State California Regulations TITLE 14. NATURAL RESOURCES DIVISION 5.5 [FNA1] CALIFORNIA COASTAL COMMISSION database is current through 08/11/06, Register 2006, No. 32. s 13001. Purpose of Regulations. These regulations are promulgated pursuant to the California Coastal Act of 1976, as it may be amended from time to time, to enable the California Coastal Commission to carry out the purposes and provisions of the Act. No attempt has been made to reproduce in these regulations the definitions, policies, and other provisions found in the Act. Therefore, these regulations should be read together with the Act. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13002. Explanation of References. Reference in these regulations to "Chapter," "Subchapter," "Article," "Section," and "Subsection" denote subdivisions of these regulations. References to the California Coastal Act of 1976, codified as Division 20 of the Public Resources Code, are in this form: "Public Resources Code, Section ____________." Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13003. Use and Effect. Each of these regulations shall be interpreted and liberally construed to accomplish the purposes and carry out the objectives of the California Coastal Act of 1976. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30009, Public Resources Code. s 13004. Reference to Commission and to Regional Commission. s 13006. Aggrieved Person. An "aggrieved" person is any person who meets the requirements of Public Resources Code, Section 30801. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30801, Public Resources Code. s 13007. Appointed Membership. "Appointed membership" means all the persons who have been appointed or designated to serve and have been sworn in as voting members of the commission; a vacancy on the commission shall not be computed in determining a majority or two-thirds of the appointed membership. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13009. Emergency. "Emergency," as used in Public Resources Code Section 30624, and these regulations means: a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13010. Filing of an Application. s 13011. First Public Road Paralleling the Sea. The "first public road paralleling the sea" means that road nearest to the sea, as defined in Section 30115 of the Public Resources Code, which: (a) Is lawfully open to uninterrupted public use and is suitable for such use; (b) Is publicly maintained; (c) Is an improved, all-weather road open to motor vehicle traffic in at least one direction; (d) Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and (e) Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601, 30603, 30604, and 30212, Public Resources Code. s 13012. Major Public Works and Energy Facilities. (a) "Major public works" and "Major energy facilities" mean facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624. (b) Notwithstanding the criteria in (a), "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601 and 30603, Public Resources Code. s 13013. Inspection of Public Records. s 13013.5. Copies and Certification. Copies of official records may be made and certified by the commission, the expense thereof to be borne by the person or party requesting the same. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 6257, Government Code. s 13015. Method of Notification. Notice of regular meetings of the commission shall be by first class mail or other reasonable means, dispatched not later than 10 days preceding the meeting and containing an agenda listing each item to be considered. The agenda item description shall conform to Section 13063 where the item is a development permit application. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code; and Section 11125, Government Code. s 13016. Who Shall Receive Notice. Such notice shall be mailed to commission members, to all parties to proceedings on the agenda, to others known to be interested in specific agenda items, and to any person who requests such notice in writing. The commission may require each person requesting such notice to supply self-addressed stamped envelopes for the purpose of providing such notice. The commission shall also mail the notice and agenda of the commission hearings to public libraries, building departments and city halls throughout its coastal zone area with a request that they be regularly posted on public bulletin boards or other places readily accessible to the public and shall provide the agenda to newspapers of general circulation. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code. s 13017. Substituted Notice. Should circumstances arise substantially affecting the reliability of the U.S. Postal Service, the executive director of the commission may substitute for any notification required by these regulations to be mailed, such other form of notification reasonable under the circumstances, such as newspaper publication, radio or television broadcasting, telephonic communication, posting on public property or on property subject to a permit application, or such other reasonable means as might be available. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code. s 13018. Time and How Called. A special meeting of the commission may be called for any reasonable time by resolution or by written petition of a majority of the appointed members of the commission, or by written call of the chairperson. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13018.5. Notice. Notice of any special meetings shall be given in the same manner provided in Sections 13015, 13016, and 13017. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code. s 13019. Time and Reason For. The chairperson of the commission may call an emergency meeting for any day and time when a situation may exist that poses danger to life, health, or property and when commission action is or may be needed in the situation. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13020. Notice. Notice of any emergency meeting must be provided by telegram to all persons entitled to receive notice pursuant to Section 13016 and, shall be sent not less than 24 hours prior to the meeting, if possible. In addition commission members shall be notified by telephone prior to or immediately following placing of the telegraphic notice and a reasonable effort shall be made to notify the public of the meeting. Any such notice shall contain a listing of the items to be considered at the emergency meeting. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code. s 13021. Quorum. For all meetings of the commission, a quorum shall be majority of the total appointed membership of the commission. In the absence of a quorum physically present in the meeting room, the meeting proceedings shall be suspended until such time as a quorum is present within the meeting room itself. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13022. Voting -Number Required to Authorize Action. Except as otherwise required by the California Coastal Act of 1976 or in these regulations, actions of the commission shall be by vote of a majority of commissioners physically present within the meeting room at the time of the vote. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13023. Procedures -Robert's Rules of Order. Except where the provision of the California Coastal Act of 1976 or of these regulations provide to the contrary, or when the commission determines otherwise, the commission shall operate under the latest edition of Robert's Rules of Order. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13024. Agenda. (a) The agenda for regular meetings of the commission shall be set by the executive director at least 10 days prior to the meeting. (b) Items on the agenda shall be heard in the order listed. The chairperson may with the concurrence of a majority of commissioners present, order that any particular item on the agenda be trailed to a later time in the meeting where, in the opinion of the chairperson and the commission, such change is necessary to: (1) obtain the testimony of an interested person, including a government agency staff person, who has been prevented from appearing or making a presentation by unexpected factors beyond the individual's control; (2) consolidate two or more factually or legally related agenda items for a single hearing where consolidation of the items will prevent duplication of testimony; or, (3) provide time for additional staff analysis of a newly raised issue or of new information which does not require continuance of the matter to a subsequent meeting. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30315, Public Resources Code; and Section 11125, Government Code. s 13025. Voting -Prerequisite of Notice. The commission shall not vote upon substantive or policy matters of general importance, including permit applications when adequate descriptive notice has not been given as part of the required notice of the meeting. This shall include actions to be taken on personnel matters such as appointment or removal of Chairperson, Vice Chairperson, and Executive Director. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13025.1. Voting -Fairness and the Appearance of Fairness. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30001, 30001.5, 30004, 30006 and 30310(b), Public Resources Code; and Section 84308, Government Code. s 13026. Recording of Meetings. s 13027. Minutes of Meetings. s 13028. Selection and Term of Chairperson and Vice-Chairperson. A chairperson and vice-chairperson of the commission shall be selected and shall serve for a term to be fixed by the commission. The selection shall only take place after public notice of the proposed action has been given in accordance with Section 13015. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315 and 30316, Public Resources Code; and Section 11125, Government Code. s 13029. Duties of Chairperson. s 13030. Duties of Vice-Chairperson. s 13031. Executive Director -Appointment and Term. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13032. Duties and Delegation. (a) In accordance with the direction and policies of the commission and pursuant to Public Resources Code Section 30335, the executive director shall administer the affairs of the commission and, subject to approval by that commission, the executive director of the commission shall on behalf of the commission and in accordance with applicable state and civil service procedures, appoint such other employees as may be necessary to carry out the functions of the commission. (b) Except as specifically provided by resolution, the executive director may delegate the performance of any of his or her functions, but such delegation(s) shall not affect his or her responsibility to see that the directions and policies of the commission are carried out fully and faithfully. (c) The executive director of the commission shall, when authorized by resolution of the commission, establish administrative procedures necessary to implement these regulations. Such administrative procedures shall be reduced to writing, shall be kept current with any amendments thereto, and shall be made available to all persons who shall be provided a copy of such procedures upon request and upon the payment of a reasonable fee. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30335, Public Resources Code. s 13033. Acting Executive Director. s 13034. Ombudsperson. The Chief Counsel of the California Coastal Commission shall be the regulatory ombudsperson for the California Coastal Commission. In his or her capacity as the regulatory ombudsperson, the Chief Counsel shall review all petitions for rulemaking and shall make recommendations to the Commission on any proposed rulemaking. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 11340.7, Government Code. NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations: California Coastal Commission 45 FREMONT Street, Suite 2000 San Francisco, CA 94105 Fair Political Practices Commission 428 "J" Street, Suite 800 Sacramento, California 95814 Secretary of State archives 1020 "O" Street Sacramento, California 95814 The Conflict of Interest Code is designated as Chapter 4, Division 5.5 of Title 14 of the California Code of Regulations, and consists of sections numbered and titled as follows: Chapter 4. California Coastal Commission - Conflict of Interest Code 13040. General Provisions Appendix A Appendix B Note: Authority cited: Section 87300, Government Code. Reference: Sections 87300, 87302 and 87306, Government Code. s 13050. Scope of Chapter. Except as specifically provided by any subdivision hereof the provisions of this chapter shall govern all coastal development permit applications required under Public Resources Code, Section 30601, and under Public Resources Code, Section 30600 where a local government has not exercised its option to administer permits as provided in Sections 13301-13327 of these regulations. s 13050.5. Permit Jurisdiction over Portions of a Development Not Within the Coastal Zone. Except for the following circumstances a coastal development permit shall only be required for a development or those portions of a development actually located within the coastal zone: (a) In the case of any division of land, a permit shall be required only for any lots or parcels created which require any new lot lines or portions of new lot lines in the coastal zone: in such instance, commission review shall be confined to only those lots or portions of lots located within the coastal zone. (b) In the case of any development involving a structure or similar integrated physical construction, a permit shall be required for any such structure or construction which is partially in and partially out of the coastal zone. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Division 20, Public Resources Code. s 13051. Reference to Regional Commission. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13051.5. Reference to Executive Director. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13052. When Required. When development for which a permit is required pursuant to Public Resources Code, Section 30600 or 30601 also requires a permit from one or more cities or counties or other state or local governmental agencies, a permit application shall not be accepted for filing by the Executive Director unless all such governmental agencies have granted at a minimum their preliminary approvals for said development, except as provided in section 13053. An applicant shall have been deemed to have complied with the requirements of this Section when the proposed development has received approvals of any or all of the following aspects of the proposal, as applicable: (a) Tentative map approval; (b) Planned residential development approval; (c) Special or conditional use permit approval; (d) Zoning change approval; (e) All required variances, except minor variances for which a permit requirement could be established only upon a review of the detailed working drawings; (f) Approval of a general site plan including such matters as delineation of roads and public easement(s) for shoreline access; (g) A final Environmental Impact Report or a negative declaration, as required, including (1) the explicit consideration of any proposed grading; and (2) explicit consideration of alternatives to the proposed development; and (3) all comments and supporting documentation submitted to the lead agency; (h) Approval of dredging and filling of any water areas; (i) Approval of general uses and intensity of use proposed for each part of the area covered by the application as permitted by the applicable local general plan, zoning requirements, height, setback or other land use ordinances; (j) In geographic areas specified by the Executive Director of the Commission, evidence of a commitment by local government or other appropriate entity to serve the proposed development at the time of completion of the development, with any necessary municipal or utility services designated by the Executive Director of the Commission; (k) A local government coastal development permit issued pursuant to the requirements of Chapter 7 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code. s 13053. Where Preliminary Approvals Are Not Required. (a) The executive director may waive the requirement for preliminary approval by other federal, state or local governmental agencies for good cause, including but not limited to: (1) The project is for a public purpose; (2) The impact upon coastal zone resources could be a major factor in the decision of that state or local agency to approve, disapprove, or modify the development; (3) Further action would be required by other state or local agencies if the coastal commission requires any substantial changes in the location or design of the development; (4) The state or local agency has specifically requested the coastal commission to consider the application before it makes a decision or, in a manner consistent with the applicable law, refuses to consider the development for approval until the coastal commission acts, or (5) A draft Environmental Impact Report upon the development has been completed by another state or local governmental agency and the time for any comments thereon has passed, and it, along with any comments received, has been submitted to the commission at the time of the application. (b) Where a joint development permit application and public hearing procedure system has been adopted by the commission and another agency pursuant to Public Resources Code section 30337, the requirements of Section 13052 shall be modified accordingly by the commission at the time of its approval of the joint application and hearing system. (c) The executive director may waive the requirements of section 13052 for developments governed by Public Resources Code, section 30606. (d) The executive director of the commission may waive the requirement for preliminary approval based on the criteria of section 13053(a) for those developments involving uses of more than local importance as defined in section 13513. (e) The executive director shall waive the requirement for preliminary approval when required pursuant to Government Code section 65941(c). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Section 65941, Government Code. s 13053.4. Single Permit Application. (a) To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The executive director shall not accept for filing a second application for development which is the subject of a permit application already pending before the commission. This section shall not limit the right of an applicant to amend a pending application for a permit in accordance with the provisions of section 13072. (b) The executive director shall not accept for filing an application for development on a lot or parcel or portion thereof which is the subject of a pending proposal for an adjustment to the boundary of the coastal zone pursuant to Public Resources Code section 30103(b). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13053.5. Application Form and Information Requirements. The permit application form shall require at least the following items: (a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the Coastal Act, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the Commission will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term "significant adverse impact on the environment" shall be defined as in the California Environmental Quality Act and the Guidelines adopted pursuant thereto. (b) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain. (c) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application. (d) In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one (1) copy of each drawing, map, photograph, or other exhibit approximately 8 1/2 in. by 11 in., or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the Commission's mailing lists and for inspection by the public in the Commission office. A reasonable number of additional copies may, at the discretion of the Executive Director, be required. (e) Any additional information deemed to be required by the commission or the commission's executive director for specific categories of development or for development proposed for specific geographic areas. (f) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30601.5 and 30620, Public Resources Code. s 13053.6. Amendment of Application Form. The executive director of the commission may, from time to time, as he or she deems necessary, amend the format of the application form, provided, however, that any significant change in the type of information requested must be approved by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13054. Identification of Interested Persons/Submission of Envelopes/Posting of Site. (a) For applications filed after the effective date of this subsection, the applicant shall provide names and addresses of, and stamped envelopes for adjacent landowners and residents, and other interested persons as provided in this section. The applicant shall provide the commission with a list of: (1) the addresses of all residences, including each residence within an apartment or condominium complex, located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, (2) the addresses of all owners of parcels of real property of record located within one hundred (100) feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, based upon the most recent equalized assessment roll, and (3) the names and addresses of all persons known to the applicant to be interested in the application, including those persons who testified at or submitted written comments for the local hearing(s). This list shall be part of the public record maintained by the commission for the application. (b) The applicant shall also provide the commission with stamped envelopes for all addresses on the list prepared pursuant to subsection (a) above. Separate stamped envelopes shall be addressed to "owner," "occupant," or the name of the interested person, as applicable. The applicant shall also place a legend on the front of each envelope including words to the effect of "Important. Public Hearing Notice." The executive director shall provide an appropriate stamp for the use of applicants in the commission office. The legend shall be legible and of sufficient size to be reasonably noted by the recipient of the envelope. The executive director may waive this requirement for addresses identified under subsection (a)(1) and (2) above and may require that some other suitable form of notice be provided by the applicant to those interested persons pursuant to section 13063(b) of these regulations. (c) If at the applicant's request, the public hearing on the application is postponed or continued after notice of the hearing has been mailed, the applicant shall provide an additional set of stamped, addressed envelopes that meet the requirements of section 13054(b). The additional set of stamped, addressed envelopes shall be submitted within ten days of the commission's decision to postpone or continue the hearing. (d) At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public which is also as close as possible to the site of the proposed development, notice that an application for a permit for the proposed development has been submitted to the commission. Such notice shall contain a general description of the nature of the proposed development. The commission shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to sign the declaration of posting, the executive director of the commission shall refuse to file the application. (e) Pursuant to Sections 13104 through 13108.5, the commission shall revoke a permit if it determines that the permit was granted without proper notice having been given. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13055. Fees. (a) Permit filing and processing fees shall be as follows: (1) Two hundred dollars ($200) for any development qualifying for an administrative permit. (2) For a single-family residence, the fee shall be based on the square footage of the proposed residence as shown in the following table: Square Footage of Proposed Fee Residence 1500 or less $250 1501 to 5000 $500 5001 or more $1000 (3) Six hundred dollars ($600) for lot line adjustments, or for divisions of land where there are single-family residences already built and only one new lot is created by the division or for multi-family units up to four (4) units. (4) Two thousand dollars ($2,000) or one hundred twenty dollars ($120) per unit, whichever is greater, but not to exceed twenty thousand dollars ($20,000) for multi-unit residential development greater than four (4) units. (5) All residential projects (whether single or multi-unit) that include more than 75 cubic yards of grading shall be subject to an additional fee of two hundred dollars ($200). This fee does not apply to residential projects that qualify for administrative permits. (6) For office, commercial, convention, or industrial development, the fee shall be based upon gross square footage as shown in the following table: Gross Square Footage of Fee Proposed Development 1000 or less $500 1001 to 10,000 $2,000 10,001 to 25,000 $4,000 25,001 to 50,000 $8,000 50,001 to 100,000 $12,000 100,001 or more $20,000 (7) Twenty thousand dollars ($20,000) for major energy production and fuel processing facilities, including but not limited to, the construction or major modification of offshore petroleum production facilities, tanker terminals and mooring facilities, generating plants, petroleum refineries, LNG gassification facilities and the like. (8) For changes in intensity of use; for office, commercial, convention or industrial development not otherwise identified in this section; and for all other development not otherwise identified in this section; the fee shall be based on the development cost as shown in the following table: Development Cost Fee $100,000 or less $600 $100,001 to $500,000 $2,000 $500,001 to 1,250,000 $4,000 $1,250,001 to 2,500,000 $8,000 $2,500,001 to 5,000,000 $12,000 $5,000,001 or more $20,000 (9) Two hundred dollars ($200) for immaterial amendments to coastal development permits, and fifty percent (50%) of the permit fee that would currently apply to the permitted development for material amendments to coastal development permits. (10) Two hundred dollars ($200) for emergency permits. A fee paid for an emergency permit shall be credited toward the fee charged for the follow-up coastal development permit. (11) Two hundred dollars ($200) for extensions and reconsiderations of coastal development permits for single family dwellings. (12) Four hundred dollars ($400) for extensions and reconsiderations of all other coastal development permits. (13) Two hundred dollars ($200) for a "de minimis" waiver of a coastal development permit application pursuant to section 30624.7 of the Coastal Act and for a waiver pursuant to sections 13250(c) and 13253(c) of these regulations. (14) One hundred dollars ($100) for a second continuance and any subsequent continuance requested by the applicant and approved by the commission. There is no fee charged for the first continuance requested by the applicant. (15) Five hundred dollars ($500) for temporary events that require a permit, unless the application is scheduled on the administrative calendar, in which case the fee shall be two hundred dollars ($200). (b) Fees for after-the-fact permits shall be doubled unless such added increases are waived by the Executive Director when it is determined that the permit could be processed by staff without significant additional review time resulting from the processing of the violation. (c) Where a development consists of land division, each lot shall be considered as one single-family residence for the purpose of calculating the application fee. If an application includes both subdivision and the construction of residences, the fee shall be based upon the construction of the proposed residences with no additional fee for the subdivision. Conversion to condominiums shall be considered a division of the land. (d) Except as provided in subsection (c) above, if different types of developments are included in one permit application, the fee shall be the sum of the fees that would apply if each development was proposed in a separate application. However, in no case shall the fee for such application exceed twenty thousand dollars ($20,000). (e) In addition to the above fees, the commission may require the applicant to reimburse it for any additional reasonable expenses incurred in its consideration of the permit application, including the costs of providing public notice. (f) The executive director shall waive the application fee where requested by resolution of the commission. (g) The required fee shall be paid in full at the time an application is filed. However, applicants for an administrative permit shall pay an additional fee after filing if the executive director or the commission determines that the application cannot be processed as an administrative permit. The additional fee shall be the amount necessary to increase the total fee paid to the regular fee. The regular fee is the fee determined pursuant to sections (a)(2)-(15), (b)-(f) above. The additional fee shall be paid before the permit application is scheduled for hearing by the commission. If the fee is not paid prior to commission action on the application, the commission shall impose a special condition of approval of the permit. Such special condition shall require payment of the additional fee prior to issuance of the permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code.Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13056. Filing. (a) A permit application shall be submitted on the form issued pursuant to sections 13053.5 and 13053.6, together with all necessary attachments and exhibits, and a filing fee pursuant to section 13055. The executive director shall file the application only after reviewing it and finding it complete. The executive director shall cause to be affixed to all applications for permits: (1) A date of receipt reflecting the date they are received; and (2) A date of filing reflecting the date it is filed. (b) The executive director shall make the filing determination in writing within ten (10) working days, if feasible, but in no event later than thirty (30) calendar days after the date it is received in the offices of the commission during its normal working hours. The executive director shall mail the filing determination to the applicant. (c) If the executive director finds the application incomplete, he or she shall specify those parts of the application which are incomplete, and describe the specific materials needed to complete the application. Not later than thirty (30) calendar days after receipt of the requested materials, the executive director shall determine whether the submittal of the requested materials is complete and transmit that determination in writing to the applicant. (d) An applicant may appeal to the commission a determination by the executive director that an application is incomplete. The appeal shall be submitted in writing. The executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable but in no event later than sixty (60) calendar days after receipt of the appeal of the filing determination and shall prepare a written recommendation to the commission on the issues raised by the appeal of the filing determination. The commission may overturn the executive director's determination and/or direct the executive director to prepare a different determination reflecting the commission's decision. Otherwise, the executive director's determination shall stand. The executive director shall issue any such different determination that the commission may direct no later than sixty (60) calendar days after receipt of the appeal of the filing determination. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code; and Sections 65943 and 65952, Government Code. s 13056.1. Reapplication. (a) Following a withdrawal of or a final decision upon an application for a coastal development permit, no applicant or successor in interest to an applicant may reapply to the commission for a development permit for substantially the same development for a period of six (6) months from the date of the prior withdrawal or final decision. The executive director shall decide whether an application is for "substantially the same" development as that which was withdrawn or upon which a final determination has been rendered within the filing determination period set forth in section 13056. (b) If the executive director determines, on a case-by-case basis, that an application is for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the executive director shall reject the application for filing. (c) If the executive director determines, on a case-by-case basis, that an application is not for substantially the same development as that which was withdrawn or upon which the commission has rendered a final decision within the previous six months, the application shall be treated as a new application. (d) The applicant or the successor in interest to an applicant may appeal to the commission the determination of the executive director in the manner provided in section 13056. The commission may vote to overturn the determination of the executive director. Otherwise the executive director's determination shall stand. (e) The commission or the executive director may waive the six-month waiting period provided in this section for good cause. s 13057. Preparation of Staff Reports. (a) The executive director shall prepare a written staff report for each application filed pursuant to section 13056, except as provided for in section 13058 (consolidated staff reports), section 13150 (administrative permits) and section 13238.1 (waivers of permit application). The staff report shall include the following: (1) An adequate description, including legible and reproducible maps, plans, photographs, etc. of the proposed development, project site and vicinity sufficient to determine whether the proposed project complies with all relevant policies of the Coastal Act; (2) A summary of significant questions of fact; (3) A summary of the applicable policies of the Coastal Act; (4) A copy or summary of public comments on the application; (5) A summary of any issues of the legal adequacy of the application to comply with the requirements of the Coastal Act; (6) Staff's recommendation, including specific findings, prepared in accordance with subsection (c). (b) The staff report shall also include as applicable: (1) A copy or summary of the Environmental Impact Report or Environmental Impact Statement as it relates to the issues of concern to the commission, or if no such report was prepared, any negative declaration or finding of no significant impact; (2) A discussion of related previous applications; (c) The staff's recommendation required by subsection (a)(6) above shall contain: (1) Specific findings, including a statement of facts, analysis, and legal conclusions as to whether the proposed development conforms to the requirements of the Coastal Act including, but not limited to, the requirements of Public Resources Code section 30604. (2) Specific findings evaluating the conformity of the development with the requirements of section 21080.5(d)(2)(A) of the Public Resources Code. (3) Responses to significant environmental points raised during the evaluation of the proposed development as required by the California Environmental Quality Act. (4) A recommendation as to whether the commission should grant the application, with or without conditions, or deny the application. (5) In the case of a recommendation of approval with conditions, identification of the specific conditions recommended by the executive director and a discussion of why the identified conditions are necessary to ensure that the development will be in accordance with the Coastal Act. (d) Notwithstanding the requirement of subsection (a)(6) hereof, with respect to any application, the executive director may elect to prepare first a partial staff report that does not contain the recommendation required by subsection (c)(4) and (c)(5) where he or she determines that public comment and commission discussion would facilitate preparation of such recommendation. The executive director shall comply with all other procedures applicable to staff reports including procedures for the distribution of staff reports and for the noticing of hearings. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30604, 30607 and 30620, Public Resources Code. s 13058. Consolidation of Staff Reports; Consolidation of Public Hearings. Where two or more applications are legally or factually related, the executive director may prepare a consolidated staff report. Either the commission or the executive director may consolidate a public hearing where such consolidation would facilitate or enhance the commission's ability to review the developments for consistency with the requirements of the Coastal Act. A separate vote shall be taken for each application. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13059. Distribution of Staff Reports. The executive director shall distribute the staff report by mail to all members of the commission, to the applicant(s), to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to the proposed development and to all persons who specifically requested it. With respect to all other persons known to have a particular interest in the application, including those specified in section 13054(a), the executive director shall provide notice pursuant to section 13063 or 13015 that the staff report shall be distributed only to those persons who request it. Staff reports shall be distributed within a reasonable time to assure adequate notification prior to the scheduled public hearing. The staff report may either accompany the meeting notice required by section 13015 or may be distributed separately. The commission may require any person who desires copies of staff reports to provide a self-addressed stamped envelope for each desired mailing. The commission may also require that interested persons provide reimbursement for duplicating costs. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code. s 13060. Written Comments on Applications and Staff Reports. Written communications regarding applications and staff reports shall be distributed in accordance with the following procedures: (a) Except as stated in subsection (c) below, the executive director shall distribute to all commission members the text or a summary of all relevant communications which are received prior to the close of the public testimony portion of the public hearing. (b) Written communications must be received by the executive director in the appropriate district office prior to the day of the hearing or in the hearing room on the day of the public hearing. The executive director does not accept responsibility for the cost or delivery of written communications to the hearing room. (c) The executive director may summarize communications orally rather than distribute the communications to each commission member if the executive director receives lengthy communications, a sizable number of similar communications, or communications received too late to provide copies to the commission. (d) Written communications shall be available at the commission office for review by any person during normal working hours. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code; and Section 6253, Government Code. s 13061. Treatment of Similar Communications. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13062. Scheduling. The executive director of the commission shall set each application filed for public hearing no later than the 49th day following the date on which the application is filed. All dates for public hearing shall be set with a view toward allowing adequate public dissemination of the information contained in the application prior to the time of the hearing, and toward allowing public participation and attendance at the hearing while affording applicants expeditious consideration of their permit applications. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13063. Distribution of Notice. (a) At least 10 calendar days prior to the date on which the application will be heard by the commission, the executive director shall mail written notice to each applicant, to all affected cities and counties, to all public agencies which have jurisdiction, by law, with respect to a proposed development, to all persons who have requested it, and to all persons known by the executive director to have a particular interest in the application, including those specified in section 13054(a). The notice shall contain the following elements: (1) The number assigned to the application; (2) A description of the development and its proposed location; (3) The date, time and place at which the application will be heard by the commission; (4) The general procedure of the commission concerning hearings and action on applications; (5) The direction to persons wishing to participate in the public hearing that testimony should be related to the regional and statewide issues addressed by the Coastal Act; and (6) A statement that staff reports will be distributed as set forth in section 13059. (b) In lieu of providing mailed notice to persons specified in section 13054(a)(1)-(2) as required by subsection (a) above, the executive director may direct the applicant to substitute notice in one or more newspapers of general circulation in the area of the project for the written mailed notice if the executive director determines: (1) It is reasonable to expect adequate or better notice to interested parties through publication; and (2) Written notice to individuals would be unreasonably burdensome to the applicant in view of the overall cost and type of project involved. A statement of reasons supporting the executive director's determination to direct the applicant to substitute newspaper notice shall be placed in the file. (c) Where a public agency or other person identified in this section receives the notice required by sections 13015-13017, a separate notice is not required pursuant to this section. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30620 and 30621, Public Resources Code. s 13064. Conduct of Hearing. The commission's public hearing on a permit matter shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unnecessary delay. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13065. Evidence Rules. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Unduly repetitious or irrelevant evidence shall be excluded upon order by the chairperson of the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13066. Order of Proceedings. The commission's public hearing on a permit application shall, unless the chairperson directs otherwise, proceed in the following order: (a) The executive director shall make a presentation to the commission identifying the application, describing the project, and summarizing the staff recommendation, including the proposed findings, proposed conditions, and written correspondence received prior to the public hearing. (b) The public testimony portion of the public hearing shall proceed in the following order: (1) Persons or their representatives desiring to state their views on the application shall have the opportunity to do so as follows: (A) The applicant; (B) Other persons supporting the application; (C) Persons opposing the application; (D) Other persons. (2) The chairperson may allow rebuttal testimony by the applicant in accordance with Public Resources Code section 30333.1(a). (3) The executive director may respond to and comment, as appropriate, on the testimony presented by any previous speaker. (4) The chairperson may close the public testimony portion of the public hearing when a reasonable opportunity to present all questions and points of view has been allowed. (c) Questions by commissioners will be in order at any time following any person's presentation. (d) At the conclusion of the public testimony portion of the public hearing, the executive director may propose to change the staff recommendation or the commission may propose to add, delete, or modify the conditions contained in the staff recommendation. The applicant and the executive director shall have an opportunity to comment briefly and specifically on any proposed change. (e) The commission shall vote on a permit application in accordance with section 13090. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30333.1, Public Resources Code. s 13067. Speaker's Presentations. (a) Speakers' presentations shall be to the point and shall be as brief as possible. The commission may establish reasonable time limits for presentations. The time limits shall be made known to all speakers prior to any hearing. The chairperson may require individuals to consolidate their comments to avoid repetition. (b) In order for audio, visual or audio-visual materials to be considered by the commission, they must be submitted to staff in the course of review of the application or shown in full at the public hearing. The presentation of these materials shall occur within the time limit allocated to speakers. (c) The speaker must submit all materials presented at the public hearing to the staff for inclusion in the record of the proceeding. Any speaker who, as part of his or her presentation, exhibits models or other large materials may satisfy this requirement by: (1) submitting accurate reproductions or photographs of the models or other large materials and (2) agreeing in writing to make such materials available to the commission if necessary for any administrative or judicial proceeding. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13068. Other Speakers. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13069. Field Trips -Procedures. Whenever the commission is to take a field trip to the site of any proposed project, the chairperson shall decide, and the executive director shall provide public notice of the time, location and intended scope of the field trip. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13070. Continued Hearings. A public hearing on an application may be completed in one commission meeting. However, the commission may vote to continue the hearing to a subsequent meeting. Notice of the subsequent hearing shall be distributed to the persons and in the manner provided for in section 13063. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code. s 13071. Withdrawal of Application. (a) At any time before the commission commences calling the roll for a vote on an application, an applicant may withdraw the application. (b) Withdrawal must be in writing or stated on the record and does not require commission concurrence. Withdrawal shall be permanent except that the applicant may file a new application for the same development subject to the requirements of sections 13056 and 13056.1. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30333 and 30620, Public Resources Code. s 13072. Procedures for Amended Application. (a) If prior to the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the executive director shall prepare a staff report pursuant to section 13057 and the commission shall vote on the amended application only if: (1) The applicant agrees in writing to extend the final date for public hearing or (2) The executive director determines that staff does not need additional time to prepare the staff report or provide notice to the public. (b) If at the public hearing on an application, an applicant wishes to amend the application in a manner the executive director determines is material, the commission may vote on the amended application at that public hearing if: (1) Adequate public notice has already been provided and (2) The proposed amended project was adequately reviewed during the public hearing. (c) Conditions recommended by the executive director or imposed by previous commission action shall not be considered an amendment to the application. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13073. Applicant's Postponement. (a) Where an applicant for a coastal development permit determines that he or she is not prepared to respond to the staff recommendation at the meeting for which the vote on the application is scheduled, the applicant shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. The applicant's right to postpone shall be exercised prior to commencement of the public testimony portion of the public hearing. (b) An applicant's request for postponement, not made as a matter of right pursuant to section 13073(a), shall be granted at the commission's discretion. The executive director shall, to the extent feasible, notify all persons the executive director knows to be interested in the application of the postponement. The commission shall not grant a request for postponement under this subdivision unless it determines that sufficient time remains under applicable deadlines for its action on the application. (c) Any request for postponement pursuant to subsections (a) or (b) shall be in writing or stated on the record in a commission meeting and shall include a waiver of any applicable time limits for commission action on the application. Where a request for postponement is granted pursuant to subsections (a) or (b), the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of section 13054. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30621, Public Resources Code. s 13074. Rescheduling. Where consideration of an application is postponed, the executive director shall, to the extent feasible, schedule further consideration of the application by the commission at a time and location convenient to all persons interested in the application. Notice of the rescheduled hearing shall be distributed to the persons and in the manner provided for in section 13063. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006 and 30621, Public Resources Code. s 13075. Final Staff Recommendation. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30604 and 30625, Public Resources Code. s 13076. Distribution of Final Staff Recommendation. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13077. Written Response to Staff Recommendation. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13080. Alternatives for Review of Staff Recommendation. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13081. Staff Recommendation Included in Application Summary. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13082. Verbal Staff Recommendation upon Conclusion of Public Hearing. Note: Authority and reference cited: Sections 30331 and 30333, Public Resources Code. s 13083. Consideration of Staff Recommendation at a Meeting Subsequent to the Oral Hearing. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13084. Procedures for Presentation of Staff Recommendation and Responses of Interested Parties. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13085. Applicant's Postponement. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13087. Rescheduling. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30006, Public Resources Code. s 13090. Voting -After Recommendation. (a) A vote on an application may be taken only at a properly noticed public hearing after the commission has received the staff recommendation identified in section 13057 and obtained public testimony, if any, in accordance with section 13066. (b) Where the executive director has distributed a staff report containing all of the elements described in section 13057(a), (b) and (c), the commission may vote upon the application after conclusion of the public testimony portion of the public hearing. (c) Where, in accordance with the provisions of section 13057(d), the executive director has prepared a partial staff report that does not contain the parts of the staff recommendation identified in sections 13057(c)(4) and (5), the commission shall proceed in accordance with one of the following alternative procedures: (1) If the commission is prepared to vote immediately upon conclusion of the public testimony portion of the public hearing, the executive director shall provide an oral recommendation and summary of proposed findings. (2) Upon conclusion of the public testimony portion of the public hearing, the commission may put the vote on the application over to a subsequent meeting. Prior to the subsequent meeting the executive director shall prepare a staff report that shall: (A) contain a staff recommendation as described in section 13057(c) and (B) respond to: 1. testimony and other evidence presented at the public hearing, and 2. comments on the application by members of the commission. The executive director may also supplement the analysis of the application contained in the preliminary staff report. (3) At the subsequent meeting, the executive director shall summarize orally the staff recommendation, including the proposed findings and any proposed conditions, in the same manner as provided for staff reports in section 13066. Immediately following the presentation of the staff recommendation, the commission shall obtain public testimony in the manner provided for in section 13066. (d) Where the commission moves to vote on an application with terms different from those proposed by the applicant in the application or conditions different than those proposed by the staff in the staff recommendation, the applicant, appellant, and the executive director shall have an opportunity to state briefly and specifically their views on the conditions. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315, 30333, 30333.1 and 30622, Public Resources Code. s 13091. Voting Time and Manner. Note: Authority and reference cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13092. Effect of Vote Under Various Conditions. (a) Votes by the commission shall only be on the affirmative question of whether the permit should be granted; i.e., a "yes" vote shall be to grant a permit and a "no" vote to deny. Unless a motion is adopted pursuant to subsection (b), a motion to grant the permit shall be deemed to include the terms proposed in the project description as modified by the applicant at the hearing and the conditions and findings proposed in the staff report as modified by staff at the hearing. (b) Any commissioner may move to add, delete or modify proposed terms, conditions or findings. Such a motion shall be made in the affirmative. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13093. Straw Votes. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13094. Voting Procedure. (a) Voting upon permit applications shall be by roll call, with the chairperson being polled last. (b) Members may vote "yes" or "no" or may abstain from voting, but an abstention shall not be deemed a "yes" vote. (c) Any member may change his or her vote prior to the tally having been announced by the chairperson, but not thereafter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13095. Voting by Members Absent from Hearing. A member or alternate who has been absent from all or part of the hearing may vote on any application provided the member or alternate has familiarized himself or herself with the evidence presented at the hearing on the application and has so declared prior to the vote. In the absence of a challenge raised by an interested party, inadvertent failure to make such a declaration prior to the vote shall not invalidate the vote of a member or alternate. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13096. Commission Findings. (a) All decisions of the commission relating to permit applications shall be accompanied by written conclusions about the consistency of the application with Public Resources Code section 30604 and Public Resources Code section 21000 and following, and findings of fact and reasoning supporting the decision. The findings shall include all elements identified in section 13057(c). (b) Unless otherwise specified at the time of the vote, an action taken consistent with the staff recommendation shall be deemed to have been taken on the basis of, and to have adopted, the reasons, findings and conclusions set forth in the staff report as modified by staff at the hearing. If the commission action is substantially different than that recommended in the staff report, the prevailing commissioners shall state the basis for their action in sufficient detail to allow staff to prepare a revised staff report with proposed revised findings that reflect the action of the commission. Such report shall contain the names of commissioners entitled to vote pursuant to Public Resources Code section 30315.1. (c) The commission vote taken on proposed revised findings pursuant to Public Resources Code section 30315.1 shall occur after a public hearing. Notice of such hearing shall be distributed to the persons and in the manner provided for in section 13063. The public hearing shall solely address whether the proposed revised findings reflect the action of the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30006, 30315.1, 30333, 30604 and 30621, Public Resources Code. s 13100. Consent Calendar. Permit applications which, as submitted or as recommended to be conditioned, in the opinion of the executive director do not raise significant issues with respect to the purposes and objectives of the Coastal Act, may be scheduled for one public hearing during which all such items will be taken up as a single matter. This procedure shall be known as the Consent Calendar. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13101. Procedures for Consent Calendar. Unless otherwise provided in this Article, the procedures set forth in Chapter 5 of these regulations pertaining to permit applications, including staff reports, staff recommendations, resolutions, and voting, shall apply to the consent calendar procedure. All included items shall be considered by the commission as if they constituted a single permit application. The public shall have the right to present testimony and evidence concerning any item on the consent calendar. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13102. Removal of Consent Calendar Items to Regular Calendar. The executive director may include recommended conditions in staff reports for consent calendar items which shall then be deemed approved by the commission if the item is not removed by the commission from the consent calendar. No condition of approval of any consent calendar item may be added, deleted or substantially modified after the staff report has been mailed to the public unless the commission removes the item to the regular calendar or schedules the revised item for a subsequent consent calendar. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30607 and 30621, Public Resources Code. s 13103. Public Hearings on Consent Calendar. At the public hearing on the consent calendar items, any person may ask for the removal of any item from the consent calendar and shall briefly state the reasons for so requesting. If any three (3) commissioners request that an item be scheduled for public hearing on the regular permit calendar, the item shall be removed from the consent calendar. If any item is removed from the consent calendar, the public hearing on the item shall be continued until it can be scheduled on the regular permit calendar. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13104. Scope of Article. The provisions of this article shall govern proceedings for revocation of a coastal development permit previously granted by a regional commission or the commission. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Sections 30519 and 30600, Public Resources Code. s 13105. Grounds for Revocation. Grounds for revocation of a permit shall be: (a) Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the commission finds that accurate and complete information would have caused the commission to require additional or different conditions on a permit or deny an application; (b) Failure to comply with the notice provisions of Section 13054, where the views of the person(s) not notified were not otherwise made known to the commission and could have caused the commission to require additional or different conditions on a permit or deny an application. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13106. Initiation of Proceedings. Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant's intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in Section 13105 may request revocation of a permit by application to the executive director of the commission specifying, with particularity, the grounds for revocation. The executive director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The executive director may initiate revocation proceedings on his or her own motion when the grounds for revocation have been established pursuant to the provisions of Section 13105. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13107. Suspension of Permit. Where the executive director determines in accord with Section 13106, that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the commission votes to deny the request for revocation. The executive director shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The executive director shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act of 1976 and subject to the penalties set forth in Public Resources Code, Sections 30820 through 30823. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13108. Hearing on Revocation. (a) At the next regularly scheduled meeting, and after notice to the permittee and any persons the executive director has reason to know would be interested in the permit or revocation, the executive director shall report the request for revocation to the commission with a preliminary recommendation on the merits of the request. (b) The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal. (c) The commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the commission wishes the executive director or the Attorney General to perform further investigation. (d) A permit may be revoked by a majority vote of the members of the commission present if it finds that any of the grounds specified in Section 13105 exist. If the commission finds that the request for revocation was not filed with due diligence, it shall deny the request. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13108.5. Finality of Regional Commission Decision. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13109. Reapplication. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13109.1. Scope of Article. The provisions of this article shall govern proceedings for reconsideration of terms or conditions of a coastal development permit granted or of a denial of a coastal development permit by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30627, Public Resources Code. s 13109.2. Initiation of Proceedings. (a) Any time within thirty (30) days following a final vote upon an application for a coastal development permit, the applicant of record may request the commission to grant reconsideration of the denial of an application for a coastal development permit or of any term or condition of a coastal development permit which has been granted. This request shall be in writing and shall be received by the district office at which the original permit application was filed within thirty (30) days of the final vote. (b) The executive director shall prepare a staff report with a recommendation on the merits of the request for reconsideration. The staff report shall analyze whether the request satisfies the grounds for reconsideration provided in Public Resources Code section 30627. The staff report shall be distributed to the persons and in the manner provided for in section 13059. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code. s 13109.3. Suspension of Appeal. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code. s 13109.4. Grounds for Reconsideration. Grounds for reconsideration of a permit action shall be as provided in Public Resources Code Section 30627. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code. s 13109.5. Hearing on Reconsideration. (a) The executive director shall schedule a hearing on the reconsideration request at the next regularly scheduled meeting or as soon as practicable after the executive director distributes notice of the hearing consistent with the provisions of section 13063. The executive director shall report the request for reconsideration to the commission with a preliminary recommendation on the grounds for reconsideration. (b) The applicant and all aggrieved parties to the original commission decision shall be afforded a reasonable time to address the merits of the request. (c) Reconsideration shall be granted by a majority vote of the commissioners present. If reconsideration is granted, the application shall be processed as a new application in accordance with sections 13050-13120 and sections 13156- 13168 of these regulations, as applicable. However, no new fee shall be charged to process the new application. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30006, 30621 and 30627, Public Resources Code. s 13109.6. Finality of Regional Commission Decision. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30627, Public Resources Code. s 13110. Commission Procedures upon Receipt of Notice of Final Local Action. Within three (3) working days of receipt of notice of final local decision, the executive director of the Commission shall post a description of the development in a conspicuous location in the Commission office and the appropriate district office. The executive director shall at the same time mail notice of the local action to the members of the Commission. The ten working day appeal period shall be established from the date of receipt of the notice of the final local government action. Note: Authority cited: Sections 30333 and 30620.6, Public Resources Code. Reference: Sections 30603 and 30620.6, Public Resources Code. s 13111. Filing of Appeal. (a) An appeal of a local government's decision on a coastal development permit application (or local government equivalent) may be filed by an applicant or any aggrieved person who exhausted local appeals, or any two (2) members of the Commission. The appeal must contain the following information: (1) the name and address of the permit applicant and appellant; (2) the date of the local government action; (3) a description of the development; (4) the name of the governing body having jurisdiction over the project area; (5) the names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available; (6) the names and addresses of all other persons known by the appellant to have an interest in the matter on appeal; (7) the specific grounds for appeal; (8) a statement of facts on which the appeal is based; (9) a summary of the significant question raised by the appeal. The filing of the notice of appeal should also contain information which the local government has specifically requested or required. (b) The appeal must be received in the Commission district office with jurisdiction over the local government on or before the tenth (10th) working day after receipt of the notice of the permit decision by the executive director. (c) The appellant shall notify the applicant, any persons known to be interested in the application, and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30620.6, 30625, Public Resources Code. s 13112. Effect of Appeal. (a) Upon receipt in the Commission office of a timely appeal by a qualified appellant, the executive director of the Commission shall notify the permit applicant and the affected local government that the operation and effect of the development permit has been stayed pending Commission action on the appeal by the Commission as required by Public Resources Code Section 30623. Upon receipt of a Notice of Appeal the local government shall refrain from issuing a development permit for the proposed development and shall, within five (5) working days, deliver to the executive director all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the Commission fails to receive the documents and materials, the Commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received. Note: Authority cited: Section 30333, 30620.6, Public Resources Code. Reference: Section 30623, Public Resources Code. s 13113. Grounds of Appeal. The grounds of appeal for any development appealable under Public Resources Code Section 30603(a) shall be limited to those specified in Public Resources Code Section 30603(b) and (c). Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603 and 30623, Public Resources Code. s 13114. De Novo Review. Where the appellant has exhausted local appeals a de novo review of the project by the Commission shall occur only after the local decision has become final. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30621, Public Resources Code. s 13115. Substantial Issue Determination. (a) At the meeting next following the filing of an appeal with the Commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the appeal raises a significant question within the meaning of Section 30625(b). (b) Unless the Commission finds that the appeal raises no significant question as to conformity with the certified local coastal program or, in the case of a permit application for a development between the sea and the first public road paralleling the sea (or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach) that there is no significant question with regard to the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976, the Commission shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096. (c) The Commission may ask questions of the applicant, any aggrieved person, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the Commission present shall be required to determine that the Commission will not hear an appeal. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30621, Public Resources Code. s 13116. Withdrawal of Appeal. At any time before the Commission commences the roll call for a final vote on an appeal, the appellant may withdraw the appeal. The withdrawal must be in writing or stated on the record and does not require Commission concurrence. If the appellant withdraws the appeal, the action of the local government shall automatically become final unless the appeal period of Public Resources Code Section 30622 has not run. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code. s 13117. Qualifications to Testify Before Commission. Only the applicant, persons who opposed the application before the local government (or their representatives), and the local government shall be qualified to testify at the Commission hearings at any stage of the appeal process. All other persons may submit comments in writing to the Commission or executive director, copies or summaries of which shall be provided to all Commissioners pursuant to Sections 13060-13061. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code. s 13118. Evidence. Evidence before the Commission includes, but is not limited to, the record before the local government. Except in unusual circumstances the record will not include a transcript of the local government proceedings unless provided by a party to the proceedings. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code. s 13119. Standard of Review. The standard of review for any appealable development shall be whether or not the development meets the requirements of Public Resources Code Sections 30604(b) and (c). Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Sections 30603, 30604, Public Resources Code. s 13120. Commission Notification of Final Action. Within ten (10) working days of a final Commission action on appeal from a local government decision, the Commission shall transmit notice of the action taken to the local government, the applicant and the appellant. Note: Authority cited: Sections 30333, 30620.6, Public Resources Code. Reference: Section 30620.6, Public Resources Code. (Former Division 18 of the Public Resources Code) 1. Repealer of Subchapter 3 (Sections 13131-13135) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33). For prior history, see Register 77, No. 24. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13136. Scope of Subchapter. This Subchapter governs procedures for processing applications for permits to perform work to resolve problems resulting from a situation falling within the definition of "emergency" in Section 13009 and pursuant to the provisions of Public Resources Code Section 30624 for which the Commission has jurisdiction pursuant to Section 30519(b). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13137. Immediate Action Required. It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of the Subchapter can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to Public Resources Code, Section 30611, they shall comply with the requirements of Public Resources Code Section 30611 and to the maximum extent feasible, with the provisions of this Subchapter. s 13138. Method of Application. Applications in cases of emergencies shall be made to the executive director of the commission by letter or facsimile during business hours if time allows, and by telephone or in person if times does not allow. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13139. Necessary Information. The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency as required in Public Resources Code Section 30611, shall include the following: (a) The nature of the emergency; (b) The cause of the emergency, insofar as this can be established; (c) The location of the emergency; (d) The remedial, protective, or preventive work required to deal with the emergency; and (e) The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action. s 13140. Verification of Emergency. The executive director of the commission shall verify the facts, including the existence and nature of the emergency, insofar as time allows. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13141. Consultation with Executive Director of the Commission. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13142. Criteria for Granting Permit. The executive director shall provide public notice of the proposed emergency action required by Public Resources Code Section 30624, with the extent and type of notice determined on the basis of the nature of the emergency itself. The executive director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the executive director finds that: (a) An emergency exists and requires action more quickly than permitted by the procedures for administrative permits, or for ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms of the permit; (b) Public comment on the proposed emergency action has been reviewed if time allows; and (c) The work proposed would be consistent with the requirements of the California Coastal Act of 1976. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13143. Report to the Commission. (a) The executive director shall report in writing to the local government having jurisdiction over the project site and to the commission at each meeting the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing. (b) All emergency permits issued after the mailing for the meeting shall be briefly described by the executive director at the meeting and the written report required by subparagraph (a) shall be distributed prior to the next succeeding meeting. (c) The report of the executive director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the executive director of the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13144. Waiver of Emergency Permit Requirements. Any person wishing to take an emergency action pursuant to the requirements of Public Resources Code Section 30611 shall notify the executive director of the commission by facsimile or telephone during business hours of the type and location of the emergency action taken within three (3) days of the disaster or the discovery of the danger. Within seven (7) days of taking such action, the person who notified the executive director shall send a written statement of the reasons why the action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next commission meeting following the receipt of the written report, the executive director shall summarize all emergency actions taken and shall report to the commission any emergency action that, in his or her opinion, does not comply with the requirements of Public Resources Code Section 30611 and shall recommend appropriate action. For the purposes of this section, any immediate, temporary actions taken by the California Department of Fish and Game which are required to protect the nesting areas of the California least tern, an endangered species under the California Fish and Game Code, Sections 2050-2055 and Title 14 of the California Code of Regulations, Section 670.5, and the Federal Endangered Species Act of 1973, shall be deemed to be in compliance with Public Resources Code Section 30611. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30611, Public Resources Code. s 13145. Scope of Subchapter. This subchapter governs special procedures for processing applications for permits pursuant to the requirements of Public Resources Code Section 30624. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13146. Applicant's Statement. The permit application form provided for in Section 13053.5 shall allow the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by Public Resources Code, Section 30624. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30620 and 30624, Public Resources Code. s 13147. Applications Not Thought to Be Administrative. If the commission receives an application that is asserted to be for improvements or other development within the criteria established pursuant to Public Resources Code Section 30624 and by this subchapter and if the executive director finds that the application does not qualify as such, he or she shall notify the applicant that a regular permit application is required as provided in Subchapter 1 of this chapter. The executive director, with the concurrence of the applicant, may accept the application for filing as a regular permit pursuant to Section 13056 and shall adjust the application fees accordingly. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13148. Copies of Application. An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the commission initially in one (1) copy, together with one copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the executive director, be required. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13149. Notice. The applicant shall post notice at the project site as required by Section 13054(b) and provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any persons known to be interested in the proposed development. s 13150. Criteria and Content of Permits. (a) The executive director may approve or modify an application for improvements or other development governed by this subchapter on the same grounds that the commission may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the California Coastal Act of 1976. (b) Permits issued for such developments shall be governed by the provisions of Sections 13156 and 13158 concerning the format, receipt, and acknowledgment of permits, except that references to "Commission Resolution" shall be deemed to refer to the executive director's determination. A permit issued pursuant to Public Resources Code Section 30624 shall contain a statement that it will not become effective until completion of the commission review of the permit pursuant to Section 13153. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13150.5. Criteria for Single Family Dwellings. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13151. Refusal to Grant -Notice to Applicant. If the executive director determines not to grant an administrative permit based on a properly filed application under this Subchapter, the executive director shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30624, Public Resources Code. s 13152. Application to Commission. In situations described in Sections 13147 and 13151 the applicant may proceed to file an application as provided in Section 13056. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30624, Public Resources Code. s 13153. Reports on Administrative Permits. The executive director shall report in writing to the commission at each meeting the permits approved under this Subchapter up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the commission to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the commission and to all those persons wishing to receive such notification at the time of the regular mailing for the meeting. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If 1/3 of the appointed membership of the commission so request, the issuance of an administrative permit governed by Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application under Subchapter 1 of this chapter, subject to the provisions for hearing and appeal set forth in Subchapters 1 and 2 of the chapter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13155. Reference to Regional Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13156. Contents of Permits. Permits shall be issued in a form signed by the executive director, and shall include: (a) A statement setting out the reasons for the commission approval of the permit; (b) Any other language or drawings, in full or incorporated by reference, that are consistent with the decision, and required to clarify or facilitate carrying out the intent of the commission; (c) Any conditions approved by the commission; (d) Such standard provisions as shall have been approved by resolution of the commission; (e) A statement that the permit runs with the land and binds all future owners of the property; (f) A statement that the permit shall not become effective until the commission receipt of acknowledgment as provided in Section 13158; (g) The time for commencement of the approved development except that where the commission on original hearing or on appeal has not imposed any specific time for commencement of development pursuant to a permit, the time for commencement shall be two years from the date of the commission vote upon the application. Each permit shall contain a statement that any request for an extension of the time of commencement must be applied for prior to expiration of the permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13158. Notice of Receipt and Acknowledgment. (a) Development shall not commence until an approved permit becomes effective. (b) No approved permit shall become effective until a copy of the permit has been returned to the commission, upon which copy all permittees or agent(s) authorized pursuant to section 13053(c) have acknowledged that they have received a copy of the permit and have accepted its contents. (c) Each permit approved by the commission shall be issued to the applicant with a blank acknowledgment to be signed by each permittee. (d) The acknowledgment should be returned within ten (10) working days following issuance of the permit. (e) A permit shall not be issued pursuant to section 13158(c) unless the applicant has satisfied all prior to issuance conditions. Prior to issuance conditions are those conditions that are identified in the permit as conditions that must be complied with prior to issuance of the permit. After approval of a permit, the executive director shall notify the permit applicant of those conditions that have been designated as prior to issuance conditions. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600 and 30607, Public Resources Code. s 13160. Issuance of Permits. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30333, Public Resources Code. s 13161. Distribution of Permit Copies. Copies of permits shall be sent to the permittee(s), to the local government with jurisdiction over the area in which the proposed development is to be located and to any person who requires or would be interested in such a copy in the opinion of the executive director. Copies of relevant project plans shall be transmitted to the local government where feasible. s 13162. Notice of Permits. Notice of the commission approval of a permit shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(E). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 13163. Disputes over Contents of Permits. (a) Any permittee who feels that the permit issued does not correctly embody the action of the commission shall immediately so inform the executive director. Any such questions that cannot be resolved by consultation between the permittee and the executive director shall promptly be referred by the executive director to the commission for decision. Note: Authority and reference cited: Section 30333, Public Resources Code. s 13164. Applications for Amendments. Applications for amendments to permits shall be made in writing. Such applications are subject to the requirements for filing and processing permit applications set forth in Subchapter 1 of these regulations. Note: Authority cited: Sections 30333, Public Resources Code. Reference: Sections 30600 and 30620, Public Resources Code. s 13165. Amendments to Administrative Permits. (a) Amendments to administrative permits may be approved by the executive director upon the same criteria and subject to the same reporting requirement and procedures, including public notice and appeals to the commission, as provided for the original issuance of such administrative permits in Sections 13145-13153. (b) If any proposed amendment would, in the opinion of the executive director, increase the cost of the proposed development to an amount over the amounts specified by Public Resources Code, Section 30624 the application shall thereafter be treated in the manner prescribed by Section 13166. s 13166. Amendments to Permits Other Than Administrative Permits. (a) The executive director shall reject an application for an amendment to an approved permit if he or she determines that the proposed amendment would lessen or avoid the intended effect of an approved or conditionally approved permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligence, have discovered and produced before the permit was granted. (1) An applicant may appeal the executive director's determination to the commission. The appeal must be submitted in writing and must set forth the basis for appeal. The appeal must be submitted within 10 working days after the executive director's rejection of the amendment application. If timely submitted, the executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable and shall provide notice of the hearing to all persons the executive director has reason to know may be interested in the application. (2) If the commission overturns the executive director's determination, the application shall be accepted for processing in accordance with subsection (c) below. (b) For those applications accepted, if the executive director determines that a proposed amendment has the potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline, the amendment shall be deemed a material amendment to the permit. Material amendments shall be processed in accordance with subsection (c) below. If the executive director determines that the proposed amendment is immaterial, notice of such determination including a summary of the procedures set forth in this section shall be posted at the project site and mailed to all persons the executive director has reason to know may be interested in the application. (1) If no written objection to a notice of immaterial amendment is received at the commission office within ten (10) working days of mailing notice, the determination of immateriality shall be conclusive and the amendment shall be approved. (2) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does not raise an issue of conformity with the Coastal Act or certified local coastal program if applicable, the immaterial amendment shall not be effective until the amendment and objection are reported to the commission at its next regularly scheduled meeting. The executive director shall include a copy of the letter(s) of objection to the commission with the report. If any three (3) commissioners object to the executive director's designation of immateriality, the amendment application shall be referred to the commission for action as set forth in subsection (c) below. Otherwise, the immaterial amendment shall become effective. (3) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does raise an issue of conformity with the Coastal Act or a certified local coastal program if applicable, the immaterial amendment application shall be referred to the commission for action as set forth in subsection (c) below. (c) If the executive director determines that the proposed amendment is material, the application shall be referred to the commission in accordance with the procedures of Subchapter 1. The commission shall approve the amendment if it finds, by a majority vote of the membership present, that the development as amended conforms with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program if applicable. The commission may approve the amendment subject to reasonable conditions. The decision shall be accompanied by findings in accordance with Section 13096. (d) The procedures specified in this section shall apply to amendments of permits which were previously approved on the consent calendar unless the commission adopts expedited procedures for amendments to such permits. (e) The procedures specified in this section shall apply to applications for amendments of permits issued under the California Coastal Zone Conservation Act of 1972, except as specified in Public Resources Code Section 30609. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604, 30609 and 30620, Public Resources Code. s 13168. Application Fee. All applications for amendments to permits shall be accompanied by the fee specified in section 13055 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13169. Extension of Permits. (a) Prior to the time that commencement of development under a permit granted by either the regional commission or the commission must occur under the terms of the permit or Section 13156, the applicant may apply to the executive director of the commission for an extension of time not to exceed an additional one year period. The executive director shall not accept the application unless it is accompanied by all of the following: (1) evidence of an approved, unexpired permit, (2) evidence of the applicant's legal interest in the property involved in the permit, (3) the fee specified in section 13055 of these regulations, and (4) stamped envelopes addressed to each person specified in section 13054 of these regulations and each person who testified, orally or in writing at prior permit hearing(s). (b) For those applications accepted, the executive director shall determine whether there are changed circumstances that may affect the consistency of the development with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program, if applicable. If the executive director determines that there are no changed circumstances that may affect consistency of the development, he or she shall mail notice of such determination including a summary of the procedures set forth in this section to all parties the executive director has reason to know may be interested in the application including all persons identified in section 13054 of these regulations and all persons who participated in previous permit hearings. The applicant shall post such notice at the project site within three (3) days of the executive director's mailing of the notice to interested parties. The executive director shall also report the determination to the commission to provide the commission with an opportunity to object to the executive director's determination. The time for commencement of development shall be extended for one year from the expiration date of the permit if both of the following occur: (1) no written objection to the executive director's determination is received within 10 working days after mailing notice, and (2) three commissioners do not object to the executive director's determination. (c) If the executive director received a written objection to his or her determination but concludes that the objection does not identify changed circumstances that may affect the consistency of the development with the Coastal Act or a certified local coastal program, if applicable, the executive director shall report this conclusion to the commission at the same time that the executive director reports the determination to the commission in accordance with subsection (b) above. The executive director shall provide a copy of the letter(s) of objection to the commission with the report. If three commissioners object to the extension on grounds that there may be changed circumstances that affect consistency, the executive director shall schedule the extension for hearing(s) in accordance with subsection (d) below. If three commissioners do not object to the extension, the time for commencement of development shall be extended for one year from the expiration date of the permit. (d) If the executive director receives an objection to his or her determination and concludes that the objection identifies changed circumstances that may affect the consistency of the development or if the executive director determines that due to changed circumstances the proposed development may not be consistent, the application shall be scheduled for a hearing on whether there are changed circumstances that affect consistency. The executive director shall provide notice of such hearing to any person(s) the executive director has reason to know would be interested in the matter. The executive director shall prepare a report for the hearing that describes any pertinent changes in conditions or circumstances relating to each requested permit extension. (1) If three (3) commissioners determine that there are changed circumstances that affect consistency of the development with Chapter 3 policies of the Coastal Act or with a certified local coastal program if applicable, the extension shall be denied and the development shall be set for a full hearing of the commission pursuant to Subchapter 1 of these regulations. However, the applicant shall not be required to file a new permit application but instead, shall submit any information that the executive director determines is necessary to evaluate the effect of the changed circumstances. (2) If no such determination is made by three commissioners, the time for commencement of development shall be extended for one year from the expiration date of the permit. (e) Any extensions applied for prior to the expiration of the permit shall automatically extend the time for commencement of development until such time as the commission has acted upon the extension request; provided, however, that the applicant shall not undertake development during the period of automatic extension provided in this section. (f) The procedures specified in this section shall apply to extensions of all permits approved by the commission, including those approved on appeal, on the consent calendar and as administrative permits. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604 and 30620.6, Public Resources Code. s 13170. Transfer of Permits. (a) Any person may request that the commission records be revised to reflect that he or she has assumed the rights and obligations of a coastal development permit by acquiring property on which development has been approved, initiated, or completed pursuant to a permit by submission of the following: (1) an affidavit executed by the landowner attesting to the landowner's acknowledgment of the terms and conditions of the permit; (2) evidence of the landowner's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit; and (3) a copy of the original permit showing that it has not expired. (b) Upon the executive director's written approval of the documentation submitted, the documentation shall become part of the project file maintained by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13171. Staff Inspection. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13172. Violation of Permits. Violation of a permit or any term, condition, or provision of a permit is grounds for enforcement under this Section and under Chapter 9 of the California Coastal Act of 1976. Whenever the executive director of the commission determines that a violation of a permit or term, condition, or provision of a permit has occurred or is threatened, the executive director shall refer the matter to the Attorney General for appropriate action. Where such a violation has occurred or is threatened, the Attorney General may file an action in the name of the commission for equitable relief to enjoin such violation of, or for, civil penalties, or both, or may take other appropriate action pursuant to Chapter 9 of the California Coastal Act of 1976. s 13173. Enforcement of the Coastal Act. Whenever the executive director of the commission determines that any violation of the provisions of the California Coastal Act of 1976 has occurred or is threatened, the Attorney General may file an action in the name of the commission for equitable relief to enjoin such violation, or for civil penalties, or both, or may take other appropriate action pursuant to Chapter 9 of the California Coastal Act of 1976. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Chapters 1, 2, 4 and 7 of Division 20, Public Resources Code. s 13174. Lawsuits by Regional Commissions. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30334 and 30620, Public Resources Code. s 13180. Definition. (a) The term "satisfactory manner" when used to characterize a response to a notice provided in accordance with the requirements of section 30809(b) of the Public Resources Code shall mean a response which is made in the manner and within the timeframe specified in the notice and either: (1) provides information sufficient to demonstrate to the satisfaction of the executive director that either (A) the activity specified in the notice does not meet the criteria of section 30809(a) of the Public Resources Code or (B) the person(s) to whom the notice was directed is/are not responsible for the activity, or (2)(A) provides all information concerning the activity requested by the notice, (B) results in an immediate and complete cessation of all work on the project, or portion thereof, specified in the notice, and (C) includes an agreement by the recipient(s) of the notice, followed by actions which fully carry out such agreement, to comply in the manner and within the timeframe specified in the notice with any request to undertake measures for the purpose of preventing irreparable injury to the area in which the activity is located. (b) The executive director retains discretion over the decision of whether or not to issue a cease and desist order pursuant to section 30809 notwithstanding the submittal of a response to a section 30809(b) notice which may not be fully satisfactory within the meaning of this section. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30809(b), Public Resources Code. s 13181. Commencement of Cease and Desist Order Proceeding Before the Commission. (a) If the executive director believes that the results of an enforcement investigation so warrant, he or she shall commence a cease and desist order proceeding before the commission by providing any person whom he or she believes to be engaging in development activity as described in section 30810(a) of the Public Resources Code with notice of his or her intent to do so. Such notice of intent shall be given either as a provision of a cease and desist order issued pursuant to section 30809 of the Public Resources Code or by separate written communication delivered either (1) by certified mail, (2) by regular mail, receipt of which is confirmed by subsequent oral communication either in person or by telephone, or (3) by hand, and shall include, at minimum, the information specified in sections 13187(a)(4), (5), and (6) together with an explanation of the basis of the executive director's belief that the specified activity meets the criteria of section 30810(a). The notice of intent shall be accompanied by a "statement of defense form" that conforms to the format attached to these regulations as Appendix A. The person(s) to whom such notice is given shall complete and return the statement of defense form to the Commission by the date specified therein, which date shall be no earlier than 20 days from transmittal of the notice of intent. (b) The executive director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection (a) of this section upon receipt within the time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the executive director identifies to the requesting party as being exempt from the submittal deadline and shall be valid only for such additional time as the executive director allows. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13182. Distribution of Notice of Hearings on Proposed Cease and Desist Order. At least ten (10) days prior to a hearing on a proposed commission cease and desist order, the executive director shall mail by regular mail a written notice of the date, time, and place of the initial hearing to all alleged violators at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the alleged violator if the alleged violator has already received notice of the hearing in a cease and desist order issued by the executive director. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13183. Contents of an Executive Director's Recommendation on Proposed Cease and Desist Order. (a) The executive director shall prepare a recommendation on a proposed commission cease and desist order. (b) The executive director's recommendation shall be in writing and shall include, at minimum: (1) a copy of any statement of defense form completed and returned to the Commission by the alleged violator(s) pursuant to section 13181; (2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by staff in its violation investigation, (C) a list of all allegations either admitted or not contested by the alleged violator(s), (D) all defenses and mitigating factors raised by the alleged violator(s), and (E) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents; (3) a summary and analysis of all unresolved issues; (4) a statement of (A) whether the executive director has issued a cease and desist order relating to the same activity, and if so (B) its expiration date; and (C) the extent of the alleged violator(s)' compliance therewith; (5) the proposed text of any cease and desist order that the executive director recommends that the commission issue. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13184. Distribution of Executive Director's Recommendation. The executive director's recommendation on a proposed cease and desist order shall be distributed to the alleged violator(s) and otherwise to the persons and in the manner provided in section 13059 of these regulations for application summaries. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13185. Procedure for Hearing on Proposed Cease and Desist Order. A hearing on a proposed cease and desist order shall proceed in the following manner: (a) the Chair shall announce the matter, ask all alleged violators or their representatives present to identify themselves for the record, indicate what matters are already part of the record, and announce the rules of the proceeding including (1) any imposition pursuant to subsection (b) of time limits for presentations to be made by the staff, the alleged violator(s), and the public at the hearing and (2) the right of any speaker to propose to the Commission before the close of the hearing any question(s) for any Commissioner, in his or her discretion, to ask of any other speaker; (b) the Chair may impose time limits based on the circumstances of the alleged violation(s), the number of other items contained on the meeting agenda, the number of persons who intend to speak, and such other factors as the Chair believes relevant; (c) the staff shall summarize its violation investigation and proposed findings with particular attention to issues which remain in controversy; (d) each alleged violator or its representative may present its position(s) on the matter(s) relevant to the alleged violation or proposed order with particular attention to those issue(s) where an actual controversy exists between the staff and the party(ies). Presentation of evidence which could have been but was not set forth in a statement of defense form pursuant to section 13181 shall be grounds for a determination by the commission, in its discretion, (1) to trail the matter to later in same day or to a later day of the meeting or (2) to continue the matter to a subsequent meeting to give the staff an opportunity to review and respond to the new evidence; (e) other speakers may speak concerning the matter; (f) the chair shall close the public hearing after the staff, all alleged violators, and the public have completed their presentations; (g) commissioners may ask questions, including any question(s) proposed by any speaker under authority granted pursuant to subsection (a), of any speaker at any time during the hearing or deliberations; (h) the commission shall deliberate and determine, by majority vote of those present and voting, whether to issue a cease and desist order either in the form recommended by the executive director or as amended by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13186. Evidence Rules. Presentation and consideration of evidence at a hearing on a proposed cease and desist order shall be governed by the standards set forth in section 13065 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code. s 13187. Contents and Reporting of Cease and Desist Orders. (a) Cease and desist orders shall be signed by the executive director and shall contain at a minimum the following: (1) a statement of whether the executive director is issuing the order pursuant to section 30809 of the Public Resources Code or the commission is issuing the order pursuant to section 30810 of the Public Resources Code; (2) if applicable, a statement that the cease and desist order is being issued pursuant to subsection (a)(1), (2), or (3) of section 30809 or 30810 of the Public Resources Code; (3) in the case of any order issued by the executive director: (A) a copy of the written notice or confirmation of notice, as the case may be, previously provided pursuant to section 30809(b) of the Public Resources Code to the person(s) to whom the order is directed; (B) if applicable, notice of the executive director's intent to commence a proceeding for the issuance of a cease and desist order by the commission relating to the same activity, including notice of the date and place of the public hearing to be held as part of such a proceeding if the executive director has scheduled one; (4) the names of the person or persons who have undertaken or who are threatening to undertake the activity that is the subject of the order; (5) identification of the property where the activity has been undertaken or may be undertaken; (6) a description of the activity; (7) the effective date of the order; (8) the expiration date, if any, of the order; (9) any terms, conditions, or other provisions authorized by sections 30809(c) or 30810(b) of the Public Resources Code. Any term or condition that the commission may impose pursuant to section 30810(b) of the Public Resources Code which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred; (10) in the case of any order issued by the commission, written findings that (A) explain the decision to issue the order and (B) provide the factual and legal basis for the issuance of the order; (11) notice that any person to whom the order is directed may seek from the superior court a stay of the order pursuant to section 30803(b) of the Public Resources Code. (12) a statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in section 30821.6 of the Public Resources Code of the failure to do so. (b) The executive director shall report to the commission any cease and desist order he or she (1) issues and serves as provided in section 30809(d) of the Public Resources Code, or (2) modifies or rescinds as provided in section 13188(a), at the commission's next regularly scheduled meeting after any such action. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30803(b), 30809, 30810 and 30821.6, Public Resources Code. s 13188. Rescission or Modification of Cease and Desist Orders. (a) The executive director may rescind or modify a cease and desist order that he or she has issued, but he or she shall not do so in a manner that extends the 90-day expiration period provided for in section 30809(e) of the Public Resources Code unless the person(s) subject to the order stipulate(s) in writing to the extension. The executive director may, however, issue consecutive cease and desist orders for a persisting violation or a persisting threatened violation. In connection with the issuance of any such consecutive cease and desist order the executive director shall issue a statement explaining the circumstances which in his or her opinion justify issuance of such an order. (b) The commission, after public hearing, may rescind or modify a cease and desist order that it has issued. A proceeding for such a purpose may be commenced by (1) any person to whom the cease and desist order is directed, (2) the executive director or (3) any two members of the commission. A person to whom a cease and desist order is directed may commence a proceeding for the purpose of rescinding or modifying that cease and desist order only where the person demonstrates to the satisfaction of the executive director that there has been a material change in the facts upon which the order was issued. Upon receipt of a request pursuant to this subsection (b) for rescission or modification of a cease and desist order issued by the Commission, a hearing on the request shall be held at the next regularly scheduled meeting or as soon thereafter as is practicable after notice to all persons subject to the order or whom the executive director otherwise has reason to know would be interested in the matter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30809 and 30810, Public Resources Code. Appendix A Statement of Defense Form DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH THE COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, (FURTHER) ADMINISTRATIVE OR LEGAL ENFORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INITIALED AGAINST YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BE USED AGAINST YOU. YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE COMMISSION ENFORCEMENT STAFF. This form is accompanied by either a cease and desist order issued by the executive director or a notice of intent to initiate cease and desist order proceedings before the commission. This document indicates that you are or may be responsible for or in some way involved in either a violation of the commission's laws or a commission permit. The document summarizes what the (possible) violation involves, who is or may be responsible for it, where and when it (may have) occurred, and other pertinent information concerning the (possible) violation. This form requires you to respond to the (alleged) facts contained in the document, to raise any affirmative defenses that you believe apply, and to inform the staff of all facts that you believe may exonerate you of any legal responsibility for the (possible) violation or may mitigate your responsibility. This form also requires you to enclose with the completed statement of defense form copies of all written documents, such as letters, photographs, maps, drawings, etc. and written declarations under penalty of perjury that you want the commission to consider as part of this enforcement hearing. You should complete the form as fully and accurately as you can and as quickly as you can and return it no later than _______________ to the commission's enforcement staff at the following address: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, California 94105 If you have any questions, please contact as soon as possible ____________________ of the commission enforcement staff at telephone number 415-904-5200. 1. Facts or allegations contained in the cease and desist order or the notice of intent that you admit (with specific reference to the paragraph number in such document): __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 2. Facts or allegations contained in the cease and desist order or notice of intent that you deny (with specific reference to the paragraph number in such document): __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 3. Facts or allegations contained in the cease and desist order or notice of intent of which you have no personal knowledge (with specific reference to the paragraph number in such document): __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the possible violation (be as specific as you can; if you have or know of any document(s), photograph(s), map(s), letter(s), or other evidence that you believe is/are relevant, please identify it/them by name, date, type, and any other identifying information and provide the original(s) or (a) cop(y/ies) if you can): __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 5. Any other information, statement, etc. that you want to offer or make: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 6. Documents, exhibits, declarations under penalty of perjury or other materials that you have attached to this form to support your answers or that you want to be made part of the administrative record for this enforcement proceeding (Please list in chronological order by date, author, and title and enclose a copy with this completed form): __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ s 13190. Definition. The elements of the term "continuing resource damage," as such term is used in section 30811 of the Public Resources Code, shall have the following meanings: (a) "Resource" means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, including but not limited to public access, marine and other aquatic resources, environmentally sensitive wildlife habitat, and the visual quality of coastal areas. (b) "Damage" means any degradation or other reduction in quality, abundance, or other quantitative or qualitative characteristic of the resource as compared to the condition the resource was in before it was disturbed by unpermitted development. (c) "Continuing," when used to describe "resource damage," means such damage which continues to occur as of the date of issuance of the restoration order. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13191. Commencement of Restoration Order Proceeding Before the Commission. (a) If the executive director believes that the results of an enforcement investigation so warrant, he or she shall commence a restoration order proceeding before the commission by providing any person whom he or she believes to have engaged in development activity as described in section 30811 of the Public Resources Code with notice of his or her intent to do so. Such notice of intent shall be given either as a provision of a staff report prepared pursuant to sections 13057 and/or 13075 of these regulations or by separate written communication delivered either (1) by certified mail, (2) by regular mail receipt of which is confirmed by subsequent oral communication either in person or by telephone, or (3) by hand, and shall include, at minimum, the information specified in sections 13196(a), (b), and (c) together with an explanation of the basis of the executive director's belief that the specified activity meets the criteria of section 30811. The notice of intent shall be accompanied by a "statement of defense form" that conforms to the format attached as Appendix A to Subchapter 8 of these regulations. The person(s) to whom such notice is given shall complete and return the statement of defense form to the Commission by the date specified therein, which date shall be no earlier than 20 days from transmittal of the notice of intent. (b) The executive director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection (a) of this section upon receipt within the time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the executive director identifies to the requesting party as being exempt from the submittal deadline and shall be valid only for such additional time as the executive director allows. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13192. Distribution of Notice of Hearings on Proposed Restoration Order. At least ten (10) days prior to a hearing on a proposed restoration order, the executive director shall mail by regular mail a written notice of the date, time, and place of the initial hearing to all alleged violators at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the alleged violator if the alleged violator has already received notice of the hearing in a staff report prepared by the executive director. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13193. Contents of an Executive Director's Recommendation on Proposed Restoration Order. (a) The executive director shall prepare a recommendation on a proposed restoration order. (b) The executive director's recommendation shall be in writing and shall include, at minimum: (1) a copy of any statement of defense form completed and returned to the Commission by the alleged violator(s) pursuant to section 13191; (2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by staff in its violation investigation, (C) a list of all allegations either admitted or not contested by the alleged violator(s), (D) all defenses and mitigating factors raised by the alleged violator(s), and (E) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents; (3) a summary and analysis of all unresolved issues; (4) the proposed text of any restoration order that the executive director recommends that the commission issue. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13194. Distribution of Executive Director's Recommendation. The executive director's recommendation on a proposed restoration order shall be distributed to the alleged violator(s) and otherwise to the persons and in the manner provided in section 13059 of these regulations for application summaries. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13195. Procedure for Hearing on Proposed Restoration Order. A hearing on a proposed restoration order shall proceed in the manner and in accordance with the rules of evidence specified in sections 13185 and 13186 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13196. Contents of Restoration Orders. Restoration orders shall be signed by the executive director and shall contain at a minimum the following: (a) the names of the person or persons who have undertaken the activity that is the subject of the order; (b) identification of the property where the activity has been undertaken; (c) a description of the activity; (d) the effective date of the order; (e) any terms, conditions, or other provisions authorized by section 30811 of the Public Resources Code. Any term or condition that the commission may impose which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred; (f) written findings that (A) explain the decision to issue the order and (B) provide the factual and legal basis for the issuance of the order; (g) a statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in section 30821.6 of the Public Resources Code of the failure to do so. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13197. Rescission or Modification of Restoration Orders. The commission, after public hearing, may rescind or modify a restoration order that it has issued. A proceeding for such a purpose may be commenced by (a) any person to whom the restoration order is directed, (b) the executive director or (c) any two members of the commission. A person described in subsection (a) may commence a proceeding for the purpose of rescinding or modifying a restoration order only where the person demonstrates to the satisfaction of the executive director that there has been a material change in the facts upon which the order was issued. Upon receipt of a request pursuant to this section for rescission or modification of a restoration order, a hearing on the request shall be held at the next regularly scheduled meeting or as soon thereafter as is practicable after notice to all persons subject to the order or whom the executive director otherwise has reason to know would be interested in the matter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30811, Public Resources Code. s 13200. Scope. Any person claiming a vested right in a development and who wishes to be exempt from the permit requirements of the Act pursuant to Public Resources Code Section 30608 must substantiate the claim in a proceeding before the Commission under this subchapter. In such a proceeding the claimant shall assume the burden of proof. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13201. Obligation to File. Any person who claims that a development is exempt from the permit requirements of Public Resources Code, Section 30600 or 30601 by reason of a vested right under Public Resources Code, Section 30608 must file a claim of vested rights with the commission and obtain approval under this subchapter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13202. Claim Forms. Claim of vested rights forms shall be published by the commission. The executive director of the commission shall revise the form as necessary to assist claimants in providing the information necessary to substantiate a claim, provided, however, that any significant change in the type of information requested must be approved by the commission. A claim of vested rights shall be filed only after the claimant has provided the commission with all the information called for by the form, as well as any other information which the executive director of the commission deems necessary to review the claim. In no event shall a claim of vested rights be deemed filed until after the passage of five (5) working days from the date it is received by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30305 and 30620, Public Resources Code. s 13203. Initial Determination. As soon as practicable after the filing of a claim, and in no event later than 30 days from the filing date, the executive director of the commission shall make an initial determination whether the claim of vested rights appears to be substantiated; notice of the initial determination shall be transmitted to the claimant and to any person(s) requesting notice or known by the executive director to be interested. Based on that initial determination, the executive director shall make a written recommendation to the commission for consideration at the hearing on the claim of vested rights application at the next succeeding regularly scheduled meeting. At such hearing, the executive director shall introduce into evidence all evidence submitted by the applicant and all evidence submitted either supporting or in opposition to the application up to the deadline for submission of evidence established by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13204. Notice. Notice of the recommendation and the date of the public hearing on the claim shall be made in the manner prescribed by Section 13059 . s 13205. Acknowledgment Hearing Procedure. (a) Commission action on a claim of vested rights shall be supported by written findings of fact. If the commission finds that a claim of vested rights is substantiated, it shall acknowledge the claim. If it finds that a claim is not substantiated, it shall deny the claim. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued for the purpose of submitting further evidence and for action at the next succeeding meeting following the receipt and review of the information. (b) Claims which the executive director recommends be acknowledged may be placed on a consent calendar and processed in the manner provided by Sections 13101 and 13103. (c) All other claims shall be processed in the manner provided by Sections 13080-13096. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13206. Appeal to the Commission. Note: Authority cited: Section 30333, Public Resources Code. s 13207. Effect of Vested Right. A final determination of the commission recognizing a claim of vested rights shall constitute acknowledgment that the development does not require a coastal development permit under Public Resources Code, Section 30600 or 30601 provided that no substantial change may be made in the development except in accordance with the permit requirements of the California Coastal Act of 1976. If the approvals upon which the acknowledgment is based lapse either by their own terms or pursuant to any provision of law, the acknowledgment made under this subchapter shall no longer be in effect and the development shall become subject to the permit requirements of the California Coastal Act of 1976. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13208. Notification to Local Government. As soon as practicable after final action on a claim of vested rights by the commission the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, to the claimant and to any person known by the executive director to be interested in the matter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. Note: Authority cited: Section 30333, Public Resources Code. s 13211. Effect of Permit Granted Under the California Coastal Zone Conservation Act of 1972. Note: Authority cited: Section 30333, Public Resources Code. s 13212. Amendment of Recorded Conditions in 1972 Act Permits. Note: Authority cited: Section 30333, Public Resources Code. s 13213. Extension of Permits Granted Under the 1972 Act. (a) The time limits for commencement of construction under a permit granted under the California Coastal Zone Conservation Act of 1972 shall be determined from the regulations of the California Coastal Zone Conservation Commission in effect on December 31, 1976 or by any specific actions taken pursuant to the California Coastal Zone Conservation Act of 1972, if not expressly stated in the terms and conditions of the permit. (b) Prior to the time that commencement of construction under a permit granted by either the regional commission or the commission must occur under the terms of subsection (a) the applicant may, upon payment of a $50 fee (or a $25 fee in the case of extension of permit for single-family residences) apply to the executive director of the commission for an extension of time not to exceed an additional one year period. The application shall be accompanied byevidence of a valid, unexpired permit, acknowledged pursuant to the requirements in effect at the time the permit was issued, and of the applicant's continued legal interest in the property involved in the permit. The application shall be processed in accordance with the procedures of Section 13169. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code. s 13214. Scope. Any person claiming a development to be exempt from the permit requirements of the Act pursuant to Public Resources Code Section 30608.5 must substantiate the claim in a proceeding under this subchapter. In such a proceeding the claimant shall assume the burden of proof. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.1. Obligation to File. Any person who claims that a development is exempt from the permit requirements of the Public Resources Code, Section 30600 or 30601 pursuant to Public Resources Code, Section 30608.5 must file a claim with the commission and obtain approval under this subchapter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.2. Claim Forms. Claim forms shall be published by the commission. The executive director of the commission shall revise the form as necessary to assist claimants in providing the information necessary to substantiate a claim, provided, however, that any significant change in the type of information requested must be approved by the commission. A claim shall be filed only after the claimant has provided the commission with all the information called for by the form, as well as any other information which the executive director of the commission deems necessary to review the claim. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.3. Initial Determination. As soon as practicable after the filing of a claim, and in no event later than 30 days from the filing date, the executive director of the commission shall make an initial determination whether the claim appears to be substantiated; notice of the initial determination shall be transmitted to the claimant and to any person(s) requesting notice or known by the executive director to be interested. Based on the initial determination, the executive director shall make a written recommendation to the commission for consideration at the hearing on the claim application at the next succeeding regularly scheduled meeting. At such hearing the executive director shall introduce into evidence all information submitted by the applicant or other interested parties either supporting or in opposition to the application up to the deadline for submission of evidence established by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.4. Notice. Notice of the recommendation and the date the public hearing on the claim shall be made in the manner prescribed by Section 13059. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.5. Acknowledgment Hearing Procedure. (a) Commission action on a claim shall be supported by written finding of facts. If the commission finds that a claim is substantiated, it shall acknowledge the claim. If it finds that a claim is not substantiated, it shall deny the claim. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued for the purpose of submitting further information and for action at the next succeeding meeting following the receipt and review of the information. (b) Claims which the executive director recommends be acknowledged may be placed on a consent calendar and processed in the manner provided by Sections 13101 and 13103. (c) All other claims shall be processed in the manner provided by Sections 13080-13096. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.6. Appeal to the Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.7. Effect of Acknowledged Claim. A final determination of the commission recognizing a claim pursuant to Public Resources Code Section 30608.5 exists shall constitute acknowledgment that the development does not require a coastal development permit under Public Resources Code, Section 30600 or 30601 provided that this shall only apply to developments actually completed or where substantial work has been undertaken prior to July 1, 1981. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13214.8. Notification to Local Government. As soon as practicable after final action on a claim by the commission, the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, the claimant, and to any person known by the executive director to be interested in the matter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code. s 13215. Urban Land Exclusion. The provisions of this subchapter shall govern the exclusion of any urban land area from the provisions of Chapter 7 of the California Coastal Act of 1976 pursuant to Public Resources Code, Section 30610.5. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code. s 13216. Local Government Request. A local government may request, in writing, that an urban land area be excluded by the commission from the permit provisions of the California Coastal Act of 1976. The request for exclusion shall include, or be accompanied by the following: (a) A description specifically identifying the land area for which the exclusion is requested. (b) Information describing the zoning in effect on January 1, 1977. (c) A description or statement as to the density of the development existing on or before January 1, 1977. (d) A description of any existing or proposed regulatory or other controls on development within the area which will insure that any future development will be infilling or replacement and will be in conformity with the scale, size, and character of the surrounding community and that any locally permitted development will have no potential for significant adverse effects, either individually or cumulatively on public access to the coast or on coastal resources. (e) Information as to the number of lots within the area requested for exclusion and the number of lots which are built upon to the same general density or intensity of use. s 13217. Material Supporting Request for Exclusion. The request for exclusion shall contain or be accompanied by the following supporting material: (a) The precise language of existing regulatory or other controls on development within the area requested for exclusion that would insure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code Section 30610.5; or proposed regulatory or other controls on development within the area requested for exclusion that the local government intends to adopt and enforce in order to assure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code 30610.5; or any combination of the above. The description of regulatory controls may include any land use controls such as height limits or open space requirements that could affect allowable density, height or nature of uses. (b) A general description of existing development within the area to be excluded, the amount of privately-owned net acreage to be excluded, and the resulting density (units per acre). (c) A reasonable estimate of the most intense development that could occur, based on the regulatory controls of the proposed exclusion. This estimate may utilize any combination of geographic units deemed appropriate by the local government and may include an analysis of the likely effects of regulatory controls such as height limits, off-street parking requirements, floor area ratio, etc. (d) An analysis of the effects of the development projected in subdivision (c) above on public access to the coast and on coastal resources. (e) Any other information as may from time to time be requested by the executive director of the commission or by the commission to determine whether and on what terms and conditions, if any, such area may be excluded pursuant to Public Resources Code, Section 30610.5. s 13218. Preliminary Review of Exclusion Request. Any local government desiring the exclusion of any urban land area within its jurisdiction, pursuant to Public Resources Code Section 30610.5, may request a preliminary advisory review of the proposed exclusion by the commission. Because the purpose of the preliminary review is to provide sufficiently detailed information to make the determinations required in Public Resources Code Section 30610.5, the exclusion request need not be in the final language required of an adopted ordinance. The commission will grant a request for a preliminary advisory review as time allows, provided such review will not adversely limit commission time required for the review of other agenda items. Any such advisory review shall be conducted at a properly noticed public hearing of the commission. The chairperson shall establish predetermined time limits for testimony by the local government and interested persons. Individual members of the commission may ask questions and make statements but no vote shall be taken. s 13219. Submission and Filing of Requests and Supporting Material. The executive director of the commission shall determine whether the request and supporting materials provide sufficient information to permit evaluation of the request pursuant to Public Resources Code Section 30610.5. These determinations shall be made by the executive director within five (5) working days after the material is received. If it is determined that the material is legally sufficient and technically complete, the request for exclusion shall be filed and the requesting local government shall be informed of the filing. If the executive director determines that the material is not sufficient, the executive director shall provide the requesting local government with a statement of the reasons why the request was not filed. Upon curing any defects, the requesting local government may resubmit the request for exclusion. Any local government submitting an application for exclusion may also request a determination from the commission as to the adequacy of the material that it has submitted for purposes of conducting the review of the urban exclusion request pursuant to Public Resources Code, Section 30610.5. s 13220. Commission Review of Request. The request for exclusion shall be scheduled for public hearing before the commission no later than 49 days after being filed unless the local government requests the executive director's approval of additional time to supplement a request for exclusion. The executive director of the commission shall prepare a report for the commission summarizing the nature and effects of the request. The report shall be prepared and distributed in the same manner as an application summary, as provided in Sections 13057 and 13059 but shall deal only with those issues raised by the requirements of Public Resources Code, Section 30610.5. Notice of the hearing shall be provided in the manner set forth in Section 13016. Oral hearing procedures shall be those set forth in Sections 13064-13068. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code. s 13221. Commission Action on Request. (a) If the staff report contained an initial staff recommendation, the commission may, at its discretion, vote on the request at the same meeting following the conclusion of the public hearing in the same manner as provided in Sections 13081-13083. (b) If the staff report did not contain an initial recommendation, the executive director shall prepare a written recommendation on the request for exclusion after the close of the public hearing. The executive director's staff recommendation shall be prepared and distributed as provided in Sections 13075 and 13076 but the proposed action, findings, and conditions shall be stated only in terms of the requirements of Public Resources Code, Section 30610.5. The commission shall act on the request for exclusion, approving or denying it in whole or in part, at the next regularly scheduled meeting following completion of the public hearing, unless the commission finds that good cause exists for continuing its action to a later time. s 13222. Effective Date of Urban Exclusion. No urban exclusion approved by the commission shall be effective until the following occur: (a) The requesting local government, by action of its governing body, acknowledges receipt of the commission's resolution of approval including any conditions which may have been required pursuant to Public Resources Code, Section 30610.5 and (b) The requesting local government, by appropriate action of its governing body, accepts and agrees to the terms and conditions, if any, to which the urban exclusion has been made subject and takes final action to implement all such conditions. s 13223. Denial of Request for Exclusion. If the commission denies a request for exclusion it shall adopta resolution indicating the reasons for such denial, and shall transmit the resolution to the requesting local government. Following such denial, a new request for exclusion of the same area may be filed with the commission after the expiration of three (3) months from the date of the commission's action, provided that the local government submits information indicating the reasons for denial have been overcome in the new request. s 13224. Termination of Final Request. The local government may at any time terminate the request for exclusion and such termination shall void the order granting the exclusion and reinstate the development controls of the California Coastal Act of 1976. Upon termination of the request, no new request for an exclusion of the same area may be filed with the commission for three (3) months from the date of termination. s 13225. Amendments to Order Granting Exclusion. The local government may request amendments to the order granting exclusion and shall file such requests with the commission. Amendments that do not result in a significant change affecting the requirements of Public Resources Code, Section 30610.5(b) may be approved by the executive director of the commission and shall be reported to the commission at the next regularly scheduled meeting of the commission for which notice can be provided pursuant to Section 13220. The findings of the executive director shall be conclusive unless three (3) or more commissioners, following any public comment on the proposed amendments request to review the determination of whether the proposed amendment would constitute a significant change. Upon such a request by three (3) or more commissioners, the commission shall determine whether the amendment would result in a significant change in density, height or nature of uses in the excluded area. If the amendment is determined not to be substantial, the amendment shall be deemed approved and shall immediately be incorporated in the original order granting the exclusion. An amendment found to be substantial shall, at the option of the local government, be treated in the same manner as a new request to exclude an urban area or as a request for a categorical exclusion pursuant to Sections 13240-13249. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code. Note: Authority cited: Sections 30331 and 30333, Public Resources Code. s 13230. Effect of an Order Granting Exclusion. An order granting exclusion removes the area in question from the provisions of Chapter 7 of the California Coastal Act of 1976, from the effective date of the exclusion order until the certification of a local coastal program or January 1, 1981, whichever is earlier and therefore no permit application otherwise requiring a local government permit for the proposed development activity shall be filed for such an area with the commission. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this Subchapter. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code. s 13231. Interpretation of Exclusion. Any person may request an interpretation of the order granting an exclusion from the executive director of the commission. The executive director shall, as soon as time and resources allow, make such interpretation; such interpretation shall be reviewed by the commission at its next regularly scheduled meeting for which notice can be provided pursuant to Section 13220. The decision of the executive director shall be conclusive unless three (3) or more members of the commission request to review the interpretation, in which case the commission shall make the interpretation by majority vote of the appointed membership. The affected local government shall be notified of any such interpretation. The commission will review any interpretation of the executive director if requested by the affected local government. s 13234. Termination upon Adoption of Local Coastal Program. Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, an urban exclusion order shall automatically be deemed terminated for that portion of the urban exclusion land area included in the approved local coastal program. Any permit granted pursuant to an exclusion order shall remain in effect, provided that no substantial change is made in the development plan previously approved and all necessary governmental approvals remain in effect. s 13235. Applicability of an Exclusion to the Local Coastal Program. The circumstances, provisions, terms conditions, etc., related to an urban exclusion shall not prejudice the certification or denial of certification of the Local Coastal Program by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code. s 13238. Scope of Subchapter. This subchapter governs procedures to process waivers from permit requirements for de minimis projects pursuant to Public Resources Code Section 30624.7. Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code. s 13238.1. Application. The executive director may issue a waiver from permit requirements after review of a completed permit application. If, upon review of the application, the executive director determines that the permit requirements may be waived, the applicant shall post public notice as required by Section 13054(b), and shall provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any person known to be interested in the proposed development of the proposed waiver. Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code. s 13238.2. Report to the Commission. The executive director shall report to the Commission those projects for which waivers have been issued under this subchapter, with sufficient description to give notice of the proposed development to the Commission. A list of waivers issued by the executive director shall be available for public inspection at the meeting during which the waivers will be reported. Any waivers issued by the executive director shall be included in the report for the next meeting. If, pursuant to Public Resources Code Section 30624.7, the Commission requests that the waiver not be effective, the applicant shall be advised that a coastal permit is required if the applicant wishes to proceed with the development. Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code. s 13240. Categorical Exclusions. The provisions of this Subchapter shall govern the procedure of the commission in considering the exclusion of any category of development or any category of development within a specifically defined geographic area from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Section 30600) pursuant to Public Resources Code, Section 30610(e). Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code. s 13241. Request for Exclusion. (a) In the case of a local government or other public agency requesting that a category of development or categories of development within a specific geographic area be excluded from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600), such agency shall provide the executive director of the commission with materials and information that the executive director deems necessary to make the findings required by Public Resources Code, Section 30610(e) and 30610.5(b) and the California Environmental Quality Act (commencing with Public Resources Code Section 21000). The executive director shall cause a public hearing on such a request to be scheduled within a reasonable time of the receipt of materials and information sufficient to allow him to evaluate whether the request for exclusion meets the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b). (b) In the case of a request by a person not representing a public agency, the executive director shall review proposed requests for categorical exclusions and submit for commission review only those requests that appear to meet the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b). (c) Commission requests shall be reviewed in the same manner as provided in subsection (a) above. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code. s 13242. Hearing Procedures. The executive director of the commission, after consultation with the public agency that approves development activity for the particular category of development proposed for exclusion with any affected local government and with any persons known to be interested in the development activity, shall prepare and distribute a report in the same manner provided in Section 13220. If the commission determines after the public hearing is closed that the proposed categorical exclusion warrants commission action, the executive director shall prepare a recommendation in the same manner as provided in Section 13221. s 13243. Commission Action on Order Granting Exclusion. The commission shall, by a two-thirds (2/3) vote of its appointed members, exclude those categories of development or categories of development within specific geographic areas that it finds meet the criteria of Public Resources Code, Section 30610(e); the commission shall require such terms and conditions as it deems necessary pursuant to Public Resources Code, Section 30610.5(b). The commission's order granting the exclusion shall contain the following: (a) A precise description of the category of development or category of development within a specific geographic area that is the subject of the exclusion in sufficient detail to permit any person to know precisely which category of development within a specific geographic area does not require a coastal development permit pursuant to Chapter 7 of the California Coastal Act of 1976. (b) Specific findings supporting such determination to grant the exclusion as required by Public Resources Code Section 30610(e). (c) Any terms and conditions necessary to comply with the requirements of Section 30610.5(b). Such terms and conditions may also specify that certain categories of development or categories of development within a specific geographic area may be excluded only on a condition that local government development approvals are reviewable by the commission in the same manner as provided in Sections 13318-13323. (d) Any category of development for which the commission shall receive notice of public agency approval. (e) A declaration that the exclusion may be rescinded at any time, in whole or in part, if the commission finds by a majority vote of its appointed membership after public hearing that the terms and conditions of the exclusion order no longer support the findings specified in Public Resources Code, Section 30610(e) and that the order may be revoked at any time that the terms and conditions of the order are violated as provided in Public Resources Code, Section 30610.5. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code. s 13244. Order Granting Exclusion. Upon adoption of an order granting an exclusion pursuant to this article, the commission shall transmit copies of such order to each applicable local government or other public agency affected by the exclusion order. No categorical exclusion approved by the commission shall be effective until the following occur: (a) The public agency which issues the permit for the category of development that is the subject of the categorical exclusion order, by action of its governing body, acknowledges receipt of the commission's resolution of approval, including any conditions which may have been required pursuant to Public Resources Code Section 30610.5; (b) The agency described in subsection (a) above, by appropriate action of its governing body, accepts and agrees to the terms and conditions to which the categorical exclusion has been made subject; and (c) The executive director of the commission determines in writing that the public agency's resolution is legally adequate to carry out the exclusion order and that the notification procedures satisfy the requirements of the exclusion order. The approval of any category of development excluded on condition that the commission shall have the right to review any such development shall be conditioned on the requirement that the public agency permit shall not become effective for twenty (20) working days following commission receipt of notification as provided in Section 13243 (c) and (d). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code. s 13244.1. Adopted Categorical Exclusions. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30610(d) and 30610.5(a) and (b), Public Resources Code. s 13245. Interpretation, Amendment or Termination of Exclusion Order. An interpretation of a categorical exclusion order may be requested in the same manner provided in Section 13231. A request for amendment to a categorical exclusion order shall be reviewed in the same manner provided in Section 13225, provided that approval of a proposed amendment shall be by two-thirds (2/3) vote of the appointed membership. A public agency may request that a categorical exclusion order be terminated in the manner provided in Section 13224. s 13247. Effect of a Categorical Exclusion Order. An order granting an exclusion for a category of development removes that category of development from the permit requirements of Chapter 7 of the California Coastal Act of 1976 to the extent and in the manner specifically provided in the exclusion order. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this subchapter or a final coastal development permit is issued. s 13248. Notification of Development Approvals. Any public agency issuing a development permit for any excluded category of development or category of development within a specific geographic area for which notification requirements are specified in the commission's exclusion order shall notify the commission of such development approval in the same manner as required in Section 13315. s 13249. Termination of Order Granting Exclusion. The commission may revoke an order granting a categorical exclusion at any time after public hearing as set forth below: (a) If the executive director or any two (2) members of the commission determine that development inconsistent with the exclusion order has been permitted and that corrective measures other than revocation have not been or may not be effective, the executive director shall cause to have scheduled a public hearing to be conducted in the manner provided in Section 13243. If the commission determines after public hearing that the conditions of exclusion have been violated, it may by a majority vote of its authorized membership, revoke the exclusion order and reinstate the permit requirements of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600) as of the date of the commission's decision to revoke the exclusion order. The procedures for rescission of an exclusion order shall be the same except that the commission must find that the terms and conclusions of the exclusion order no longer support the findings required by Public Resources Code, Section 30610(e). (b) Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, a categorical exclusion order shall automatically be deemed terminated for any category of development included in the geographic area of the approved local coastal program. (c) At the time of the termination of an exclusion order pursuant to subsection (a) above, the commission shall indicate any prior permits approved during the term of the exclusion order that will require coastal commission permit review pursuant to these regulations. Any permit approved prior to the termination of an exclusion order pursuant to subsection (b) above shall remain in effect, provided that no substantial change is made in the development plans previously approved and all necessary governmental approvals remain in effect. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code. s 13250. Improvements to Existing Single-Family Residences. (a) For purposes of Public Resources Code Section 30610(a) where there is an existing single-family residential building, the following shall be considered a part of that structure: (1) All fixtures and other structures directly attached to a residence; (2) Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and (3) Landscaping on the lot. (b) Pursuant to Public Resources Code Section 30610(a), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effects: (1) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff. (2) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas; (3) The expansion or construction of water wells or septic systems; (4) On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks. (5) In areas which the commission or a regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system. (6) Any improvement to a single-family residence where the development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit. (c) In any particular case, even though an improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(a), Public Resources Code. s 13252. Repair and Maintenance of Activities Requiring a Permit. (a) For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact: (1) Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: (A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; (B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; (C) The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or (D) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams. (2) Any method of routine maintenance dredging that involves: (A) The dredging of 100,000 cubic yards or more within a twelve (12) month period; (B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or (C) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. (3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include: (A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; (B) The presence, whether temporary or permanent, of mechanized equipment or construction materials. All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean. (b) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. (c) Notwithstanding the above provisions, the executive director of the commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation road ways. (d) Pursuant to this section, the commission may issue a permit for on-going maintenance activities for a term in excess of the two year term provided by these regulations. (e) In any particular case, even though a method of repair and maintenance is identified in subsection (a) above, the executive director may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed repair and maintenance shall not be undertaken without a permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(d), Public Resources Code. s 13253. Improvements That Require Permits. (a) For purposes of Public Resources Code Section 30610(b) where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure: (1) All fixtures and other structures directly attached to the structure. (2) Landscaping on the lot. (b) Pursuant to Public Resources Code Section 30610(b), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the Public Resources Code: (1) Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within 50 feet of the edge of a coastal bluff; (2) Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area; (3) The expansion or construction of water wells or septic systems; (4) On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure; (5) In areas which the commission or regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system; (6) Any improvement to a structure where the coastal development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit; (7) Any improvement to a structure which changes the intensity of use of the structure; (8) Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion. (c) In any particular case, even though the proposed improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(b), Public Resources Code. s 13255.0. Scope. This subchapter shall govern the request, review and implementation of proposed minor adjustments to the inland boundary of the coastal zone pursuant to Public Resources Code Section 30103(b). Boundary adjustments made pursuant to this subchapter shall be determinative for all purposes with respect to the California Coastal Act of 1976. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13255.1. Request for Boundary Adjustment. (a) The owner of the affected lot or parcel, the local government of jurisdiction, or the executive director of the commission may propose that the inland boundary of the coastal zone be adjusted to avoid bisecting any lot or parcel, or to conform the boundary to readily identifiable natural or manmade features. The request to adjust the boundary shall be made in writing to the commission. (b) The request for a boundary adjustment shall be accompanied by sufficient information to enable the commission to determine whether the proposed adjustment is consistent with Public Resources Code Section 30103(b). This information shall include: (1) Name and address of the owner of the affected lot or parcel. (2) Names and addresses of all occupants of the affected lot or parcel. (3) A description and documentation of the applicant's legal interest in the affected lot or parcel. (4) Names and addresses of all owners and occupants of all lots or parcels wholly or partially within 100 feet of the affected lot or parcel and the addresses of all such lots or parcels; (5) A map of suitable scale to show the present and proposed location of the coastal zone boundary, all lots or parcels within 100 feet of the affected lot or parcel, and the existence and location of all readily identifiable natural and manmade features; (6) A description of the existing use of the affected lot or parcel and the nearby lands. (7) A discussion of the reasons is for the request that the coastal zone boundary be adjusted. (c) The person requesting the adjustment shall post a conspicuous notice of the proposed adjustment at the time the request is submitted to the commission. The form and location of the posted notice shall be similar to that required by Section 13054(b) for permit matters. (d) The request for a boundary adjustment shall be accompanied by a filing and processing fee to be paid by check or money order in an amount determined as follows: (1) Twenty-five dollars ($25.00) if the portion of the lot or parcel affected by the adjustment is less than or equal to five acres in area. (2) Fifty dollars ($50.00) if the portion of the parcel affected by the adjustment is greater than five acres but less than or equal to forty acres in area. (3) One hundred dollars ($100.00) if the portion of the parcel affected by the adjustment is greater than forty acres but less than or equal to one thousand acres in area. (4) Two hundred and fifty dollars ($250.00) if the portion of the parcel affected by the adjustment is greater than one thousand acres in area. The executive director of the commission may waive the filing and processing fee in full or in part where the request concerns the same lot or parcel considered for a previous boundary adjustment or permit application where no substantial staff work is required or where the request is made by the local government of jurisdiction. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13255.2. Notification Requirements. The person requesting the adjustment shall provide notice to affected parties, property owners and occupants of any parcel within 100 feet of any boundary of the affected parcel and to any other persons known to be interested in the proposed boundary adjustments. This notice shall comply with the requirements prescribed in Section 13054 for permit matters. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13256.0. Consideration by Regional Commission of Requests for Boundary Adjustments. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30103(b) and 30305, Public Resources Code. s 13256.1. Staff Review. (a) Within five (5) days of receipt of a request for a boundary adjustment, the executive director of the commission shall make a preliminary review of the request. If the request does not conform to the provisions of Section 13255.1 or if the proposed adjustment patently fails to conform to the requirements of Public Resources Code Section 30103(b), the executive director of the commission shall reject the request and shall notify the person requesting the adjustment of his or her determination. (b) Following the preliminary review the executive director of the commission shall further review the requested boundary adjustment and shall investigate: (1) whether there are alternative adjustments to the boundary either seaward or landward which would be consistent with the provisions of Public Resources Code Section 30103(b) and which would result in a more readily identifiable location for the coastal zone boundary; (2) whether there are coastal resources on the affected lot or parcel which would be affected by a change in the boundary; (3) whether an adjustment to the boundary would affect coastal resources on other lands; (4) whether an adjustment to the boundary would affect opportunities for public access to or along the coast; (5) whether an adjustment to the boundary would affect the ability of local government to prepare a local coastal program in conformance with the goals, objectives and policies of the Coastal Act of 1976. In conducting the investigation of the proposed boundary adjustment the executive director of the commission shall consult with the affected local governments. (c) The executive director of the commission shall prepare and distribute a written staff recommendation regarding the requested boundary adjustment in a manner similar to the manner for preparation and distribution of staff recommendations on permit matters. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13256.2. Commission Action on Boundary Adjustment. Within 49 days of the filing of a request for a boundary adjustment the Commission shall conduct the public hearing and take action in substantially the same manner as provided in Sections 13057-13096. The Commission shall adopt a resolution regarding the request for an adjustment to the coastal zone boundary. The resolution shall be accompanied by specific factual findings to support the following legal conclusions: (a) The adjustment conforms to the requirements of Section 30103(b) of the Coastal Act; and (b) The adjustment will not interfere with the achievement of the policies of Chapter 3 of the Coastal Act; and will not prejudice the preparation of a local coastal program conforming to Chapter 3 of the Coastal Act. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code. s 13257.0. Commission Action upon Receipt of Regional Commission Recommendation. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103, Public Resources Code. s 13257.1. State Commission Action Without De Novo Public Hearing. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13257.2. State Commission Action with a De Novo Public Hearing. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13257.3. Qualifications to Testify Before the Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13257.4. Evidence. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13257.5. Adoption by State Commission. Upon commission approval of adjustment to the coastal zone boundary, the executive director of the commission shall record the adjustment on the official jurisdiction maps and file them with the appropriate county clerk within thirty (30) days of the commission action. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13258. Withdrawal of Boundary Adjustment Request. At any time before the commission commences the roll call for afinal vote on the boundary adjustment request, the person requesting the boundary adjustment may withdraw the request. The withdrawal must be in writing or stated on the record and does not require commission concurrence. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13259. Reapplication. Following a final decision upon a request for a coastal zone boundary determination, no person previously requesting a boundary adjustment may resubmit to the commission a request for a boundary adjustment for the same parcel for a period of six months from the date of the previous final decision. The six-month waiting period provided in this section may be waived by the commission for good cause. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code. s 13300. Applicability of Chapter to Developments Within the Coastal Zone. This chapter shall govern the issuance by local governments of coastal development permits pursuant to Public Resources Code Section 30600(b) and shall be applicable to any person wishing to perform or undertake any development in the coastal zone except for the following: (a) Any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled. (b) Any development by a public agency for which a local government permit is not otherwise required. (c) Any development subject to the provision of Section 30608, 30610, 30610.5, 30611 and 30624 of the Public Resources Code. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600(b) and 30601, Public Resources Code. s 13301. Coastal Development. (a) Following the implementation of a coastal development permit program by a local government as provided in Section 13307, any person wishing to perform a development within the affected jurisdiction except as specified in Section 13300 shall obtain a coastal development permit from the local government. If the development is one specified in Public Resources Code 30601, a permit must also be obtained from the commission in addition to the permit otherwise required from the local government; in such instances, an application shall not be made to the commission until a coastal development permit has been obtained from the appropriate local government. (b) Where any proposed activity involves more than one action constituting a development under Public Resources Code, Section 30106, the sum of such actions may be incorporated into one coastal development permit application and into one coastal development permit for purposes of notification requirements of Section 13315; provided, however, that no individual development activity may be commenced or initiated in any way until the overall development has been reviewed pursuant to the provisions of Sections 13315-13325. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30601, Public Resources Code. s 13302. Coastal Development Permit Program Content. In order to meet the requirements of the California Coastal Act including Public Resources Code, Sections 30602(a), 30604, 30620 and 30620.5 a local government coastal development permit program shall include, but not be limited to, the following: (a) Application forms that require, as a minimum, the same information required on the application forms adopted by the commission pursuant to Public Resources Code, Section 30620(a)(1). (b) Designation of a discretionary body or bodies which will review applications for and issue coastal development permits pursuant to the requirements of Public Resources Code, Section 30604, 30620.5(a) and 30625(c). (c) Procedures which incorporate in the permit review process the interpretive guidelines issued by the commission pursuant to Public Resources Code, Section 30620(a)(3). (d) Procedures for providing notice to the public, including all persons who request notice of pending permit applications and of rights of appeal within the local government and to the commission at a minimum equivalent to the notice required by Sections 13054 and 13063. (e) Procedures which specify; (1) The method by which interested persons may communicate concerns to the designated discretionary body or bodies which will issue coastal development permits. (2) The designation of a chain of permit appeals, if any, within the local government. (3) The point in the local review process at which a coastal development permit is deemed issued. (f) Procedures for notification to the commission and any person who in writing has requested such information of any coastal development which has been issued and of any coastal development permit which has been denied. (g) The content of the notice to the commission and other interested persons shall include, but not be limited to, 1) a copy of the permit application and any subsequent modifications thereto, 2) a summary of the action taken by the local government including written findings and 3) a verbatim copy of any conditions attached to the local government permit approval and of the findings made at the time of the approval. The executive director of the commission may modify the reporting requirements to eliminate technical matters that are not relevant to the requirements of the California Coastal Act of 1976. (h) Provisions for specific language that will be set forth in each coastal development permit making the permit effective only upon the expiration of the 20 working days from the time of the receipt of the notice by the executive director of the commission unless a valid appeal is filed within that time pursuant to Public Resources Code, Section 30602(a). Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620, 30620.5 and 30625, Public Resources Code. s 13303. Alternative Procedures for Implementation of a Local Government Coastal Development Permit Program. Consistent with the requirements of Section 13302, a local government may incorporate the coastal development permit review into any existing local permit procedure which provides for reviewing public comment, the taking of evidence and the adoption of findings on all permits at a duly noticed public hearing or it may establish a separate coastal development permit application review procedure. A local government wishing to establish a local government coastal development permit program shall meet the requirements of the California Coastal Act of 1976 either by submitting its proposed program pursuant to Section 13304 or by adopting an ordinance prepared by the commission. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13304. Notice of Intent Alternative. At least 30 days prior to the final adoption of a coastal development permit program a local government shall file a notice of intent with the commission. The notice of intent shall state the intent of the local government to adopt a coastal development permit program. Within 10 working days of receiving a notice of intent, the executive director of the commission shall prepare and distribute to the commission, to the local government and to any person known or thought to be interested an analysis of the local government's coastal development permit program. The analysis shall specify any provisions or omissions in the program which in the opinion of the executive director cause such program to be inconsistent with the requirements of the California Coastal Act or of Section 13302. The report may include recommended modifications of the program to cure the legal defects. The executive director shall make every effort to consult with the local government and suggest modifications to the coastal development permit program in order to resolve any areas of disagreement between the local government and the executive director prior to the commission's next regularly scheduled meeting. After giving notice in the manner prescribed in Section 13059, the commission shall review the executive director's report at its next regularly scheduled meeting and shall, following a public hearing on the report, adopt a resolution setting forth modifications, if any, in the local government coastal development permit program that it determines to be necessary to make such program consistent with the requirements of the California Coastal Act and Section 13302. Following 30 days after filing with the commission a notice of intent the local government may adopt a coastal development permit program for the entire area of its jurisdiction within the coastal zone. If a coastal development permit program is adopted, the local government shall by resolution pursuant to Public Resources Code, Section 30620.5(b) notify the commission and all contiguous local governments within the coastal zone and shall publish the resolution in the same manner as it would publish a notice of a proposed general plan amendment; provided, however, that such notice shall also be published in the newspaper with the widest circulation in the portion of the local government jurisdiction lying within the coastal zone. The notification to the commission shall include a specific statement as to whether or not any modifications determined by the commission to be necessary pursuant to this Section have been incorporated in the coastal development permit program. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620 and 30620.5, Public Resources Code. s 13305. Local Government Ordinance Alternative. s 13306. Coastal Development Fees. Following certification of the local government's coastal development permit system, the local government may require fees from development applicants not exceeding those set forth in Section 13055 except for costs incurred above the fee schedule in complying with the requirements of these regulations and of the California Environmental Quality Act. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620, Public Resources Code. s 13307. Map of Areas Where Coastal Commission Permit Is Required. Within 30 days of the receipt of a notice transmitted pursuant to Public Resources Code, Section 30620.5(b), the executive director of the commission shall publish a map of the coastal zone of the affected jurisdiction that delineates the areas where coastal commission permit applications will also be required pursuant to Public Resources Code, Section 30601(1) and (2). Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601 and 30620.5, Public Resources Code. s 13311. Issuance of a Coastal Development Permit. A coastal development permit shall be deemed issued (a) when final review has occurred, (b) when, if applicable, all local rights of appeal have been exhausted and (c) when findings have been made that the interpretive guidelines have been reviewed and that the proposed development conforms with the requirements of Public Resources Code, Section 30604(a) and with any applicable decision set by the commission pursuant to Public Resources, Section 30625(c). If the development is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, the local government shall also make the specific findings required by Public Resources Code, Section 30604(c). Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604, 30620.5 and 30625, Public Resources Code. s 13313. Finality of Local Action. The permit issued by the local government shall become final unless a valid appeal is filed with the commission of the notice specified in Public Resources Code 30620.5(c) or unless the permit application is subject to the requirements of Public Resources Code, Section 30601. Each local coastal development permit shall contain a statement that the permit shall not become effective until 20 working days have elapsed without an appeal to the commission following the proper receipt by the executive director of the commission of the notice of permit issuance pursuant to Section 13316. Permits subject to the requirements of Public Resources Code, Section 30601, shall also contain a statement that the permit shall not become effective until the requirements of Public Resources Code, Section 30601 have been fulfilled. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30601, 30602, 30620 and 30620.5, Public Resources Code. s 13315. Notice by Local Government. Within five (5) working days of the issuance of a permit in conformity with Section 13311 the local government shall provide notification of such issuance on a form prescribed by the commission to the office of the commission and any persons who in writing requested such notice. Unless the local government provides such notification to the commission, the permit issued by the local government shall be of no force and effect. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30620.5, Public Resources Code. s 13316. Receipt by Executive Director. The executive director of the commission shall not be deemed to have received the notice of permit issuance from the local government unless the notice form is completed and the permit on its face includes the findings required by Section 13311 and the project description set forth in the application for which the permit has been issued. If the executive director determines that the notice cannot be received, it shall be returned to the local government within five (5) working days of its submission for completion and appropriate adjustment of the 20 working day effective period statement required by Section 13313. A properly completed notice shall be received by the executive director of the commission and stamped with the date of receipt. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604 and 30620.5, Public Resources Code. s 13317. Notice by Executive Director. (a) Within 5 working days of receipt of the notice of permit issuance, the executive director of the commission shall post a description of the development, on a form prescribed by the executive director of the commission, at a conspicuous location in the office of the commission. (b) Within 7 working days of receipt of the notice of permit issuance, the executive director of the commission shall forward to all known interested persons, to the members of the commission, a description of the development, on a form prescribed by the executive director of the commission, in a manner reasonably calculated to allow time for review of the development and filing of appeals. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30620.5 and 30625, Public Resources Code. s 13318. Filing of Appeal from the Issuance of a Coastal Development Permit. An appeal of a local government's issuance of a coastal development permit may be filed by any person qualified under Public Resources Code Section 30602. The appeal must contain substantially the information required by Section 13111, must be received in the commission office before or on the 20th working day after receipt of the notice of permit issuance by the executive director of the commission and must comply with the requirements of Section 13119. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602, 30604, 30620.5 and 30625, Public Resources Code. s 13319. Filing of Appeal from the Denial of a Coastal Development Permit. Where a local government approves a development on the basis of local land use regulations but denies the issuance of a coastal development permit because it cannot make the findings required by Section 13311, the applicant may appeal such denial of the coastal development permit in the manner provided in Section 13318. In addition, such appeal shall be valid only if the local government approvals fulfill the preliminary local approval requirements of Sections 13052 or 13053. An appeal from a local government denial on the basis of local land use regulations shall not be valid. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30604 and 30625, Public Resources Code. s 13320. Effect of Appeal to the Commission. Upon receipt in the commission office of a timely valid appeal by a qualified appellant the executive director of the commission shall notify the permit applicant and the affected local government that the operation and effect of the coastal development permit has been stayed pending final action on the appeal by the commission as required by Section 30623 of the Public Resources Code. Within five (5) working days of the receipt of a notice of appeal from the commission, the affected local government shall deliver to the executive director of the commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30602 and 30623, Public Resources Code. s 13321. Commission Consideration of Appeal. Unless the commission finds that the appeal raises no substantial issue in accordance with the requirements of Public Resources Code Section 30625(b), and Section 13115(a) and (c) of these regulations, the commission shall conduct a de novo consideration of the application in accordance with the procedures set forth in Sections 13114 and 13057-13096 of these regulations. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600, 30621 and 30625, Public Resources Code. s 13323. Appeal to Commission. s 13325. Notification of Commission Action to Local Government. Following a final action by the commission on an appeal from a local government issuance of a development permit, the commission shall notify the local government of the action taken. Such notification shall ordinarily be transmitted within ten (10) working days of final action by the commission. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30600 and 30602, Public Resources Code. s 13327. Litigation Involving Local Government Coastal Permit. s 13328. Scope of the Article. This article governs special procedures for processing applications for permits by a local government pursuant to the requirements of Public Resources Code Section 30624 where the coastal development permit authority has been delegated to a local government pursuant to Public Resources Code Section 30600.5. prior to the certification of its local coastal program. It shall apply to the issuance of administrative permits by an appropriate local official so designated by resolution of the governing body of a local government that has been delegated coastal development permit authority. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13328.1. Applicant's Statement. The local government shall provide the applicant with a permit application form that allows the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established by Public Resources Code, Section 30624. The permit application form must contain: (a) An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project conforms to the provisions of Public Resources Code Section 30624 and complies withall relevant policies of the local government's certified land use plan portion of its local coastal program, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the local government will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term "significant adverse impact on the environment" shall be defined as in Public Resources Code Section 21068 (California Environmental Quality Act) and Title 15 California Administrative Code Section 15002(g). (b) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option authority to acquire the specific property by eminent domain. (c) A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application, and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in matters concerning the application. (d) Any information by the local government or designated local official determines is necessary to adequately determine whether the development is consistent with the certified land use plan. (e) The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13328.2. Applications That May Qualify for an Administrative Permit. (a) The designated local official may process as an administrative permit an application for work that conforms to the criteria set forth in Public Resources Code Section 30624, if the proposed work is, in the opinion of the designated local official, de minimis with respect to the policies and objectives of the local government's certified land use plan portion of its local coastal program. (b) If an application for an administrative permit is filed but the designated local official finds that the application does not meet the criteria of Public Resources Code Section 30624, he or she shall notify the applicant that a regular permit application is required pursuant to the provisions of Public Resources Code Section 30600.5. (c) The designated local official shall not issue an administrative permit for any development that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 which require that a coastal development permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5. (d) Any application for a development deemed a principal permitted use within the meaning of PRC Section 30624, may be issued as an administrative permit under this Article only if the development is specifically categorized as the principal permitted use in the certified land use plan or applicable zoning ordinances unless specifically set forth in PRC Section 30624. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13328.3. Copies of Application. An application asserted to be within the criteria established by Public Resources Code Section 30624 shall be furnished to the local government by the applicant initially in one (1) copy, together with one copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the designated local official, be required. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13328.4. Notice. At the time the application is submitted for filing, the applicant must post, at a conspicuous place on the site, notice that an application for a permit for the proposed development has been submitted to the local government. Such notice shall contain a general description of the nature of the proposed development and shall be in a form easily read by the public. The local government shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting, the designated local official shall refuse to file the application, or shall withdraw the application from filing if it has already been filed, when he or she learns of such failure. The applicant shall provide any additional notice to the public that the designated local official deems necessary. The appropriate local official shall also notify any persons known to be interested in the proposed development. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13328.5. Criteria and Content of Permits. (a) The designated local official may approve or modify an application for improvements or other development governed by this article on the same grounds that the local government may approve an ordinary application and may include reasonable terms and conditions required for the development to conform with the policies of the local government's certified land use plan portion of its local coastal program. (b) Permits issued for such developments shall be governed by the standards used in approving coastal development permits pursuant to Public Resources Code Section 30600.5 and implementing procedures adopted thereto. (c) A permit issued pursuant to Public Resources Code Section 30624 and this article shall contain a statement that it will not become effective until the governing body of the local government has had an opportunity to review the matter at its first scheduled meeting after that permit has been issued by the appropriate local official. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13328.6. Refusal to Grant -Notice to Applicant. (a) If the designated local official determines not to grant an administrative permit based on a properly filed application under this article, the designated local official shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determination. (b) If the designated local official makes the determination specified under (a), the applicant may proceed to file an application for a regular permit pursuant to the provisions of Public Resources Code Section 30600.5. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13328.7. Reports on Administrative Permits. The designated local official shall report in writing to the governing body of the local government at each meeting the permits that are approved under this article up until the time of the mailing for the meeting, with sufficient description of the work authorized to allow the governing body to understand the development proposed to be undertaken. Copies of this report shall be available at the meeting and shall have been mailed to the governing body and to all those persons who have in writing stated they wish to receive such notification at the time of the regular mailing for the meeting. Any such permits approved following the deadline for the mailing shall be included in the report for the next succeeding meeting. If 1/3 of the membership of the governing body of the local government so request, the issuance of an administrative permit governed by the Public Resources Code Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application governed by Public Resources Code Section 30600.5. Note: Authority cited: Sections 30333 and 30624. Reference: Sections 30600.5, and 30624, Public Resources Code. s 13328.8. Appeal of Administrative Permit. (a) Any person, the executive director of the California Coastal Commission, or any two members of the California Coastal Commission may appeal the decision to approve or deny an administrative permit to the commission. An administrative permit may not be issued until the expiration of the twenty (20) day appeal period. The twenty (20) working day period for appeal shall run from the date of the receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal. (b) Processing of an appeal shall be governed by the provisions of Public Resources Code Section 30600.5 and California Administrative Code Sections 13330-13343, and shall be scheduled, heard and processed as priority items where time limits permit. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code. s 13328.9. Amendments to Administrative Permits. (a) Amendments to administrative permits may be approved by the designated local official upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for in this article in the original issuance of such administrative permits. (b) If any amendment would, in the opinion of the appropriate local official, increase the cost of the proposed development to an amount that exceeds that specified in PRC Section 30624, the applicant shall thereafter be treated in the manner prescribed by the local governments implementing procedures adopted pursuant to PRC Section 30600.5 dealing with amendments to permits other than administrative permits. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13329. Definition of Emergency. "Emergency," as used in Public Resources Code Section 30624, and in this article, means: a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13329.1. Applications. (a) Applications in case of emergency shall be made by letter to the appropriate local official designated by the local government or in person or by telephone, if time does not allow. (b) The following information should be included in the request: (1) Nature of the emergency; (2) Cause of the emergency, insofar as this can be established; (3) Location of the emergency; (4) The remedial, protective, or preventive work required to deal with the emergency; and (5) The circumstance during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13329.2. Verification of Emergency. The appropriate local official shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13329.3. Criteria for Granting Permit. (a) The designated local official shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency. (b) The designated local official may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the local official finds that: (1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits administered pursuant to the provisions of Public Resources Code, Section 30600.5 and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit. (2) Public comment on the proposed emergency action has been reviewed, if time allows; and (3) The work proposed would be consistent with the requirements of the certified land use plan portion of the local government's local coastal program. (c) The designated local official shall not issue an emergency permit for any work that falls within the provisions of Public Resources Code Sections 30519(b) and 30601 since a coastal development permit appli cation must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13329.4. Report to the Governing Body of the Local Government and to the Coastal Commission. (a) The designated local official shall report, in writing, to the commission and to the governing body of the local government, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. (b) The report of the designated local official shall be informational only; the decision to issue an emergency permit is solely at the discretion of the designated local official subject to the provisions of this article. Note: Authority cited: Sections 30333 and 30624, Public Resources Code. Reference: Sections 30600.5 and 30624, Public Resources Code. s 13330. Scope. The procedures of this subchapter shall apply to appeals to the California Coastal Commission where the coastal development permit authority has been delegated to a local government prior to certification of its local coastal program pursuant to Public Resources Code Sections 30520, 30600.5 and 30624. The procedures shall not apply to coastal developments specified in PRC Sections 30519(b) and 30601 or with respect to any development proposed by any state agency where, pursuant to PRC Section 30600.5(b), direct application must be made to the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30520, 30600.5 and 30624, Public Resources Code. s 13331. Notice of Final Local Action. Within five (5) working days of the approval or denial of a coastal development permit, or within five (5) working days of its failure to act within any specified time limits contained in PRC Sections 30621 and Government Code Sections 65950-65957.1, a local government shall notify the commission and any person requesting such notification in writing of the final local action. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30620.5, Public Resources Code. s 13332. Commission Procedures upon Receipt of Notice of Final Local Action. Within five (5) working days of receipt of notice of final local action, the executive director of the commission shall post a description of the coastal development permit action by the local government in a conspicuous location in the commission's district office having jurisdiction of the development. At the same time, the executive director shall mail notice of the local action to members of the commission. The twenty (20) working day appeal period shall be established from the date of receipt of a notice of final local government action that contains sufficient information upon which to base an informed appeal including project description, conditions of approval, written findings and the procedures for appeal. If the executive director determines that the notice is insufficient, he shall notify the local government within five (5) working days and a sufficient notice shall be resubmitted in order to begin the twenty (20) working day appeal period. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30602 and 30620.5, Public Resources Code. s 13333. Filing an Appeal. (a) Any final action by the local government may be appealed by any person, the executive director of the commission or any two (2) members of the commission. The appeal must contain the information contained in Section 13111(a). (b) The appeal must be received in the appropriate district office on or before the twentieth (20th) working day after receipt of the notice of the final local government action. (c) The appellant shall notify the applicant, any persons known to be interested in the application, and the local government of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30602, Public Resources Code. s 13334. Effect of Appeal. The effect of the receipt of an appeal to the commission shall be as specified in Section 13112. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13335. Grounds of Appeal. The grounds of any appeal filed pursuant to this subchapter shall be that the proposed development is not in conformity with the certified land use plan portion of the local coastal program. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13336. De Novo Review. Where the appellant has exhausted local appeals a de novo review of the project by the commission shall occur only after the local decision has become final. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13337. Substantial Issue Determination. (a) At the next practicable meeting following the filing of an appeal with the commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the local government action raises a substantial issue within the meaning of PRC Section 30600.5(b). (b) Unless the commission finds that the appeal raises no substantial issue as to conformity with the certified land use plan, it shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096; except that the commission findings and final staff recommendation shall include a statement of facts and legal conclusions as to whether the proposed development conforms to the local government's certified land use plan. (c) The commission may ask questions of the applicant, the appellant, any person who participated in the local government action, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the commission present shall be required to determine not to hear an appeal. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13338. Withdrawal of Appeal. Appeals may be withdrawn as provided for in Section 13116. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code. s 13339. Remand to Local Government. At any time prior to the final vote of the commission on an appeal, the commission, after consulting the applicant, may order the application returned to the appropriate local government for further proceedings. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code. s 13340. Qualifications to Testify Before Commission. Only the applicant, appellant, persons who participated in the application before the local government (or their representatives), and the local government, shall be qualified to testify at the commission hearing at any stage of the appeal process. All other persons may submit comments in writing to the commission or executive director, copies or summaries of which shall be provided to all commissioners pursuant to Sections 13060-13061. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code. s 13341. Evidence. Evidence before the Commission shall be as provided for in Section 13118. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5, 30602 and 30620.5, Public Resources Code. s 13342. Standard of Review. The standard of review shall be whether the proposed development is in conformity with the certified land use plan portion of the local coastal program and PRC Section 30604(c). Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code. s 13343. Commission Notification of Final Action. Within five (5) working days of a final commission action on an appeal from a local government decision, the commission shall transmit notice of the action taken to the local government, the applicant, the appellant and parties who testified or orally before or in writing to the commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600.5 and 30604, Public Resources Code. s 13350. Scope of Subchapter. This subchapter shall govern Commission review of plans for public works plans pursuant to Public Resources Code Sections 30515 and 30605 to 30607.1. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30515 and 30605, Public Resources Code. s 13351. Applicability of Subchapter. This subchapter shall apply to plans for public works activity as defined in Public Resources Code Section 30114. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13352. Waiver of Preliminary Approvals. The executive director may waive the requirements of Section 13052 for preliminary approval by federal, state or local government agencies for plans submitted pursuant to this subchapter; provided however that any plan submitted pursuant to this subchapter shall contain the information required pursuant to Section 13353. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13353. Information Requirements. Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine consistency with the policies of Chapter 3 of the Coastal Act of 1976, including, but not limited to the following where applicable: (1) the specific type of activity or activities proposed to be undertaken; (2) the maximum and minimum intensity of activity or activities proposed to be undertaken (e.g., maximum number of recreational vehicle campsites, maximum treatment capacity for a sewage treatment plant, maximum traffic capacity of a road); (3) maximum size of facilities proposed to be constructed pursuant to the plan (e.g., size of a treatment outfall, number of lanes of a road) and the proposed timetable for precise definition of all projects included in the plan and any phasing of development activity contemplated; (4) the service area for the proposed activity or activities; (5) the proposed method of financing the activity or activities including any direct or indirect means of obtaining or guaranteeing funds through the assessment or any other form of levy against lands located within the coastal zone and an estimate of the projected amount of revenues to be obtained from land or water areas located in the coastal zone over the useful life of the proposed development; (6) the proposed location or alternative locations considered for any development activity or activities to be undertaken pursuant to the proposed plans. The executive director of the Commission may require the submission of any additional information the executive director deems necessary pursuant to the requirements of Public Resources Code Section 30605. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13353.5. Public Hearing Prior to Filing of Public Works Plan. Prior to the filing of a public works plan,the submitting agency or local government shall hold a public hearing at the local level on the proposed public works plan. The public hearing shall be held within a reasonable time prior to submission of the plan (as determined by the executive director) such that the public is afforded an adequate and timely comment period on the proposed plan. In determining the reasonableness of the time of the prior public hearing(s) the executive director shall consider the scope or size of the project, the progress of the originating agency toward obtaining all funding and governmental approvals, and the development of projects under the proposed plan. A steady progression of the originating agency toward development of the plan in this manner, after holding public hearings on the plan, shall constitute evidence of the reasonableness of the time of the prior public hearing. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13354. Filing of a Plan. The executive director of the Commission shall deem an application filed only at such time as the executive director determines that the information required pursuant to Section 13353 has been received at the appropriate Commission office and that all other requirements of law, and of these regulations, for a valid plan application have been met. Said review shall be completed within a reasonable time but unless there are unusual circumstances, no later than five (5) working days after the date it is received in the district office of the Commission during normal business hours of the said office. Immediately upon making such determination, the executive director shall affix the date of filing to the application file and so notify the applicant. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13355. Environmental Information. (a) The executive director shall provide, make available to the public, or demonstrate that such information has been made available in accordance with these regulations, detailed environmental information on the plan sufficient to enable the Commission to determine the consistency of the plan with the policies of the Coastal Act. (b) Where the executive director determines that it is not feasible to distribute environmental information due to the size or volume of the documents, or because of the costs of such distribution, the executive director shall provide notice to interested persons of the location of the environmental documents which are available for review, and a list of those documents. (c) The environmental information shall be distributed or made available to the public prior to public hearing on the plan. (d) The Commission shall provide the opportunity for public comment in response to the environmental information prior to the close of the public hearing on the plan. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13356. Procedures for Plan Review Prior to Certification of Local Coastal Program(s) in the Affected Area. (a) Except as provided below, for that portion or aspect of a plan submitted pursuant to this subchapter that affects a geographic area for which a local coastal program has not yet been certified by the Commission, all hearing requirements and procedures shall be the same as provided for the review of a long-range development plan as set forth in Sections 13518 to 13528. (b) Approval of a public works plan by the Commission shall be accompanied by specific written findings that the proposed development is in conformity with the provisions of the California Coastal Act of 1976 and that required mitigation will be implemented prior to or concurrent with the development causing the impact including specific factual findings supporting the following legal conclusions: (1) that the development is in conformity with Chapter 3 of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30200); (2) that there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the development as finally proposed may have on the environment. (c) The executive director of the Commission shall set the plan filed for public hearing no later than the 60th day following the date on which the application was filed. All dates for public hearing shall be set with a view toward allowing adequate public dissemination of the information and toward allowing public participation and attendance at the hearing while affording the applicants expeditious consideration of the plan. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13357. Procedure for Plan Review Following Certification of a Local Coastal Program(s) in the Affected Area. (a) Plan does not require amendment to local coastal program. (1) If, after certification of local coastal program, a proposed public works plan does not require an amendment to the local coastal program pursuant to Public Resources Code Section 30515, the person authorized to undertake the plan may submit the plan to the Commission for review and certification. The purpose of the Commission review of the plan shall be to define the scope of review of any subsequent project contained in the plan. (2) The Commission review shall be undertaken only after consultation with the affected local government who may recommend modifications necessary for the proposed plan to adequately carry out the certified local coastal program. (3) The notice and hearing requirements of Sections 13354-13356 shall also apply to any public works plan that affects directly a portion of the coastal zone for which a local coastal program has been certified by the Commission. In addition, at least ten (10) working days prior to the first public hearing on a proposed plan directly affecting such an area, the executive director of the Commission shall direct the Commission staff to consult with the affected local government with respect to the impact of the proposed plan on the coastal zone and on the certified local coastal program; the results of such consultation shall be reported to the Commission at the first public hearing on the proposed plan. At least five (5) working days prior to transmitting a written recommendation on the proposed plan to the Commission, the executive director shall request that the affected local government(s) transmit to the Commission its recommendations. (4) Approval of a public works plan by the Commission shall be accompanied by specific factual findings supporting the conclusion that the public works plan, as approved, is in conformity with the certified local coastal program in jurisdictions affected by the proposed public works plan. (5) Following Commission certification of a public works plan, any review of a specific project contained in the plan shall be to determine the conformity of the project with the certified public works plan, as provided in Sections 13358 and 13359. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30515 and 30605, Public Resources Code. s 13358. Coastal Development Permit Review Concurrent with Public Works Plan Review. (a) If a proposed project intended to be undertaken pursuant to a public works plan is submitted to the Commission for a development permit concurrent with the submittal of a public works plan, the Commission shall review the project and the plan concurrently, and shall, if the project meets the requirements of the Coastal Act, approve the project as an integral component of the public works plan. The Commission shall require conditions, where necessary, to bring the project into conformance with the Coastal Act. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13359. Specific Project Review Following Certification of Public Works Plan. The following requirements shall govern projects submitted after a public works plan is approved: (a) If a proposed project intended to be undertaken pursuant to an approved public works plan is the subject of a coastal development permit application prior to the certification of a local coastal program, the legal entity responsible for the project shall submit the notice and information regarding the proposed development pursuant to the requirements of Public Resources Code Section 30606. Such notice shall be reviewed and deemed filed by the Executive Director of the Commission only if it complies with the provisions of Sections 13353 and 13354, and only if the Executive Director determines that the information supplied is sufficient to allow the Commission to determine whether the proposed project is consistent with the certified public works plan. (b) The Commission shall, within thirty (30) working days of filing of such notice, by a majority of the members present with a quorum present determine whether the proposed development is consistent with the certified public works plan. If the Commission determines that the project is not consistent with the approved plan and that conditions may be required in accordance with the provisions of Public Resources Code Sections 30605-30607.1, in order to bring the project into conformance with the approved plan, the Commission shall vote on the proposed conditions at the next scheduled public hearing (generally no later than twenty-one (21) days after the close of the hearing that determined inconsistency with the approved public works plan.) The conditions imposed upon a project in accordance with the provisions of Public Resources Code Sections 30605-30607.1 shall be approved by a majority of the members present with a quorum present. If the Commission is unable to agree, by a majority of its members present, upon conditions, the project shall be deemed approved as proposed. (c) The hearing procedures governing the Commission's determination of consistency and action on proposed conditions shall be the same as those set forth in Section 13356. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13365. Application for Amendment to Public Works Plan. An application for an amendment to a certified public works plan shall be submitted to the executive director of the Commission and shall contain information which meets the requirements for submittal of public works plans in Sections 13353 and 13354. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13366. Public Hearings Prior to Submission of Application for Amendment to Public Works Plan. Prior to the submission of an application for an amendment to a certified public works plan, the applicant shall demonstrate that a public hearing at the local level has been held on the proposed amendment within a reasonable time prior to submission of the amendment application to the Commission. The reasonableness of the time of the prior public hearing shall be measured by the same standards as applied in Section 13353.5. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13367. Rejection of an Application for Amendment. An application for an amendment to a public works plan shall be rejected if, in the opinion of the Executive Director of the Commission, the proposed public works plan amendment would lessen or avoid the intended effect, or any conditions, of a certified public works plan. The determination by the Executive Director to reject an amendment application shall be transmitted, in writing, to the applicant with an explanation of the reasons for such rejection. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13368. Acceptance of Application for Amendment -Minor Amendment. Where an application for an amendment to a public works plan is accepted, the Executive Director shall determine whether the proposed amendment is minor in nature. If the Executive Director determines that the proposed amendment is minor in nature, notice of such determination, including a summary of the procedures set forth in this Article shall be mailed to the Commission and to all parties the Executive Director knows or has reason to know may be interested in the amendment. If no written objection to the proposed amendment is received in the Commission office within fifteen (15) working days of published notice, the proposed amendment shall be deemed minor in nature, and shall be approved. The Executive Director shall notify the Commission of the approved minor amendment at the next regular meeting of the Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13369. Acceptance of Application for Amendment -Regular Amendment. If the Executive Director determines that the proposed amendment is not minor, or if objection is made to the Executive Director's determination, or if the proposed amendment affects conditions required in the certified plan for purposes of protecting a coastal resource or coastal access consistent with the findings required in Section 13356, the amendment application shall be processed in accordance with Sections 13370 to 13371 below. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13370. Notice of Proposed Public Works Plan Amendment. The Executive Director shall notify the Commission, the applicant, any persons who participated in the Commission hearings for review of the public works plan, and any other persons known or thought to be interested in the proposed public works plan amendment of the acceptance of the amendment application. This notice shall be provided in the same manner and shall contain the same type of information as required for processing permit applications in Section 13057 and as required for the processing of public works plans in Section 13355. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13371. Procedure for Review of Public Works Plan Amendment. The hearing requirements and procedures for review of a public works plan amendment shall be the same as provided for the review of public works plans as provided in Section 13356, provided however, that where a public works plan amendment is submitted for a public works plan that was approved prior to the certification of a local coastal program, the following procedures shall apply: (1) At least 10 working days prior to the first public hearing on a proposed plan amendment directly affecting a portion of the coastal zone for which a local coastal program has been certified by the Commission, the Executive Director of the Commission shall direct the Commission staff to consult with the affected local government with respect to the impact of the proposed plan amendment on the coastal zone and on the certified local coastal program; the results of such consultation shall be reported to the Commission at the first public hearing on the proposed amendment. (2) At least five (5) working days prior to transmitting a written recommendation on the proposed plan amendment to the Commission, the Executive Director shall request that the affected local government(s) transmit to the Commission its determination as to whether the proposed plan amendment is in conformity with the certified local coastal program(s) in the jurisdiction(s) affected by the proposed plan amendment. (3) The affected local government may, within its discretion, transmit its determination as to the conformity of the proposed plan amendment with the local coastal program, in writing to the Commission prior to the Commission's vote on the proposed plan amendment, and may include any recommended modifications of the proposed plan amendment that would conform it to the local coastal program; a local government may also indicate any proposed amendments to its local coastal program that would be necessary to accommodate the proposed public works plan amendment. (4) Approval of a public works plan amendment by the Commission shall be accompanied by specific factual findings supporting the conclusion that the public works plan amendment, as approved, is in conformity with the certified local coastal program in jurisdictions affected by the proposed public works plan amendment. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13500. Scope. Pursuant to Public Resources Code Sections 30550, 30605 and 30606, this subchapter shall govern the submission, review, certification and amendment of local coastal programs (LCPs) and state university or college long range land use development plans (LRDPs) and the procedures for review of developments in accordance with such plans and programs. Note: Authority cited: Sections 30333, 30501 and 30605, Public Resources Code. Reference: Sections 30605 and 30606, Public Resources Code. s 13502. Definitions. (a) "Governing Authority" means the Board of Regents of the University of California or the Board of Trustees of the California State University and Colleges or their designated representatives. (b) "Long Range Development Plan" hereinafter referred to as "LRDP" means the relevant portions of the land use plans and policies for the physical development of campuses and educational facilities of the University of California or the California State University and Colleges, which are sufficiently detailed to indicate the kinds, location and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of other implementing actions. (c) "Educational Facility" means any real property owned or controlled by the University of California or the California State University and Colleges, and used or contemplated for use for educational, residential, recreational or research purposes related to the purposes of the University of California or the California State University and Colleges. This shall not include properties owned by the state university or college systems held for investment purposes only. (d) "Local Coastal Program" hereinafter referred to as "LCP" means a local government's program as defined in Public Resources Code Section 30108.6. Note: Authority cited: Sections 30333, 30501 and 30605, Public Resources Code. Reference: Sections 30500 and 30605, Public Resources Code. s 13503. Methodology for Identifying Issues. Pursuant to Public Resources Code Sections 30500(c) and 30501(a), an identification of coastal conservation and development issues shall be made as the first step in the preparation of an LCP or LRDP. For LCPs and LRDPs, the purpose of the "issue identification" is to: (1) determine the policies of the Coastal Act that apply in each jurisdiction; (2) determine the extent to which existing local plans are adequate to meet Coastal Act requirements; and (3) delineate any potential conflicts between existing plans and development proposals and the policies of the Coastal Act. (a) Local government or the governing authority, in consultation with the Commission and with opportunity for full public participation, shall review the policies of Chapter 3 of the Coastal Act to determine which are applicable to the particular portion of the coastal zone under consideration. A review shall be made to determine the extent of analysis needed to address the applicable policies in the preparation of the LCP or LRDP. In addition, pursuant to Section 13513, identification shall be made with respect to uses, existing or anticipated, of more than local significance which must be addressed in the LRDP or LCP. Existing or potential conflicts shall be identified between the policies of Chapter 3 of the Coastal Act and (1) existing conditions in the coastal zone, (2) the kinds, location and intensity of development proposed by existing policies or development plans, and (3) major developments proposed by any port or harbor district, special district, state or federal agency or public utility that are made known to the local government. Where the local government or the governing authority proposes to revise substantially its current plans or regulations, this identification of conflicts should be based on a general assessment of areas needing revision rather than a detailed analysis of the current plans. Substantial existing or potential conflicts shall be set forth as coastal planning issues for specific geographic areas that are to be addressed in the LCP or LRDP. (b) The local government or governing authority may use an alternative methodology for issue identification if the Commission reviews the alternative methodology and, after a public hearing, finds that it is adequate to address the policies of Chapter 3 of the Coastal Act of 1976, will insure the maximum degree of public participation and will insure consultation and coordination with the local coastal programs of contiguous local governments. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30605, Public Resources Code. s 13504. Commission Review of Issue Identification. (a) Except as may be modified by an alternative methodology approved pursuant to Section 13503(b), each local government or governing authority shall submit an issue identification to the Commission for review before formal submittal of the LCP or LRDP for review and certification. (b) Any local government requesting funding assistance shall submit its issue identification as part of its work program proposal, and the Commission shall review it, together with the work program, as provided in Section 13505. (c) The governing authority (and any local government that does not request funding assistance) shall transmit copies of its issue identification, including a statement regarding the manner in which the local government or governing authority intends to address coastal planning issues organized into an outline of major tasks to be performed, to interested persons and agencies and the Commission before beginning any substantial work on its LCP or LRDP but in no event less than seventy-five (75) days prior to the submission of its LCP or LRDP to the city council, board of supervisors, or Board of Regents or the Board of Trustees for preparation of the resolution for submittal pursuant to Public Resources Code Section 30510(a). The Commission shall hold at least one public hearing on the issue identification. The Commission public hearing shall take place within sixty(60) days of the receipt of the issue identification. The Commission, after public hearing, shall transmit its Commission comments to the local government or governing authority, interested persons and public agencies. (d) A local government or governing authority that intends to submit existing plans as all or a portion of the LCP or LRDP shall submit the issue identification together with such existing plans and a discussion of the manner in which such plans meet the requirements of the Coastal Act of 1976; this may be combined with a submittal for preliminary review pursuant to Section 13517. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30605, Public Resources Code. s 13505. LCP Work Programs for State or Federal Funding. In addition to any requirements of the appropriate state and federal agencies, any grant of state or federal funding available to the Commission for disbursement to local governments for the preparation of local coastal programs shall be based on either an initial application or a work program approved by the Commission. (a) An initial application may be made for purposes of obtaining funding for the preparation of a work program. The initial application shall describe the tasks and costs to be incurred by the local government for the development of the total work program for the preparation of the local coastal program. Such an initial application may be approved by the Commission, after public hearing, authorizing a grant to cover the minimum costs of developing the total work program. (b) A total work program must be submitted by any local government seeking state or federal funding from the Commission for the preparation of the local coastal program. The total work program shall include: (1) an identification of coastal planning issues, pursuant to Section 13503; (2) an outline of the methodology proposed to address the planning issues, pursuant to Section 13511; (3) a description of the major tasks required to bring local plans, zoning, and, if required, other implementing actions into conformity with the Coastal Act policies and to assemble sufficient information for a thorough and complete review of such plans; (4) the methods proposed for involving the public and affected agencies and districts in the LCP preparation; (5) a time line indicating approximate dates of completion for major work items, and the schedule proposed for submitting local coastal program documents to the Commission; and (6) an estimated budget for the local coastal program work items. If the total work program is phased over several years, the Commission may approve it in phases. The total work program may propose completion of the land use plan stage only, with a subsequent work program for zoning tasks. (c) A proposed total work program and any annual increment thereof shall be submitted by the local government to the Commission . The Commission shall hold a public hearing, combined with any such hearing on the issue identification pursuant to Section 13504, and shall transmit any recommendation to the local government. Unless there are unusual circumstances, the Commission hearing and action on the work program shall take place within 75 days of the work program submittal by the local government. The Commission may, prior to Commission hearings and action on the total work program, authorize a portion of the work program on an emergency basis if it finds that: (1) such interim authorization is necessary to maintain on-going LCP staff or to expedite work on the LCP; (2) the tasks identified are essential, non-controversial aspects of the total work program; and (3) the amount of money authorized is the minimum needed during the interim period (not to exceed three (3) months) and is commensurate with the relative importance and complexity of the issues being addressed. (d) The Commission shall approve the work program and authorize the grant for disbursement of state or federal funds to the local government where it finds, after public hearing, that: (1) the scope of tasks outlined appears to address adequately the policies of Chapter 3 of the Coastal Act, including uses of more than local importance and potential cumulative impacts or conflicts with other jurisdictions; (2) the costs of undertaking such tasks are reasonably related to the amount of work needed to resolve coastal planning issues; (3) tasks to be contracted for under such grants are not already required under other statutes or more appropriately undertaken by other agencies; and (4) the work program includes measures for involving the public and other agencies adequate to comply with the Coastal Act and with the requirements of the funding authority. If any issues not included in the work program are later determined to require further analysis as part of the local coastal program preparation, the work program shall be renegotiated to include the additional items and any additional funding assistance that may be required. (e) Where a local government has requested the Commission to prepare a local coastal program pursuant to Public Resources Code Section 30500(a), the Commission staff, after consultation with the local government, shall prepare a work program and submit it for review and approval in accordance with the provisions of this Article. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30340, 30340.5 and 30340.6, Public Resources Code. s 13506. Preparation of Local Coastal Program for Separate Geographic Units. Pursuant to the requirements of Public Resources Code Section 30511(c), a local government wishing to submit its local coastal program in separate geographic units consisting of less than the local government's jurisdiction lying within the coastal zone shall first file a request with the Commission that it be permitted to do so. Such a request may be made concurrent with the issue identification pursuant to Section 13504(c), the work program pursuant to Section 13505, or the preliminary review pursuant to Section 13517. The request shall contain information of sufficient detail to enable the executive director to adequately analyze the request and make a recommendation. As soon as practicable after such a request, the executive director shall recommend in writing whether the request is consistent with the findings required by Public Resources Code Section 30511(c). If the Commission determines by a majority vote of members present, with a quorum being present, that the request is consistent with Public Resources Code Section 30511(c), the executive director shall notify the local government and shall make any necessary change in the overall local coastal program review schedule. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30511, Public Resources Code. s 13507. Commission Preparation of a Local Coastal Program. Any local government requesting that the Commission prepare a local coastal program or a portion thereof shall do so by appropriate resolution of the city council or board of supervisors. Upon completion of the proposed local coastal program documents in accordance with the public participation requirements of Section 13515, the executive director shall submit the proposal to the local government for review pursuant to Public Resources Code Sections 30503, 30504, 30510(a), 30512, 30513, and 30519.5(b). Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30500, Public Resources Code. s 13510. Separate or Combined Long Range Development Plan. A governing authority may prepare and submit for Commission review a long range development plan for any educational facility within the coastal zone. The governing authority may prepare a separate LRDP for each educational facility. However, if the Commission finds that a combined LRDP for several educational facilities would unduly hinder public participation in the preparation or review of such combined LRDP, it shall direct the governing authority to prepare and submit a separate LRDP for each educational facility. Note: Authority and reference cited: Section 30605, Public Resources Code. s 13511. Common Methodology. Where an LCP or LRDP is to be submitted pursuant to this subchapter, the local government or governing authority shall include the following in the scope of the LCP or LRDP pursuant to Public Resources Code Section 30501(a): (a) The policies of Chapter 3 of the California Coastal Act of 1976 concerning specific coastal resources, hazard areas, coastal access concerns, and use priorities, including consideration of public access and recommended uses of more than local importance and relating to the area governed by the LCP or LRDP, shall be applied to determine the kind, location and intensity of land and water uses that would be in conformity with the policies of the Act. This determination shall include an analysis of the potential significant adverse cumulative impacts on coastal resources and access of existing and potentially allowable development proposed in the LCP or LRDP. (b) With regard to LRDPs, the level and pattern of development selected by the governing authority shall be reflected in a long range land use development plan. The LRDP shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976. Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine conformity with the policies of Chapter 3 of the Coastal Act. Such information shall include, but is not limited to the following: (1) the specific type of development activity or activities proposed to be undertaken; (2) the maximum and minimum intensity of such activity or activities (e.g., number of residents, capacity and service area of public works facility, etc.); (3) the proposed and alternative locations considered by any development activities to be undertaken pursuant to the LRDP; (4) a capital improvement program or other scheduling or implementing devices that govern the implementation of the LRDP; and (5) other information deemed necessary by the executive director of the Commission. (c) With regard to LCPs, the level and pattern of development selected by the local government shall be reflected in a land use plan, zoning ordinances and zoning district maps. The local coastal program shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976; such measures shall be based on the authority inherent in the reasonable exercise of police power, and specifically to the authority provided in the California Coastal Act of 1976 to control or prevent uses harmful to the coastal resources of the state. (1) The land use plan component of a local coastal program shall incorporate a statement of applicable development and resource protection policies in the substantive text or geographic provisions of the general plan, including as may be appropriate in each jurisdiction the mandatory or optional elements of a general plan as provided in Government Code Sections 65301-65303 and 65560-65567, that are capable of carrying out the policies of Chapter 3 of the California Coastal Act of 1976. (2) The zoning ordinances and zoning district map shall conform with and be adequate to carry out the policies, objectives, principles, standards and plan proposals set forth in the land use plan. The scope of measures contained in the zoning ordinance and/or district maps shall extend to the authority granted by the planning laws of California, including Government Code Sections 65850-65862 and 65910-65912. Where applicable and necessary to carry out the policies and provisions of an approved land use plan, these measures may include: exclusive use zones, overlay zones, conditionally permitted uses based on certain findings, sign and/or design controls, landscaping and grading regulations, hazard or geologic review requirements, open space and lot coverage standards, minimum lot sizes (including minimum acreages for agricultural and timberland conversion), density and timing of development standards based on public service capacities and recreational use needs, and any other similar ordinances within the scope of zoning measures. (d) Where the application of the policies of Chapter 3 of the Coastal Act of 1976 requires limits or conditions as to the amount, timing, or location of public works facilities which are owned or operated by the local government or governing authority, an analysis shall be made to determine: (1) existing and proposed capacities of such relevant public works systems; (2) key decision points for stages of facility expansion; and (3) what portion of public works facilities capacity is allocated to new development within the area and what portion is reserved for the priority uses as required by Public Resources Code Section 30254. A similar analysis and allocation shall be made of public recreational facilities to comply with Public Resources Code Section 30252(6). (e) If the level and pattern of development recommended for the LCP or LRDP require the phasing of public service or recreational facilities which are owned or operated by the local government or governing authority in order to be consistent with the requirements of the California Coastal Act of 1976, the proposed measures for implementing public service and recreational facilities shall be specifically identified. (f) A procedure shall be developed to insure adequate notice to interested persons and agencies of impending developments proposed after certification of the LCP or LRDP. For LRDPs, the procedures shall at a minimum conform to Section 13549. (g) With regard to LRDPs, the governing authority may propose in the LRDP those categories of development for which no coastal development permit is required pursuant to Public Resources Code Section 30610, and those categories of development within specifically defined geographic areas for which there is no potential for adverse effects, either individually or cumulatively, on coastal resources or on public access to or along the coast. After certification of the LRDP, categories of development defined pursuant to this subsection will not be subject to the procedures specified in Sections 13549 and 13550 requiring notice of the impending development and allowing Commission review of such proposed development projects. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30501, Public Resources Code; and Section 65944, Government Code. s 13512. Public Access Component. The public access component of the LCP or LRDP may be set forth in a separate plan element or it may be comprised of various plan components that are joined together in a text accompanying the submission of the LCP or LRDP. The public access component shall set forth in detail the kinds and intensity of uses, the reservation of public service capacities for recreation purposes where required pursuant to Public Resources Code Section 30254, and, if applicable, specific geographic areas proposed for direct physical access to coastal water areas as required by Public Resources Code Sections 30210-30224 and 30604(c). The public access component shall include an implementation schedule. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30500, Public Resources Code. s 13513. Uses of More Than Local Importance. (a) General categories of uses of more than local importance that shall be considered in the preparation of LCPs and LRDPs include but are not limited to: (1) state and federal parks and recreation areas and other recreational facilities of regional or statewide significance; (2) military and national defense installations; (3) major energy facilities; (4) state and federal highways and other transportation facilities (e.g., railroads and airports) or public works facilities (e.g., water supply or sewer systems) serving larger-than-local needs; (5) general cargo ports and commercial fishing facilities; and (6) uses of larger-than-local importance, such as coastal agriculture, fisheries, wildlife habitats, or uses that maximize public access to the coast, such as accessways, visitor-serving developments, as generally referenced in the findings, declarations, and policies of the California Coastal Act of 1976. (b) To the extent possible the Commission shall make recommendations as to specific uses of more than local importance as part of its review of the issue identification. Provisions for local government consideration of such uses shall be included in LCP work programs, pursuant to Section 13505. From time to time the Commission, or the executive director of the Commission pursuant to Commission authorization, may make additional recommendations for specific uses to be considered for particular geographic segments or educational facilities that were not anticipated earlier. Where necessary, LCP work programs shall be re-negotiated to include the additional items and any additional funding assistance that may be required. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30501 and 30350, Public Resources Code. s 13514. Alternative Methodology. Any local government or governing authority proposing to use an alternative methodology shall submit its proposal to the Commission along with a statement explaining how and why the alternative differs from the above methodology. The alternative methodology shall be submitted to the Commission for review not later than the time of the issue identification review pursuant to Section 13504. Within a reasonable period of closing the public hearing on the alternative methodology, the Commission shall determine whether the alternative methodology addresses the policy requirements of Chapter 3 of the California Coastal Act of 1976 and should therefore be approved for use pursuant to Public Resources Code Section 30501(a). Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30501, Public Resources Code. s 13515. Public Participation and Agency Coordination Procedures. Each local government and governing authority shall meet the requirements of Public Resources Code, Sections 30503 and 30504 by establishing procedures providing maximum opportunities for the participation of the public and all affected governmental agencies in the preparation of the LCP or LRDP. (a) At a minimum, all notices for public review sessions, availability of review drafts, studies, or other relevant documents or actions pertaining to the preparation of the LCP or LRDP shall be mailed to: (1) any member of the public who has so requested; (2) each local government contiguous with the area that is the subject of the LCP or LRDP; (3) local governments, special districts, or port or harbor districts that could be directly affected by or whose development plans should be considered in the LRDP; (4) all of the state and federal agencies listed in Appendix A of the Local Coastal Program Manual; (5) local libraries and media; and (6) other regional or federal agencies that may have an interest in or be affected by the LCP. Any reference in this subchapter to "interested parties" or "public agency" shall include the aforementioned persons or groups . (b) Proposed LCP and LRDP documents including review drafts shall be made available at no cost to relevant state agencies and to other interested persons and agencies upon request; For LCPs, the cost of duplicating and transmitting such materials shall be reimbursed under the public participation provisions of the work program. To the extent that request for materials exceed funding, materials shall be made available at cost. (c) Notice of the availability of review drafts of LCP or LRDP materials and transmittal of said documents pursuant to paragraphs (a) and (b) shall be made as soon as such drafts are available, but at a minimum at least six (6) weeks prior to any final action on the documents by the local government or governing authority. Review drafts shall also be made readily available for public perusal in local libraries, in the administrative offices of the local government or educational facility and at the Commission offices. (d) Notice of the local government's or governing authority's hearings on LCP or LRDP documents shall be given general publication and shall be transmitted to all interested persons and public agencies not less than ten (10) working days before the hearing. The hearing required by Public Resources Code Section 30510(a) should be set for a time certain. Where the local government or governing authority determines that it is legal, practical, and would increase public participation, the hearing should be held in the coastal zone or in a place easily accessible to residents of the coastal zone. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30503, Public Resources Code. s 13516. Staff Review During Preparation. During the preparation of the LCP or LRDP, the local government or governing authority shall to the extent possible coordinate with and be assisted by Commission staff in resolving issues as to conformity and sufficiency in meeting the requirements of the California Coastal Act of 1976. The executive director of the Commission may from time to time give non-binding informational opinions on such issues, based on staff interpretations of the Coastal Act and decisions of the Commission pursuant to Public Resources Code Section 30625(c). Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30001.5 and 36500, Public Resources Code. s 13517. Preliminary Review by the Commission. (a) In addition to any Commission review of the issue identification, the governing authority preparing the LCP or LRDP shall be entitled to at least one preliminary review by the Commission prior to formal submittal. Where a local government has been authorized to prepare an LCP in separate geographic units, pursuant to Section 13507, each geographic portion is entitled to at least one such preliminary review. Additional review may be granted if the Commission determines that the review is required to clarify a major issue preventing progress on the LCP or LRDP for which prior decisions or interpretations of Coastal Act policies do not offer sufficient guidance and that the review will not interfere with the processing of other LCPs or LRDPs. (b) If a local government or governing authority intends to submit existing plans or regulations as all or a portion of the LCP or LRDP, it may submit such existing plans for this preliminary review together with a discussion of the manner in which existing plans or regulations meet the requirements of Sections 13510-13514 and of Chapter 3 of the California Coastal Act of 1976. This review may be combined with the issue identification review, as set forth in Section 13504(c). (c) Any preliminary review of a proposed LCP or LRDP by the Commission shall be scheduled at the convenience of the Commission, at times that will not interfere with the processing of other matters but shall, where practicable, be held within a reasonable distance of the affected area. The review shall be subject to public hearing, noticed to interested persons and agencies at least ten (10) days prior to the hearing and conducted in the same manner as for the land use plan, pursuant to Section 13526. Individual members of the Commission may ask questions and make statements but no vote shall be taken. However, in order to provide general direction on coastal issues raised in the preliminary review, the chairperson may, after consulting members of the Commission, summarize the views of the Commission. (d) Any such Commission advisory review is intended to assist the local government or governing authority in preparing the LCP or LRDP but shall be advisory only and shall not constitute a final decision by the Commission as to the conformity of the LCP or LRDP with Coastal Act policies. (e) Where the Commission is to prepare a local coastal program pursuant to Public Resources Code Section 30500(a) or Section 30517.5(b)(2), the Commission staff, after consultation with the local government, may submit the proposed local coastal program for preliminary review prior to formal submittal. The preliminary review shall be in accordance with Section 13517. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30501, Public Resources Code. s 13518. Resolution for Submittal. (a) The LCP or LRDP shall be accepted for filing by the Commission only if it is submitted pursuant to a resolution adopted by the local government or Board of Regents or the Board of Trustees in accordance with the provisions of Public Resources Code Section 30510(a). If an LCP is submitted in two phases or for separate geographic units, a resolution shall be required for each phase or separate geographic unit. (b) A local government or governing authority may submit its proposed LCP or LRDP either: (1) as a program that will take effect automatically upon coastal Commission approval pursuant to Public Resources Code Sections 30512, 30513, and 30519 for LCPs, or Public Resources Code Section 30605 for LRDPs or (2) as a program that will require formal local government or governing authority adoption after commission approval. Under either of the alternative procedures, the requirements of Section 13544 must be fulfilled following Commission approval of the LCP or LRDP. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Section 30510, Public Resources Code. s 13519. Contents of Submittal. Pursuant to Public Resources Code 30510(b), the LCP or LRDP submittal shall include: (a) A summary of the measures taken to consult and coordinate with contiguous local governments and to provide other affected agencies and districts and the public maximum opportunity to participate in the LCP or LCP process, pursuant to Public Resources Code Section 30503; a listing of members of the public, organizations, and agencies appearing at any hearings or contacted for comment on the LCP or LRDP; and copies or summaries of significant comments received and of the local government's or governing authority's response to the comments. For LRDPs, these materials may be set forth in a final EIR as provided in Section 13559. (b) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data in accordance with guidelines established by the Commission, that are in sufficient detail to allow review for conformity with the requirements of the California Coastal Act of 1976. Written documents should be readily reproducible. The land use plan or LRDP shall include a readily identifiable public access component as set forth in Section 13512. Land use maps shall be at a scale sufficiently detailed to show clearly the land use designations applicable to specific areas of the coastal zone and shall to the extent possible be correlated with and at a comparable scale to resource information and other mapped data. (c) A methodology that meets the requirements of Section 13511 or an alternative methodology approved by the Commission pursuant to Section 13514, and (for LCPs) that demonstrates conformity with the requirements of Chapter 6 of the California Coastal Act of 1976. (d) Any environmental review documents prepared for all or any portion of the LCP or LRDP pursuant to CEQA. As provided in Section 13559, environmental review documents may be integrated into the LRDP materials. (e) For LCPs, a general indication of the zoning measures that will be used to carry out the land use plan (unless submitted at the same time as the land use plan). Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30503 and 30510, Public Resources Code. s 13520. Review of Filing. The LCP or LRDP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the executive director of the Commission to be in proper order and legally adequate to comply with the requirements of Public Resources Code Section 30510(b). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten (10) working days after the date it is received in the Commission office during normal working hours. The executive director shall cause a date of receipt stamp to be affixed to all LCP or LRDP submissions on the day they are so received and assign a date of submittal on the day they are found to be properly submitted. If the executive director determines that the materials received are not sufficient to satisfy the requirements of Public Resources Code Section 30510(b), the executive director shall transmit to the governing authority specific written comments regarding the inadequacy of the submission within the aforementioned 10 working days. Any disagreement between the executive director and the local government or governing authority as to information requirements may be resolved by the Commission. If the LCP or LRDP is found to be properly submitted, the executive director shall immediately notify the local government or governing authority and all persons known or thought to be interested in it. Notice to interested persons may be part of regular meeting notices. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30510, Public Resources Code. s 13522. Hearing Schedule. A public hearing on the LCP or LRDP shall be held by the Commission not later than sixty (60) days following the day on which the LCP or LRDP was properly submitted. All dates for public hearing shall be set with a view toward allowing thorough public dissemination of the information contained in the LCP or LRDP prior to the time of the hearing, and toward allowing full public participation and attendance at the meeting. If a land use plan and implementing actions are combined in a total LCP, then the deadline for commission action on the land use plan phase shall apply to commission review of the total LCP. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30500 and 30511, Public Resources Code. s 13523. Summary of the LCP or LRDP. (a) The executive director shall prepare a summary of the LCP or LRDP including any relevant attachments and exhibits. The summary shall be brief and shall fairly present the essential features of the plan with a reasonable degree of specificity. The summary shall be adequately illustrated with maps or drawings. The summary shall also be accompanied by an analysis of: (1) questions of fact; (2) the applicable policies of the California Coastal Act of 1976 as they apply to the geographic area of the coastal zone included within or affected by the LCP or LRDP; (3) prior decisions by the Commission related to permit or planning questions; (4) important policy issues raised by the LCP or LRDP; (5) public comments received on the LCP or LRDP; (6) comments received from governmental agencies, including comments submitted by the State Lands Commission pursuant to Public Resources Code Section 30416(a); (7) significant environmental points raised during LCP or LRDP preparation; and (8) other relevant matters. The staff comments shall be clearly labeled to distinguish them from the description of the proposed LCP or LRDP itself. The executive director shall also include in the summary any description or analysis of the LCP or LRDP that the submitting local government or governing authority requests be included in the summary, provided, however, that such description or analysis shall be readily reproducible at a reasonable cost. (b) Copies of LCP or LRDP related documents, not including reports on the LCP or LRDP prepared by staff, shall be available to any interested party at the cost of 1 cent per page and at no cost to local governments and state agencies. There shall be no charge to any interested party, local governments or state agencies for staff reports. Note: Authority cited: Sections 30501 and 30605, Public Resources Code; and Section 11125.1, Government Code. Reference: Sections 30512 and 30513, Public Resources Code. s 13524. Written Notice. The executive director shall, prior to the public hearing, provide written notice of the public hearing which shall consist of the following: (a) a brief description of the proposed LCP or LRDP; (b) the date, time and place at which the LCP or LRDP will be heard by the Commission; (c) the general procedure of the Commission concerning hearings and actions on the LCP or LRDP; and (d) staff summary prepared in accordance with Section 13523. In order to assure adequate notification, the notice shall be distributed by mail to all members of the Commission, to the local government or governing authority, to all affected cities and counties, and to all other agencies, individuals and organizations who have so requested or who are known by the executive director to have a particular interest in the LCP or LRDP, within a reasonable time but in no event less than 10 calendar days prior to the scheduled public hearing. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30513, Public Resources Code; and Section 11125, Government Code. s 13525. Distribution of Public Comments. The executive director shall reproduce and distribute to all members of the Commission and to the affected local government or governing authority the text or summary of all relevant communications concerning the LCP or LRDP that are received in the Commission office prior to the Commission's public hearing and thereafter at any time prior to the vote. When a sizable number of similar communications is received, the texts need not be reproduced but the Commission shall be informed of the substance of the communications; such communications shall be made available at the appropriate Commission office for inspection by any persons during normal working hours. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 13526. Conduct of Initial Hearing. At the time of the initial hearing on the LCP or LRDP, the executive director of the Commission shall make a brief oral presentation to the Commission. Immediately following the presentation of the executive director, a representative or representatives of the local government or governing authority may make a presentation of the major features of the LCP or LRDP to the Commission. Upon the conclusion of the local government's or governing authority's presentation, interested members of the public and agencies may comment on the proposed LCP or LRDP. The chairperson of the Commission may establish predetermined time limits for all presentations and shall notify all interested parties of such time limits in advance of the hearing, provided that the local government or governing authority shall be allotted at least the same amount of time as the staff presentation. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30513, Public Resources Code. s 13528. Staff Recommendation on Substantial Issue. The LCP summary required pursuant to Section 13523 may be accompanied by the executive director's recommendation as to whether or not specific provisions of the land use plan (or a portion thereof applicable to identifiable geographic areas) raise a substantial issue as to conformity with the policies of Chapter 3 of the California Coastal Act of 1976, pursuant to Public Resources Code, Section 30512(a)(1). The recommendation shall include specific written findings including a statement of fact and legal conclusions and responses to significant environmental points raised. A recommendation on substantial issue may be accompanied by recommended action for certification pursuant to Sections 13530 through 13540. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 21080.5 and 30512, Public Resources Code. s 13529. Determination of Substantial Issues. (a) Not more than 60 days after the land use plan was properly submitted to the Commission, following the close of a public hearing conducted pursuant to the requirements of Section 13526, the Commission shall make a determination on substantial issue as provided in Public Resources Code Section 30512(a)(1). (b) A majority of Commission members present shall be required to find no substantial issue is raised by a Land Use Plan that has been submitted for Commission review pursuant to Public Resources Code Sec tion 30512(a). The motion shall be on the question of whether the Land Use Plan (or portions thereof) raises no substantial issue. (c) If the Commission determines that the land use plan raises no substantial issue, it shall adopt findings for land use plan certification pursuant to Section 13540(a). A majority of the members prevailing on the motion shall be required to adopt the findings. The executive director shall transmit the findings to the local government within ten (10) days of adoption. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code. s 13530. Additional Hearing on Land Use Plans. Unless the Commission finds no substantial issue is raised by the land use plan, it shall conduct a public hearing on he specific provisions of the land use plan that it has determined raise a substantial issue as to conformity with the policies of Chapter 3 of the California Coastal Act of 1976. The hearing may be conducted at the same meeting at which substantial issue is determined or at a later meeting. Notice and hearing procedures shall be the same as those set forth in Article 9. Final action shall be within ninety (90) days after submittal of land use plan, pursuant to Public Resources Code Section 30512. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code. s 13531. Staff Analysis. (a) If the vote on the land use plan or LRDP is scheduled for a later meeting than the hearing at which oral testimony is received, the executive director shall promptly perform whatever inquiries, investigations, research conferences, and discussions are required to resolve issues presented by the land use plan or LRDP and to enable preparation of a staff recommendation for the vote. If further information is taken or received by the executive director, it shall be made available in the administrative record of the submittal at the Commission's office and all affected parties shallbe given a reasonable opportunity to respond prior to the deadline for the preparation and mailing of the staff recommendation. (b) The executive director may request of the local government or governing authority any additional information necessary o perform the tasks set forth in subsection (a), and may report to the Commission any failure to comply with such request, including the relationship of the requested information to the findings required by the California Coastal Act of 1976. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30512, Public Resources Code; and Section 65944, Government Code. s 13532. Staff Recommendation. The executive director shall prepare a staff recommendation which shall set forth specific findings, including a statement of facts and legal conclusions as to whether or not the proposed land use plan or LRDP conforms to the requirements of the California Coastal Act of 1976 and of these regulations. The proposed findings shall include any suggested modifications necessary to bring the land use plan or LRDP into compliance with the California Coastal Act of 1976, unless the local government has requested that such modifications not be part of the Commission's action. The proposed findings shall also include any additional documentation, governmental actions or other activity necessary to carry out the requirements of the Coastal Act. In order to assure adequate notification the final staff recommendation shall be distributed to all commissioners, to the governing authority, to all affected cities and counties, and to all other agencies, individuals and organizations who have so requested or who are known by the executive director to have a particular interest in the LCP or LRDP, within a reasonable time but in no event less than 7 calendar days prior to the scheduled public hearing. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30605, Public Resources Code. s 13533. Comments on Staff Recommendation. (a) Immediately following the executive director's presentation of the staff recommendation, a representative or representatives of the local government or the governing authority and members of the public and agencies shall have an opportunity to state their views on the recommendation. The chairperson of the Commission may establish predetermined time limits for such presentations. The representative of the local government or governing authority may have a period to respond to questions raised by the Commission. (b) The staff shall respond to significant environmental pointsraised during evaluation of the LCP or LRDP. The response may be included within the staff report and shall be distributed to the Commission and the person making the comment. The response shall be available at the hearing on the LCP or LRDP for all persons in attendance. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 21080.5, 30503, and 30512, Public Resources Code. s 13535. Withdrawal or Postponement of Action. (a) The local government or governing authority may withdraw its submission of the land use plan or LRDP at any time up to the commencement of the calling of the roll for a vote on any portion of the land use plan or LRDP. Upon such a request, the submission shall be considered withdrawn and removed from Commission consideration. The local government or governing authority may resubmit the land use plan or LRDP. The Commission shall reschedule the resubmittal at a time when it can be reviewed without adversely affecting previously scheduled LCPs or LRDPs. (b) The Commission may postpone action on the land use plan or LRDP at any time prior to commencement of the calling of the roll for a vote on any portion of the land use plan or LRDP if it finds that such postponement will not unduly hinder the participation of the public in the deliberations of the Commission and would not result in the action of the Commission taking place after the 90- day time limit specified in Public Resources Code Section 30512 unless the local government or governing authority waives in writing its right to action within that 90-day limit. (c) The Commission may for good cause extend any time limits within this subchapter for a period not to exceed one year after consultation with the affected local government by a majority vote of the commissioners present. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512, 30605, and 30517, Public Resources Code. s 13536. Amendment Prior to Commission Action. If the local government or governing authority amends its land use plan or LRDP after submission and prior to the commencement of the calling of the roll for a vote on the land use plan or LRDP as submitted, the Commission shall determine whether or not such amendment is material and includes changes that have not been the subject of public review and comment before the Commission. If the Commission finds that such amendments are minor or that they are material but have been the subject of adequate public comment at the public hearing before the Commission, the Commission shall consider such amendment and take action on the LCP or LRDP as amended rather than the land use plan or LRDP as initially submitted. If the Commission finds that the amendment is material and that the subject matter of the proposed amendment was not reviewed adequately at a prior public hearing, the vote on the land use plan or LRDP shall be continued until after a public hearing on the amended land use plan or LRDP; such hearing shall be scheduled no later than sixty (60) days from the submittal of the amendment. If the next public hearing would occur after the expiration of the ninety (90) day review period set forth in Public Resources Code Section 30512, and the local government or governing authority does not agree in writing to extend the review period, the Commission shall proceed to vote on the land use plan or LRDP as originally submitted. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30503 and 30512, Public Resources Code. s 13537. Commission Action on Land Use Plan or LRDP. (a) The Commission shall take final action upon the land use plan or LRDP within ninety (90) days after submittal unless the local government or governing authority waives in writing the ninety (90) day time limit. No vote shall be taken unless a staff recommendation is prepared and distributed pursuant to Section 13532. (b) Except as provided in Public Resources Code Section 30512(a)(3), a decision to certify a land use plan or LRDP shall require a majority vote of the appointed membership of the Commission. Where no modifications are proposed, the final motion is on the affirmative question of whether the land use plan or LRDP as submitted should be certified. Where modifications are proposed, the final motions shall be on (1) the affirmative question of whether the land use plan or LRDP, as submitted, should be certified and (2) the affirmative question of whether the land use plan or LRDP, as modified, should be certified. Modifications to the land use plan or LRDP shall be proposed in the staff recommendation. Any vote on the addition or deletion of modifications, including the specific terms or wording of a modification, may be carried by a majority of the commissioners present. Any suggested modifications adopted by the Commission shall be specific and susceptible to objective review and verification by the executive director of the Commission, by the local government or governing authority and by any interested person or public agency. The Commission's certification with suggested modifications shall expire on January 1, 1983 or six months from the date of Commission action, whichever is longer. If the local government, pursuant to Public Resources Code Section 30512, requests the Commission not recommend modifications, the Commission may discuss alternatives in the findings for denial of the land use plan or LRDP as submitted. (c) If consistent with the staff recommendation and not otherwise specified at the time of the vote, the action taken shall be deemed to have been taken on the basis of the reasons set forth in the staff recommendation and shall thus be deemed to adopt the findings, conclusions, and modifications, if any, recommended by the staff. (d) Any action of the Commission to certify or to refuse certification of a land use plan or LRDP as submitted by local government or a governing authority shall be final on the day of the Commission vote, notwithstanding a subsequent action of the Commission to adopt findings in support of its decision. An action of the Commission to certify a land use plan or LRDP subject to suggested modifications shall be final on the day the Commission concurs with the executive director's report of the acceptance of the suggested modifications pursuant to Section 13547(c) or the executive director reports the acceptance of the suggested modifications to the Commission pursuant to Section 13544.5(c). Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30512 and 30600.5, Public Resources Code. s 13538. Voting Procedure. (a) Members may vote "yes" or "no" or may abstain from voting. (b) Any member may change his or her vote prior to the tally having been announced by the chairperson, but not thereafter. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13539. Voting by Members Absent from Hearing. A member who was absent from any portion of the public hearing may vote on the land use plan or LRDP provided he or she has reviewed the substance of the testimony presented at the prior hearing where the land use plan or LRDP was considered and pertinent materials relating to the land use plan or LRDP submitted to the Commission and has so declared prior to the vote. In the absence of a challenge raised by an interested party, inadvertent failure to make such a declaration prior to the vote shall not invalidate the vote of a member. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30315, Public Resources Code. s 13540. Findings for Certification. Certification of the land use plan or LRDP by the Commission shall be based on specific written findings adopted by majority vote of members prevailing on the motion that the proposed land use plan or LRDP is in conformity with the provisions of the California Coastal Act of 1976, including specific factual findings supporting the following legal conclusions: (a) the land use plan or LRDP meets the requirements of, and is in conformity with Chapter 3 of the California Coastal Act of 1976; (b) the land use plan or LRDP contains the specific public access component as required by Public Resources Code Section 30500(a); (c) the land use plan or LRDP is consistent with any applicable decisions of the Commission that shall guide Commission or local government actions pursuant to Public Resources Code Section 30625(c); and (d) for LRDPs, approval of the LRDP is consistent with the Commission's responsibilities under the California Environmental Quality Act and any regulations issued pursuant thereto. (e) the land use plan is in conformance with the policies and requirements of Chapter 3 only to the extent necessary to achieve the basic state goals specified in Public Resources Code Section 30001.5; and (f) for land use plans, the land use plan meets the requirements of Section 21080.5(d)(2)(i) of the Public Resources Code, which requires that an activity will not be approved or adopted as proposed if there are feasible alternative or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Any final action taken by the Commission either certifying or denying certification to a land use plan or LRDP must include written responses to significant environmental points raised during the evaluation of the land use plan. Within ten (10) working days after Commission action on the land use plan or LRDP, the executive director of the Commission shall transmit a copy of the findings to the local government or governing authority. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30200 and 30512.2, Public Resources Code. s 13541. Resubmittal of Land Use Plan If Certification Is Refused . (a) Resubmittal of a land use plan in response to the Commission's denial of certification shall cause the Commission's prior certification with suggested modifications to expire. (b) If a local government elects to respond to the Commission'sdenial of certification by revising its land use plan in a manner other than that suggested by the Commission and resubmitting the revised land use plan to the Commission, preparation, submittal and review of the resubmitted land use plan shall take place in accordance with the provisions of Articles 7-12, except for the provisions related to time periods for hearings and action. Review of the resubmitted land use plan shall take place when the Commission determines that the land use plan can be reviewed without adversely affecting the review of other land use plans previously scheduled. (c) Following a final decision on the land use plan, no local government may resubmit substantially the same land use plan for a period of six months from the date of the prior final decision. Whether or not a land use plan is "substantially the same" as that upon which a final decision has been rendered shall be decided by the executive director within ten (10) working days of receipt of the submittal. Elimination of suggested modifications shall not be considered a substantial change. Until such a determination is made a resubmittal shall not be deemed submitted within the meaning of Public Resources Code Section 30512. The six month waiting period provided in this section may be waived by the Commission for good cause. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30512, 30513 and 30517, Public Resources Code. s 13542. Commission Review and Action. (a) Commission review of LCP implementing actions shall take place in accordance with the provisions of Articles 9-11, except for Sections 13528, 13529, 13530, and 13537. (b) The Commission shall take action by a majority vote of those present within sixty (60) days of submittal of the zoning ordinances, zoning district maps, and other implementing actions as provided in Public Resources Code Section 30513. Where no modifications are proposed, the motion is on the affirmative question of whether the ordinance(s), map(s), or other actions do not conform with or are inadequate to carry out the provisions of the certified land use plan. Where modifications are proposed the final motions shall be on (1) the affirmative question of whether zoning actions, as submitted, should be rejected and (2) the affirmative question of whether the zoning actions with modifications as proposed in the staff recommendation should be certified. Any vote on the addition or deletion of modifications including the specific terms or wording of a modification may be carried by a majority of the commissioners present. Any suggested modifications adopted by the Commission shall be specific and susceptible to objective review and verification by the executive director of the Commission, by the local government and by any interested person or public agency. The Commission's certification with suggested modifications shall expire on January 1, 1983 or sixmonths from the date of the Commission's action, whichever is longer. (c) The standard of review of the implementing actions shall be the land use plan as certified by the Commission. If the land use plan is conditionally certified subject to local government acceptance of the suggested modifications, the standard of review shall be the conditionally certified land use plan. However, if the local government elects to revise and resubmit the land use plan in a manner different from that set forth in the suggested modifications of the conditioned certification, the Commission's approval of the implementing actions shall be void. Absent either a certified or conditionally certified land use plan, the Commission may take no action on the implementing actions. However, the Commission may discuss the implementing actions and upon conclusion of the comments by the Commission return the submittal to the local government. (d) Any final action taken by the Commission either approving or rejecting the LCP implementation actions must include written responses to significant environmental points raised during Commission review. (e) Categorical exclusions (reviewed by the Commission upon or after certification of the LCP) shall be adopted by the Commission for those categories of development which the Commission certifies as being allowed by right in the local jurisdiction, which have specific development standards (as specified in the LCP) which are handled ministerially by the local government and which comply withPublic Resources Code Sections 30610(e) and 30610.5. (f) Any action of the Commission to certify or to refuse certification of any zoning ordinance, zoning district map or other implementing action as submitted by the local government shall be final on the day of the Commission vote, notwithstanding a subsequent action of the Commission to adopt findings in support of its decision. Any action of the Commission to certify any zoning ordinance, zoning district map or other implementing ordinance subject to suggested modifications shall be final on the day of the Commission concurs with the executive director's report of the local government's acceptance of the suggested modifications pursuant to Section 13544. Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30513, 30610 and 21080.5, Public Resources Code. s 13544. Effective Date of Certification of a Local Coastal Program. After the certification or conditional certification of a local coastal program, the executive director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the local government that submitted the local coastal program, and to any interested person(s) or agencies. The certification of a local coastal program resulting in the transfer of coastal development review authority pursuant to Public Resources Code Section 30519 shall not be deemed final and effective until all of the following occur: (a) The local government with jurisdiction over the area governed by the certified local coastal program, by action of its governing body, acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been suggested for final certification; accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications (e.g. implementation of ordinances); and agrees to issue coastal development permits for the total area included in the certified local coastal program; (b) The executive director of the Commission determines in writing that the local government's action and the notification procedures for appealable development required pursuant to Article 17, Section 2 are legally adequate to satisfy any specific requirements set forth in the Commission's certification order; (c) The executive director reports the determination to the Commission at its next regularly scheduled public meeting and the Commission does not object to the executive director's determination. If a majority of the commissioners present object to the executive director's determination and find that the local government action does not conform to the provisions of the Commission's action to certify the LCP, the Commission shall review the local government's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal; and (d) Notice of the certification of a local coastal program shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v). Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30519 and 21080.5, Public Resources Code. s 13544.5. Effective Date of Certification of a Land Use Plan. After the certification or conditional certification of a land use plan, the executive director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the local government that submitted the land use plan, and to any interested persons or agencies. The certification of a land use plan resulting in the transfer of coastal development review authority pursuant to Public Resources Code Section 30600.5 shall not be deemed final and effective until all of the following occur: (a) The local government with jurisdiction over the area governed by the certified land use plan, by action of its governing body, acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been required for final certification; accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications (e.g. adoption of plan changes) and agrees to issue coastal development permits for the total area included in the certified land use plan pursuant to Public Resources Code Section 30600.5. (b) The executive director of the Commission determines in writing that the local government's action is legally adequate to satisfy any specific requirements set forth in the Commission's certification order; (c) The executive director of the Commission reports the determination to the Commission at its next regularly scheduled public meeting. If the executive director finds that the local government action does not conform to the provisions of the Commission's action to certify the land use plan, the Commission shall review the local government's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal; and (d) Notice of the certification of a land use plan shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v). Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30600.5 and 21080.5, Public Resources Code. s 13545. Effect of Final Certification of LCP. Certification of a local coastal program pursuant to Section 13544 results in the delegation to the local government of a coastal development permit authority over those developments specified in Public Resources Code Section 30519 for the area of the coastal zone governed by the certified local coastal program. No development inconsistent with the certification order may take place unless the order is amended. Appealable developments under Public Resources Code Section 30603, proposed for the area governed by the certified local coastal program shall be subject to the requirements of Article 17, of these regulations. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13545.5. Effect of Final Certification of Land Use Plan. Upon compliance by a local government with applicable requirements set forth in Public Resources Code Section 30600.5(e) and (f), certification of a land use plan pursuant to Section 13544.5 results in the delegation to the local government of a coastal development permit authority over those developments specified in Public Resources Code Section 30600.5 for the area of the coastal zone governed by the certified land use plan. No development inconsistent with the certification order may take place unless the order is amended. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30600.5, Public Resources Code. s 13546. Final Certification and Incomplete Permit Review. At the time of delegation of coastal development permit authority there may be permit applications that have received local government approval and have not been voted upon by the Commission. The permit applicant may: (a) return the application to the local government for review under the certified local coastal program pursuant to Article 17, (Section 2), or (b) proceed with Commission review for consistency with the certified local coastal program. The Commission may determine that the application as filed may require additional review by the local government and, after consultation with and notice to the local government, remand the application for action consistent with the certified local coastal program. The permit applicant shall not be subject to additional fees or delays as a result of this section except for those required for compliance with the notice and hearing provisions of Article 17 of these regulations. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30600(a), Public Resources Code. s 13547. Effective Date of Certification. After the certification of the LRDP, the executive director of the Commission shall transmit copies of the resolution of certification and suggested modifications to the governing authority, and to any interested persons or agencies. The certification of the LRDP resulting in the abbreviated review procedure provided in Section 13550 pursuant to Public Resources Code Section 30606, shall not be deemed final and effective until all of the following occur: (a) The governing authority acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been required for final certification; and the Board of Regents or Board of Trustees accepts and agrees to any such terms and modifications and takes whatever formal action is required to satisfy the terms and modifications. (b) The executive director of the Commission determines in writing that the action of the governing authority, or the Board of Regents or Board of Trustees where appropriate, and the notification procedures of the LRDP for development projects required pursuant to Section 13511(e) are legally adequate to satisfy any specific requirements set forth in the Commission's certification order; and (c) The executive director reports the determination to the Commission at its next regularly scheduled public meeting and the Commission does not object to the executive director's determination. If a majority of the commissioners present object to the executive director's determination and finds that the governing authority's action does not conform to the provisions of the Commission's action to certify the LRDP, the Commission shall review the governing authority's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal. Note: Authority cited: Section 30605, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13548. Effect of Final Certification of LRDP. After certification of the LRDP for an educational facility has become final, the governing authority may undertake or authorize any development project for such educational facility within the coastal zone without a coastal development permit obtained pursuant to Sections 13050 to 13173 if: (1) the governing authority provides timely notice of the impending development as provided in Section 13549, and (2) the proposed development is found to be consistent with the certified LRDP pursuant to Section 13550. If the Commission fails to act upon the notice of the impending development within thirty (30) days after the notice is filed in the office of the Commission, the development is deemed consistent with the certified LRDP. Note: Authority cited: Section 30605, Public Resources Code. Reference: Section 30605, Public Resources Code. s 13549. Notice of the Impending Development. (a) At least thirty (30) days prior to beginning construction for any development, the governing authority shall notify in writing the following parties of the nature and location of the impending development: the Commission, contiguous local governments, owners of each parcel of record within 100 feet of the proposed development, persons residing within 100 feet of the proposed development, and all other interested persons and agencies who have requested such notice. The governing authority shall post conspicuous notice of such impending development at the proposed site. Notice to the Commission, and interested persons and agencies who have so requested shall be accompanied by sufficient supporting information to allow determination of whether such development is consistent with the certified LRDP. (b) Within ten (10) days of the receipt of a notice of the impending development, the executive director shall review the notice. If there is insufficient supporting information to determine whether the proposed development is consistent with the certified LRDP, the executive director shall inform the governing authority of what further information is needed to make such determination. The notice shall be deemed filed when all necessary supporting information has been received by the executive director. (c) No construction shall commence until at least thirty (30) days after the notice is filed in the office of the Commission. (d) This section shall not apply to those development projects defined pursuant to Section 13511(g). Note: Authority cited: Section 30605, Public Resources Code. Reference: Section 30606, Public Resources Code. s 13550. Commission Review of Development Projects. (a) Categories of development defined in a certified LRDP pursuant to Section 13511(g) shall not be reviewable by the Commission. (b) Within thirty (30) days after the filing of the notice of the impending development, the executive director shall report in writing to the Commission the pendency of the proposed development. The report shall include a description sufficient to allow the Commission to understand the location, nature, and extent of the proposed development, and a discussion and recommendation regarding the consistency of the proposed development with the certified LRDP. Copies of the report shall be available at the meeting and, if possible within the time available, shall have been mailed to the Commission, the governing authority and those persons known by the executive director to be interested in receiving such notification. (c) Proposed developments which in the opinion of the executive director of the Commission are de minimus with respect to the purposes and provisions of the certified LRDP may be scheduled for Commission review at one public hearing during which all such items may be taken up as a single matter. This procedure shall be known as the Consent Calendar. The procedures governing such Consent Calendar shall be comparable to the procedures set forth in Sections 13101- 13103. (d) Within thirty (30) days of the filing of the notice and after a public hearing the Commission shall, by a majority of its membership present, determine whether the proposed development is consistent with the certified LRDP and whether conditions are required in accordance with the provisions of Public Resources Code Sections 30605-30607 and 30607.1. If the Commission determines that conditions are required to render the proposed development consistent with the certified LRDP, the Commission shall schedule a public hearing on the proposed conditions no later than twenty-one (21) days after the close of the hearing that determined consistency with the LRDP. No construction shall commence until after the Commission votes to impose any condition necessary to render the proposed development consistent with the certified LRDP. The hearing procedures governing the Commission's determinations pursuant to this subsection shall be in conformance with Section 13064-13096. Note: Authority cited: Section 30605, Public Resources Code. Reference: Section 30606, Public Resources Code. s 13551. Local Government Resolution. (a) An amendment to a certified LCP or LRDP shall be accepted for filing by the Commission if the amendment is submitted pursuant to a resolution adopted in accordance with the provisions of Public Resources Code Section 30510(a) or is proposed pursuant to Public Resources Code Section 30515. (b) A local government or governing authority may submit a proposed amendment either (1) as an amendment that will take effect automatically upon Commission approval pursuant to Public Resources Code Sections 30512, 30513, and 30519, or (2) as an amendment that will require formal local government adoption after Commission approval. Under either of the alternative procedures, the requirements of Sections 13544, 13544.5 or 13547 must be fulfilled following Commission approval of the amendment. For purposes of this Article, certified LCP or LRDP includes certified land use plan, LCP or LRDP or any portion thereof. Note: Authority cited: Sections 30501 and 30605, Public Resources Code. Reference: Sections 30514, 30605, and 30510, Public Resources Code. s 13552. Contents of LCP or LRDP Amendment Submittal. The LCP or LRDP amendment submittal shall include: (a) A summary of the measure taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP or LRDP amendment process, pursuant to Section 13515 and Public Resources Code Section 30503; a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP or LRDP amendment; and copies or summaries of significant comments received and of the local government or governing authority's response to the comments. (b) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible. An amendment to a land use plan or LRDP shall include, where applicable, a readily identifiable public access component as set forth in Section 13512. (c) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP or LRDP. (d) An analysis that meets the requirements of Section 13511 or an approved alternative pursuant to Section 13514 and that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act. (e) Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP or LRDP. (f) An indication of the zoning measures that will be used to carry out the amendment to the land use plan (unless submitted at the same time as the amendment to the land use plan). Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30510 and 30514, Public Resources Code. s 13553. Review of Filing. An amendment to a certified LCP or LRDP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the executive director of the Commission to be in proper order and legally adequate to comply with Public Resources Code Section 30510(b). Said review shall be completed within a reasonable time, but unless there are unusual circumstances, no later than ten (10) working days after the date it is received in the Commission offices during normal working hours. The executive director shall cause a date of receipt stamp to be affixed to all LCP or LRDP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. If the executive director determines that the materials received are not sufficient to satisfy the requirements of Public Resources Code Section 30510(b), the executive director shall transmit to the local government or governing authority specific written comments regarding the inadequacy of the submission no later than the aforementioned ten (10) working days. Any disagreement between the executive director and the local government or governing authority as to information requirements may be resolved by the Commission. If the amendment to the LCP or LRDP is found to be properly submitted, the executive director shall immediately notify the local government or governing authority that submitted the LCP or LRDP amendment. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code; and Section 65943, Government Code. s 13554. Minor Amendment, Definition. Pursuant to Public Resources Code Section 30514(c) and for purposes of this Article, a minor amendment to an LCP or LRDP includes but is not limited to, the following: (a) changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the executive director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission. (b) for annexed or detached areas, certification of zoning ordinances, zoning district maps or other implementing actions where either: (1) the certified land use plan and zoning designations of the city and county jurisdictions fo the geographic area are equivalent; or (2) the Commission has certified proposed pre-annexation zoning for the annexing jurisdiction. (c) change in the notification and hearing procedures that is consistent with the requirements of the Coastal Act. (d) for land use plans: (1) revisions or deletion of housing policies certified pursuant to Public Resources Code Section 30213 prior to January 1, 1982. (2) correction, reorganization, revisions, or deletion of certified language which when taken together does not change the kind, location, intensity or density of use or modify the resource protection measures for any area or property. (3) additions or revisions to certified policies which impose further conditions, restriction or limitations on any use which might adversely affect the resources of the coastal zone, if those amendments do not conflict with any policy of Chapter 3 of the Coastal Act or with any other certified land use plan policy. (e) changes in the kinds, location, intensity or density of uses covering areas specifically certified by the Commission as acceptable alternative land uses that become effective upon the occurrence of specific events authorized in a certified LCP or LRDP, such as annexations or the availability of water or sewer services. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code. s 13555. Designation of Amendment as Minor. (a) The executive director of the Commission or the Commission may determine whether or not a proposed amendment is minor in nature . If the executive director determines the proposed amendment is minor, notice of such determination including a summary of procedures set forth in this Article shall be mailed to all parties the executive director has reason to know may be interested in the amendment to the LCP or LRDP. The executive director shall report in writing to the Commission at the next meeting, his or her determination and objections to the determination, if any, that have been received within ten (10) working days of the posting of notice. The report shall include sufficient description of the proposed amendment to allow the Commission to understand the proposal. If one-third of the appointed members of the Commission requests, the determination of minor amendment shall not become effective and the amendment shall be processed in accordance with Section 13555(b). Proposed amendments that are designated as minor amendments by the executive director with concurrence by the Commission or the Commission shall take effect upon completion of the requirements of Section 13547. (b) If the executive director or the Commission determine that the proposed amendment is not minor, the application shall be processed by the Commission after notice to all parties the executive director has reason to know may be interested in the matter. Amendments that are not designated minor in nature shall be subject to the provisions of this Article and Articles 9-12. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code. s 13557. Review and Comments on Draft Environmental Documents. (a) Any local government or governing authority intending to submit an LCP or LRDP for certification shall submit any draft environment documents, including an Initial Environmental Study, Draft Environmental Impact Report, or Draft Negative Declaration concerning the LCP or LRDP to the office of the Commission as soon as practicable after such are prepared. (b) The executive director shall review such documents, determine what comments should be made on behalf of the Commission, and forward such documents to the local government or governing authority. The Commission at its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the Commission deems appropriate. With regard to LCPs, if the draft environmental impact report is submitted in conjunction with the preliminary review procedure set forth in Section 13517, the draft environmental documents may be submitted together with the proposed local coastal program as a single document, and the Commission may hold a hearing on the draft environmental document(s) at the same time as the advisory review hearing. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 21160, Public Resources Code. s 13558. Effect of Comments and Preliminary Review by the Commission. Comments on environmental documents that are submitted by the Commission or the executive director pursuant to the California Environmental Quality Act are intended to aid the local government or governing authority in preparing adequate environmental documents. They do not indicate what action the Commission may take with regard to certification; nor do they preclude the Commission from requiring supplemental environmental information in the course of the review process. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30500(c), Public Resources Code. s 13559. Submission of Final Environmental Documents for LRDPs. At the time the governing authority submits its LRDP pursuant to Section 13518, it shall also submit either a final Environmental Impact Report or a negative Declaration. For purposes of the section and to avoid unnecessary duplication, the Environmental Impact Report and the LRDP may be submitted as a single document if such single document meets the substantive and procedural requirements of both the California Coastal Act of 1976 and the California Environmental Quality Act. Any public hearing on the LRDP may be combined with required public hear ings for the review of environmental documents pursuant to the California Environmental Quality Act. Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 21100, Public Resources Code. s 13560. Scope of Article. The provisions of this Article shall constitute minimum standards of notice and hearing requirements for local governments and for the Commission in reviewing development projects after certification of a local coastal program. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13563. Existing Local Procedures. Existing local government notice and hearing procedures which are in substantial compliance with the provisions of these regulations may be reviewed and certified by the Commission as part of the local coastal program. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620.6, Public Resources Code. s 13565. Notice of Appealable Developments. Within ten (10) calendar days of accepting an application for an appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the first public hearing on the development proposal, the local government shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Commission. The notice shall contain the following information: (1) a statement that the development is within the coastal zone; (2) the date of filing of the application and the name of the applicant; (3) the number assigned to the application; (4) a description of the development and its proposed location; (5) the date, time and place at which the application will be heard by the local governing body or hearing officer; (6) a brief description of the general procedure of local government concerning the conduct of hearing and local actions; (7) the system for local and Coastal Commission appeals, including any local fees required. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code. s 13566. Public Hearing on Appealable Developments. At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 13565. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code. s 13567. Notice of Local Government Action When Hearing Continued. If a decision on a development permit is continued by the local government to a time which is neither (a) previously stated in the notice provided pursuant to Section 13565, nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 13565. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code. s 13568. Notice of Non-Appealable Developments. (a) Notice of developments within the coastal zone that require a public hearing under local ordinance, but which are not appealable pursuant to Public Resources Code Section 30603 (and which are not categorically excluded) shall be provided in accordance with existing local government notice requirements which shall provide at a minimum: Notice of developments shall be given at least ten (10) calendar days before a hearing in the following manner: (1) if the matter is heard by the Planning Commission (city or county) notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction; (2) notice by first class mail to any person who has filed a written request therefore, (3) notice by first class mail to property owners within 300 feet. (4) notice by first class mail to residents within 100 feet of the proposed project. (5) notice by first class mail to the Commission. (6) the notice shall contain a statement that the proposed development is within the coastal zone. The local government may, instead, elect to provide notice in accordance with Section 13565. (b) Notice of developments within the coastal zone which are not appealable pursuant to Public Resources Code Section 30603 and which do not require a public hearing under local ordinance (and which are not categorically excluded) shall be provided as follows: Within ten (10) calendar days of accepting an application for a non-appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the local decision on the application, the local government shall provide notice, by first class mail, of pending development approval. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Commission. The notice shall contain the following information: (1) a statement that the development is within the coastal zone; (2) the date of filing of the application and the name of the applicant; (3) the number assigned to the application; (4) a description of development and its proposed location; (5) the date the application will be acted upon by the local governing body or decision-maker; (6) the general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision; (7) a statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code. s 13569. Determination of Applicable Notice and Hearing Procedures. The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable: (a) The local government shall make its determination as to what type of development is being proposed (i.e. categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in local government procedures. (b) If the determination of the local government is challenged by the applicant or an interested person, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion; (c) The executive director shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable or appealable: (d) Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area . The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the local government request. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code. s 13570. Finality of Local Government Action. A local decision on an application for a development shall not be deemed complete until (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as defined in Section 13573. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code. s 13571. Final Local Government Action -Notice. (a) Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven (7) calendar days of a local government completing its review and meeting the requirements of Section 13570, the local government shall notify by first class mail the Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission. (b) Failure to Act -Notice. (1) Notification by Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the local government and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. (2) Notification by Local Government: When a local government determines that the time limits established pursuant to Government Code Sections 65950-65957.1 have expired, the local government shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Commission pursuant to Section 13110 et seq. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.) Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30620 and 30625, Public Resources Code. s 13572. Local Government Action -Effective Date. A local government's final decision on an application for an appealable development shall become effective after the ten (10) working day appeal period to the Commission has expired unless either of the following occur: (a) an appeal is filed in accordance with Section 13111; (b) the notice of final local government action does not meet the requirements of Section 13571; When either of the circumstances in Section 13572(a) or (b) occur, the Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended. Note: Authority cited: Section 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code. s 13573. Exhaustion of Local Appeals. (a) An appellant shall be deemed to have exhausted local appeals for purposes of Section 13111 and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur: (1) The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program. (2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision. (3) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Article. (4) The local government jurisdiction charges an appeal fee for the filing or processing of appeals. (b) Where a project is appealed by any two (2) members of the Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30603 and 30625, Public Resources Code. s 13574. Procedures for Open Space Easements and Public Access Documents. All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures: (a) The executive director of the Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements. (1) Upon completion of permit review by the local government and prior to the issuance of the permit, the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (2) The executive director of the Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (3) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period; (4) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or (b) If a local government requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the local government if the local government identifies the department of the local government or public agency or private association that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits subject to the following: Upon completion of the recordation of the documents the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the executive director of the Commission. Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30530, Public Resources Code. s 13576. Map(s) of Areas of Commission Permit and Appeal Jurisdiction. (a) In conjunction with final Local Coastal Program certification or the delegation of coastal development permit authority pursuant to Public Resources Code Section 30600.5, whichever occurs first, the Commission shall, after public hearing, adopt a map or maps of the coastal zone of the affected jurisdiction that portrays the areas where the Commission retains permit authority pursuant to Public Resources Code Sections 30603 (a) (1) and (a)(2), or 30600.5 (d). These maps shall be drawn based on the criteria for permit and appeal boundary determinations, set forth in Section 13577 below, and will serve as the official maps of the Commission's permit and appeal jurisdiction. The Commission, in consultation with the local government, shall update these maps from time to time, where changes occur in the conditions on which the adopted maps were based, or where it can be shown that the location of the mapped boundary does not adequately reflect the intended boundary criteria. Revisions of the adopted maps shall be based on precise boundary determinations made using the criteria set forth in Section 13577. The revised maps shall be filed with the affected jurisdiction within 30 days of adoption by the Commission. In addition, each adopted map depicting the permit and appeal jurisdiction shall include the following statement: "This map has been prepared to show where the California Coastal Commission retains permit and appeal jurisdiction pursuant to Public Resources Code Sections 30519(b), 30603(a)(1) and (a)(2) and 30600.5(d). In addition, development may also be appealable pursuant to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the local government and/or the Executive Director of the Commission for clarification and information. This plat may be updated as appropriate and may not include all lands where permit and appeal jurisdiction is retained by the Commission" (b) In the case of local governments which have received Commission approval of their Phase III (implementation) Work Program and Budget prior to January 1, 1980, the permit and appeal area maps shall be adopted by the Commission prior to the certification becoming effective pursuant to Section 13547 of the Commission's regulations. Note: Authority cited: Sections 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code. s 13577. Criteria for Permit and Appeal Jurisdiction Boundary Determinations. For purposes of Public Resources Code Sections 30519, 30600.5, 30601, 30603, and all other applicable provisions of the Coastal Act of 1976, the precise boundaries of the jurisdictional areas described therein shall be determined using the following criteria: (a) Streams. Measure 100 feet landward from the top of the bank of any stream mapped by USGS on the 7.5 minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. For purposes of this section, channelized streams not having significant habitat value should not be considered. (b) Wetlands. (1) Measure 100 feet landward from the upland limit of the wetland. Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. For purposes of this section, the upland limit of a wetland shall be defined as: (A) the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover; (B) the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or (C) in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not. (2) For the purposes of this section, the term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where: (A) the pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and (B) there is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands. (c) Estuaries. Measure 300 feet landward from the mean high tide line of the estuary. For purposes of this section, an estuary shall be defined as a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level my be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station. (d) Tidelands. Tidelands shall be defined as lands which are located between the lines of mean high tide and mean low tide. (e) Submerged Lands. Submerged lands shall be defined as lands which lie below the line of mean low tide. (f) Public Trust Lands. Public Trust lands shall be defined as all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time. (g) Beaches. Measure 300 feet landward from the inland extent of the beach. The back beach, or dry beach, if it exists, shall be included. The inland extent of the beach shall be determined as follows: (1) from a distinct linear feature (e.g., a seawall, road, or bluff, etc.); (2) from the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or (3) where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence. (h) Coastal Bluffs. Measure 300 feet both landward and seaward from the bluff line or edge. Coastal bluff shall mean: (1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and (2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2). Bluff line or edge shall be defined as the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations. (i) First Public Road Paralleling the Sea. (1) The "first public road paralleling the sea" means that road nearest to the sea, as defined in Public Resources Code Section 30115, which: (A) is lawfully open to uninterrupted public use and is suitable for such use; (B) is publicly maintained; (C) is an improved, all-weather road open to motor vehicle traffic in at least one direction; (D) is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and (E) does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline. When based on a road designated pursuant to this section, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road. (2) Whenever no public road can be designated which conforms to all provisions of (i)(1) above, and a public road does exist, which conforms to all provisions of (i)(1) except (i)(1)(v), the effect of designating the first public road paralleling the sea shall be limited to the following: (A) all parcels between the Pacific Ocean and such other public road; and (B) those parcels immediately adjacent of the sea inland of such other public road. (3) Where the Commission determines that the designation of the "first public road paralleling the sea" results in the inclusion of areas within the permit and appeal jurisdiction where the grounds for an appeal set forth in Public Resources Code Section 30603(b) are not an issue, the Commission may take action to limit the geographic area where developments approved by a local government may be appealed to the Commission, to that area where any such grounds are, in fact, an issue. Note: Authority cited: Sections 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code. s 13600. Ports Covered by This Subchapter. The provisions of this subchapter are promulgated pursuant to Chapter 8 of the California Coastal Act of 1976. That Chapter and the organizational and procedural provisions of Chapters 1, 2, 3, and 5 of these regulations as applicable shall govern any development, the issuance of any coastal development permit, and the certification of any port master plan within the legal geographical boundaries of those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District within the coastal zone except as provided herein. Note: Authority cited: For Subchapter 6 (Sections 13600-13648, not consecutive) Sections 30605, 30501 and 30333, Public Resources Code. Reference: Sections 30605 and 30606, Public Resources Code. s 13601. Port Boundary Maps. (a) Port boundary maps adopted pursuant to Section 30710 may be amended from time to time by the Commission only for the following purposes: (1) to correct a clerical mistake or other similar error made in preparing the original map, (2) to enlarge the areas identified as wetlands, estuaries, or recreation areas but only at the request of the Port, or (3) to modify the legal geographical boundary if such boundary is changed. (b) Amendments to port boundary maps and supporting material shall be transmitted to each port, the district office, other known interested persons and shall be made available for inspection by the public at least seven (7) working days prior to the public hearing conducted pursuant to subsection (c) below. Where reproduction of such map amendments would result in unnecessary delays, distribution of summary maps may be substituted. (c) Unless additional time is requested by the governing body of any port to supplement the material prepare by the executive director, the commission shall, after reviewing the material prepared by the executive director, and after notice is provided in accordance with Section 13063 at public hearing adopt, certify and file with each port district the amendments to such port boundary maps. (d) The preparation and/or approval of any maps pursuant to Public Resources Code, Section 30710 and this section is for planning purposes only and not to establish rights of ownership. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30710, Public Resources Code. s 13610. Effect of Delineation as a Wetland, Estuary, or Existing Recreation Area. (a) Until such time as the commission certifies a plan for an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710, any development proposed to be undertaken in such an area shall require a coastal development permit as provided in Chapter 7 of the California Coastal Act of 1976 and these regulations. (b) A port governing body with jurisdiction over an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710 may choose to either (1) submit a plan for such area to the commission in conjunction with the proposed port master plan pursuant to Public Resources Code, Section 30711, and the procedures for reviewing a port master plan set forth in Article 4 of this subchapter; or (2) submit a plan for such area for inclusion in a local government's local coastal program pursuant to Public Resources Code, Section 30519(b), and the procedures for reviewing a local coastal program set forth in these regulations. Certification of a plan for a wetland, estuary, or existing recreation area identified pursuant to Public Resources Code, Section 30710 shall be governed by policies of Chapter 3 of the California Coastal Act. After final certification of a plan for such an area, any proposed development in the area governed by the plan shall be subject to the procedures governing review of development following certification of a local coastal program as set forth in Public Resources Code, Section 30603 and these regulations. s 13620. Pre-Certification Coastal Development Permits. Prior to certification of a port master plan, any person wishing to undertake a development within the geographical boundaries of a port governed by this subchapter shall obtain a coastal development permit from the commission. Any such development shall be governed by the policies of Chapter 8 of the California Coastal Act of 1976, except in the case of a delineated wetland, estuary, or existing recreation area on the adopted Port Boundary Map or a development identified in Public Resources Code, Section 30715(a)-(f) which shall be governed by the policies of Chapter 3 of the California Coastal Act of 1976. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code. s 13625. Contents of a Master Plan. In order for the commission to be able to certify a port master plan, the plan shall include the following: (a) Where a port governing body elects, pursuant to Section 13610(b), to include an area identified as a wetland, estuary, or existing recreation area in a port master plan, rather than submit the plan for such an area for inclusion in a local coastal program, the plan for such an area shall indicate how it conforms with the policies of Chapter 3 of the California Coastal Act of 1976 and its adequacy to carry out said policies. (b) Pursuant to Public Resources Code, Section 30711(a)(4), all proposed developments listed as appealable under Public Resources Code, Section 30715 shall be described in sufficient detail to allow the commission to determine their consistency with the policies of Chapter 3 of the California Coastal Act of 1976. Provided, however, that in the event a proposed development has not reached the stage where it is in sufficient detail to meet his requirement, the port governing body may submit a plan that is comparable to a public works plan under Public Resources Code, Section 30605 and that meets the requirements of Public Resources Code, Section 30605 and these regulations; any project undertaken pursuant to a plan approved in this manner shall meet the requirements of Public Resources Code, Sections 30605, 30606, 30607, and 30607.1. (c) All other requirements set forth in Chapter 8 of the California Coastal Act of 1976. Where a proposed development described in the master plan has not reached a stage of project definition that would allow the commission to determine consistency with the requirements of Chapter 8 of the California Coastal Act of 1976, the port governing body may request that the commission employ the public works plan procedure set forth in subsection (b) above but subject to the policies of Chapter 8 of the California Coastal Act of 1976 rather than the policies of Chapter 3. (d) Copies of written comments on the master plan received from any person any responses thereto and a detailed summary of oral testimony given at any hearing on the master plan. s 13626. Notice of Completion. After completion of a draft Master Plan or an amendment of a Master Plan, the Port governing body shall issue a notice of completion which contains information which, in the judgment of the executive director of the commission, is of sufficient detail to allow the commission to determine the port governing body's compliance with the provisions of Public Resources Code, Sections 30712 and 30713. The notice of completion shall include a listing of the members of the public, organizations and governmental agencies contacted for comment on the Port Master Plans along with copies of their comments, if any. As used in these regulations, notice of completion means that notice pursuant to Public Resources Code, Sections 30712 and 30713. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30712, Public Resources Code. s 13627. Notice and Public Hearings. After publication and submission of the notice of completion pursuant to Public Resources Code, Sections 30712 and 30713, the port governing body shall, after notice distributed in a manner comparable to that provided in Section 13059, hold a public hearing or hearings on a draft master plan adopted pursuant to Public Resources Code, Section 30712 as provided in Public Resources Code Section 30712. Upon the publication or submission of the notice of completion the governing body of the port shall make copies of such plans available upon request to other interested persons. When such master plans cannot be readily duplicated, a detailed summary shall be made available for public distribution and the port shall make complete copies of such plans available for inspection in a reasonable manner by the public. Upon the publication or submission of the notice of completion, the port governing body shall submit copies of the plans to the commission; if the port governing body so desires, such plans may be combined with the draft environmental review documents as provided in Section 13640. Public hearings required pursuant to Public Resources Code, Sections 30712 and 30713 may be combined with any applicable hearings on draft Environmental Impact Reports held pursuant to the California Environmental Quality Act. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30712 and 30713, Public Resources Code. s 13628. Submission of Master Plan by Port. (a) No master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714 until the executive director certifies that it contains or is accompanied by the following: (1) A notice of completion conforming to Section 13626. (2) Certification of the conformance to the publication on notice and hearing requirements of Section 13627. (3) A resolution adopted by the port governing body adopting such plan for the purpose of authorizing its submission to the commission. (4) Comments and testimony received during the public hearings and response thereto. Where applicable, such comments and responses may be combined with those in subsection (6) below. (5) Such supporting factual data as necessary for the commission to review the adequacy of the plan to carry out the policies of the California Coastal Act of 1976. (6) A draft Environmental Impact Report that contains the responses to public comments made during the period for public comment as provided in the California Environmental Quality Act. (b) The executive director of the commission shall determine whether the material submitted or resubmitted conforms to the requirements of subsection (a) within ten (10) working days of receiving such material. Upon the determination by the executive director that such material is sufficient, the master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714. If the executive director determines that such material is not sufficient, the executive director shall inform the port governing body of the determination and the reasons for the determination. s 13629. Informal Commission Review. A port governing body shall be entitled to one preliminary plan review prior to formal submittal. The procedures for conducting the informal review shall be the same as those set forth in Section 13218, governing the informal review of urban exclusion requests. Such review should be consolidated with any commission review of an Impact Report as provided in Section 13645(c). s 13630. Public Hearings. At least one public hearing shall be held by the commission after providing notice as provided in Section 13063 on any port master plan submitted pursuant to Public Resources Code, Section 30714 prior to taking final action. No public hearing shall be held prior to the 21st day after submission of the plan. Where practicable, public hearings on a port master plan should be held near the port involved. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code. s 13631. Staff Reports. Prior to the public hearing provided in Section 13630, the executive director shall provide a summary of the port master plan and the issues presented by such plan to the commission and parties that the executive director has reason to know are interested in the plan. Such report may also contain an initial recommendation as to whether the master plan should be certified in whole or in part or rejected in whole or in part in its form as submitted. s 13632. Certification of Port Master Plan. (a) After the close of the public hearing, the executive director shall make a written recommendation to the commission as soon as practicable as to whether the port master plan should be certified in whole or in part or rejected in whole or in part. Such recommendation shall be provided to parties that the executive director has reason to know are interested in the matter prior to the vote by the commission in the same manner as provided in Section 13059. (b) The recommendation of the executive director shall be written and shall contain proposed findings of fact and conclusions of law to support the recommendation. (c) The commission shall, by a majority of the members of the Commission present, take action on the port master plan within ninety days of submission pursuant to Public Resources Code, Section 30714. (d) The commission shall approve a port master plan only if the commission finds that sufficient information has been submitted to allow the commission to determine the adequacy and conformity of the proposed plan(s) with the applicable policies of the California Coastal Act of 1976, pursuant to the requirements of Public Resources Code, Section 30711 and of Section 13625 of these regulations, and that the master plan fulfills the requirements of Public Resources Code, Section 30714(a) and (b). Further, the commission shall make any findings required pursuant to the California Environmental Quality Act. Where a port master plan includes a wetland, estuary or existing recreation area pursuant to Section 13610(b)(1), the commission shall base its findings on adequacy and conformity with the policies of Chapter 3 of the California Coastal Act of 1976. (e) The certification of a port master plan shall not become effective until the port governing body takes formal action adopting such plan as certified by the commission and the commission has received notice of such action, including the final EIR adopted for such action and the commission has accepted the formal action as consistent with its certification. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code. s 13633. Withdrawal of Master Plan or Postponement of Action on Master Plan. (a) At any time before the Commission commences calling the roll for a vote on a port master plan, the port governing body may withdraw the plan from consideration. Withdrawal must be in writing or stated on the record and does not require Commission concurrence. Resubmission of the port master plan pursuant to Public Resources Code Section 30714 shall not take place for 45 days following the request to withdraw. (b) In addition to the procedures set forth in Section 13633(a), the port governing body may request the Commission to postpone consideration of the plan. Where the port governing body determines that it is not prepared to respond to the staff recommendation at the meeting for which the vote is scheduled, the port governing body shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. Such a request shall be in writing or stated on the record and shall expressly include a waiver of any applicable time limits for Commission action on the plan. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code. s 13634. Amendment of Port Master Plan Prior to Commission Action. If the governing body of a port amends its master plan after submission of its plan pursuant to Public Resources Code Section 30714 and prior to the commencement of the calling of the roll for a vote on any portion of the master plan, the executive director shall determine if such amendment is material and includes changes that have not been the subject of public review and comment before the Commission. If the executive director finds that both of these factors exist, the amendment shall not be considered by the Commission unless a new public hearing is scheduled with a view toward allowing full public participation and attendance at the hearing on the amendment as required by Section 30712. The port governing body shall waive the 90-day time period of Public Resources Code Section 30714 in writing or on the record to permit adequate time for Commission consideration of the amendment and public comments on the amendment. If the executive director finds the amendment is not material or has been the subject of adequate public comment at the public hearing, the Commission, unless it disagrees with the findings of the executive director, shall consider and take action on the amendment rather than the master plan as initially submitted. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code. s 13635. Effect of Rejection. If the commission rejects the submitted master plan in whole or in part, it shall make findings on all portions of the plan deemed insufficient. Those portions that are rejected shall not be resubmitted to the commission pursuant to Public Resources Code, Section 30714 for 90 days following such rejection unless the executive director finds that there is a substantial change in the portion of the master plan that was rejected. s 13636. Amendments to Master Plan After Certification. An amendment to the port master plan by the governing body of the port shall not become effective until the commission has certified it in the manner provided in Public Resources Code, Section 30714 for certification of master plans, or after the 10 working day following the date that the executive director has certified such amendment as being minor in nature as provided in Section 13637 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code. s 13637. Minor Amendments. (a) The governing body of a port may request the executive director of the commission to designate an amendment to the port master plan as being minor in nature pursuant to Public Resources Code, Section 30716(b). Any such amendment shall be submitted to the executive director and shall be accompanied by the same information supporting such amendment as would be required for any other amendment. Notice of such amendment shall be given to all persons who the executive director has reason to know may be interested. No sooner than 15 working days from the date that such notice was transmitted, the executive director shall make a determination as to whether to designate such amendment as minor in nature. Any such determination shall be in writing with findings supporting the determination and the conformance of the amendment with the provisions of this division. The determination shall be transmitted to those receiving notice. No amendment shall be designated minor in nature if it involves significant filling, dredging or diking or a type of use not specifically provided for in the certified master plan or if in the opinion of the executive director the proposed amendment would not be consistent with the provisions of this division, would materially alter any significant condition or situation that formed a basis for certification of the port master plan, would result in any substantial adverse environmental effect, or would have a reasonable risk of producing such a result. An amendment designated as being minor in nature shall not become effective for 10 working days following the designation by the executive director. (b) Any determination pursuant to subsection (a) shall be reported to the commission at its next regularly scheduled meeting by the executive director. s 13640. Notification of Appealable Developments After Certification of Master Plan. After certification of a port master plan, the governing body of the port shall notify the Commission on a form approved by the executive director of the Commission of any appealable development proposed within its jurisdiction during the planning and design phase of the development or as soon as the governing body becomes aware of such proposed development, if the governing body of the port is not involved in the planning or design of such development. Such notice shall include a description of the purpose and design of the development to the extent that is known, and the estimated time when the development will be acted upon by the port governing body. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code. s 13641. Appeals After Certification of Master Plan. (a) Upon approval of any appealable development by the port governing body, the port governing body shall notify the Commission, and other interested persons, organizations and governmental agencies of the approval, on a form made available by the executive director of the Commission. Such notification shall include a description of the proposed development, its location, and shall indicate how it is consistent with the certified port master plan and the California Coastal Act of 1976. (b) The approval of any appealable development by the governing body of the port shall become effective after the 10th working day following receipt of notice by the Commission unless an appeal is filed with the Commission within that time. Any permit issued for an appealable development shall contain a written statement to this effect. (c) Appeals shall be filed and processed by the Commission in the same manner as appeals from local government actions as set forth in Chapter 7 of the California Coastal Act and Chapter 5 of these regulations. The filing of an appeal shall suspend the effectiveness of the port governing body's approval until the commission takes final action on the appeal. No appealable development shall be commenced until final approval by the commission becomes effective. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code. s 13645. Review and Comments on Environmental Documents. (a) The port governing body shall submit any initial studies, draft Environmental Impact Report, draft Negative Declaration, or draft Environmental Impact Statement concerning the port master plan or, after certification of the port master plan, concerning any development which may be appealed to the Commission pursuant to Public Resources Code Section 30715, to the executive director of the Commission as soon as practicable after such are prepared. For purposes of this subchapter the proposed port master plan and appropriate environmental documents may be submitted as a single combined document, when such document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976. (b) The executive director shall: (1) Review any Initial Environmental Study sent to him or her for consultation purposes, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body; and (2) Review any draft environmental documents, received either through the State Clearinghouse review process or through other review procedures, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body and the State Clearinghouse. (c) The commission, in its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the commission deems appropriate. s 13646. Submission of Final Environmental Impact Reports or Negative Declaration. (a) After the port governing body has certified a Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration, it shall submit such to the commission together with the adopted port master plan. For purposes of this section and to avoid unnecessary duplication, the Environmental Impact Report and Port Master Plan may be submitted as a single document, when such single document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976. (b) In the case of an appealable development, the port governing body shall submit the certified Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration with the notice required by Section 13641. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code. s 13647. Notification of Non-Appealable Developments After Certification. For developments approved by the commission in a certified master plan, but not appealable, the port governing body shall forward any draft environmental impact report(s) and negative declaration(s) prepared pursuant to the California Environmental Quality Act of 1970 or any draft environmental impact statement(s) prepared pursuant to the National Environmental Policy Act of 1969 to the commission in a timely manner to ensure sufficient time for the commission to comment on such developments prior to approval by the port governing body. s 13648. Effects of Comments. Comments on environmental documents submitted by the commission or the executive director are intended to aid the port governing body in preparing adequate environmental documents. They do not indicate what action the commission may take with regard to certification of the port master plan or appealable development when submitted to the commission for review, nor do they preclude the commission from requiring additional environmental information in the course of any review process or from taking any action with respect to any development authorized by the California Coastal Act of 1976. s 13650. Scope. The provisions of this article are adopted pursuant to the requirements and under the authority of Public Resources Code, Section 30338. The provisions of this Article apply only to permit applications for sewage treatment works for which request for state and/or federal funding has been made to the State Water Resources Control Board. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13651. Staff Involvement. Staff of the Commission shall, to the extent staff resources are available, participate in any pre-project meeting or draft facilities plan meeting conducted in conjunction with a project requesting funding. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13652. Completeness of Application. A permit application for such sewage treatment works shall be deemed to be complete only when the application is accompanied by a final Facilities Plan as defined by regulations of the State Water Resources Control Board, including a final Environmental Assessment, final Environmental Impact Report, or adopted Negative Declaration, as appropriate. For purposes of this section, the Facilities Plan shall not be deemed to be final unless the staff of the State Water Resources Control Board advises the Commission in writing that the documents are in final form and unless the final Facilities Plan includes sufficient information to allow an assessment of the financial impact of the funding of such treatment works on all properties in the affected service district(s) located within the coastal zone. Any addendum to or material modification of the final Facilities Plan shall extend the Commission review period an additional thirty (30) days. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13653. Filing and Hearing Procedures. The procedures governing the filing and public hearing procedures shall be the same as those set forth in Sections 13053.5-13096 except as specifically modified in this Article. s 13654. Filing of Preliminary Application; Waiver of Preliminary Approval Requirements. A preliminary application for such sewage treatment works will be accepted for filing without meeting the preliminary approval requirements of Section 13052 if the following conditions are met: (1) the application is accompanied by a draft Facilities Plan, including a draft Environmental Assessment, draft Environmental Impact Report, or proposed Negative Declaration; (2) the applicant agrees to notify the Commission in writing of any proposed adoption of a Negative Declaration for such sewage treatment works at least thirty (30) days prior to adoption of such Negative Declaration; (3) the applicant agrees to waive any otherwise applicable deadline for the public hearing and vote on the application until sixty (60) days after the filing of a complete application pursuant to Section 13652. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13655. Initial Public Hearing. Within 49 days of the filing of the preliminary application submitted pursuant to Section 13654, the Commission shall hold a public hearing on the preliminary application. The Commission shall not close the hearing but shall keep the hearing open until the vote pursuant to Section 13657. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13656. Comments on Draft Environmental Impact Report. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13657. Commission Vote on the Permit Application. Within sixty (60) days of the filing a complete application pursuant to Section 13652, the Commission shall conclude the public hearing on the application and shall vote in the same manner set forth in Section 13073-13096. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13658. Appeal to the Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code. s 13660. Definitions. (a) The term "applicant" means any individual, corporation, partnership, association, or other entity organized or existing under the laws of any State, the Federal government, any State, regional or local government, or any entity of such Federal, State, regional or local government, who submits to the Area Supervisor (or other designee of the Secretary of Interior) after August 31, 1978, an OCS plan. (b) The term "OCS plan" means any plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act, as Amended, (43 U.S.C. #S 1331 et. seq.), and the regulations under that Act, which describes in detail activities requiring a Federal license or permit . (c) The term "Area Supervisor" means the Pacific Area Oil and Gas Supervisor, Minerals Management Service formerly the United States Geological Survey, Department of the Interior. (d) The term "Assistant Administrator" means the Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce. (e) The term "Executive Director" means the Executive Director of the California Coastal Commission. (f) The term "California Coastal Management Program" (CCMP) means the program approved by the Department of Commerce pursuant to the Coastal Zone Management Act (16 USC Section 1451 et seq.). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR Part 930 et. seq. as adopted June 25, 1979, 44 FR 37143. s 13660.1. Preliminary Consultation. (a) As soon as possible, but at least 10 days prior to submission to the Area Supervisor of any plan for the exploration of areas leased under the Outer Continental Shelf Lands Act (43 USC 1331 et seq.), and at least 30 days prior to submission of plans for the development or production of areas leased under that Act, any applicant wishing to undertake such activities in areas adjacent to California waters shall consult with the Executive Director at the state office concerning all the activities required to be described in detail in the OCS plan affecting the land or water uses in the coastal zone. This shall include, at minimum, activities requiring the following federal approvals: MMS -Department of the Interior Approval of offshore drilling operations Approval of design plans for the installation of platforms Approval of gathering and flow lines The following OCS related Federal license or permit activities are encouraged to be included, if they will be required in connection with the OCS activity. Department of Defense -U. S. Army Corps of Engineers Permits and licenses required under Sections 9 and 10 of the Rivers Harbors Act of 1899 Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments Permits for artificial islands and fixed structures located on the Outer Continental Shelf (Rivers and Harbors Act of 1899 as extended by 43 U.S.C. 1333(f)) Department of Interior -Bureau of Land Management -MSS Permits and licenses required for drilling and mining on public lands (BLM) Permits for pipeline rights-of-way on the Outer Continental Shelf Permits and licenses for rights-of-way on public lands Environmental Protection Agency Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments Permits and applications for reclassification of land areas under regulations for the prevention of significant deterioration (PSD) of air quality Department of Transportation -U.S. Coast Guard Permits for construction of bridges under 33 USC 401, 491-507 and 525-534 Permits for deepwater ports under the Deepwater Port Act (P.L.93-627) Federal Energy Regulatory Commission Certifications required for interstate gas pipelines Permits or licenses for construction and operation of facilities needed to import, export or transship natural gas or electrical energy Any other OCS related Federal license or permit activities which are not listed above are also encouraged to be included, if they will be required in connection with the OCS activity. (b) The Executive Director shall provide the applicant with a copy of the California Coastal Zone Management Plan ( "CCMP") upon request. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR 930.64, 930.75, 930.77 and 930.82. s 13660.2. Review of Environmental Report for Sufficiency of Information. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008(c), Public Resources Code. s 13660.3. Submission of Consistency Certification. (a) The applicant shall submit to the Area Supervisor who in turn shall submit to the Executive Director: the OCS plan, with accompanying consistency certification and supporting information for all activities required to be described in detail in the plan and identified in Section 13360.1(a) of these regulations, and the environmental report as soon as it is deemed submitted to the Area Supervisor pursuant to 30 CFR 250.34-1(b)(1) for exploration plans or 30 CFR 250.34-2(b)(1) for development and production plans. (b) The consistency certification shall be in the following form: The proposed activities described in detail in this plan comply with California's approved coastal management program and will be conducted in a manner consistent with such program. (c) The applicant shall also include the following supporting information: (1) a brief assessment relating the probable coastal zone effects of each of the enumerated activities and their associated facilities to the relevant elements of the program policies of the CCMP; and (2) a brief set of findings derived from the assessment indicating that each of the enumerated activities (e.g. drilling, platform placement) and its associated facilities (e.g. onshore support structures, offshore pipelines), and its primary effects (e.g. air, water, waste discharges, erosion, wetlands, beach access impacts) are consistent with the mandatory provisions of the CCMP. (d) Upon request of the applicant, the California Coastal Commission staff will provide assistance in preparing the assessment and findings required in Section 13660.3(c)(1) and (2) of these regulations. (e) The Executive Director may request in writing additional data and information from the applicant if he deems it necessary for a complete and proper review. Such a request shall not extend the date for commencement of Coastal Commission review; however, failure to submit the requested information could result in an objection to the applicant's consistency certification [See Section 13660.8(b)(4)]. The applicant shall comply with such request within 10 days of its receipt or shall indicate within 10 days reasons why the request cannot be complied with. (f) When the OCS Plan submitted to the Executive Director by the Area Supervisor has deleted confidential and proprietary information, the places where such information has been deleted and the general subject matter of the information shall be identified. Where the Executive Director determines that such confidential and proprietary information is necessary to adequately assess the coastal zone effects of the activities described in the OCS plan and therefore to make a reasoned decision on the consistency of such activities, such information shall be provided after the Executive Director has provided adequate assurance of confidentiality in accordance with the applicable implementing federal regulations (15 CFR Section 930.77 and 30 CFR Part 252). The procedures specified in Section 13660.3(e) apply to the Executive Director's request for confidential and proprietary information. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR Sections 930.58 and 930.77; and 30 CFR Part 252. s 13660.4. Staff Summary, Recommendation, and Hearing Notice. After receipt of the OCS plan, environmental report, consistency certification and the accompanying findings and assessments and any other information which the Executive Director deems necessary, the Executive Director shall: (a) Prepare a staff summary and recommendation of the applicants' findings and assessments and send it to the applicant, the Assistant Administrator, the Area Supervisor, and other relevant Federal agencies, local governments, state agencies, and other interested parties. If the vote on the certification is scheduled for a later meeting than the oral hearing, the Executive Director shall prepare a separate staff recommendation according to the requirements of Chapter 5, Article 12 (T. 14 Cal. Adm. Code). (b) Schedule a Commission public hearing on the applicant's consistency certification, findings and assessments and the staff summary, and recommendation, giving appropriate notice to all interested parties, (as listed in Section 13660.4(a) above), with particular emphasis on informing citizens of the coastal area which will be affected pursuant to the permit regulations in Chapter 5 (T. 14 Cal. Adm. Code) unless specifically changed herein. The Director shall endeavor, where possible, to schedule the public hearing in the affected region. The notice shall announce the availability for inspection of the applicant's consistency certificate and findings. The state and regional agencies responsible for air and water quality compliance shall be notified and provided the opportunity to pres ent their agencies' positions before the Commission hearing. Such hearing shall be set for a regular Coastal Commission meeting not later than the 49th day after receipt of the documents required by Section 13660.3. The Executive Director may, at his discretion, extend for an additional 30 days the 49-day time period for a hearing. All public hearings shall be scheduled with a view toward allowing widespread public distribution of the information contained in the staff's summary and recommendation and toward allowing maximum public participation and attendance at the hearing particularly for the citizens of the affected area, while affording the applicant expeditious consideration of consistency certifications. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a). s 13660.5. Contents of Summary and Recommendation. The summary shall: (1) list the major activities listed in the OCS plan, for which a consistency certification has been required, (2) discuss the effect of these activities and their associated facilities, on land or water uses in the coastal zone, (3) discuss the consistency of such activities and related effects with the mandatory provisions of the CCMP. The summary shall also specifically list all other Federal permits for which consistency findings have not been enclosed and for which future consistency certification will be required under Section 13660.11 of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a). s 13660.6. Conduct of Hearings on Staff Recommendations on a Consistency Certification. The Commission shall conduct de novo hearings on consistency certifications substantially in accordance with the applicable procedures for permit hearings set forth in Chapter 5 (T. 14 Cal. Adm. Code) of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.79. s 13660.7. Consent Calendar Procedures. Consistency certifications at the discretion of the Executive Director may be included as a consent calendar item pursuant to Chapter 5, Article 15 (T. 1 Cal. Adm. Code) of these regulations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code. s 13660.8. Final Commission Decision. (a) The Commission shall issue a decision on whether the applicant's consistency certification complies with the CCMP; i.e., whether it "concurs" or "objects" to the applicant's consistency certification, at the earliest practicable time and in no event more than 6 months from the date of receipt of such consistency certification and required information from the USGS Area Supervisor (see Section 13660.3 of these regulations). If a Commission decision has not been reached within 3 months of such receipt, the Executive Director shall notify in writing the Assistant Administrator, the applicant, the USGS Area Supervisor, and the relevant Federal agencies of the status of review and the basis for further delay. (b) A Commission decision which objects to an applicant's consistency certification for one or more of the activities described in detail in the OCS plan shall be accompanied by a statement indicating: (1) the effect which the activity will have on coastal land or water uses in the coastal zone, (2) how the activity is inconsistent with a mandatory provision of the CCMP, (3) alternative measures or conditions (if they exist) which would make their proposed activity consistent with CCMP policies, (4) if a decision to object is based upon grounds that the applicant has failed to provide information requested by the Executive Director, the type of information requested and the necessity of that information for a consistency certification must be described, and (5) the applicant's right of appeal to the Secretary of Commerce on the grounds that the activity is consistent with the objectives or purposes of the Coastal Zone Management Act or is necessary in the interest of national security. (c) The Commission shall notify the applicant, the Area Supervisor, the Assistant Administrator, and the relevant Federal agencies of its decision by sending a copy of its Final Decision to them. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.63, 930.64 and 930.79. s 13660.9. Appeals Procedure. Any applicant may file a notice of appeal of a Commission objection to a consistency certification within 30 days of receipt to the Secretary of Commerce according to the provisions of the Coastal Zone Management Act (16 USC Sec. 1451 et seq.) and the regulations contained in 15 CFR Par 930.120 et seq. The applicant shall send a copy of the notice of appeal and accompanying documents to the Executive Director. The Executive Director shall submit detailed comments to the Secretary of Commerce within 30 days of receipt of the appeal and transmit copies to the applicant, the Area Supervisor, and the relevant Federal agencies. Where the commission meeting schedule allows sufficient time for discussion prior to the 30 day period, these comments shall be the subject of Commission discussion with opportunity for public comment. This procedure shall also be followed if the Secretary of Commerce pursues an independent review of the consistency of an OCS activity. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.120-134. s 13660.10. Required Amendments. Any amendment to an OCS plan which must be submitted as a result of Commission objection to consistency of an OCS activity shall be processed as if such amendment were a new plan; i.e. Sections 13660.1-.13 of these regulations apply, except that the Commission must make its decision within 3 months of receipt. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.83, 930.84, 930.85 and 930.86. s 13660.11. Multiple Permit Review. (a) Applicants are strongly encouraged to include with OCS plans detailed descriptions, consistency certifications, findings and assessments and other supporting data for other OCS-related activities, which require a federal license or permit but are not required to be described in detail in OCS plans by the Secretary of the Interior (e.g., Corps of Engineer permits for the placement of structures on the OCS and for dredging and the transportation of dredged material, Environmental Protection Agency air and water quality permits for offshore operations and onshore support and processing facilities, or the other permits listed in Section 13660.1 of these regulations). Where consistency certifications and related findings and assessments are made for all required Federal permits connected with an OCS plan, the applicant shall so state and consolidated consistency review for these activities will take place at the same time and under the same procedures as review of activities required to be described in detail in OCS plans (Sections 13660.1-.13 of these regulations). (b) If consistency certifications and related assessments and findings for all OCS related Federal permits are not included with an OCS plan and consistency certification, the applicant shall state which Federal permit activities have not been included. The final decision of the Commission shall state which Federal permit activities have not been included and therefore must be reviewed separately. (c) The applicant and the Coastal Commission shall comply with Sections 13660- 13660.13 of these regulations in processing consistency certifications which have not been included with OCS plans, except that: (1) As soon as possible, but at least 10 days prior to submission of an application for a Federal permit, the applicant shall consult with the Executive Director concerning OCS-related Federal license or permit activities. (2) An environmental report as described by 30 CFR 250.34-3(a) and 3(b) need not be submitted, if one which covered the subject permit activity was previously submitted under Section 13660.3 of these regulations, or if the Executive Director is satisfied that the applicant has provided sufficient information concerning the environmental effects of the permit activity to adequately review the project as if it were a coastal permit under the CCMP. (3) Wherever there is a requirement to notify the Area Supervisor, notification shall also be sent to the appropriate Federal permitting agency. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82. s 13660.12. Associated Coastal Development Permits. Where a facility associated with an OCS plan requires a coastal development permit application under the California Coastal Act (e.g. pipeline, marine terminal, onshore support and processing facilities, etc.), the applicant shall notify the Executive Director of the facility's relationship to the OCS plan at the time of submittal of the plan. Where a coastal permit application for such a facility precedes submittal of the OCS plan to the Commission, the applicant shall notify the Executive Director that the facility is associated with a forthcoming OCS plan. If the Executive Director determines that a consolidated review of the applicant's consistency certification and application for a coastal development permit is necessary for complete and proper consideration of the matter, he shall recommend such consideration in whatever manner necessary to comply with applicable time limitations. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82. s 13660.13. Monitoring of Federal Permits. Copies of Federal license and permit applications for activities described in detail in an OCS plan, as well as for OCS-related activities, which have received Commission concurrence and which have been requested in the final Commission decision, shall be sent by the applicant to the Executive Director to allow the Commission to monitor the activities. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.86. s 13666. Applicability. These procedures are applicable to persons authorized to undertake a public works project or proposing energy facility development that requires LCP amendments provided that the development meets the following two requirements: (1) unanticipated by the person proposing the development at the time the LCP was before the Commission for certification. (2) meets the public needs of an area greater than that included in the certified LCP. All other developments requiring an amendment to the certified LCP shall follow the LCP amendment procedures of the affected local government and the Commission. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code. s 13666.1. Information Requirements for Preliminary Determination of Applicability. A person desiring review according to this subchapter may first submit an LCP amendment application (following the requirements of the affected local government) to the Executive Director with sufficient information setting forth the reasons for the amendment with particular emphasis on the applicability requirements as specified in Section 13666, and how it conforms with the policies of Public Resources Code Section 30200 et seq. The Executive Director shall, within 30 days, review the Local Coastal Program file and the projected scope of this subchapter. A determination of the Executive Director is final and shall be forwarded to the affected local government and the person desiring review. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code. s 13666.2. Submittal to Local Government. (a) If the Executive Director has preliminarily determined that the development is subject to this subchapter, the application shall first be submitted to the affected local government for an LCP amendment according to applicable requirements. The local government shall make its determination based on factual findings and reasoning supporting the conclusions of law set forth in this subchapter. If the local government fails to amend the LCP within 90 days of submittal, the person submitting such an amendment may file a request for an amendment with the Commission. (b) If the applicant has not requested a preliminary determination, or if the Executive Director has determined that the override provisions do not apply, the applicant may nevertheless request the Commission to consider the application through an appeal from a final local government decision. The appeal from the local government's decision shall follow local coastal program regulations and additionally include the information requirements of this subchapter in order to advise the Commission that in the applicant's opinion, the development is subject to Section 30515. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code. s 13666.3. Commission Review. Commission review shall be undertaken only after consultation with the affected local government and review shall be conducted according to the LCP regulations. A local government resolution is not required if the local government fails to act within 90 days as specified in 13666.2(a). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code. s 13666.4. Required Findings. (a) If the recommendation is for Commission approval as proposed or modified (i.e., conditioned), the recommendation shall be accompanied by specific factual findings and reasoning which, after a careful balancing of social, economic, and environmental effects, supports the following conclusions: (1) development meets a public need of a geographic area greater than that included within the certified LCP. (2) development conforms with and is adequate to carry out the policies of Public Resources Code Section 30200 et seq. (3) if significant adverse environmental impacts have been identified, reasonable alternatives have been examined, and mitigation measures have been included that substantially lessen any significant adverse environmental impact so that there is no feasible less environmentally damaging way to meet the public need. If the development will have no significant adverse environmental impact, findings shall be included which support that conclusion. (4) disapproval would adversely affect the public welfare as identified in the findings, declarations, and general provisions ofthe Coastal Act (Public Resources Code Section 30000 et seq.) and the California Coastal Management Program, if applicable. (b) If the recommendation is for Commission denial, the recommendation shall state specifically the grounds for denial, based upon the findings and relevant facts which after a careful balancing of social economic and environmental effects support the conclusions listed in Section 13666.4. Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code. 1. New Division 5.6 (Chapters 1-3, Sections 13701-13725, not consecutive) filed 9-29-77 as an emergency; effective upon filing (Register 77, No. 40). 1. New Division 5.6 (Chapters 1-3, Sections 13701-13725, not consecutive) filed 2-27-78 as an emergency; effective upon filing (Register 78, No. 9). 3. Certificate of Compliance as to filing of 2-27-78 filed 4-17-78 (Register 78, No. 16). 4. Repealer of Article 1 (Sections 13701-13704)filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j)(Register 82, No. 45).