LEGISLATIVE COUNSEL'S DIGEST


AB 291, as amended, Saldana. Coastal resources: coastal
development permits: penalties.
The California Coastal Act of 1976 requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the California Coastal Commission in accordance with
prescribed procedures. The act authorizes civil liability to be
imposed on any person who performs or undertakes development that is
in violation of the act or that is inconsistent with any previously
issued coastal development permit, subject to specified maximum and
minimum amounts, varying according to whether the violation is
intentional and knowing.
The bill would prohibit the commission , with exceptions,
from filing as complete , or acting upon ,
an application for a coastal development permit for
development on any property for a project on property
that is subject to , or is in common and contiguous
ownership with any property that is subject to an existing
violation case for which a violation notification letter has been
sent, or a cease and desist order, restoration order, or notice of
violation has been issued or recorded until the violation has been
resolved. The bill would also provide that this requirement
would not apply if the executive director of the commission
determines that the application includes a provision that would fully
resolve the violation consistent with the act. The bill
would authorize the commission to resolve any unresolved dispute
between the executive director and an applicant regarding the
implementation of the above provision at a noticed hearing. This bill
would authorize the commission to file as complete an application
for a coastal development permit for development on such a property
if the violation is de minimus de minimis, as
defined . This bill would prohibit the commission from taking
action on the application until the de minimus
de minimis violation has been resolved, as determined by
the executive director.