HomeMy WebLinkAbout5 - Local Coastal Plan CertificationCITY OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE
TO: Mayor & Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Local Coastal Program Certification
AB 952
DATE: January 23, 2001
The topic of local coastal program certification will apparently be discussed during the City
Council retreat on January 27, 2001. 1 have attached a copy of legislation introduced by
the Speaker of the Assembly that would require the Coastal Commission to prepare the
local coastal program for the City of Malibu. The bill requires only "consultation" with
Malibu during preparation of the local coastal program and actually prevents Malibu from
taking advantage of the Permit Streamlining Act to "approve" projects through inaction.
This bill is unprecedented and apparently reflects the State's frustration with Malibu and
their failure to submit a local coastal program for certification.
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Robert Burnham
City Attomey
Attachment
Assembly Bill No. 988
CHAPTER 952
An act to add Section 30166.5 to the Public Resources Code,
relating to the California Coastal Act.
[Approved by Governor September 29, 2000. Filed
with Secretary of State September 30, 2000.1
LEGISLATIVE COUNSEL'S DIGEST
AB 988, Hertzberg. Local coastal program: City of Malibu.
(1) The existing California Coastal Act of 1976 imposes certain
restrictions on development in the coastal zone of the state and
requires each local government located within the coastal zone to
prepare a local coastal program.
This bill would require the California Coastal Commission, on or
before January 15, 2002, to submit to the City of Malibu an initial draft
of the land use portion of the local coastal program for the City of
Malibu portion of the coastal zone. The bill would require the
commission, on or before September 15, 2002, after public hearing
and consultation with the City of Malibu, to adopt a local coastal
program for that area within the City of Malibu portion of the coastal
zone. The bill would require the City of Malibu, subsequent to the
certification of the local coastal program, to immediately assume
coastal development permitting authority, pursuant to the act,
thereby imposing a state - mandated local program. The bill would
provide that, notwithstanding specified requirements for the review
and approval of development projects, once the City of Malibu
assumes coastal development permitting authority pursuant to
provisions of the bill, no application for a coastal development permit
shall be deemed approved if the city fails to take timely action to
disapprove or deny the application.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 30166.5 is added to the Public Resources
Code, to read:
30166.5. (a) On or before January 15, 2002, the commission shall
submit to the City of Malibu an initial draft of the land use portion
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Ch. 952 —2—
of the local coastal program for the City of Malibu portion of the
coastal zone, which is specifically delineated on maps 133, 134, 135,
and 136, which were placed on file with the Secretary of State on
September 14, 1979.
(b) On or before September 15, 2002, the commission shall, after
public hearing and consultation with the City of Malibu, adopt a local
coastal program for that area within the City of Malibu portion of the
coastal zone that is specifically delineated on maps 133, 134, 135, and
136, which have been placed on file with the Secretary of State on
March 14, 1977, and March 1, 1987. The local coastal program for the
area shall, after adoption by the commission, be deemed certified,
and shall, for all purposes of this division, constitute the certified local
coastal program for the area. Subsequent to the certification of the
local coastal program, the City of Malibu shall immediately assume
coastal development permitting authority, pursuant to this division.
Notwithstanding the requirements of Chapter 4.5 (commencing
with Section 65920) of Division 1 of Title 7 of the Government Code,
once the City of Malibu assumes coastal development permitting
authority pursuant to this section, no application for a coastal
development permit shall be deemed approved if the city fails to take
timely action to approve or deny the application.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIH B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level
of service mandated by this act, within the meaning of Section 17556
of the Government Code.
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