Loading...
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. U � U �1'�'f� �c✓ 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 89 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. Is] 89 F