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(continued) Commission present, take action on the port master plan within ninety days of submission pursuant to Public Resources Code, Section 30714.
(d) The commission shall approve a port master plan only if the commission finds that sufficient information has been submitted to allow the commission to determine the adequacy and conformity of the proposed plan(s) with the applicable policies of the California Coastal Act of 1976, pursuant to the requirements of Public Resources Code, Section 30711 and of Section 13625 of these regulations, and that the master plan fulfills the requirements of Public Resources Code, Section 30714(a) and (b). Further, the commission shall make any findings required pursuant to the California Environmental Quality Act. Where a port master plan includes a wetland, estuary or existing recreation area pursuant to Section 13610(b)(1), the commission shall base its findings on adequacy and conformity with the policies of Chapter 3 of the California Coastal Act of 1976.
(e) The certification of a port master plan shall not become effective until the port governing body takes formal action adopting such plan as certified by the commission and the commission has received notice of such action, including the final EIR adopted for such action and the commission has accepted the formal action as consistent with its certification.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
s 13633. Withdrawal of Master Plan or Postponement of Action on Master Plan.
(a) At any time before the Commission commences calling the roll for a vote on a port master plan, the port governing body may withdraw the plan from consideration. Withdrawal must be in writing or stated on the record and does not require Commission concurrence. Resubmission of the port master plan pursuant to Public Resources Code Section 30714 shall not take place for 45 days following the request to withdraw.
(b) In addition to the procedures set forth in Section 13633(a), the port governing body may request the Commission to postpone consideration of the plan. Where the port governing body determines that it is not prepared to respond to the staff recommendation at the meeting for which the vote is scheduled, the port governing body shall have one right, pursuant to this section, to postpone the vote to a subsequent meeting. Such a request shall be in writing or stated on the record and shall expressly include a waiver of any applicable time limits for Commission action on the plan.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30714, Public Resources Code.
s 13634. Amendment of Port Master Plan Prior to Commission Action.
If the governing body of a port amends its master plan after submission of its plan pursuant to Public Resources Code Section 30714 and prior to the commencement of the calling of the roll for a vote on any portion of the master plan, the executive director shall determine if such amendment is material and includes changes that have not been the subject of public review and comment before the Commission. If the executive director finds that both of these factors exist, the amendment shall not be considered by the Commission unless a new public hearing is scheduled with a view toward allowing full public participation and attendance at the hearing on the amendment as required by Section 30712. The port governing body shall waive the 90-day time period of Public Resources Code Section 30714 in writing or on the record to permit adequate time for Commission consideration of the amendment and public comments on the amendment. If the executive director finds the amendment is not material or has been the subject of adequate public comment at the public hearing, the Commission, unless it disagrees with the findings of the executive director, shall consider and take action on the amendment rather than the master plan as initially submitted.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code.
s 13635. Effect of Rejection.
If the commission rejects the submitted master plan in whole or in part, it shall make findings on all portions of the plan deemed insufficient. Those portions that are rejected shall not be resubmitted to the commission pursuant to Public Resources Code, Section 30714 for 90 days following such rejection unless the executive director finds that there is a substantial change in the portion of the master plan that was rejected.
s 13636. Amendments to Master Plan After Certification.
An amendment to the port master plan by the governing body of the port shall not become effective until the commission has certified it in the manner provided in Public Resources Code, Section 30714 for certification of master plans, or after the 10 working day following the date that the executive director has certified such amendment as being minor in nature as provided in Section 13637 of these regulations.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30716, Public Resources Code.
s 13637. Minor Amendments.
(a) The governing body of a port may request the executive director of the commission to designate an amendment to the port master plan as being minor in nature pursuant to Public Resources Code, Section 30716(b). Any such amendment shall be submitted to the executive director and shall be accompanied by the same information supporting such amendment as would be required for any other amendment. Notice of such amendment shall be given to all persons who the executive director has reason to know may be interested. No sooner than 15 working days from the date that such notice was transmitted, the executive director shall make a determination as to whether to designate such amendment as minor in nature. Any such determination shall be in writing with findings supporting the determination and the conformance of the amendment with the provisions of this division. The determination shall be transmitted to those receiving notice. No amendment shall be designated minor in nature if it involves significant filling, dredging or diking or a type of use not specifically provided for in the certified master plan or if in the opinion of the executive director the proposed amendment would not be consistent with the provisions of this division, would materially alter any significant condition or situation that formed a basis for certification of the port master plan, would result in any substantial adverse environmental effect, or would have a reasonable risk of producing such a result. An amendment designated as being minor in nature shall not become effective for 10 working days following the designation by the executive director.
(b) Any determination pursuant to subsection (a) shall be reported to the commission at its next regularly scheduled meeting by the executive director.
s 13640. Notification of Appealable Developments After Certification of Master Plan.
After certification of a port master plan, the governing body of the port shall notify the Commission on a form approved by the executive director of the Commission of any appealable development proposed within its jurisdiction during the planning and design phase of the development or as soon as the governing body becomes aware of such proposed development, if the governing body of the port is not involved in the planning or design of such development. Such notice shall include a description of the purpose and design of the development to the extent that is known, and the estimated time when the development will be acted upon by the port governing body.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
s 13641. Appeals After Certification of Master Plan.
(a) Upon approval of any appealable development by the port governing body, the port governing body shall notify the Commission, and other interested persons, organizations and governmental agencies of the approval, on a form made available by the executive director of the Commission. Such notification shall include a description of the proposed development, its location, and shall indicate how it is consistent with the certified port master plan and the California Coastal Act of 1976.
(b) The approval of any appealable development by the governing body of the port shall become effective after the 10th working day following receipt of notice by the Commission unless an appeal is filed with the Commission within that time. Any permit issued for an appealable development shall contain a written statement to this effect.
(c) Appeals shall be filed and processed by the Commission in the same manner as appeals from local government actions as set forth in Chapter 7 of the California Coastal Act and Chapter 5 of these regulations. The filing of an appeal shall suspend the effectiveness of the port governing body's approval until the commission takes final action on the appeal. No appealable development shall be commenced until final approval by the commission becomes effective.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
s 13645. Review and Comments on Environmental Documents.
(a) The port governing body shall submit any initial studies, draft Environmental Impact Report, draft Negative Declaration, or draft Environmental Impact Statement concerning the port master plan or, after certification of the port master plan, concerning any development which may be appealed to the Commission pursuant to Public Resources Code Section 30715, to the executive director of the Commission as soon as practicable after such are prepared. For purposes of this subchapter the proposed port master plan and appropriate environmental documents may be submitted as a single combined document, when such document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976.
(b) The executive director shall:
(1) Review any Initial Environmental Study sent to him or her for consultation purposes, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body; and
(2) Review any draft environmental documents, received either through the State Clearinghouse review process or through other review procedures, determine what comments should be made on behalf of the commission, and forward such comments to the port governing body and the State Clearinghouse.
(c) The commission, in its discretion, may hold a public hearing on any environmental document submitted and direct the staff to make whatever comments, or to obtain whatever additional information, the commission deems appropriate.
s 13646. Submission of Final Environmental Impact Reports or Negative Declaration.
(a) After the port governing body has certified a Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration, it shall submit such to the commission together with the adopted port master plan. For purposes of this section and to avoid unnecessary duplication, the Environmental Impact Report and Port Master Plan may be submitted as a single document, when such single document meets the substantive and procedural requirements of both the California Environmental Quality Act and the California Coastal Act of 1976.
(b) In the case of an appealable development, the port governing body shall submit the certified Final Environmental Impact Report, Environmental Impact Statement, or Negative Declaration with the notice required by Section 13641.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30715, Public Resources Code.
s 13647. Notification of Non-Appealable Developments After Certification.
For developments approved by the commission in a certified master plan, but not appealable, the port governing body shall forward any draft environmental impact report(s) and negative declaration(s) prepared pursuant to the California Environmental Quality Act of 1970 or any draft environmental impact statement(s) prepared pursuant to the National Environmental Policy Act of 1969 to the commission in a timely manner to ensure sufficient time for the commission to comment on such developments prior to approval by the port governing body.
s 13648. Effects of Comments.
Comments on environmental documents submitted by the commission or the executive director are intended to aid the port governing body in preparing adequate environmental documents. They do not indicate what action the commission may take with regard to certification of the port master plan or appealable development when submitted to the commission for review, nor do they preclude the commission from requiring additional environmental information in the course of any review process or from taking any action with respect to any development authorized by the California Coastal Act of 1976.
s 13650. Scope.
The provisions of this article are adopted pursuant to the requirements and under the authority of Public Resources Code, Section 30338. The provisions of this Article apply only to permit applications for sewage treatment works for which request for state and/or federal funding has been made to the State Water Resources Control Board.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13651. Staff Involvement.
Staff of the Commission shall, to the extent staff resources are available, participate in any pre-project meeting or draft facilities plan meeting conducted in conjunction with a project requesting funding.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13652. Completeness of Application.
A permit application for such sewage treatment works shall be deemed to be complete only when the application is accompanied by a final Facilities Plan as defined by regulations of the State Water Resources Control Board, including a final Environmental Assessment, final Environmental Impact Report, or adopted Negative Declaration, as appropriate. For purposes of this section, the Facilities Plan shall not be deemed to be final unless the staff of the State Water Resources Control Board advises the Commission in writing that the documents are in final form and unless the final Facilities Plan includes sufficient information to allow an assessment of the financial impact of the funding of such treatment works on all properties in the affected service district(s) located within the coastal zone. Any addendum to or material modification of the final Facilities Plan shall extend the Commission review period an additional thirty (30) days.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13653. Filing and Hearing Procedures.
The procedures governing the filing and public hearing procedures shall be the same as those set forth in Sections 13053.5-13096 except as specifically modified in this Article.
s 13654. Filing of Preliminary Application; Waiver of Preliminary Approval Requirements.
A preliminary application for such sewage treatment works will be accepted for filing without meeting the preliminary approval requirements of Section 13052 if the following conditions are met:
(1) the application is accompanied by a draft Facilities Plan, including a draft Environmental Assessment, draft Environmental Impact Report, or proposed Negative Declaration;
(2) the applicant agrees to notify the Commission in writing of any proposed adoption of a Negative Declaration for such sewage treatment works at least thirty (30) days prior to adoption of such Negative Declaration;
(3) the applicant agrees to waive any otherwise applicable deadline for the public hearing and vote on the application until sixty (60) days after the filing of a complete application pursuant to Section 13652.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13655. Initial Public Hearing.
Within 49 days of the filing of the preliminary application submitted pursuant to Section 13654, the Commission shall hold a public hearing on the preliminary application. The Commission shall not close the hearing but shall keep the hearing open until the vote pursuant to Section 13657.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13656. Comments on Draft Environmental Impact Report.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13657. Commission Vote on the Permit Application.
Within sixty (60) days of the filing a complete application pursuant to Section 13652, the Commission shall conclude the public hearing on the application and shall vote in the same manner set forth in Section 13073-13096.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13658. Appeal to the Commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30338, Public Resources Code.
s 13660. Definitions.
(a) The term "applicant" means any individual, corporation, partnership, association, or other entity organized or existing under the laws of any State, the Federal government, any State, regional or local government, or any entity of such Federal, State, regional or local government, who submits to the Area Supervisor (or other designee of the Secretary of Interior) after August 31, 1978, an OCS plan.
(b) The term "OCS plan" means any plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act, as Amended, (43 U.S.C. #S 1331 et. seq.), and the regulations under that Act, which describes in detail activities requiring a Federal license or permit .
(c) The term "Area Supervisor" means the Pacific Area Oil and Gas Supervisor, Minerals Management Service formerly the United States Geological Survey, Department of the Interior.
(d) The term "Assistant Administrator" means the Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce.
(e) The term "Executive Director" means the Executive Director of the California Coastal Commission.
(f) The term "California Coastal Management Program" (CCMP) means the program approved by the Department of Commerce pursuant to the Coastal Zone Management Act (16 USC Section 1451 et seq.).
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR Part 930 et. seq. as adopted June 25, 1979, 44 FR 37143.
s 13660.1. Preliminary Consultation.
(a) As soon as possible, but at least 10 days prior to submission to the Area Supervisor of any plan for the exploration of areas leased under the Outer Continental Shelf Lands Act (43 USC 1331 et seq.), and at least 30 days prior to submission of plans for the development or production of areas leased under that Act, any applicant wishing to undertake such activities in areas adjacent to California waters shall consult with the Executive Director at the state office concerning all the activities required to be described in detail in the OCS plan affecting the land or water uses in the coastal zone.
This shall include, at minimum, activities requiring the following federal approvals:
MMS -Department of the Interior
Approval of offshore drilling operations
Approval of design plans for the installation of platforms
Approval of gathering and flow lines
The following OCS related Federal license or permit activities are encouraged to be included, if they will be required in connection with the OCS activity.
Department of Defense -U. S. Army Corps of Engineers
Permits and licenses required under Sections 9 and 10 of the Rivers Harbors Act of 1899
Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments
Permits for artificial islands and fixed structures located on the Outer Continental Shelf (Rivers and Harbors Act of 1899 as extended by 43 U.S.C. 1333(f))
Department of Interior -Bureau of Land Management -MSS
Permits and licenses required for drilling and mining on public lands (BLM)
Permits for pipeline rights-of-way on the Outer Continental Shelf
Permits and licenses for rights-of-way on public lands
Environmental Protection Agency
Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments
Permits and applications for reclassification of land areas under regulations for the prevention of significant deterioration (PSD) of air quality
Department of Transportation -U.S. Coast Guard
Permits for construction of bridges under 33 USC 401, 491-507 and 525-534
Permits for deepwater ports under the Deepwater Port Act (P.L.93-627)
Federal Energy Regulatory Commission
Certifications required for interstate gas pipelines
Permits or licenses for construction and operation of facilities needed to import, export or transship natural gas or electrical energy
Any other OCS related Federal license or permit activities which are not listed above are also encouraged to be included, if they will be required in connection with the OCS activity.
(b) The Executive Director shall provide the applicant with a copy of the California Coastal Zone Management Plan ( "CCMP") upon request.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC Section 1456(c); and 15 CFR 930.64, 930.75, 930.77 and 930.82.
s 13660.2. Review of Environmental Report for Sufficiency of Information.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008(c), Public Resources Code.
s 13660.3. Submission of Consistency Certification.
(a) The applicant shall submit to the Area Supervisor who in turn shall submit to the Executive Director: the OCS plan, with accompanying consistency certification and supporting information for all activities required to be described in detail in the plan and identified in Section 13360.1(a) of these regulations, and the environmental report as soon as it is deemed submitted to the Area Supervisor pursuant to 30 CFR 250.34-1(b)(1) for exploration plans or 30 CFR 250.34-2(b)(1) for development and production plans.
(b) The consistency certification shall be in the following form:
The proposed activities described in detail in this plan comply with California's approved coastal management program and will be conducted in a manner consistent with such program.
(c) The applicant shall also include the following supporting information:
(1) a brief assessment relating the probable coastal zone effects of each of the enumerated activities and their associated facilities to the relevant elements of the program policies of the CCMP; and
(2) a brief set of findings derived from the assessment indicating that each of the enumerated activities (e.g. drilling, platform placement) and its associated facilities (e.g. onshore support structures, offshore pipelines), and its primary effects (e.g. air, water, waste discharges, erosion, wetlands, beach access impacts) are consistent with the mandatory provisions of the CCMP.
(d) Upon request of the applicant, the California Coastal Commission staff will provide assistance in preparing the assessment and findings required in Section 13660.3(c)(1) and (2) of these regulations.
(e) The Executive Director may request in writing additional data and information from the applicant if he deems it necessary for a complete and proper review. Such a request shall not extend the date for commencement of Coastal Commission review; however, failure to submit the requested information could result in an objection to the applicant's consistency certification [See Section 13660.8(b)(4)]. The applicant shall comply with such request within 10 days of its receipt or shall indicate within 10 days reasons why the request cannot be complied with.
(f) When the OCS Plan submitted to the Executive Director by the Area Supervisor has deleted confidential and proprietary information, the places where such information has been deleted and the general subject matter of the information shall be identified. Where the Executive Director determines that such confidential and proprietary information is necessary to adequately assess the coastal zone effects of the activities described in the OCS plan and therefore to make a reasoned decision on the consistency of such activities, such information shall be provided after the Executive Director has provided adequate assurance of confidentiality in accordance with the applicable implementing federal regulations (15 CFR Section 930.77 and 30 CFR Part 252). The procedures specified in Section 13660.3(e) apply to the Executive Director's request for confidential and proprietary information.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR Sections 930.58 and 930.77; and 30 CFR Part 252.
s 13660.4. Staff Summary, Recommendation, and Hearing Notice.
After receipt of the OCS plan, environmental report, consistency certification and the accompanying findings and assessments and any other information which the Executive Director deems necessary, the Executive Director shall:
(a) Prepare a staff summary and recommendation of the applicants' findings and assessments and send it to the applicant, the Assistant Administrator, the Area Supervisor, and other relevant Federal agencies, local governments, state agencies, and other interested parties. If the vote on the certification is scheduled for a later meeting than the oral hearing, the Executive Director shall prepare a separate staff recommendation according to the requirements of Chapter 5, Article 12 (T. 14 Cal. Adm. Code).
(b) Schedule a Commission public hearing on the applicant's consistency certification, findings and assessments and the staff summary, and recommendation, giving appropriate notice to all interested parties, (as listed in Section 13660.4(a) above), with particular emphasis on informing citizens of the coastal area which will be affected pursuant to the permit regulations in Chapter 5 (T. 14 Cal. Adm. Code) unless specifically changed herein. The Director shall endeavor, where possible, to schedule the public hearing in the affected region. The notice shall announce the availability for inspection of the applicant's consistency certificate and findings. The state and regional agencies responsible for air and water quality compliance shall be notified and provided the opportunity to pres ent their agencies' positions before the Commission hearing. Such hearing shall be set for a regular Coastal Commission meeting not later than the 49th day after receipt of the documents required by Section 13660.3. The Executive Director may, at his discretion, extend for an additional 30 days the 49-day time period for a hearing. All public hearings shall be scheduled with a view toward allowing widespread public distribution of the information contained in the staff's summary and recommendation and toward allowing maximum public participation and attendance at the hearing particularly for the citizens of the affected area, while affording the applicant expeditious consideration of consistency certifications.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a).
s 13660.5. Contents of Summary and Recommendation.
The summary shall: (1) list the major activities listed in the OCS plan, for which a consistency certification has been required, (2) discuss the effect of these activities and their associated facilities, on land or water uses in the coastal zone, (3) discuss the consistency of such activities and related effects with the mandatory provisions of the CCMP.
The summary shall also specifically list all other Federal permits for which consistency findings have not been enclosed and for which future consistency certification will be required under Section 13660.11 of these regulations.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30008 and 30621, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.61(a), 930.63, 930.79 and 930.84(a).
s 13660.6. Conduct of Hearings on Staff Recommendations on a Consistency Certification.
The Commission shall conduct de novo hearings on consistency certifications substantially in accordance with the applicable procedures for permit hearings set forth in Chapter 5 (T. 14 Cal. Adm. Code) of these regulations.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.79.
s 13660.7. Consent Calendar Procedures.
Consistency certifications at the discretion of the Executive Director may be included as a consent calendar item pursuant to Chapter 5, Article 15 (T. 1 Cal. Adm. Code) of these regulations.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code.
s 13660.8. Final Commission Decision.
(a) The Commission shall issue a decision on whether the applicant's consistency certification complies with the CCMP; i.e., whether it "concurs" or "objects" to the applicant's consistency certification, at the earliest practicable time and in no event more than 6 months from the date of receipt of such consistency certification and required information from the USGS Area Supervisor (see Section 13660.3 of these regulations). If a Commission decision has not been reached within 3 months of such receipt, the Executive Director shall notify in writing the Assistant Administrator, the applicant, the USGS Area Supervisor, and the relevant Federal agencies of the status of review and the basis for further delay.
(b) A Commission decision which objects to an applicant's consistency certification for one or more of the activities described in detail in the OCS plan shall be accompanied by a statement indicating:
(1) the effect which the activity will have on coastal land or water uses in the coastal zone,
(2) how the activity is inconsistent with a mandatory provision of the CCMP,
(3) alternative measures or conditions (if they exist) which would make their proposed activity consistent with CCMP policies,
(4) if a decision to object is based upon grounds that the applicant has failed to provide information requested by the Executive Director, the type of information requested and the necessity of that information for a consistency certification must be described, and
(5) the applicant's right of appeal to the Secretary of Commerce on the grounds that the activity is consistent with the objectives or purposes of the Coastal Zone Management Act or is necessary in the interest of national security.
(c) The Commission shall notify the applicant, the Area Supervisor, the Assistant Administrator, and the relevant Federal agencies of its decision by sending a copy of its Final Decision to them.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.63, 930.64 and 930.79.
s 13660.9. Appeals Procedure.
Any applicant may file a notice of appeal of a Commission objection to a consistency certification within 30 days of receipt to the Secretary of Commerce according to the provisions of the Coastal Zone Management Act (16 USC Sec. 1451 et seq.) and the regulations contained in 15 CFR Par 930.120 et seq. The applicant shall send a copy of the notice of appeal and accompanying documents to the Executive Director. The Executive Director shall submit detailed comments to the Secretary of Commerce within 30 days of receipt of the appeal and transmit copies to the applicant, the Area Supervisor, and the relevant Federal agencies. Where the commission meeting schedule allows sufficient time for discussion prior to the 30 day period, these comments shall be the subject of Commission discussion with opportunity for public comment. This procedure shall also be followed if the Secretary of Commerce pursues an independent review of the consistency of an OCS activity.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.120-134.
s 13660.10. Required Amendments.
Any amendment to an OCS plan which must be submitted as a result of Commission objection to consistency of an OCS activity shall be processed as if such amendment were a new plan; i.e. Sections 13660.1-.13 of these regulations apply, except that the Commission must make its decision within 3 months of receipt.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.83, 930.84, 930.85 and 930.86.
s 13660.11. Multiple Permit Review.
(a) Applicants are strongly encouraged to include with OCS plans detailed descriptions, consistency certifications, findings and assessments and other supporting data for other OCS-related activities, which require a federal license or permit but are not required to be described in detail in OCS plans by the Secretary of the Interior (e.g., Corps of Engineer permits for the placement of structures on the OCS and for dredging and the transportation of dredged material, Environmental Protection Agency air and water quality permits for offshore operations and onshore support and processing facilities, or the other permits listed in Section 13660.1 of these regulations). Where consistency certifications and related findings and assessments are made for all required Federal permits connected with an OCS plan, the applicant shall so state and consolidated consistency review for these activities will take place at the same time and under the same procedures as review of activities required to be described in detail in OCS plans (Sections 13660.1-.13 of these regulations).
(b) If consistency certifications and related assessments and findings for all OCS related Federal permits are not included with an OCS plan and consistency certification, the applicant shall state which Federal permit activities have not been included. The final decision of the Commission shall state which Federal permit activities have not been included and therefore must be reviewed separately.
(c) The applicant and the Coastal Commission shall comply with Sections 13660- 13660.13 of these regulations in processing consistency certifications which have not been included with OCS plans, except that:
(1) As soon as possible, but at least 10 days prior to submission of an application for a Federal permit, the applicant shall consult with the Executive Director concerning OCS-related Federal license or permit activities.
(2) An environmental report as described by 30 CFR 250.34-3(a) and 3(b) need not be submitted, if one which covered the subject permit activity was previously submitted under Section 13660.3 of these regulations, or if the Executive Director is satisfied that the applicant has provided sufficient information concerning the environmental effects of the permit activity to adequately review the project as if it were a coastal permit under the CCMP.
(3) Wherever there is a requirement to notify the Area Supervisor, notification shall also be sent to the appropriate Federal permitting agency.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
s 13660.12. Associated Coastal Development Permits.
Where a facility associated with an OCS plan requires a coastal development permit application under the California Coastal Act (e.g. pipeline, marine terminal, onshore support and processing facilities, etc.), the applicant shall notify the Executive Director of the facility's relationship to the OCS plan at the time of submittal of the plan. Where a coastal permit application for such a facility precedes submittal of the OCS plan to the Commission, the applicant shall notify the Executive Director that the facility is associated with a forthcoming OCS plan. If the Executive Director determines that a consolidated review of the applicant's consistency certification and application for a coastal development permit is necessary for complete and proper consideration of the matter, he shall recommend such consideration in whatever manner necessary to comply with applicable time limitations.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.82.
s 13660.13. Monitoring of Federal Permits.
Copies of Federal license and permit applications for activities described in detail in an OCS plan, as well as for OCS-related activities, which have received Commission concurrence and which have been requested in the final Commission decision, shall be sent by the applicant to the Executive Director to allow the Commission to monitor the activities.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.86.
s 13666. Applicability.
These procedures are applicable to persons authorized to undertake a public works project or proposing energy facility development that requires LCP amendments provided that the development meets the following two requirements:
(1) unanticipated by the person proposing the development at the time the LCP was before the Commission for certification.
(2) meets the public needs of an area greater than that included in the certified LCP.
All other developments requiring an amendment to the certified LCP shall follow the LCP amendment procedures of the affected local government and the Commission.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
s 13666.1. Information Requirements for Preliminary Determination of Applicability.
A person desiring review according to this subchapter may first submit an LCP amendment application (following the requirements of the affected local government) to the Executive Director with sufficient information setting forth the reasons for the amendment with particular emphasis on the applicability requirements as specified in Section 13666, and how it conforms with the policies of Public Resources Code Section 30200 et seq. The Executive Director shall, within 30 days, review the Local Coastal Program file and the projected scope of this subchapter. A determination of the Executive Director is final and shall be forwarded to the affected local government and the person desiring review.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
s 13666.2. Submittal to Local Government.
(a) If the Executive Director has preliminarily determined that the development is subject to this subchapter, the application shall first be submitted to the affected local government for an LCP amendment according to applicable requirements. The local government shall make its determination based on factual findings and reasoning supporting the conclusions of law set forth in this subchapter. If the local government fails to amend the LCP within 90 days of submittal, the person submitting such an amendment may file a request for an amendment with the Commission.
(b) If the applicant has not requested a preliminary determination, or if the Executive Director has determined that the override provisions do not apply, the applicant may nevertheless request the Commission to consider the application through an appeal from a final local government decision. The appeal from the local government's decision shall follow local coastal program regulations and additionally include the information requirements of this subchapter in order to advise the Commission that in the applicant's opinion, the development is subject to Section 30515.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
s 13666.3. Commission Review.
Commission review shall be undertaken only after consultation with the affected local government and review shall be conducted according to the LCP regulations. A local government resolution is not required if the local government fails to act within 90 days as specified in 13666.2(a).
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
s 13666.4. Required Findings.
(a) If the recommendation is for Commission approval as proposed or modified (i.e., conditioned), the recommendation shall be accompanied by specific factual findings and reasoning which, after a careful balancing of social, economic, and environmental effects, supports the following conclusions:
(1) development meets a public need of a geographic area greater than that included within the certified LCP.
(2) development conforms with and is adequate to carry out the policies of Public Resources Code Section 30200 et seq.
(3) if significant adverse environmental impacts have been identified, reasonable alternatives have been examined, and mitigation measures have been included that substantially lessen any significant adverse environmental impact so that there is no feasible less environmentally damaging way to meet the public need. If the development will have no significant adverse environmental impact, findings shall be included which support that conclusion.
(4) disapproval would adversely affect the public welfare as identified in the findings, declarations, and general provisions ofthe Coastal Act (Public Resources Code Section 30000 et seq.) and the California Coastal Management Program, if applicable.
(b) If the recommendation is for Commission denial, the recommendation shall state specifically the grounds for denial, based upon the findings and relevant facts which after a careful balancing of social economic and environmental effects support the conclusions listed in Section 13666.4.
Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30515, Public Resources Code.
1. New Division 5.6 (Chapters 1-3, Sections 13701-13725, not consecutive) filed 9-29-77 as an emergency; effective upon filing (Register 77, No. 40).
1. New Division 5.6 (Chapters 1-3, Sections 13701-13725, not consecutive) filed 2-27-78 as an emergency; effective upon filing (Register 78, No. 9).
3. Certificate of Compliance as to filing of 2-27-78 filed 4-17-78 (Register 78, No. 16).
4. Repealer of Article 1 (Sections 13701-13704)filed 11-3-82 by OAL pursuant to Government Code Section 11349.7(j)(Register 82, No. 45).