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(continued)
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code; and Section 65943, Government Code.
s 13554. Minor Amendment, Definition.
Pursuant to Public Resources Code Section 30514(c) and for purposes of this Article, a minor amendment to an LCP or LRDP includes but is not limited to, the following:
(a) changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the executive director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission.
(b) for annexed or detached areas, certification of zoning ordinances, zoning district maps or other implementing actions where either:
(1) the certified land use plan and zoning designations of the city and county jurisdictions fo the geographic area are equivalent; or
(2) the Commission has certified proposed pre-annexation zoning for the annexing jurisdiction.
(c) change in the notification and hearing procedures that is consistent with the requirements of the Coastal Act.
(d) for land use plans:
(1) revisions or deletion of housing policies certified pursuant to Public Resources Code Section 30213 prior to January 1, 1982.
(2) correction, reorganization, revisions, or deletion of certified language which when taken together does not change the kind, location, intensity or density of use or modify the resource protection measures for any area or property.
(3) additions or revisions to certified policies which impose further conditions, restriction or limitations on any use which might adversely affect the resources of the coastal zone, if those amendments do not conflict with any policy of Chapter 3 of the Coastal Act or with any other certified land use plan policy.
(e) changes in the kinds, location, intensity or density of uses covering areas specifically certified by the Commission as acceptable alternative land uses that become effective upon the occurrence of specific events authorized in a certified LCP or LRDP, such as annexations or the availability of water or sewer services.
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code.
s 13555. Designation of Amendment as Minor.
(a) The executive director of the Commission or the Commission may determine whether or not a proposed amendment is minor in nature . If the executive director determines the proposed amendment is minor, notice of such determination including a summary of procedures set forth in this Article shall be mailed to all parties the executive director has reason to know may be interested in the amendment to the LCP or LRDP. The executive director shall report in writing to the Commission at the next meeting, his or her determination and objections to the determination, if any, that have been received within ten (10) working days of the posting of notice. The report shall include sufficient description of the proposed amendment to allow the Commission to understand the proposal. If one-third of the appointed members of the Commission requests, the determination of minor amendment shall not become effective and the amendment shall be processed in accordance with Section 13555(b). Proposed amendments that are designated as minor amendments by the executive director with concurrence by the Commission or the Commission shall take effect upon completion of the requirements of Section 13547.
(b) If the executive director or the Commission determine that the proposed amendment is not minor, the application shall be processed by the Commission after notice to all parties the executive director has reason to know may be interested in the matter. Amendments that are not designated minor in nature shall be subject to the provisions of this Article and Articles 9-12.
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30514, Public Resources Code.
s 13557. Review and Comments on Draft Environmental Documents.
(a) Any local government or governing authority intending to submit an LCP or LRDP for certification shall submit any draft environment documents, including an Initial Environmental Study, Draft Environmental Impact Report, or Draft Negative Declaration concerning the LCP or LRDP to the office of the Commission as soon as practicable after such are prepared.
(b) The executive director shall review such documents, determine what comments should be made on behalf of the Commission, and forward such documents to the local government or governing authority. The Commission at its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the Commission deems appropriate.
With regard to LCPs, if the draft environmental impact report is submitted in conjunction with the preliminary review procedure set forth in Section 13517, the draft environmental documents may be submitted together with the proposed local coastal program as a single document, and the Commission may hold a hearing on the draft environmental document(s) at the same time as the advisory review hearing.
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 21160, Public Resources Code.
s 13558. Effect of Comments and Preliminary Review by the Commission.
Comments on environmental documents that are submitted by the Commission or the executive director pursuant to the California Environmental Quality Act are intended to aid the local government or governing authority in preparing adequate environmental documents. They do not indicate what action the Commission may take with regard to certification; nor do they preclude the Commission from requiring supplemental environmental information in the course of the review process.
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 30500(c), Public Resources Code.
s 13559. Submission of Final Environmental Documents for LRDPs.
At the time the governing authority submits its LRDP pursuant to Section 13518, it shall also submit either a final Environmental Impact Report or a negative Declaration. For purposes of the section and to avoid unnecessary duplication, the Environmental Impact Report and the LRDP may be submitted as a single document if such single document meets the substantive and procedural requirements of both the California Coastal Act of 1976 and the California Environmental Quality Act. Any public hearing on the LRDP may be combined with required public hear ings for the review of environmental documents pursuant to the California Environmental Quality Act.
Note: Authority cited: Section 30501, Public Resources Code. Reference: Section 21100, Public Resources Code.
s 13560. Scope of Article.
The provisions of this Article shall constitute minimum standards of notice and hearing requirements for local governments and for the Commission in reviewing development projects after certification of a local coastal program.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
s 13563. Existing Local Procedures.
Existing local government notice and hearing procedures which are in substantial compliance with the provisions of these regulations may be reviewed and certified by the Commission as part of the local coastal program.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30620.6, Public Resources Code.
s 13565. Notice of Appealable Developments.
Within ten (10) calendar days of accepting an application for an appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the first public hearing on the development proposal, the local government shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Commission. The notice shall contain the following information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a description of the development and its proposed location;
(5) the date, time and place at which the application will be heard by the local governing body or hearing officer;
(6) a brief description of the general procedure of local government concerning the conduct of hearing and local actions;
(7) the system for local and Coastal Commission appeals, including any local fees required.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
s 13566. Public Hearing on Appealable Developments.
At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 13565. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
s 13567. Notice of Local Government Action When Hearing Continued.
If a decision on a development permit is continued by the local government to a time which is neither (a) previously stated in the notice provided pursuant to Section 13565, nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 13565.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
s 13568. Notice of Non-Appealable Developments.
(a) Notice of developments within the coastal zone that require a public hearing under local ordinance, but which are not appealable pursuant to Public Resources Code Section 30603 (and which are not categorically excluded) shall be provided in accordance with existing local government notice requirements which shall provide at a minimum:
Notice of developments shall be given at least ten (10) calendar days before a hearing in the following manner:
(1) if the matter is heard by the Planning Commission (city or county) notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction;
(2) notice by first class mail to any person who has filed a written request therefore,
(3) notice by first class mail to property owners within 300 feet.
(4) notice by first class mail to residents within 100 feet of the proposed project.
(5) notice by first class mail to the Commission.
(6) the notice shall contain a statement that the proposed development is within the coastal zone.
The local government may, instead, elect to provide notice in accordance with Section 13565.
(b) Notice of developments within the coastal zone which are not appealable pursuant to Public Resources Code Section 30603 and which do not require a public hearing under local ordinance (and which are not categorically excluded) shall be provided as follows:
Within ten (10) calendar days of accepting an application for a non-appealable coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the local decision on the application, the local government shall provide notice, by first class mail, of pending development approval. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Commission. The notice shall contain the following information:
(1) a statement that the development is within the coastal zone;
(2) the date of filing of the application and the name of the applicant;
(3) the number assigned to the application;
(4) a description of development and its proposed location;
(5) the date the application will be acted upon by the local governing body or decision-maker;
(6) the general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision;
(7) a statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30006 and 30600, Public Resources Code.
s 13569. Determination of Applicable Notice and Hearing Procedures.
The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:
(a) The local government shall make its determination as to what type of development is being proposed (i.e. categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in local government procedures.
(b) If the determination of the local government is challenged by the applicant or an interested person, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion;
(c) The executive director shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable or appealable:
(d) Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area . The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the local government request.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30600, Public Resources Code.
s 13570. Finality of Local Government Action.
A local decision on an application for a development shall not be deemed complete until (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as defined in Section 13573.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code.
s 13571. Final Local Government Action -Notice.
(a) Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven (7) calendar days of a local government completing its review and meeting the requirements of Section 13570, the local government shall notify by first class mail the Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission.
(b) Failure to Act -Notice.
(1) Notification by Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the local government and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
(2) Notification by Local Government: When a local government determines that the time limits established pursuant to Government Code Sections 65950-65957.1 have expired, the local government shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Commission pursuant to Section 13110 et seq. (This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30620 and 30625, Public Resources Code.
s 13572. Local Government Action -Effective Date.
A local government's final decision on an application for an appealable development shall become effective after the ten (10) working day appeal period to the Commission has expired unless either of the following occur:
(a) an appeal is filed in accordance with Section 13111;
(b) the notice of final local government action does not meet the requirements of Section 13571;
When either of the circumstances in Section 13572(a) or (b) occur, the Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended.
Note: Authority cited: Section 30333 and 30620, Public Resources Code. Reference: Section 30603, Public Resources Code.
s 13573. Exhaustion of Local Appeals.
(a) An appellant shall be deemed to have exhausted local appeals for purposes of Section 13111 and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:
(1) The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program.
(2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision.
(3) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Article.
(4) The local government jurisdiction charges an appeal fee for the filing or processing of appeals.
(b) Where a project is appealed by any two (2) members of the Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30603 and 30625, Public Resources Code.
s 13574. Procedures for Open Space Easements and Public Access Documents.
All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:
(a) The executive director of the Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements.
(1) Upon completion of permit review by the local government and prior to the issuance of the permit, the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies;
(2) The executive director of the Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any;
(3) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period;
(4) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or
(b) If a local government requests, the Commission shall delegate the authority to process the recordation of the necessary legal documents to the local government if the local government identifies the department of the local government or public agency or private association that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits subject to the following: Upon completion of the recordation of the documents the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the executive director of the Commission.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Section 30530, Public Resources Code.
s 13576. Map(s) of Areas of Commission Permit and Appeal Jurisdiction.
(a) In conjunction with final Local Coastal Program certification or the delegation of coastal development permit authority pursuant to Public Resources Code Section 30600.5, whichever occurs first, the Commission shall, after public hearing, adopt a map or maps of the coastal zone of the affected jurisdiction that portrays the areas where the Commission retains permit authority pursuant to Public Resources Code Sections 30603 (a) (1) and (a)(2), or 30600.5 (d). These maps shall be drawn based on the criteria for permit and appeal boundary determinations, set forth in Section 13577 below, and will serve as the official maps of the Commission's permit and appeal jurisdiction. The Commission, in consultation with the local government, shall update these maps from time to time, where changes occur in the conditions on which the adopted maps were based, or where it can be shown that the location of the mapped boundary does not adequately reflect the intended boundary criteria. Revisions of the adopted maps shall be based on precise boundary determinations made using the criteria set forth in Section 13577. The revised maps shall be filed with the affected jurisdiction within 30 days of adoption by the Commission. In addition, each adopted map depicting the permit and appeal jurisdiction shall include the following statement:
"This map has been prepared to show where the California Coastal Commission retains permit and appeal jurisdiction pursuant to Public Resources Code Sections 30519(b), 30603(a)(1) and (a)(2) and 30600.5(d). In addition, development may also be appealable pursuant to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the local government and/or the Executive Director of the Commission for clarification and information. This plat may be updated as appropriate and may not include all lands where permit and appeal jurisdiction is retained by the Commission"
(b) In the case of local governments which have received Commission approval of their Phase III (implementation) Work Program and Budget prior to January 1, 1980, the permit and appeal area maps shall be adopted by the Commission prior to the certification becoming effective pursuant to Section 13547 of the Commission's regulations.
Note: Authority cited: Sections 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code.
s 13577. Criteria for Permit and Appeal Jurisdiction Boundary Determinations.
For purposes of Public Resources Code Sections 30519, 30600.5, 30601, 30603, and all other applicable provisions of the Coastal Act of 1976, the precise boundaries of the jurisdictional areas described therein shall be determined using the following criteria:
(a) Streams. Measure 100 feet landward from the top of the bank of any stream mapped by USGS on the 7.5 minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. For purposes of this section, channelized streams not having significant habitat value should not be considered.
(b) Wetlands.
(1) Measure 100 feet landward from the upland limit of the wetland. Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. For purposes of this section, the upland limit of a wetland shall be defined as:
(A) the boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;
(B) the boundary between soil that is predominantly hydric and soil that is predominantly nonhydric; or
(C) in the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.
(2) For the purposes of this section, the term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:
(A) the pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and
(B) there is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.
(c) Estuaries. Measure 300 feet landward from the mean high tide line of the estuary. For purposes of this section, an estuary shall be defined as a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level my be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station.
(d) Tidelands. Tidelands shall be defined as lands which are located between the lines of mean high tide and mean low tide.
(e) Submerged Lands. Submerged lands shall be defined as lands which lie below the line of mean low tide.
(f) Public Trust Lands. Public Trust lands shall be defined as all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.
(g) Beaches. Measure 300 feet landward from the inland extent of the beach. The back beach, or dry beach, if it exists, shall be included. The inland extent of the beach shall be determined as follows:
(1) from a distinct linear feature (e.g., a seawall, road, or bluff, etc.);
(2) from the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or
(3) where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.
(h) Coastal Bluffs. Measure 300 feet both landward and seaward from the bluff line or edge. Coastal bluff shall mean:
(1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and
(2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).
Bluff line or edge shall be defined as the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations.
(i) First Public Road Paralleling the Sea.
(1) The "first public road paralleling the sea" means that road nearest to the sea, as defined in Public Resources Code Section 30115, which:
(A) is lawfully open to uninterrupted public use and is suitable for such use;
(B) is publicly maintained;
(C) is an improved, all-weather road open to motor vehicle traffic in at least one direction;
(D) is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and
(E) does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.
When based on a road designated pursuant to this section, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road.
(2) Whenever no public road can be designated which conforms to all provisions of (i)(1) above, and a public road does exist, which conforms to all provisions of (i)(1) except (i)(1)(v), the effect of designating the first public road paralleling the sea shall be limited to the following:
(A) all parcels between the Pacific Ocean and such other public road; and
(B) those parcels immediately adjacent of the sea inland of such other public road.
(3) Where the Commission determines that the designation of the "first public road paralleling the sea" results in the inclusion of areas within the permit and appeal jurisdiction where the grounds for an appeal set forth in Public Resources Code Section 30603(b) are not an issue, the Commission may take action to limit the geographic area where developments approved by a local government may be appealed to the Commission, to that area where any such grounds are, in fact, an issue.
Note: Authority cited: Sections 30501 and 30620.6, Public Resources Code. Reference: Sections 30519 and 30603, Public Resources Code.
s 13600. Ports Covered by This Subchapter.
The provisions of this subchapter are promulgated pursuant to Chapter 8 of the California Coastal Act of 1976. That Chapter and the organizational and procedural provisions of Chapters 1, 2, 3, and 5 of these regulations as applicable shall govern any development, the issuance of any coastal development permit, and the certification of any port master plan within the legal geographical boundaries of those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District within the coastal zone except as provided herein.
Note: Authority cited: For Subchapter 6 (Sections 13600-13648, not consecutive) Sections 30605, 30501 and 30333, Public Resources Code. Reference: Sections 30605 and 30606, Public Resources Code.
s 13601. Port Boundary Maps.
(a) Port boundary maps adopted pursuant to Section 30710 may be amended from time to time by the Commission only for the following purposes: (1) to correct a clerical mistake or other similar error made in preparing the original map, (2) to enlarge the areas identified as wetlands, estuaries, or recreation areas but only at the request of the Port, or (3) to modify the legal geographical boundary if such boundary is changed.
(b) Amendments to port boundary maps and supporting material shall be transmitted to each port, the district office, other known interested persons and shall be made available for inspection by the public at least seven (7) working days prior to the public hearing conducted pursuant to subsection (c) below. Where reproduction of such map amendments would result in unnecessary delays, distribution of summary maps may be substituted.
(c) Unless additional time is requested by the governing body of any port to supplement the material prepare by the executive director, the commission shall, after reviewing the material prepared by the executive director, and after notice is provided in accordance with Section 13063 at public hearing adopt, certify and file with each port district the amendments to such port boundary maps.
(d) The preparation and/or approval of any maps pursuant to Public Resources Code, Section 30710 and this section is for planning purposes only and not to establish rights of ownership.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30710, Public Resources Code.
s 13610. Effect of Delineation as a Wetland, Estuary, or Existing Recreation Area.
(a) Until such time as the commission certifies a plan for an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710, any development proposed to be undertaken in such an area shall require a coastal development permit as provided in Chapter 7 of the California Coastal Act of 1976 and these regulations.
(b) A port governing body with jurisdiction over an area identified as a wetland, estuary, or existing recreation area pursuant to Public Resources Code, Section 30710 may choose to either (1) submit a plan for such area to the commission in conjunction with the proposed port master plan pursuant to Public Resources Code, Section 30711, and the procedures for reviewing a port master plan set forth in Article 4 of this subchapter; or (2) submit a plan for such area for inclusion in a local government's local coastal program pursuant to Public Resources Code, Section 30519(b), and the procedures for reviewing a local coastal program set forth in these regulations. Certification of a plan for a wetland, estuary, or existing recreation area identified pursuant to Public Resources Code, Section 30710 shall be governed by policies of Chapter 3 of the California Coastal Act. After final certification of a plan for such an area, any proposed development in the area governed by the plan shall be subject to the procedures governing review of development following certification of a local coastal program as set forth in Public Resources Code, Section 30603 and these regulations.
s 13620. Pre-Certification Coastal Development Permits.
Prior to certification of a port master plan, any person wishing to undertake a development within the geographical boundaries of a port governed by this subchapter shall obtain a coastal development permit from the commission. Any such development shall be governed by the policies of Chapter 8 of the California Coastal Act of 1976, except in the case of a delineated wetland, estuary, or existing recreation area on the adopted Port Boundary Map or a development identified in Public Resources Code, Section 30715(a)-(f) which shall be governed by the policies of Chapter 3 of the California Coastal Act of 1976.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
s 13625. Contents of a Master Plan.
In order for the commission to be able to certify a port master plan, the plan shall include the following:
(a) Where a port governing body elects, pursuant to Section 13610(b), to include an area identified as a wetland, estuary, or existing recreation area in a port master plan, rather than submit the plan for such an area for inclusion in a local coastal program, the plan for such an area shall indicate how it conforms with the policies of Chapter 3 of the California Coastal Act of 1976 and its adequacy to carry out said policies.
(b) Pursuant to Public Resources Code, Section 30711(a)(4), all proposed developments listed as appealable under Public Resources Code, Section 30715 shall be described in sufficient detail to allow the commission to determine their consistency with the policies of Chapter 3 of the California Coastal Act of 1976. Provided, however, that in the event a proposed development has not reached the stage where it is in sufficient detail to meet his requirement, the port governing body may submit a plan that is comparable to a public works plan under Public Resources Code, Section 30605 and that meets the requirements of Public Resources Code, Section 30605 and these regulations; any project undertaken pursuant to a plan approved in this manner shall meet the requirements of Public Resources Code, Sections 30605, 30606, 30607, and 30607.1.
(c) All other requirements set forth in Chapter 8 of the California Coastal Act of 1976. Where a proposed development described in the master plan has not reached a stage of project definition that would allow the commission to determine consistency with the requirements of Chapter 8 of the California Coastal Act of 1976, the port governing body may request that the commission employ the public works plan procedure set forth in subsection (b) above but subject to the policies of Chapter 8 of the California Coastal Act of 1976 rather than the policies of Chapter 3.
(d) Copies of written comments on the master plan received from any person any responses thereto and a detailed summary of oral testimony given at any hearing on the master plan.
s 13626. Notice of Completion.
After completion of a draft Master Plan or an amendment of a Master Plan, the Port governing body shall issue a notice of completion which contains information which, in the judgment of the executive director of the commission, is of sufficient detail to allow the commission to determine the port governing body's compliance with the provisions of Public Resources Code, Sections 30712 and 30713. The notice of completion shall include a listing of the members of the public, organizations and governmental agencies contacted for comment on the Port Master Plans along with copies of their comments, if any. As used in these regulations, notice of completion means that notice pursuant to Public Resources Code, Sections 30712 and 30713.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30712, Public Resources Code.
s 13627. Notice and Public Hearings.
After publication and submission of the notice of completion pursuant to Public Resources Code, Sections 30712 and 30713, the port governing body shall, after notice distributed in a manner comparable to that provided in Section 13059, hold a public hearing or hearings on a draft master plan adopted pursuant to Public Resources Code, Section 30712 as provided in Public Resources Code Section 30712. Upon the publication or submission of the notice of completion the governing body of the port shall make copies of such plans available upon request to other interested persons. When such master plans cannot be readily duplicated, a detailed summary shall be made available for public distribution and the port shall make complete copies of such plans available for inspection in a reasonable manner by the public. Upon the publication or submission of the notice of completion, the port governing body shall submit copies of the plans to the commission; if the port governing body so desires, such plans may be combined with the draft environmental review documents as provided in Section 13640. Public hearings required pursuant to Public Resources Code, Sections 30712 and 30713 may be combined with any applicable hearings on draft Environmental Impact Reports held pursuant to the California Environmental Quality Act.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30712 and 30713, Public Resources Code.
s 13628. Submission of Master Plan by Port.
(a) No master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714 until the executive director certifies that it contains or is accompanied by the following:
(1) A notice of completion conforming to Section 13626.
(2) Certification of the conformance to the publication on notice and hearing requirements of Section 13627.
(3) A resolution adopted by the port governing body adopting such plan for the purpose of authorizing its submission to the commission.
(4) Comments and testimony received during the public hearings and response thereto. Where applicable, such comments and responses may be combined with those in subsection (6) below.
(5) Such supporting factual data as necessary for the commission to review the adequacy of the plan to carry out the policies of the California Coastal Act of 1976.
(6) A draft Environmental Impact Report that contains the responses to public comments made during the period for public comment as provided in the California Environmental Quality Act.
(b) The executive director of the commission shall determine whether the material submitted or resubmitted conforms to the requirements of subsection (a) within ten (10) working days of receiving such material. Upon the determination by the executive director that such material is sufficient, the master plan shall be deemed submitted to the commission for the purposes of Public Resources Code, Section 30714. If the executive director determines that such material is not sufficient, the executive director shall inform the port governing body of the determination and the reasons for the determination.
s 13629. Informal Commission Review.
A port governing body shall be entitled to one preliminary plan review prior to formal submittal. The procedures for conducting the informal review shall be the same as those set forth in Section 13218, governing the informal review of urban exclusion requests. Such review should be consolidated with any commission review of an Impact Report as provided in Section 13645(c).
s 13630. Public Hearings.
At least one public hearing shall be held by the commission after providing notice as provided in Section 13063 on any port master plan submitted pursuant to Public Resources Code, Section 30714 prior to taking final action. No public hearing shall be held prior to the 21st day after submission of the plan. Where practicable, public hearings on a port master plan should be held near the port involved.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
s 13631. Staff Reports.
Prior to the public hearing provided in Section 13630, the executive director shall provide a summary of the port master plan and the issues presented by such plan to the commission and parties that the executive director has reason to know are interested in the plan. Such report may also contain an initial recommendation as to whether the master plan should be certified in whole or in part or rejected in whole or in part in its form as submitted.
s 13632. Certification of Port Master Plan.
(a) After the close of the public hearing, the executive director shall make a written recommendation to the commission as soon as practicable as to whether the port master plan should be certified in whole or in part or rejected in whole or in part. Such recommendation shall be provided to parties that the executive director has reason to know are interested in the matter prior to the vote by the commission in the same manner as provided in Section 13059.
(b) The recommendation of the executive director shall be written and shall contain proposed findings of fact and conclusions of law to support the recommendation.
(c) The commission shall, by a majority of the members of theCommission present, take action on the port master plan within ninety days of submission pursuant to Public Resources Code, Section 30714. (continued)