Section 13542 - Commission Review and Action(a) Commission review of LCP implementing actions shall take place in accordance with the provisions of Articles 9-11, except for Sections 13528, 13529, 13530, and 13537.(b) The Commission shall take action by a majority vote of those present within sixty (60) days of submittal of the zoning ordinances, zoning district maps, and other implementing actions as provided in Public Resources Code Section 30513. Where no modifications are proposed, the motion is on the affirmative question of whether the ordinance(s), map(s), or other actions do not conform with or are inadequate to carry out the provisions of the certified land use plan. Where modifications are proposed the final motions shall be on (1) the affirmative question of whether zoning actions, as submitted, should be rejected and (2) the affirmative question of whether the zoning actions with modifications as proposed in the staff recommendation should be certified. Any vote on the addition or deletion of modifications including the specific terms or wording of a modification may be carried by a majority of the commissioners present. Any suggested modifications adopted by the Commission shall be specific and susceptible to objective review and verification by the executive director of the Commission, by the local government and by any interested person or public agency. The Commission's certification with suggested modifications shall expire on January 1, 1983 or six months from the date of the Commission's action, whichever is longer.(c) The standard of review of the implementing actions shall be the land use plan as certified by the Commission. If the land use plan is conditionally certified subject to local government acceptance of the suggested modifications, the standard of review shall be the conditionally certified land use plan. However, if the local government elects to revise and resubmit the land use plan in a manner different from that set forth in the suggested modifications of the conditioned certification, the Commission's approval of the implementing actions shall be void. Absent either a certified or conditionally certified land use plan, the Commission may take no action on the implementing actions. However, the Commission may discuss the implementing actions and upon conclusion of the comments by the Commission return the submittal to the local government.(d) Any final action taken by the Commission either approving or rejecting the LCP implementation actions must include written responses to significant environmental points raised during Commission review.(e) Categorical exclusions (reviewed by the Commission upon or after certification of the LCP) shall be adopted by the Commission for those categories of development which the Commission certifies as being allowed by right in the local jurisdiction, which have specific development standards (as specified in the LCP) which are handled ministerially by the local government and which comply with Public Resources Code Sections 30610(e) and 30610.5.(f) Any action of the Commission to certify or to refuse certification of any zoning ordinance, zoning district map or other implementing action as submitted by the local government shall be final on the day of the Commission vote, notwithstanding a subsequent action of the Commission to adopt findings in support of its decision. Any action of the Commission to certify any zoning ordinance, zoning district map or other implementing ordinance subject to suggested modifications shall be final on the day of the executive director's report of the local government's acceptance of the suggested modifications pursuant to Section 13544.Cal. Code Regs. Tit. 14, § 13542
1. Amendment of subsection (f) 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 30501, Public Resources Code. Reference: Sections 30513, 30610 and 21080.5, Public Resources Code.