AB 203, as amended, Stone. Coastal resources: coastal development permits: penalties.
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.
begin deleteThe end deletebegin insertThis end insertbill 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.begin insert
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.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30825 is added to the Public Resources
2Code, to read:
(a) Except as provided in subdivision (d), the
4commission shall not file as complete or act upon an application
5for a coastal development permit for a project on property that is
6subject to an open, existing violation case for which a violation
7notification letter has been sent by the commission, or a cease and
8desist order, restoration order, or notice of violation has been issued
9or recorded pursuant to Section 30809, 30810, 30811, or 30812
10until the violation has been resolved, as determined by the
11executive director and consistent with this division. This section
12
shall not require or preclude resolution of any new violation that
13is identified during the permit application process.
14(b) Subdivision (a) does not apply if the executive director
15determines that the application includes a provision that would
16fully resolve the violation consistent with this division.
17(c) Any unresolved dispute between the executive director and
18an applicant regarding the implementation of this section may be
P3 1resolved by the commission at a noticed hearing pursuant to
2subdivision (d) of Section 13056 of Title 14 of the California Code
3of Regulations.
4(d) (1) Notwithstanding subdivision (a), the commission may
5file as complete an application for a coastal development
permit
6for development on a property described in subdivision (a) if the
7violation is a de minimis violation. If the commission accepts an
8application to which this subdivision applies, the commission may
9not take action on the application until the violation has been fully
10resolved, as determined by the executive director.
11(2) For purposes of this subdivision, “de minimis violation”
12means a violation that is so minor in nature that it may be easily
13resolved through voluntary actions on the part of the property
14owner.
15(e) Subdivision (a) does not apply to an action by a local agency
16that is associated with processing, submitting, certifying, or
17implementing an amendment to, or original submission of, a local
18coastal program, public works plan, or component of a local coastal
19program
or public works plan.
20(f) This section shall not apply to a new development application
21for a development in a harbor, port, or marina for a project that is
22individually owned or leased by a separate party that is unaffiliated
23with an open, existing violation case, as described in subdivision
24(a).
25(g) This section shall not apply to a new development application
26for a development that is a principally permitted agricultural use,
27agricultural activity, or agricultural facility on property zoned for
28agricultural production.
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