AB 2171, as amended, Jones. Coastal resources: development review: appeals.
Existing law, the California Coastal Act of 1976, requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except with respect to appeals to the commission, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. The act specifies that any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body may be appealed to the commission by an applicant, any aggrieved person, or any 2 members of the commission, except as provided.begin insert Under existing law “aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the commission, local government, or port governing body in connection with the decision or action appealed or who, by other appropriate means prior to a hearing, informed the commission, local government, or port governing body of the nature of his or her concerns or who for good cause was unable to do either.end insert
This bill would, notwithstanding those provisions, and to the extent permitted under federal law, authorize an applicant for a coastal developmentbegin delete permit,end deletebegin insert
permitend insert or any aggrievedbegin delete person, as defined,end deletebegin insert
personend insert to file an appeal of any appealable action on a coastal development permit or claim for exemption for any development proposed to be located in an area subject to a certified local coastal program directly to a superior court of competent jurisdiction, in lieu of filing an appeal with the commission.begin insert The bill would also further limit the meaning of “aggrieved person” to a person who is either domiciled or owns real property in a coastal county impacted by the decision or within 1,000 feet of an impacted coastal county.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 30625.5 is added to the Public Resources
2Code, to read:
(a) Notwithstanding any other law, and to the extent
4permitted under federal law, an applicant, or any aggrieved person,
5as defined in Section 30801, may file an appeal of any appealable
6action on a coastal development permit or claim for exemption for
7any development proposed to be located in an area covered under
8a certified local coastal program directly to a superior court of
9competent jurisdiction, in lieu of filing an appeal with the
10commission pursuant to Section 30625.
11(b) Section 30802 shall not apply to an appeal filed pursuant to
12this section.
begin insertSection 30801 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
14amended to read:end insert
begin deleteAny end deletebegin insert(a)end insertbegin insert end insertbegin insertAnend insert aggrieved person shall have a right to
16judicial review ofbegin delete anyend deletebegin insert aend insert decision or action of the commission by
17filing a petition for a writ of mandate in accordance with Section
181094.5 of the Code of Civil Procedure, within 60 days after the
19decision or action has become final.
20begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertFor purposes of this section and subdivision (c) of
21Section 30513 andbegin delete Section 30625,end deletebegin insert Sections 30625 and 30625.5,end insert
P3 1 an “aggrieved person” meansbegin delete anyend deletebegin insert aend insert personbegin delete who, inend deletebegin insert who meets both
2of the following requirements:end insert
3
(A) The person is either domiciled or owns real property in a
4coastal county, as defined in Section 30100.5, impacted by the
5decision or within 1,000 feet of an impacted coastal county.
6begin insert(B)end insertbegin insert end insertbegin insertThe person, inend insert person or through a representative, appeared
7at a public hearing of the commission, local government, or port
8governing body in connection with the decision or action appealed,
9begin delete or who,end deletebegin insert or,end insert by other appropriate means prior to a hearing, informed
10the commission, local government, or port governing body of the
11nature of hisbegin insert or herend insert
concerns orbegin delete whoend delete for good cause was unable
12to do either.begin delete “Aggrievedend delete
13begin insert (2)end insertbegin insert end insertbegin insert“Aggrievedend insert person” includes the applicant for a permit and,
14in the case of an approval of a local coastal program, the local
15government involved.
O
98