Cal. Code Regs. tit. 14 § 13540

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 13540 - Findings for Certification

Certification of the land use plan or LRDP by the Commission shall be based on specific written findings adopted by majority vote of members prevailing on the motion that the proposed land use plan or LRDP is in conformity with the provisions of the California Coastal Act of 1976, including specific factual findings supporting the following legal conclusions:

(a) the land use plan or LRDP meets the requirements of, and is in conformity with Chapter 3 of the California Coastal Act of 1976;

(b) the land use plan or LRDP contains the specific public access component as required by Public Resources Code Section 30500(a);

(c) the land use plan or LRDP is consistent with any applicable decisions of the Commission that shall guide Commission or local government actions pursuant to Public Resources Code Section 30625(c); and

(d) for LRDPs, approval of the LRDP is consistent with the Commission's responsibilities under the California Environmental Quality Act and any regulations issued pursuant thereto.

(e) the land use plan is in conformance with the policies and requirements of Chapter 3 only to the extent necessary to achieve the basic state goals specified in Public Resources Code Section 30001.5; and

(f) for land use plans, the land use plan meets the requirements of Section 21080.5(d)(2)(i) of the Public Resources Code, which requires that an activity will not be approved or adopted as proposed if there are feasible alternative or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Any final action taken by the Commission either certifying or denying certification to a land use plan or LRDP must include written responses to significant environmental points raised during the evaluation of the land use plan.

Within ten (10) working days after Commission action on the land use plan or LRDP, the executive director of the Commission shall transmit a copy of the findings to the local government or governing authority.

Cal. Code Regs. Tit. 14, § 13540

Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 30200 and 30512.2, Public Resources Code.