Any person authorized to undertake a public works project or proposing an energy facility
development may request any local government to amend its certified local coastal
program, if the purpose of the proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal program that had not
been anticipated by the person making the request at the time the local coastal program
was before the commission for certification. If, after review, the local government determines that the amendment requested would
be in conformity with the policies of this division, it may amend its certified local
coastal program as provided in Section 30514.
If the local government does not amend its local coastal program, such person may
file with the commission a request for amendment which shall set forth the reasons
why the proposed amendment is necessary and how such amendment is in conformity with
the policies of this division. The local government shall be provided an opportunity to set forth the reasons for
its action. The commission may, after public hearing, approve and certify the proposed amendment
if it finds, after a careful balancing of social, economic, and environmental effects,
that to do otherwise would adversely affect the public welfare, that a public need
of an area greater than that included within the certified local coastal program would
be met, that there is no feasible, less environmentally damaging alternative way to
meet such need, and that the proposed amendment is in conformity with the policies
of this division.
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