BILL ANALYSIS Ó
AB 2648
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 2648
(Jones) - As Amended March 18, 2016
SUBJECT: California Coastal Commission: delegation of
authority
SUMMARY: Authorizes a coastal county to petition a superior
court to obtain a writ of mandate requiring the Coastal
Commission's (Commission) regulatory authority to be delegated
to the county. Specifies that the county would become the
exclusive authority for the enforcement of state and federal
coastal laws if the writ of mandate is granted. Allows an
aggrieved person to file an appeal of any appealable action on a
coastal development permit (CDP) directly to a superior court in
lieu of filing an appeal with the Commission.
EXISTING LAW, pursuant to the Coastal Act:
1)Requires a person planning to perform or undertake any
development in the coastal zone to obtain a coastal
development permit from the Commission or local government
enforcing a Local Coastal Program (LCP).
2)Defines "development" to mean, among other things, the
placement or erection of any solid material or structure on
land or in water. "Structure" includes, but is not limited
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to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission
and distribution line.
3)Defines the "coastal zone" as the land and water area of the
State of California from the Oregon border to the border of
the Republic of Mexico, extending seaward to the state's outer
limit of jurisdiction, including all offshore islands, and
extending inland generally 1,000 yards from the mean high tide
line of the sea. In significant coastal estuarine, habitat,
and recreational areas, the coastal zone extends inland to the
first major ridgeline paralleling the sea or five miles from
the mean high tide line of the sea, whichever is less. In
developed urban areas, the zone generally extends inland less
than 1,000 yards. The coastal zone does not include the area
of jurisdiction of the San Francisco Bay Conservation and
Development Commission, nor any area contiguous thereto,
including any river, stream, tributary, creek, or flood
control or drainage channel flowing into such area.
4)Requires local governments within the coastal zone to prepare
a LCP. Authorizes any local government to request the
commission to prepare a LCP for the local government.
Requires a LCP to contain a public access component to assure
that maximum public access to the coast and public recreation
areas is provided. Requires Commission approval of a local
government's LCP or any amendments to that LCP.
5)Provides the right of judicial review to any aggrieved person
for any decision or action of the Commission.
6)Provides the right of judicial review to any person, including
an applicant for a CDP or the Commission, aggrieved by the
decision or action of a local government that is implementing
a LCP if the decision or action is not appealable to the
Commission.
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7)Authorizes the Commission to intervene in any such proceeding
upon showing the matter involves a question of the conformity
of a proposed development with a LCP or the validity of a
local government action taken to implement a LCP. Allows any
local government to request that the Commission intervene.
8)Specifies that any appealable action on a CDP or claim of
exemption for any development by a local government is
appealable to the Commission by an applicant, any aggrieved
person, or any two members of the Commission. Allows the
Commission to approve, modify, or deny such proposed
development, and if no action is taken within the specified
time limit, the decision of the local government is final,
unless the time limit is waived by the applicant.
FISCAL EFFECT: Unknown
COMMENTS:
1)Coastal Commission. The Commission was established by
voter initiative in 1972 (Proposition 20) and later made
permanent by the Legislature through adoption of the
California Coastal Act of 1976. In partnership with
coastal cities and counties, the Commission plans and
regulates the use of land and water in the coastal zone.
Development activities, which are broadly defined by the
Coastal Act to include construction of buildings,
divisions of land, and activities that change the
intensity of use of land or public access to coastal
waters, generally require a CDP from either the
Commission or the local government with a certified LCP.
The Commission is an independent, quasi-judicial state
agency, and is composed of 12 voting members, appointed
equally (4 each) by the Governor, the Senate Rules
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Committee, and the Speaker of the Assembly. Six of the
voting commissioners are locally elected officials and
six are appointed from the public at large. Three ex
officio (non-voting) members represent the Natural
Resources Agency, the California State Transportation
Agency, and the State Lands Commission.
According to the Commission's mission statement:
The Commission is committed to protecting and
enhancing California's coast and ocean for present and
future generations. It does so through careful
planning and regulation of environmentally-sustainable
development, rigorous use of science, strong public
participation, education, and effective
intergovernmental coordination.
2)This bill. This bill would allow local governments to
end their relationship with the Commission subject to
approval by a superior court. This bill would allow any
aggrieved person to bypass the Commission and go directly
to judicial review. This would eliminate the
Commission's oversight of development on the coast. The
Commission was created because of concern about
over-development on the Coast. Attempts to restrict
public access and develop in fragile coastal ecosystems
still exist today. The Commission plays a vital role as
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the safeguard of California's coast. This bill would
jeopardize that safeguard and undermine California's
commitment to coastal protection.
3)Related legislation.
AB 2171 (Jones, 2016) authorizes any aggrieved person to file an
appeal of any appealable action on a CDP or claim for exemption
to a superior court instead of the Commission. This bill limits
who may file an appeal to individuals living within 1000 feet of
an impacted county. This bill failed passage in this Committee
on April 4, 2016.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
Amigos de los Rios
Audubon California
Azul
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Black Surfers Collective
California Coastal Protection Network
California League of Conservation Voters
Committee for Green Foothills
Courage Campaign
Endangered Habitats League
Environment California
Friends of Harbor, Beaches & Parks
Greenspace - Cambria Land Trust
Humboldt Baykeeper
Los Angeles Waterkeeper
Natural Resources Defense Council
Northcoast Environmental Center
Orange County Coastkeeper
Save Our Shores
Sierra Club California
Smith River Alliance
Surfrider Foundation
The City Project
The Otter Project
The Wildlands Conservancy
Turtle Island Restoration Network
Wildcoast
5 individuals
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092
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