§ 23.01.050. Amendment.

The Local Coastal Program (including this title) may be amended whenever the Board of Supervisors deems that public necessity, convenience, or welfare require, pursuant to the procedures set forth in this section.

a.

Initiation of amendment. Amendments may be initiated by the Board of Supervisors upon its own motion; or by the Board of Supervisors upon acceptance of a petition from any interested party, including the Planning Director and/or Planning Commission. Petitions shall include a description of the benefit to be derived as a result of the amendment. The Board of Supervisors may refer a proposed amendment to the Planning Director and/or Planning Commission for response before deciding whether to initiate the amendment.

b.

Planning Commission Hearing: The Planning Commission will hold a public hearing on any proposed amendment to this title pursuant to Section 23.01.060. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the Board of Supervisors.

c.

Planning Commission Recommendation: After the public hearing, the Planning Commission shall submit a written recommendation to the Board of Supervisors on the proposed amendment, setting forth the reasons for the recommendation and the relationship of the proposed amendment to affected general and specific plans.

d.

Board of Supervisors Hearing: Upon receipt of the Planning Commission recommendation, the Board of Supervisors shall hold a public hearing pursuant to Section 23.01.060. The Board of Supervisors may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed amendment by the Board of Supervisors not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the amendment.

e.

Effective Date of Amendments. An amendment to this title or the San Luis Obispo County Local Coastal Plan as certified by the California Coastal Commission shall not become effective after Board of Supervisors adoption until the amendment is also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act, as follows:

(1)

Denial of an amendment request by the Board of Supervisors shall be final and no appeal to the Coastal Commission shall be allowed except as provided by subsection e(2) of this section.

(2)

Pursuant to Section 30515 of the Coastal Act, any person or agency authorized to undertake a public works project or major energy facility development, who was denied a request to amend the Local Coastal Program, may file the request for amendment with the Coastal Commission.