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Hagopian v. State

California Court of Appeal, Second District, First Division

February 21, 2014

STEFAN HAGOPIAN, et al., Petitioners/Plaintiffs and Appellants,
v.
STATE OF CALIFORNIA, et al., Defendants and Respondents.

THE COURT

IT IS ORDERED that the opinion filed herein on January 24, 2014, 223 Cal.App.4th 349; __ Cal.Rptr.3d __ be modified as follows:

1.  On pages 11 and 12, the last paragraph on page 11 continuing to page 12 [223 Cal.App.4th 363, advance report, last par.] is deleted and replaced by the following:

"In 1981, the Legislature enacted section 30600.5, which provides in pertinent part the following:"

This change has the further effect of deleting footnote 2 on page 12 [223 Cal.App.4th 363, advance report, fn. 2].

2.   On page 13, the last full paragraph [223 Cal.App.4th 364, advance report, last par., line 1J beginning with "The interim authority granted by sections 30600 and 30600.5 . . .," the reference to section 30600 is stricken, so that the sentence now begins with "The interim authority granted by section 30600.5 . . .."

3.  On pages 26 and 27, the last two paragraphs on page 26 and the first two paragraphs on page 27 [223 Cal.App.4th 374-375, advance report, last par on p. 374 through 3 full pars, on p. 375] are stricken and replaced with the following:

"Subdivision (b) of section 30600 provides in pertinent part the following: "Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5, establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit." Sections 30604, 30620 and 30620.5, in turn, set forth procedures for issuance and review of permits and standards by which coastal development will be evaluated. Although sections 30600 and 30600.5 both govern issuance of coastal development

Page 1424e

permits by a local government prior to certification of a local coastal program, the procedures and standards to be followed pursuant to section 30600, which was enacted in 1976 (Stats. 1976, ch. 1330, 5951), are different from those applicable under section 30600.5, enacted in 1981 (Stats. 1981, ch. 1173, § 19, p. 4725). Whether the latter statute superseded the former is not at issue today."

These modifications effect no change in the judgment.


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