California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13569 - Dispute Resolution for Local Permit Processing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 determination of whether a proposed development is exempt or categorically
					 excluded, or whether a decision on the proposal would be appealable to the
					 Commission shall be made by the local government as soon as practicable after
					 the application for development or the request for exemption or categorical
					 exclusion within the coastal zone is submitted to the local government. This
					 determination shall be made according to the provisions of the Coastal Act, the
					 certified Local Coastal Program, and Sections
					 13240-13253 and
					 13300 et seq., including based
					 upon applicable maps, coastal resources existing at the time of the application
					 or request, categorical exclusions, land use designations, and zoning
					 ordinances.
(b) The local
					 government shall inform the applicant and the Commission district office with
					 jurisdiction over the local government in writing of its determination as soon
					 as practicable and at a minimum prior to providing the required notice for any
					 potential permit action and prior to allowing any activity without a permit
					 (for exemptions and exclusions), with reference to any notice and hearing
					 requirements.
(c) The executive
					 director may review the local government determination independently, or at the
					 request of the applicant or an interested person(s). If the executive director
					 reviews the local government determination, he or she shall inform the local
					 government of said review, and the local government shall supply, at a minimum,
					 a copy of the application or request and a copy of its determination to the
					 executive director. Within 30 working days, unless extended by the executive
					 director for good cause, the executive director shall notify the local
					 government, the applicant, and the interested person(s) who requested review,
					 if any, in writing of his or her determination regarding whether the proposed
					 development or request qualifies for exemption or categorical exclusion, or
					 whether local government decisions on a permit for the proposed development
					 would be appealable to the Coastal Commission.
(d) If the executive director's determination
					 regarding the appropriate permitting process for the proposed development or
					 request is the same as the local government's, then that determination shall
					 apply to that proposed development or request, and there is no further
					 challenge available. If the executive director's determination conflicts with
					 the local government's determination and the respective staffs are not able to
					 resolve the conflict and reach agreement on the appropriate permitting process
					 for the proposed development or request in a reasonable time, the executive
					 director shall schedule a hearing as soon as practicable for the Commission to
					 resolve the dispute. Only the local government, the applicant, and the
					 interested person(s), if any, who made the request for review may testify at
					 the hearing. Any person may submit written comments. The Commission shall make
					 findings to support its decision, which shall be provided to the local
					 government.
1.
						Amendment of section heading, section and NOTE filed 11-27-2019; operative
						1-1-2020 (Register 2019, No. 48).
Note: Authority cited: Sections
						  30333
						  and
						  30620,
						  Public Resources Code. Reference: Sections
						  30600,
						  30602,
						  30603,
						  30610
						  and
						  30625,
						  Public Resources Code.