SECTIONS 29520-29524 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29520-29524

29520. (a) Except as expressly provided in this division, the
commission shall use the procedures set forth in Title 7.2
(commencing with Section 66600) of the Government Code for the
submission, review, and issuance by the commission of marsh
development permits and claims of exemption.
(b) The commission or any local government may require a
reasonable filing fee and the reimbursement of expenses for the
processing by the commission or the local government of any
application by any person for a marsh development permit under this
division. The funds received under this subdivision shall be
deposited in the General Fund and shall be available for expenditure
by the commission only when appropriated by the Legislature therefor.

29521. Not later than March 1, 1978, the commission shall adopt
procedures for the submission, review, and appeal of applications for
marsh development permits to be issued by local government. Such
procedures shall include reasonable provisions for notification to
the commission and other interested persons of any action by a local
government pursuant to this division in sufficient detail to assure
that a preliminary review of such action for conformity with the
provisions of this division can be made.

29522. (a) Any appealable action on a marsh development permit for
any development by a local government may be appealed to the
commission by any aggrieved person or by any two members of the
commission. Such action shall become final after the 20th working day
after receipt of the notice required by Section 29521, unless an
appeal is filed within that time.
(b) If an appeal of any action on a development by any local
government is filed with the commission, the operation and effect of
such action shall be stayed pending the commission's decision on the
appeal.

29523. The commission shall hear an appeal unless it determines
that the appeal raises no substantial issue as to the conformity of
the proposed development with the provisions of this division, the
local protection program, if in existence, and the policies of the
protection plan.

29524. (a) The commission shall provide for a public hearing de
novo on any appeal brought pursuant to this division and shall give
to any affected person a written public notice of the nature of the
proceeding and of the time and place of the public hearing. Notice
shall also be given to any person who requests, in writing, such
notice. A hearing on any appeal shall be set not earlier than 21 days
nor later than 42 days after the date on which the appeal is filed
with the commission.
(b) The commission shall act upon an appeal within 21 days after
the conclusion of the hearing pursuant to subdivision (a) and may
approve, modify, or deny the application for the proposed
development; and if no action is taken within the time limits
specified in this subdivision and subdivision (a), the decision of
the local government shall become final.
(c) Thirteen affirmative votes of members of the commission, or of
the commission hearing an appeal, are required to grant a permit.
Neither of the federal representatives who are members of the
commission may vote on whether or not a permit shall be granted.
(d) The applicant for a marsh development permit may waive any
time limits prescribed in this section.