CCLME.ORG - DIVISION 5.5 [FNA1] CALIFORNIA COASTAL COMMISSION

(continued)

(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. (continued)