Bill Text: CA AB2171 | 2015-2016 | Regular Session | Amended

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Bill Title: Coastal resources: development review: appeals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2171 Detail]

Download: California-2015-AB2171-Amended.html

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BILL NUMBER: AB 2171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 18, 2016

   An act  to amend Section 30801 of, and  to add Section
30625.5  to   to,  the Public Resources
Code, relating to coastal resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2171, as amended, Jones. Coastal resources: development review:
appeals.
   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.  Under existing law "aggrieved person" means any person
who, in person or through a representative, appeared at a public
hearing of the commission, local government, or port governing body
in connection with the decision or action appealed or who, by other
appropriate means prior to a hearing, informed the commission, local
government, or port governing body of the nature of his or her
concerns or who for good cause was unable to do either. 
   This bill would, notwithstanding those provisions, and to the
extent permitted under federal law, authorize an applicant for a
coastal development  permit,   permit  or
any aggrieved  person, as defined,   person
 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 an area subject to a certified local
coastal program directly to a superior court of competent
jurisdiction, in lieu of filing an appeal with the commission. 
The bill would also further limit the meaning of "aggrieved person"
to a person who is either domiciled or owns real property in a
coastal county impacted by the decision or within 1,000 feet of an
impacted coastal county.
   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 30625.5 is added to the Public Resources Code,
to read:
   30625.5.  (a) Notwithstanding any other law, and to the extent
permitted under federal law, an applicant, or any aggrieved person,
as defined in Section 30801, may file an appeal of any appealable
action on a coastal development permit or claim for exemption for any
development proposed to be located in an area covered under a
certified local coastal program directly to a superior court of
competent jurisdiction, in lieu of filing an appeal with the
commission pursuant to Section 30625.
   (b) Section 30802 shall not apply to an appeal filed pursuant to
this section.
   SEC. 2.    Section 30801 of the   Public
Resources Code   is amended to read: 
   30801.   Any   (a)     An
 aggrieved person shall have a right to judicial review of
 any   a  decision or action of the
commission by filing a petition for a writ of mandate in accordance
with Section 1094.5 of the Code of Civil Procedure, within 60 days
after the decision or action has become final.
    (b)     (1)    For purposes
of this section and subdivision (c) of Section 30513 and 
Section 30625,   Sections 30625 and 30625.5,  an
"aggrieved person" means  any   a  person
 who, in   who meets both of the following
requirements:  
   (A) The person is either domiciled or owns real property in a
coastal county, as defined in Section 30100.5, impacted by the
decision or within 1,000 feet of an impacted coastal county. 
    (B)     The person, in  person or
through a representative, appeared at a public hearing of the
commission, local government, or port governing body in connection
with the decision or action appealed,  or who,  
or,  by other appropriate means prior to a hearing, informed
the commission, local government, or port governing body of the
nature of his  or her  concerns or  who 
for good cause was unable to do either.  "Aggrieved 

    (2)    "Aggrieved  person" includes
the applicant for a permit and, in the case of an approval of a local
coastal program, the local government involved.