SB 1229: Coastal resources: coastal development permits: disaster exemption.

Existing law, the California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government, as provided. The act provides that a coastal development permit is not required for the replacement of any structure, other than a public works facility, destroyed by a disaster.

This bill would prohibit that coastal development permit exemption from applying to the replacement of a structure by an applicant who was not listed as the property owner of record immediately preceding the disaster if replacement of the structure would, among other things, encroach upon a public access easement, lateral access easement, or vertical access easement, an open space easement or deed restriction that has been recorded or offered for dedication, as provided. By creating additional duties for a local government in reviewing coastal development permits, the bill would impose state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.