1. (a) Prior to the time that commencement of development under a permit granted by the Commission must occur under the terms of the permit or Section 13156, a permittee may apply to the executive director of the Commission for an extension of time not to exceed an additional one-year period. For 100% affordable housing projects (housing as described in Pub. Resources Code, section 30604(f) and (g))), which may include manager units, the Commission may approve an extension of time not to exceed an additional two-year period. The executive director shall not accept the application unless it is accompanied by all of the following:

   1. (1) evidence of an approved, unexpired permit,
   2. (2) evidence of the applicant's legal interest in the property involved in the permit,
   3. (3) the fee specified in section 13055(b)(1) of these regulations, and
   4. (4) stamped envelopes addressed to each person specified in section 13054 of these regulations and each person who testified, orally or in writing at prior permit hearing(s).

2. (b) For those applications accepted, the executive director shall determine whether there are changed circumstances that may affect the consistency of the development with the policies of Chapter 3 of the Coastal Act or with a certified local coastal program, if applicable. If the executive director determines that there are no changed circumstances that may affect consistency of the development, he or she shall transmit notice of such determination, including a summary of the procedures set forth in this section, to all parties the executive director has reason to know may be interested in the application, including all persons identified in section 13054 of these regulations and all persons who participated in previous permit hearings. The applicant shall post such notice at the project site within three (3) days of the executive director's transmittal of the notice to interested parties. The executive director shall also report the determination to the commission to provide the commission with an opportunity to object to the executive director's determination. The time for commencement of development shall be extended for one year from the expiration date of the permit if both of the following occur:

   1. (1) no written objection to the executive director's determination is received within 10 working days after mailing notice, and
   2. (2) three commissioners do not object to the executive director's determination.
3. (c) If the executive director received a written objection to his or her determination but concludes that the objection does not identify changed circumstances that may affect the consistency of the development with the Coastal Act or a certified local coastal program, if applicable, the executive director shall report this conclusion to the commission at the same time that the executive director reports the determination to the commission in accordance with subsection (b) above. The executive director shall provide a copy of the letter(s) of objection to the commission with the report. If three commissioners object to the extension on grounds that there may be changed circumstances that affect consistency, the executive director shall schedule the extension for hearing(s) in accordance with subsection (d) below. If three commissioners do not object to the extension, the time for commencement of development shall be extended for one year from the expiration date of the permit.

4. (d) If the executive director receives an objection to his or her determination and concludes that the objection identifies changed circumstances that may affect the consistency of the development or if the executive director determines that due to changed circumstances the proposed development may not be consistent, the application shall be scheduled for a hearing on whether there are changed circumstances that affect consistency. The executive director shall provide notice of such hearing to any person(s) the executive director has reason to know would be interested in the matter. The executive director shall prepare a report for the hearing that describes any pertinent changes in conditions or circumstances relating to each requested permit extension.

   1. (1) If three (3) commissioners determine that there are changed circumstances that affect consistency of the development with Chapter 3 policies of the Coastal Act or with a certified local coastal program if applicable, the extension shall be denied and upon payment of the filing fee specified in section 13055(a) of these regulations for an application for a coastal development permit the development shall be set for a full hearing of the commission pursuant to Subchapter 1 of Chapter 5 of these regulations. However, other than payment of the applicable fees, the applicant shall not be required to file a new permit application, but instead shall submit any information that the executive director determines is necessary to evaluate the effect of the changed circumstances.
   2. (2) If no such determination is made by three commissioners, the time for commencement of development shall be extended for one year from the expiration date of the permit.
5. (e) Any extensions applied for prior to the expiration of the permit shall automatically extend the time for commencement of development until such time as the commission has acted upon the extension request; provided, however, that the applicant shall not undertake development during the period of automatic extension provided in this section.
6. (f) The procedures specified in this section shall apply to extensions of all permits approved by the commission, including those approved on appeal, on the consent calendar and as administrative permits.

Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30600, 30604, 30620 and 30620.6, Public Resources Code.

History

1. Amendment of subsection (a) filed 2-11-77 as an emergency; effective upon filing (Register 77, No. 7).

2. Certificate of Compliance filed 4-29-77 (Register 77, No. 18).

3. Amendment filed 6-10-77, effective thirtieth day thereafter (Register 77, No. 24).

4. Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).

5. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).

6. Amendment of section and Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).

7. Amendment of subsections (a)(3) and (d)(1) filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11).

8. Amendment of subsections (b) and (d)(1) 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).

9. Amendment of subsection (a) filed 1-29-2026; operative 1-29-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 5).