§ 1769. Post Certification Petition for Changes in Project Design, Operation or Performance and...
20 CA ADC § 1769Barclays Official California Code of Regulations
20 CCR § 1769
§ 1769. Post Certification Petition for Changes in Project Design, Operation or Performance and Amendments to the Commission Decision.
(2) Within 30 days after a petition is filed and the applicable fee is paid, staff shall review the petition to determine the extent of the proposed change and prepare a summary of the petition. The summary shall be concise and understandable, shall describe the content of the petition using the applicant's own words whenever possible, and shall include a description of the commission's procedures concerning proceedings on the petition, as appropriate. As soon as practicable after preparing the summary, staff shall file the summary and provide a copy to each property owner described in subdivision (a)(1)(G) with instructions on how to receive future filings.
(C) Staff shall file a statement summarizing its actions taken pursuant to subdivisions (a)(3)(A) or (B). Any person may file an objection to a staff action taken pursuant to subdivisions (a)(3)(A) or (B) within 14 days of the filing of staff's statement. Any such objection must make a showing supported by facts that the change does not meet the criteria in this subdivision. Speculation, argument, conjecture, and unsupported conclusions or opinions are not sufficient to support an objection to staff approval.
(A) If staff determines that a change does not meet the criteria for staff approval set forth in subdivision (a)(3), or if staff submits the proposed change to the commission for consideration under subdivision (a)(3)(D), or if a person files an objection that complies with subdivision (a)(3)(C), the petition shall be considered by the commission at a noticed business meeting or hearing. The commission shall issue an order approving, rejecting, or modifying the petition or assign the matter for further proceedings before the commission or an assigned committee or hearing officer. The commission may approve such a change only if it can make the findings specified in section 1748(b), if applicable.
(2) Staff may approve a change in ownership or operational control by filing a statement approving the change no sooner than 14 days after filing of the petition. Any person may file an objection to a staff approval within 14 days of the filing of staff's statement. Any such objection must state the grounds for the objection. If a person files such an objection, the petition shall be considered by the commission at a noticed business meeting or hearing.
Note: Authority cited: Sections 25213, 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25523, 25532 and 25534, Public Resources Code.
1. New section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2. Amendment of subsection (a)(2)(D) and amendment of Note filed 4-8-2003; operative 5-8-2003 (Register 2003, No. 15).
3. Amendment of subsection (a)(3)(A) filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of section heading and section filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
This database is current through 5/19/23 Register 2023, No. 20.
Cal. Admin. Code tit. 20, § 1769, 20 CA ADC § 1769
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