Cal. Code Regs. tit. 14 § 13544

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 13544 - When Certification Becomes Effective
(a) After the certification or conditional certification of a land use plan, implementation plan, or amendment to either, the executive director of the Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the local government that made the submittal. The findings and any suggested modifications shall be posted to the Commission's website.
(b) When the Commission certifies a plan or a plan amendment without any suggested modifications:
(1) For a land use plan or amendment, the certification is effective immediately.
(2) For an implementation plan or amendment where the standard of review is a certified and effective land use plan, the certification of the implementation plan or amendment is effective immediately.
(3) For an implementation plan or amendment where the standard of review is a conditionally certified land use plan, certification of the implementation plan or amendment is subject to subdivision (c) of Section 13542, and is effective immediately upon the land use plan becoming effective according to subdivision (c) of this Section.
(c) When the Commiossion has conditionally certified a land use plan, implementation plan, or amendment of either on the acceptance of suggested modifications, the certification is not effective, including for the transfer of coastal development review authority pursuant to Public Resources Code Section 30519, until all of the following occur:
(1) The local government with jurisdiction over the area governed by the certified local coastal program, by action of its governing body, acknowledges receipt of the Commission's resolution of certification including any terms or modifications which may have been suggested for final certification; accepts and agrees to any such terms and modifications, and takes whatever formal action is required to satisfy the terms and modifications (e.g. implementation of ordinances); and agrees to issue coastal development permits for the total area included in the certified local coastal program, as amended;
(2) The executive director of the Commission determines in writing that the local government's action and the notification procedures for appealable development required pursuant to Article 17 are legally adequate to satisfy any specific requirements set forth in the Commission's certification; and
(3) The executive director reports the determination that the local government's action and notification procedures are legally adequate to the Commission at its next regularly scheduled public meeting; and
(d) If the executive director finds that the local government action does not conform to the provisions of the Commission's action to certify the local coastal program, the Commission shall review the local government's action and notification procedures pursuant to Articles 9-12 as if it were a resubmittal.
(e) Notice of the certification of a local coastal program shall be filed with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).

Cal. Code Regs. Tit. 14, § 13544

1. Amendment filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
2. Amendment of section heading, section and NOTE filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

Note: Authority cited: Section 30501, Public Resources Code. Reference: Sections 21080.5 and 30519, Public Resources Code.