Section 10371 - Material Amendments to Pending Major Permit Applications(a) An applicant whose application for a major permit is currently pending may submit a request to amend the application materially 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 material amendment to a permit application by letter. If there are two or more co-applicants, each co-applicant (or co-applicant's representative) shall sign the letter requesting the amendment. The applicant shall include the following in any request to amend materially a pending major permit application and the Executive Director shall file the request only if the request contains the following: (1) an agreement in writing that the time periods within which the Commission must act under the McAteer-Petris Act and the Permit Streamlining Act on a permit application begin as of the date of the filing of the request to amend the application and(2) an application for the project as amended that meets all the filing requirements contained in these regulations for a major permit application.(c) After the submittal of a request to amend materially a pending application for a major permit, the Executive Director shall determine whether or not to file the amended application based on whether the amended application complies with the filing requirements included in Section 10310. If the Executive Director concludes that the amended application does not comply with the filing requirements contained in Section 10310, he or she shall return it to the applicant with a written statement of the reasons why the amended application does not comply with Section 10310 and a list of the materials needed to bring the amended application into conformance with the filing requirements of Section 10310 and shall continue to process the original application. If the Executive Director determines that the amended application does comply with the filing requirements of Section 10310, he or she shall file the amended application and shall process the application and the Commission shall vote on the application in full conformance with all of the regulations that govern the filing, processing, and Commission action on a major permit application.(d) The filing of a request for a material amendment to a pending permit application shall automatically supersede the original application, and the application as modified by the request for amendment shall thereafter be the only application pending before the Commission.Cal. Code Regs. Tit. 14, § 10371
1. Renumbering and amendment of former Section 10371 to Section 10381, and new Section 10371 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. 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: Section 66632, Government Code; Section 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal.App.3d 935, 940.
1. Renumbering and amendment of former Section 10371 to Section 10381, and new Section 10371 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. 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.