SECTIONS 29770-29773.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29770-29773.5

29770. (a) Any person who is aggrieved by any action taken by a
local government or other local agency in implementing the resource
management plan, or otherwise taken pursuant to this division, may
file an appeal with the commission. The ground for an appeal and the
commission consideration of an appeal shall be that an action, as to
land located exclusively within the primary zone, is inconsistent
with the resource management plan, the approved portions of local
government general plans that implement the resource management plan,
or this division. The appeal shall be heard by the commission within
60 days from the date of the filing of the appeal, unless the
commission, either itself or by delegation to the executive director,
determines that the issue raised on appeal is not within the
commission's jurisdiction or does not raise an appealable issue.
(b) In the absence of an appeal by an aggrieved person, the
commission may decide by majority vote to review on appeal any action
taken by a local government or other local agency in implementing
the resource management plan, or otherwise taken pursuant to this
division, for land located exclusively within the primary zone, if
the commission believes the action may be inconsistent with the
resource management plan, or this division.
(c) The commission shall, by regulation, adopt administrative
procedures governing those appeals.
(d) The commission may comment on projects within the secondary
zone that impact the primary zone.

29771. After a hearing on an appealed action pursuant to Section
29770, the commission shall either deny the appeal or remand the
matter to the local government or local agency for reconsideration,
after making specific findings. Upon remand, the local government or
local agency shall modify the appealed action and resubmit the matter
for review to the commission. A proposed action appealed pursuant to
this section shall not be effective until the commission has adopted
written findings, based on substantial evidence in the record, that
the action is consistent with the resources management plan, the
approved portions of local government general plans that implement
the resources management plan, and this division.

29772. An aggrieved person may seek judicial review of any action
taken by the commission in adopting the resource management plan or
any action taken by a local government or other local agency that is
appealable pursuant to subdivision (a) of Section 29770, by filing a
petition for writ of mandate in accordance with Section 1094.5 of the
Code of Civil Procedure within 60 days from the date that the
commission action was taken or, if appealed to the commission, within
60 days from the final decision of the commission on the appeal.

29773. (a) The commission may review and provide comments and
recommendations to the Delta Stewardship Council on any significant
project or proposed project within the scope of the Delta Plan,
including, but not limited to, actions by state and federal agencies,
that may affect the unique cultural, recreational, and agricultural
values within the primary and secondary zones. Review and comment
authority granted to the commission shall include, but is not limited
to, all of the following:
(1) Identification of impacts to the cultural, recreational, and
agricultural values of the Delta.
(2) Recommendations for actions that may avoid, reduce, or
mitigate impacts to the cultural, recreational, and agricultural
values of the Delta.
(3) Review of consistency of the project or proposed project with
the resources management plan and the Delta Plan.
(4) Identification and recommendation of methods to address Delta
community concerns regarding large-scale habitat plan development and
implementation.
(b) The council shall take into consideration the recommendations
of the commission, including the recommendations included in the
economic sustainability plan. If the council, in its discretion,
determines that a recommendation of the commission is feasible and
consistent with the objectives of the Delta Plan and the purposes of
this division, the council shall adopt the recommendation.

29773.5. On or before July 1, 2010, the commission shall prepare
and submit to the Legislature recommendations regarding the potential
expansion of or change to the primary zone or the Delta. The
commission shall consider recommendations on the status of all of the
following areas:
(a) Rio Vista.
(b) Isleton.
(c) Bethel Island.
(d) Brannan-Andrus Island.
(e) Cosumnes/Mokelumne floodway.
(f) The San Joaquin/South Delta lowlands.