CHAPTER 4. Creation, Membership, and Powers of Commission and Regional Commissions [30300. - 30355.]

Chapter 4 added by Stats. 1976, Ch. 1330.

§§ 30300–30355 · 55 sections

1. ARTICLE 1. Creation, Membership of Commission and Regional Commission §§ 30300–30305 · 6 sections

   • § 30300 There is in the Resources Agency the California Coastal Commission.
   • § 30301 The commission shall consist of the following 15 members: (a) The Secretary of the Natural Resources Agency. (b) The Secretary of Transportation. (c) The…
   • § 30301.2 (a) The appointments of the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, pursuant to subdivision (e) of Section 30301, shall be…
   • § 30301.5 A member of the commission serving pursuant to subdivision (a), (b), or (c) of Section 30301 shall be a nonvoting member and may appoint a designee to serve at…
   • § 30304 (a) Any member of the commission may, subject to the confirmation of the member’s appointing power, appoint an alternate member to represent the member at any…
   • § 30305 Except as otherwise provided in this division, the commission shall succeed to any and all obligations, powers, duties, responsibilities, benefits, or legal…
2. ARTICLE 2. Qualifications and Organization §§ 30310–30319.5 · 12 sections

   • § 30310 In making their appointments pursuant to this division, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make good faith…
   • § 30312 The term of office of commission members shall be as follows: (a) (1) A person appointed by the Governor and qualified for membership because the person holds…
   • § 30313 (a) Vacancies that occur shall be filled within 30 days after the occurrence of the vacancy, and shall be filled in the same manner in which the vacating…
   • § 30314 (a) Except as provided in this section, members or alternates of the commission shall serve without compensation but shall be reimbursed for actual and…
   • § 30315 (a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 working days after the…
   • § 30315.1 Adoption of findings for any action taken by the commission requires a majority vote of the members from the prevailing side present at the meeting of the…
   • § 30315.5 Notwithstanding any other law, the commission shall make the notice of any public meeting or hearing of the commission available in both English and Spanish,…
   • § 30316 The commission shall elect a chairperson and vice chairperson from among its members.
   • § 30317 The headquarters of the commission shall be in a coastal county, but it may meet and may exercise any or all of its powers in any part of the state. The…
   • § 30318 This division shall not preclude or prevent a member or employee of the commission who is also an employee of another public agency, a county supervisor or…
   • § 30319 Any person who applies to the commission for approval of a development permit shall provide the commission with the names and addresses of all persons who, for…
   • § 30319.5 An applicant whose permit is denied due to the applicant’s failure to comply with Section 30319 may not apply to the commission for approval of an identical or…
3. ARTICLE 2.5. Fairness and Due Process §§ 30320–30329 · 12 sections

   • § 30320 (a) The people of California find and declare that the duties, responsibilities, and quasi-judicial actions of the commission are sensitive and extremely…
   • § 30321 For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal…
   • § 30322 (a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of…
   • § 30323 For purposes of this article, an “interested person” is any of the following: (a) Any applicant, an agent or an employee of the applicant, or a person…
   • § 30324 (a) No commission member, nor any interested person, shall conduct an ex parte communication unless the commission member fully discloses and makes public the…
   • § 30325 Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from…
   • § 30326 Any person, including a commission member, may request the commission staff to conduct a workshop on any matter before the commission or on any subject that…
   • § 30327 (a) No commission member or alternate shall make, participate in making, or any other way attempt to use their official position to influence a commission…
   • § 30327.5 (a) An interested person shall not give, convey, or make available gifts aggregating more than ten dollars ($10) in a calendar month to a commissioner or a…
   • § 30327.6 (a) (1) Except as provided in paragraph (2), a person who for compensation attempts to influence or affect the outcome of a commission decision or action and…
   • § 30328 If a violation of this article occurs and a commission decision may have been affected by the violation, an aggrieved person, as described in Section 30801,…
   • § 30329 Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with…
4. ARTICLE 3. Powers and Duties §§ 30330–30344 · 19 sections

   • § 30330 The commission, unless specifically otherwise provided, shall have the primary responsibility for the implementation of the provisions of this division and is…
   • § 30331 The commission is designated the successor in interest to all remaining obligations, powers, duties, responsibilities, benefits, and interests of any sort of…
   • § 30333 (a) Except as provided in Section 18930 of the Health and Safety Code, the commission may adopt or amend, by vote of a majority of the appointed membership of…
   • § 30333.1 The commission shall periodically review its regulations and procedures and determine what revisions, if any, are necessary and appropriate to simplify and…
   • § 30333.2 Notwithstanding any other provision of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900) of Division 13…
   • § 30334 The commission may do the following: (a) Contract for any private professional or governmental services, if the work or services cannot be satisfactorily…
   • § 30334.5 In addition to the authority granted by Section 30334, the commission may apply for and accept grants, appropriations, and contributions in any form.
   • § 30335 The commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of the commission. The commission…
   • § 30335.1 The commission shall provide for appropriate employees on the staff of the commission to assist applicants and other interested parties in connection with…
   • § 30335.5 (a) The commission shall, if it determines that it has sufficient resources, establish one or more scientific panels to review technical documents and reports…
   • § 30336 The commission shall, to the maximum extent feasible, assist local governments in exercising the planning and regulatory powers and responsibilities provided…
   • § 30337 The commission shall, where feasible, and in cooperation with the affected agency, establish a joint development permit application system and public hearing…
   • § 30338 By May 1, 1977, the commission, after full consultation with the State Water Resources Control Board, shall adopt regulations for the timing of its review of…
   • § 30339 The commission shall: (a) Ensure full and adequate participation by all interested groups and the public at large in the commission’s work program. (b) Ensure…
   • § 30340 The commission shall manage and budget any funds that may be appropriated, allocated, granted, or in any other way made available to the commission for…
   • § 30340.5 (a) It is the policy of the state that no less than 50 percent of funds received by the state from the federal government pursuant to the Federal Coastal Zone…
   • § 30340.6 (a) It is the intent of the Legislature that all costs mandated by the operation of this division be paid either with state or federal funds or both. The…
   • § 30341 The commission may prepare and adopt any additional plans and maps and undertake any studies it determines to be necessary and appropriate to better accomplish…
   • § 30344 (a) The Legislature hereby finds and declares that the coastal zone is one of its most precious natural resources, rich in diversity of living and nonliving…
5. ARTICLE 4. Local Coastal Program Implementation Costs §§ 30350–30355 · 6 sections

   • § 30350 (a) It is the policy of the state that local governments be paid their legitimate costs, from either state or federal funds, for the implementation of…
   • § 30351 The commission shall, not later than July 1, 1980, prepare and adopt procedures for the issuance and management of local coastal program implementation grants.…
   • § 30352 (a) Any local government carrying out its certified local coastal programs may, upon the delegation of the development review authority pursuant to Section…
   • § 30353 Payment for costs claimed pursuant to this article shall be made only for costs which, but for the operation of a certified local coastal program, would not…
   • § 30354 (a) The executive director of the commission shall review and evaluate each claim submitted pursuant to this article and shall determine whether: (1) The costs…
   • § 30355 As used in this article, “certified local coastal program” means any portion of a local coastal program that has been certified.