Cal. Code Regs. tit. 14 § 13096

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 13096 - Commission Findings

(a) All decisions of the commission relating to permit applications shall be accompanied by written conclusions about the consistency of the application with Public Resources Code section 30604 and Public Resources Code section 21000 and following, and findings of fact and reasoning supporting the decision. The findings shall include all elements identified in section 13057(a).

(b) Unless otherwise specified at the time of the vote, an action taken consistent with the staff recommendation shall be deemed to have been taken on the basis of, and to have adopted, the reasons, findings and conclusions set forth in the staff report as modified by staff at the hearing.

If the commission action is substantially different than that recommended in the staff report, the prevailing commissioners shall state the basis for their action in sufficient detail to allow staff to prepare a revised staff report with proposed revised findings that reflect the action of the commission. Such report shall contain the names of commissioners entitled to vote pursuant to Public Resources Code section 30315.1.

(c) The commission vote taken on proposed revised findings pursuant to Public Resources Code section 30315.1 shall occur after a public hearing. Notice of such hearing shall be distributed to the persons and in the manner provided for in section 13063. The public hearing shall solely address whether the proposed revised findings reflect the action of the commission.

Cal. Code Regs. Tit. 14, § 13096

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
5. Amendment of subsection (a), repealer of subsections (b) and (c) and relettering and amendment of subsection (d) to subsection (b) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
7. Amendment of section and NOTE filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
8. Amendment of subsection (a) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 21080.5, 30006, 30315.1, 30333, 30604 and 30621, Public Resources Code.

1. Amendment filed 6-10-77; effective thirtieth day thereafter(Register 77, No. 24).
2. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
3. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
4. Amendment of NOTE filed 7-24-80; effective thirtieth day thereafter (Register 80, No. 30).
5. Amendment of subsection (a), repealer of subsections (b) and (c) and relettering and amendment of subsection (d) to subsection (b) filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
6. Amendment filed 8-2-89; operative 9-1-89 (Register 89, No. 32).
7. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
8. Amendment of subsection (a) filed 11-27-2019; operative 1/1/2020 (Register 2019, No. 48).