Cal. Code Regs. tit. 14 § 13511

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 13511 - Common Methodology

Where an LCP or LRDP is to be submitted pursuant to this subchapter, the local government or governing authority shall include the following in the scope of the LCP or LRDP pursuant to Public Resources Code Section 30501(a):

(a) The policies of Chapter 3 of the California Coastal Act of 1976 concerning specific coastal resources, hazard areas, coastal access concerns, and use priorities, including consideration of public access and recommended uses of more than local importance and relating to the area governed by the LCP or LRDP, shall be applied to determine the kind, location and intensity of land and water uses that would be in conformity with the policies of the Act. This determination shall include an analysis of the potential significant adverse cumulative impacts on coastal resources and on public access to or along the coast, due to existing and potentially allowable development proposed in the LCP or LRDP.
(b) With regard to LRDPs, the level and pattern of development selected by the governing authority shall be reflected in a long range land use development plan. The LRDP shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976. Any plan submitted pursuant to this subchapter shall contain sufficient information regarding the kind, size, intensity and location of development activity intended to be undertaken pursuant to the plan to determine conformity with the policies of Chapter 3 of the Coastal Act. Such information shall include, but is not limited to the following:
(1) the specific type of development activity or activities proposed to be undertaken;
(2) the maximum and minimum intensity of such activity or activities (e.g., number of residents, capacity and service area of public works facility, etc.);
(3) the proposed and alternative locations considered by any development activities to be undertaken pursuant to the LRDP;
(4) a capital improvement program or other scheduling or implementing devices that govern the implementation of the LRDP; and
(5) other information deemed necessary by the executive director of the Commission.
(c) With regard to LCPs, the level and pattern of development selected by the local government shall be reflected in a land use plan, zoning ordinances and zoning district maps. The local coastal program shall include measures necessary to achieve conformity with the policies of Chapter 3 of the California Coastal Act of 1976; such measures shall be based on the authority inherent in the reasonable exercise of police power, and specifically to the authority provided in the California Coastal Act of 1976 to control or prevent uses harmful to the coastal resources of the state.
(1) The land use plan component of a local coastal program shall incorporate a statement of applicable development and resource protection policies in the substantive text or geographic provisions of the general plan, including as may be appropriate in each jurisdiction the mandatory or optional elements of a general plan as provided in Government Code Sections 65301- 65303 and 65560- 65567, that are capable of carrying out the policies of Chapter 3 of the California Coastal Act of 1976.
(2) The zoning ordinances and zoning district map shall conform with and be adequate to carry out the policies, objectives, principles, standards and plan proposals set forth in the land use plan. The scope of measures contained in the zoning ordinance and district maps shall extend to the authority granted by the planning laws of California, including Government Code Sections 65850- 65862 and 65910- 65912. Where applicable and necessary to carry out the policies and provisions of an approved land use plan, these measures may include: exclusive use zones, overlay zones, conditionally permitted uses based on certain findings, sign and design controls, landscaping and grading regulations, hazard and geologic review requirements, open space and lot coverage standards, minimum lot sizes (including minimum acreages for agricultural and timberland conversion), density and timing of development standards based on public service capacities and recreational use needs, and any other similar ordinances within the scope of zoning measures.
(d) Where the application of the policies of Chapter 3 of the Coastal Act of 1976 requires limits or conditions as to the amount, timing, or location of public works facilities that are owned or operated by the local government or governing authority, an analysis shall be made to determine:
(1) existing and proposed capacities of such relevant public works systems;
(2) key decision points for stages of facility expansion; and
(3) what portion of public works facilities capacity is allocated to new development within the area and what portion is reserved for the priority uses as required by Public Resources Code Section 30254. A similar analysis and allocation shall be made of public recreational facilities to comply with Public Resources Code Section 30252(6).
(e) If the level and pattern of development recommended for the LCP or LRDP require the phasing of public service or recreational facilities that are owned or operated by the local government or governing authority in order to be consistent with the requirements of the California Coastal Act of 1976, the proposed measures for implementing public service and recreational facilities shall be specifically identified.
(f) A procedure to insure adequate notice to interested persons and agencies of impending developments proposed after certification of the LCP or LRDP. For LRDPs, the procedures shall at a minimum conform to Section 13549.
(g) With regard to LRDPs, the governing authority may propose a categorical exclusion order pursuant to Public Resources Code Section 30610(e) for categories of development, or categories of development within specifically defined geographic areas, for which there is no potential for adverse effects, either individually or cumulatively, on coastal resources or on public access to or along the coast. After certification of the LRDP and adoption of the categorical exclusion order, categories of development defined pursuant to this subsection will not be subject to the procedures specified in Sections 13549 and 13550 requiring notice of the impending development and allowing Commission review of such proposed development projects.

Cal. Code Regs. Tit. 14, § 13511

1. Amendment of subsections (a), (c)(2), (d), (e)-(g) and amendment of 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 30501 and 30605, Public Resources Code. Reference: Sections 30501, 30530, 30605 and 30610, Public Resources Code.