Amended in Assembly January 27, 2014

Amended in Assembly May 29, 2013

Amended in Assembly May 9, 2013

Amended in Assembly March 11, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 203

Introduced by Assembly Member Stone

(Coauthor: Assembly Member Ting)

January 30, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 203, as amended, Stone. begin insert California end insert Coastal begin delete resources: coastal development permits: penalties. end delete begin insert Commission: restoration and cease and desist orders: report. end insert

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 begin delete 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. end delete begin insert authorizes the commission to take specified actions to enforce the permit requirements, including the issuance of restoration and cease and desist orders. end insert

begin insert

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.

end insert begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

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

begin insert

begin insert 30821. end insert   

(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.

end insert

begin delete

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.

end delete