Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 13537 - Commission Action on Land Use Plan or LRDP(a) The Commission shall take final action upon the land use plan or LRDP within ninety (90) days after submittal unless the local government or governing authority waives in writing the ninety (90) day time limit. No vote shall be taken unless a staff recommendation is prepared and distributed pursuant to Section 13532.(b) Except as provided in Public Resources Code Section 30512(a)(3), a decision to certify a land use plan or LRDP shall require a majority vote of the appointed membership of the Commission. Where no modifications are proposed, the final motion is on the affirmative question of whether the land use plan or LRDP as submitted should be certified. Where modifications are proposed, the final motions shall be on (1) the affirmative question of whether the land use plan or LRDP, as submitted, should be certified and (2) the affirmative question of whether the land use plan or LRDP, as modified, 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 or governing authority 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 Commission action, whichever is later. If the local government, pursuant to Public Resources Code Section 30512, requests the Commission not recommend modifications, the Commission may discuss alternatives in the findings for denial of the land use plan or LRDP as submitted.(c) If consistent with the staff recommendation and not otherwise specified at the time of the vote, the action taken shall be deemed to have been taken on the basis of the reasons set forth in the staff recommendation and shall thus be deemed to adopt the findings, conclusions, and modifications, if any, recommended by the staff.(d) Any action of the Commission to certify or to refuse certification of a land use plan or LRDP as submitted by local government or a governing authority 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. An action of the Commission to certify a land use plan or LRDP subject to suggested modifications shall be final on the day the Commission concurs with the executive director's report of the acceptance of the suggested modifications pursuant to Section 13547(c) or the executive director reports the acceptance of the suggested modifications to the Commission pursuant to Section 13544.5(c).Cal. Code Regs. Tit. 14, § 13537
1. Amendment of subsection (b) 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 30512 and 30600.5, Public Resources Code.