SENATE BILL No. 1295
Introduced by Senator Ducheny, February 19, 2008. An act to amend Section 30625 of the Public Resources Code, relating to coastal resources. Legislative counsel’s digest. SB 1295, as introduced, Ducheny. California Coastal Act of 1976, coastal development permit: appeal. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined. Existing law provides that, after certification of a local program, 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 California Coastal Commission by an applicant for a permit, any aggrieved person, or any 2 members of the commission. This bill would revise that provision to eliminate an appeal by 2 members of the California Coastal Commission. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows:
SECTION 1. Section 30625 of the Public Resources Code is amended to read: 30625. (a) Except as otherwise specifically provided in subdivision (a) of Section 30602, 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 or an aggrieved person, or any two members of the commission. The commission may approve, modify, or deny such proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the local government or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant.
(b) The commission shall hear an appeal unless it determines the following: (1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no substantial issue exists as to conformity with Chapter 3 (commencing with Section 30200). (2) With respect to appeals to the commission after certification of a local coastal program, that no substantial issue exists with
respect to the grounds on which an appeal has been filed pursuant to Section 30603. (3) With respect to appeals to the commission after certification of a port master plan, that no substantial issue exists as to conformity with the certified port master plan. (c) Decisions of the commission, where applicable, shall guide local governments or port governing bodies in their future actions
under this division.
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PLEASE CONTACT SENATOR YEE TO VOTE NO ON SB 1295 BECAUSE IT WOULD GUT THE COASTAL COMMISSION, WHICH PROTECTS OUR COASTLINE:
Capitol Office
State Capitol, Room 4048
Sacramento, CA 95814
Phone: (916) 651-4008
San Francisco Office
455 Golden Gate Avenue, Suite 14200
San Francisco, CA 94102
Phone: (415) 557-7857
San Mateo Office
400 South El Camino Real, Suite 630
San Mateo, CA 94402
Phone: (650) 340-8840
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