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 › Section 10370 - Non-Material Amendments to Pending Major Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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.
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.