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§ 10830. Permit Assignment.

14 CA ADC § 10830Barclays Official California Code of RegulationsEffective: October 1, 2022

Barclays California Code of Regulations
Title 14. Natural Resources
Division 5. San Francisco Bay Conservation and Development Commission
Chapter 8. Amendments to Permits
Article 4. Assignment of Permits
Effective: October 1, 2022
14 CCR § 10830
§ 10830. Permit Assignment.
Currentness
(a) The rights, interests, and obligations contained in a Commission permit are assignable in full or in part. A Commission permit shall be assigned when a permittee transfers any interest in any real property on which an activity is authorized by a permit to occur or which is necessary to achieve full compliance with one or more conditions of a permit. To assign a permit the permittee-assignor and the assignee shall execute and submit to the Commission for review and approval by Commission counsel a permit assignment document executed and dated by the assignor and assignee or their authorized representatives containing all of the following information:
(1) the permit number and date of the Commission permit being assigned and, if the permit has been amended, the amendment number and date of the most recent amendment;
(2) the full name, mailing address, email address, and telephone number of the permittee-assignor, and, if the permittee-assignor is not an individual, the legal nature of the entity making the assignment (e.g., California partnership, trust, California corporation, California limited liability company, etc.);
(3) if the permittee-assignor is not an individual, the name and title or position of the authorized representative executing the assignment on behalf of the permittee-assignor;
(4) the full name, mailing address, email address, and telephone number of the assignee, and, if the assignee is not an individual, the legal nature of the entity receiving the assignment;
(5) if the assignee is not an individual, the name and title or position of the authorized representative executing the assignment on behalf of the assignee;
(6) a statement by the permittee-assignor or its authorized representative that the permittee-assignor hereby assigns all rights, interests, and obligations in the Commission permit (or for a partial assignment, that the permittee-assignor hereby assigns the rights, interests, and obligations in the Commission permit that are specifically identified in the permit assignment document);
(7) a statement by the assignee or its authorized representative that the assignee has read and understood the Commission permit, hereby accepts the rights, interests, and obligations in said permit, and agrees to be bound by all the terms and conditions of the permit (or for a partial assignment, that the assignee has read and understood the Commission permit, hereby accepts the rights, interests, and obligations in said permit, and agrees to be bound by the terms and conditions of the permit that are specifically identified in the permit assignment document); and
(8) as applicable to the assignment, either (i) a copy of the property interest transfer or conveyance document (e.g., recorded grant deed, recorded easement, lease) documenting the transfer from the permittee-assignor to the assignee of any interest in any portion of real property that is subject to the Commission permit being assigned; or (ii) the contractual agreement between the permittee-assignor and assignee, or a statement of representations and warranties by the permittee-assignor and the assignee regarding the terms of their contractual agreement, identifying the rights, interests, and obligations being transferred from the permittee-assignor to the assignee or being accepted and agreed to by the assignee.
(b) If there are two or more co-permittees, each co-permittee (or its authorized representative), must execute the permit assignment document as an assignor. If fewer than all co-permittees are assigning their rights, interests, and obligations in the permit and the assigning co-permittees provide documentary evidence that all non-assigning co-permittees have notice of the assignment and no objection thereto, Commission counsel shall waive this requirement as to the non-assigning co-permittees.
(c) For an assignment in connection with the transfer of any interest in any portion of real property that is subject to the permit being assigned, if there are two or more transferees, each transferee (or its authorized representative), must execute the permit assignment document as an assignee.
(d) Commission counsel shall approve an assignment that contains all information described in subsection (a) and complies with subsections (b) or (c), if applicable. If Commission counsel determines that an assignment does not contain all information described in subsection (a) or comply with subsections (b) or (c), if applicable, within thirty (30) days of submission the permit assignment document, Commission counsel shall notify the permitee-assignor and assignee that the permit assignment document has not been approved and shall identify the additional information that is needed as described in subsections (a) or the additional documentation needed to comply with subsections (b) or (c), if applicable, for approval of the assignment.

Credits

Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code.
History
1. New section filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 14, § 10830, 14 CA ADC § 10830
End of Document