reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13566 - Public Hearing on Appealable Developments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. The local government may
						waive the public hearing requirement where authorized pursuant to Public
						Resources Code section
						30624.9.
1.
						Amendment of section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to
						Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Sections
						  30333
						  and
						  30620,
						  Public Resources Code. Reference: Sections
						  30006,
						  30600
						  and
						  30624.9,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13567 - Notice of Local Government Action when Hearing Continued

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13568 - Notice of Non-Appealable Developments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13570 - Finality of Local Government Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13571 - Final Local Government Action-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 the Permit Streamlining Act (Government Code, Section
					 65920 et
					 seq.), an applicant claiming a right to proceed with development 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 that is claimed to be approved.
(2) Notification by Local Government: When a
					 local government or a court determines that an application has been approved by
					 operation of law, the local government shall, within seven (7) calendar days of
					 such determination, notify the Commission and 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,
					 Section
					 65956(b)
					 and the application may be appealed to the Commission pursuant to Section
					 13110 et seq.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13572 - Local Government Action-Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13573 - Exhaustion of Local Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appellant shall be deemed to have
					 exhausted local appeals for purposes of Section
					 13111 and shall be qualified as an
					 aggrieved person as defined by Public Resources Code Section
					 30801
					 where the appellant has pursued his or her appeal to the local appellate body
					 or bodies as required by the local government LCP 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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 17 - Local Coastal Program Implementation Regulations › Section 13574 - Procedures for Open Space Easements and Public Access Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 1 - Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs) › Article 18 - Map Requirement and Boundary Determination Criteria › Section 13577 - Criteria for Permit and Appeal Jurisdiction Boundary Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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, 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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 1 - Scope and Jurisdiction › Section 13600 - Ports Covered by this Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. New
						Chapter 8 (Subchapter 2, Sections
						13600-13648, not consecutive)
						filed 2-28-77 as an emergency; effective upon filing (Register 77, No.
						10).
2. Certificate of Compliance filed 4-29-77 (Register 77, No.
						18).
3. Redesignation of Subchapter 2 (Sections
						13600-13648) to Subchapter 6
						(Sections 13600-13648) filed 6-21-78;
						effective thirtieth day thereafter (Register 78, No. 25).
4. Change
						without regulatory effect renumbering subchapter 6 as subchapter 2 and amending
						NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30700,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 1 - Scope and Jurisdiction › Section 13601 - Port Boundary Maps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 2 - Delineation of an Area as a Wetland, Estuary, or Existing Recreation Area › Section 13610 - Effect of Delineation as a Wetland, Estuary, or Existing Recreation Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. Change
						without regulatory effect adding NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30710
						  and
						  30711,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 3 - Coastal Development Permits Prior to Certification › Section 13620 - Pre-Certification Coastal Development Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30715,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13625 - Contents of a Master Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 this 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.
1. Change
						without regulatory effect adding NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30711,
						  30712,
						  30714,
						  30715
						  and
						  30716,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13626 - Notice of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After completion of a draft Master Plan or an amendment
						of a Master Plan, the Port governing body shall issue a notice of completion
						that 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.
						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.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
2. Change without regulatory effect amending section filed
						2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30712,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13627 - Notice and Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After publication and submission of the notice of
						completion pursuant to Public Resources Code, Section
						30712,
						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.
						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 post complete copies of such plans to its website.
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
						13645. Public hearings required
						pursuant to Public Resources Code, Section
						30712
						may be combined with any applicable hearings on draft Environmental Impact
						Reports held pursuant to the California Environmental Quality
						Act.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
2. Amendment of section and NOTE filed 7-30-2019; operative
						1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30712,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13628 - Submission of Master Plan by Port

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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) An Environmental Impact
					 Report or other document that contains the responses to public comments made
					 during the period for public comment as provided in the California
					 Environmental Quality Act.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13629 - Informal Commission Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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).
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13630 - Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Where practicable, public hearings on a port
						master plan should be held near the port involved.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
2. Amendment filed 7-30-2019; operative 1-1-2020 pursuant to
						Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30714,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13631 - Staff Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to the public hearing provided in Section
						13630, the executive director
						shall post a summary of the port master plan and the issues presented by such
						plan to the commission's website. 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.
1.
						Amendment of section and new NOTE filed 7-30-2019; operative 1-1-2020 pursuant
						to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30714,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13632 - Certification of Port Master Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least ten days before public hearing,
					 the executive director shall make a written recommendation to the commission as
					 to whether the port master plan should be certified in whole or in part or
					 rejected in whole or in part. Such recommendation shall be provided to parties
					 that the executive director has reason to know are interested in the matter
					 prior to the vote by the commission in the same manner as provided in Section
					 13059.
(b) The recommendation of the executive
					 director shall be written and shall contain proposed findings of fact and
					 conclusions of law to support the recommendation.
(c) The commission shall, by a majority of
					 the members of the Commission present, take action on the port master plan
					 within ninety days of submission pursuant to Public Resources Code, Section
					 30714.
(d) The commission shall approve a port
					 master plan only if the commission finds that sufficient information has been
					 submitted to allow the commission to determine the adequacy and conformity of
					 the proposed plan(s) with the applicable policies of the California Coastal Act
					 of 1976, pursuant to the requirements of Public Resources Code, Section
					 30711
					 and of Section
					 13625 of these regulations, and
					 that the master plan fulfills the requirements of Public Resources Code,
					 Section
					 30714(a) and
					 (b). Further, the commission shall make any
					 findings required pursuant to the California Environmental Quality Act. Where a
					 port master plan includes a wetland, estuary or existing recreation area
					 pursuant to Section
					 13610(b)(1), the
					 commission shall base its findings on adequacy and conformity with the policies
					 of Chapter 3 of the California Coastal Act of 1976.
(e) The certification of a port master plan
					 shall not become effective until the port governing body takes formal action
					 adopting such plan as certified by the commission and the commission has
					 received notice of such action, including the final CEQA document adopted for
					 such action and the executive director has accepted the formal action as
					 consistent with its certification. The executive director shall report the
					 governing body's adoption of the plan to the commission at the next regularly
					 scheduled meeting.
1.
						Amendment of subsections (a) and (c) filed 3-12-82; effective thirtieth day
						thereafter (Register 82, No. 11).
2. Amendment of subsections (a)
						and (e) filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30714,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13633 - Withdrawal of Master Plan or Postponement of Action on Master Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time
					 before the chair commences the 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.
1.
						Amendment filed 6-16-82; effective thirtieth day thereafter (Register 82, No.
						25).
2. Amendment of subsection (a) filed 7-30-2019; operative
						1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30714,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13634 - Amendment of Port Master Plan Prior to Commission Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 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.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
2. Amendment filed 6-16-82; effective thirtieth day thereafter
						(Register 82, No. 25).
3. Amendment of first paragraph filed
						7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30716,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13635 - Effect of Rejection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. Change
						without regulatory effect adding NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30714,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13636 - Amendments to Master Plan After Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30716,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 4 - Preparation and Review of Port Master Plans › Section 13637 - Minor Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1. New
						NOTE filed 11-27-2019; operative 1-1-2020 (Register 2019, No.
						48).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30716,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 5 - Notification and Appeals After Certification › Section 13640 - Notification of Appealable Developments After Certification of Master Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1.
						Amendment filed 3-12-82; effective thirtieth day thereafter (Register 82, No.
						11).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30715,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 8 - Implementation Plans › Subchapter 2 - Ports › Article 5 - Notification and Appeals After Certification › Section 13641 - Appeals After Certification of Master Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
1.
						Amendment of subsection (c) filed 6-16-82; effective thirtieth day thereafter
						(Register 82, No. 25).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30715,
						  Public Resources Code.