Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2648


Introduced by Assembly Member Jones

February 19, 2016


An act tobegin delete amend Section 30301end deletebegin insert add Chapter 6.5 (commencing with Section 30550) to Division 20end insert of the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 2648, as amended, Jones. California Coastalbegin delete Commission.end deletebegin insert Commission: delegation of authority.end insert

begin insert

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.

end insert
begin insert

This bill would, notwithstanding any other law, and to the extent permitted under federal law, authorize a county containing any portion of the coastal zone to petition a superior court of competent jurisdiction to obtain a writ of mandate requiring the authority of the commission over coastal permitting in the county to be delegated to the county and the county to be the exclusive agent for the purpose of enforcing state and federal coastal laws, as specified. This bill would authorize the delegation of authority to a county to be reversed by an appellate court if it finds that the county abused its discretion in exercising the authority in a manner sufficient to warrant a rescission. This bill would authorize an applicant for a coastal development permit, or any aggrieved person, as defined, 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 county with delegated authority or a city within a county with delegated authority directly to a superior court of competent jurisdiction, in lieu of filing an appeal with the commission.

end insert
begin delete

The California Coastal Act of 1976 establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission with regard to the administration and implementation of the act.

end delete
begin delete

This bill would make nonsubstantive changes in those provisions prescribing the membership of the commission.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 6.5 (commencing with Section 30550)
2is added to Division 20 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert6.5.end insert Delegation of Authority to a County
5

 

6

begin insert30550.end insert  

(a) Notwithstanding any other law, a county containing
7any portion of the coastal zone may petition a superior court of
8competent jurisdiction to obtain a writ of mandate requiring the
9authority of the commission over coastal permitting in the county
10to be delegated to the county and the county to be the exclusive
11agent for the purpose of enforcing state and federal coastal laws.
12To obtain the writ, the county shall prove that it has the expertise,
13financial capability, and experience to satisfactorily and fairly
14execute this authority.

P3    1(b) A delegation of authority to a county pursuant to subdivision
2(a) may be reversed by an appellate court if the appellate court
3finds that the county has abused its discretion in exercising the
4authority provided in subdivision (a) in a manner sufficient to
5warrant a rescission.

6

begin insert30552.end insert  

(a) Notwithstanding any other law, an applicant, or
7any aggrieved person, as defined in Section 30801, may file an
8appeal of any appealable action on a coastal development permit
9or claim for exemption directly to a superior court of competent
10jurisdiction, in lieu of filing an appeal with the commission
11pursuant to Section 30625, for any development proposed to be
12located in either of the following:

13(1) A county with delegated commission authority pursuant to
14Section 30550.

15(2) A city within a county with delegated commission authority
16pursuant to Section 30550.

17(b) Section 30802 shall not apply to an appeal filed pursuant
18to this section.

19

begin insert30554.end insert  

The provisions of this chapter apply only to the extent
20permitted under federal law.

end insert
begin delete

  

21

SECTION 1.  

Section 30301 of the Public Resources Code is
22amended to read:

23

30301.  

The commission shall consist of the following 15
24members:

25(a) The Secretary of the Natural Resources Agency.

26(b) The Secretary of Transportation.

27(c) The Chairperson of the State Lands Commission.

28(d) Six representatives of the public from the state at large. The
29Governor, the Senate Committee on Rules, and the Speaker of the
30Assembly shall each appoint two of these members.

31(e) Six representatives selected from six coastal regions. The
32Governor shall select one member who is from the north coast
33region and one member who is from the south central coast region.
34The Speaker of the Assembly shall select one member who is from
35the central coast region and one member who is from the San Diego
36coast region. The Senate Committee on Rules shall select one
37member who is from the north central coast region and one member
38who is from the south coast region. For purposes of this division,
39these regions are defined as follows:

P4    1(1) The north coast region consists of the Counties of Del Norte,
2Humboldt, and Mendocino.

3(2) The north central coast region consists of the Counties of
4Sonoma and Marin and the City and County of San Francisco.

5(3) The central coast region consists of the Counties of San
6Mateo, Santa Cruz, and Monterey.

7(4) The south central coast region consists of the Counties of
8San Luis Obispo, Santa Barbara, and Ventura.

9(5) The south coast region consists of the Counties of Los
10Angeles and Orange.

11(6) The San Diego coast region consists of the County of San
12Diego.

end delete


O

    98