state of california-the resources agency go1111mor...

.. STATE OF CALIFORNIA- THE RESOURCES AGENCY RECORD PACKET COPY ,, CALIFORNIA COASTAL COMMISSION

7J, IS 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TOO (415) 904-5200 TO:

FROM:

SUBJECT:

November 29, 1995

Coastal Com~oners and Interested Persons

Ralph FausP,

-------------------------------

-2-

At this meeting the tasks for the Commission are to:

1. review the written comments received to date regarding the listed 288 regulations;

2. open a hearing and take testimony from interested members of the public including businesses, orga.n.i..za.tions and individuals outside of state government concerning these 288 regulations; and,

3. give direction to staff for a response to the Governor's office, and regarding what, if any, further action to take.

Staff recommends that the Commission not repeal or amend any of its regulations, or pursue further regulatory review at the present time.

The following is a summary of the comments received to date, and recommendations, if any. Comments upon particular regulations have been formatted into a table, for easier review.

Genenl Comments:

The Commission received a letter from Rubell Helgeson, representing the Pacific Palisades Residents Association which requested additional time for review before any specific changes to the regulations were considered, and also requested that, in order to save time for both the Commission and the public, deletion of plainly obsolete sections should be considered separately from substantive procedural changes. Rubell Helgeson also took issue with the process of requesting public comment on whether regulations should be amended in the absence of specific proposals for regulatory changes.

The Commission also received letters from the County of Santa Barbara and from the City of San Buenaventura indicating that they did not have any comments or specific suggestions at this time.

J

• ..,

This section governs the use and The Commission received a No amendment or repeal of this 13003 effect of the regulations and comment from Mark Massara of regulation is anticipated.

requires that they be interpreted to the Sierra Club Coastal Program accomplish the purposes of the Act. requesting that the regulation not

be amended or deleted. This section, which once governed The Commission received a Inspection of public records is

13013 the inspection of public records, comment from Rube II Helgeson, accomplished pursuant to the Public was repealed in 1982. representing the Pacific Records Act, and the Commission

Palisades Residents Assn., cannot take any action which urging that this regulation not be diminishes its responsibilities under repealed, nor that availability of that Act. public records be diminished or made more difficult, apparently in the mistaken belief that staff was now proposing an unspecified change in this regulation.

This section governs the method of The Commission received No amendment or repeal ofthis 13015 notification of Commission comments both from Mark regulation is anticipated.

meetings. Massara and from Rubell Helgeson urging that this section not be amended or repealed.

This section pertains to who shall The Commission received No amendment or repeal of this 13016 receive notice of proceedings on the comments both from Mark regulation is anticipated.

Commission agenda. Massara and from Rube II Helgeson urging that this section not be amended or repealed.

This section pertains to the setting The Commission received a No amendment or repeal of this 13024 and order of consideration of items comment from Mark Massara regulation is anticipated.

on the Commission's agenda. urging that this section not be amended or repealed.

This section concerns the The Commission received a No amendment or repeal of this 13025 prerequisite of notice for voting. comment from Mark Massara regulation is anticipated.

urging that this section not be amended or repealed.

-4-

This section governs the Dan Hallas, of the Malibu Trails 130.53.5 Commission's form for application Ass'n., recommended that this

for a permit and the information regulation be amended so that required to be provided at the time the description of the proposed an application is filed. development contain both

information concerning all detectable trails and pathways on the development site, and information about the intention of the developer to delete, realign or leave as existing such trails or paths.

This section details the notification Dan Hallas recommends that this 13054 requirements for permit section be amended to require

applications. that the applicant post a notice of the permit application at a conspicuous place, easily read by the public from a major roadway as well as by the public passing by the site of the proposed development. He states the reason for this to be that, since his group does not ride trials during the rainy season, and thus do not ride directly by the proposed site, they need posting which will inform them of the development.

This section details the content of The Commission received a 13057 application summaries required to comment from Mark Massara

be prepared by the Executive which recommends that the Director as part of the application Commission not amend or repeal review process. Many of the this regulation. requirements reflect the Commission's compliance with the California Environmental Quality Act(CEQA).

Public Resources Code section 30211 provides that development shall not interfere with the public's right of access acquired through use. However, 'detectability' of a pathway does not equate to its legal status under section 30211. This change, in conjunction with the change Mr. Hallas proposes to section 13054, would broaden the scope of notice to possibly apprise the Commission of an issue requiring further inquiry. The Commission's notice requirements, to the extent that they elicit comment from interested members of the public, as well as staff site visits, already serve that purpose. Therefore, staff recommends no change in this regulation at this time. The Commission's present posting requirement is intended to inform neighbouring residents and property owners of proposed development. In staff's experience it accomplishes this purpose. The extent to which this posting requirement should be expanded is a policy question involving balancing between additional public comment which may be obtained and added cost to permit applicants. Staff recommends no change to this regulation at this time, because present noticing requirements are adequate to inform interested persons of proposed development. No amendment or repeal of this regulation is anticipated.

ji .I

-5-

This section requires that the Dave Odell of Save Everyone's Staff is required to respond to all 13059 application summary (which is, Access recommends that this public comment prior to or at the

effectively, contained within the section be amended to require public hearing. This change would staff report) be distributed to that these summaries be tend to produce more written interested persons 'within a distributed 'in no case later than response to staff reports on certain reasonable period of time'. three weeks prior to the hearing'. items, but might tend as well to

He states, as a basis for this require staff to produce additional change, that early distribution addenda. It is the Commission's will provide the public sufficient judgment how to balance the benefit time for its comments to reach of these additional written the Commissioners prior to the comments with the cost of public hearing. additional staff time on these items.

In any event, this change could be effected by the Commission without any change in its regulation. Staff recommends no change in this regulation at this time.

This section provides that when a Mark Massara recommends that While this regulation is not

13061 sizable number of similar this regulation be deleted, and frequently utilized, there are communications on a project are instead, that all correspondence circumstances when hundreds of received, the text of each need not on each permit application virtually identical communications be reproduced but the Commission should be reproduced in full and are received, and reproducing all of shall be informed of the substance attached to staff reports. them in every staff report would of the communications. serve no informational purpose, but

would instead be very wasteful of limited state resources. Staff does not recommend that this change be made, because the regulation already requires that the Commission be informed of the substance of these communications.

This section relates to the notice of Dan Hallas recommends that this The purpose of this regulation is not 13063 permit applications required to be regulation be amended to to highlight or discuss issues, but

provided by the executive director. require, as a part of the rather to provide notice of the description of the development upcoming Commission in subsection (a)(3), a consideration of proposed description of 'any trails or development. Whenever an existing pathways to be deleted or trail or pathway is to be eliminated moved'. in a manner which may raise an

issue of prescriptive rights or affect some other coastal resource, staff discusses the issue in its staff report and proposed fmdings. Staff recommends no change to this regulation at this time.

-6-

This section relates to the conduct The Commission received a No amendment or repeal of this 13064 of the Commission's public hearing comment from Mark Massara regulation is anticipated.

on a permit application. recommending that this regulation not be amended or repealed.

This section relates to the procedure The Commission received a No amendment or repeal of this 13069 for Commission field trips. comment from Mark Massara regulation is anticipated.

recommending that this regulation not be amended or repealed.

This section details the required The Commission received a No amendment or repeal of this 13075 content, pursuant to the Coastal Act comment from Mark Massara regulation is anticipated.

and CEQA, of the Executive recommending that this Director's final recommendation to regulation not be amended or the Commission on a permit repealed. application. This section relates to the The Commission received a No amendment or repeal of this

13076 distribution of the final staff comment from Mark Massara regulation is anticipated. recommendation. recommending that this

regulation not be amended or repealed.

This section provides that any The Commission received a No amendment or repeal of this 13077 person may respond to the staff comment from Mark Massara regulation is anticipated.

recommendation in writing to the recommending that this Commission, subject to certain regulation not be amended or procedural limitations. repealed. This section specifies alternatives The Commission received a No amendment or repeal of this

13080 for Commission consideration of comment from Mark Massara regulation is anticipated. the staff recommendation. recommending that this

regulation not be amended or repealed.

This section requires the executive The Commission received a No amendment or repeal of this 13143 director to report to the local comment from Mark Massara regulation is anticipated.

government and to the Commission recommending that this any emergency permits applied for regulation not be amended or or issued. repealed.

-7-

.··•st•ff Comment

This section governs the procedure The Commission received a No amendment or repeal of this 13240 for categorical exclusions from comment from Rubell Helgeson regulation is anticipated.

permit requirements. indicating concern about expanding categorical exclusions.

This section, which pertained to The Commission received a As the regulation has been repealed, 13244.1 'adopted categorical exclusions', comment from Rubell Helgeson, no action is necessary.

was repealed in 1981. - apparently in the mistaken belief that staff was now proposing an unspecified change in this regulation, indicating concern about expanding categorical exclusions.

This section, one of ten sections The Commission received a As the regulation has been repealed, 13323 relating to appeals to the comment from Rubell Helgeson, no action is necessary.

Commission of locally issued apparently in the mistaken belief permits in localities exercising that staff was now proposing an permit jurisdiction under Public unspecified change in this Resources Code section 30600 (b) regulation, indicating concern [so-called dual permit jurisdictions], about expanding categorical was repealed in 1983. exclusions, and opposing any

diminution of the public's rights of appeal.

This section requires th~t notice of a Laura O'Neill Seaman, a San Either ten calendar days or ten 13515(d) local government's hearing on an Diego attorney, recommends working days, as is provided in this

LCP matter be transmitted to all that this notice be transmitted section, is the standard for legal interested persons and public not less than twenty days before notice in most circumstances where agencies not less than ten working the hearing, because the a proceeding is already ongoing, as days before the hearing. presently specified time does not would be the case with an LCP in

allow sufficient time to prepare a this circumstance. Staff does not response or to plan to attend a believe it is necessary to impose a hearing during working hours. more stringent standard upon local

government in this circumstance. Staff does not recommend any change to this regulation at this time.

This section requires the executive Dave Odell recommends that Commission action on LCPs is 13523 director to prepare a summary, with this section be amended to governed by.short statutory

specified content, of a submitted require that this summary be time lines (either 60 or 90 days after LCP or LRDP. It is, when distributed not later than four local government submittal). combined with the staff weeks prior to the hearing. The Requiring staff reports to be in the recommendation, the staff report basis for this would be to allow hands of the public more than four and proposed findings for the public responses to reach weeks prior to the hearing, Commission. This section does not Commissioners in time to review combined with the Commission's presently contain a time the comments prior to the monthly meeting schedule, would requirement, so that distribution hearing. effectively preclude adequate staff occurs at the time of the mailing of review of some submittals. If we the staff report. assume that this suggestion is

separable from Mr. Odell's suggestion regarding staff recommendations, below (see section 13532) it would require staff to produce two separate staff reports on submitted LCPs, which would be a significant drain upon staff resources. Interested persons who have been following the development ofLCPs at the local level will frequently have analyzed the proposal and its various alternatives for a year or more and will not need this additional time to adequately fonnulate a response either to the LCP or to the staff recommendation. Finally, to the extent that the Commission wants to direct that staff reports be circulated earlier than they presently are, this can be accomplished without amending the regulation. Staff does not recommend a change to this regulation at this time.

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Public ColllDJ.ertt ·.··.· · I This section pertains to the staff Dave Odell recommends that it Again, this suggestion presents a

13532 recommendation on LCPs. The be amended to require that the policy decision for the Commission regulation presently requires not fmal staff recommendation be regarding the utilization of its staff less than 7 days advance distributed within a reasonable resources. Requiring distribution distribution of the staff time but in no event less than 21 this far in advance in every case, recommendation. days prior to the scheduled given the statutory time constraints

hearing. for the Commission's LCP decision-making, would limit the ability of staff to properly analyze the issues and prepare proposed fmdings for the Commission in some of those cases. To the extent that the Commission wants to require its staff to produce a report in advance of the minimum time presently specified in this section, it can do so without amending the regulation. Staff does not recommend changing this regulation at this time.

This section provides, in relation to Dave Odell recommends that the As with LCPs, the Commission acts 13631 port master plans, that the executive Commission amend its upon port master plans within a

director prepare and distribute a regulation to require that this very tight statutory timeframe; and summary of the plan and the issues summary be provided 'no later unlike with LCPs, this timeframe presented and a recommendation to than 21 days prior to the public cannot be extended. Particularly the Commission prior to the hearing'. The basis for this with the more complicated and hearing. would be to allow the public to controversial plans which are

review and provide comment to submitted, staff needs time to the Commissioners well before properly analyze the issues the public hearing. presented and prepare proposed

fmdings for the Commission. Given the Commission's monthly meeting schedule, a time limit for distribution of the staff report in every case, as is suggested here, would be difficult for staff to meet. As with previous suggestions of this type, if the Commission wants to increase the review time in particular instances, it need not amend its regulation to achieve this. Staff does not recommend any· change to this regulation at this time.

-10-

This section, which pertained to Rubell Helgeson, apparently in As the regulation has been repealed, 13656 comments on the Draft the mistaken belief that staff was no action is necessary.

Environmental Impact Report for now proposing an unspecified sewage treatment works projects, change in this regulation, was repealed in 1982. expressed grave concern about

any reductions in environmental review.

This section, which involved Rubell Helgeson, apparently in As the regulation has been repealed, 13658 appeals to the Commission of the mistaken belief that staff was no action is necessary.

sewage treatment works projects, now proposing an unspecified was repealed in 1982. change in this regulation,

expressed grave concern about any reductions in rights of appeal.

This section, which pertained to the Rubell Helgeson, apparently in As the regulation has been repealed, 13660.2 review of an environmental report the mistaken belief that staff was no action is necessary.

for sufficiency, in the context of now proposing an unspecified consistency certifications for outer change in this regulation, continental shelf Exploration, expressed concern about any Development or Production Plans, reductions in environmental was repealed in 1979. review.

~

APPENDIX A

,.rATE OF CALIFORNIA- THE RESOURCES AGENCY

r-- . CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET. SUITE 2000

SAN FRANCISCO. CA 114105-22111 VOICE ANO TOO (415) 104-5200

MEMORANDUM

August 30, 1995

TO:

FROM:

SUBJECT:

Commission~ and Interested Persons

Ralph Faustfthief Counsel Dorothy Dickey, Deputy Chief Counsel 1:0·

Schedule and Work Plan for Regulatory Review and Reform

The Governor has fonned a Regulatory Review Task Force that has developed a plan under which state agencies have been asked to review and, where appropriate, to refonn their regulations. (See Attachment A.) The Resources Agency is coordinating this effort with respect to its constituent departments, boards and commissions. The Resources Agency has requested that the Coastal Commission focus its efforts on 288 regulations, which are listed in Attachment B. It has requested that the Commission and other agencies develop a schedule for review of regulations that "regulate the activities of businesses, organizations or individuals outside of state government" that would provide for public suggestions by mid-December about how to revise regulations.

PROPOSED SCHEDULE AND WORK PLAN

The proposed schedule and work plan are intended to provide the Commission with an opportunity to address the regulatory concerns of members of the public who are affected by the Commission's regulations in an organized and comprehensive manner. The first step will be to ask members of the public to submit their comments in writing, using a form that the staff has developed, based on criteria identified by the Resources Agency and the model work plan that Resources has suggested. The staff will collate the public suggestions and present staff comments to the Commission. At the same meeting, the Commission will take public comments about the staff report.

September 1

September 13 - 15

Commission staff is circulating a fonn to create a mailing list in the meeting agenda

Commission approves a schedule and work plan

PETE WILSON. Gowmc.·

,I '

l

Regulatory Review and Reform August 30, 1995 Page -2·

October 1

November 1

November 1 - December 1

December 12- 15

Notice is mailed to the public

Deadline for members of the public to submit suggestions

Staff collates public comments

Commission hearing and public comment

PROCESS TO AMEND TBE BEGVLATIONS

Once the Commission reviews the staff's comments about suggestions and proposals submitted by members of the public, the Commission may elect to amend its regulations by undertaking a rulemaking proceeding under the Administrative Procedure Act (Government Code section 113400 ~SQ.). The rulemaldng process takes a number of months and includes various procedural steps such as publication of notice, preparation of various documents requin:d under the AP A that must be made available concurrently with the notice, a public comment period of at least 45 days, an additional notice and comment period if the Commission makes substantive changes from those which were originally proposed, formal adoption, preparation of docmnents required under the AP A after adoption ofreaulations, review by the Office of Administrative Law {OAL), and, if approved by OAL, filing of the amended regulations with the Secretary of State.

BECOM~NQEDACDON

The staff recommends that the Commission adopt the schedule and work plan set forth above.

Attachment

a:Lcgal Advic;c\RcJVCv.doc:.

The Resources A~tency

• of California nou~J P. Whonlt'!f· .'iccrcto.ry

ATTACHMENT A

(':AJlfnnUil t':M ... UI'Ift (:U.l"" • I:NJMI'II'II

Title 14 California Coastal Commission Table or Contents

Division 5.5. California Coastal Commission

TABLE oF CoNTENTS ATTACHMENT B

Chapter 1. General Provisions

Article 1. Interpretation of Regulations

§ 18981. § 18982. t 18888. §18884.

Article 2. § 13008. § 18987. § 18889. t 18818. § 13011.

f 13012.

Article 3. t 11811.

p.,. (alii ef R .. wllllie.w EIIIIIMIIIiiR •• RN IRIII l::lee ... Eleel.

Regioue1 Somnlillien.

Definitions Aggrieved Pereon. J\tlllli ..... MeMIIIMhip.

Filing ef M AtltllilllliiR Finlt Public Road Paralleling the Sea. Major Public Works and Energy F IICililiea.

Official Records l .... llliiR ef PWII Re111a

Chapter 2. Me lings Article 1. Regular Meetings-Time Article 2.

111111. f 11811. t 188f7.

R~~otlce eftldlfiutirA

l .. llliltMta.iu

Article 3. Soecial Meetings f.,18188~1Hil".-. --~~~-~~~ltle81We""C:.IItllllel8.11 tf..,11149iH1•1.:ii.-. -4ta.Jitiltia-.l

Article 4. Emeroencv Meetings t 1ee1e. li~••"' ra ... 1'§~1981!81!&8.~-4tlleetitil·a•l.

Article 5.

§ 18QQ1. §18&.

§ 1881i!8.

§ 1 881i!4. § 198£5. § 1892&.1.

§ 1881i!8. §13QQ7.

Meetings-Quorum and Procedures

QweiUAl. \'atiAg tlwFAMr Aeq· lia:ed to Atdheriee ,,RIA. Pr•••_. .. ,. AsatiMtst•e 8"1" n' -e..-. AteA818 ..

Afii'IBIWIM ef lilliFAIII. R ...... !lefiiAeetiRII.

Page

589

589

588

590

Chapter 3. Officers and Staff 591 . Article 1 . Officers 591

§ 1 88QI. iele alia A Mil 'TerM ef 6hlli.,...... &All Viae Clui!piRIOA

§ 188129. 9wti• If ~lli!piRIOA. § 18889. Swli11 at "iae C~lli~reon

Article 2. Staff 591 § 18981. EneM\'e 9iFeetiF ...,.aiA*"'IFI*

Mel'felwl.

.,.._ I

Page

'18882. Stili• aRe 9elegatieR. '18888.

Chapter4. Cslifomia Coastal Commission-Conflict of Interest Code

Chapter 5. Coastal Development Permits Issued by Coastal Commissions

§ 13050. Scope of Chapter. § 13050.5. Permit Juriediclion over Portions

of a Development Not Within the Coastal Zone.

§ •••.

s 11911.1: Subchapter 1.

Article 1.

f 13062. §13053.

Article 2. § 13053.4. f 13053.5.

f 13053.8. Article 3.

§ 13054.

Article 4.

§ 13055.

Article 5.

SeFnFnilei111. Refer11 .. 1 •• ill18111i'• giFntu

Regular Permits When Local Aootications Must Be Made First

When Required. Where PreJiminMy ~Are Not Required.

Annllcation for Permit ~ Permit Application.

AppJiclltion Form and lntormation Requirwnentll. Amendrn1nt of Applicalion Form.

Notice Notification Requirements.

Schedule of Fees for Filing and Processing Permit Acolications

i=8ee. Determination Concerning Filing

§ 13056. Filing.

Article 6. Application Summaries ~~~1~8~N~7~.----~S~e~~~·~~~m-.. § 13058. Coneolidation. § 13059. Distribution.

Article 7. Public Comments on ADOiications

§ 13oeo. bistribution of Comments. S 18981. ;relltFAeAt ef iiMilar

Article 8. § 13062. § 13063 .

Article 9. t 188&4. § 13065. § 13088. § 13067. § 13068.

Article 10. §1891Q .

Hearing Dates Scheduling. Notice.

Oral Hearin~ Procedures Se~ewet ef 1 • i"tJ. Evidence Rul86. Order of Proceedings. Speaker's Preeentatione. Other Speakers.

Field Trips f&iela T1ip1 Pl'oOC*IutM

592

592

592

594

595

595

596

596

596

597

Cll-31-93)

Table of Coa&elds BARCLAYS CALIFORNIA CODE OF REGULATIONS Tltle14

Pllge Pllge

Artide 11. Additional Hearings, s ....... liiMIItj' afli1411i1AII CIIIIJIIAilliiA Withdrawal and lituitieA Oft-Calendar hems. Subchapter 2. Appeals to State Commission 802 ( Amended Applications 597 § 13110. COmminion Procedures upon

§13070. Continued Hearings. Receipt of Notice of Final Local '13071. Withdrawal of Application. Action. t 13072. Proceduree for Amendld § 13111. Filing of Appeal.

Application. § 13112. Effect of Appeal.

ArtiCle 12. Preparation of Staff § 13113. Groundl of Appeal. § 13114. De Novo Review.

Recommendation 587 s 13115. Subetantiallaeue Determlnalion. f13073. Staff Analyeie. §13118. Withdrawal of Appeal. 113074. Submileion of Adcltional Written § 13117. Qualifications to Teetify Before

EW:tence. Commileion. f 11Q:iEI, fi:ll'tal&ital AIIIIMIMII'IIIillllill'l. § 13118. Evidenc:e. , .... litilllllttiMII'IIfflliRalltilfl • 411111 llll...._..afReurl•u.

AIIIIMIM-IIIiiiA t 181QV: CIIIIJIIIIIIMIIA .lalilillalieA .. li.iAal '111Wf". WriiMAIIIIIRIIM..., ~

Aa~~e1Mf1'181'llt1Mal'l• Subchapter 3. ~ications Filed Under 1he Article 13. Commission Review of Staff fomia Coastal Zone

Recommendation 588 Conservation Act of 1972 803 ..... A.'te"'iltiveefer A.WM11af ltilfl Subchapter 4. Permits for an~val of Aaea"'"''".tllliaA EmergencyW 803

§13081. Staff Racommandlltion Included in Application Sulnrnery. Article 1. General 803

f 13082. Verbal Staff Recommandatlon § 13138. Scope of Subchapter. upon Conclulicn of Public § 13137. lmmectate Action Required. Hearing. Article 2. ~ns 803 § 13083. Conaidaralion of Staff § 13131. of Application. Recommendation at a Maelng § 13138. Nac:laaa.rt Information. Sub11quant to the Oral Hearing.

113084. Procec:lurw for P......tation of Article 3. Procadlns 803 Staff AacommandllliDn Md §13140. 'leriflc6n of Emergency. Raepor"'lllll of ll"'tenMMted Partlee. 141U1. c .......... lilc41C111ive

113085. Applicllnt'8 POIIpOIIII'IMII'IL .......... Cellllllllil ioR §13087. Aeac:haduling. '13142. Criteria for Granting PenniL

Article 14. Voting Procedure f1IUI. Allllrltl .. CIIIIJIIIIIIMIIA. - Article 4. Emfi98"CY Actions Without a 511111. Jtfeli"' ..... liiiiiMIIIIIA.tatieA. f1-1z JMifiRI =AMI Mill UIAAir. Permit 804 , .... U.ltal',... '1Ad1rV.IIIcM• f1S144. W.. of Emergency Pamit

Serlellil .... R .......... t 111881. •• Valli Subchapter 5. Proc::a:tures for Administrative ..... lielil'lllill~uulwre Permits 804 '11181&. 'JeliRt ate; Mamlil1r1 •1111A& fNAI

io4111il'll Article 1. General 804 f 13088. Commieeion Flndinge. § 13146. Scope of Subchapter.

Article 15. Consent Calendar Article 2. Application for Administrative Procedures 800 Permits 804

§ 13100. ConMnt Callndar. f 13148. Applica1t's Statement. § 13101. Proc:aduree for Ooneent §13147. Appliclllione Not Thought to Be

Calendar. Administrative. § 13102. Condltionl to Ooneent Calendar §13148. Ccpiee of Application.

Items. § 13140. Notice. § 1310S. Public Hearings on Consent Article 3. Criteria for Granting

Calendar. Administrative PermitS 805 Article 18. Revocation of Permits 800 §13150. Criteria n Content of Permits.

§13104. Scope of Article. '11118.&: Ql'itarla tar 8iR!fla liiaMily

f 13105. Grounds for Revocation. '13151. &wllliRIIo

5 1310f5. Initiation of Proceeclings. Refuaal to Grant-Notice to f 13107. Sutlpeneion of Permit. Applicant § 13108. Hearing on Revocation. § 13152. Application to Commillion. 511181.&: r:il'lalit}' .. RlliiRal CallllllllillieA Article 4. Reports on Administrative

; ...... Permits 805 Article 17. Reapplication 801 '13153.

Repon. on Administrative

§ 13109. Reapplication. Permits.

Aflllel: At~Peal& 805 Article 18. Reconsideration 801 Subchapter e. Permits eos § 13108.1. Scope of Article. (

f 13109.2. Initiation of Proceedings. Article 1. Format of Permits 805 t 1818fU. IIIIIIIAiiiR .. •ppaal '18111: RlfiiiRII .. RllieAal §13109.4. Ground8 for Reconeideration. eemmilliel'l• § 13109.5. Hearing on Reconsideration. f13158. Contanta of Permits.

12-31-93

Title 14 California Coastal Commission Table of Contents

Page Page

Article 2. Notice of Receipt and § 13205. Acknowledgment Hearing AcknowiEtdgment 606 Procedure.

§ 13158. Notice of Receipt and § 18298. l'\j!I!Jeal te ttle GeMMieeieR. Acknowledgment. Article 2. Grant of Claim 609

Article 3. Time for Issuing Permits and § 13207. Effect of Veeted Right. Dis1ribution 606 § 18298. t•etifieetiel'l fe ...,eel Qe tePI'IM81'1t.

§ 181H. l•u•a of Pauu::Hs. Subchapter 2. Vested Rights Under the §13161. Distribution of Permit Copiee. California Coastal Zone § 1818i. tletiee ef PePMite. Conservation Act of 1972 609

Article 4. Disputes over Contents of Subchapter 3. Permits ~roved by the Permits 606 California oastal Zone

§ 13163. Dieputee over Contents of Conservation Commission Permits. Prior to Janua~ 1, 1977 609

Article 5. Amendments to Permits 606 § 18211. Elteet ef PePMitA"&Atea t.IAEier

the GalifeMia Geaetal 6er1e § 13164. Applications for Amendments. GeAeeFI •alieA AG& et ~ ;;t:;z § 13165. Amenc:lments to Administrative § 18iH!. ,t,Mei'I8Meflt ef "'•••rae&

Permits. Geul!litiel'l8 il'l 19~ ,t.et PerPI'Iite. § 13166. Amendments to Permits Other § 13213. Extension of Permits Granted

Than Administrative Permi1B. Under the 1972 Act. § 13168. Application Fee.

Subchapter 3.5. Development on Parcels Article e. Extension of Permits 607 Added to the Coastal Zone

§ 13169. Extension of Permits. on January 1, 1980 609 Article 7. Assi9nment of Permits 607 Article 1. Review Provisions 609

§ 13170. Aeeignment of Permits. § 13214. Scope.

Subchapter 7. Enforcement and Violation of § 13214.1. Obligation to FHe. § 13214.2. Claim Forms. Permits 808 § 13214.3. Initial Determination. Article 1. Enforcement § 1U14.4o Nlillilile

A sibilities eoe § 13214.5. Acknowledgment Hearing § 11171: = ....... Procedure. § 13.314. .,.._Ill tG #le CliiA:~~eeklR § 13172. Violation of Permits. § 13173. Enforcement of the Coastal Act. Article 2. Grant of Claim 610 ~ 111.74: I ' § 13214.7. Effect of Acknowledged Claim.

§ 1G1U, NetifiQIIMA tG l.eGai t;iioi•JRIMAt.

Subchapter 8. Procedures for the Issuance of Subchapter 4. Urban Land Exclusion 610 Commission Cease and Desist Article 1. Commission Review Orders 608 Procedures 610 § 13180. Definition. § 13215. Urban Land Exclusion. § 13181. Commencement of Ceaee and

Deeillt Order Proceeding Before § 13216. Local Government Requeet.

the Commiseion. § 13217. Material Supporting Request for

§ 13182. Distribution of Notice of Hearinge Exclusion.

on Propoeed Ceaee and Desist § 13218. Preliminary Review of Exclusion

Otder. Request.

§ 13183. Contents of an Executive § 13219. Submission and Filing of

Director's Recommendation on Requests and Supporting

Propoeed Ceaee and Desist Material.

Order. § 13220. Commission Review of Request

§ 13184. Distribution of Executive § 13221. Commission Action on Request

Director's Recommendation. § 13222. Effective Date of Urban

§ 13185. Procedure for Hearing on Exclusion.

Propoeed Cease and Desist § 13223. Denial of Requeet for Exclusion.

Order. § 13224. Termination of Final Request

§ 13186. Evidence Rules. § 13225. Amendmen1B to Order Granting

§ 13187. Contents and Reporting of Cease Exclusion.

and Desist Orders. Article 2. Environmental Impact Review § 13168. Reeciasion or Modification of Pursuant to the California

Ceaae and Desist Orders. Environmental Quality Act 612 Appendix A 808.3 Article 3. Implementation of Urban

Chapter e. Exclusions from Permit Exclusion Order 612 Requirements 808.7 § 13230. Effect of an Order Granting

Exclusion. Subchapter 1. Claims of Vested Rights 808.7 § 13231. Interpretation of Exclusion.

§ 13200. Scope. Article 4. Relationship to Local Coastal Article 1. Review Provisions 608.7 Program 612

§ 13201. Obligation to File. § 13234. Termination upon Adoption of § 13202. Claim Forms. Local Coastal Program. § 13203. Initial Determination. § 13235. Applicability of an Exclusion to § 13204. Notice. the Local Coastal Program.

~ ... IIi (ll-31-93)

Table of Coatents BARCLAYS CALIFORNIA CODE OF REGULATIONS Tltle14

P8ge Page

Subchapter 4.5. WaJver of Permit '1111Ji!.t .... COIMMiMieA ktioA Wilbo' d R!Jquirements for De f1SH7.1:

a. ~Ia• • lllwlalkil WeariAg. Mimmis Development 812 a.lie QaMMi.ilfl .f,lliiFIIJ.tc•iiR Ill (

113238. Scope of Subchapter. Be N.,.. Flwlllia WelliAg

§ 13238.1. Application. f1llli'.l. fihcelifieatiiRI ta 'fllity lilet.re f 13238.2. Allport fD the Commillion. the Gai"MiilliiiAw . ,..,,,, i'll'i~ ......

Subchapter 5. ~~Exclusions 813 §13257.5. AdopUon by State Comml88ion. I1U40: COII&III,_.IivcllllioPe Article 4. Withdrawal and

Article 1. Commission Review R~on 818 Procedures 613 §13258. awal of Boundary

§ 13241. ~for Exclulion. Adjustment Requeet.

§13242. Hearing ProoecUee. §13258. Reapplication.

§13243. Commiallion Action on Order Grdng Ellchllion. Chapter7. Coastal Oevelo~ent-Permits

§13244. Order Gmnting Exdulian. Issued by loca Governments and 841a44:h • .., .. ,CO ... III'iall iMiulli;Ae. Other Public Agencies 818 '132-46. lnterprelllion, Amendmart or

Tennilllllion of Excllllion Order. Subchapter 1. Coastal Development

Article 2. Implementation of Permits Issued by local Governments 818

Categorical Exclusion §13300. Applicability of Chapter to Order' 814 Devefopments Within the Coaetal

§13247. Eflecl of a Cetegorical Exclllllion Zone. Order.

Article 1. local Govemment Coastal §13248. Nolilcalion of c ... ·llopment ~. Development Permit

§13249. Tennilllllion of Order Granting Pr9gram 818 Exdullion. §13301. COa.tal Development.

Subchapter 8. gxiating Single Family Article 2. Requirements for the local Residences 814 Government Coastal

f 13250. Addtionl ~ Exilting Development Permit Single-Famly Reeidlncea. System 818

Subchapter 7. Repair and Maintenance § 13302. eo-tal Development Ptlrmlt

Program Content. Activities That Require a § 13303. . Alternative PJocedures for Permit 815 Implementation of a Local

f1S262. Repair and Mairlllel•• of aov.nment Coaetal Acllvilill RecPring • PMnil Development Pennlt Program.

Subchapter 7.5. =ements to S1ructures, § 13304. Notice of Intent Altemalive. §18881. .. eeiQeuiMM8M0flllilllaA81 than Single-Family ......

Residences and Public § 13308. Coaetal Development Feee. Works Facilities That §13307. Map of Areae Where Coastal Require Permits 815 Commission Permit Is Required.

§ 13253. lnlPfowmenll That Require Artk:le 3. local Government Permita. Issuance of a Coastal Subchapter 8. Minor~ to the Development Permit 819

Coastal one Boundary 818 § 13311. Issuance of a Coastal De'lelopment Permit. Article 1. Boundary Adjustment s 13313. Finality of Local Action.

Requests 818 Article 4. Coastal Commission § 13255.0. Scope. Review of local Coastal § 13255.1. Request for 8owldary

Adjuelmenl Development Permit 620 § 13255.2. Noliication Requnmente. §13815. Notice by Local Government.

§ 13318. Receipt by Executive Diredl:lr.

Article 2. Commission Action on § 13317. Notice by Executive Director. Boundary Adjustment § 13318. Filing of Appeal from the lseuance of a Coastal Request 817 Development Permit.

§111iliU. GeMilliallltlan ~~ AaliaAII! § 13319. Filing of Appeal from the Denial s. .......................... of a Coastal Development §13258.1.

lileWRIII•y , ....... Permit. Staff Review. § 13320. Effect of Appeal to the

§ 13258.2. Commislion Action on Boundary Commle8ion. Adjuetmenl § 13321. Comminion Coneideration of

Article 3. Commission Hearing Appeal.

51 .... • .. ,a lite COeMMilliiR. and Voting Procedure 817 § 13325. Notification of Commieeion

§18151.9. SeMI'I'IialliM PlatiaR ..-" Ae;eipl Action to Local Government of AegiMal QeMMillilfl ... ,. ~:tt'aaeflllll•el¥iflllo•al Reeelflfn81llillliilllll. 6eoM'IM8M "-'*•' AeAaiL

Title 14 California Coastal Commission Table of Contents

Page Page

SUbchapter 1.5. Permits Issued and § 13357. Procedure for Plan Review Reviewed by Local Following Certification of a Local Governments and the Coastal Program(s) in the Commission Pursuant to Affected Area.

Certified Land Use Plans 621 Article 4. Project Review 625

Article 1. Procedures for the Issuance § 13358. Coastal Development Permit

Review Concurrent with Public of Administrative Pennits by Worka Plan Review. a Local Official 621 § 13359. Specific Project Review

§ 13328. Scope of the Article. Following Certification of Pl.blic: f 13328.1. Applicant's Stafemenl Works Plan. § 13328.2. Application& That May Qualify for Article 5. Project Review After

an Administrative Permit. Certification of Local t 13328.3. Copies of Application. Coastal Program 628 §13328.4. Notice. § 13328.5. Criteria and Content of Permits. Article 6. Amendment of Public §13328.6. Refusal to Grant-Notice to Works Plan 628

Applicant. § 13385. Application for Amendment to §13328.7. Reports on Administrative Public Works Plan.

Permits. § 13366. Public Hearings Prior to §13328.8. Appeal of Admini81rative Permit. Submission of Application for § 13328.9. Amendments to Adminietrative Amendment to Public Works

Permits. Plan.

Article 2. Emergency Pennit § 13387. Rejection of an Application for Amendment. Applications Processed by §1~. Acceptance of Application for Local Officials 622 Amendment-Minor Amendment.

§ 13329. Definition of Emergency. § 13369. Aooeptance of Application for § 13329.1. Applications. Amendmenf-Regular § 13329.2. Verification of Emergency. Amandment. § 13329.3. Criteria for Granting Permit. §13370. Notice of Propoeed Public Wortw § 13329.4. Report to the Governing Body of Plan Amendment

the Local Goverrment and to the § 13371. Procedure for Review of Public Coastal Commieeion. Works Plan Amendment.

Article 3. Appeals to State ChapterS. Implementation Plans 627 Commission Prior to Subchapter 2. LocaiCoastaiP~ams Certification of a Local (LCPs) and State niversity Coastal Program 623 or College L~ Range § 13330. Scope.

§ 13331. Notice of F'ln&l Local Action. Development ans §13332. Commialion Procedunl& upon (LRDPs) 627

Receipt of Notice of Final Local Article 1. Scope and· Definitions 627 Action. §13500. Scope.

§ 13333. Filing an Appeal. § 13502. Definitions. § 13334. Effect of~.

Article 2. Issue Identification 627 § 13335. Grounds of Appeal. §13336. De Novo Review. § 13503. Methodology for Identifying § 13337. Substantial Issue Determination. Issues. § 13338. Withdrawal of Appeal. § 13504. Commission Review of :ssue § 13339. Remand to Local Govemment. Identification. § 13340. Qualifications to Testify Before §13505. LCP Work Programs for State or

Commission. Federal Funding. § 13341. Evidence. Article3. (Reserved) 628 § 13342. Standard of Review. Article4. Methodology 628 § 13343. Commission Notification of Final

Action. § 13506. Preparation Of Local Coastal Program for Separate

Subchapter 2. Public Works Plans 624 Geographic Units. Article 1. Scope and Applicability of §13507.

Commission Preparation of a Local Coastal Program.

Subchapter 624 § 13510. Separate or Combined Long § 13350. Scope of Subchapter. Range Development Plan. § 13351. Applicability of Subchapter. § 13511. Common Methodology.

Article 2. ~lication Requirements 624 § 13512. Public Access Component. § 13352. aiver of Preliminary Approvals. § 13513. Uses of More Than Local

§ 13353. Information Requirements. Importance.

§ 13353.5. Public Hearing Prior to Filing of § 13514. AHernative Methodology. Public Works Plan. ArticleS. Public Participation 630

§ 13354. Filing of a Plan. § 13515. Public Patticipalion and Agency § 13355. Environmentallntormation. Coordination Procedures.

Article 3. Plan Review, Procedures Article 6. Preliminary Review of and Findings 625 LCPs and LRDPs 830

§ 13356. Procedures for Plan Review Prior § 13518. Staff Review During Preparation. to Certification of Local Coastal § 13517. Preliminary Review by the Program(sl in the Affected Area. Commission.

P!l ... v (12-31-93)

'lable of Coateats BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14

Page Page

Article 7. Submission of LCPs and . §131553. Review of Filing. LRDPs 831 §13554. Minor Amendment, Definition. ( f 13518. Reeolution tor SUbmiltal. f 13555. Dealgnation of Amendment ae

§ 13519. Contents of Submittal. Minor. §13520. Review of Filing. Article 16. Environmental Impact

Article 9. General Review Procedures Review-Local CoastaJ for LCPs and LRDPs 832 Programs and Long Range

113522. Hearing Schedule. Development Plans 838 f 13523. Sl.tmrMy of the LCP or LRDP. f 13557. Review and Comments on Draft 113524. Written Nollce. Environmental Documents. 113525. Oitltrb.llion of Public ComrMnbt. §13568. Effect of Comments and f 13528. Conduct of,....,.......,... Preliminary Review by the

Article 10. Review of Land Use Plans: Commieeion.

f1S558. Submieeion of Final Oeterrnina11on of Substantial Environmental Documents for Issue 832 LRDPa.

113528. Staff Recommelldlllion on Article 17. Local Coastal Program Subetanlia( .......

f 13528. Olterminllllon of Sublta1llal Implementation ..... Regulations 839 Article 11. Commission Action on Land

§1S580. Scope of Article. §13583. Existing Local Procedures.

Use Plans and LRDPs 833 §13686. Notice of Appealable §13530. Addtional Heatg on Land Uae Developments.

PWis. §1556. Public Hearing on Appealable f 13531. Staff~. Oevelopments. §13532. Staff Rec::ommendatio §13587. Notice of local Government I 13533. Commenllt on Staff Action When Hearing Continued.

Recommenclalion. § 1315e8. Notice of Non-Appealable §13535. Wilhdrllwal or PoefpM lfll'llent d Dlwelopments.

Action. § 13518. Determination of Applicable §13531. Amelldment Prior to Commillion Notice and Hem1g Procecklree.

Action. '13570. Finality of Local Govemment f1S537. Cornmielion Action on Lanct Uee Action.

PIM.or LROP. § 13571. Final Local Government f1S538. Vollng Pn:lcedure. Acliol-.-..otk:e. §1S639. Voting lJII MilrnbeN ~ hm §13572. Local Government

Hearing. Ac:ticm-Effective Date. §13640. Findings for Certilcllon. § 13573. Exhaustion of Local Appeala. § 13541. ~of Land u. Plan tf §13574. Proceduree for Open Space

CertHicallon .. ReUed. Easements and Public Acceee Documents. ..

Article 12. Commission Action on Article 18. Map Requirement and Implementation Actions of LCPs 636 Boundary Determination

§ 13542. Commilllion Relliew and Action. Criteria 641 Article 13. Confirmation of LCP

§13576. 1\Aap(a) of Areas of Commieeion Permit and Appeal Juriediction.

Certification 635 § 13577. Criteria for Permit and Appeal § 13544. Effective Date of Cellilicalion of a Juriediction Boundary

Local Coastal Program. Determinations. § 13544.5. Effective Date of Cetllficalon of a Subchapter 6. Ports 642

Land Uee Plan. § 13545. Effect of F'lnal Cerlification of Articfe 1. Sc;ope and Jurisdiction 642

LCP. § 13800. Pol'ts Covered by This §13545.5. Effect of F'11181 Celtllcation of Subchapter.

Land Uae Plan. § 13801. Port Boundary Maps. § 13546. Final Certification and Incomplete Articfe2. Delineation of an Area as a

Permit Review. Wetland, Estuary, or Existing Article 14. Confinnation of Final and Recreation Area 643

Effective LRDP Certification 113610. Effect of Delineation as a and Subsequent Review of ~.Esruery,orExnmng Developnlent p~ 836 Recreation Area.

§ 13547. EffectiVe Date of certification. Article 3. Coastal Development § 13546. Effect of Final Certification of Permits Prior to

LROP. Certification 643 § 13549. Notice of the lmpeJdng §13620. Pre-CeJtification Coastal

Development. Development Permits. § 18560. Commiuion Rtwiew d

Articfe 4. Preparation and Review of Development PI'Ojeca. Article 15. Amendments to Certified

Port Master Plans 643 §13625. Contents of a Master Plen. i

LCPs and LRDPs 637 § 13828. Notice of Completion. \ § 135151. Local Golremment Resolution. § 13627. Notice and Public Hearings. § 13552. Contents of LCP or LRDP §13628. Submieeion of Master Plan by

Amendment SubmiUal. Port.

II

Tide14 California Coastal Commission Table of Contents

Pege Pege

§ 13829. Informal Commitslion Review. § 13854. Filing of Preliminary Application; § 13630. Public Hearings. Waiver of Prelimmary Approval § 13631. Staff Reports. Requiremenls. § 13632. Certification of Port Master Plan. § 13655. Initial Public Hearing. § 13633. Withdrawal of Master Plan or § taess. Sel't'lffteAte eR GlFaft

Poetponement of Action on Enwhot111tentelll'fll'ael: RepeFt. Mflllter Plan. § 13657. Commission Vote on the Permit

§ 13634. Amendment of Port Mflllter Plan Application. Prior to Commitseion Action. §188iS. ~Jileal tG' V:le CQI¥ll¥liee10R

§ 13635. Effed of Rejection. Chapter 10. Federal Consistency 647 §13636. Amendments to Master Plan

After Certification. Subchapter 1. Commission Procedures §13637. Minor A.rnendmentll. for Consistency Certifications Article 5. Notification and Appeals for Outer Continental Shelf

After Certification 845 l?CS) Exploration, §13640. Notification of Appealable evelopment or Production

Developments After Certification Plans for OCS Related of Master Plan. Federal Permits 647 § 13841. Appeale After Certificalion of § 13660. Definitions. Master Plan. § 13660.1. Preliminary Consultation.

Article 6. Environmental Impact § teeee.e. Revie\\' ef EA >'ireAI'fleAtel RepeFt fer S~:~lieieAe'l e# IR#erfftaliGR. Review-Port Master Plans § 13660.3. Submission of Consistency and Development Certification. Undertaken in Port Areas 845 § 13660.4. Staff Summary,

§ 13645. Review and Commem on Recommendation, and Hearing Environmental Documents. Notice.

§ 13848. Stbrniseion of Final § 13660.5. Conten1B of Summary and Environmental Impact Reports or Recommendation. Negative Declaration. § 13660.6. Conduct of Hearings on Staff

§ 13647. Notification of Non-Appealable Recommendations on a Developmenta After Certification. Conlistency Certification.

§ 13848. Effeds of Comments. § 13660.7. Coneent Calendar Procedures. § 13660.8. Final Commislllion Decision.

Chapter9. Sewage Treatment Works 848 § 13660.9. Appeals Procedure. Subchapter 1. Review of Sewage

§ 13660.10. Required Amendmen1B. § 13660.11. Multiple Permit Review.

Treatment Works for Which § 13660.12. Associated Coastal Development Request for State and/or Permits. Federal Funding Has Been § 13660.13. Monitoring of Federal Permits. Made to the State Water Chapter 11. Energy Facilities and LCP Resources Control Board 648

"Override" Procedures 650 Article 1. Scope 648 Subchapter 2. Certified Local Coastal §13650. Scope. Program (LCP) Amendment § 13651. Staff Involvement.

"Override" Procedures 650 Article 2. Completeness of § 13666. Applicability.

Application 646 § 13666.1. Information Requirements for § 13652. Completeness of Application. Preliminary Determination of

Applicability. Article 3. Filing, Hearings, and § 13666.2. Submittal to Local Government.

~Is 647 § 13666.3. Commission Review. § 13653. g and Hearing Procedures. § 13666.4. Required Findings.

1-

RECORD PACKET COPY m 1 s

APPENDIX B

§ 13003

FORM FOR PUBLIC COrv1IvlENT ON

COASTAL CO!viMISSION'S REGULATIONS

INSTRUCTIONS: · Fill out a separate copy of this form for~ regulation about

ATIACHMENT B

. which you wish to comment and submit the completed form to the ·Legal Division, California Coastal Commission, 45 Fremont ·Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

TelephoneNumber: l..f!~- {s:L;S-lOO~

Regulation Section Number: I -=:,c) 0 3

"-, I a) Does the regulation duplicate another regulation? "" Explanation:

b) Does the regulation duplicate another program? Explanation:

c) Does the regulation duplicate a federal regulation? Explanation:

1 If the answer to any question is yes. please provide an explanation in the space provided under the question.

d) Is the regulation implementing a repealed, expired, or superseded statutory mandate?

Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements?

Explanation:

f) If the regulation were changed, how would that affect your interests? Why is the change beneficial?

Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underUne to show language that you recommend be inserted and s1ri1Eeel:H to show language that you recommend be deleted.

\\cs -kl u\~n\)Y\

§ 13013

ATTACHMENT B

FORM FOR PUBLIC COMMENTS ON

COASTAL COMMISSION 1 S REGULATIONS

INSTRUCTIONS: Fill out a separate copy of this form for .e.aQb regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont St, 20th Floor, San Francisco, CA 94105 by Hoyember 1.

Name: &ubell Helgeson

Organization: Pacific Palisades Residents Assn .. Inc.

Address P.O. Box 617

Pacific Palisades. CA 90272

Telephone No: ~'~3·1~0~}~4~5·4~-.4.2&5.4___,___,___.___, ____ ___.___.___,___.___, ________ ___

Regulation Section Number: 13013

a) Does the regulation duplicate · another regulation?

Explanation:

b) Does the regulation duplicate another program?

Explanation:

c) Does the regulation duplicate a federal regulation?

Explanation:

ns_l

X

X

X

1 If the answer to any question is yes, please provide an explanation in the space provided under the question.

ATTACHMENT B, pg. 2

d) Is the regulation implementing a repealed, expired or superseded mandate?

Explanation:

e} Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? X

X

Explanation: Inspection of the public records is essential to maximize public participation and to protect the public's legal rights. The availability of public records for inspection must in no way be diminished or made more difficult.

f) If the regulation were changed, how would. that affect your interests? Why is the change beneficial?

Explanation: If inspection of public records were made more costly or difficult, the rights of the public to full knowledge and participation are obviously diminished.

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that your comment be inserted and seP~~eaa~ to show language that you recommend be deleted. ·

-2-

§ 13015


COASTAL COMMISSION'S REGULATIONS

ATI'ACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for .e.ac.ll regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont St, 20th Floor, San Francisco, CA 94105 by Noyember l.

Name: Rubell Helgeson



Pacific Palisades, CA 90272 Telephone No: ~CA3•1~04)~4.s.4_-4._2.54._ ______________________________ __


a) Does the regulation duplication another regulation?

Explanation:


Explanation:


Explanation:

n.s_1 NO

X

X

X


ATTACHMENT B, pg. 2 RE: sec. 13015


Explanation:


Explanation:


Explanation: No reduction in requirements would be beneficial.

X

X

public notice

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that your comment be inserted-and ea~ikee~e to show language that you recommend be deleted.

-2-

FORM FOR ~UBLIC COMJviENT ON

COASTAL COl\11v1ISSION' S REGULATIONS

ATTACHMENT B

INSTRUCTIONS: Fill out a separate copy of this fonn for~ regulation about which you wish to comment and submit the completed fonn to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 941 05 by November I.

Name:

Organization:

Address: '

Telephone Number: 4'! ")- ~ Ll2 ~- l 00 'b

Regulation Section Number: \ ~-0 ,, 5

YE.S..l

a) Does the regulation duplicate another regulation? Explanation:





Explanation:


Explanatiop:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by undedine to show language that you ~"ecommend be inserted and sif'ikeeet to show language that you recommend be deleted.

\\o~·CsL- \)\w,J;.\~ ~ ~-+-~~~ !MPlfl'~ll-r- CV\~

'(\St.Ctz..-.SSO.\ \VN dl:>l'r4>1\. ~\... clvc" fK.:>(Sl..!

§ 13016

ATTACHMENT B



INSTRUCTIONS: Fill out a separate copy of this form for ~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont St, 20th Floor, San Francisco, CA 94105 by Noyember 1.

Name: Rtibell Helgeson




Telephone No: ~

d) Is the regulation implementing a repealed,

ATTACHMENT B, pg. 2 re: sec. 13016

expired or superseded mandate? X Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? X

Explanation: Any reduction in public notice would diminish the public's rights of participation.


Explanation: Any reduction in public notice would negatively impact my efforts and the efforts of my colleagues in the environmental movement.

g) If you believe that the regulation. should be amended, provide the text of the existing regulation, modified by underline to show language that your comment be inserted and se~~kee~e to show language that you recommend be·deleted.

FORM FOR PUBLIC COrvfMENT ON

COASTAL CONI?vfiSSION'S REGULATIONS

ATIACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address: lbl-t L ~ r~~ ~IA..A/ •

Telephone Number: l.fl ~- G Li ~- l 00 ~

Regulation Section Number: \ )0 I(_,.

a) Ooes the regulation duplicate another regulation? ·~ Explanation:



1 If the answer to any question is yes, please provide an explanation in the space provided under the question. ·


Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute· it implements?

Explanation:

If the regulation were changed, how would that affect your interests? Why is the change beneficial?

Explanation:

g) If you believe that 'the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that you l"econunend be inserted and strilu!etiH to show language that you recommend be deleted.

~ ~"f"--l.~"'~t·~ -t-c \30\S . oe_ &..\~ -+"''s ~\o.-R~.

-2-

§ 13024

FORM FOR PUBLIC CONUvfENT ON

COASTAL COivf.MISSION'S REGULATIONS

ATTACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 941 OS by November I.

Name:

Organization:

Address:

Telephone Number:

Regulation Section Number: \30 2-\.t

a) Does the regulation duplicate another regulation'? Explanation:





Explanation:

e) Is the regulation the least burdensome it can be while ~ achieving the purpose of the statute it implements?

Explanation:

. t) If the regulatio ere changed, how would that affect your interest Why is the change beneficial?

Explanation: D~ -no-r ~~~ Q(" ~~ ~'~~ + ~l'-S ~0 u\o.~ n .

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by unsierline to show language that you recommend be inserted and stri*eel:it to show language that you recommend be deleted.

-2-

'

§ 13025

FORM FOR PUBLIC CO.MlvfENT ON

COASTAL CO!v1MISSION'S REGULATIONS

ATTACHMENT 8

INSTRUCTIONS: Fill out a separate copy of this form for ~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45.Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number: Lfl ~- ~ L.t ~- l CO 'b

Regulation Section Number: \ ?>0 2-c:;






Explanation:


Explanation:


Explanation: 1:,) 6 V'\.0..\:- &, \rz.-~ \ ~~.0 --\-\-1.\ ~ p0 ,.$ \ v--.

g) If you believe that the regUlation should be amended, provide the text of the existing regulation, modified by underline to show language that you ~"ecommend be inserted and strikeeYt to show language that you recommend be deleted.

("\d\"'l c..Q... . ~ cW\ it\~\" so + -\\.L ~' or +\Q_ 6~NiW2"'~L ckLts~ -Met Jcif'"'J· \o~of~ ~

6u:f ~co.\ .S cAJ;:> C'uAS~-h.-'h

§ 13053.5

FORM FOR PUBLIC COM!\1ENT ON


ATI'ACHMENT B


Name:

Organization:

Address:

TelephoneNumber: cy(c-) t(~!-rC? 'L . · C~.fP tl12 s-- SeA CJ;Ii,;fT,t -I

Regulation Section Number: .Janc.le C.- lscs-.3 . .r .

a) Does the regulation duplicate another regulation? ./ Explanation:





Explanation:


Explanation:

-2-

v

§ 13054

ATI'ACHMENT B

FORM FOR PUBLIC COMMENT ON


INSTRUCTIONS:

Name:

Organization:

Address:

Telephone Number:

Fill out a separate copy of this form for u.th regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

YES..l NQ

a) Does the regulation duplicate another regulation? Y Explanation:




------------- -··-----------·


Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? /

Explanation:

f) If the regulation were changed, how.would that affect your interests? Why is the change benefici~? .,. 1 { L .. t 4 · I

Explanation: ~0. ~,.eft-.SCA.S AJ0.f-Ttt:·H·e.! 1Af Ot~'(..l- y ~Y. ({A~,.. fJflfl• ei S•:..f 1- If.. P:u~

§ 13057

~------------------------------------------------------------------------------------------------------------

FQRM FOR PUBLIC COM1v1ENT ON

COASTAL COl\1MISSION' S REGULATIONS

AITACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for ~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number: Y'! ~- G L1 S- l 00 'b

Regulation Section Number: \ =.,os1-

YES.. I






Explanation:


. Explanation:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by uncierline to show language that you recommend be inserted and svikeet:J:t to show language that you recommend be deleted.

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§ 13059

FORM FOR PUBLIC COMMENT ON COASTAL COMMISSIONS REGULATIONS

Instructions: Fill out a separate copy of this form for each regulation about which you wish to comment and submit the completed form to the

Legal Division, California Coastal Commission, 45 Fremont Street. 20th Floor, San Francisco, CA 94105 by November 1.

Name: Dave Odell

Organization: Save Everyone's Access (SEA)

Address: 524 Coast Blvd South, La Jolla, CA 92037

Telephone Number: (619) 459-6847


a) Does the regulation duplicate another regulation? x Explanation: This regulation is similar to 13076, 13523, 13532 and 13631

insofar as these reports may include staff comments and recommendations for distribution to Commissioners and the public.

b) Does the regulation duplicate another program? Unknown

c) Does the regulation duplicate a federal regulation? x

If the answer to any question is yes, please provide an explanation in the space provided under the question.

YES NO

d) Is the regulation implementing a repealed, expired, or superseded statutory mandate? Unknown

e) Is the regulation the least burdensome it can be while acheiving the purpose of the staute it implements? x

Explanation: The current regulation does not provide staff summaries and recommendations to the public (applicants and other interested parties) early enough for public responses to reach Commissioners in time to review the comments prior to public hearings.

t) If the regulation were changed, how would that affect your interests? Why is the change beneficial?

By releasing staff summaries and recommendations to the public earlier, public . review and comments can be provided to Commissioners in time for them to

review the public comments well before the public hearings. Subsequent changes to staff and related public coments can, as now, be provided in addenda prior to or at the hearings.

. g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that you recommend be inserted and strikeeut to show language that you recommend be deleted

13059. Distribution. The application summary shall be distributed .. within a reasonable time to assure

adequate notification to all interested parties prior to the scheduled public hearin~, but in no case later than three weeks prior to the hearing.

..

§ 13061

FORM FOR PUBLIC COMNfENT ON

COASTAL CONnvUSSION'S REGULATIONS

ATIACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for .cam regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number: Lfl~- {sL;~- lOO~

Regulation Section Number: \ 3o(9 \

YES..l






Explanation:

e) Is the regulation the least burdenso~e. it can be w~le achieving the purpose of the statute It Implements.

Explanation:

f) If the regulation were changed, how woul~ tha~ . a}? affect your interests? Why is the change ene tel .

Explanation:

. ld be amended provide the text of the existing g) If you believe that the regulati?n shouh 1 ge that you recommend be inserted . d. fi d by underhne to s ow angua . regulation, mo 1 1e end be deleted.

and mikeeat to show language that you recomm

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§ 13063

FORM FOR PUBLIC COMMENT ON

COASTAL COMrviiSSION'S REGULATIONS

AITACHMENT B

INSTRUCTIONS: Fill out a separate copy of this fonn for~ regulation about which y{)u wish to comment and submit the completed fonn to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number:

Regulation Section Number:

<

S 6 ({ t 0 e c..-k ~ c. f.( ~"'

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a) Does the regulation duplicate another regulation? ./ Explanation:

b) Does the regulation duplicate another program? / Explanation:



d) Is the regulation implementing a repealed, expired,

or superseded statutory mandate? Explanation:


Explanation:

f) If the regulation were changed, how would that affect your interests? Why is the change benefici~l? ., • . , 1 ,

Explanation: IT "'o ~..t.o L J Pe-.' (-< Ll M IV 1 • .P. 'riUI ' ~ l'"-.J_..jv. 1M V IJ Lcc..>,k4 ~"' !{.. ,f>M,."CU

§ 13064

FORM FOR PUBLIC CON1NIENT ON

COASTAL COMMISSION'S REGu'LATIONS

A 'IT ACHMENT B


Name: M A. e.. 'L- \'A ~s.A. rA.

Address:

Telephone Number: Lf! ~- &:ltl~- l 00-?;,

Regulation Section Number: \ 3 D

---------------------------------


Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? ~

Explanation: · ·

f) If the regulation were changed, how would that . affect your interests? Why is the change benefic1al?

Explanation:

g) If you believe that the regulation should be amended, provide the text of the ~xisting regulation, modified by underline to show language that you recommend be mserted and stfikeeat to show language that you recommend be deleted. ·

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§ 13069

_, ____ -------------------------------

FORlv1 FOR PUBLIC COrvllv!ENT ON

COASTAL CON1N1ISSION' S REGULATIONS

AITACHMENT B


Name:

Organization:

Address: )

Telephone Number: Lfl-s-- ~(;~- l 00 ~

Regulation Section Number: \3o &2~

YE..S...' NO

a) Does the regulation duplicate another regulation? ~ Explanation:





Explanation:

e) Is the regulation the least burdensome it can be while ~ achieving the purpose of the statute it implements? ~

Explanation:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that you recommend be inserted and ~eeat to show language that you recommend be deleted.

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§ 13075

FOIUv1 FOR PUBLIC COrvtJ'v!ENT ON ·

COASTAL C01\1NUSSION'S REGULATIONS

A'ITACHMENT B

INSTRUCTIONS: Fill out a separate copy of this fonn for~ regulation about which you wish to comment and submit the completed fonn to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number: lft ')- ~ (.g :;-- 1 00 ~

Regulation Section Number: . \ '0 l s=

a) Does the regulation duplicate another regulation? ~·-J Explanation:

b) Does the regulation duplicate another program? ...__.__~ Explanation:

c) Does the regulation duplicate a federal regulation? ·,·~ Explanation:



Explanation:

e) Is the regulation the least burdenso~e.it can be w~ile ~ achieving the purpose ofthe statute 1t 1mplements.

Explanation:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the .existing regulation, modified by underline to show language that you recommend be mserted and sUilEee'l::lt to show language that you recommend be deleted. ·

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§ 13.076

I ------------~~------------------------

AITACHMENT B

FORM FOR PUBLIC COM1vfENT ON

COASTAL COrvllv1ISSION' S REGULATIONS

INSTRUCTIONS: Fill out a separate copy of this form for~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November l.

N arne: tJ\ 6. e. 'L. \'J\ o..s.s.A C~ Organization: S •~ rrc-.


Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? ~

Explanation:


Explanation:

g) If you believe that the regtilation should be amended, provide the text of the existing regulation, modified by underline to show language that you recommend be inserted and sU'tkee\lt to show language that you recommend be deleted.

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§ 13077

FORM FOR PUBLIC COi'vfl\tiENT ON

COASTAL COI\11v1ISSION'S REGULATIONS

AITACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for~ regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November L

Name:

Organization:

Address:

Telephone Number: lft')- &:ltlr- ]00~

Regulation Section Number: \ 3o t1

Y.E.S...l






Explanation:


Explanation:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by uruierlinc; to show language that you recommend be inserted and sffikeeat to show language that you recommend be deleted.

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§ 13080

FORM FOR PUBLIC COM1v1ENT ON

COASTAL COl'vllvfiSSION' S REGULATIONS

ATTACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for u.m regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont Street, 20th Floor, San Francisco, CA 94105 by November I.

Name:

Organization:

Address:

Telephone Number:

Regulation Section Number: _} _s_0_8_();;;..__

.YES_!






Explanation:

e) Is the regulation the least burdensome it can be while achieving the purpose of the statute it implements? ·~

Explanation:


Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that you ,.ecommend be inserted and stfikeeat to show language that you recommend be deleted .

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§ 13143

FORM FOR PUBLIC COMJvffiNT ON

COASTAL COrvfl\1ISSION'S REGULATIONS

AITACHMENT B

INSTRUCTIONS: Fill out a separate copy of this form for cam regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont

. Street, 20th Floor, San Francisco, CA 94105 by November I.

Name: tJ\6re.1L... M~s.A.c~

Organization: S •"" reG-. c.,\ v b lcAfiA \...- f6"61 rAM

Address:

Telephone Number:

Regulation Section Number: _l_3_\ Y_s_· __

YES... I



'-J


/



Explanation:

e) Is the regulation the least burdensome it can be while ' achieving the purpose of the statute it implements?

. Explanation:

t) If the regulation were changed, how would that affect your interests? WRy is the change beneficial?

Explanation:

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by underline to show language that you :recommend be inserted and sifikeest to show language that you recommend be deleted.

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§ 13240 & 13244.1

r

ATTACHMENT B



INSTRUCTIONS: Fill out a separate copy of this form for .e..ac.h regulation about which you wish to comment and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont St, 20th Floor, San Francisco, CA 94105 by November 1.

Name: &ubell Hel~eson




Telephone·No: ~{&3~1~0·)~4&5~4_-~4~2&5~4---------------------------------

Regulation Section Number: 13240. 13244.1


Explanation:


Explanation:


Explanation:

:m_a1

X

X

X


. --------------------------

ATTACHMENT B I pg. 2 re: sec. 13240, 13244.1


Explanation:


Explanation:


X

Explanation: Since we have no idea how these sections are proposed to be changed, we cannot guess at the consequences. We are gravely concerned about expanding categorical exclusions.

g) If you believe that the regulation should be amended, provide the text of the existing regulation, modified by uncierline to show language that your comment be inserted and ee~~~eeat to show language that you recommend be deleted.

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§ 13323

ATTACHMENT B



INSTRUCTIONS: Fill out a separate copy of this form for .e..a.ch regulation about which you wish to cormnent and submit the completed form to the Legal Division, California Coastal Commission, 45 Fremont St, 20th Floor, San Francisco, CA 94105 by November 1.

Name: Rilbell Helgeson




Telephone No: ~(A3.1~0~)~4~5~4.-~4~2~5~4L-------------------------------

Regu1ation Section Number: 13323


Explanation:


Explanation:

c) Does the regulation duplicate a f