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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 tobe 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. (continued)