California Code of Regulations
Title 23 - Waters
Division 1 - Central Valley Flood Protection Board
Chapter 1 - Organization, Powers and Standards
Article 3 - Application Procedures
Section 13.3 - Consent Calendar

Universal Citation: 23 CA Code of Regs 13.3

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

(a) Unless otherwise provided in this Article, the procedures set forth in Article 3 of these regulations pertaining to permit applications, including staff reports, staff recommendations, resolutions, and voting, shall apply to the consent calendar procedure.

(b) Any matter for which there are no speakers in opposition, including permit matters, may be placed on the board's consent calendar in accordance with Section 13.3, unless one of the following occurs to remove the item from the consent calendar:

(1) Upon request by the applicant, any member of the public, or any board member;

(2) When any interested party files a written protest conforming to the requirements of section 12 and requests a hearing;

(3) When approval requires a variance to the board's standards;

(4) Upon the board's own motion.

(c) All items included in the consent calendar shall be considered by the board in one action. Public testimony shall be deemed waived. If the item is not removed from the consent calendar and the consent calendar is approved, any recommended conditions contained in the staff report and resolution, if one is prepared, shall be deemed approved by the board.

(d) Consent calendar items shall only be voted on if the board accepts the staff recommendation as stated in the staff report with no substantial changes. Otherwise, the item must either be removed from the consent calendar for discussion and action at the same meeting or continued to a subsequent board meeting.

(e) If an item is removed from the consent calendar pursuant to (b) above, then the public shall have the right to present testimony and evidence in accordance with Section 13.1 of these regulations.

1. Renumbering of former section 13.2 to new section 13.3, including amendment of subsection (b), filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-9-2014 order transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).

Note: Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Section 11425.10, Government Code; and Section 8610.5, Water Code.

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