Section 13337 - Substantial Issue Determination(a) At the next-practicable meeting following the filing of an appeal with the commission or as soon thereafter as practical, the executive director shall make a recommendation to the commission as to whether the local government action raises a substantial issue within the meaning of Public Resources Code Section 30600.5(d).(b) Unless the commission finds that the appeal raises no substantial issue as to conformity with the certified land use plan, it shall consider the application de novo in accordance with the procedures set forth in Sections 13057-13096; except that the commission findings and final staff recommendation shall include a statement of facts and legal conclusions as to whether the proposed development conforms to the local government's certified land use plan.(c) When determining whether the appeal raises a substantial issue, the Commission may consider factors that may include but are not limited to:(1) the degree of factual and legal support for the local government's decision;(2) the extent and scope of the development as approved or denied by the local government;(3) the significance of the coastal resources affected by the decision;(4) the precedential value of the local government's decision for future interpretations of its LCP; and(5) whether the appeal raises only local issues as opposed to those of regional or statewide significance. The Commission may, but need not, assign a particular weight to a factor.
(d) The commission may ask questions of the applicant, the appellant, any person who participated in the local government action, the Attorney General or the executive director prior to determining whether or not to hear an appeal. A majority vote of the members of the commission present shall be required to determine not to hear an appeal.Cal. Code Regs. Tit. 14, § 13337
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: Section 30333, Public Resources Code. Reference: Section 30600.5, Public Resources Code; and Hines v. California Coastal Commission (2010) 186 Cal.App.4th 830.
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).