: report.
The California Coastal Act of 1976 requires any person undertaking development in the coastal zone to obtain a coastal development permit issued by the California Coastal Commission in accordance with prescribed procedures. The act authorizes civil liability to be imposed on any person who performs or undertakes development that is in violation of the act or that is inconsistent with any previously issued coastal development permit, subject to specified maximum and minimum amounts, varying according to whether the violation is intentional and knowing. authorizes the commission to take specified actions to enforce the permit requirements, including the issuance of restoration and cease and desist orders.
This bill would authorize the commission, no later than January 1 of each year, until January 1, 2019, to submit to each house of the Legislature an annual report describing the restoration orders and cease and desist orders issued by the commission during the previous calendar year.

This bill would prohibit the commission, with exceptions, from filing as complete, or acting upon, an application for a coastal development permit for a project on property that is subject to an existing violation case for which a violation notification letter has been sent by the commission, or a cease and desist order, restoration order, or notice of violation has been issued or recorded until the violation has been resolved. The bill would authorize the commission to resolve any unresolved dispute between the executive director and an applicant regarding the implementation of the above provision at a noticed hearing. This bill would authorize the commission to file as complete an application for a coastal development permit for development on such a property if the violation is de minimis, as defined. This bill would prohibit the commission from taking action on the application until the de minimis violation has been resolved, as determined by the executive director. The bill would specify that those provisions shall not apply to a new development application for a development in a harbor, port, or marina for a project that is individually owned or leased by a separate party that is unaffiliated with an open, existing violation case, as described. This bill would also specify that those provisions shall not apply to a new development application for a development that is a principally permitted agricultural use, agricultural activity, or agricultural facility on property zoned for agricultural production.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 30821 is added to the Public Resources Code, to read:

30821.
 (a) No later than January 1 of each year, the commission may submit to each house of the Legislature an annual report describing the restoration orders and cease and desist orders issued by the commission during the previous calendar year.
(b) (1) A report issued pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2019.

SECTION 1.Section 30825 is added to the Public Resources Code, to read:
30825.

(a)Except as provided in subdivision (d), the commission shall not file as complete or act upon an application for a coastal development permit for a project on property that is subject to an open, existing violation case for which a violation notification letter has been sent by the commission, or a cease and desist order, restoration order, or notice of violation has been issued or recorded pursuant to Section 30809, 30810, 30811, or 30812 until the violation has been resolved, as determined by the executive director and consistent with this division. This section shall not require or preclude resolution of any new violation that is identified during the permit application process.

(b)Subdivision (a) does not apply if the executive director determines that the application includes a provision that would fully resolve the violation consistent with this division.

(c)Any unresolved dispute between the executive director and an applicant regarding the implementation of this section may be resolved by the commission at a noticed hearing pursuant to subdivision (d) of Section 13056 of Title 14 of the California Code of Regulations.

(d)(1)Notwithstanding subdivision (a), the commission may file as complete an application for a coastal development permit for development on a property described in subdivision (a) if the violation is a de minimis violation. If the commission accepts an application to which this subdivision applies, the commission may not take action on the application until the violation has been fully resolved, as determined by the executive director.

(2)For purposes of this subdivision, “de minimis violation” means a violation that is so minor in nature that it may be easily resolved through voluntary actions on the part of the property owner.

(e)Subdivision (a) does not apply to an action by a local agency that is associated with processing, submitting, certifying, or implementing an amendment to, or original submission of, a local coastal program, public works plan, or component of a local coastal program or public works plan.

(f)This section shall not apply to a new development application for a development in a harbor, port, or marina for a project that is individually owned or leased by a separate party that is unaffiliated with an open, existing violation case, as described in subdivision (a).

(g)This section shall not apply to a new development application for a development that is a principally permitted agricultural use, agricultural activity, or agricultural facility on property zoned for agricultural production.