California Code of Regulations
Title 14 - Natural Resources
Division 5.5 - California Coastal Commission
Chapter 5 - Coastal Development Permits Issued by Coastal Commissions
Subchapter 6 - Permits
Article 5 - Amendments to Permits
Section 13166 - Amendments to Permits Other than Administrative Permits

Universal Citation: 14 CA Code of Regs 13166

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The executive director shall reject an application for an amendment to an approved permit if he or she determines that the proposed amendment would lessen or avoid the intended effect of an approved or conditionally approved permit unless the applicant presents newly discovered material information, which the applicant could not, with reasonable diligence, have discovered and produced before the permit was granted.

(1) An applicant may appeal the executive director's determination to the commission. The appeal must be submitted in writing and must set forth the basis for appeal. The appeal must be submitted within 10 working days after the executive director's rejection of the amendment application. If timely submitted, the executive director shall schedule the appeal for the next commission hearing or as soon thereafter as practicable and shall provide notice of the hearing to all persons the executive director has reason to know may be interested in the application.

(2) If the commission overturns the executive director's determination, the application shall be accepted for processing in accordance with subsection (c) below.

(b) For those applications accepted, if the executive director determines that a proposed amendment has the potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline, the amendment shall be deemed a material amendment to the permit. Material amendments shall be processed in accordance with subsection (c) below. If the executive director determines that the proposed amendment is immaterial, notice of such determination including a summary of the procedures set forth in this section shall be posted at the project site and mailed to all persons the executive director has reason to know may be interested in the application.

(1) If no written objection to a notice of immaterial amendment is received at the commission office within ten (10) working days of mailing notice, the determination of immateriality shall be conclusive and the amendment shall be approved.

(2) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does not raise an issue of conformity with the Coastal Act or certified local coastal program if applicable, the immaterial amendment shall not be effective until the amendment and objection are reported to the commission at its next regularly scheduled meeting. The executive director shall include a copy of the letter(s) of objection to the commission with the report. If any three (3) commissioners object to the executive director's designation of immateriality, the amendment application shall be referred to the commission for action as set forth in subsection (c) below. Otherwise, the immaterial amendment shall become effective.

(3) If a written objection to notice of an immaterial amendment is received within ten (10) working days of mailing notice, and the executive director determines that the objection does raise an issue of conformity with the Coastal Act or a certified local coastal program if applicable, the immaterial amendment application shall be referred to the commission for action as set forth in subsection (c) below.

(c) If the executive director determines that the proposed amendment is material, the application shall be referred to the commission in accordance with the procedures of Subchapter 1. The commission shall approve the amendment if it finds, by a majority vote of the membership present, that the development as amended conforms with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program if applicable. The commission may approve the amendment subject to reasonable conditions. The decision shall be accompanied by findings in accordance with Section 13096.

(d) The procedures specified in this section shall apply to amendments of permits that were previously approved on the consent calendar, unless the commission adopts expedited procedures for amendments to such permits.

(e) The procedures specified in this section shall apply to applications for amendments of permits issued under the California Coastal Zone Conservation Act of 1972, except as specified in Public Resources Code Section 30609.

1. Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No. 24).
2. New subsection (c) filed 6-10-77 as an emergency; effective upon filing (Register 77, No. 24).
3. Certificate of Compliance filed 9-16-77 (Register 77, No. 38).
4. Amendment of subsection (a) filed 4-27-78 as an emergency; effective upon filing (Register 78, No. 17).
5. Certificate of Compliance filed 8-10-78 (Register 78, No. 32).
6. Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No. 1). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-3-80.
7. Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No. 19).
8. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
9. Amendment of section and NOTE filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
10. Amendment of subsections (a) and (d) and amendment of NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).

Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604, 30607, 30609 and 30620, Public Resources Code.

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