reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 16 - Revocation of Permits › Section 13105 - Grounds for Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grounds for revocation of a permit shall be:
(a) Intentional inclusion of inaccurate,
					 erroneous or incomplete information in connection with a coastal development
					 permit application, where the commission finds that accurate and complete
					 information would have caused the commission to require additional or different
					 conditions on a permit or deny an application; or
(b) Failure to comply with the notice
					 provisions of Section
					 13054, where the views of the
					 person(s) not notified were not otherwise made known to the commission and
					 could have caused the commission to require additional or different conditions
					 on a permit or deny an application.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter
						(Register 81, No. 5).
3. Amendment filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
4. Change without
						regulatory effect amending subsection (a) filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 16 - Revocation of Permits › Section 13106 - Initiation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person who did not have an opportunity to fully
						participate in the original permit proceeding by reason of the permit
						applicant's intentional inclusion of inaccurate information or failure to
						provide adequate public notice as specified in Section
						13105 may request revocation of a
						permit by application to the executive director of the commission specifying,
						with particularity, the grounds for revocation. The executive director shall
						review the stated grounds for revocation and, unless the request is patently
						frivolous and without merit, shall initiate revocation proceedings.
The executive director may initiate revocation
						proceedings on his or her own motion when the grounds for revocation have been
						established pursuant to the provisions of Section
						13105.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 1-28-81; effective thirtieth day thereafter
						(Register 81, No. 5).
3. Amendment filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 16 - Revocation of Permits › Section 13107 - Suspension of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the executive director determines in accord with
						Section 13106, that grounds exist for
						revocation of a permit, the operation of the permit shall be automatically
						suspended unless and until the commission votes to deny the request for
						revocation. The executive director shall notify the permittee by mailing or
						transmitting by other reasonable means a copy of the request for revocation and
						a summary of the procedures set forth in this article, to the permittee's last
						known address. The executive director shall also advise the permittee in
						writing that any development undertaken during suspension of the permit may be
						in violation of the California Coastal Act of 1976 and subject to the penalties
						set forth in Public Resources Code, Sections
						30820
						through
						30822.
1.
						Repealer and new section filed 6-10-77; effective thirtieth day thereafter
						(Register 77, No. 24).
2. Amendment filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 3).
3. Amendment of
						section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government
						Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
4. Amendment filed 11-27-2019; operative
						1-1-2020 (Register 2019, No. 48).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30620,
						  30820,
						  30821
						  and
						  30822,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 16 - Revocation of Permits › Section 13108 - Hearing on Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After a staff report and recommendation
					 have been prepared, and after notice has been transmitted to the permittee and
					 any persons the executive director has reason to know would be interested in
					 the permit or revocation, the executive director shall report the request for
					 revocation to the commission with a recommendation on the merits of the
					 request.
(b) The person requesting
					 the revocation shall be afforded a reasonable time to present the request and
					 the permittee shall be afforded a like time for rebuttal.
(c) The commission shall ordinarily vote on
					 the request at the same meeting, but the vote may be postponed to a subsequent
					 meeting if the commission requests the executive director or the Attorney
					 General to perform further investigation.
(d) A permit may be revoked by a majority
					 vote of the members of the commission present if it finds that either of the
					 grounds specified in Section
					 13105(a) or (b)
					 exist. If the commission finds that the request for revocation was not filed
					 with due diligence following approval of the permit, it shall deny the
					 request.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 1-3-80 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 5-3-80.
3.
						Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register
						80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day
						thereafter (Register 81, No. 33).
5. Amendment of subsections (a),
						(c) and (d) and amendment of NOTE filed 11-27-2019; operative 1-1-2020
						(Register 2019, No. 48).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 16 - Revocation of Permits › Section 13108.5 - Finality of Regional Commission Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Sections
						  30331
						  and
						  30333,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 17 - Reserved › Section 13109 - Reapplication. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Article 17 (Section
						13109) filed 6-10-77; effective
						thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed
						8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
3. Repealer of article heading and renumbering of former
						section 13109 to new section
						13056.1 filed 9-20-99; operative
						10-20-99 (Register 99, No. 39).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.1 - Scope of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this article shall govern proceedings
						for reconsideration of terms or conditions of a coastal development permit
						granted or of a denial of a coastal development permit by the
						commission.
1. New
						Article 18 (Sections
						13109.1-13109.6) filed 1-3-80 as
						an emergency; effective upon filing (Register 80, No. 1). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed
						on 5-3-80.
2. Certificate of Compliance transmitted to OAH 4-29-80
						and filed 5-8-80 (Register 80, No. 19).
3. Amendment of NOTE filed
						7-24-80; effective thirtieth day thereafter (Register 80, No.
						30).
4. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No.
						32).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30305
						  and
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.2 - Initiation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any time within thirty (30) days
					 following a final vote upon an application for a coastal development permit,
					 the applicant of record may request the commission to grant reconsideration of
					 the denial of an application for a coastal development permit or of any term or
					 condition of a coastal development permit which has been granted. This request
					 shall be in writing and shall be received by the district office at which the
					 original permit application was filed within thirty (30) days of the final
					 vote.
(b) The executive director
					 shall prepare a staff report with a recommendation on the merits of the request
					 for reconsideration. The staff report shall analyze whether the request
					 satisfies the grounds for reconsideration provided in Public Resources Code
					 section
					 30627.
					 The staff report shall be distributed to the persons and in the manner provided
					 for in section
					 13059.
1.
						Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
						80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day
						thereafter (Register 81, No. 33).
3. Amendment filed 9-20-99;
						operative 10-20-99 (Register 99, No. 39).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.3 - Suspension of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 7-24-80; effective thirtieth day thereafter (Register 80, No.
						30).
2. Repealer filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.4 - Grounds for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grounds for reconsideration of a permit action shall be
						as provided in Public Resources Code Section
						30627.
1.
						Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
						80, No. 30).
2. Amendment filed 8-14-81; effective thirtieth day
						thereafter (Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.5 - Hearing on Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director shall schedule a
					 hearing on the reconsideration request at the next regularly scheduled meeting
					 or as soon as practicable after the executive director distributes notice of
					 the hearing consistent with the provisions of section
					 13063. The executive director
					 shall report the request for reconsideration to the commission with a
					 preliminary recommendation on the grounds for reconsideration.
(b) The applicant and all aggrieved parties
					 to the original commission decision shall be afforded a reasonable time to
					 address the merits of the request.
(c) Reconsideration shall be granted by a
					 majority vote of the commissioners present. If reconsideration is granted, the
					 application shall be processed as a new application in accordance with sections
					 13050-13120 and sections
					 13156-13168 of these regulations,
					 as applicable. However, no new fee shall be charged to process the new
					 application.
1.
						Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
						80, No. 30).
2. Amendment of subsections (a)-(c) filed 8-14-81;
						effective thirtieth day thereafter (Register 81, No. 33).
3.
						Amendment of subsection (d) filed 8-2-89; operative 9-1-89 (Register 89, No.
						32).
4. Amendment of section and NOTE filed 9-20-99; operative
						10-20-99 (Register 99, No. 39).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30006,
						  30621
						  and
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 1 - Regular Permits › Article 18 - Reconsideration › Section 13109.6 - Finality of Regional Commission Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register
						80, No. 30).
2. Repealer filed 8-14-81; effective thirtieth day
						thereafter (Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30627,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13110 - Commission Procedures upon Receipt of Notice of Final Local Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subchapter
				  applies to appeals filed pursuant to Public Resources Code section
				  30603.
(b) Within three (3) working days of receipt
				  of notice of final local decision that meets the requirements of Section
				  13571, the executive director of
				  the Commission shall post a description of the development to the commission's
				  website and make it available on request at commission offices. The ten working
				  day appeal period shall be established from the date of receipt of the legally
				  adequate notice of the final local government action.
1. Repealer
					 of Subchapter 2 (Articles 1-4, Sections
					 13110-13129, not consecutive) and
					 new Subchapter 2 (Sections
					 13110-13120) filed 8-14-81;
					 effective thirtieth day thereafter (Register 81, No. 33). For prior history,
					 see Registers 80, No. 19; 80, No. 1; 79, No. 22; 78, No. 32; 78, No. 3; 77, No.
					 35; 77, No. 24; 77, No. 18; 77, No. 7.
2. Amendment filed 7-30-2019;
					 operative 1-1-2020 pursuant to Government Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Sections
						30333
						and
						30620.6,
						Public Resources Code. Reference: Sections
						30603
						and
						30620.6,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13111 - Filing of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  appeal of a local government's decision on a coastal development permit
				  application (or local government equivalent) may be filed by an applicant or
				  any aggrieved person who has exhausted local appeals, or any two (2) members of
				  the Commission. The appeal shall be submitted on a commission appeal form and
				  shall contain, at a minimum, the following information:
(1) the name and address of the permit
				  applicant and appellant;
(2) the
				  date of the local government action;
(3) a description of the
				  development;
(4) the name of the
				  governing body having jurisdiction over the project area;
(5) the names and addresses of all persons
				  who submitted written comments or who spoke and left his or her name at any
				  public hearing on the project, where such information is available;
(6) the names and addresses or e-mail
				  addresses of all other persons known by the appellant to have an interest in
				  the matter on appeal;
(7)
				  information on how each appellant participated in the local government action
				  or otherwise is qualified as an "aggrieved person" as defined by Public
				  Resources Code Section
				  30801;
(8) the specific grounds for appeal as
				  described in Public Resources Code, Section
				  30603;
(9) a statement of facts on which the appeal
				  is based; and
(10) a summary of
				  each substantial issue raised by the appeal.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13112 - Effect of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt in the Commission office of a timely appeal by
					 a qualified appellant, the executive director shall notify the permit
					 applicant, all persons identified by the appellant pursuant to section
					 13111(a)(5)-(6),
					 and the affected local government of the filing of the appeal. Notification
					 shall be by mailing or, if the recipient consents, transmitting a copy of the
					 completed Notice of Appeal to the applicant and the local government, and
					 transmitting a copy of the completed Notice of Appeal by any reasonable means
					 to other interested persons. The notice shall specify that the operation and
					 effect of the coastal development permit has been stayed pending Commission
					 action on the appeal by the Commission as required by Public Resources Code
					 Section
					 30623.
					 Upon receipt of a Notice of Appeal the local government shall refrain from
					 issuing the coastal development permit for the proposed development and shall,
					 within five (5) working days, deliver to the executive director all relevant
					 documents and materials used by the local government in its consideration of
					 the coastal development permit application, including contact information for
					 persons to whom the local government provided notice regarding the application
					 or who participated in the local government's review of the application. If the
					 Commission fails to receive the documents and materials, the Commission shall
					 set the matter for hearing and the hearing shall be left open until all
					 relevant materials are received.
1. Amendment
					 of section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government
					 Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Sections
						30333
						and
						30620.6,
						Public Resources Code. Reference: Sections
						30006
						and
						30623,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13113 - Grounds of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grounds of appeal for any development appealable under
					 Public Resources Code Section
					 30603(a)
					 shall be limited to those specified in Public Resources Code Section
					 30603(b).
1. Amendment
					 filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
2. Change
					 without regulatory effect amending section filed 2-7-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 6).
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference: Sections
						30603
						and
						30623,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13114 - De Novo Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the appellant has exhausted local appeals a de novo
					 review of the project by the Commission shall occur only after the local
					 decision has become final.
Section
					 30621, Public Resources
					 Code.
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference:
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13115 - Substantial Issue Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the meeting next following the filing
				  of an appeal with the Commission or as soon thereafter as practical, the
				  executive director shall make a recommendation to the commission as to whether
				  the appeal raises a substantial issue within the meaning of Section
				  30625(b).
(b) Unless the Commission finds that the
				  appeal raises no substantial issue as to conformity with the certified local
				  coastal program or, in the case of a permit application for a development
				  between the sea and the first public road paralleling the sea (or within 300
				  feet of the inland extent of any beach or of the mean high tide line of the sea
				  where there is no beach) that there is no substantial issue with regard to the
				  public access and public recreation policies of Chapter 3 of the Coastal Act of
				  1976, the Commission shall consider the application de novo in accordance with
				  the procedures set forth in Sections
				  13057-13096.
(c) When determining whether the appeal
				  raises a substantial issue, the Commission may consider factors, including but
				  not limited to:
(1) the degree of factual and
				  legal support for the local government's decision;
(2) the extent and scope of the development
				  as approved or denied by the local government;
(3) the significance of the coastal resources
				  affected by the decision;
(4) the
				  precedential value of the local government's decision for future
				  interpretations of its local coastal program; and
(5) whether the appeal raises only local
				  issues as opposed to those of regional or statewide significance.
The Commission may, but need not, assign a particular
					 weight to a factor.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13116 - Withdrawal of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time before the Commission commences the roll call
					 for a final vote on an appeal, an appellant may withdraw the associated appeal.
					 The withdrawal must be in writing or stated on the record and does not require
					 Commission concurrence. On withdrawal of all appeals on a matter, the action of
					 the local government shall automatically become final unless the appeal period
					 of Public Resources Code Section
					 30603
					 has not run.
1. Change
					 without regulatory effect amending section and NOTE filed 2-7-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 6).
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference: Sections
						30602
						and
						30603,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13117 - Qualifications to Testify Before Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only the applicant, the appellant, persons who opposed the
					 application before the local government, and the local government shall be
					 qualified to testify at the Commission hearings at the substantial issue stage
					 of the appeal process. All other persons may submit comments in writing to the
					 Commission or executive director, copies or summaries of which shall be
					 provided to all Commissioners pursuant to Section
					 13060.
1. Amendment
					 of section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government
					 Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Sections
						30333
						and
						30620.6,
						Public Resources Code. Reference: Section
						30625,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13118 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Evidence before the Commission includes, but is not limited
					 to, the record before the local government. Except in unusual circumstances the
					 record will not include a transcript of the local government proceedings unless
					 provided by a party to the proceedings.
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference: Section
						30620.6,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13119 - Standard of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standard of review for any appealable development shall
					 be whether or not the development meets the requirements of Public Resources
					 Code Sections
					 30604(b) and
					 (c).
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference: Sections
						30603,
						30604,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 2 - Appeals to State Commission › Section 13120 - Commission Notification of Final Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) working days of a final Commission action
					 on appeal from a local government decision, the Commission shall transmit
					 notice of the action taken to the local government, the applicant and the
					 appellant.
Note: Authority cited: Sections
						30333,
						30620.6,
						Public Resources Code. Reference: Section
						30620.6,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 3 - Applications Filed Under the California Coastal Zone Conservation Act of 1972 [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  Subchapter 3 (Sections
				  13131-13135) filed 8-14-81;
				  effective thirtieth day thereafter (Register 81, No. 33). For prior history,
				  see Register 77, No. 24.
Note: Authority cited: Sections
					 30331
					 and
					 30333,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 1 - General › Section 13136 - Scope of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Subchapter governs procedures for processing
						applications for permits or waivers to perform work to resolve problems
						resulting from a situation falling within the definition of "emergency" in
						Section 13009 and pursuant to the
						provisions of Public Resources Code Sections
						30611
						and
						30624,
						for which the Commission has jurisdiction pursuant to Section
						30519(b).
1.
						Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
2. Change without regulatory effect amending section and NOTE
						filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30611
						  and
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 1 - General › Section 13137 - Immediate Action Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is recognized that in some instances a person or
						public agency performing a public service may need to undertake emergency
						development to protect life and public property, or to maintain public services
						before the provisions of the Subchapter can be fully complied with. Where such
						persons or agencies are authorized to proceed without a permit pursuant to
						Public Resources Code Section
						30611,
						they shall comply with the requirements of Public Resources Code Section
						30611
						and Section
						13144(a), and to
						the maximum extent feasible, with the other provisions of this Subchapter. The
						person or public agency performing the emergency work shall apply for a
						follow-up regular permit to authorize the development undertaken to address the
						emergency.
1. Change
						without regulatory effect adding NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
2. Amendment filed 11-27-2019;
						operative 1-1-2020 (Register 2019, No. 48).
Note: Authority cited: Sections
						  30333
						  and
						  30624,
						  Public Resources Code. Reference: Section
						  30611,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 2 - Applications › Section 13138 - Method of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications in cases of emergencies shall be made to the
						executive director of the commission in writing during business hours if time
						allows, and by telephone or in person if times does not
						allow.
1.
						Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
2. Amendment filed 9-20-99; operative 10-20-99 (Register 99,
						No. 39).
3. Change without regulatory effect amending section filed
						2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 2 - Applications › Section 13139 - Necessary Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information to be reported during the emergency, if
						it is possible to do so, or to be reported fully in any case after the
						emergency as required in Public Resources Code Section
						30611,
						shall include the following:
(a) The
					 nature of the emergency, including photographs and other documentation when
					 available;
(b) The cause of the
					 emergency, insofar as this can be established;
(c) The location of the emergency;
(d) The remedial, protective, or preventive
					 work required to deal with the emergency, including plans depicting or
					 describing the work when available; and
(e) The circumstances during the emergency
					 that appeared to justify the course(s) of action taken, including the probable
					 consequences of failing to take action.
1.
						Amendment of subsections (a) and (d) and new NOTE filed 7-30-2019; operative
						1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30611,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 3 - Procedures › Section 13140 - Verification of Emergency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director of the commission shall verify the
						facts, including the existence and nature of the emergency, insofar as time
						allows.
1.
						Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 3 - Procedures › Section 13141 - Consultation with Executive Director of the Commission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Sections
						  30331
						  and
						  30333,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 3 - Procedures › Section 13142 - Criteria for Granting Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director shall provide public notice of the
						proposed emergency action allowed by Public Resources Code Section
						30624,
						with the extent and type of notice determined on the basis of the nature of the
						emergency itself. The executive director may grant an emergency permit upon
						reasonable terms and conditions, including an expiration date and the necessity
						for a regular permit application later, if the executive director finds
						that:
(a) An emergency exists and
					 requires action more quickly than permitted by the procedures for
					 administrative permits, or for ordinary permits and the development can and
					 will be completed within 30 days unless otherwise specified by the terms of the
					 permit;
(b) Public comment on the
					 proposed emergency action has been reviewed if time allows; and
(c) The work proposed would be limited to
					 what is necessary to address the emergency and consistent with the requirements
					 of the Coastal Act of 1976.
1.
						Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment of first paragraph and subsection (c) filed
						7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 3 - Procedures › Section 13143 - Report to the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director shall report in
					 writing to the local government having jurisdiction over the project site and
					 to the commission at each meeting the emergency permits applied for or issued
					 since the last report, with a description of the nature of the emergency and
					 the work involved. Copies of this report shall be available at the meeting if
					 time permits, and shall be posted to the commission's website and transmitted
					 to all persons who have requested such notification in writing.
(b) The report of the executive director
					 shall be informational only; the decision to issue an emergency permit is
					 solely at the discretion of the executive director of the commission.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
3. Amendment of subsection (c) filed 8-2-89;
						operative 9-1-89 (Register 89, No. 32).
4. Amendment filed
						7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 4 - Permits for an Approval of Emergency Work › Article 4 - Emergency Actions Without a Permit › Section 13144 - Waiver of Emergency Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person wishing to take an emergency
					 action pursuant to the requirements of Public Resources Code Section
					 30611
					 shall notify the executive director of the commission in writing or by
					 telephone during business hours of the type and location of the emergency
					 action taken, within three (3) days of the disaster or the discovery of the
					 danger. Within seven (7) days of taking the emergency action, the person who
					 notified the executive director shall send a written statement of the reasons
					 why the action was taken, the information specified in Section
					 13139, and verification that the
					 action complied with the expenditure limits set forth in Public Resources Code
					 Section
					 30611.
(b) At the next commission meeting following
					 the receipt of the written report, the executive director shall summarize all
					 emergency actions taken, and shall report to the commission any emergency
					 action that, in his or her opinion, does not comply with the requirements of
					 Public Resources Code Section
					 30611
					 and shall recommend appropriate action.
(c) For the purposes of this section, any
					 immediate, temporary actions taken by the California Department of Fish and
					 Game which are required to protect the nesting areas of the California least
					 tern, an endangered species under the California Fish and Game Code, Sections
					 2050-
					 2055
					 and Title 14 of the California Code of Regulations, Section
					 670.5, and the Federal Endangered
					 Species Act of 1973, shall be deemed to be in compliance with Public Resources
					 Code Section
					 30611.
1.
						Amendment filed 4-27-78 as an emergency; effective upon filing (Register 78,
						No. 17).
2. Certificate of Compliance filed 8-12-78 (Register 78,
						No. 32).
3. Amendment of section and NOTE filed 9-20-99; operative
						10-20-99 (Register 99, No. 39).
4. Change without regulatory effect
						amending section filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30611,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 1 - General › Section 13145 - Scope of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter governs special procedures for processing
						applications for permits pursuant to the requirements of Public Resources Code
						Section
						30624.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 11-3-78 as an emergency; effective upon
						filing (Register 78, No. 44).
3. Certificate of Compliance
						transmitted to OAH 2-26-79 and filed 3-15-79 (Register 79, No.
						10).
4. Amendment filed 1-28-81; effective thirtieth day thereafter
						(Register 81, No. 5).
5. Amendment filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 2 - Application for Administrative Permits › Section 13146 - Applicant's Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The permit application form provided for in Section
						13053.5 shall allow the applicant
						an opportunity to state that in his or her opinion the work applied for falls
						within the criteria established by Public Resources Code, Section
						30624.
1.
						Amendment and new NOTE filed 8-2-89; operative 9-1-89 (Register 89, No.
						32).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30620
						  and
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 2 - Application for Administrative Permits › Section 13147 - Applications Not Thought to be Administrative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the commission receives an application that is
						asserted to be for improvements or other development within the criteria
						established pursuant to Public Resources Code Section
						30624
						and by this subchapter and if the executive director finds that the application
						does not qualify as such, he or she shall notify the applicant that a regular
						permit application is required as provided in Subchapter 1 of this chapter. The
						executive director, with the concurrence of the applicant, may accept the
						application for filing as a regular permit pursuant to Section
						13056 and shall adjust the
						application fees accordingly.
1.
						Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 2 - Application for Administrative Permits › Section 13148 - Copies of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application asserted to be within the criteria
						established by Public Resources Code Section
						30624
						shall be furnished to the commission initially in one (1) copy, together with
						one copy of whatever maps and drawings are reasonably required to describe the
						proposal. A reasonable number of additional copies may, at the discretion of
						the executive director, be required.
1.
						Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.