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§ 10370. Non-Material Amendments to Pending Major Permit Applications.

14 CA ADC § 10370Barclays 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 3. Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries
Subchapter 2. Applications for a Major Permit
Article 5. Amendments to Applications
Effective: October 1, 2022
14 CCR § 10370
§ 10370. Non-Material Amendments to Pending Major Permit Applications.
Currentness
(a) An applicant whose application for a major permit is currently pending may submit a request to amend the application nonmaterially at any time prior to the mailing or reading of the staff recommendation on the previously pending application, whichever occurs first.
(b) The applicant shall submit the request for a non-material amendment to a permit application by letter that specifies the nature of the amendment and is signed by the applicant or his or her authorized representative. If there are two or more co-applicants, each co-applicant (or co-applicant's representative) shall sign the letter requesting the amendment.
(c) After the submittal of a request to amend nonmaterially a pending application for a major permit, the Executive Director shall determine whether or not to file the amended application based on whether the amendment to the application will or will not materially change the application. If the Executive Director concludes that the amendment will materially change the application, he or she shall refuse to file the amended application and shall return it to the applicant with a written statement of the reasons why he or she believes that the amendment would materially change the application and a statement that the applicant must now submit a new application that complies with the filing requirements of Section 10310 for the project as amended to amend the application, and shall continue to process the original application. If the Executive Director determines that the amendment will not materially change the application, he or she shall file the amended application and shall continue to process and the Commission shall act on the amended application in accordance with the Commission's regulations for processing and acting on major permit applications.
(d) The filing of a request for a nonmaterial amendment to a pending major permit application shall automatically supersede the original application, and the amended application shall thereafter be the only application considered as pending before the Commission.

Credits

Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; Sections 29520 and 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal.App.3d 936, 940.
History
1. Renumbering and amendment of former Section 10370 to Section 10380, and new Section 10370 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Change without regulatory effect amending Note filed 12-31-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days pursuant to Executive Order N-40-20.)
4. Amendment of subsection (b) 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 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 10370, 14 CA ADC § 10370
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