AB 1102, as amended, Allen. Beach fire rings: coastal development permit.
(1) Existing law, the California Coastal Act of 1976, provides for the planning and regulation of a development and 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.
This bill would require a city or countybegin insert, including a charter city or charter county,end insert to apply for a coastal development permit to remove or restrict the use of a beach fire ring, as defined, and would require that application to include specified information. The bill wouldbegin delete declare that these provisions doend delete notbegin delete overrideend deletebegin insert
affectend insert the applicability of a specified provision relating to ambient air quality standards, emission standards, or air pollution control programs or facilities established by the State Air Resources Board or an air pollution control or air quality management district. The bill wouldbegin delete declare that these provisions doend delete not prohibit the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence. By increasing the duties of local officials with respect to the California Coastal Act, the bill would impose a state-mandated local program.
(2) The bill would declare these provisions to be declaratory of existing law.
(3) This bill would find and declare that these provisions relate to an issue of statewide concern and not a municipal affair, as specified.
end delete(4)
end deletebegin insert(3)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 30607.8 is added to the Public Resources
2Code, to read:
(a) For purposes of this section, “beach fire ring”
4means a device in which recreational or ceremonial burning occurs
5that is located on a beach in the coastal zone.
6(b) Notwithstanding subdivision (b) of Section 30005, the
7removal or restriction of the use of a beach fire ring by a city or
8countybegin insert, including a charter city or charter county,end insert
shall be subject
P3 1to the requirements of this division and any other applicable
2regulatory requirements.
3(c) (1) An application for a coastal development permit to
4remove or restrict the use of a beach fire ring shall include an
5analysis of alternatives and mitigation measures that would avoid
6or minimize the need to remove or restrict the use of a beach fire
7
ring.
8(2) An application for a coastal development permit submitted
9pursuant to this section and that may be approved through a waiver
10procedure shall not be unreasonably denied by the commission at
11a public hearing. A decision on the application shall be expedited
12to the maximum extent feasible.
13(d) Nothing in this section affects the applicability of Section
1430414.
15(e) Nothing in this section prohibits the City of Newport Beach
16from distributing charcoal free of charge for use in a beach fire
17ring within 700 feet of a residence.
The addition of Section 30607.8 to the Public
19Resources Code made by this act does not constitute a change in,
20but is declaratory of, existing law and clarifies potential conflicting
21interpretations.
The Legislature finds and declares that the removal
23and restriction of the use of fire rings at coastal areas is a matter
24of statewide concern and not a municipal affair, as that term is
25used in Section 5 of Article XI of the California Constitution.
26Therefore, Section 1 of this act shall apply to a charter city or
27county.
If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.
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