California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 6 - Permit Procedures: Administrative and Emergency Permits
Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits)
Article 3 - Approval or Denial of Administrative Permits
Section 10621 - Executive Director's and Commission's Action After Listing

Universal Citation: 14 CA Code of Regs 10621

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

(a) The Executive Director cannot act on an administrative permit application if either one of the following sets of circumstances exist:

(1) when the Commission holds a meeting within 14 days of the mailing of the administrative listing, one or more Commissioner has objected at the meeting to the issuance of the administrative permit and the Commission has determined at that meeting by a majority of those present and voting that the Commission should process the application as a major permit application;

(2) when the Commission does not hold a meeting within 14 days of the mailing of the administrative listing, one or more Commissioner has submitted to the Executive Director a written objection to the issuance of the administrative permit within 14 days of the mailing of the administrative listing and the Commission has determined at the first meeting following the objection by a majority of those present and voting that the Commission should process the application as a major application;

(b) The Executive Director can act on an application for an administrative permit despite the restrictions contained in subsection (a) of this section if compliance with subsection (a) would prevent the Executive Director and Commission from acting within the 90-day time period within which the McAteer-Petris Act requires action on a permit application.

(c) If the Commission determines that the Commission should consider the application the Executive Director shall within five (5) working days notify the applicant that he or she has denied the application with the reasons for denial being that the activity could not be properly considered as a minor repair or improvement and with information on how to proceed.

(d) If the Commission does not determine that the Commission should consider the application, the Executive Director shall act on the application within the 90-day time period within which the McAteer-Petris Act requires the Commission to act on a permit application.

(e) At any time before the Executive Director acts on an administrative permit application, an applicant may either withdraw the application permanently or may remove the application temporarily from the Commission's active consideration. An applicant shall withdraw an application permanently or remove an application temporarily from active consideration either by a signed written document or by stating the fact of the withdrawal or the removal on the record at a Commission meeting. Withdrawal of an application permanently or removal of an application temporarily from active consideration shall not require Commission concurrence. An applicant removing an application temporarily from active consideration shall expressly:

(1) extend the ninety (90) day time limit of Government Code Section 66632(f) for at least sixty (60) days; and

(2) agree that the application is withdrawn permanently unless the applicant reactivates the application in writing at least thirty (30) days prior to the expiration of the extended review period and the removal from active consideration and resultant extension of time within which the Commission acts on the application does not cause the Commission to exceed the period in which it must act on the application pursuant to California Government Code Sections 65950 through 65957.1.

1. Renumbering and amendment of Section 10542(c) and (d) to Section 10621 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 subsections (b) and (d), new subsection (e) and amendment of NOTE 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 65950, 65952, 65957 and 66632(f), Government Code; and Sections 29501(a) and 29520, Public Resources Code.

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