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SB-951 California Coastal Act of 1976: coastal zone: coastal development.(2023-2024)

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Date Published: 09/30/2024 09:00 PM
SB951:v91#DOCUMENT

Senate Bill No. 951
CHAPTER 775

An act to amend Section 30603 of the Public Resources Code, relating to coastal resources.

[ Approved by Governor  September 27, 2024. Filed with Secretary of State  September 27, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 951, Wiener. California Coastal Act of 1976: coastal zone: coastal development.
The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by electronic mail, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 30603 of the Public Resources Code is amended to read:

30603.
 (a) After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1) Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2) Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3) Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4) (A) Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B) For purposes of this paragraph, “coastal county” shall not include a local government that is both a city and county.
(5) Any development that constitutes a major public works project or a major energy facility.
(b) (1) The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2) The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c) An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local government’s final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local government’s action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d) (1) A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2) (A) In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B) For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.

SEC. 2.

 With respect to Section 1 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.