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 12 - Commission Action on Implementation Actions of LCPs › Section 13542 - Commission Review and Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Commission review of LCP implementing
					 actions shall take place in accordance with the provisions of Articles 9-11,
					 except for Sections
					 13528,
					 13529,
					 13530, and
					 13537.
(b) The Commission shall take action by a
					 majority vote of those present within sixty (60) days of submittal of the
					 zoning ordinances, zoning district maps, and other implementing actions as
					 provided in Public Resources Code Section
					 30513.
					 Where no modifications are proposed, the motion is on the affirmative question
					 of whether the ordinance(s), map(s), or other actions do not conform with or
					 are inadequate to carry out the provisions of the certified land use plan.
					 Where modifications are proposed the final motions shall be on (1) the
					 affirmative question of whether zoning actions, as submitted, should be
					 rejected and (2) the affirmative question of whether the zoning actions with
					 modifications as proposed in the staff recommendation should be certified. Any
					 vote on the addition or deletion of modifications including the specific terms
					 or wording of a modification may be carried by a majority of the commissioners
					 present. Any suggested modifications adopted by the Commission shall be
					 specific and susceptible to objective review and verification by the executive
					 director of the Commission, by the local government and by any interested
					 person or public agency. The Commission's certification with suggested
					 modifications shall expire on January 1, 1983 or six months from the date of
					 the Commission's action, whichever is longer.
(c) The standard of review of the
					 implementing actions shall be the land use plan as certified by the Commission.
					 If the land use plan is conditionally certified subject to local government
					 acceptance of the suggested modifications, the standard of review shall be the
					 conditionally certified land use plan. However, if the local government elects
					 to revise and resubmit the land use plan in a manner different from that set
					 forth in the suggested modifications of the conditioned certification, the
					 Commission's approval of the implementing actions shall be void. Absent either
					 a certified or conditionally certified land use plan, the Commission may take
					 no action on the implementing actions. However, the Commission may discuss the
					 implementing actions and upon conclusion of the comments by the Commission
					 return the submittal to the local government.
(d) Any final action taken by the Commission
					 either approving or rejecting the LCP implementation actions must include
					 written responses to significant environmental points raised during Commission
					 review.
(e) Categorical exclusions
					 (reviewed by the Commission upon or after certification of the LCP) shall be
					 adopted by the Commission for those categories of development which the
					 Commission certifies as being allowed by right in the local jurisdiction, which
					 have specific development standards (as specified in the LCP) which are handled
					 ministerially by the local government and which comply with Public Resources
					 Code Sections
					 30610(e)
					 and
					 30610.5.
(f) Any action of the Commission to certify
					 or to refuse certification of any zoning ordinance, zoning district map or
					 other implementing action as submitted by the local government shall be final
					 on the day of the Commission vote, notwithstanding a subsequent action of the
					 Commission to adopt findings in support of its decision. Any action of the
					 Commission to certify any zoning ordinance, zoning district map or other
					 implementing ordinance subject to suggested modifications shall be final on the
					 day of the executive director's report of the local government's acceptance of
					 the suggested modifications pursuant to Section
					 13544.
1.
						Amendment of subsection (f) 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
						  30501,
						  Public Resources Code. Reference: Sections
						  30513,
						  30610
						  and
						  21080.5,
						  Public Resources Code.