State California Regulations TITLE 14. NATURAL RESOURCES DIVISION 5. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION database is current through 08/11/06, Register 2006, No. 32. s 10110. Purpose of Regulations. These regulations supplement and interpret the McAteer-Petris Act (Sections 66600 through 66661 of the Government Code), the Suisun Marsh Preservation Act (Sections 29000 through 29610 of the Public Resources Code), the San Francisco Bay Conservation and Development Commission's San Francisco Bay Plan, the San Francisco Bay Conservation and Development Commission's Suisun Marsh Protection Plan, the Coastal Zone Management Act of 1972, as amended (16 U.S.C. Sections 1451 through 1464), the California Environmental Quality Act (Sections 21000 through 21176 of the Public Resources Code), and the act creating the State Coastal Conservancy (Division 21 of the Public Resources Code), as all of them may be amended from time to time. No attempt has been made to reproduce in these regulations the definitions, policies, and other provisions found in the Acts and in the Plans. Therefore, these regulations should be read together with the Acts and the Plans. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; Divisions 13, 19 and 21, Public Resources Code; San Francisco Bay Plan; Suisun Marsh Protection Plan; and 16 U.S.C. Sections 1451-1464(a). s 10111. Explanation of References. References in these regulations to "Chapter____," "Subchapter____," "Article____," "Section____," and "Paragraph (____)" denote subdivisions of these regulations. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and Divisions 13, 19 and 21, Public Resources Code. s 10120. Emergency. "Emergency," as used in the McAteer-Petris Act, the Suisun Marsh Preservation Act, and in these regulations other than in the context of calling an emergency meeting means a situation that poses an immediate danger to life, health, property, or essential public services and that demands action by the Commission more quickly than the Commission's normal permit procedures would allow. A situation that poses an immediate danger to life, health, property, or essential public services may include, for example, an accident, sabotage, vandalism, fire, flood, earthquake, or soil or geologic movements. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 11125.5, Government Code; and Section 29509(a), Public Resources Code. s 10121. San Francisco Bay and Certain Waterways Jurisdiction. These regulations shall refer to the upland boundary of the Commission's jurisdiction over "San Francisco Bay," pursuant to GovernmentCode Section 66610(a) ( "San Francisco Bay" jurisdiction), and the upland boundary of the Commission's jurisdiction over those certain waterways listed in Government Code Section 66610(e) ( "certain waterways" jurisdiction) as "the shoreline." The shoreline shall be defined as being located at mean high water in areas other than tital marsh and at five feet above mean sea level in areas of tital marsh. Where necessary to distinguish the upland edge of the Commission's San Francisco Bay jurisdiction from the upland edge of the Commission's certain waterways jurisdiction, these regulations refer to the former as "San Francisco Bay shoreline" and the latter as "the certain waterways shoreline." (b) The Commission's San Francisco Bay and certain waterways jurisdictions include all bodies of water having the nature of open water, however named, including sloughs, harbors, straits, channels, estuaries, bays, marinas, basins, and coves up to the shoreline; (c) The Commission's San Francisco Bay jurisdiction includes those portions of other waterways, however named, that are in fact parts of San Francisco Bay rather than tributaries and that are shown as parts of San Francisco Bay on the San Francisco Bay Plan Maps, including but not limited to: Map No. Name and Location 3 Castro Creek (Richmond) adjacent to the remaining marsh 5 Mt. Eden Creek (Hayward), passing through the remaining marsh 5 Alameda Creek Flood Control Channel (Hayward), passing through the remaining marsh 6 & 7 Coyote Creek, bayward of the railroad crossing (Fremont and Santa Clara County) 8 San Francisquito Creek (Palo Alto), bayward of the inland boundary of the Faber Tract 9 Redwood Creek (Redwood City), from the Redwood City Municipal Yacht Harbor bayward 10 Islais Creek (San Francisco) 11 Corte Madera Creek, bayward of the railroad crossing (Marin County) 12 Galinas Creek (Marin County), bayward of the junction of the North and South Forks 12 Novato Creek (Marin County), bayward of the eastern high tension line as it existed on September 17, 1965 12 & 13 Petaluma River, bayward of the Highway 37 bridge (Marin and Sonoma Counties) 12 & 13 Tolay Creek, bayward of the northernmost point of Lower Tubbs Island near the Island Land Club (Sonoma County) 14 Sonoma Creek, bayward of the Highway 37 bridge (Sonoma and Solano Counties) 14 & 15 Napa River, bayward of the Highway 37 bridge (Vallejo); and (d) The Commission's San Francisco Bay jurisdiction includes Spoonbill creek and the unnamed cut running northward just east of Collinsville, Solano County, but not including water areas lying generally southward of a line drawn from Simmons Point northeasterly along the southern shoreline of Chipps Island, Van Sickle Island, and the mainland, to the mouth of Marshall Cut. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66610(a), Government Code; Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. s 10122. Slough. "Slough" means: (a) a stream of water labelled as a slough on the U.S. Geological Survey maps current as of September 1, 1968; or (b) any other stream of water that passes through a tidal marsh or mudflat or a former tidal marsh or mudflat extending up to the shoreline, except those certain waterways covered by the provisions of subdivision (e) of Government Code Section 66610 and those waterways enumerated in Section 10121(b). Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66610(a); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. s 10123. Areas Excluded From Commission Jurisdiction. (a) An area that would fall within the Commission's jurisdiction only as the result of the natural destruction of a man-made works, such as a dike, levee, or other similar tidal control structure, shall remain excluded from the Commission's jurisdiction for a period ending one year after the Commission has given an affected property owner written notice of the potential extension of the Commission's jurisdiction as a result of the destruction, or for such longer period as may be specified by Commission resolution based upon its finding that repairs of the destruction could not physically be completed within one year after receipt of written notice of the potential extension of the Commission's jurisdiction; and (b) An area that would fall within the Commission's "San Francisco Bay" jurisdiction or within its "certain waterways" jurisdiction shall be and remain excluded from the Commission's jurisdiction if it could, on and at all times subsequent to September 17, 1965, have been removed from being touched by tidal waters by simply closing a functioning tidal gate. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66610(a) and (e), Government Code; and Blumenfeld v. San Francisco Bay Conservation and Development Commission, 43 Cal. App. 3d 50 (1974); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. s 10124. Coastal Management Program for San Francisco Bay. "Coastal Management Program for San Francisco Bay" means the documents for the San Francisco Bay segment of the California coastal zone approved as consistent with the Coastal Zone Management Act of 1972, as amended, by the Office of Coastal Zone Management, United States National Oceanic and Atmospheric Administration. It consists of a narrative portion that describes the Bay segment of the California Coastal Zone Management Program and BCDC compliance with the requirements established by the Office of Ocean and Coastal Resource Management under Section 306 of the Coastal Zone Management Act. It also contains appendices that include all relevant statutes, plans, and regulations. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: The Coastal Zone Management Act, as amended, 16 USC Sections 1451-1464; and Section 29205, Public Resources Code. s 10125. Substantial Change. "Substantial change in use" includes any one of the following: (a) as to any "salt pond" or "managed wetland," any change in use including abandonment which, for the purposes of this section, shall include any draining of water except temporary draining for a short period of time in accordance with routine operating practice; or (b) as to other areas within the Commission's McAteer-Petris Act jurisdiction, any construction, reconstruction, alteration, or other activity, whether or not involving a structure, if the activity either: (1) has an estimated cost of $250,000 or more; (2) involves a change in the general category of use of a structure or of land, i.e., agriculture, residential, commercial, office, industrial, recreational, vacant non-use, etc.; (3) involves a substantial change in the intensity of use; (4) adversely affects existing public access or future public access as shown on any Commission permit, the San Francisco Bay Plan, any Commission special area plan, or any other Commission planning document; or (5) is any subdivision of land pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) or other division of land, including a lot split, where the subdivision or other division of land will substantially affect either present or future public access to or along the shoreline or substantially affect either the present or future suitability of a water-oriented priority land use site for that priority use, but not a subdivision or other division of land that is brought about in connection with the acquisition of an interest in such land by a public agency for wildlife habitat, marsh restoration, public recreation, or public access. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66632(a) and 66654, Government Code. s 10126. Members of the Commission. "Members of the Commission," "members," and "Commissioner," means any Commissioner appointed pursuant to Section 66620 of the Government Code and any Alternate appointed pursuant to Section 66622 of the Government Code, provided that a Commissioner and his or her Alternate may not both constitute the two members of the Commission appealing an action pursuant to Section 29522 of the Public Resources Code. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Section 29522, Public Resources Code; and Section 1774, Government Code. s 10127. Houseboat. A "houseboat" is a boat that is used for a residential or other nonwater-oriented purpose and that is not capable of being used for active navigation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29008, Public Resources Code; and the San Francisco Bay Conservation and Development Commission, San Francisco Bay Plan, Recreation (As amended March 20, 1986, pursuant to Government Code Section 66652). s 10128. Live-Aboard Boat. A "live-aboard boat" is a boat that is not a transient boat, that is capable of being used for active self-propelled navigation, and that is occupied as a residence as that term is defined in California Government Code Section 244. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29008, Public Resources Code; and the San Francisco Bay Conservation and Development Commission, San Francisco Bay Plan, Other Uses of the Bay and Shoreline (As amended March 20, 1986, pursuant to Government Code Section 66652). s 10129. Line of Highest Tidal Action. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66610(a) and 66610(e), Government Code. s 10130. Exclusion of Extraction of Materials for Sampling. The term "extraction of materials worth more than $20" as used in the McAteer-Petris Act and the term "extraction of material" as used in the Suisun Marsh Preservation Act shall exclude the extraction of any material or materials for environmental or seismic testing purposes only. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66604 and 66632(a), Government Code; and Sections 29114 and 29508, PublicResources Code. s 10131. McAteer-Petris Act Jurisdiction and Bay Plan. The information shown on the San Francisco Bay Plan Maps is intended to portray the actual location of land and water, salt ponds, managed wetlands, certain hills, marshes, and man-made features; however, the maps do not establish the extent of the Commission's jurisdiction. In case of any discrepancy between the portrayal of a feature on a Bay Plan Map and the descriptions in Government Code Section 66610 or these regulations, the provisions of Government Code Section 66610 and these regulations shall prevail. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66602, 66610 and 66653, Government Code; and San Francisco Bay Plan. s 10132. Exclusion of Larkspur and Greenbrae Boardwalk Areas from McAteer-Petris Act Jurisdiction. "Areas commonly known as the Larkspur and Greenbrae Boardwalks," means: (a) within the City of Larkspur, any area, excepting certain sloughs, situated within the area described in the "Notice of Non-Jurisdiction of the BCDC - Larkspur Boardwalk" appearing as Appendix A to these regulations and filed by the Executive Director with the County of Marin; and (b) within the County of Marin, any area, excepting certain sloughs, situated within the area described in the "Notice of Non-Jurisdiction of the BCDC - Greenbrae Boardwalk" appearing as Appendix B to these regulations and filed by the Executive Director with the County of Marin. Note: Authority cited: Sections 66610 and 66632(f), Government Code. Reference: Section 66610(e), Government Code. s 10133. Determination of Shoreline and Map Boundaries. (a) Upon written request, the Commission's staff will furnish a description in words of the Commission's jurisdiction. Upon written request and upon submission by any person of a map at an appropriate scale and showing sufficient topographic data, the Commission's staff will indicate upon such map or a copy thereof the location of the Commission's jurisdiction or of any particular boundary in a particular area represented by one or more of the San Francisco Bay Plan Maps. (b) Upon written request from any person who has obtained a map or description as provided in the preceding paragraph, the Commission shall by resolution determine by map or in words the location of the Commission's jurisdiction. (c) These maps or descriptions in words need not be based upon surveys performed for the Commission, but may be based on any reliable sources available. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66602, 66610 and 66653, Government Code; and San Francisco Bay Plan. s 10134. Determination of Permit Requirements for Subdivisions. (a) Within 15 days of receipt of a written request, the Executive Director shall determine whether a proposed subdivision or other division of land constitutes a substantial change in use requiring a permit; provided that the request is accompanied by the following information: (1) the name and address of all current owners of the property; (2) the name and address of the person making the request; (3) proof that the person making the request has sufficient legal interest in the property as provided in Appendix F or is an affected local government; (4) an accurate map at a scale reasonably sufficient to evaluate the project and that shows (A) the existing and proposed parcel lines; (B) the topography of the site; (C) the shoreline and the upland edge of the Commission's 100-foot shoreline band jurisdiction; (D) existing structures, uses, and vegetation on the site; and (E) public streets in the vicinity of the property. (b) A person submitting a request pursuant to paragraph (a) may appeal the decision of the Executive Director to the Commission, which shall by resolution determine whether the request was properly submitted and whether the proposed subdivision or other division of land constitutes a substantial change in use. The appeal shall be in writing and shall contain the reasons for disagreement with the decision of the Executive Director. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66632, Government Code; and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. s 10210. Date and Time. The Commission shall ordinarily hold regular meetings on the first and third Thursday of each month. The meetings shall begin at an hour set by resolution of the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10211. Changes. The Chair may change the starting time of any meeting if he or she expects the meeting to be unusually long or if it conflicts with other meetings. The Chair may also cancel or reschedule a regularly scheduled meeting to the preceding day or the following day if it conflicts with a holiday or if a quorum cannot be expected on the scheduled day. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10212. Notice of Changes. Any changes in a regularly scheduled meeting time may be made by giving notice thereof as provided in Section 10213 or as provided in Section 10231. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code. s 10213. Meeting Notice. Written notice of the time and place of a regularly scheduled meeting and a preliminary agenda shall be mailed by first class not less than ten (10) working days before the meeting. If an interruption in regular mail service occurs, alternative notice may be given. Such alternative notice shall consist of telephoning each Commissioner and each Alternate and publishing a notice of the time and place of the meeting and a summary of the preliminary agenda in a newspaper of general circulation not less than ten (10) working days before the meeting. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code. s 10214. Who Shall Receive Notice. The notice shall be mailed to Commission members, to all parties to the proceedings on the agenda, to interested organizations and individuals, to owners and residents of nearby property identified by the applicant pursuant to Appendix D item 20, and to any person who requests the notice in writing. The Executive Director may require each person requesting the notice to provide the necessary number of self-addressed, stamped, four-inch by nine and one-half inch envelopes for the purpose of mailing the notice. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code. s 10220. Time and How Called. A special meeting may be called for any day during normal working hours by resolution of the Commission, by written petition of a majority of the full Commission, or by written call of the Chair. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10221. Notice. Notice of any special meeting shall be given as provided in Section 10213. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125, Government Code. s 10230. Time and Reason For. The Chair may call an emergency meeting for any day and time if Commission action is or may be needed in a situation that poses danger to life, health, or property. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.5, Government Code. s 10231. Notice. Members of the Commission shall be notified of an emergency meeting at least thirty-six (36) hours prior to the meeting. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.5, Government Code. s 10232. Prerequisites for Commission Action. The Commission shall not vote on any matter at any emergency meeting unless it first determines by a vote of three-fourths of the members present that the matter may involve danger to life, health, or property and may need Commission action to avoid or mitigate the danger. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code. s 10240. Quorum. A quorum for all Commission meetings shall be fourteen (14) members, of whom thirteen (13) must be non-federal representatives. The Commission shall take no action in the absence of a quorum except that a lesser number of members may adjourn a meeting, may act as a committee to continue a public hearing, and may act as a committee of the Commission for such purposes as the Commission or Chair specified in appointing the committee. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10241. Voting -Number Required to Authorize Action. Except as otherwise provided in Title 7.2 of the Government Code, in Sections 29000 through 29610 of the Public Resources Code, or in these regulations, actions of the Commission, including passage of resolutions not subject to special provisions, shall be by vote of a majority of the members present and voting. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Title 7.2, Government Code; and Division 19, Public Resources Code. s 10242. Procedures -Robert's Rules of Order. The Commission shall follow Robert's Rules of Order unless the rules conflict with Title 7.2 of the Government Code, Sections 29000 through 29610 of the Public Resources Code, or these regulations. The appropriate code section or regulation will govern if such a conflict exists. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10243. Agenda. (a) The Executive Director shall set the agenda for regular meetings. (b) The Chair may alter the sequence of the agenda for any particular meeting if he or she believes such change is desirable. (c) The Executive Director or the Chair may set specific times for the consideration of particular items. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10244. Recording of Meetings. Commission meetings shall be recorded electronically unless equipment failure prevents this. The Commission staff shall retain each recording for at least one year and shall make it reasonably available for replaying at the Commission's offices. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10245. Minutes of Meetings. (a) The Commission shall keep full and accurate minutes of its meetings and make them available to the public. (b) The Executive Director and the Chair at a particular meeting shall sign the minutes. (c) Signed minutes shall be the original evidence of actions taken by the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10246. Public Comment Period. (a) At each Commission meeting, the Commission shall provide the public with an opportunity to address the Commission on any matter on which the Commission has not already held a public hearing and which is not scheduled for a public hearing during the meeting. (b) The Commission may provide the public the opportunity required by subdivision (a) either prior to or as part of Commission consideration of the matter on which comments would be offered. (c) Speakers shall be heard in the order in which they sign up and shall generally be limited to three minutes each. The total time for public comment shall generally be limited to a total of fifteen (15) minutes. (d) The Commission may provide more time to each speaker and may extend the total time available for public comment beyond fifteen (15) minutes if the Commission or the Chair believes that such an extension is necessary to allow a reasonable opportunity for all members of the public who want to testify. (e) Members of the public who believe that they need additional opportunity to communicate with the Commission may present written material to the Commission at any time subject to such deadlines as the Commission or Chair may impose concerning matters for which specific Commission action may be required in the future. (f) The Executive Director shall insure that copies of all written materials received prior to any deadline established by the Commission or the Chair are provided to the Commission in a timely manner. (g) The Commission shall not take any action on any matter raised during the public comment period other than to schedule the matter for a future meeting agenda or to refer the matter to the staff for investigation unless the matter is already scheduled for action by the Commission later in the meeting. Note: Authority cited: Sections 11125.7 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 11125.7, Government Code. s 10250. Duties of the Chair. (a) The Chair shall preside at all meetings of the Commission, shall execute documents for the Commission requiring such executionand shall perform such other duties as the Commission provides by resolution. (b) The Chair shall, in collaboration with and with the concurrence of the Commission, appoint the members and chair persons of the Design Review Board, the Engineering Criteria Review Board, the Citizen's Advisory Committee, and representatives of the Commission to boards, committees, and other commissions as may be necessary. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10251. Duties of Vice Chair. In the absence of the Chair, the Vice Chair shall perform those duties of the Chair that cannot reasonably await the return of the Chair. Note: Authority cited: Section 66632(f), Government Code; and Section 29201, Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10252. Acting Chair. The Chair or, in the absence of the Chair, the Vice Chair or, in the absence of the Chair and the Vice Chair, a majority of the Commission shall appoint an Acting Chair when neither the Chair nor Vice Chair may be available to perform the duties of the Chair. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10260. Executive Director -Appointment and Term. The Commission shall appoint an Executive Director to serve at the pleasure of the majority of the members of the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code. s 10261. Executive Director -Duties and Delegation. (a) The Executive Director shall administer the affairs of the Commission in accordance with the direction and policies of the Commission. He or she shall also appoint such other employees as may be necessary to carry out the functions of the Commission. Appointments of staff members shall be presumed to be approved by the Commission unless the Commission objects by a majority vote at the meeting when the Executive Director announces the appointment. (b) Except as specifically provided by Commission resolution, the Executive Director may delegate the performance of any of his or her functions, including those specifically prescribed by the McAteer-Petris Act, the Suisun Marsh Preservation Act, or by these regulations, but such delegation shall not affect his or her responsibility to see that the directions and policies of the Commission are carried out fully and faithfully. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code. s 10262. Acting Executive Director. (a) The Executive Director shall designate a member of the staff to serve as acting Executive Director while the Executive Director is absent or unable to perform his or her regular duties. (b) If the Executive Director is unable to perform his or her regular duties and has not designated an acting Executive Director, the Chair may perform those duties or may designate an acting Executive Director. (c) The acting Executive Director shall have the same powers, duties, and responsibilities as the Executive Director. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code. s 10270. Membership and Function of Design Review Board. (a) The Design Review Board shall consist of seven (7) members of the design professions, including at least one (1) architect, one (1) landscape architect, and one (1) engineer. (b) The Board shall advise the Commission and the staff on the appearance and design of projects for which a Commission permit or consistency determination is needed, particularly as the project affects public access to the Bay and shoreline. (c) Four members shall constitute a quorum for Board meetings and shall be the minimum necessary for the Board to consider any matter. (d) The Commission may designate up to ten former Board members to act as a pool of alternates to substitute for current Board members who cannot participate in any Board meeting or the consideration of any specific matter at any Board meeting. (e) When fewer than all seven members of the Board will be available to participate in the Board's consideration of a matter, the Executive Director may designate one or more alternate Board members selected from the pool established by the Commission pursuant to paragraph (d) to substitute for the Board member or members who cannot participate in the Board's consideration of and action on that matter so long as the total number of Board members that considers a matter does not exceed seven. (f) When designating an alternate Board member pursuant to paragraph (e), the Executive Director shall select an individual in a professional discipline and with professional experience as mush as possible like those of the Board member who cannot participate in the Board's consideration of the particular matter. (g) Alternate Board members designated pursuant to paragraphs (e) and (f) shall have the same powers and authority to participate in the Board's consideration and action on any matter as a regular Board member. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66635, Government Code; and Section 29520(a), Public Resources Code. s 10271. Membership and Function of Engineering Criteria Review Board. The Engineering Criteria Review Board shall consist of not more than eleven (11) members, including at least one (1) geologist, one (1) civil engineer specializing in soils, one (1) structural engineer, and one (1) architect. The Board shall advise the Commission on problems relating to the safety of fills and of structures on fills. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66633(b), Government Code; Section 29520(a), Public Resources Code; and San Francisco Bay Plan. s 10280. Purpose. Fairness and due process of law are essential elements of responsible government. Public confidence in government is highest when an agency conducts its adjudicatory business openly and impartially. This regulation supplements and helps explain minimum legal requirements concerning the disclosure of communications that occur outside of the normal hearing process and would therefore not be part of the administrative record when the Commission acts on permit applications and on enforcement cases and takes other adjudicatory actions. However, Commission members can, and are encouraged to, disclose more information relative to any communication that occurs outside of the public record to ensure that all Commission members can make informed decisions. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 11430.20, 11430.30, 11430.40, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10281. Definition of an Ex Parte Communication. An ex parte communication is any oral or written communication regarding a pending adjudicatory proceeding between a member of the Commission and either any party to the pending Commission adjudicatory proceeding or a member of the public that does not occur in a Commission public hearing, Commission workshop, or other official Commission proceeding or on the official Commission record for the proceeding. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11405.20, 11405.30, 11405.40, 11405.50, 11405.60, 11405.70, 11405.80, 11410.10, 11410.20, 11430.10, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10282. Definitions of a Quasi-Judicial Proceeding and of a Quasi-Legislative Proceeding. All Commission actions are considered to be either adjudicatory or quasi-legislative. An adjudicatory action by the Commission affects specific rights or interests of an individual or business entity based on specific facts, such as the granting of a permit, the issuance of a cease and desist order, the issuance of a report to the California Energy Commission pursuant to California Government Code Section 66645(d), or Commission review of a federal consistency determination or certification. A quasi-legislative action generally applies to a given class or group of individuals or entities and usually takes the form of a Commission plan amendment, policy, or regulation. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632, 66638 and 66645(d), Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10283. General Policy and Disclosure of Ex Parte Communications. (a) Ex parte communications are prohibited in adjudicatory actions. However, if such a prohibited communication occurs, any Commission member who receives an ex parte communication concerning any adjudicatory matter pending before the Commission shall disclose the content of the communication on the record. (b) The disclosure shall occur prior to or at the same time as the Commission considers the matter that is the subject of the ex parte communication. (c) Compliance with this disclosure requirement regarding the receipt of an ex parte communication in written form shall be accomplished by sending a copy of the written communication and any response to the communication to the Commission Executive Director as soon as practicable. (d) Compliance with this disclosure requirement regarding the receipt of an ex parte communication orally shall be accomplished by submitting a memorandum to the Executive Director for inclusion into the record of the matter that is the subject of the ex parte communication. (e) The memorandum required by paragraph (d) shall include the substance of the communication, any response by the recipient Commission member, and the identity of each person from whom the recipient Commission member received the communication. (f) This policy shall not apply to quasi-legislative matters such as the adoption of or the amendment to a Commission plan, the adoption of or the amendment of a Commission regulation, and Commission comments on proposed or pending legislation. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections11430.10, 11430.40, 66632, and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10284. Permissible Ex Parte Communications. The following types of ex parte communications are not prohibited by these regulations and do not require any disclosure into the record: (a) communications specifically authorized by statute and required for the disposition of an adjudicatory matter; (b) the communication involves a matter of procedure or practice that is not in controversy; (c) the communication is from an employee or representative of BCDC who has not served as an investigator, prosecutor, or advocate during the proceeding or pre-adjudicative state and whose purpose is to assist or advise the Commission; (d) the communication is from an employee or representative of BCDC and concerns a settlement proposal advocated by the employee or representative; and (e) the communication is from an employee or representative of BCDC and involves a non-prosecutorial proceeding. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.20, 11430.30, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10285. When the Policy Applies. (a) The policy established by Sections 10283 and 10284 shall commence to apply for a permit application or a federal consistency determination or certification when an applicant first submits an application, a consistency determination, or a consistency certification to the Commission. (b) The policy shall commence to apply for a Commission enforcement action when the Commission staff mails either a violation report or a complaint for the imposition of administrative civil penalties. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10286. Notification of Parties and Interested Persons. (a) As soon as is practicable, the Executive Director shall notify in writing all parties to a proceeding and all persons interested in the proceeding that a Commissioner has received an impermissible ex parte communication. (b) If the communication was received orally, the Executive Director shall include a copy of the memorandum and any response to the communication required by Sections 10283(d) and (e) with the written notification. (c) If the communication was received in writing, the Executive Director shall include a copy of the written communication with the written notification. (d) In either case, the notice shall also state that the party or person being notified must request an opportunity to address the Commission concerning the communication within 10 days of receiving the notice or the party or person shall waive the opportunity to address the Commission. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10287. Party Opportunity to Respond to an Ex Parte Communication. If a party requests an opportunity to address the Commission concerning the communication within 10 days as required by Section 10286, the Commission shall grant the request and may allow the requesting party to present rebuttal evidence concerning the subject of the ex parte communication. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10288. Ex Parte Communications After the Close of the Public Hearing and After the End of the Time Period for Receipt of Written Communications; Public Comments and Responses. (a) If an oral ex parte communication occurs after the close of the public hearing or a written ex parte communication occurs after the deadline for submitting written comments, the ex parte communication shall be disclosed as required by Section 10283. (b) The Commission Chair or the Commission may determine that the communication contains new or different information pertinent to the decision being made. The Commission Chair or the Commission may also determine that reopening the public hearing is therefore necessary to protect the integrity of the decision-making process. (c) If the Commission chair or the Commission makes both such determinations, it shall circulate the communication to the entire Commission and may reopen the public hearing to allow the public sufficient opportunity to comment on and to rebut the information contained in the communication unless a legal deadline for voting prevents reopening the hearing. (d) If necessary, either the deadline for Commission voting shall be extended or the Commission shall deny the application because of the public's inability to comment on the new or different information. (e) If a conflict occurs between this section and Commission Regulation Section 10430, this section shall take precedence. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.50, 66632 and 66638, Government Code; Sections 29520, 29524 and 29601, Public Resources Code. s 10289. Field Trips. (a) A Commission member may take an individual field trip to the site of a proposed project or a pending enforcement action so long as the Commission member discloses the fact of the field trip and the substance of all that he or she observed to the Commission as soon as practicable afterwards. (b) The Commission's policy on ex parte communications shall apply to any communication that involves a Commission member that occurs during a field trip either by an individual Commission member or by the Commission. Note: Authority cited: Sections 11400.20 and 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11430.10, 11430.20, 11430.30, 11430.40, 11430.50, 66632 and 66638, Government Code; and Sections 29520, 29524 and 29601, Public Resources Code. s 10300. Major Permits. A major permit is any Commission permit other than an administrative permit, an emergency permit, a regionwide permit or an abbreviated regionwide permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29601, Public Resources Code. s 10310. Summary of Prerequisites for Filing a Major Permit Application. The Commission shall file a major permit application pursuant to California Government Code section 66632 only when the applicant has submitted all of the following materials to the Executive Director: (a) one (1) original and six (6) copies of a fully completed and properly executed application form, which these regulations contain as Appendix D; (b) an executed Certificate of Posting of "Notice of Pending BCDC Application" form, which these regulations contain as Appendix E; (c) exhibits to the application form, as described in Appendix F and Section 10625; (d) a check or money order in the amount of all applicable filing fees in compliance with Appendix M; (e) for all projects that constitute a "surface mining operation" under the Surface Mining and Reclamation Act and that are not exempt under Cal. Public Resources Code sections 2714 or 2776, a reclamation plan that complies with Cal. Public Resources Code section 2772; (f) evidence that: (1) all local discretionary approvals (i.e., all approvals other than ministerial permits such as building permits) have been granted, or (2) for subdivisions or other land divisions requiring a Commission permit for which final local approval or disapproval has not been granted, a statement that the local government either favors the project, with or without conditions, or does not favor the project. Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66632(f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan. s 10311. Waiver or Modification of Filing Requirements. (a) Except as provided in subsection (b), the Executive Director may, at his or her sole discretion, waive or modify any or all of the permit application filing requirements contained in Section 10310, Appendix D, Appendix E, and Appendix F if he or she concludes all of the following: the otherwise required information is not necessary (1) to determine whether the proposed activity would be consistent with all applicable laws and policies, (2) to allow the government agencies specified in Section 10360 to review and comment on the proposed project, and (3) to provide adequate public notice of the project. (b) The Executive Director may not waive or modify either (1) the requirement that a permit application must obtain all local discretionary governmental approvals pursuant to Government Code Section 66632(b) and Regulation Section 10310(f), (2) the applicable filing fee for the application, or (3) the requirement that the application include all public improvements and public utility facilities necessary or incidental to the proposed project and the names and mailing addresses of all public agencies or public utilities that will have ownership or control of the public improvements and public utility facilities if the permit is granted and the project built. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942 and 66632, Government Code; and Section 29520, Public Resources Code. s 10312. Postponement of Filing Requirements. The Executive Director may, at his or her sole discretion, postpone the time when an applicant must submit any of the information for which the Executive Director can waive submittal under Section 10311 if: (1) the Executive Director decides that the information is not necessary at the time of filing, (2) the applicant agrees to provide the information at such time as the Executive Director requests, and (3) the applicant acknowledges in writing that the Commission may deny the application if the applicant does not provide the information when the Executive Director requests it because the Commission lacks sufficient information to determine whether the application is consistent with all applicable policies. Note: Authority cited: Section 66632(f), Government Code; and Section 29201, Public Resources Code. Reference: Sections 65944 and 66632, Government Code; and Sections 2714, 2728, 2733, 2735, 2771, 2772, 2773, 2774 and 29520, Public Resources Code. s 10313. Parcel Map. Note: Authority cited: Section 66632(f), Government Code; and Section 29601, Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Government Code; and Section 29520, Public Resources Code. s 10314. List of Affected Property Owners. Note: Authority cited: Section 66632(f), Government Code; and Section 29601, Public Resources Code. Reference: Sections 65940-65942 and 66632(d), Government Code; and Section 29520, Public Resources Code. s 10315. Submittal of Design Review Board Materials. (a) An applicant for a Bay Commission permit for a project that requires review by the Design Review Board shall submit, except as provided in subsection (g) below, all of the following to the Commission staff at least 14 days prior to the schedule Design Review Board meeting at which the Board will review the project: (1) a description of the proposed project that complies with subsection (b) of this section; (2) an 8 1/2 " by 11 " vicinity map that complies with Appendix F; and (3) ten (10) copies, 8 1/2 " by 11 " in size, and one (1) copy, at a scale of either 1 " = 20 ', 1 " = 30 ', or 1 " = 40 ' and which can be read from a distance of 20 feet, of each of the following: (A) a site plan that complies with subsection (c) of this section, (B) a public access detail plan that complies with subsection (d) of this section, (C) one cross section that designates the elevations of and clearly illustrates the relationship between 1. the shoreline, 2. the top of the bank, 3. any existing or proposed public access path, 4. the floor of a representative structure, and 5. the top of a representative building, and (D) if the public access being proposed for a project contains two or more public access areas that differ substantially in quality or width or distance from the line of highest tidal action, additional cross sections for each such different public access area that provide the information required in subsection 10315(a)(3)(C). (b) The description of the proposed project shall contain the following information: (1) proposed uses of the project; (2) the dimensions, areas, and height of all structures; (3) the area of the parcel(s) on which the project will be constructed, the area of the parcel(s) that is upland, the area of the parcel(s) that is tideland, and the area of the parcel(s) that is submerged lands; (4) the length of the shoreline measured along the shoreline; (5) the area of the project site that is located within the Commission's "shoreline band" jurisdiction pursuant to Govt. Code section 66610(b); (6) the area of proposed public access; (7) the status of the project in the local governmental approval process; (8) the amount of proposed dredging; (9) the amount of proposed riprap or other shoreline protection; and (10) the volume of proposed fill in cubic yards and the area of proposed fill in square feet. (c) The site plan shall show or contain the following information: (1) the location and dimensions of all proposed solid fill, buildings, bulkheads, piers, docks, decks, pipes, outfalls, and other similar structures; (2) the location and elevation of all existing and proposed riprap; (3) the footprints of all existing buildings to be removed (outlined with dashed lines), all existing buildings to remain (outlined with solid lines), and all proposed buildings (outlined with solid lines with interiors shaded); (4) existing and proposed service areas for delivery, storage, garbage, and other similar uses; (5) existing and proposed fences, with type of material(s) and height; (6) existing and proposed on-site driveways, streets, drop-off areas, and parking; (7) existing and proposed pedestrian circulation, including sidewalks and paths; (8) existing and proposed public access areas, including paths, plazas, and landscaped areas; (9) areas of marsh, salt pond, managed wetland, and mudflats; (10) existing and proposed contours; (11) all existing and proposed easements across the site; (12) if a marina is included in the project: (A) the berthing layout; (B) the dimensions for docks and ramps and an indication if they are supported by pilings or are floating; (C) the location and dimensions of the drop-off areas; (D) the location of all security gates; (E) the location of all gear storage areas; (F) the location and dimensions of the harbormaster office; (G) the location of all restrooms; (H) the location of all existing and proposed showers; (I) the location of all existing and proposed gas docks; (J) the location of all existing and proposed pumpout facilities; (K) the location of all existing and proposed oily waste disposal facilities; (L) the location of all existing and proposed launch ramps or hoists; (M) the location of all existing and proposed small boat trailer parking and storage; and (N) the location of all existing and proposed guest berthing. (d) The public access detail plan shall show or contain the following information: (1) the locations and dimensions of all existing and proposed areas of fill for public access; (2) the locations, typical widths, and typical elevations of all existing and proposed paths; (3) the location, dimensions, and elevations of all existing and proposed seating areas; (4) the location and dimensions of all existing and proposed irrigated landscaped areas (distinguish areas containing either trees, tall shrubs, low shrubs, groundcover, or lawn); (5) the location and dimensions of all existing and proposed nonirrigated landscaped areas (distinguish areas containing either trees, tall shrubs, low shrubs, groundcover, and lawn); (6) the location and height of all existing and proposed berms or mounds; (7) the location and type of all existing and proposed lighting; (8) the location of all existing and proposed restrooms; (9) the types of paving materials; (10) the location and number of spaces of all existing and proposed public parking; (11) the location of all existing and proposed public access signs; (12) the location of all connections from existing or proposed public access to the nearest public areas or public sidewalks; (13) the location and dimensions of all existing and proposed view corridors; (14) seasonal wind directions; (15) the location and dimensions of all areas of midday shadow cast by structures on the longest and shortest days of the year; and (16) dimensions of the minimum, maximum and average widths of the overall public access areas. (e) The cross section(s) required by subsection 10315(a)(3)(C) and 10315(a)(3)(D), the site plan required by subsections 10315(c), and the public access detail plan required by subsection 10315(d) shall all contain the following information: (1) a title; (2) the name and address of the person who prepared the plan; (3) the date of the plan; (4) a north arrow; (5) a scale; (6) the location and the elevation of the line of highest tidal action; (7) the location and elevation of the top of the bank; (8) the location and elevation of the landward limit of the Commission's 100- foot shoreline band jurisdiction; (9) the location and dimensions of all parcel lines; and (10) the location of any contiguous parcels owned by an applicant or coapplicant. (f) All elevations shown on the cross-section(s), the site plan, or the public access detail plan shall be shown in National Geodetic Vertical Datum. (g) The Executive Director may modify or waive any or all of the project description, site plan, public access plan, elevations, or tidal datum reference point requirements of this section if he or she determines that the information is not necessary for Design Review Board evaluation of the proposed project. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Public Access, Finding b (page 26), Policy 9 (page 28); and Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24 Cal.App. 4th 1050, 29 Cal. Rptr. 2d 518. s 10316. Submittal of Engineering Criteria Review Board Materials . An applicant for a Bay Commission permit for a project that requires review by the Engineering Criteria Review Board (ECRB) shall submit to the Commission staff, at least 14 days prior to the scheduled ECRB meeting at which the Board will review the project, all of the following: thirteen 12' x 18' reductions of any geotechnical reports, structural plans, engineering analyses and design calculations needed to accommodate ECRB review Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: San Francisco Bay Plan, Safety of Fills, Findings a, b, c (page 13), and Policies 1 and 2 (pages 13 and 14) s 10350. When an Application Is Submitted for Filing. (a) An application shall be submitted for filing and the thirty (30) day time period required by California Government Code Section 65943 shall begin to run when an executed application form is received at the Commission's offices unless the applicant requests in writing that the application not be accepted as submitted for filing at that time. (b) If the applicant requests in writing that the application not be accepted as submitted for filing when an executed application form is received at the Commission's offices, the application shall thereafter be submitted for filing and the thirty (30) day time period required by California Government Code Section 65943 and the time periods imposed by California Government Code Section 66632 and either California Government Code Section 65950 or 65952 shall begin to run when the staff receives written notification from the applicant that he or she requests the application be accepted as submitted for filing. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 65943, Government Code. s 10351. Method of Filing. (a) If the Executive Director decides to file an application, the original executed application, all exhibits thereto, and all other relevant documents shall be stamped "Filed BCDC" with the date of filing. (b) If the Executive Director decides that an application cannot be filed, the original executed application, all exhibits thereto, and all other relevant documents shall be stamped "Not Filed BCDC" with the date of the Executive Director's decision. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943, 65950-65957.1 and 66632, Government Code; and Section 29520, Public Resources Code. s 10352. Notification of Filing Decision. Written notification of the Executive Director's decision not to file an application shall occur at the time the letter is mailed if notification is by mailing or at the time of presentation if written notification is presented to the applicant in person. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Section 29520, Public Resources Code. s 10353. Appeal from the Executive Director's Determination Not to File an Application. (a) An applicant may appeal the Executive Director's decision not to file an application. The appeal shall be in the form of a letter to the Executive Director. The letter shall explain the reasons for the appeal and include all facts and materials the applicant believes are relevant to the appeal. (b) The applicant shall submit the letter of appeal within ten (10) working days of receiving written notice of the Executive Director's decision not to file the application. (c) The Executive Director shall schedule the appeal for hearing and vote by the Commission as soon as practicable following receipt of the applicant's appeal letter. (d) The Commission shall by a majority vote of those present and voting determine whether to uphold the Executive Director's determination or to order the permit application filed. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Section 29520, Public Resources Code . s 10360. Distribution of Applications. The Executive Director shall distribute one (1) copy of the application and drawings to the following persons or agencies: (a) U.S. Army Corps of Engineers (San Francisco or Sacramento District); (b) California Department of Fish and Game (Manager, Region III); (c) San Francisco Bay Regional Water Quality Control Board; (d) State Lands Commission; (e) Deputy Attorney General assigned to the Commission; and (f) U.S. Fish and Wildlife Service (Sacramento Office). Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(d), Government Code; and Section 29520, Public Resources Code. s 10370. Non-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 nonmaterially 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 non-material amendment to a permit application by letter that specifies the nature of the amendment and is signed by the applicant or his or her authorized representative. (c) After the submittal of a request to amend nonmaterially a pending application for a major permit, the Executive Director shall determine whether or not to file the amended application based on whether the amendment to the application will or will not materially change the application. If the Executive Director concludes that the amendment will materially change the application, he or she shall refuse to file the amended application and shall return it to the applicant with a written statement of the reasons why he or she believes that the amendment would materially change the application and a statement that the applicant must now submit a new application that complies with the filing requirements of Section 10310 for the project as amended to amend the application, and shall continue to process the original application. If the Executive Director determines that the amendment will not materially change the application, he or she shall file the amended application and shall continue to process and the Commission shall act on the amended application in accordance with the Commission's regulations for processing and acting on major permit applications. (d) The filing of a request for a nonmaterial amendment to a pending major permit application shall automatically supersede the original application, and the amended application shall thereafter be the only application considered as pending before the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632, Government Code; and Sections 29520 and 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal.App.3d 395, 940. s 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 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. 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. s 10372. Effect of Refusal to Withdraw Original Application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10380. Contents. (a) The Executive Director shall prepare a summary of each application for a major permit that has been filed. The summary shall be brief and understandable, shall fairly present the substance of the application and shall quote from the application wherever appropriate. (b) The Executive Director may attach staff comments to the summary that shall be clearly labelled to distinguish them from the summary and shall point out questions of fact, applicability of San Francisco Bay Plan policies, Suisun Marsh Protection Plan policies, approved local protection program policies, related previous applications, issues identified by the staff, and other relevant matters (c) The Executive Director may illustrate the summary with the maps or drawings furnished by the applicant and may attach other maps or drawings that would help to present fairly the substance of the application. (d) If the Commission has prepared an environmental assessment, it shall be included as part of the application summary. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66653, Government Code; and Section 29601, Public Resources Code. s 10381. Distribution of Application Summary. (a) If the Commission did not prepare an environmental assessment, the Executive Director shall distribute the application summary and staff comments to all Commissioners, to the applicant, to all agencies listed in section 10360, to all affected cities and counties, to all individuals and organizations who have requested distribution in writing, and to all other persons thought to have a particular interest in the application, no less than ten (10) days prior to the scheduled public hearing. (b) If the Commission prepared an environmental assessment, the Executive Director shall distribute the application summary no less than thirty (30) days prior to the scheduled public hearing to all responsible agencies as defined in the California Environmental Quality Act and to all persons and entities listed in section 10381(a). Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Sections 29500, 29501 and 29520, Public Resources Code. s 10400. Scheduling Initial Hearing. (a) No public hearing on any permit application shall be held sooner than the twenty-eighth (28th) day following the day of "receipt" of the application, except when the Executive Director determines that: (1) hearing the application sooner than the twenty-eighth (28th) day will not cause hardship to the Commission, to other permit applicants, and to others interested in the application; and (2) adequate time exists to prepare and to mail an application summary and notice of the public hearing. (b) If the Executive Director determines to hold a public hearing sooner than the twenty-eighth (28th) day following "receipt" of the application, he or she shall summarize these determinations and the facts on which it was based in the meeting notice required by these regulations. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10401. Notice to Applicant and Interested Parties. (a) At least ten (10) days prior to the initial public hearing, the Executive Director shall notify each applicant and all persons to whom the Executive Director must mail an application summary of the date of the hearing and the general procedure of the Commission concerning hearings and actions on applications. (b) Notice to an applicant's representative as designated on the completed permit application form shall constitute notice to the applicant. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10402. Hearing Postponement. The Executive Director may postpone a public hearing on a permit application if the postponement will not prevent the Commission from voting on an application within the time limits set out in Government Code Section 66632 and Government Code Sections 65950 through 65957.1. In deciding whether to postpone a public hearing, the Executive Director shall consider the following factors: (a) whether the applicant requested a postponement; (b) whether the applicant waived in writing the time period for voting set forth in Government Code Section 66632 and extended in writing the time period set forth in Government Code Sections 65950 through 65957.1; (c) the effect that the postponement would have on the coordination and scheduling of other agenda items; and (d) the cost of the postponement and the effect it would have on the convenience to the Commission, the staff, and the public. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632, 65950-65957.1, Government Code; and Section 29520(a), Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal. App. 936, 940. s 10410. Order of Hearing. (a) The Commission's public hearing on a permit application shall proceed in the following order: (1) the Chair shall open the public hearing; (2) the Executive Director or the Chair shall identify the application and any correspondence received by the Commission relative to the application; (3) the applicant or his or her representative may present any material to expand on the application summary; (4) other persons may speak concerning the application; (5) the applicant may rebut or comment on what the applicant believes to have been incorrect or misleading factual information given during the hearing; and (6) to continue it to a subsequent meeting the Commission may either close the public hearing, continue it to a subsequent meeting, or leave the hearing open for additional written comment only. (b) Except in extraordinary circumstances, no person shall speak more than once to an application. Additional comments, including rebuttal to remarks of other speakers, shall be made in writing for subsequent distribution to the Commission and interested parties. (c) The Chair may establish time limits for presentations made during a public hearing. (d) Commissioners may ask questions at any time as time allows. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10411. Post-Hearing Questions and Statements. (a) After the close of a public hearing, Commissioners may still direct questions or comments to the Executive Director or the applicant. (b) The staff shall treat written comments received after the close of the public hearing according to Sections 10430 and 10431 so long as the Commission receives them within any time limits that the Commission may set. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10412. Field Trips. (a) Whenever the Commission takes a field trip to the site of any proposed project, the Commission meeting notice shall state that the Commission intends to take a field trip, and the Chair shall admonish the Commission members that they shall inform the Commission at the next Commission meeting of any substantive communications they had at the field trip regarding the application with anyone other than a member of the staff or with other Commissioners. The minutes of the next Commission meeting at which the Commission discusses the application shall note the fact of the field trip. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 11120-11131, Government Code; and Section 29520(a), Public Resources Code. s 10420. Continued Hearings. The Commission should complete a public hearing on an application in one Commission meeting. However, the Chair may decide or the Commission may vote at the public hearing to continue a public hearing to a subsequent meeting if it believes that: (a) too many speakers exist to be heard within the time reasonably available, or (b) questions have been raised or amendments to the application or conditions have been proposed on which the public should have an opportunity to comment after time for reflection. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10421. Application Withdrawal and Removal from Active Consideration. (a) At any time before the Commission begins to vote on an application, an applicant may either withdraw the application permanently or may remove the application temporarily from the Commission's active consideration. (b) An applicant shall withdraw an application permanently either by a signed written document or by stating the fact of the withdrawal on the record at a Commission meeting. Withdrawal shall not require Commission concurrence. (c) An applicant shall remove an application temporarily from active consideration either by a signed written document or by stating the fact of the removal on the record at a Commission meeting. In either case, the applicant 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. (d) The applicant may remove an application from active consideration once without Commission concurrence and any number of additional times with the concurrence either of the Executive Director or the Commission if the applicant complies with the requirements of subdivision (c) of this section. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; Section 29520(a), Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) 115 Cal. App. 3d 935, 940. s 10422. Necessity of Additional Public Hearing After Delay. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10423. Procedures for a Hearing on a Materially Amended Application. If the Executive Director files a materially amended permit application under Section 10371, the Commission shall hold an additional public hearing on the materially amended application. The Executive Director shall prepare and distribute a new or revised application summary of the amended application or an addition to the existing summary at least ten (10) days prior to the hearing on the amended application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10430. Distribution of Comments. (a) Except as provided in Section 10431, the Executive Director shall promptly reproduce the text of all written communications concerning applications that the Executive Director, the Commission, or the Chair has received and shall promptly distribute the texts to the parties named in Section 10381 if the staff receives the comments either no later than 5 p.m. on the Tuesday following the close of the public hearing, provided that if the Commission votes on an application on the same day as it closes the public hearing, no written comments will be accepted after the close of the public hearing, or prior to such other deadline that the Commission may establish, provided that if an applicant submits and the Executive Director files a nonmaterial amendment to the application less than seven days prior to the close of the period for accepting written comments from the public, the public can submit written comments on the amendment at any time prior to the Commission vote on the amended application and the Executive Director shall reproduce and distribute those comments in the same manner. (b) The Executive Director shall not reproduce and distribute written communications pertaining to a permit application received later than 5 p.m. on the Tuesday following the close of the public hearing or after such other deadline that the Commission, the Chair, or the Executive Director may establish at the Commission meeting at which the Commission holds the public hearing on the application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10431. Treatment of Similar Communications. When the Commission or the Chair receives more than five (5) similar communications, the texts do not need to be reproduced, but the Executive Director shall inform the Commission of the names and addresses of the senders and of the substance of the communications. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10500. Staff Recommendation. (a) The Executive Director shall prepare a recommendation for presentation at the meeting at which the Commission will vote on an application. (b) The Executive Director's recommendation shall be in the form of a proposed Commission resolution that complies with Section 10501 if it recommends approval or that complies with Section 10502 if it recommends denial. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10501. Contents of Resolution of Approval. A resolution granting an application in whole or in part shall: (a) summarize briefly but completely the project to be approved and any differences from the project described in the application; (b) authorize the project; (c) state clearly and briefly the terms and conditions to which the permit will be subject; (d) state the specific findings of fact that support, as applicable, all of the following conclusions: (1) that the project conforms to either: (A) the relevant provisions of California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the project comes under the Commission's jurisdiction under California Government Code Sections 66610 and 66632, or (B) the relevant provisions of California Public Resources Code Section 29000 through 29612, the San Francisco Bay Plan, and the Suisun Marsh Protection Plan if the project comes under the Commission's jurisdiction under California Public Resources Code Sections 29101, 29500, and 29501 and there is no certified local protection program for the Suisun Marsh, or (C) the relevant provisions of California Public Resources Code Sections 29000 through 29612, the San Francisco Bay Plan, and the Suisun Marsh Protection Plan or of the certified local protection program for the Suisun Marsh if a certified local protection program exists and if the project comes under the Commission's jurisdiction under California Public Resources Code Section 29101, 29500, and 29501. (2) that the project is consistent with the public trust needs for the area; (3) that if the Commission is a responsible agency, either the project is statutorily or categorically exempt or that the lead agency has prepared and certified either a negative declaration or an environmental impact report on which the Commission has relied; and (4) that if the Commission is the lead agency, either the project is statutorily or categorically exempt or the terms and conditions of the Commission permit together with the actions of other agencies make the project consistent with California Public Resources Code Sections 21000 through 21177. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 66602.1, 66603, 66605, 66632(f) and 66632.4, Government Code; and Sections 21000-21176 and 29520(e), Public Resources Code. s 10502. Contents of Resolution of Denial. A resolution denying an application shall state specifically the grounds for the denial based on findings and declarations, relevant facts, statutory criteria, and San Francisco Bay Plan policies, and Suisun Marsh Protection Plan policies and the policies of the certified local protection program, in a manner analogous to that provided in Section 10501. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Sections 21000-21176 and 29520(a), Public Resources Code. s 10503. Terms and Conditions. (a) The terms and conditions to which a permit is made subject, such as those relating to alternatives or measures to reduce or offset adverse impacts on the resources of the Bay, priority use areas, or public access, may concern any subject that is within the scope of the California Government Code Sections 66600 through 66661, California Public Resources Code Sections 29000 through 29612, the Commission's San Francisco Bay Plan, including any adopted Special Area Plan, the Suisun Marsh Protection Plan, the certified Local Protection Program for Suisun Marsh, Sections 3 and 4 of Article X of the California Constitution, the Management Program, and any other legislation that grants the Commission regulatory authority and that is also reasonably related to the project. (b) Each permit shall contain conditions that the Commission has approved as part of the resolution approving the project. (c) The terms and conditions of a permit shall normally remain effective so long as the permit remains effective, the uses authorized in the permit remain in effect, or the structures authorized in the permit remain standing, whichever is longer, unless the condition specifies differently. (d) The terms and conditions of a permit shall bind all future owners and possessors of the property unless the Commission sets an expiration date or provides that the condition(s) shall apply only to the applicant or other specifically named party. (e) The terms and conditions of a permit that authorizes the placement of fill or the extraction of materials shall specify dates by which the placement of fill or the extraction of materials shall commence and shall be completed. If the permit does not specify a date by which the placement of fill or the extraction of the material must be completed, the permittee must complete the placement or extraction within three (3) years of the date on which the Commission approved the permit. If the placement of the fill or the extraction of the material is not completed by the date specified in the permit or, if the permit specifies no date, by three (3) years from the date the Commission approved the permit, the authorization shall become null and void, although other conditions of the permit will still be binding. These time limitations may be extended by amendment of the permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 66602.1, 66603, 66605 and 66632(f), Government Code; and Sections 21001, 21002.1, 21004, 21080.5, 29506 and 29520(a), Public Resources Code. s 10504. Staff Recommendation -Presentation. Before any motion on an application may be made, the Executive Director shall present the staff recommendation to the Commission. The Executive Director should mail the staff recommendation in writing to the Commission, the applicant, and each interested party from whom a written request has been received at least six (6) days prior to the meeting at which the matter is noticed. However, if the Executive Director cannot do so, he or she shall read the recommendation in full to the Commission at the meeting at which the matter is noticed for voting or provide copies of a written recommendation to each Commissioner and each interested party present at the meeting at which the matter is noticed. When copies are provided, the Chair shall allow sufficient time for each person to read the recommendation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10505. Applicant's Comments and Commission Questions. (a) The applicant or the applicant's representative shall have an opportunity to state briefly and specifically his or her views on the Executive Director's recommendation immediately following the presentation of the recommendation. (b) If the Executive Director has not mailed his or her recommendation to the applicant at least six (6) days prior to the meeting at which he or she scheduled the vote and if the applicant states that he or she is not prepared to state his or her views on the recommendation, the applicant may request postponement of the matter until the Commission's next scheduled meeting. (c) If such a postponement would not extend beyond the expiration of the ninety (90) day period established by subdivision (f) of Government Code Section 66632 and beyond the time limit established by Government Code Sections 65950 through 65957.1, the applicant's comments and all Commission discussion, further questions, and voting shall be automatically postponed to the next scheduled Commission meeting. (d) If such a postponement would extend beyond the expiration of the ninety (90) day period established by Government Code Section 66632, further action on the application shall be postponed only if the applicant agrees on the record to extend that period to allow the Commission to vote. (e) If such postponement would extend beyond the expiration of the time limits established by Government Code Sections 65950 through 65957.1, further action on the application cannot be postponed. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950-65957.1 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10510. Time for Voting. The Commission shall vote on an application at the same meeting as the meeting at which the Commission closes the public hearing unless either (1) one or more Commission member objects, (2) the Executive Director withdraws the tentative recommendation because he or she believes that an issue or issues were raised at the public hearing that the tentative recommendation does not adequately address, (3) the Executive Director is not prepared to present a recommendation, (4) voting at the same meeting is inconsistent with existing law or regulation, or (5) the meeting notice for that meeting does not state that the Commission may vote on the application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco (1980) 106 Cal. App. 3d 893, 906-907. s 10511. Straw Votes. The Commission will take a straw vote on any question if the Chair believes that it will facilitate consideration of any application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10512. Voting Procedure. (a) Any voting member may move to vote on an application. The motion shall be to approve the application, either with or without conditions. (b) The Commission shall vote on permit applications by roll call in alphabetical order except that the Chair shall vote last. (c) Votes by the Commission shall only be on the affirmative question of whether the permit should be granted, i.e., a "yes" vote shall be to grant a permit (with or without conditions) and a "no" vote shall be to deny a permit. (d) Any member may change his or her vote only before the Chair announces the results of the vote. (e) Thirteen (13) or more "yes" votes shall mean that the Commission has approved the application with such conditions as the motion contained. (f) Less than thirteen (13) "yes" votes shall mean that the Commission has denied the application. (g) Once the Chair announces the results of the vote, it shall be the final action on the application except as provided in Section 10514 for the adoption of findings to support the Commission's actions. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco (1980) 106 Cal. App. 3d 893, 906-907. s 10513. Voting by Members Absent from Hearing. (a) A member may vote on any application despite having been absent from the public hearing(s) on the application if he or she has read the minutes of the hearing(s) and has had an opportunity to ask questions concerning the application at a Commission meeting before voting. (b) Prior to commencing a roll call on any application, the Chair should ask members who were not present at the hearing(s) on the application to indicate for the record that they have read the application summary and the minutes of the hearing(s) and are prepared to vote. (c) Inadvertent failure to follow the procedure set out in paragraph (b) of this section shall not invalidate the vote. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; and Le Strange v. City of Berkeley (1962) 210 Cal. App. 2d 313, 325. s 10514. Commission Findings on Permits. (a) If the Commission vote is consistent with the Executive Director's recommendation, the findings and conclusions contained in the recommendation shall become the Commission's findings and conclusions unless the Commission expressly adopts different or additional findings. (b) If the Executive Director recommends approval and the Commission approves the application with additional terms or conditions or different terms or conditions than those recommended by the Executive Director, those members of the Commission who voted for approval shall state their reasons for requiring the additional or different terms or conditions after the vote becomes final. (c) If the Executive Director recommends approval and the Commission denies the application, all members who vote "no" on the application shall state their reasons for their "no" vote after the vote becomes final. (d) If the Executive Director recommends denial and the Commission votes to approve the application, all members who vote "yes" shall state their reasons for their "yes" vote after the vote becomes final. (e) When the Commission has voted on a permit application in a manner that is not consistent with the Executive Director's recommendation, the Executive Director shall prepare draft findings based on the statements made by those Commission members who voted consistent with the outcome of the vote and on such other materials as the Executive Director believes is necessary to support the Commission's decision legally or is otherwise appropriate. The Executive Director shall present proposed findings to the Commission at the meeting following the vote on the application, at which time the Commission shall vote on the proposed findings. Only those Commission members who voted consistent with the prevailing decision may vote on whether or not to adopt the proposed findings. The vote shall be by a majority of those present and voting. If those present and voting do not adopt the proposed findings that the Executive Director has submitted, they can either make such changes as they determine are appropriate and adopt the findings at that meeting or direct the Executive Director to prepare further proposed findings and submit them to the Commission at the next meeting, in which case those who voted consistent with the prevailing decision may again vote on whether to adopt the further proposed findings. This cycle shall continue until the Commission has adopted findings to support its decision. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; Section 29520(a), Public Resources Code; Sierra Club v City of Hayward (1981) 28 Cal. 3d 840, 858-60; Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal. 3d 506, 514-17; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco, (1980) 106 Cal. App. 3d. 893, 906-907. s 10515. Specific Action. The approval of an application by its receiving thirteen (13) or more "yes" votes or the denial of an application by its receiving less than thirteen (13) "yes" votes shall be the "specific action" granting or denying the permit as required by the second sentence of subdivision (f) of Government Code Section 66632. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10516. Environmental Documentation Required for Public Hearing and Vote on Major Permit. Before the Commission may hold a public hearing and vote on a major permit, the Commission must receive a copy of any required environmental determination and certified environmental document issued by the lead agency, as follows: (a) If a negative declaration or environmental impact document for a project must be certified by the lead agency under the California Environmental Quality Act (CEQA), then the applicant may submit the certification and document as part of the permit application. (b) When the certification and document are not submitted as part of the permit application, either (1) the applicant must submit a copy of the certification and document before the Commission holds a public hearing and votes on the permit, or (2) the Commission shall deny a permit for the project. Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65941 and 66632(f), Government Code; and Sections 21000(g) and 29520, Public Resources Code. s 10520. Contents of Permits. Permits shall be signed by the Executive Director and shall include: (a) the text of the Commission's resolution of approval, including all conditions, with all necessary exhibits and the vote of approval; (b) any other language or drawings, in full or incorporated by reference, that are consistent with the Commission's resolution of approval, and required to clarify or facilitate carrying out the intent of the Commission; (c) provisions for "all public improvements and public utility facilities which are necessary or incidental to the project," as determined by the Executive Director; (d) an unexecuted notice of receipt; and (e) an unexecuted notice of completion. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10521. Mailing to Permittee(s). (a) The Executive Director shall sign and shall mail the permit to all permittee(s) within fifteen (15) working days following the approval, provided that if the permit authorizes the disposal of any dredged material in either the Commission's "San Francisco Bay" jurisdiction or the Commission's "certain waterways" jurisdiction, the applicant must also submit a user fee as provided for in section 10522 before the Executive Director shall sign and mail the permit. (b) Within five days of the Commission approval, an applicant may request in writing that the Executive Director extend to 30 working days the time period specified in subsection (a) within which the Executive Director must issue the permit. Upon receipt of such a timely request, the Executive Director shall not issue the permit until the permittee agrees to its issuance or until the 30th working day after the approval of the permit application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10522. User Fees for Disposal of Dredged Material Into Commission's "Bay" or "Certain Waterways" Jurisdictions. (a) For the disposal of dredged materials into either the Commission's "San Francisco Bay" jurisdiction or the Commission's "certain waterways" jurisdiction other than as part of a "beneficial use project," as defined in subsection (c), the applicant shall submit prior to the issuance of any permit a check or money order in the amount equal to the product of $0.07 multiplied by the number of cubic yards proposed to be disposed. (b) If the sum of all user fees collected pursuant to this section to help finance the Commission's participation in the Long Term Management Strategy program exceeds $210,000, the Commission shall not require any further user fees pursuant to this section and shall return to all permit applicants all user fees collected in excess of $210,000. (c) "Beneficial use projects," as that term is used in California Government Code Section 66667(b) and in these regulations, are those projects in the Commission's "San Francisco Bay" or "certain waterway" jurisdictions where the dredged material will be used (1) as construction material, and (2) in one of the following types of projects: (A) habitat improvement; (B) repair or improvement of levees; (C) port or public access facilities; or (D) other Commission-approved fill projects. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66667, Government Code. s 10523. Distribution of Permit Copies. The Executive Director shall send a copy of the permit to the appropriate U.S. Army Corps of Engineers District Engineer and to any other person or organization who has requested in writing receipt of a copy. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10524. Notice of Permit. Notice of the issuance of a permit in which the Commission has prepared an environmental assessment and is acting as lead agency shall be filed with the Secretary of the Resources Agency. Note: Authority cited: Section 66632(), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Sections 21108(a) and 29520(a), Public Resources Code. s 10525. Notice of Receipt and Acknowledgment. A permit shall not become effective and the permittee(s) shall not start work on the project until the Commission receives the original permit on which all permittees have acknowledged that they have received the permit and understand and accept the contents of the permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10526. Disputes over Contents of a Permit. (a) Any permittee who believes that the permit issued does not correctly embody the action of the Commission shall inform the Executive Director in writing of the disagreement within thirty (30) days of receipt of the permit. (b) The permittee, the Executive Director, and the Chair shall consult and resolve the dispute if possible. (c) If the permittee, the Executive Director, and the Chair cannot resolve the dispute, the Executive Director shall refer the dispute to the full Commission for resolution. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10530. Notification of Denial of Permit Application. (a) The Commission shall notify an applicant of the denial of a permit application in a letter that includes the text of the Commission's resolution of denial or the reasons for denial and the vote thereon. (b) The Executive Director shall sign each notification of denial and shall mail it to the applicant(s) no later than fifteen (15) working days following the denial. (c) The Executive Director shall send copies of the notification of denial to the U.S. Army Corps of Engineers District Engineer and to any other person or organization who has requested in writing notification of the denial. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10540. Notice of Completion. The permittee(s) shall file an executed notice of completion with the Executive Director within two (2) weeks of completion of the work authorized in the permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520(a), Public Resources Code. s 10600. Administrative Permit. "Administrative permit," sometimes referred to as a "minor permit," means a permit issued for minor repairs or improvements. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520(a), Public Resources Code. s 10601. Minor Repairs or Improvements. "Minor repairs or improvements" means any activity for which a Commission permit is required, that is either (a) necessary to the health, safety, or welfare of the public in the entire Bay Area, (b) consistent with the Government Code sections 66600 through 66661 and the San Francisco Bay Plan, or (c) consistent with the Public Resources Code sections 29000 through 29612 and Suisun Marsh Protection Plan or with the certified Suisun Marsh Local Protection Program, and that falls into one or more of the following categories: (a) with respect to activities in San Francisco Bay: (1) the construction of a new single boat dock no larger than 1,000 square feet or a new multiple boat dock no larger than 5,000 square feet, or up to 20,000 square feet of expansion of boat docking facilities within an existing marina; (2) the installation of new protective works and repairs to existing protective works, such as bulkheads and riprap, that meet the following criteria: (A) the size of the new work(s) or the repairs to the existing work(s) constitute the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat, and (B) the new work or repairs to existing work(s) would cover less than 10,000 square feet of the horizontal projection of the work below the shoreline; (3) the placement of piles to support extensions of portions of principal structures, as defined in section 10702(b), over the water where the total of any such extensions would not exceed 1,000 square feet in area; (4) the placement of outfall pipes approved by the California Regional Water Quality Control Board, San Francisco Bay Region; (5) the placement of utility cables on or under the bottom of the Bay; (6) routine repairs, reconstruction, replacement, removal, and maintenance that do not involve any substantial enlargement or change in use; (7) minor fill for improving shoreline appearance that complies with section 10700 and that does not exceed 1,000 square feet in area; and (8) minor fill for improving public access that complies with section 10701 and that does not exceed 1,000 square feet in area. (b) with respect to activities in the 100-foot shoreline band: (1) the placement of small amounts of inert inorganic fill, the extraction of small amounts of materials, or a substantial change of use of any area so long as the placement, extraction, or change in use does not have a significant adverse effect on present or possible future maximum feasible public access to the Bay consistent with the project, on present or possible future use for a designated priority water-related use, and on the environment; (2) the construction of one- and two-family residences and ancillary residential structures on any parcel except in cases where the parcel was subdivided after June 17, 1987 and the subdivision was not authorized by a Commission permit, or when the residence would adversely affect existing physical or visual public access, or affect potential visual public access; (3) any substantial change in use of a structure built on pilesplaced over the Bay prior to September 17, 1965 where the change in use does not involve any change in the structure, piles, or the extent of water coverage; (4) the installation of new protective works and repairs to existing protective works, such as bulkheads and riprap, in the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat; (5) routine repairs, reconstruction, replacement, removal, and maintenance that do not involve any substantial enlargement or any substantial change in uses; and (6) any subdivision of land or other division of land. (c) with respect to activities in salt ponds and managed wetlands: (1) the reconstruction of existing power transmission towers, communication towers, and walkways providing access to such towers; and (2) repairs to protective works in the minimum amount necessary to stabilize existing dikes or to provide improved wildlife habitat. (d) with respect to activities in the Suisun Marsh: (1) one or more of the activities listed in paragraph (a), (b), or (c) of this section; (2) any subdivision of land or other division of land, including lot splits; (3) the removal of vegetation; (4) the discharge of any gaseous, liquid, or thermal waste as approved by the California Regional Water Quality Control Board, San Francisco Bay Region; (5) the grading of any materials; and (6) the construction, reconstruction, relocation, demolition, or alteration of the size of any one- or two-family residence, duck club structure, farm structure and ancillary structures, and any facility of any private, public, or municipal electrical generating facility with a capacity of less than ten (10) megawatts electrical (10MWe), and any other private, public, or municipal utility facility of less than 10,000 square feet. (e) with respect to activities anywhere in the Commission's jurisdiction: (1) the placement of a temporary structure provided that the structure is removed no later than 180 days after its placement and the area is returned to its pre-existing condition within a reasonable time thereafter; (2) the temporary substantial change in use of water, land, or a structure, provided that the initial use is reestablished no later than 180 days after the temporary change in use; (3) any other activity similar to those listed in paragraphs (a), (b), (c), and (d) of this section that would have no greater adverse impact on the Bay than the listed activities; and (4) the placement of facilities required for environmental quality testing that does not involve placement of fill, change in use or alteration of public access for a period of time longer than provided by the permit for completion of the work, and would not otherwise have a substantial effect on Bay-related resources. (f) with respect to dredging or disposal activities located anywhere within the Commission's jurisdiction, those activities specified in Section 10602. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), Government Code; and Sections 29201(e) and 29505, Public Resources Code. s 10602. Administrative Permits Related to Dredging and Disposal Projects. The following dredging and disposal projects constitute "minor repairs or improvements" that may be authorized administratively: (a) All maintenance dredging projects that are completed within a period of 5 years; (b) Any new dredging of 100,000 cubic yards or less completed within a period of 5 years; (c) Sand dredging projects where the sand is sold or re-used and that are completed within a five-year period and where no more than 250,000 cubic yards are dredged in any one year; (d) New dredging projects to deepen existing navigation channels or basins that do not result in significant adverse environmental impacts or raise conflicts with the Commission's laws and policies concerning dredging, and where the dredged material is disposed outside the Commission's Bay or certain waterways jurisdictions; (e) the disposal of dredged material in the Bay that salifies all of the following criteria: (1) disposal shall occur at a site listed in Regulation Section 10713.5. (2) Except as provided by Section 10602(e)(3) the amount of material to be disposed in the Bay shall not exceed, individually or cumulatively with other projects for the calendar year, the following annual target volumes: (A) At the Alcatraz Island site: 4 million cubic yards annually with a 1 million cubic yards monthly maximum during the months of October through April and a 0.3 million cubic yards monthly during the months May through September; (B) At the San Pablo Bay site: 0.5 million cubic yards annually and in any one month; (C) At the Carquinez Strait site: 3 million cubic yards in a wet or above normal water flow year as those years are classified by the Department of Water Resources and 2 million cubic yards in all other year classifications, and 1 million cubic yards maximum in any one month; and (D) At the Suisun Bay Channel site: 0.2 million cubic yards annually for U.S. Army Corps of Engineers' maintenance dredging projects only. (3) Despite the provisions of Section 10602(e)(2), disposal may be authorized if: (A) The amount of material is 20,000 cubic yards or less in any one year and would not cumulatively exceed 50,000 cubic yards over five years; and (B) The dredging project yielding the materials for disposal does not exceed a depth of minus 12 feet Mean Lower Low Water. (f) the disposal of less than 30,000 cubic yards of dredged material at any location other than that identified in Section 10602(e)(1) in a manner and a time approved by the Executive Director, after consultation with and agreement by the U.S. Army Crops of Engineers, San Francisco District, and by the Executive Officer of the California Regional Water Quality Control Board, San Francisco Bay Region, as involving small potential risk of an adverse environmental impact; (g) The disposal of any amount of material in the ocean, the Suisun Marsh, a salt pond, a managed wetland, or a non-aquatic location. Note: Authority cited: Section 66632(f), Government Code; and section 29201(e), Public Resources Code. Reference: Sections 66632(a) and (f), Government Code; and sections 29201(e) and 29505, Public Resources Code. s 10610. Application. For an activity asserted to be "minor repairs or improvements," an applicant shall furnish: (a) one (1) original copy of a fully completed and properly executed application form which these regulations contain as Appendix D; (b) exhibits to the application form as provided by Appendix F and Section 10625; (c) an executed Certificate of Posting of "Notice of Pending BCDC Application" form as provided by Appendix E; (d) evidence that all local discretionary approvals (i.e., all approvals other than ministerial permits such as building permits) have been received, or for subdivisions or other land divisions requiring a Commission permit for which final local approval or disapproval has not been granted, a statement that the local government either favors the project, with or without conditions, or does not favor the project; and (e) a check or money order in the amount shown in Appendix M. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10611. Executive Director's Determination If an Application for an Administrative Permit Should Be Filed. (a) If the Executive Director believes that an application for an administrative permit is complete and properly qualifies for processing as an administrative permit application under Section 10601, he or she shall file the application and notify the applicant of that fact. (b) If the Executive Director believes that an application for an administrative permit is not complete or does not properly qualify for processing as an administrative permit application under Section 10601, he or she shall notify the applicant of the determination with an explanation within thirty (30) days of receiving the application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10612. Amendments to Administrative Permit Applications. (a) An applicant for an administrative permit may amend the application after the application has been filed at least two days prior to the mailing of the administrative listing for the application. (b) An applicant who wants to amend an application for an administrative permit shall submit the amendment request by a letter that fully describes the amended project and is signed by the applicant or his or her authorized representative. (c) The submittal of a request to amend a pending administrative permit application shall automatically supersede the original application, and the amended application shall thereafter be the only application considered to be submitted to the Commission. (d) If the Executive Director determines that the amended project still qualifies as a "minor repair or improvement," the Executive Director shall notify the applicant that the amendment has been filed and shall thereafter proceed according to these regulations to complete processing of the amended application as an application for an administrative permit. (e) If the Executive Director determines that the project as amended no longer qualifies as a minor repair or improvement, the Executive Director shall notify the applicant of the Executive Director's determination and that the applicant can apply for a major application to authorize the amended project. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65943 and 66632(f), Government Code; and Section 29520, Public Resources Code. s 10620. Administrative -Listing. (a) Before acting on any permit application for "minor repairs or improvements," the Executive Director shall submit a list of the applications that are ready to be acted on to the Commission and to any other person who requested receipt of the list in writing. The list shall include the following for each application: (1) the name and address of each of the applicant(s); (2) the date on which the application was filed; (3) an informative summary of the work proposed, including the location of the proposed project; (4) the number assigned to each application; (5) the name of the responsible staff member; and (6) whether the Executive Director recommends approval or denial of the application or has not yet reached a decision. (b) The listing will be mailed at least five (5) days prior to a regularly scheduled Commission meeting date. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10621. Executive Director's and Commission's Action After Listing. (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 with 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 that the application within five (5) working days. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10622. Criteria and Contents of Permits. (a) The Executive Director shall approve an application for an administrative permit only if he or she determines that the proposed activity, including reasonable terms and conditions, qualifies as a minor repair or improvement and is consistent with California Government Code Sections 66600 through 66682, the San Francisco Bay Plan, California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, the certified Suisun Marsh Local Protection Program, California Public Resources Code Sections 21000 through 21176, and these regulations. (b) Administrative permits are subject to the same policies as a major permit and shall be governed by the provisions of Chapter 5, concerning the format, receipt, and acknowledgment of permits, including the need to pay a user fee of $0.07 per cubic yard prior to the issuance of the administrative permit for dredged material to be disposed within either the Commission's "Bay" or "certain waterways" jurisdictions as described in section 10522, except that references to "Commission resolution" shall refer instead to the "Executive Director's determination." Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66667, Government Code; and Section 29520, Public Resources Code. s 10623. Denial of an Administrative Permit -Notice to Applicant. If the Executive Director denies an application for an administrative permit, he or she shall notify the applicant with an explanation of the reasons for denying the application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10624. Denial of an Administrative Permit -Filing with the Commission. If the Executive Director returns unfiled or denies an application for an administrative permit or the applicant objects to a term or condition in the permit, the applicant may take the application to the Commission without waiting ninety (90) days by complying with all the provisions of these regulations dealing with major permit applications. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29520, Public Resources Code. s 10625. Environmental Documentation Required for Approval of Minor Permit. Before the Executive Director may approve a minor permit, the Commission must receive a copy of any required environmental determination and certified environmental document issued by the lead agency, as follows: (a) If a negative declaration or environmental impact document for a project must be certified by the lead agency under the California Environmental Quality Act (CEQA), then the applicant may submit the certification and document as part of the permit application. (b) When the certification and document are not submitted as part of a permit application, either (1) the applicant must submit a copy of the lead agency's certification and document before the Executive Director submits an administrative listing of the application to the Commission as specified in Section 10620, or (2) the Executive Director shall deny a permit for the project. Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65941 and 66632(f), Government Code; and Sections 21000(g) and 29520, Public Resources Code. s 10640. Method of Application. Applications for emergency permits shall be made by letter if time allows, or by telephone or in person if time does not allow use of a letter. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10641. Necessary Information for Application. An application shall describe the nature of the emergency, the location of the emergency, and the work proposed. The amount of information needed to describe these aspects of the emergency shall be consistent with the time the emergency allows. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10650. Verification of Emergency. The Executive Director shall verify the facts surrounding the emergency, particularly the existence and nature of the emergency, insofar as time allows. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10651. Consultation with Chair. If time allows, the Executive Director shall consult with the Chair before granting an emergency permit. If time does not allow consultation prior to granting the permit, the Executive Director shall notify the Chair as soon as possible after granting the emergency permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10652. Criteria for Granting Permit. The Executive Director shall grant an emergency permit, upon reasonable terms and conditions, if he or she finds that: (a) An emergency exists and requires action more quickly than can reasonably occur when following the Commission's procedures for issuing permits; and (b) The work proposed would be consistent with California Government Code Section 66600 through 66661, the San Francisco Bay Plan, California Public Resources Code Section 29000 through 29612, the Suisun Marsh Protection Plan, California Public Resources Code Sections 21000 through 21177, the certified Suisun Marsh local protection program, and these regulations, as they might apply. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66653, Government Code; and Section 29509, Public Resources Code. s 10653. Documentation Subsequent to Issuance of an Emergency Permit. Within five (5) working days after having received an emergency permit, the permittee shall deliver to the Executive Director descriptive material concerning the emergency work that is substantially similar to the documentation required in applications for administrative permits and all appropriate fees for the work. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10654. Report to Commission. The Executive Director shall report to the Commission, as part of the administrative permit listing at each meeting, the permits for "emergencies" that he or she has issued since the last report. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(f), Government Code; and Section 29509, Public Resources Code. s 10660. Emergency Repairs to Maintain Public Services. The notification that California Government Code Section 66632.2(b) requires shall include descriptive material concerning the work that is substantially similar to the documentation required in applications for administrative permits. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632.2, Government Code; and Section 29509, Public Resources Code. s 10700. Minor Fill for Improving Shoreline Appearance. The Commission may approve the placement of minor fill to improve shoreline appearance, including the mooring of an historic ship as defined in Section 10703 or the repair, maintenance, renovation, remodeling, rehabilitation, or replacement of a pre-existing residential structure as defined in Section 10705, only if, in addition to the other findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, the Commission finds and declares that: (a) the fill is necessary because: (1) the present appearance of the Bay and shoreline in the area adversely affects enjoyment of the Bay and its shoreline within the site area itself or within adjacent areas of the Bay or shoreline, and (2) it is either physically impracticable or economically infeasible to improve the appearance without filling; (b) the amount of filling approved is the minimum necessary to improve shoreline appearance; (c) the proposed project would improve the shoreline appearance; and (d) the fill will not adversely affect enjoyment of the Bay and its shoreline within the fill area itself or within adjacent areas of the Bay and shoreline and the fill will not have any adverse effect on present or possible future use of the area for any designated priority water-related use or for public access, and (e) with regard to a pre-existing residential structure, the requirements of subdivisions (b) and (c) above will be deemed met if the repair, maintenance, rehabilitation, renovation, remodeling or replacement will not substantially enlarge the size of the pre-existing structure, will not be out of character or scale with any nearby structures, will cover less of the Bay surface than the pre-existing structure, and will not change the use of the pre-existing structure. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10701. Minor Fill for Improving Public Access. The Commission may approve the placement of minor fill to improve public access, including the mooring of an historic ship as defined in Section 10703, only if, in addition to the other findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, the Commission finds and declares that: (a) the fill is necessary because: (1) there is at present inadequate public access to the Bay shoreline in the area, and (2) it is either physically impracticable or economically infeasible to improve public access without filling; (b) the fill will improve public access to the Bay; and (c) the amount of filling approved is the minimum necessary to provide improved public access to the Bay. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10702. Using the Bay as a Design Asset. (a) The Commission may approve the extension of an accessory structure, such as a boat dock, and portions of a principal structure on pilings over water when the Commission, in addition to findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, including those that require that fill in San Francisco Bay be either for a water-oriented use, minor fill to improve shoreline appearance, or minor fill to improve public access, finds and declares that: (1) either: (A) the extension is necessary to allow actual use of the water, i.e., for mooring boats, or (B) the extension is: (1) designed by means such as location, window placement, and size to afford to occupants of the structure a feeling of closeness to the surface of the Bay waters that cannot be achieved except by the extension of portions of structures over water on piles; (2) designed so as not to adversely affect enjoyment of the Bay and its shoreline by residents of, employees of, and visitors to the structure or adjacent areas of the Bay or shoreline; and (2) the extension is not inconsistent with the public trust. (b) "Portions of a principal structure" means those portions of a structure that (1) would improve shoreline appearance, (2) would cover no more than 1,500 square feet of the Bay's surface, and (3) would not exceed two stories in height, provided that the Executive Director, if the project constitutes a minor repair or improvement, or the Commission may allow greater coverage or height if it finds that exceptional circumstances such as (1) steepness of terrain, (2) shallowness of a lot as it existed on November 10, 1969, or (3) design of a project to preserve adjacent areas having high natural resource values justifies the greater coverage or height. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66605, Government Code; Sections 29008 and 29501(b), Public Resources Code; and San Francisco Bay Plan, Page 31. s 10703. Historic Ship. An "historic ship," as used in Sections 10700 and 10701, means one of the following: (a) a ship or boat, other than a replica, that: (1) was designed and built to move in the water under its own power, (2) is berthed to float at all stages of the tide, (3) was originally built before 1932, and has no restorative or other modifications that substantially altered its historic character, and (4) had a specific role as a prototype or participant in a significant event or events in the maritime history of San Francisco Bay; or (b) a ship or boat, other than a replica, that: (1) was designed and built to move in the water under its own power, (2) is berthed to float at all stages of the tide, (3) had a specific role as a prototype or a participant in a significant event or period of maritime history, (4) is displayed for its historic significance with any fees for public admittance charged only at a level to maintain and enhance the historic qualities of the ship or exhibits of similar maritime historic significance, and (5) includes no commercial activities on-board or nearby other than those that are minor in nature and designed to enhance a visitor's enjoyment of the historical significance of the ship. Note: Authority cited: Section 66632(f), Government Code Reference: Sections 66605(a) and 66632, Government Code. s 10704. Fill Necessary to the Welfare of the Public to Protect Historic Structures. The Commission may approve fill as necessary to the welfare of the public in the entire Bay Area to protect historic structures only if the Commission finds and declares that: (a) the fill would be necessary to repair, maintain or rehabilitate a structure that has been listed on the National Register of Historic Places or as a California Registered Historical Landmark; (b) the repair, maintenance or rehabilitation project would be limited to the site of the historic structures and would not result in a significant increase in Bay coverage; (c) the fill is necessary because it is physically impracticable to repair, maintain or rehabilitate the structure without filling; (d) the amount and type of fill is the minimum necessary and the least detrimental to accomplish the repair, maintenance or rehabilitation of the structure; (e) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not alter the structure's historic designation; (f) the repair, maintenance or rehabilitation project, including all fill associated with the project, would not adversely affect the present or future use of the area for water-oriented priority land uses designated by the Commission pursuant to California Government Code Section 66611; (g) maximum feasible public access would be provided as part of the repair, maintenance or rehabilitation project; and (h) the repair, maintenance or rehabilitation project, including all fill associated with the project, would comply with the provisions of Cal. Government Code Section 66600 through Section 66661 et seq. and the San Francisco Bay Plan, except those policies limiting fill to water-oriented uses. Note: Authority cited: Section 66632(f), Government Code and Section 29201(e), Public Resources Code. Reference: Sections 66605(a) and 66632(f), Government Code and Section 29201(e), Public Resources Code. s 10705. Pre-existing Residential Structure. A "pre-existing residential structure" as used in Section 10700 means a residential structure on or partially on pilings or cantilevered over areas located within the Commission's "San Francisco Bay" jurisdiction that: (a) either (1) has been in existence at its present location since September 17, 1965 or (2) has been authorized by a Commission permit; and (b) is located on a privately-owned parcel that has not been subdivided after April 15, 1993; and (c) either (1) has been occupied and used as a residence for at least three years during the five year period immediately prior to the filing of a permit application with the Commission for the repair, maintenance, rehabilitation or replacement of the structure, or (2) extenuating circumstances exist that prevent the requirements of subdivision (c)(1) above from being met, and other evidence exists that proves the structure is not abandoned. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Section 29520, Public Resources Code. s 10710. Continuing Commission Jurisdiction. Areas once subject to Commission jurisdiction remain subject to that same jurisdiction even if filled or otherwise artificially altered whether pursuant to a Commission permit or not. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66632(a), Government Code. s 10711. Cantilevering. "Any other substance or material" or "any substantial change in use of any water" includes portions of any structure or any work that extends over any area within the Commission's jurisdiction by cantilevering or other similar engineering techniques. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66632(a), Government Code. s 10712. Terms and Conditions for Subdivisions. Subdivisions or other divisions of land requiring permits only because they constitute a substantial change in use as defined in Section 10125(b)(2) shall be subject to only those terms and conditions necessary to avoid potential adverse impacts on present or future public access or potential adverse impacts on the suitability of the site for a water-oriented priority land use designated pursuant to Government Code Section 66611, and such terms and conditions shall normally be limited to the following: (a) realignment of the parcel to avoid the adverse impact; (b) assuring notification to potential purchasers of the resulting parcels that future permits may be required from the Commission pursuant to Government Code Section 66632(a) and those permits may be subject to such terms and conditions as may be required to comply with the provisions of the McAteer-Petris Act and the San Francisco Bay Plan; and (c) reservation of easements or similar devices to assure access by members of the public to and along the shoreline from the nearest public street. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 6632(f), Government Code; and Section 29506, Public Resources Code. s 10713. Compliance with Time Limits for Acting on Permit Applications When Commission Vote Requires Further Findings. When the Commission has voted on an application for a Commission permit in such a way that requires the Commission to adopt findings at a future Commission meeting pursuant to Section 10514(e), the Commission shall meet the requirements contained in the McAteer-Petris Act and the Permit Streamlining Act for voting within certain time limits so long as the vote on the application occurs before those time limits expire even if the Commission votes on findings to support its action after those time limits expire. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65950, 65952 and 66632, Government Code; and Section 29520(a), Public Resources Code. s 10713.5. In-Bay Dredged Material Disposal Sites. As used in the San Francisco Bay Plan and in these regulations, the designated in-Bay dredged material disposal sites are as follows. These designations do not preclude the need for a Commission permit to dispose of dredged material at the sites or substitute for the findings that may be required by the McAteer-Petris Act (Cal. Government Code Section 66600 et seq.) and the San Francisco Bay Plan. (a) Alcatraz Disposal Site, consisting of a circular area of radius 1,000 feet with center located at latitude 37° 49' 17" N; longitude 122° 25' 23" W; (b) San Pablo Bay Disposal Site, consisting of a rectangular area, 1,500 feet by 3,000 feet, with the long axis bearing 050 true, and center at latitude 38° 00' 28" N; longitude 122° 24' 55" W; (c) Carquinez Strait Disposal Site, consisting of a rectangular area, 1,000 feet by 2,000 feet, long axis bearing 050 true, and center at latitude 38° 03' 50" N; longitude 122° 15' 55" W; and (d) Suisun Bay Channel Disposal Site, consisting of a rectangular area, 500 feet by 11,200 feet situated parallel to the Suisun Bay Channel, and center at latitude 38° 03' 15" N; longitude 122° 05' 06" W. (e) Middle Harbor at the Port of Oakland: (1) For a project ( "the project") that satisfies the following criteria: (A) the purpose of the project is to enhance in-Bay habitat for plants, fish and wildlife; (B) the project includes a one-time placement of dredged material, in the amount of approximately 5.8 million cubic yards, taken from the Oakland Harbor Navigation Improvement (-50 Foot) Project to create shallow water habitat; (C) the project would be undertaken as specified in a plan ( "the Plan") that is prepared by the U.S. Army Corps of Engineers and the Port of Oakland and approved by the Commission; (D) the Plan specifies the following elements: (i) the restoration and enhancement performance criteria for the project including the creation of eelgrass and other shallow water habitat; (ii) the design required to restore or enhance-fish and wildlife habitat; (iii) the monitoring, adaptive management, and corrective actions that will be employed to ensure that the Plan's performance criteria are achieved; (iv) the periods of time needed to achieve the performance criteria, to monitor, and to employ adaptive management and corrective actions if needed; (v) the duties of the U. S. Army Corps of Engineers in implementing the Plan; (vi) the duties of the Port of Oakland once it takes over responsibility for the project from the U. S. Army Corps of Engineers; (vii) the management agency with wildlife management experience that will manage the Middle Harbor enhancement area once the project has been successfully completed; (viii) the management agency's duties as manager of the enhancement area; (ix) the method to determine the success or failure of the project through a performance criteria evaluation period; and (x) the process to determine the actions to be employed if the project fails to achieve the Plan's performance criteria within the specified time frames; (E) the manner of implementing the Plan has been demonstrated to have a high likelihood of success in achieving the Plan's performance criteria within the specified time frames; (F) the Port of Oakland makes a legally binding commitment to secure two permits from the Commission to fulfill its responsibilities as specified in the Plan: (i) at the time it assumes responsibility for the project from the U. S. Army Corps of Engineers at the commencement of the Plan's performance evaluation period; and (ii) at the conclusion of the Plan's performance evaluation period; (G) the Port of Oakland provides the necessary legal and financial instruments to support its responsibilities as specified in the Plan; and (H) the Project sponsors make a legally binding commitment to take action, as required by the Plan, if the project fails to achieve the Plan's performance criteria within the specified time frames; and (2) Consisting of an area within the Middle Harbor bounded by the shoreline, wharf faces, and Middle Harbor Shoreline Park improvements which lie northeasterly of the following two courses; Beginning at a point on the Southern Pacific Mole with Latitude 37° 47' 59.864" N, Longitude 122° 19' 48.019" W (NAD83) having grid coordinates of "N"= 2118915.608 and "E"=6032967.336; thence North 72° 04' 00" West 3435.03 feet to a point on the common boundary line between the city and county of San Francisco, Oakland and Alameda County, said point having coordinates of "N"= 2119973.287 and "E"=6029699.201; thence North 05° 15' 46" East 349.79 feet to the southwesterly corner of the 7th Street Terminal face of wharf having coordinates of "N"=2120353.305 and "E"=6029875.128. Note: Authority cited: Section 29201(e), Public Resources Code; and Section 66632(f), Government Code. Reference: Section 29201(e), Public Resources Code; Sections 66602, 66605, 66632(a), 66633, 66663.1 and 66663.2, Government Code; and the San Francisco Bay Plan. s 10714. Who Receives What Commission Documents for Free and Who Pays for What Commission Documents. Note: Authority cited: Section 66632(f), Government Code; and section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code. s 10715. Receipt of Commission Documents Pursuant To a Calendar Year Subscription. Note: Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code. s 10716. Receipt of Specific Commission Documents After Payment of Specific Cost. Note: Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code. s 10720. Commission Procedure for Implementation of Individual In-Bay Dredged Material Allocations. (a) The Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to implement an individual in-Bay dredged material allocation-program either (1) within 45 days of the Executive Director's determination at the triennial reviews starting in 2004 that the average annual volume of dredged material disposed of over the preceding three-year period at the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay Channel in-Bay disposal sites designated by the Commission exceeds the target volume specified in Section 10721 or (2) within 45 days of receipt of a written request to make such a determination from the Long Term Management Strategy Management Committee. (b) The Commission shall also hold a public hearing prior to voting on whether or not to implement an individual in-Bay dredged material allocation and shall otherwise follow the formal rulemaking process pursuant to the Administrative Procedures Act when it determines whether or not to implement such a program. (c) If an analysis of the factors affecting the need for allocations, including (1) the status of alternatives to in-Bay disposal and cooperative efforts to implement them, (2) exigencies that hamper the use of alternative sites, and (3) other relevant factors and any needed environmental documentation has not been submitted by the LTMS Management Committee as part of the written request or if in-Bay disposal volumes exceed the target volumes, then such an analysis will be prepared by the Commission staff prior to the public hearing on the matter. (d) The Commission shall vote on whether or not to implement such a program within 60 days of the close of the public hearing. The Commission shall implement a program of individual in-Bay dredged material disposal allocations unless a majority of those Commissioners present and voting vote not to implement the program. (e) The program will commence no later than six months after the Commission vote if the Commission vote results in a determination to implement an allocation program, provided that the Commission must also complete the formal rulemaking process and any allocation adopted by the Commission must be approved by majority vote as a regulation pursuant to the Administrative Procedures Act before the allocation can go into effect. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1. s 10721. Target Volumes. (a) The target volume for the calendar years of 2001-2003 is an average of 3.05 million cubic yards per year. (b) The target volume for the calendar years of 2004-2006 is an average of 2.66 million cubic yards per year. (c) The target volume for the calendar years of 2007-2009 is an average of 2.28 million cubic yards per year. (d) The target volume for the calendar years of 2010-2012 is an average of 1.89 million cubic yards per year. (e) The target volume for the calendar years thereafter is an average of 1.50 million cubic yards per calendar year for each three-year period thereafter. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1. s 10726. Small Dredger Exception. Small dredgers are exempt from the individual in-Bay dredged material disposal allocation process, but they must still fully comply with all other McAteer-Petris and San Francisco Bay Plan policies regarding dredging and the disposal of dredged material. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding t and Policy 1. s 10727. Small Dredgers. Small dredgers are defined to be project sponsors of dredging projects with a depth no deeper than -12 feet Mean Lower Low Water (not including over-depth dredging) and generating an average yearly volume of less than 50,000 cubic yards of material. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding t and Policy 1. s 10728. Termination of Individual Dredged Material Disposal Allocations. (a) Within 45 days of either (1) a written determination by the Executive Director that the average annual volume of dredged material disposed of over the preceding triennial review period at all in-Bay disposal sites designated by the Commission no longer exceeds the target volumes specified in Section 10721 or (2) the Long Term Management Strategy Management Committee recommends ending allocations, the Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to end the imposition of individual dredged material disposal allocation. As part of that process, the Commission shall hold a public hearing. (b) Within 60 days of the close of the public hearing, the Commission shall vote on whether or not to end the imposition of individual dredged material disposal allocations. (c) The Commission shall end the imposition of individual dredged material disposal allocations unless the Commission determines by a majority of those Commission members present and voting not to end the imposition of individual dredged material disposal allocations. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1. s 10729. Reimplementation of Individual Allocations for the In-Bay Disposal of Dredged Material. After terminating the imposition of individual dredged material disposal allocations, the Commission can reimpose individual dredged material disposal allocations only if the conditions specified in Section 10720 and 10721 exist and the Commission determines to impose the allocations pursuant to Section 10720, including the commencement and completion of a formal rulemaking process pursuant to the Administrative Procedures Act. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1. s 10800. Determination of Materiality or Nonmateriality of a Proposed Permit Amendment. (a) The Executive Director shall decide whether a proposed amendment to a Commission permit is a material or a nonmaterial amendment. (b) A nonmaterial amendment is an amendment that will not materially alter the project authorized by the Commission permit, such as but not limited to an amendment that qualifies under Section 10601 as a minor repair or improvement and that will not result in any reduction of public benefits. (c) All other amendments are material. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29520, Public Resources Code. s 10810. Applications for and Action on Nonmaterial Amendments to an Administrative Permit. (a) An application for a nonmaterial amendment to an administrative permit shall be made by letter. The application shall contain an adequate description of the proposed amendment and shall include appropriate maps and drawings. (b) The Executive Director shall approve a nonmaterial amendment to an administrative permit only if he or she finds that the proposed amendment is nonmaterial and is consistent with either (1) California Government Code Sections 66600 through 66661, the San Francisco Bay Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's Regulations if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, (2) California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's regulations if the Commission has jurisdiction under California Public Resources Code Section 29101, 29500, and 29501 and the Commission has not certified a Suisun Marsh Local Protection Program or, (3) either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan, or the certified Suisun Marsh Local Protection Program, in addition to California Public Resources Code Sections 21000 through 21177 and the Commission's regulations if the Commission has jurisdiction under Public Resources Code Section 29101, 298500, and 29501 and if the Commission has certified a Suisun Marsh Local Protection Program. (c) When the Executive Director approves a nonmaterial amendment to an existing administrative permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10811. Applications for Material Amendments to an Administrative Permit. (a) If the project described in an application for a material amendment to an administrative permit would constitute a minor repair or improvement, the application shall be made in the same form as an application for an administrative permit as required by Section 10610. (b) If the project described in an application for a material amendment to an administrative permit would not constitute a minor repair or improvement, the application shall be made in the same form as an application for a major permit as required by Section 10310. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10812. Criteria and Procedures for Processing a Material Amendment to an Administrative Permit. The Executive Director shall process a properly filed application for an amendment to an administrative permit based on the same criteria and subject to the same procedures as these regulations require for the processing of an administrative permit if the project as proposed in the amendment qualifies for treatment as an administrative permit. However, if the project as proposed in the amendment does not qualify for treatment as an administrative permit, the Executive Director and the Commission shall process the application as being for a major permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10820. Applications for Nonmaterial Amendments to Major Permits. (a) An application for a nonmaterial amendment to a major permit shall be made by letter. The letter shall contain an adequate description of the proposed amendment and shall include appropriate maps and drawings. (b) When the Executive Director approves a nonmaterial amendment to an existing major permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10821. Procedure Depending on Whether an Amendment Is Material or Nonmaterial. (a) The Executive Director shall deny an application for a nonmaterial amendment to a major permit if he or she believes the proposed amendment would constitute a material alteration of the project and shall notify the applicant in writing of his or her reasons for that belief. (b) If the Executive Director denies an application for a nonmaterial amendment to a major permit because he or she believes it would result in a material alteration of the project, the applicant may appeal that determination by filing an application for a material amendment and note the fact of and the reason for the appeal. (c) If the applicant appeals the determination of the Executive Director to the full Commission by filing an application for a material amendment, the Commission shall, prior to holding a public hearing on the application, determine by a majority vote of those present and voting whether or not the proposed change will result in a material alteration of the project. (d) If the Commission determines that a proposed amendment will not result in a material alteration of the project, the Executive Director shall process the request as being for a nonmaterial amendment. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10822. Criteria and Procedures for Processing Nonmaterial Amendments to Major Permits. The Executive Director shall approve a nonmaterial amendment to a major permit only if he or she finds that the amendment is consistent with California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan or the certified Suisun Marsh local protection program if the Commission has jurisdiction under California Public Resources Code Sections 29101, 29114, 29500, 29501, and 29505, with California Public Resources Code Sections 21000 through 21177, and with these regulations and will not result in a material alteration of the project. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10823. Notice of Decision to Deny Nonmaterial Amendment. If the Executive Director denies an application for nonmaterial amendment, he or she shall mail written notice of the denial and the reasons for it to the applicant within ten (10) days of the decision. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code. s 10824. Applications for and Processing of Material Amendments to Major Permits. An application for and the processing of a material amendment to a major permit shall be subject to the same requirements and procedures as an application for a major permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Government Code. s 10900. Filing Deadline. Any owner of property that is located within the shoreline band, a salt pond, or a managed wetland and that was devoted to a certain use or combination of uses on November 10, 1969 and who wants to file an application to expand those uses pursuant to Government Code Section 66654 shall file the application on or before November 10, 1971. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66654, Government Code. s 10910. Claim Form. All claims of exemption made pursuant to Government Code Section 66656 or pursuant to Public Resources Code Section 29507 shall be made on a claim form included in these regulations as Appendix J and Appendix K, respectively. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10911. Filing Deadline. (a) Claims of exemption pursuant to Government Code Section 66656 shall be filed on or before April 1, 1974. (b) Claims of exemption pursuant to Public Resources Code Section 29507 shall be filed on or before January 1, 1979. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10912. Number of Copies of Form -Distribution. Any person who submits a claim of exemption shall furnish at or before filing a signed original with all exhibits and four copies of the original and exhibits. The Executive Director shall distribute one copy to each of the following agencies: (a) U.S. Army Corps of Engineers (San Francisco or Sacramento District); (b) State Lands Commission; (c) Deputy Attorney General assigned to the Commission; and (d) the city, county, or city and county within which the property for which the claim is sought lies. Note: Authority cited: Section 66632(f),Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10913. Exhibits Illustrating Claim. (a) The claimant shall furnish to the Commission at or before the time of filing drawings, maps, photographs, or other exhibits that the staff shall distribute with a staff summary that the staff shall prepare and which shall: (1) illustrate precisely what is claimed as exempt; and (2) indicate the relationship of the project claimed as exempt to nearby roads, to the shoreline as it presently exists and as it existed on September 17, 1965 if the claim is under Government Code Section 66656, to the boundaries of the Suisun Marsh if the claim is made under Public Resources Code Section 29507, to existing topographical features, and to any other significant natural or man-made features in the vicinity of the project. (b) A claimant may either: (1) provide a master copy of each exhibit, 8-1/2 by 11 inches in size, for reproduction by the Commission; or (2) Two hundred (200) copies of each exhibit of a larger size if the claimant believes that the larger size would be more suitable to describe his or her claim. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10914. Other Substantiating Evidence. At or before the time of filing, the claimant shall also furnish to the Commission the following: (a) a legal description and a map showing property lines of all the property involved in the claim; (b) a document evidencing the claimant's legal interest in the property involved in the claim; (c) a copy of each permit, approval, disapproval, letter of permission, or other action taken by each governmental agency having jurisdiction over the project claimed to be exempt and from which approval of the project was or is required, and if a governmental agency having jurisdiction over the project took no action, a letter from that agency stating why it took no action; (d) a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc.; (e) the earliest dated drawing depicting the project; and (f) if the claim is being made under Government Code Section 66656, photographic or written evidence that shows that filling and/or diking had begun prior to September 17, 1965 and that indicates the amount of any fill that had been placed and the extent of any dikes that had been constructed, or if the claim is being made under Public Resources Code Section 29507, photographic or written evidence that substantial work had occurred and that substantial liabilities have been incurred in reliance on local permits prior to January 1, 1978. Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10915. When a Claim of Exemption Is Filed. A claim shall be filed when the following has occurred: (a) the Executive Director has determined that the completed claim form, supporting documentation, and exhibits comply with these regulations; and (b) the claim form, supporting documentation, and exhibits have been stamped "Filed BCDC" with the date of filing. Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10916. Procedures. (a) The provisions of Sections 10351-353, 10380-381, 10400-402, 10410-412, 10420-422, 10430-431, 10500-502, 10504-505, and 10510-514, relating to notice of hearing, hearing procedures, voting, and other similar matters, shall apply to claims of exemption except where those provisions are inconsistent with express provisions of this Article. (b) For the purposes of this Article, the words "claim" and "claimant" shall be substituted for the words "application" and "applicant," respectively, as they are used in the regulations to which paragraph (a) refers. Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10917. Commission Determination and Findings. (a) After hearing the staff recommendation and any subsequent discussion, the Chair shall entertain a motion to act on the claim. (b) In any determination the Commission makes concerning a claim of exemption, it shall adopt a statement of findings and declarations to support the action it takes. (c) If the Commission action adopts the Executive Director's recommendation, its findings and declarations shall be those contained in the Executive Director's recommendation. If the Commission action differs from the Executive Director's recommendation, those Commissioners who voted consistent with the Commission determination shall by majority vote adopt the necessary findings and declarations. Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code; Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 858-60; and Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 513-17. s 10918. Effect of Grant of Exemption. A Commission determination that approves all or part of a claim of exemption shall constitute an acknowledgment that all or part of the project is exempt from the permit requirements of Government Code Section 66632 or of Public Resources Code Sections 29500 through 29524, as applicable, provided that no substantial change may be made in any such project without a permit from the Commission and provided that the claim shall not cover any subsequent maintenance work on the project. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10919. Effect of Denial of Exemption. A Commission determination that denies all or part of a claim of exemption shall constitute an authorization to the Executive Director to take any appropriate action to secure compliance with Government Code Section 66632 or with Public Resources Code Sections 29500 through 29504, as applicable. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code. s 10920. Effect of Transfer of Property on Claim of Exemption. An exemption that the Commission grants shall be transferable and shall remain in full effect after any conveyance of the property that is the subject of the exemption. Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; and People ex rel. San Francisco Bay Conservation and Development Commission v. Town of Emeryville (1968) 69 Cal.2d 533, 548. s 10921. Abandonment of an Exemption. Failure to put any land, water, or structure to the use for which the Commission issued a claim of exemption for a period of two (2) years shall create a presumption that the structure or the use of the land, water, or structure has been abandoned, so that the exemption no longer applies to the abandoned structure or use, provided that the Commission may determine an exemption has not been abandoned despite the non-use of any land, water, or structure for a period of two (2) years if it resolves that it was physically or legally impossible to make such use of the land, water, or structure within the two (2) year period or that the holder of the exemption had made reasonable and good-faith efforts to put the land, water, or structure to such exempted use during the period of non-use. Note: Authority cited: Section 66632(f), Government Code; and Section 29507, Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; Avco Community Developers, Inc. v. South Coast Regional Commission (1976) 17 Cal.3d 785, 798; Hill v. City of Manhattan Beach (1971) 6 Cal.3d 279, 286; and Gerhard v. Stephens (1968) 68 Cal.2d 864. s 11000. Information Required to Consider Plan Amendment. If anyone other than the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, to the Suisun Marsh Protection Plan of 1977, or to any other plan administered by the Commission, the Commission shall consider the proposal only after the agency, organization, or individual who proposes the amendment or change has submitted a completed and executed copy of the application form that these regulations contain as Appendix G and, in addition, has met the requirements of section 11008. Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11001. Preparation, Contents and Circulation of Draft Adequate Descriptive Notice. (a) If the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission Special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan or if anyone else proposes such an amendment by submitting a fully completed application form as required by section 11000, the Executive Director shall prepare a draft descriptive notice. (b) The draft descriptive notice shall indicate the scope of the proposed amendment and shall recommend a date for public hearing. (c) At least 10 days prior to the meeting at which the Commission will determine whether or not to proceed with a proposed amendment or other change to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan, or any other plan administered by the Commission, the Executive Director shall mail to all Commission members a copy of the draft descriptive notice and any other materials that the Executive Director believes that the Commission will need to understand fully the proposed amendment. Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11002. Commission Determination to Initiate Amendment Process; Adoption and Mailing of Descriptive Notice. (a) When the Commission receives the draft descriptive notice, it may invite written comment or hold a public hearing and shall thereafter determine by a majority vote of those present and voting whether it wants to initiate the amendment process. (b) If the Commission determines to initiate the amendment process, the Commission shall make any changes in the notice that it deems appropriate and shall also see the date for the public hearing on the proposed amendment. (c) The descriptive notice as adopted by the Commission after having made any appropriate changes shall be the "adequate descriptive notice" that Government Code Section 66652 requires. (d) At least 30 days prior to the date of the public hearing on the proposed amendment, the Executive Director shall mail by first class mail a copy of any descriptive notice that the Commission has approved to all Commissioners and Alternates, to each of the six (6) governmental agencies listed in Section 10360, to all interested agencies, organizations, and individuals, and to any other person, agency, or organization who requests such notice in writing. Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11003. Staff Planning Report. (a) Not less than thirty (30) days prior to the initial public hearing on the proposed amendment, the Executive Director shall distribute a staff planning report on the proposed amendment to all persons, agencies, and organizations who received a descriptive notice of the proposed amendment and to anyone else who requests such in writing. (b) The staff planning report shall contain: (1) the background of the proposed amendment, the name of the agency, organization, or individual who proposed the amendment, and the reason for the proposal; (2) a description of the proposed amendment that shall include the specific language, map designation, or other change proposed, and, for any change in any plan map, graphic exhibits that indicate the precise location and nature of the proposed change; (3) a statement describing the effect the proposed change would have on any existing finding, policy, or map designation contained in the San Francisco Bay Plan, a Commission special area plan or total design plan, the San Francisco Bay Area Seaport Plan, the Suisun Marsh Protection Plan, or any other plan administered by the Commission; (4) a statement describing the consistency of the proposed change with the findings and declarations of policy in the McAteer-Petris Act (California Government Code Sections 66600 through 66661) if an amendment to the San Francisco Bay Plan is proposed; (5) a statement describing the consistency of the proposed change with the findings and declarations of policy contained in the Suisun Marsh Preservation Act of 1977 (California Public Resources Code Sections 29000 through 29612) if an amendment to the Suisun Marsh Protection Plan is proposed; (6) an environmental assessment, which shall either (i) state that the proposed amendment will have no significant adverse environmental impacts or (ii) shall describe any possible significant adverse effects that the proposed amendment would have on the environment and shall describe any public benefits of the proposed amendment any feasible mitigation measures that lessen the significant adverse environmental impact(s) and shall evaluate any feasible alternatives to the change; (7) a summary of written comments received following distribution of the descriptive notice but at least 10 days prior to the mailing of the staff planning report and responses to those comments; (8) if the proposed amendment involves a change in a water-oriented priority land use boundary description a draft revision of such boundary description; and (9) a preliminary staff recommendation on the proposed amendment . Note: Authority cited: Sections 66632(f), 66651 and 66652, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11004. Public Hearing(s). (a) The Commission shall hold the initial public hearing not less than thirty (30) days following the mailing of the descriptive notice that the Commission adopted. (b) The Executive Director may delay the date or time and change the place of the public hearing on a proposed plan amendment without the Commission having to amend the descriptive notice by giving notice of the delay or change in the regular meeting notice for the meeting at which the public hearing was scheduled before the change. The staff shall mail such notice of delay or change to all persons and entities to which the staff mailed a descriptive notice. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11005. Staff Planning Recommendation. (a) Following the final public hearing on the proposed amendment, the staff shall prepare a staff planning recommendation on the proposed amendment. (b) The staff planning recommendation shall contain: (1) a summary of comments and responses to all comments on the proposed amendment received either in writing prior to the close of the public comment period or at the public hearing which the staff planning report did not already summarize and respond to; (2) any revisions to the Executive Director's initial assessment and analysis of the environmental effects of the proposed amendment; (3) a final recommendation for Commission action on the proposed amendment, which may include approval, modifications, or disapproval of the proposed amendment; (4) if the proposed amendment involves a change in a water-oriented priority land use boundary description, a recommendation for the precise wording of such change; and (5) if the Executive Director recommends approval of the amendment in original or modified form, a draft resolution of adoption that conforms to the provisions of Section 11004. (c) The staff shall mail by first class a copy of the staff planning recommendation to all agencies, organizations, and individuals who received a staff planning report and to anyone else who requests in writing to receive a copy of the recommendation. Such mailing shall take place not less than six (6) days prior to the date of the scheduled Commission action on the proposed amendment. (d) If the staff recommends an amendment that is substantially different from the amendment proposed in the staff planning report, the Executive Director shall prepare and distribute a new staff planning report in conformity to Section 11002 and the Commission shall hold another public hearing no earlier than thirty (30) days after the distribution of the new staff planning report. The Commission shall wait to consider or vote on the Executive Director's recommendation at least fourteen (14) days following the holding of the additional public hearing. (e) If the Commission does not determine that staff is recommending an amendment that is substantially different from the amendment proposed in the staff planning report, the amendment being recommended shall be conclusively presumed not to be substantially different. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11006. Contents of a Resolution of Approval. A resolution of approval of a proposed amendment to the San Francisco Bay Plan, a special area plan, or the Suisun Marsh Protection Plan either in original or modified form shall contain the following elements: (a) if the resolution concerns a proposed amendment to the Bay Plan or a special area plan, a statement that the amendment conforms to all relevant policies of California Government Code Sections 66600 through 66661; (b) if the resolution concerns a proposed amendment to the Suisun Marsh Protection Plan, a statement that the amendment conforms to all relevant policies of California Public Resources Code Sections 29000 through 29612; (c) a statement that the amendment either will have no significant adverse impacts on the environment or that the amendment incorporates feasible alternatives or feasible mitigation measures, if any exist, that will substantially lessen the significant adverse impacts; (d) the text and all necessary drawings, maps, exhibits, etc., of the amendment; and (e) specific findings of fact that will support the legal conclusions contained in paragraphs (a) and (b) of this section. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code. s 11007. Notice of Adopted Amendments. (a) The Executive Director shall file a notice of the adoption of a plan amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v). (b) The Executive Director shall also make every reasonable effort to assure that all interested persons receive notice of the adopted amendment. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66652, Government Code; and Sections 21080(d)(2)(v) and 29202, Public Resources Code. Appendix G Application Form for Amendments to San Francisco Bay Conservation and Development Commission Plans Please use this form to apply for an amendment to any of the following San Francisco Bay Conservation and Development Commission plans (please check the plan subject to the application): ( ) San Francisco Bay Plan ( ) Suisun Marsh Protection Plan ( ) San Francisco Bay Area Seaport Plan ( ) San Francisco Waterfront Special Area Plan ( ) San Francisco Waterfront Total Design Plan ( ) South Richmond Shoreline Special Area Plan ( ) Benicia Waterfront Special Area Plan ( ) Richardson Bay Special Area Plan ( ) Other Plan, Specify ________________________________________ In order that the Commission may consider a proposed amendment to the San Francisco Bay Plan, Suisun Marsh Protection Plan, San Francisco Bay Area Seaport Plan, San Francisco Waterfront Special Area Plan, San Francisco Waterfront Total Design Plan, South Richmond Shoreline Special Area Plan, Benicia Waterfront Special Area Plan, or Richardson Bay Special Area Plan, or other plan administered by the Commission, this application must be completed, executed, and submitted to the Commission. Completion of this form will help assure that the Commission is provided the necessary information to fully consider and act on a plan amendment or change request. Applicant Information ( ) Individual ( ) Agency ( ) Organization The Applicant is an (please check:) Applicant:_____________________________________________________ Name:__________________________________________________________ Address:_______________________________________________________ City, State, Zip:______________________________________________ Telephone: ( )_________________________________________________ Facsimile: ( )_________________________________________________ Co-Applicant: (if any)_________________________________________ Name:__________________________________________________________ Address:_______________________________________________________ City, State, Zip:______________________________________________ Telephone: ( )_________________________________________________ Facsimile: ( )_________________________________________________ Representative's Authorization If the applicant will be represented by another party in the plan amendment application process, please complete the following: I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application. _______________________________________________ __________ Signature of Applicant Date ____________________________________________________ Printed Name and Title (if applicable) of Applicant I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application. I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application. _______________________________________________ __________ Signature of Co-Applicant Date ____________________________________________________ _________ Printed Name and Title (if applicable) of Co-Applicant Date If the applicant is a public agency, attach a resolution from the highest policy board of the public entity authorizing the request to be made and delegating to the person signing this application the authority to represent and bind the public agency for representations and information submitted as part of this application. For a city that submits an application, the highest policy board is the city council. For a county that submits an application, the highest policy board is the county board of supervisors. Specific Information On a separate sheet(s) of paper, please provide the information requested below. If an item is not applicable to the proposed amendment, mark NA. 1. Property Ownership. List the owner(s) addresses, and Assessor's parcel numbers of all property subject to the amendment request. 2. Specific Reasons for Requesting the Amendment. State the background and specific reasons for requesting the proposed amendment. 3. Text of Proposed Amendment. If the proposed change is to any text or map notes, provide the specific language change proposed to the text of the plan or plan map note. 4. Graphic Change in a Plan Map or Plan Diagram. If the proposed amendment involves a graphic change to a map, diagram, or figure, identify the map, diagram, or figure to be changed and provide a reproducible exhibit that shows precisely the proposed change. 5. Change in Use of Water-Oriented Priority Use Areas. If a change in use is proposed for any water-oriented priority use area or the Suisun Marsh water-related industry reserve area, describe how the proposed amendment is consistent with all applicable local land use plans, policies, ordinances, and regulations. 6. Change in Boundaries of Water-Oriented Priority Use Areas. If a change in the boundaries of any water-oriented priority use area or the Suisun Marsh water-related industry reserve area is proposed, provide an exact description of the proposed change in the location of the boundaries and the names and addresses of the owners of property located within 300 feet of the proposed boundary. 7. Change in a Water-Oriented Recreation Priority Use Area. If any reduction to or elimination of a privately-owned water-oriented Waterfront Park, Beach priority use area is proposed where the area was so designated because of contemplated public acquisition, provide a written statement from an authorized representative of the public agency(ies) with park and recreation use development and operation jurisdiction over the area that the agency(ies) do(es) not contemplate acquiring the site for the designated priority use within three years commencing January 1 of the year following the anticipated action by the Commission on the proposed amendment. 8. Consistency with McAteer-Petris Act. For proposed changes to the San Francisco Bay Plan, San Francisco Bay Area Seaport Plan, or a Commission special area plan or total design plan, provide a description of how the proposed amendment is consistent with the findings and declaration of policy of the McAteer-Petris Act (Government Code Sections 66600 through 66661). 9. Consistency with Suisun Marsh Protection Plan. For proposed changes to the Suisun Marsh Protection Plan, provide a statement that describes how the proposed amendment is consistent with the findings and declaration of policy contained in the Suisun Marsh Preservation Act of 1977 (Public Resources Code Sections 29000 through 29612). 10. Effect on Existing Findings, Policies, and Map Designations. Provide a statement describing the effect of the proposed plan change would have all existing findings, policies, and map designations of the plan proposed to be amended or changed. 11. Description of Applicable Local Plans, Policies, and Zoning. Identify and briefly describe the local plans, policies, and zoning applicable to any areas affected by the application with a brief history indicating what changes to local plans, policies, and zoning have occurred within three years prior to the date of the application. Environmental Determination Provide a statement with supporting reasons why the applicant believes: (1) that the proposed amendment is statutorily or categorically exempt from the necessity of determining whether the proposed amendment may have a significant adverse impact on the environment; (2) that the proposal will not have any significant adverse impact on the environment; or (3) that the proposed amendment may have one or more substantial adverse impacts on the environment. If the applicant states that the proposed amendment may have a significant adverse impact on the environment, fully discuss the impact(s) and its( their) effect(s) on the environment and the mitigating measures that can be taken to lessen the impact. Additional Information Additional information, exhibits, or other material shall be provided to the Commission upon request of the Commission's Executive Director if he or she determines that such information, exhibits, or other material is reasonably necessary for the Commission to fully understand the proposed plan amendment or change and its impacts. s 11008. Payment of Costs of Processing of an Amendment to a Commission Planning Document. (a) Whenever a person, agency, or organization other than the Commission or the Executive Director proposes that the Commission amend any of its planning documents other than deleting a park priority use designation from private property based on an alleged lack of substantial probability that a public entity will be committed to the acquisition of the property within three years beginning on January 1 of the year following the Commission's consideration of the proposed amendment, that per son, agency, or organization shall be responsible for paying the Commission's full costs of processing and acting on the application as determined pursuant to this section, provided that the total amount of payments required shall not exceed one hundred and twenty percent (120%) of the estimated total cost as determined by the Commission staff. (b) At the time of submitting the application required by section 11000, any person, agency, or organization required by section 11008(a) to pay for the cost of amending the Commission planning document shall submit to the Commission a cashier's check in the amount of $5,000 payable to the Commission and shall execute an agreement that obligates the person, agency, or organization to pay all such Commission costs of processing and acting on the application as determined pursuant to this section. (c) The agreement required by Section 11008(b) shall include in it an estimate of the total cost of the Commission's processing and acting on the application, including the direct costs of all Commission staff time, a reasonable figure for staff overhead, and all consultant costs. The amendment applicant shall not be responsible, and the agreement shall so state explicitly, for the payment of any charges in excess of one hundred and twenty percent (120%) of the estimated cost contained in the agreement. (d) Before the Commission determines to commence processing the amendment request by adopting and issuing the descriptive notice, the Commission may at the request of the amendment applicant modify downward the estimated total cost of the Commission's processing and acting on the amendment application. If the Commission modifies the estimated cost downward, the agreement between the Commission and the amendment applicant shall be modified to reflect the modified estimated cost. (e) After the Commission commences processing an application to amend a Commission planning document, the Commission shall submit on a quarterly basis to the amendment applicant a bill for the actual costs incurred, including overhead, by the Commission, the Commission's staff, and the Commission's consultants during the preceding quarter. (f) The applicant for the plan amendment shall pay the bill received pursuant to section 11008(e) within 30 days of receipt of the bill. Failure to make full payment on any such bill within 30 days of its receipt shall allow the Commission and the staff to discontinue work on the application until such complete payment has been made. (g) After either (1) the Commission and its staff completes all work, including voting, on a pending plan amendment application, (2) the applicant formally withdraws the pending application, or (3) the applicant abandons the application, the Commission shall apply the $5,000 deposit to the remaining unpaid costs for processing the application. If any of the $5,000 remains after paying all of the unpaid costs of processing the application, the Commission shall refund the remaining funds to the applicant. If the unpaid costs of processing the application exceed $5,000, the Commission shall within 30 days bill the applicant for all of those costs that exceed the $5,000 deposit. (h) If the Commission abandons its consideration of an application to amend a Commission planning document pursuant to section 11008(i) or otherwise fails to act on the application, the person, agency, or organization who submitted the amendment application shall remain responsible for paying all of the costs, including overhead, of processing and acting on the application that the Commission incurred prior to the abandonment or failure to act. (i) Abandonment of a plan amendment application shall occur only when the Executive Director or Commission concludes that no reasonable probability exists that the amendment applicant intends to pursue the application based on all of the circumstances that surround the pending plan amendment application. (j) Nonpayment of an overdue bill for prior costs associated with a plan amendment application for a period of three months shall constitute evidence that a plan amendment applicant has abandoned the application unless the applicant submits written evidence to the contrary and the Executive Director concludes that the applicant does not intend to abandon the application and that reasonable grounds exist to explain the nonpayment. (k) A plan amendment applicant may at any time appeal from the amount of funds stated as due in a bill from the Commission staff by submitting in writing within 10 days of receipt of the bill a statement of precisely what the applicant believes is incorrect about the bill, what the amendment applicant believes the correct bill should be, and all documentation that the amendment applicant wants to submit to support his or her contention(s). Thereafter, the Executive Director shall determine within 10 days of receipt of the written appeal whether to grant or to deny the appeal in whole or in part. If the amendment applicant is still not satisfied with the proposed bill after the Executive Director has ruled on the appeal, the applicant may meet with the Chairman to try to resolve the dispute and ultimately present his or her claim to the Commission. The Commission shall be the final arbiter of the fee that the amendment applicant must pay. Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 29202 and 29418, Public Resources Code. s 11020. Other Planning Matters. To the extent that other planning matters, pursuant to Government Code Section 66630 and Government Code 66658 require environmental documentation pursuant to the California Environmental Quality Act, the procedures outlined in this chapter for plan amendments, including the preparation of a staff planning report, the holding of a public hearing, and the preparation and vote on a staff planning recommendation, shall be followed with the following exceptions: (a) the staff planning report and the staff planning recommendation may be combined into one document, entitled "Joint Staff Report and Recommendation"; and (b) if the staff prepares a joint report and recommendation, the staff shall mail the document at least thirty (30) days prior to the public hearing. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66630 and 66658, Government Code; and Section 29201(f), Public Resources Code. s 11021. Power Plant Siting. The Commission has designated the following areas within its jurisdiction where the siting of thermal power plants that would generate 50 or more megawatts of power, and some or all ancillary facilities, would be precluded or limited. (a) Full Designation: the following areas are fully designated as non-siting areas where neither power plants nor ancillary facilities may be constructed, except for ancillary facilities that the Commission determines would have no substantial adverse environmental effects and would not conflict with priority use areas identified in theSan Francisco Bay Plan. (1) Existing and proposed public parks; (2) Existing and proposed public and private wildlife refuges; (3) Existing and proposed Bay habitat restoration sites; (4) Wildlife Priority Use Areas; (5) Waterfront Park or Beach Priority Use Areas, including marinas, fishing piers and boat launching ramps; (6) Suisun Marsh Primary Management Area; (7) Tidal marshes, tidal flats and managed wetlands; (8) Riparian vegetation; (9) Habitat of species that are listed by a fish and wildlife management agency as threatened or endangered; and (10) Marine mammal haul-out and pupping sites. (b) Partial Designation: the following categories are partially designated as non-siting areas where the siting of power plants and ancillary facilities is limited, precluded or conditioned. (1) Category A (A) Category A includes the following areas designated by theSan Francisco Bay Plan. (i) Water-related industry priority use areas; (ii) Port priority use areas; and (iii) Airport priority use areas. (B) A power plant and any ancillary facility may be located within a Category A area when the project would not preclude or adversely affect the existing or future use of the priority use area for its primary purpose. (2) Category B (A) Category B includes the following areas: (i) The Commission's Bay and certain waterway jurisdiction other than the areas identified in subsections (a) and (b)(3); (ii) The Suisun Marsh Secondary Management Area; (iii) Salt ponds; and (iv) Existing and proposed public access areas, including the San Francisco Bay Trail, when alternative access is provided during construction and the original access is restored thereafter. (B) The following ancillary facilities may be located within Category B areas. Other ancillary facilities may be located within Category B areas when the Commission determines they would have no substantial adverse environmental effects and would not conflict with priority use areas identified in theSan Francisco Bay Plan. Power plants may not be constructed within these areas. (i) Underground or underwater electric transmission lines; (ii) Intake or discharge lines and structures for cooling systems; (iii) Underground or underwater fuel pipelines; and (iv) Underground or underwater steam pipelines. (3) Category C (A) Category C includes the following areas identified by the McAteer-Petris Act, theSan Francisco Bay Planand theSuisun Marsh Protection Planand not otherwise designated in subsections (a) and (b)(2). (i) Subtidal areas; (ii) Migratory fish routes; (iii) Spawning areas; and (iv) Nursery sites for juvenile fish and other aquatic organisms. (B) The following ancillary facilities may be located within Category C areas when the project would not adversely affect migratory fish, their migration routes, and their spawning and nursery sites. Other ancillary facilities may be located within Category B areas when the Commission determines that the facilities would not adversely affect migratory fish, their migration routes and their spawning and nursery sites, would have no other substantial adverse environmental effects, and would not conflict with priority use areas identified in theSan Francisco Bay Plan.Power plants may not be constructed within these areas. (i) Overhead electric transmission lines; (ii) Intake or discharge lines for cooling systems that pass completely through the area; (iii) Underground or underwater fuel pipelines; and (iv) Underground or underwater steam pipelines. (c) Definitions. For the purposes of this section, the following definitions apply: (1) "Proposed parks," "proposed wildlife refuges," "proposed Bay habitat restoration sites" and "proposed public access areas" mean parks, wildlife refuges, restoration sites and public access areas for which funding has been acquired. (2) "Ancillary facility" means a facility that will be required in order to generate and transmit power from a power plant. Such facilities include transmission lines, intake and discharge lines and structures, and fuel and steam pipelines. (d) Despite the provisions of subsections (a) and (b), the Commission may advise the California Energy Commission that it does not object to a proposed project when either: (1) Due to the designations in this section there is a lack of areas available for the siting of a power plant in which case the Commission shall apply the following order of priorities for identifying the most appropriate sites: (A) The project would expand facilities within existing power plant sites; (B) The project would develop a new site adjacent to an existing power plant site; (C) The project would develop a new site in otherwise undesignated areas; or (D) The project would develop a new site in partially designated areas only after a determination that: (i) the Bay site has greater relative merit than available inland sites; (ii) the proposed development is consistent with the primary use of the land; (iii) there will be no substantial adverse environmental effects; (iv) approval by any public agency having ownership or control of the land is obtained; and (v) opportunities consistent with the first four priorities are not feasible; or (2) The project would avoid all adverse effects on the resource areas and would otherwise comply with the Commission's laws and policies. Note: Authority cited: Sections 66632(f) and 66645, Government Code; and Section 29201(e), Public Resource Code. Reference: Section 66645, Government Code; theSan Francisco Bay Plan; theSuisun Marsh Protection Plan; and Sections 25507 and 25523, Public Resource Code. s 11100. Definition and Effect of a Special Area Plan. (a) A "special area plan" is an amendment to the San Francisco Bay Plan that applies any or all policies of the Bay Plan in greater detail to the geographic area covered by the special area plan. (b) A proposed special area plan shall have no force or effect on the Commission. After the Commission has adopted a special area plan as an amendment to the Bay Plan, it shall have the full force and effect of the San Francisco Bay Plan. (c) Adoption of a special area plan shall not alter the requirement established in Government Code Section 66632 that a permit must be secured from the Commission for any development within its jurisdiction. (d) A special area plan shall normally be prepared by a "Joint Special Advisory Committee" which includes member(s) of local government, member(s) of the Commission, member(s) appointed by local government to represent local interests, and member(s) appointed by the Commission to represent regional interests. The size and membership will vary depending on the geographical area, but its size, composition, authority, chairman, and vice chairman shall be agreed upon by separate resolution of the Commission and local government prior to commencement of special area planning. No action taken by the joint special advisory committee is binding on the Commission or local government. Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41. s 11101. Special Area Planning Procedures. (a) The Commission, the Executive Director, a local government, or any other person may propose that the Commission develop a special area plan. (b) After such a proposal has been made, the Executive Director shall prepare a brief summary and report on the proposal that shall include the following information: (1) the boundaries of the area involved; (2) the issues and concerns to be addressed in the planning process and the reasons for developing a special area plan; (3) the estimated cost and personnel needed to complete the study and the source of the funds needed to pay for it; (4) an estimate of the amount of time that it would take to complete the special area planning process; (5) whether the Executive Director recommends that the Commission develop a special area plan; (6) whether the Executive Director recommends that a joint special advisory committee be appointed to assist in preparing the special area plan and the recommended membership of any such advisory committee; and (7) any other information the Executive Director deems appropriate. (c) The Executive Director shall mail the report and, if the Executive Director recommends that the Commission develop a special area plan, a draft resolution that complies with Section 11102 to the Commission, to all interested parties, to all affected local jurisdictions, and to all other persons who have requested such mailing in writing. (d) The Executive Director shall schedule a public hearing prior to the Commission's determination whether or not to develop a special area plan. The public hearing shall occur no earlier than ten (10) days after the Executive Director mails the report on the proposal to develop a special area plan. (e) The Commission shall determine whether to develop a special area plan by majority vote at any time after the public hearing. Ifthe Commission determines that it wants to develop a special area plan, it shall make that determination by resolution that complies with the requirements of Section 11102. Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41. s 11102. Contents of a Resolution to Develop a Special Area Plan. A Commission resolution to develop a special area plan shall contain the following information: (a) the boundaries of the area to be studied; (b) the reasons for developing a special area plan and the purpose of the special area plan; (c) any specific issues that the Commission wants the special area planning to address; (d) the procedures to be used to prepare the special area plan, specifically addressing who will do the work and any special procedures that will be used to assure participation by any interested or affected persons, e.g., the holding of a public hearing, the use, membership, and representation of a joint special advisory committee, etc.; (e) any conditions that the Commission believes appropriate to the proposed special area planning; and (f) any other matter that the Commission deems appropriate to the proposed special area planning. Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41. s 11103. Periodic Reports on Special Area Planning. The Executive Director shall periodically include as part of his or her report a summary of the progress of any special area planning. The summary shall specifically identify any issues of substantial concern, any substantial deviations from the procedures established by the Commission's resolution authorizing the special area planning, and any changes that the Executive Director deems necessary to fulfill the purpose of the special area planning. (b) The Executive Director shall provide to the Commission a copy of any report, study, or plan published as a result of the special area planning and shall make such materials available to the public. (c) If the Executive Director determines at any time that the special area planning process is not addressing or resolving the identified issues, or is not providing sufficient opportunity to all interested persons to make their views known, or that changed circumstances exist that make further Commission participation in the special area planning process questionable, he or she shall so advise the Commission and make any appropriate recommendation(s). The Commission shall then determine by a majority vote of those present and voting whether to continue the special area planning without any changes, to continue the special area planning with changes, or to terminate the special area planning. (d) Whenever the Executive Director or the Commission determines that the special area planning process has reached the point where it is appropriate to commence the process to amend the Bay Plan, the Commission and the staff will thereafter follow the procedures of Chapter 10 for amending the Bay Plan. Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41. s 11200. Local Agency Requirements for Components of the Local Protection Program. (a) Each local government and district; required to prepare a component of the Suisun Marsh Local Protection Program and the Solano County Local Agency Formation Commission shall include in their components of the Suisun Marsh Local Protection Program an initial environmental assessment of the component. (b) The initial environmental assessment shall discuss all substantial adverse environmental impacts associated with the adoption of the component, including the growth-inducing impacts and the cumulative impacts. The analysis shall also discuss feasible alternatives and mitigation measures that the component will require. (c) Each local government, district, and the Solano County Local Agency Formation Commission shall circulate their approved initial environmental assessments to all interested local governments, responsible agencies, and all interested parties at least thirty (30) days prior to Solano County's consideration of the component. (d) When a component is presented to the County for endorsement, the component shall list the place, date, mailing list, and notice(s) published for all public hearings that have been held. The component shall also include all written communications received and responses to them. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11201. County Endorsement of the Local Protection Program. (a) The County may submit components of a local protection program separately for certification by the Commission. (b) County endorsement of a local protection program or a component thereof is advisory to the Commission. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11202. Commission Distribution of an Endorsed Local Protection Program or Components Thereof. (a) The County shall furnish to the Commission fifteen (15) copies of an endorsed local protection program or component thereof, and within fifteen (15) days of its receipt by the Commission, the Commission shall distribute a copy of the program or component to the following agencies for comment for a period of not more than sixty (60) days: (1) California Department of Fish and Game; (2) California Department of Health Services; (3) All local governments in the County; (4) Regional Water Quality Control Board, San Francisco Bay Region; (5) State Lands Commission; (6) Attorney General's Office (Deputy Assigned to the Commission); (7) U.S. Army Corps of Engineers, San Francisco District; and (8) Any other governmental agencies and interested parties who have requested a copy of the program. (b) The Commission shall publish once a week for at least two weeks beginning at least thirty (30) days prior to the public hearing notice of the availability of the endorsed local protection program or component for public inspection at the Commission office in a newspaper of general circulation. (c) With respect to the number of copies that paragraph (a) of this section requires the County to submit, the Executive Director may waive any or all of the requirement if he or she determines that any of the agencies already have a copy of the program or component. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11203. Contents and Distribution of Staff Summary. (a) The Executive Director shall prepare a brief summary of a proposed local protection program component or proposed amendment to the local protection program or a local protection program component. (b) The summary shall include staff comments, which shall be clearly distinguished as such, and shall cover the following matters: (1) whether the proposed component or proposed amendment conforms to the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan, and if the proposed component or proposed amendment does not so conform, a specific explanation of how it does not so conform; (2) a summary of all environmental documentation that the lead agency has prepared; (3) what action the sponsor of the proposed component or proposed amendment has taken; and (4) a summary of all comments that the staff has received and a brief response to all comments. (c) The staff shall mail the staff summary with a copy of the proposed component or amendment and any environmental document at least six (6) days prior to the public hearing to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202(a). Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11204. Public Hearing(s). (a) The Commission shall hold a public hearing on the local protection program or component or amendment within ninety (90) days of its receipt from the County. (b) The Executive Director shall mail notice of the public hearing to all Commissioners and their Alternates, to each of the governmental agencies listed in paragraph (a) of Section 11202, to all interested agencies, organizations, and individuals, and to any other person who requests such notice in writing. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11205. Staff Recommendation. (a) The Executive Director may request the sponsor of the proposed program, component, or amendment to provide any additional information or commitment that he or she deems necessary to prepare the recommendation and shall report any failure to comply with such requests to the Commission. (b) The Executive Director shall prepare a staff recommendation that shall contain the following: (1) responses to all comments received either in writing or at the public hearing; (2) any necessary revisions to the initial environmental assessment; (3) a recommendation for Commission action on the certification of the local protection program, component, or amendment, which can only be to certify or to refuse to certify, with or without recommendations to the appropriate local agency and county on what the Commission believes would be necessary for it to certify the program, component, or amendment; and (4) a draft resolution of certification that complies with Section 11206 or a draft resolution of refusal to certify that complies with Section 11207. (c) The Executive Director shall mail the staff recommendation to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202. The mailing shall occur not less than six (6) days prior to the date of the scheduled Commission vote. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11206. Contents of Resolution of Certification. A resolution that certifies the local protection program, a component of the local protection program, or an amendment to the local protection program or component shall include the following: (a) a statement that the program, component, or amendment conforms to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan; (b) the text and all necessary diagrams, drawings, exhibits, maps, charts, and supplementary data of the program, component, or amendment; and (c) specific findings of fact that support the following legal conclusions: (1) the program, component, or amendment conforms to the relevant provisions of California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the San Francisco Bay Plan; and (2) the program, component, or amendment will either have no significant adverse environmental impacts on matters that the Commission must by law approve or disapprove or has included all feasible alternatives or feasible mitigation measures necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11207. Contents of Resolution of Non-Certification. A resolution that denies the certification of the local protection program, a component, or an amendment shall include the following: (a) a statement of all the ways that the proposed program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove; (b) the text and all necessary drawings, exhibits, etc., of the program, component, or amendment; and (c) specific findings of fact that support the conclusion that the program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code. s 11208. Notice of Certification of Local Protection Program. The Executive Director shall make every reasonable effort to assure that all interested persons receive notice of the certified local protection program, component, or amendment. The Executive Director shall also file a notice of the adoption of the local protection program, component, or amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v). Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 21080.5(d)(2)(v) and 29400-29424, Public Resources Code. s 11210. Amendment Submittal Requirements. The Commission may file for review a proposed amendment to the certified Suisun Marsh local protection program or a component thereof only if the proposed amendment is submitted pursuant to a resolution of the entity that proposes the amendment adopted after the entity held at least one (1) public hearing. The resolution of the proposed amendment shall contain the following information: (a) all policies, plans, standards, objectives, diagrams, drawings, maps, charts, and supplementary data related to the proposed amendment in detail sufficient to allow review of the proposed amendment for conformity with the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan; (b) a discussion of the proposed amendment's effect on the component being amended, its relationship to and its effect on the other sections of the local protection program, and its conformity with California Public Resources Code Sections 29000 through 29612 and the policies of the San Francisco Bay Plan and the Suisun Marsh Protection Plan. (c) any environmental documents required pursuant to California Public Resources Code Section 21000 through 21177 for all or any portion of the proposed amendment; (d) a summary of the measures taken to provide the public and any affected agency with maximum opportunity to participate in the local protection program or component amendment process, including proof that the entity proposing the amendment gave written notice of its public hearing to all other entities whose components would be affected by the amendment; and (e) If the proposed amendment would affect any area outside of Suisun Marsh, a statement that the entity proposing the amendment has held a public hearing for which it gave at least thirty (30) days prior notice, and had given the Commission and Solano County at least thirty (30) days prior notice of the nature and text of the proposed amendment. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code. s 11211. Submittal of an Amendment. (a) Within ten (10) working days of receipt by the Commission of a proposed amendment to the local protection program or component thereof, the Executive Director shall determine whether the proposed amendment meets the submittal requirements of Section 11210. (b) If the Executive Director determines that the proposed amendment and supporting materials meet the submittal requirements of Section 11210, the Executive Director shall stamp all the materials "Filed BCDC" and the date of filing and notify the entity that submitted the proposed amendment of its filing. (c) If the Executive Director determines that the proposed amendment does not satisfy the requirements of Section 11210, the Executive Director shall transmit to the entity that proposed the amendment a written explanation of why the proposed amendment and supporting materials do not comply with Section 11210. (d) The filing of a proposed amendment and supporting materials shall constitute submittal of the amendment pursuant to California Public Resources Code Section 29410. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code. s 11212. Processing Amendments to the Local Protection Program or Component Thereof. The Commission shall process a proposed amendment to the Suisun Marsh local protection program or to any component thereof in accordance with Sections 11202 through 11208, except that amendments designated as minor by the Executive Director under Sections 11213 and 11214 shall be processed only as provided in Section 11214. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 24919, Public Resources Code. s 11213. Definition of a Minor Amendment. A minor amendment to the Suisun Marsh local protection program or any component thereof is an amendment that is consistent with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan and that is one or more of the following: (a) changes in wording, maps, or diagrams of any general, specific, or area plan, other policy document, zoning ordinance, zoning district map, regulation, or standard that does not change the designated, allowable, or permitted use, density, or intensity of land use or sphere of influence or boundary of any city; or (b) changes in any certified management plan or policy document of the Suisun Resource Conservation District or the Solano County Mosquito Abatement District that does not change the permitted or allowable use of any land and does not change any water management program or practice. Note: Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code. s 11214. Designation of an Amendment as Minor. (a) If the Executive Director intends to determine that a proposed amendment is minor, he or she shall notify the Commission of this intent by summarizing the proposed amendment and stating the intent as part of the administrative listing of administrative permits and consistency determinations that Section 10620 requires. (b) The Executive Director shall send the listing to or shall otherwise notify in writing the County of Solano, the Cities of Benicia, Fairfield, and Suisun City, the Solano County Local Agency Formation Commission, the Solano County Mosquito Abatement District, the Suisun Resource Conservation District, the California Department of Fish and Game, the United States Fish and Wildlife Service, and the United States Bureau of Reclamation at least nine (9) working days before the meeting at which the Commission may comment on the listing. (c) If two (2) or more members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the determination shall not become effective and the Commission shall process the amendment pursuant to Section 11212. (d) If less than two (2) members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the proposed determination shall become effective and the amendment shall become effective on the tenth (10th) working day following the meeting at which the amendment was listed. (e) The Executive Director shall give written notice of final action on the proposed amendment to the entity that proposed the amendment and to all persons who have requested in writing that they receive such notice. Note: Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code. s 11215. Frequency of Amendments. No local government, district, nor the Solano County Local Agency Formation Commission shall submit an amendment to the Commission or the Executive Director for certification more frequently than three (3) times during any calendar year. Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Section 29418, Government Code; and Section 65361, Government Code. s 11300. Grounds for the Issuance of Cease and Desist Orders. Any one of the following actions shall constitute grounds for the issuance by the Commission of a cease and desist order: (1) the undertaking or threat to undertake an activity that requires a Commission permit without having obtained a Commission permit, (2) the violation of a term or condition of a Commission permit, or (3) the inclusion of inaccurate information in a permit application or at the public hearing on the permit application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66638, Government Code; and Section 29601, Public Resources Code. s 11301. Grounds for Permit Revocation. Any one of the following actions shall be grounds for the complete or partial revocation of a Commission permit: (1) the violation of a term or condition of a permit, (2) the violation of a Commission cease and desist order or an Executive Director's cease and desist order, or (3) the inclusion of inaccurate information in a permit application or at the public hearing on a permit application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d); Government Code; Section 29601, Public Resources Code; and Sunset Amusement Company v. Board of Police Commissioners (1972) 7 Cal.3d 64, 80. s 11302. Grounds for the Imposition of Administrative Civil Penalties. Any one of the following actions shall constitute grounds for the imposition of civil penalties by the Commission: (1) the undertaking of any activity that requires a Commission permit without having obtained the Commission permit or (2) the violation of any term or condition of a Commission permit. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641.5, Government Code; and Sections 29610-29611, Public Resources Code. s 11303. Referral to the Attorney General by the Commission or the Executive Director. (a) A violation of any one of the following shall be grounds for the referral of the violation by the Commission or the Executive Director to the Attorney General's Office without the Commission's having issued either a cease and desist order or a permit revocation order: (1) the McAteer-Petris Act, (2) the Suisun Marsh Preservation Act, (3) the Federal Coastal Zone Management Act, or (4) a term or condition of a Commission permit. (b) In addition, a violation of either a Commission cease and desist order or a Commission permit revocation order shall also be grounds for the referral of the violation by either the Commission or the Executive Director to the Attorney General's Office. (c) A referral made to the Attorney General's Office pursuant to subsections (a) and (b) may include any other unresolved, alleged violation including those of the type enumerated in Section 11386. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29601, Public Resources Code. s 11310. Definitions. The following definitions are applicable to this chapter: (a) "Complaint," as used in subsection (b) of Section 66641.6 of the Government Code, means the document that initiates the possible imposition of administrative civil penalties by the Commission. A complaint shall contain the information required by Government Code Section 66641.6(b) and otherwise follow the format for a staff violation report as set out in Appendix H. (b) "Enforcement committee," as used in this chapter, means a committee that the Commission has established pursuant to Commission resolution or by appointment by the Chair without Commission objection to assist the Commission in carrying out its enforcement responsibilities. (c) "Enforcement hearing," as used in this chapter, means any public hearing held before a hearing officer, the enforcement committee, or the Commission as part of a Commission enforcement proceeding. (d) "Hearing Officer," means any person appointed by the Commission to receive evidence, hear arguments, make findings of fact, and recommend to the Commission what action it should take on an enforcement matter. (e) "Person," as used in Sections 66637 through 66642 of the Government Code and in this chapter, means any individual, firm, association, organization, partnership, business trust, corporation, company, or governmental agency. (f) "Respondent," as used in this chapter, means a person to whom the Commission staff has issued a violation report and a statement of defense form in accordance with Section 11321(c). Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11320. Staff Investigation and Discovery. As part of any enforcement investigation, the Executive Director may issue subpenas and the staff may send interrogatories, conduct depositions, and inspect property at any time. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11180-11181, 66637, 66638 and 66643, Government Code; and Section 29601, Public Resources Code. s 11321. Commencing Commission Enforcement Proceedings. (a) If the Executive Director believes that the results of an enforcement investigation so warrant, the Executive Director shall commence Commission enforcement proceedings by issuing at least 45 days prior to holding an enforcement hearing on the matter the following materials to the last known address of each party that the Executive Director believes may be legally responsible in some manner for the alleged violation: (1) a violation report that complies with the format set out in Appendix H, (2) a complaint for civil penalties that complies with the format set out in Appendix H if the staff seeks civil penalties, and (3) a statement of defense form that complies with the format set out in Appendix I. The violation report and complaint for civil penalties can be combined into a single document so long as it contains all the information required for both. (b) The violation report shall refer to all documents on which the staff relies to provide a prima facie case and give notice that the documents may be inspected at the Commission's office and that copies will be provided with five days prior notice and upon payment of the cost of copying. (c) Issuance of a violation report shall occur when the violation report is mailed by certified mail to all persons or entities named as a respondent in the violation report. Issuance of a complaint for civil penalties shall occur when the complaint for civil penalties is mailed by certified mail to all persons or entities name as a respondent in the complaint. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Sections 29610-29611, Public Resources Code. s 11322. Respondent's Required Response to the Violation Report. (a) Within thirty-five (35) days of the issuance of the violation report and the statement of defense form, each respondent shall submit to the Commission as its office an original and five copies of the completed statement of defense form and an original (or verified copy) and five copies of all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters. Once submitted, all such declarations and documents shall be permanently retained by the Commission as part of the enforcement record. (b) If a respondent believes that cross-examination of a person relied on by staff in its violation report is needed to show or contest a fact alleged in the violation report, the respondent shall request such cross-examination in the statement of defense form. The addendum shall list the name of each person the respondent wants to cross examine, all documents about which the respondent wants to cross examine, a description of the area of knowledge about which the respondent wants to cross-examine the person, including a specific reference to the fact or information respondent disputes, the information that respondent believes can be elicited by cross-examination, and the reasons the respondent believes that the information can best be provided by cross-examination rather than by the submittal of declarations or other written evidence. (c) Within 35 days of the issuance of a complaint for civil penalties and a statement of defense form, each respondent shall submit to the Commission at its office either (1) a certified cashier's check in the amount of the proposed civil penalty or (2) the completed statement of defense form and all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters, and any request to allow cross-examination. (d) If the staff wants to cross-examine, the staff shall, within seven days of receiving a statement of defense form, mail to all respondents a list of all persons that the staff wants to cross examine, the area or areas of knowledge about which the staff wants to cross-examine the witness, and the information that the staff hopes to elicit in cross-examination. (e) If the Executive Director sends a violation report and a complaint for civil penalties together, paying the civil penalties will not release the respondent from the possible issuance of a cease and desist order or permit revocation order. (f) The Executive Director may at his or her discretion extend the 35-day time limit imposed by paragraphs (a) and (c) of this section upon receipt within the 35-day time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the Executive Director identifies to the requesting party as being exempt from the 35-day filing requirement and shall be valid only for such additional time as the Executive Director allows. (g) If a respondent responds to a complaint for the imposition of administrative civil penalties by submitting a cashier's check in the appropriate amount to the Executive Director in a timely fashion, the Executive Director shall cash the check and list the violation, the amount of the proposed penalty, and the fact that the respondent has agreed to pay the penalty as part of the administrative permit listing within 30 days of receipt of the check. (h) At the next Commission meeting after receiving the listing, the Commission can object to the amount of a proposed administrative civil penalty that a respondent has paid by voting by a majority of those present and voting. If the Commission so objects, the Executive Director shall return the respondent's money and the respondent shall file his or her completed statement of defense form and supporting documents within 35 days of the Commission's action. Thereafter, the enforcement matter shall proceed according to these regulations. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Section 29610-29611, Public Resources Code. s 11323. Distribution of Notice of Enforcement Hearings. (a) At least ten (10) days prior to the initial enforcement hearing on a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed Commission civil penalty order, whether held before the enforcement committee, the Commission, or a hearing officer, the Executive Director shall mail by regular mail a written notice of the date, time, and place of the initial enforcement hearing to all respondents at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the respondent if the respondent has already received notice of the hearing in a cease and desist order issued by the Executive Director. A meeting notice mailed pursuant to California Government Code Section 11125 will meet this notice requirement. (b) After the initial enforcement hearing, notice of further enforcement hearings may be given by either announcing the date, time, and place of the further meeting on the record at the close of the preceding enforcement hearing or by mailing written notice of the date, time, and place of the further meeting to all respondents at least 10 days prior to the further enforcement hearing. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66641.5, and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11324. Distribution of the Violation Report, Statement of Defense Form(s), and Recommended Enforcement Decision. At least ten (10) days prior to the enforcement hearing, the Executive Director shall mail by regular mail the following materials to each respondent, and to the committee members if the enforcement hearing will be held before the enforcement committee, to the hearing officer if the enforcement hearing will be held before a hearing officer, or to the Commission if the enforcement hearing will be held before the Commission: (1) the violation report, (2) each completed statement of defense form and the enclosed exhibits, with a notation that indicates if any of the statements have been filed in an untimely fashion, and (3) a recommended enforcement decision that complies with Section 11326. Note: Authority cited: Section 66632(f), Government Code, and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11325. Ex Parte Contacts. Note: Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11326. Contents of an Executive Director's Recommended Enforcement Decision. (a) The Executive Director shall prepare a recommended enforcement decision on a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed civil penalty order. (b) The Executive Director's recommended enforcement decision shall be in writing and shall include: (1) a brief summary of (A) any background to the alleged violation, (B) the essential allegations made by staff in its violation report (C) a list of all essential allegations either admitted or not contested by respondent(s), (D) all defenses and mitigating factors raised by the respondent(s), and (E) any rebuttal evidence raised by the staff to matters raised in the statement of defense form with references to supporting documents; (2) a summary and analysis of all unresolved issues; (3) a statement of whether the Executive Director has issued a cease and desist order and its expiration date; and (4) a recommendation on what action the Commission should take; and (5) the proposed text of any cease and desist order, permit revocation order, or civil penalty order that the Executive Director recommends that the Commission issue. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66642 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11327. Enforcement Hearing Procedure. Enforcement hearings shall proceed in the following manner: (a) the Chair shall announce the matter, ask all respondents or their attorneys present to identify themselves for the record, indicate what matters are already part of the record, and announce any imposition of time limits for presentations to be made by the staff, the respondent(s), and the public at the hearing; (b) the Chair may impose time limits based on the circumstances of the alleged violation(s), the number of other items contained on the meeting agenda, the number of persons who intend to speak, and such other factors as the Chair believes relevant; (c) the staff shall summarize the violation report and recommended enforcement decision with particular attention to limiting its presentation to issues of controversy; (d) each respondent shall summarize its position(s) on the matter(s) relevant to the alleged violation or proposed order with particular attention to those issue(s) where an actual controversy exists between the staff and the reported party(s); (e) other speakers may speak concerning the matter; (f) presentations made by the staff, a respondent, and other speakers shall be limited to responding to (1) evidence already made part of the enforcement record and (2) the policy implications of such evidence; the committee and the Commission shall not allow oral testimony unless the committee and Commission believes that such testimony is essential to resolve any factual issues that remain unresolved after reviewing the existing written record and whose resolution is essential to determining whether a violation has occurred or to determining what remedy is appropriate. If the committee or Commission allows oral testimony, such testimony shall be taken under oath, and all representatives of the staff and all respondents shall be given a right to cross-examine all witnesses who are allowed to testify and a right to have rebuttal witnesses similarly testify; (g) cross-examination of any witness whose declaration under penalty of perjury has become part of the enforcement record shall be permitted only if the party who wishes to cross-examine has identified in writing pursuant either to Section 11322(a) or Section 11322(c) the person to be cross-examined, the area or areas of information into which the cross-examination will delve, and the information sought to be uncovered. (h) Committee members, a hearing officer, and Commissioners may ask questions at any time during the hearing or deliberations. (i) the enforcement committee, hearing officer, or Commission shall close the public hearing after the staff, all respondents, and the public have completed their presentations and committee members, the hearing officer, or Commissioners have completed their questioning; (j) the enforcement committee or Commission shall deliberate and vote on an enforcement matter; and (k) if a hearing officer has been appointed for an enforcement matter, the hearing officer shall render a written decision that follows the format of an Executive Director's recommended enforcement decision within 14 days of the closing of the enforcement hearing. Note: Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11328. Acceptance of Late Evidence. The introduction of surprise testimony and exhibits at enforcement hearings shall be discouraged. All documents and declarations under penalty of perjury shall be submitted with the completed statement of defense form except to the extent the Executive Director has extended the time for such submittal pursuant to Section 11322(d) or the Commission admits the evidence into the record pursuant to Section 11327(f) and this section. To this end, the Commission, any hearing officer, and the enforcement committee shall not accept into the record or consider any statement of defense form or any written evidence not filed in a timely manner unless the Commission, hearing officer, or enforcement committee finds that (1) the person seeking to introduce the evidence made all reasonable efforts to obtain and submit the evidence in a timely manner and would be substantially harmed if the evidence were not admitted and (2) no other party would suffer substantial prejudice by its admission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66638 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11329. Admissibility of Evidence. (a) Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in civil actions. (b) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action or unless it is in the form of a declaration under penalty of perjury or in the form of another document referred to in a violation report or complaint for the imposition of civil penalties and the declarant or author of the other document is subject to cross-examination as provided in Sections 11321, 11322, and 11327. (c) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant or unduly repetitious evidence shall be excluded. (d) The Chair, the enforcement committee chair, or the hearing officer if one has been appointed shall have the final authority to determine whether any evidence whose admissibility is challenged by objection shall be admitted into evidence and become part of the record. (e) In determining whether to admit testimony or exhibits into the record over objection, the Chair, the enforcement committee chair, or the hearing officer if one has been appointed shall consult with the Deputy Attorney General in attendance at the hearing. Note: Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638, 66641.5 and 66641.6, Government Code; and Section 29601, Public Resources Code. s 11330. Adoption of an Enforcement Committee or a Hearing Officer Recommended Enforcement Decision. After the enforcement committee or a hearing officer has closed the enforcement hearing and completed its deliberations, it shall adopt a recommended enforcement decision, which shall include all of the following: (a) all of the matters required by Section 11326; and (b) any further written report on or explanation of the enforcement proceedings as the enforcement committee or hearing officer believes is appropriate. The enforcement committee or a hearing officer can adopt with or without change the staff recommended enforcement decision. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11331. Referral of the Recommended Enforcement Decision to the Commission. At least ten (10) days prior to the Commission's consideration of a recommended enforcement decision referred to it either directly by the Executive Director, by the enforcement committee, or by a hearing officer, the staff shall mail the recommended enforcement decision to all respondents and to all Commissioners. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11332. Commission Action on Recommended Enforcement Decision. (a) When the Commission acts on a recommended enforcement decision, the Commission shall allow representatives of the staff, each respondent, and members of the public an opportunity to present their respective arguments on the recommendation, subject to such reasonable time limits as the Chair may impose and subject to a prohibition against the introduction of any new evidence unless the Commission proceeds either to remand the matter to the enforcement committee or hearing officer or hold a de novo evidentiary hearing. (b) Thereafter, the Commission shall do one of the following: (1) adopt the recommended enforcement decision without any change in any proposed cease and desist order, permit revocation order, or civil penalty order; (2) either (A) dismiss the entire matter by voting not to issue any proposed cease and desist order, proposed permit revocation order, or proposed civil penalty order or (B) adopt the recommended enforcement decision with regard to one or more of a proposed cease and desist order, a proposed permit revocation order, and a proposed civil penalty order and dismiss the other proposed order(s) recommended in the recommended enforcement decision by voting not to issue them; (3) remand the matter to the enforcement committee, hearing officer, or the staff for further action as the Commission directs; or (4) reject the recommended enforcement decision and decide to consider the entire matter de novo. In this event, the Commission shall continue the public hearing to the next available Commission meeting, when it shall proceed in accordance with the same procedural requirements as the Commission must follow under these regulations pursuant to Section 11327. As part of this de novo proceeding, the Commission can accept additional evidence only in compliance with Section 11327 or if the Commission provides the staff, all respondents, and the public a reasonable opportunity to review and respond to the additional evidence prior to the Commission's de novo review. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11333. Commission Hearing Procedures on Direct Referral of an Enforcement Matter by the Executive Director. When the Executive Director refers an enforcement matter directly to the Commission rather than to the enforcement committee, the Commission shall follow the procedures set out in Sections 11327 through 11329 and in Section 11334. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11334. Voting on a Proposed Commission Cease and Desist Order, a Proposed Commission Permit Revocation Order, or a Proposed Commission Civil Penalty Order. (a) The Commission shall vote on a recommended enforcement decision, a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed civil penalty order by roll call in alphabetical order except that the Chair shall vote last; (b) Any member may change his or her vote at any time before the Chair announces the final tally; and (c) The decision of whether or not to issue an order shall be by majority vote of those present and voting. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11335. Staff Report and Recommendation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11336. Distribution of Staff Report and Recommendation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11337. Notice of Public Hearing. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11338. Public Hearing Procedure. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11339. Admissibility of Evidence. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11513 and 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11340. Contents of Cease and Desist Orders. (a) Cease and desist orders shall be signed by the Executive Director and shall contain the following: (1) a statement of whether the Executive Director is issuing the order pursuant to Section 66637 of the Government Code or the Commission is issuing the order pursuant to Section 66638 of the Government Code; (2) the names of the person or persons who have undertaken or who are threatening to undertake the activity that is the subject of the order; (3) identification of the property where the activity has been undertaken or may be undertaken; (4) a description of the activity; (5) the effective date of the order; (6) the expiration date, if any, of the order; (7) any terms, conditions, or other provisions necessary to bring the activity into compliance with the provisions of the McAteer-Petris Act, the Suisun Marsh Preservation Act, or a permit; (8) written findings that (1) explain the decision to issue the order and (2) provide the factual and legal basis for the issuance of the order; (9) in the case of an order issued by the Executive Director, notice of the date and place of any public hearing to be held on any cease and desist order proposed to be issued by the Commission relating to the same activity if the Executive Director has scheduled one; (10) notice that a respondent may file with the superior court a petition for writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure within thirty (30) days after service of a copy of the order; and (11) such other provisions that the Commission has approved, including provisions relating to: (A) a disclaimer of any effect of the order upon any duties, rights, or obligations under private agreements or under regulations of other public bodies; (B) the obligation to conform strictly to the order and the consequences of the failure to do so; and (C) the fact that the order does not constitute a recognition of property rights. (b) A cease and desist order can be combined with a permit revocation order or a civil penalty order so long as the combined order contains all the information required under these regulations for both such orders. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11341. Modifications of Cease and Desist Orders Issued by the Executive Director. The Executive Director may modify a cease and desist order that he or she has issued, but he or she shall not do so in a manner that extends the 90-day expiration period provided for in Section 66637 of the Government Code unless a respondent stipulates in writing to the extension. The Executive Director may, however, issue consecutive cease and desist orders for a persisting violation or a persisting threatened violation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11342. Modification of Cease and Desist Orders Issued by the Commission. The Executive Director may modify a cease and desist order issued by the Commission if the modification would not be a material alteration of the order. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11343. Appeal from the Modification of a Commission Cease and Desist Order. (a) A person who has been personally served with a Commission cease and desist order or to whom the Commission has mailed by certified mail a cease and desist order and to whom the order is directed may appeal to the Commission any modification of the order by the Executive Director. (b) If the appeal is complete and filed within ten days of the personal service or mailing by certified mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect. (c) Appeals to modifications of a cease and desist order by the Executive Director cannot be filed more than ten days after the personal service or mailing by certified mail of the modification. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.5-66641.6, Government Code; and Section 29601, Public Resources Code. s 11344. Amendments to Cease and Desist Orders. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; Section 29601, Public Resources Code; and Bel Mar Estates v. California Coastal Commission (1981) Cal. App. 3d 936, 940. s 11350. Contents of Permit Revocation Orders. (a) Commission permit revocation orders shall be signed by the Executive Director and shall contain the following: (1) the names of the person or persons who have violated a term or condition of a Commission permit or a Commission cease and desist order or who have misstated any information on a permit application or at a public hearing; (2) an identification of the term or condition of a permit or a cease and desist order that was violated, the information that was misstated on the permit application; (3) the effective date of the order; (4) the work and uses that are no longer authorized and the date by which any corrective actions or termination of uses must occur; (5) any terms, conditions, or other provisions that the Commission may determine that, if complied with, could avoid revocation of the permit; (6) written findings that (A) explain the decision to issue the permit revocation order and (B) provide the factual and legal basis for the issuance of the order; (7) notice that an aggrieved party can file with the superior court a petition for a writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure. (b) A permit revocation order can be combined with a cease and desist order and a civil penalty order so long as the combined order contains all the information required by these regulations for both types of orders. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641, Government Code; and Section 29601, Public Resources Code. s 11351. Modification of Permit Revocation Orders. The Executive Director may modify a permit revocation order if the modification would not materially change the order. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29600, Public Resources Code. s 11352. Appeal from Modification of a Permit Revocation Order. (a) A person to whom the Commission has issued a permit revocation order may appeal to the Commission any modification of the order by the Executive Director by filing within ten (10) days of the date of the personal service or mailing by certified mail of the modification a written statement that the party is appealing the modification and the reasons for the appeal. (b) If the appeal is complete and filed within ten days of the personal service or mailing by certified mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect. (c) Appeals to modifications of a permit revocation order by the Executive Director cannot be filed more than ten days after the personal service or mailing by certified mail of the modification. Note: Authority cited: section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29600, Public Resources Code. s 11360. Preparation and Execution of Commission Cease and Desist Orders and Permit Revocation Orders. The Executive Director shall prepare and sign a cease and desist order or a permit revocation order authorized by the Commission no later than the fifth (5th) working day following approval. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code. s 11361. Issuance. "Issuance" of a cease and desist order, a permit revocation order, a civil penalty order, or of any modification of such orders, is complete when the Executive Director executes the original copies of the order or modification and they are stamped "Issued BCDC" with the date. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Sections 29600 and 29601, Public Resources Code. s 11362. Service of Copies. (a) Persons to Whom the Order or Modification is Issued. The Executive Director shall cause to be personally served or mailed by certified mail an original copy of a cease and desist order, a permit revocation order, and of any modifications to each person to whom the order is being issued no later than the second working day following the date of issuance. The Executive Director shall cause to be personally served or mail by registered mail a civil penalty order or modification to such order to each person to whom the order is being issued no later than the second working day following the date of issuance. (b) Other Interested Persons. The Executive Director shall personally serve on or shall mail by regular mail a copy of a cease and desist order or a permit revocation order authorized by the Commission and of any modification to each person who appeared at the hearing and submitted a written request for a copy as soon as possible after the Commission authorized the order or modification. (For civil penalty orders, see subdivision (d) of Government Code Section 66641.6.) Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66638 and 66641.6, Government Code; and Sections 29600 and 29601, Public Resources Code. s 11370. Enforcement Record. The record of an enforcement proceeding shall consist of (a) the violation report, including all documents referred to in the report; (b) any complaint for civil penalties; (c) all timely filed statement of defense form(s); (d) all untimely filed statement of defense forms that have nevertheless been admitted into evidence; (e) the staff recommended enforcement decision, including all documents referred to in the recommendation, (f) minutes of all enforcement committee and Commission enforcement hearings and deliberations, provided, that if eyewitness or expert testimony is allowed at the enforcement hearing, a verbatim transcript of such testimony shall also be included; (g) all evidence submitted but rejected because it was not filed in a timely manner or violated Section 11328, with a notation that it was rejected and is included in the record only so that a reviewing court will know what evidence was rejected; (h) any enforcement committee's or hearing officer's recommended enforcement decision, (i) any order that the Commission issues, (j) all other materials maintained in the Commission's file for the enforcement matter, (k) such other permit or other Commission files as have explicitly been made a part of the record, ( l) the McAteer-Petris Act, (m) the San Francisco Bay Plan, (n) the Suisun Marsh Preservation Act, (o) the Suisun Marsh Protection Plan, (p) the Suisun Marsh Local Protection Program, and (q) the Commission's regulations. Note: Authority cited: Section 66632(f), Government Code; and Section 29210(e), Public Resources Code. Reference: Sections 66639-66640 and 66641.7, Government Code; and Sections 29600 and 29601, Public Resources Code. s 11380. Contents of Complaint for Administrative Imposition of Civil Penalties. The complaint shall follow the same format as required for a Violation Report in Appendix H to these regulations. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66641.6, Government Code. s 11381. Commission Hearing on Complaint for Administrative Imposition of Civil Penalties. (a) The Commission shall comply with the requirements of Cal. Govt. Code Section 66641.6(b) by either (1) hearing the matter itself within 60 days of the service of the complaint or (2) by having the enforcement committee hold a hearing within 60 days of the service of the complaint. (b) The Executive Director shall determine whether to refer a complaint for the administrative imposition of civil penalties to the Commission or to the enforcement committee. (c) When the Executive Director determines whether to refer a complaint for civil penalties to the Commission or to the enforcement committee, he or she shall consider the following factors: (1) the time that it would take the Commission or enforcement committee to complete consideration of the complaint, (2) the relative workloads of the Commission and the enforcement committee at the time, (3) whether the complaint involves any policy issues that should be determined by the Commission initially, (4) whether the Commission or the enforcement committee has already heard any enforcement matter that is related to the complaint, and (5) any request by the Commission that it hear the matter directly. Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66641.6, Government Code. s 11382. Further Procedures for Commission Review of Complaints for the Issuance of Civil Penalty Orders. The Commission shall follow the procedures established by Sections 11310 and 11321 through 11334 and Sections 11361 through 11370 of these regulations when it considers recommended enforcement decisions from either the staff or the enforcement committee or a hearing officer relative to the possible administrative imposition of civil penalties. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.6 and 66641.9, Government Code. s 11383. Contents of a Commission Civil Penalty Order. (a) A Commission civil penalty order shall be signed by the Executive Director and shall contain the following: (1) the name(s) of the person(s) required to pay the civil penalty; (2) the amount of the civil penalty; (3) the date by which the civil penalty must be paid; (4) written findings that (1) explain the decision to issue the civil penalty order and (2) provide the factual and legal basis for the issuance of the order, and (5) notice that a person to whom the Commission issues a civil penalty order may file with the superior court a petition for writ of mandate for review of the order pursuant to Section 1094.5 of the Code of Civil Procedure within thirty (30) days after service of a copy of the order. (b) A civil penalty order can be combined with a cease and desist order or a permit revocation order so long as the information required under these regulations for both is contained in the combined order. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.6 and 66641.9, Government Code. s 11384. Modification of a Commission Civil Penalty Order. The Executive Director may modify a civil penalty order if the modification would not alter the amount of the penalty or otherwise materially change the order. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.5, 66641.6 and 66641.9, Government Code. s 11385. Appeal from Modification of a Permit Revocation Order. (a) A person to whom the Commission has issued a civil penalty order may appeal to the Commission any modification of the order by the Executive Director by filing within ten (10) days of the date of personal service or mailing by registered mail of the modification a written statement that the party is appealing the modification and the reasons for the appeal. (b) If the appeal is complete and filed within ten days of the personal service or mailing by registered mail of the modification to the order, the appeal shall stay the effect of the modification, but the previously effective order shall remain in effect. (c) Appeals to modifications of a civil penalty order by the Executive Director cannot be filed more than ten days after the personal service or mailing by registered mail of the modification. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66641.5, 66641.6 and 66641.9, Government Code. s 11386. Standardized Fines. (a) This Section shall apply to an enforcement action if the Executive Director determines: (1) that an alleged violation is one of the types identified in subsection 11386(e); (2) that the alleged violation has not resulted in significant harm to the Bay's resources or to existing or future public access; and (3) that the alleged violation can be corrected in a manner consistent with the Commission's laws and policies. (b) Except as provided in subsection (g), if this Section applies to an enforcement action, the Executive Director shall mail a written notice to the person(s) believed to be responsible for the alleged violation that contains all of the following information: (1) the nature of the alleged violation and each and every action that must be taken to correct the alleged violation; (2) the fact that if the alleged violation is fully corrected within 35 days of the mailing of the notice, the Commission shall not impose any civil penalty; and (3) the fact that if the alleged violation is not fully corrected within 35 days of mailing of the notice, the person believed to be responsible for the alleged violation may be subject to the payment of a civil penalty and may resolve the penalty portion of the alleged violation by paying the standardized fine specified in subsections (e), and (f) without having to go through a formal enforcement proceeding pursuant to Sections 11300 through 11385 except as provided in subsection (h). (c) Except as provided in subsection (g), if the person believed to be responsible for the alleged violation completes each and every corrective action specified in the notice pursuant to subsection (b) within thirty-five (35) days after the mailing of the notice, the Commission shall not impose any standardized or other fine. (d) Except as provided in subsections (g) and (h), if the person believed to be responsible for the alleged violation fails to complete one or more of the corrective actions required by the notice pursuant to subsection (b) within thirty-five (35) days after the date of the mailing of the notice, the responsible person may resolve the penalty portion of the alleged violation by completing each and every action required by the notice sent pursuant to subsection (b) and by paying a fine in the amount provided in subsections (e) and (f). (e) The following standardized civil penalties shall apply to the following types of alleged violations: (1) for the failure to return an executed Commission permit before commencing the work authorized by the permit: (A) if the fully executed permit is returned between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00); or (B) if the fully executed permit is returned more than sixty-five (65) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the sixty-fifth (65) day to the date the fully executed permit is received by the staff. (2) for the failure to submit any document other than an executed Commission permit in the form, manner or time required by a Commission permit: (A) if a required document is submitted between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00) per document; (B) if a required document is submitted between sixty-six (66) and ninety five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) per document; or (C) if a required document is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each document plus ONE HUNDRED DOLLARS ($100.00) per day for each document, from the ninety-sixth (96th) day to the date the document is received by the staff. (3) for the failure to comply with any condition required by a Commission permit not covered by subsections (e)(1) and (e)(2): (A) if corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00) for each violation of each separate permit requirement; or (B) if corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each violation of each separate permit requirement; or (C) if corrected more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00) for each violation of each separate permit requirement, plus ONE HUNDRED DOLLARS ($100.00) per day for each violation, from the ninety-sixth (96th) day to the date the required improvements are provided. (4) for the failure to obtain a Commission permit prior to undertaking any activity that can be authorized by an administrative permit: (A) if either a filable application is submitted between thirty-six (36) and sixty-five (65) days and a permit is obtained within one hundred and fifty-five (155) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): TWO THOUSAND DOLLARS ($2,000.00); (B) if either a filable application is submitted between sixty-six (66) and ninety-five (95) days and a permit is obtained within one hundred and eighty-five (185) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): FIVE THOUSAND DOLLARS ($5,000.00); (C) if a filable application is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected within the same time limits: FIVE THOUSAND DOLLARS ($5,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th) day to the date a permit is obtained or the activity is completely corrected. (5) for the failure to obtain a Commission permit prior to undertaking any activity that can be authorized by a regionwide permit: (A) if either a filable application is submitted between thirty-six (36) and sixty-five (65) days and a permit is obtained within one hundred and fifty-five (155) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between thirty-six (36) and sixty-five (65) days after the date of the mailing of the notice required by subsection (b): ONE THOUSAND DOLLARS ($1,000.00); (B) if either a filable application is submitted between sixty-six (66) and ninety-five (95) days and a permit is obtained within one hundred and eighty-five (185) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected between sixty-six (66) and ninety-five (95) days after the date of the mailing of the notice required by subsection (b): TWO THOUSAND DOLLARS ($2,000.00); (C) if a filable application is submitted more than ninety-five (95) days after the date of the mailing of the notice required by subsection (b) or the unauthorized activity is completely corrected within the same time limits: TWO THOUSAND DOLLARS ($2,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day from the ninety-sixth (96th) day to the date a permit is obtained, or the unauthorized activity is completely corrected. (6) for the placement of fill, the extraction of materials or a change in use that could not be authorized under the Commission's laws and policies but is an activity similar in size and scope to the activities listed in Sections 10601(a) through 10601(e): (A) if the violation is corrected and the area restored to its prior status between thirty-six (36) and sixty-five (65) days after the mailing of the notice required by subsection (b): THREE THOUSAND DOLLARS ($3,000.00); (B) if the violation is corrected and the area restored to its prior status between sixty-six (66) and ninety-five (95) days after the mailing of the notice required by subsection (b): EIGHT THOUSAND DOLLARS ($8,000.00); (C) if the violation is corrected and the area returned to its prior status more than 95 days after the mailing of the notice required by subsection (b): EIGHT THOUSAND DOLLARS ($8,000.00) plus ONE HUNDRED DOLLARS ($100.00) per day to the date the violation is completely corrected. (f) A person believed to be responsible for any alleged violation must pay double the amount listed in subsection (e) to resolve the civil penalty portion of the alleged violation if that person has previously paid any standardized fine pursuant to section 11386 within the five years prior to resolution of the alleged violation. (g) If a violation resolved pursuant to subsection (c) is repeated by the same person within five years of the resolution of the prior violation, subsections (c), (e), and (f) shall not apply. Instead, the person believed to be responsible for the subsequent alleged violation may resolve the civil penalty portion of the subsequent alleged violation by paying ONE HUNDRED DOLLARS ($100.00) per day for each day the subsequent alleged violation occurs or persists. (h) If the person responsible for the alleged violation does not complete all the required corrective actions and pay the appropriate standardized civil penalties within the time limits specified by the Executive Director or, if no time limit is specified, within 125 days of the notice mailed pursuant to subsection (b), the Executive Director may commence enforcement proceedings in accordance with Sections 11300 through 11385. If the Executive Director determines that an alleged violator has not made a good-faith effort to correct an alleged violation, the Executive Director may terminate the opportunity for settlement using the standardized fine process thirty-five (35) days after mailing a notice stating that the process will no longer be available. (i) After the violation has been completely resolved, if any person subject to the standardized civil penalties listed in subsections (e), (f), and (g) believes that the amount is inappropriate, that person can appeal the proposed amount of the penalty to the Executive Director and the Chair, who can reduce the amount of the standardized civil penalty to an amount that they believe is appropriate. (j) If any person subject to the standardized civil penalties listed in subsections (e), (f), and (g) believes that the time limit established pursuant to subsection (h) is inappropriate, that person may appeal the time limit to the Executive Director and the Chair, who can modify the time limit as they believe appropriate. (k) Any person believed to be responsible for an alleged violation is entitled to a formal enforcement hearing according to sections 11300 through 11385 if that person believes it is necessary to fairly determine the appropriate remedy or civil penalty amount. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66641.5, Government Code; and Sections 29201(e) and 29610, Public Resources Code. s 11400. Application of Chapter. This Chapter shall govern the issuance of a marsh development permit or any other local permit that incorporates the provisions of a marsh development permit, hereinafter referred to as "a marsh development authorization," by local governments pursuant to California Public Resources Code Section 29502(a) and appeals from marsh development authorizations issued by local governments. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29502, Public Resources Code. s 11410. Order of Permits. If a Suisun Marsh development requires both a marsh development permit from the Commission and a marsh development authorization from a local government because part of the development site is located within either the primary management area of the Suisun Marsh or within tidelands, submerged lands, or other public trust lands within the secondary management area and if another part of the development site is located within the secondary management area of the Suisun Marsh, the person or entity who proposes the development shall first obtain the marsh development authorization from the appropriate local government for that part of the site or development that is within the secondary management area and shall also first obtain a local report that complies with the requirements of Appendix G, No. 29 from the appropriate local government(s) for that portion of the development site that is within the primary management area before requesting a marsh development permit from the Commission for that part of the site or development that is within the primary management area. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29300 and 29502, Public Resources Code. s 11411. Application. (a) The person or entity applying for a marsh development authorization from local government for a development within the secondary management area shall submit to the local government and the local government shall require the person or entity to provide the following: (1) an application that provides detailed information about the development and that includes a site plan that shows the property lines of the site and the location and extent of existing and proposed work and uses information that clearly distinguishes existing improvements from proposed improvements, and existing shoreline public access areas from proposed shoreline public access areas, the location of any existing levees and water transporting and water control structures, and information that identifies all building elevations, the approximate distance from the development to the nearest marsh, the location of any managed wetland and any tidal area in the vicinity, and the name and location of the nearest public road; (2) a statement that describes all environmental impacts that may arise from the proposed development with supporting facts and information; (3) a statement that the person signing the application is either the applicant or has the authority to bind legally the applicant; (4) sufficient evidence that shows the applicant either owns the land, has a lease of sufficient duration to allow a reasonable return on any investment, or has an enforceable option on the land on which the development will occur or other similar authority to use the property; and (5) a statement under penalty of perjury by the person signing the application that all the information submitted is complete and accurate. (b) The local government may either incorporate the request for this information into its existing applications forms or may request this information separately. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29502, Public Resources Code. s 11412. Notice to the Commission of Pending Applications. (a) Within five (5) working days of the filing of an application with the local government for a marsh development authorization, the local government shall provide in writing to the Commission the following information: (1) the fact of the application; (2) the nature of the project; (3) the date the local government filed the application; (4) the date of any public hearing(s) that will be held; and (5) an estimated date when the local government will take final action. (b) The local government shall also promptly notify the Commission within five (5) working days of any changes to the application. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29511, Public Resources Code. s 11413. Local Government Notice to Other Persons of Pending Applications. (a) The local government shall notify in writing the following entities of a pending application for a marsh development authorization: (1) the California Department of Fish and Game, Region III; (2) the State Lands Commission; (3) the Solano County Mosquito Abatement District; (4) the Suisun Resource Conservation District; (5) the San Francisco Bay Regional Water Quality Control Board; (6) all owners of adjacent property; and (7) all persons and organizations who have requested such notice in writing. (b) The local government shall mail such notice at least ten (10) days prior to the date of any public hearing. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521-29524, Public Resources Code. s 11414. Contents of Local Government Notice. The notice required by Section 11413 shall contain the following: (a) The name, address, and telephone number of the local government staff person assigned to the project; (b) sufficient information about the proposed project and the site to allow the recipient to identify the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission has not certified a local protection program or of the certified local protection program if the Commission has certified one; (c) a request for comments on the application and the date by which the local government must receive comments; (d) a statement of when and where any public hearing(s) will be held; and (e) a brief description of the procedures for appealing a local governmental decision to other local governmental bodies and to the Commission, including the fact that a local government marsh development permit shall become final and unappealable unless either an aggrieved party or two (2) or more Commissioners appeal the issuance of the permit within twenty (20) working days of the receipt of the notice of the final action. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521-29524, Public Resources Code. s 11420. Contents of Local Marsh Development Authorization. Any marsh development authorization issued by a local government shall be in writing and shall include the following: (a) a notice to the permittee that the authorization shall not become final until all of the following time periods have passed: (1) the time period for appealing the action to a higher body within the local government as provided for in the local procedures, and (2) the twenty (20) working day period after the Commission has received notice of the local government's final action; (b) a statement that specifically indicates that the local government issued the authorization wholly or partly as a permit required by the Suisun Marsh Preservation Act; and (c) specific findings that support the issuance of the authorization by relating the facts of the project to the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission as not yet certified the local protection program or, after the Commission has certified the local protection program, to the policies of the local protection program. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29503, 29521 and 29522, Public Resources Code. s 11421. Finality of Local Marsh Development Authorization. (a) No local marsh development authorization shall become effective until all time periods for appealing the action within the local government and to the Commission have expired without the filing by the Commission of an appeal or until the Commission determines that an appeal raises no substantial issue of compliance with either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan if no certified Suisun Marsh Local Protection Program exists or with the certified Suisun Marsh Local Protection Program if one does exist. (b) The twenty (20) working day time period for appealing to the Commission shall not commence until the receipt of the notice of final local action as required by Section 11430. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code. s 11430. Notice of Final Local Action. The local government shall notify the Commission, Attention: Executive Director, in writing of its final action taken on an application for a marsh development authorization for a development within the secondary management area. The notice shall be dated, shall be delivered by mail or hand delivered, and shall indicate whether the local government issued or denied the authorization, the date on which it acted, and whether its action may be appealed to a higher local body. If the local government granted an authorization, it shall attach a copy of the authorization and all conditions and copy of any local government staff report to the notice. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code. s 11431. Filing of Notice. (a) If the notice of final action complies with the provisions of Section 11430, the Executive Director shall file the notice and date stamp it. (b) If the Executive Director determines that he or she cannot file the notice because it does not comply with Section 11430, the Executive Director shall return the notice to the local government within five (5) working days of its receipt with a letter that indicates the defects that prevent the notice from being filed. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 2952 and 29521, Public Resources Code. s 11432. Notice to Public by Executive Director. The Executive Director shall notify the Commission and all interested persons who have requested such notification in writing the issuance of local marsh development authorizations in a manner reasonably calculated to allow time for review of the authorization and the filing of an appeal. Commission notification shall ordinarily consist of adding information about the issuance of a local marsh development authorization to the administrative listing prepared pursuant to Section 10620. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code. s 11440. Appealing the Issuance of a Local Government Marsh Development Authorization. (a) The appeal shall be submitted on a form approved by the Commission as Appendix L to these regulations or by letter containing substantially the same information that the form requires. (b) The Executive Director shall file an appeal only if: (1) the completed form(s) or letter(s) contain all the information required on the Commission-approved form, and (2) the Commission has received the letter or form or, in the case of two letters or forms, the last letter or form on or before the twentieth (20th) working day after receipt of the notice of final local action. (c) "Filing" is complete when the original letter(s) or form(s) are stamped "Filed BCDC" with the date of filing. (d) If the Executive Director determines that an appeal does not meet the requirements for filing or involves only a non-appealable matter, he or she shall within (30) days of receiving the appeal notify the party or parties who submitted the appeal of the reasons why he or she cannot file the appeal. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29521 and 29522, Public Resources Code. s 11441. Effect of Appeal to the Commission. Upon filing an appeal, the Executive Director shall notify the recipient of the authorization and the affected local government that the appeal has stayed the operation and effect of the marsh development authorization pending final action on the appeal by the Commission. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code. s 11442. Duties of Affected Local Government on Appeal. Within five (5) working days of receipt of a notice of appeal from the Commission, the affected local government shall deliver to the Executive Director all documents and materials relating to the development and the local government action on the authorization application. Such materials shall include, but are not limited to, the application for the authorization, all environmental documents, staff reports, resolutions of approval, conditions attached to the approval, and, if available, the minutes of the meeting(s) at which the matter was considered. The local government may, at its discretion, provide authenticated copies in lieu of the original file materials. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code. s 11450. Determination to Consider Appeal. (a) Prior to hearing an appeal, the Commission shall determine whether the appeal does not raise any substantial issue regarding the development's conformity with the provisions of California Public Resources Code Sections 29000 through 29612 and the policies of the Suisun Marsh Protection Plan and the Bay Plan if no certified local protection program exists or, if a certified local protection program exists, with the provisions of the certified local protection program. (b) The Commission shall determine whether the appeal does not raise any substantial issue only after the staff has presented a recommendation on the substantial issue question. Such recommendation shall ordinarily be made by oral report. (c) Unless the Commission determines by a majority vote of those present and voting that the appeal does not raise any substantial issue, the Commission shall proceed to hear the appeal. If the Commission determines that the appeal does not raise any substantial issue, it shall dismiss the appeal. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29522 and 29523, Public Resources Code. s 11451. Public Hearing Procedures. The Commission shall determine the appeal by conducting a de novo consideration of the application in accordance with the procedures set forth in Sections 10380 through 10540. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29524, Public Resources Code. s 11452. Notification of Commission Action to Local Government. The Commission shall notify the local government, the applicant, and the appealing party(ies) in writing of the action taken by the Commission. The notification should be transmitted within ten (10) working days of the final action. Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29524, Public Resources Code. s 11500. Statutory Exemptions. If the Commission is acting as the lead agency: (a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is statutorily exempt under California Public Resources Code Section 21080(b) from the necessity of preparing any environmental documentation. (b) If the Executive Director determines that the proposed activity is statutorily exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report, or in the notice of hearing on the planning study if one is scheduled. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080(b), 21080.5 and 21166, Public Resources Code. s 11501. Categorical Exemptions. When the Commission is the lead agency and the Executive Director has determined that the proposed activity is not statutorily exempt under California Public Resources Code Section 21080(b): (a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is categorically exempt under California Public Resources Code Section 21084 and 14 California Code of Regulations Sections 15300 through 15329 from the necessity of preparing any environmental documentation. (b) Projects for which the Commission issues administrative permits pursuant to Section 10601(a)(1), (3, (4), (5), (6), (7) or (8), or Sections 10601(b), (c), (d)(1), (d)(2) or (f) are usually categorically exempt under subdivision (a) of this section, provided that such projects will not be considered categorically exempt when they either (1) may have an adverse impact on an environmental resource or involve a hazard of critical concern or (2) may have a cumulatively adverse impact when considered with successively similar projects. (c) If the Executive Director determines that the proposed activity is categorically exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21000, 21080.5, 2084 and 21166, Public Resources Code. s 11510. Executive Director to Prepare Initial Environmental Assessment Information. (a) When the Commission is the lead agency and the Executive Director determines that proposed activity is neither statutorily exempt nor categorically exempt, the Executive Director shall decide what information will be necessary to evaluate the possible environmental impacts of the proposed activity and to prepare an environmental assessment if necessary, the level of expertise required to prepare the assessment and to what extent the staff may need the assistance of a consultant either to prepare the entire assessment or to provide specific or technical reports to prepare or to help prepare part of the assessment. (b) The proponent shall provide such information in time to allow the Commission staff to determine if the proposed activity may have a significant adverse environmental impact and, if the staff so decides, to prepare an environmental assessment before the Commission staff files the permit application, publishes the staff planning report for the plan amendment, or publishes a notice for the other planning activity. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11511. Determination of Significant Adverse Environmental Impacts and Preparation of an Environmental Assessment. (a) When the Commission is lead agency and the Executive Director has determined that a proposed activity is not statutorily exempt and is not categorically exempt, he or she shall next determine if the proposed activity may have any individually or cumulatively substantial adverse impact on the physical environment. (b) If the Commission is the lead agency and the Executive Director determines that a proposed activity is not statutorily exempt, is not categorically exempt, and will not have any significant adverse impact on the physical environment either individually or cumulatively, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled. (c) If the Commission is the lead agency and the Executive Director determines that the proposed activity is not statutorily exempt, is not categorically exempt, and may have a significant adverse impact on the physical environment either individually or cumulatively, the Commission shall prepare an environmental assessment that complies with Section 11521 and shall include the assessment in the application summary, the staff planning report, or combined staff planning report and recommendation. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11512. Notification of Applicant or Proponent. The Executive Director shall promptly notify the applicant for a Commission permit and the proponent of any planning study or plan amendment if the Executive Director determines that an environmental assessment must be prepared. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11520. Use of a Federal Environmental Impact Statement as an Environmental Assessment. (a) When a federal environmental impact statement or its equivalent has been or will be prepared in time for the Commission to use it as an environmental assessment, the Commission may use it as an environmental assessment if it contains all the information needed in an assessment or if the Commission can supplement it so it will contain all the information needed in an assessment. (b) If the Commission uses a federal environmental impact statement or its equivalent as its environmental assessment, it should add or supplement a discussion of mitigation, growth-inducing impact, and energy conservation if the environmental impact statement does not include an adequate discussion of these elements. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080.5 and 21080.7, Public Resources Code. s 11521. Contents of an Environmental Assessment. An assessment of the substantial adverse impacts of a proposed activity shall contain a summary of the following: (a) A brief description of the proposed activity; (b) all substantial, adverse environmental impacts that the proposed activity may cause; (c) all irreversible environmental impacts that the proposed activity may cause; (d) any feasible mitigation measures that would reduce such substantial adverse environmental impacts; (e) any feasible alternatives, including design alternatives, to the proposed project that would reduce such substantial adverse environmental impacts; and (f) such other information that the Executive Director believes appropriate. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11530. Notification of Applicant. Whenever the Executive Director determines that a consultant will be needed to prepare an environmental assessment or to provide information to be used in an assessment, the Executive Director shall promptly notify the potential applicant for a permit that a consultant will be needed and that the applicant must bear the cost of the consultant. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code. s 11531. Selection of a Consultant. In order to select a consultant to prepare or to help prepare an environmental assessment, the Executive Director shall: (a) select three (3) consultants known to have the necessary expertise and obtain from each consultant an estimate of the maximum fees that would be charged for the preparation of the assessment; (b) after consulting with the applicant, and based on the estimates and previously submitted information about the consultant, choose a consultant who will establish a fixed cost to be incurred in the preparation of the assessment; (c) notify the applicant of the consultant selected and the amount of the cost; (d) deposit the environmental assessment fees submitted by the applicant in an account that the Commission maintains for such purposes; (e) enter into an agreement for the preparation of the assessment or part of the assessment; and (f) pay the consultant according to a mutually agreed on schedule of payments, usually in installments of twenty-five percent (25%) of the total fee, with twenty-five percent (25%) withheld until the Commission has taken final action on the assessment. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code. s 11532. Fees in Excess of Estimates. The Commission will not be responsible under any circumstances for fees that exceed the previously-determined ceiling. The consultant should consider this fact when he or she estimates the fees and costs involved, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code; and Section 66632(a), Government Code. s 11533. Relationship of Commission and Consultant. The Commission through the Executive Director shall have final responsibility for the contents of any environmental assessment that is prepared with the assistance of a consultant. The Executive Director may modify, delete, or change any portion of any material prepared by a consultant, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11534. Use and Ownership of Consultant-Prepared Material. All studies, data, reports, and other material developed by a consultant shall be made available to the Commission for inspection, review, and copying for any purpose if the Executive Director so requests, and all such studies, data, reports, and other material shall be turned over to the Commission and become the property of the State of California when the consultant fulfills his or her responsibilities and the Commission makes final payment. The Commission shall have the right to publish, use, or change the material. Every contract for consultant assistance into which the Commission enters shall include as provision to this effect. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11540. Basic Fee. In addition to any other fees, an applicant for a permit shall pay a basic fee of three hundred dollars ($300.00) when the Commission prepares an environmental assessment to cover the costs of analyzing, processing, and mailing the assessment for a permit application. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code. s 11541. Preparation Fee. In addition to any other applicable fees, an applicant for a permit shall pay a fee of five hundred dollars ($500.00) to cover the costs to the Commission of preparing any environmental assessment for which the Commission needs no consultant assistance. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code. s 11542. Consultant Fees. In addition to all other applicable fees, the Commission shall charge to the applicant a fee equal to the ceiling fee for the consultant that the Executive Director determined after consultation with the applicant based on the consultant's estimate provided, however, that the Executive Director shall refund to the applicant after completion of the preparation of the assessment any part of the consultant fee not actually charged by the consultant. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code. s 11543. Exception. Whenever the Executive Director believes that the basic fee or the preparation fee does not reflect the actual cost to the Commission of analyzing or preparing required environmental documents, the Executive Director may reduce or increase the basic fee or the preparation fee by an amount not exceeding fifty percent (50%) of the normally-required amount. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code. s 11544. When Environmental Fees Must Be Paid. All applicable environmental fees must be paid by the applicant prior to the commencement of work on an environmental assessment by the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520, Public Resources Code. s 11550. Grounds for Appeal. (a) Any applicant who believes that the Executive Director has improperly determined that an environmental assessment is needed for a project or that the Commission needs the use of a consultant to help prepare an environmental assessment may appeal that determination to the Commission. (b) Any applicant who believes that the Executive Director has improperly determined the amount of an environmental fee or that the environmental fees are unreasonable may appeal that determination to the Commission. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code. s 11551. Time Limits for Appeal and Consultation. (a) Any applicant who wishes to appeal pursuant to Section 11550 shall inform the Executive Director in writing of that fact and the reasons therefore and provide all supporting documents within five (5) days of receiving written notice of the determination being appealed. (b) Prior to placing the appeal on the Commission's agenda, the Executive Director, the Chair, and the applicant shall attempt to resolve the disagreement. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code. s 11552. Hearing an Appeal. The Executive Director shall schedule an appeal under Section 11550 that the Chair, Executive Director, and applicant cannot resolve at the soonest regularly-scheduled Commission meeting after the Chair, the Executive Director, and the applicant fail to resolve the dispute. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code. s 11553. Commission Determination. If the Commission finds that the Executive Director acted improperly or unreasonably in making the determination being appealed, it shall order the Executive Director to do what it believes is proper or reasonable. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code. s 11560. Review and Comment on Environmental Documents. (a) When the Commission is not the lead agency on any activity, the Executive Director shall: (1) review any environmental working papers or IES, environmental impact report, or environmental impact statement sent to him for consultation from the lead agency or the State Clearinghouse, determine what comments should be made on behalf of the Commission, and forward such comments to the lead agency and to the appropriate state agency for coordinating state comments; (2) require an applicant to file prior to filing the BCDC application a single-spaced, typewritten summary of any environmental documentation already prepared by the lead agency on paper 8 1/2 x 11 inches pages in size. The summary shall indicate significant environmental issues raised during the review period or at the public hearing and the disposition of such issues, including any revision to the proposed project to mitigate its impacts or any objections, and a detailed explanation of why the applicant believes the Commission should approve the project when any objection remains unresolved or any recommendation has not been adopted. The summary shall also include the name, address, and telephone number of the governmental agency preparing or certifying the document, the date of certification, and the name, address, and telephone number of all persons who reviewed the document, and any criticism and any recommended changes they made; and (3) include any certified environmental impact report, environmental impact statement, or certified negative declaration that is less than ten (10) pages in length, or summary thereof if the EIR, EIS, or negative declaration is longer than ten (10) pages in length, with the staff summary of the permit application. (b) The Commission may in its discretion hold a public hearing on any environmental document submitted to it and may direct the staff to make whatever comments or to obtain whatever additional information the Commission deems appropriate. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. s 11561. Effect of Comments. Comments by or on behalf of the Commission concerning environmental documents are intended to help the lead agency prepare adequate environmental documents. They do not indicate what action the Commission may take when the project comes before the Commission for a permit, nor do they preclude the Commission from requiring additional environmental information regarding environmental impacts of those activities that the Commission is required by law to review. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code. Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code. s 11700. Regionwide Permit. The San Francisco Bay Conservation and Development Commission may issue, by resolution, one or more regionwide permits and abbreviated regionwide permits to authorize throughout its McAteer-Petris Act jurisdiction a specific category or categories of activities hat the Commission determines will have no substantial impact on areas within the Commission's McAteer-Petris Act jurisdiction, including but not limited to routine repair and maintenance of existing structures located within San Francisco Bay, a managed wetland, or a certain waterway and routine repair, maintenance, and improvements to structures located within the shoreline band. Regionwide permits and abbreviated regionwide permits have the same force and effect as other permits that the Commission issues, and the Commission may enforce the terms and conditions of regionwide and abbreviated regionwide permit in the same manner as the Commission enforces the terms and conditions of other Commission permits. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11700.1. Abbreviations. When used in this Chapter, "Notice of Intent to Proceed" may be abbreviated as "NOI." Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11710. Need to File Notice of Intent to Proceed. Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission regionwide permit, the project sponsor shall submit to the Executive Director a written notice of intent to proceed that complies with Section 11711, shall receive approval of the notice of intent to proceed pursuant to Section 11713, and shall acknowledge the terms and conditions of the regionwide permit pursuant to Section 11715. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11711. Contents of Notice of Intent to Proceed. The written notice of intent to proceed that Section 11710 requires shall contain the following: (a) a detailed description of the proposed project, which may consist of either; (1) a fully completed application form, Part I only, as set out in Appendix D to these regulations, or (2) a letter that provides the same information as a fully completed form; (b) proof of legal interest, and one copy each of a large scale site plan, an 8 1/2' x 11' copy of the site plan, and vicinity map, all as described in Appendix F; (c) a check or money order in the amount specified in Appendix M to these regulations; and (d) an executed Certificate of Posting of "Notice of Pending BCDC Application," as specified in Appendix E. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11712. Executive Director's Determination Whether a Notice of Intent to Proceed Is Complete. (a) The Executive Director shall determine within 30 days of receipt of a Notice of Intent to Proceed whether the notice complies fully with Section 11711. (b) If the Executive Director determines that a Notice of Intent to Proceed complies fully with Section 11711, the Executive Director shall proceed according to Sections 11713 and 11714 to determine whether the activity is authorized by the regionwide permit. (c) If the Executive Director determines that a Notice of Intent to Proceed does not fully comply with Section 11711, the Executive Director shall within 30 days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the Notice of Intent to Proceed. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11713. Approval of a Notice of Intent to Proceed. (a) If the Executive Director has determined that a Notice of Intent to Proceed complies fully with Section 11711, he or she shall approve or disapprove the notice within 14 days of the determination of completeness. (b) The Executive Director shall base his or her determination on whether to approve or disapprove the Notice of Intent to Proceed only on the proposed project's consistency with any one or more Commission regionwide permit. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11714. Notification of Executive Director's Decision. (a) If the Executive Director approves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the approval and shall include a copy of the applicable regionwide permit with the written approval. (b) If the Executive Director disapproves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the disapproval and the reasons for the disapproval. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11715. Project Sponsor Acknowledgment and Execution of Regionwide Permit. The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the regionwide permit by signing and dating a copy of the regionwide permit and returning the executed copy of the regionwide permit to the Executive Director within 14 days of receipt of the written approval of the notice and of the copy of the applicable regionwide permit. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11716. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed. If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting 90 days. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11717. Need to File Notice of Intent to Proceed. Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission abbreviated regionwide permit, the project sponsor shall complete, sign and submit to the Executive Director a Notice of Intent to Proceed under an Abbreviated Regionwide Permit (which these regulations contain as Appendix N); shall receive approval of the NOI pursuant to Section 11719; and shall acknowledge the terms and conditions of the abbreviated regionwide permit pursuant to Section 11720. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11718. Executive Director's Determination Whether a Notice of Intent to Proceed Under an Abbreviated Permit is Complete. (a) The Executive Director shall determine within thirty (30) days of receipt of a completed NOI for an Abbreviated Regionwide Permit whether the information provided in the notice is complete. (b) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is complete, the Executive Director shall proceed according to Section 11720 to determine whether the activity is authorized by the abbreviated regionwide permit. (c) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is incomplete, the Executive Director shall within thirty (30) days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the NOI. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11719. Approval or Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit; Notification of Determination. (a) If the Executive Director has found that an NOI for an Abbreviated Regionwide Permit is complete, he or she shall determine whether the NOI is approved or disapproved and, within seven (7) working days of the determination of completeness, notify the project sponsor in writing of the determination of approval or disapproval, as follows: (1) If the NOI is approved, the Executive Director shall enclose a copy of the applicable abbreviated regionwide permit with the written approval; or (2) If the NOI is disapproved, the Executive Director shall notify the project sponsor of the reasons for the disapproval. (b) The Executive Director shall base a determination on whether to approve or disapprove the NOI only on the proposed project's consistency with any one or more Commission abbreviated regionwide permits. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11720. Project Sponsor Acknowledgement and Execution of Abbreviated Regionwide Permit. The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the abbreviated regionwide permit as follows: (a) the project sponsor shall sign and date a copy of the abbreviated regionwide permit; (b) the project sponsor shall return the executed copy to the Executive Director within fourteen (14) days of receipt of the written approval of the NOI and of a copy of the abbreviated regionwide permit. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. s 11721. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit. If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting ninety (90) days. Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code. Appendix A Declaration to be filed and recorded as Notice and in Marin County Clerk's file: NOTICE OF NON-JURIDICATION OF THE BCDC--LARKSOUR BOARDWALK WHEREAS, Government Code Section 66610 has been amended to state that "The jurisdiction of the Commission under this section shall not extend to the areas commonly known as the Larkspur Boardwalk in the County of Marin, such areas to be defined by Commission Regulation." the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission. AREA OF LARKSPUR BOARDWALK NO. 1 TO BE EXCLUDED FROM BCDC JURISDICTION PORTIONS OF REAL PROPERTY situated in the City of Larkspur, County of Marin, State of California, known as "Larkspur Boardwalk No. 1," consisting of 38 parcels of land accessible from Corte Madera Creek and/or its tributaries are to be excluded from Bay Conservation and Development Commission jurisdiction in the manner and in the following described proportions; the following described parcel and excepted areas from exclusion have been superimposed upon an enlarged aerial photograph which shall be on file in the Office of the Marin County Surveyor in County Surveyor's file; said parcel to be excluded and exceptions thereto being described as follows: REAL PROPERTY in the City of Larkspur, County of Marin, State of California, described as follow: BEGINNING at a point on the Westerly boundary line of Rancho Corte Madera Del Presidio described in the deed recorded in Volume 66 of Deeds, at page 13/ Marin County Records, distant thereon North 19<>o 45' West 210.45 feet from a concrete monument situated on said Westerly line designated "PQ 96." said point of beginning being also the Southwestern corner of Parcel 1 as said parcel of land is described in the deed to Richard W. Roth dated and recordedSeptember 7, 1967, in Book 2156 of Offical Records of Main County, at page 10; running thence along the Southeastern line of said Richard W. Roth parcel North 46<>o 36' 30' East 159.69 feet to Southeastern corner of said parcel; thence along the Northeastern line of the last said parcel and along the center line of that certain utility easement 20.00 feet wide, measured at right angles, described in the deed to Robert Evers, et ux., recorded July 26, 1950, in Book 658 of Offical Records of Marin County, at page 88, the following six courses: North 20<>o 07' 30' West 416.04 feet; North 2<>o 58' 30' East 260.44 feet; North 47<>o 13' 00' East 243.10 feet; North 56<>o 46' 30' East 619.40 feet; North 40<>o 00' 30' East 642.00 feet; and North 55<>o 45' 00' East 20.14 feet; to the Northern line of the parcel of land described in the deed to John B. De Maria, et ux., recorded September 10, 1969, in book 2325 of Offical Records of Marin County, at page 469; thence along the last named line South 85<>o 24' 42' West 107.48 feet; thence Southwesterly along the arc of a tangent curve to the left with a radius of 269.47 feet, through an angle of 38<>o 45' 50', for a distance of 182.31 feet; thence North 51<>o 35' 30' West 11.41 feet; thence South 40<>o 00' 30' West 60.02 feet; thence South 51<>o 35' 30' East 5.58 feet; thence South 47<>o 01' 34' West 68.89 feet; thence South 37<>o 15' 00' West 68.89 feet; thence South 44<>o 05' 00' West 119.69 feet; thence South 46<>o 23' 00' West 78.99 feet; thence South 46<>o 01' 00' West 15.69 feet; thence South 51<>o 51' 30' West 196.32 feet; thence South 56<>o 46' 30' West 60.02 feet; thence South 73<>o 43' 00' West 58.52 feet; thence South 56<>o 46' 30' West 37.00 feet; thence South 51<>o 53' 30' West 28.00 feet; thence South 62<>o 19' 00' West 54.55 feet; thence South 75<>o 45' 00' West 45.54 feet; thence South 77<>o 09' 00' West 42.00 feet; thence South 01<>o 14' 00' West 15.55 feet; thence North 82<>o 26' 00' West 41.58 feet; thence South 76<>o 22' 30' West 14.46 feet; thence South 34<>o 19' 50' West 119.04 feet; thence South 22<>o 14' 00' West 38.75 feet; thence South 47<>o 36' 00' West 97.61 feet; thence South 37<>o 58' 00' West 62.50 feet; thence North 52<>o 02' 00' West 20.00 feet; thence South 21<>o 47' 10' West 87.50 feet; thence South 06<>o 05' 50' East 202.73 feet; thence South 88<>o 31' 30' East 20.00 feet; thence South 02<>o 58' 30' West 50.00 feet; thence North 88<>o 31' 30' West 85.15 feet; to said Westerly boundary line of said Rancho Corte Madera Del Presidio, thence along the last named line south 19<>o 45' 00' East 616.41 feet to the point of beginning; EXCEPTING therefrom the parcel of land hereinabove described, the following seven parcel of land which are to remain within the jurisdiction of Bay Conservation and Development Commission jurisdiction, described as follows: Parcel 1: BEGINNING at a point atht course hereinabove described as "North 20<>o 07' 30' West 416.04 feet" distant thereon South 20<>o 07' 20' East 91.47 feet from the most Northwesterly terminus thereof; running thence South 69<>o 52' 30' West 39.54 feet; thence North 68<>o 45' 00' West 53.53 feet; thence South 54<>o 15' 00' West 20.00 feet; thence South 19<>o 45' 00' East 80.00 feet; thence South 09<>o 22' 26' East 61.07 feet; thence North 69<>o 52' 30' West 12.00 feet; thence South 19<>o 45' 00' East 257.82 feet; thence South 46<>o 36' 30' West 50.21 feet; thence North 19<>o 45' 00' West 616.41 feet; thence South 88<>o 31' 30' East 75.00 feet; thence South 00<>o 04' 01' East 65.39 feet; thence South 06<>o 20' 00' East 60.91 feet; thence South 50<>o 00' 00' East 32.53 feet; thence North 54<>o 15' 00' East 20.00 feet; thence South 68<>o 45' 00' East 24.00 feet; thence South 42<>o 30' 00' East 20.00 feet; thence North 87<>o 00' 00' East 51.06 feet; to said course designated "North 20<>o 07' 30' West 416.04 feet", thence along the last said designated course South 20<>o 07' 30' East 8.34 feet to the point of beginning; Parcel 2: COMMENCING at a point on that course hereinabove described as "North 2<>o 58' 30' East 260.44 feet," distant thereon North 20<> o 58' 30' East 125.14 feet from the most Southwesterly terminus thereof; thence North 88<>o 31' 30' West 100.00 feet to the ACUTAL POINT OF BEGINNING: running thence North 88<>o 31' 30' West 20.00 feet; thence North 06<>o 05' 50' West 202.73 feet; thence North 21<>o 47' 10' East 87.50 feet; thence South 52<>o 02' 00' East 20.00 feet; thence North 37<>o 58' 00' East 62.50 feet; thence North 47<>o 36' 30' East 97.61 feet; thence South 40<>o 33' 14' West 96.33 feet; thence South 37<>o 58' 00' West 93.11 feet; thence South 07<>o 15' 00' West 69.56 feet; thence South 10<>o 10' 00' East 129.00 feet; to a line drawn North 14<>o 35' 00' East from the actual point ofbeginning; thence South 14<>o 35' 00' West 45.00 feet; to the actual point of beginning; Parcel 3: COMMENCING at a point on that course hereinabove described as "North 47<>o 13' East 243.10 feet" distant theron North 47<>o 13' East 229.22 feet from the most Southwesterly terminus thereof; thence North 19<>o 40' 30' West 8.65 feet; thence South 34<>o 19' 50' West 111.04 feet; thence South 59<>o 47' 00' East 7.02 feet; to a line drawn South 34<>o 19' 50' West from actual point of beginning; thence North 34<>o 19' 50' East 105.45 feet; to the actual point of beginning Parcel 4: COMMENCING at a point on that course hereinabove described as "North 56<>o 46' 30' East 619.40 feet" distant thereon South 56<>o 46' 30' West 159.77 feet from the most Northeasterly terminus thereof; thence North 34<>o 03' 30' West 149.98 feet to the ACTUAL POINT OF BEGINNING: running thence North 34<>o 03' 30' West 19.05 feet; thence South 51<>o 51' 30' West 35.94 feet; thence South 31<>o 33' 30' East 19.13 feet; to a line drawn South 51<>o 51' 30' West from the actual point of beginning; thence North 51<>o 51' 30' East 36.78 feet; to the actual point of beginning; Parcel 5: COMMENCING at a point on that course hereinabove designated as "North 56<>o 46' 30' East 619.40 feet" distant thereon south 56<> o 46' 30' West 128.74 feet from the most Northeasterly terminus thereof; thence North 34<>o 03' 30' West 161.67 feet to the ACTUAL POINT OF BEGINNING: thence North 34<>o 03' 30' West 9.02 feet; thence North 51<>o 51' 30' East 129.28 feet; thence North 46<>o 01' 00' East 15.69 feet; thence North 46<>o 18' 17' East 78.99 feet; thence South 35<>o 16' 30' East 9.10 feet; thence South 46<>o 18' 17' West 94.59 feet; to a line drawn North 51<>o 51' 30' East from the actual point of beginning; thence South 51<>o 51' 30' West 129.54 feet; to the actual point of beginning; Parcel 6: COMMENCINGt at a point on that course hereinabove described as "North 40<>o 00' 30' East 642.00 feet" distant thereon North 40<> o 00' 30' East 238.05 feet from the most Southwesterly terminus thereof; thence North 40<>o 41' 00' West 155.00 feet to the ACTUAL POINT OF BEGINNING: thence North 40<>o 41' 00' West 3.00 feet; thence North 37<>o 15' 00' East 68.89 feet; thence North 47<>o 01' 34' East 31.69 feet; thence South 51<>o 35' 30' East 12.42 feet; thence South 38<>o 24' 30' West 34.19 feet; to a line drawn North 49<>o 19' 00' East from the actual point of beginning: thence South 49<>o 19' 00' West 67.82 feet; to the actual point of beginning. Parcel 7: BEGINNING at the most Northesterly terminus of that course hereinabove described as "North 56<>o 46' 30' East 619.40 feet"; running thence along the last said line South 56<>o 46' 30' West 30.00 feet; thence North 33<>o 13' 30' West 12.00 feet; thence South 56<>o 46' 30' West 568.56 feet; thence South 26<>o 46' 30' West 24.00 feet; thence South f47<>o 13' 00' West 194.97 feet; thence North 52<>o 02' 00' West 70.92 feet; thence North 47<>o 13' 00' East 132.34 feet; thence North 55<>o 24' 51' East 137.43 feet; thence North 56<>o 46' 30' East 539.26 feet; thence North 40<>o 00' 30' East 599.29 feet; Northwestern line of said John B DeMaria parcel of land (2325 O.R. 469) mentioned hereinabove; thence along the last named line North 85<>o 24' 42' East 67.87 feet; thence South 40<>o 00' 30' West 621.10 feet; to a line drawn North 4<< super>>o 59' 30' West from the point of beginning; thence South 04<>o 59' 30' East 24.04 feet; to the actual point of beginning. Appendix B Appendix B Declaration to be filed and recorded as Notice and Marin County Clerk's file: NOTICE OF NON-JURISDICTION OF THE BCDS--GREENBRAE BOARDWALK WHEREAS, Government Code Section 66610 has been amended to state that "The jurisdiction of the Commission under this section shall not extend to that areas commonly known as the Greenbrae Boardwalk in the County of Marin, such areas to be defined by Commission Regulation," the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission. AREA OF GREENBRAE BOARDWALK TO BE EXCLUDED FROM BCDC JURISDICTION All the REAL PROPERTY sitiated in the unincorporated territory of the County of Marin, known as "Greenbrae Boardwalk," shown delineated on that certain map entitled "Licensed Survey Map of Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.-Cal.," etc.., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records to be excluded from BCDC jurisdiction are designated by assessor's parcel numbers, shown on the 1974-1975 Marin County Equalized Tax-Assessment Rolls, on file in the Office of the Marin County Surveyor in County Surveyor's file; said real property being also situated within the bounds of the following described parcel of land: REAL PROPERTY partly in the Cith of Corte Madera, County of Marin, State of California, described as follows: BEGINNING at the Northwesten corner of Lot 45 as said lot is shown on the map entitled "Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.- Cal.," etc., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records; running thence along the Western line of saind Lot 45 along the exterior boundary line of said subdivision the following the three courses: South 6<>o 58' 00' East, 203.39 feet, South 70<>o 11' 00' East, 227.00 feet and South 2<>o 41' 40' West,30.07 feet; thence North 89<>o 10' 00' East 28.94 feet; thence South 77<>o 45' 00' East 47.83 feet; thence South 61<>o 18' 00' East 55.34 feet; thence South 74<>o 38' 00' East 81.22 feet; thence South 62<>o 37' 00' East 23.33 feet; thence South 27<>o 00' 00' East 7.69 feet; thence South 12<>o 57' 58' West 52.38 feet; thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187<>o 08' 58', for a distance of 261.31 feet to the direct extension produced southwesterly of the Western line of Lot 83 as said lot is shown on said map; thence along said extension of the last said Western line North 49<>o 00' 00' East 73.39 feet of the Southwestern corner of said Lot 83; thence along the exterior boundary of said lot and subdivision the following eleven (11) courses to the point of beginning: South 74<>o 46' 00' East 86.53 feet; North 04<>o 25' 00' West 119.64 feet; South 85<>o 35' 00' West 397.92 feet; South 85<>o 45' 00' West 499.76 feet; South 80<>o 48' 30' East 146.94 feet; North 05<>o 13' 00' West 176.16 feet; South 85<>o 45' 00' West 639.91 feet; South 85<>o 35' 00' West 259.12 feet; North 71<>o 00' 00' West 357.00 feet; North 56<>o 12' 00' West 301.01 feet; North 51<>o 01' 20' West 303.05 feet; and South 06<>o 58' 00' West 234.00 feet; to the point of beginning; EXCEPTING THEREFROM the following described parcel of land: BEGINNING at the Southwestern corner of Lot 83 as said lot is shown on said map referred to hereinabove; running then along the Westen line of said lot, North 5<>o 49' 00' East; thence North 30<>o 54' 00' East 222.69 feet to the Northern boundary line of said subdivision referred to hereinabove; thence along the last named line North 71<>o 00' 00' West 32.70 feet; thence South 30<>o 54' 00' West 223.07 feet to an angle point in the Eastern line of Lot 57 as said lot is shown on said map referred to hereonabove; thence along the last named line and along the general Southern boundary line of said subdivision the following ten (10) courses: South 05<>o 49' 00' West 72.94 feet; South 12<>o 30' 00' West 90.00 feet; along the arc of a tangent curve to the right with a radius of 38.00 feet, through an angle of 169<>o 11' 30', for a distance of 112.21 feet; North 01<>o 41' 30' East 74.67 feet; North 27<>o 00' 00' West 25.00 feet; North 62<>o 37' 30' West 36.12 feet; North 74<>o 38' 00' West 81.14 feet; North 62<>o 18' 30' West 56.17 feet; South 89<>o 10' 00' West 30.53 feet; to the Southwestern corner of Lot 49 as said is shown on said map referred to hereinabove; South 02<>o 41' 40' West 30.06 feet; North 89<>o 10' 00' East 28.94 feet; South 77<>o 45' 40' East 47.83 feet; South 62<>o 18' 00' East 55.34 feet; South 74<>o 38' 00' East 81.22 feet; South 62<>o 37' 00' East 23.33 feet; South 27<>o 00' 00' East 7.69 feet; South 12<>o 57' 58' West 52.38 feet; thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187<>o 08' 58', for a distance of 261.31 feet to a line drawn South 5<>o 49' 00' West from the point of beginning; thence North 5<>o 49' 00' East 73.39 feet to the point of beginning. Appendix C Appendix C Pursuant to California Public Resources Code Section 29508(d), the following described property is exempt from the nesessity of obtaining a marsh development permit for any marsh developments completely located within the following property: 1. Parcel K as shown on the Record of Survey entitled "Survey of the Lentz-Sweet-Hill-Anderson-Waldlow Properties," filed on October 11, 1967 in the Office of the Recorder of Solano County, California, in Book 10 of Surveys at page 57. Note: Authority and reference cited: Section 29201(e) and 29508(d), Public Resources Code. Reference: Section 29508(d), Public Resources Code. Appendix D BCDC Application Form March 16, 2000 (Box 5, Bay Fill Information, continued) p. PROVIDE THE FOLLOWING INFORMATION TO JUSTIFY THE PROPOSED FILL: 1. The Commission can approve new fill for only five purposes: (1) accommodating a water-oriented use; (2) improving shoreline appearance; (3) providing new public access to the Bay; (4) accommodating a project that is necessary to the health, safety, or welfare of the public in the entire Bay Area; and (5) accommodating a project that is consistent with either: (1) the Suisun Marsh Preservation Act and the Suisun Marsh Protection Plan; or (2) the Suisun Marsh Local Protection Program. Please explain how the project is consistent with one or more of these purposes. 2. Please explain: (a) what possible effects the proposed fill would have on the Bay Area, such as: (1) any impact on the volume of Bay waters, on Bay surface area, or on the circulation of Bay water; (2) any impact on water quality; (3) any impact on the fertility of marshes or fish or wildlife resources; and (4) any impact on other physical conditions that exist within the area which would be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, or objects of historic or aesthetic significance; and (b) how the nature, location, and extent of the proposed fill would minimize any possible harmful conditions or effects. 3. Please explain (a) why the fill proposed is the minimum amount necessary; and (b) why there is no alternative upland location for the project that would avoid the need for Bay fill. 4. If the fill is to be used for improving shoreline appearance or providing new public access to the Bay, please explain why it is physically impossible or economically infeasible to accomplish these goals without filling the Bay. 5. Please explain how the fill will result in a stable and permanent shoreline. 6. Please explain the steps that will be taken to assure that the project will provide reasonable protection to persons and property against hazards of unstable geologic or soil conditions or of flood or storm waters. 7. Please provide the names, addresses, and telephone numbers of any licensed geologists, engineers, or architects involved in the project design who can provide technical information and certify to the safety of the project. 8. Please describe in detail the anticipated impacts of the fill on the tidal environment, describe how these impacts will be addressed or mitigated, and explain how the public benefits of the project would exceed the public detriment from the loss of water area or marshlands. 9. For marina projects, please indicate how many berths, if any, are to be made available for live-aboard boats and explain how these live-aboard boats will contribute to public trust purposes. 10. Please identify any other specific policies of the McAteer-Petris Act (California Government Code Title 7.2, especially Section 66605), the Suisun Marsh Preservation Act (California Public Resources Code Sections 29000-29612), the San Francisco Bay Plan and the Suisun Marsh Preservation Plan, and the Commission's regulations regarding minor fill for improving public access and shoreline appearance, that are relevant to and offer support for the project and explain how the project is consistent with these policies. BCDC Application Form 5 The provisions of this form are self-explanatory and no other instructions are applicable. Note: Authority cited: Sections 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66605, 66632(b) and (f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan. Appendix E N O T I C E DATE POSTED: ______________________ 19 _______ NOTICE IS HEREBY GIVEN THAT ___________________________________ HAS SUBMITTED AN APPLICATION TO THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION REQUESTING A PERMIT TO (brief description of work and uses) _______________________________________________________________ _______________________________________________________________ AT A PROPERTY KNOWN AS (address or other property description) _______________________________________________________________ PERSONS INTERESTED IN THE PROJECT PROPOSED IN THE APPLICATION MAY REQUEST FURTHER INFORMATION AND NOTICE OF ANY HEARINGS BY WRITING TO THE COMMISSION AT THIRTY VAN NESS AVENUE, SUITE 2011, SAN FRANCISCO, CALIFORNIA 94102, OR BY TELEPHONING (415) 557-3686. THE APPLICATION AND ANY SUPPLEMENTARY MATERIALS MAY BE REVIEWED AT THE COMMISSION'S OFFICES. MEMBERS OF THE PUBLIC MAY COMMENT ON THE PROJECT PROPOSED IN THE APPLICATION. COMMENTS SHOULD BE SUBMITTED TO THE COMMISSION'S OFFICES IMMEDIATELY. CERTIFICATION OF POSTING OF NOTICE San Francisco Bay Conservation and Development Commission Thirty Van Ness Avenue, Suite 2011 San Francisco, California 94102 RE: _________________________________________ (brief description of project) I ______________________________________________, hereby certify (name of applicant or agent) that on _____________________, I or my agent or employee posted (date) in a prominent location at or near the project site the Notice of Application provided by the San Francisco Bay Conservation and Development Commission. Date: ____________________ By: ________________________________ (Signature) Title: _____________________________ (Title) Appendix F Application Exhibits The following information must be included as exhibits to an application. Failure to include all the required information will prevent an application from being filed. Proof of Legal Interest It is necessary for the applicant of the land owner to have adequate legal interest in the underlying property to carry out the project and comply with any conditions that may be a part of the Commission's approval. This legal interest must be one of the following: • A fee interest that allows the proposed activity. • A sufficient easement that allows the proposed activity. • A leasehold whose remaining period of occupancy is long enough to provide a reasonable amortization period for the proposed project and whose terms allow construction and use of the proposed project. • An enforceable option if the property owner is a co-applicant. • The authority and commitment to acquire the property by eminent domain. If the applicant is a public agency, corporation, partnership or other legal entity, evidence must be provided to ensure that the person who signs the application is empowered to represent and make commitments on behalf of the organization submitting the application. To accomplish this, such applications must include either a resolution authorizing the person who signs the application to represent and bind the applicant or bylaws which establish that the person who signs the application holds a position that is empowered to act on behalf of the legal entity. Corporate resolutions must be from the corporation's board of directors. Public agency resolutions must be from the city council, board of supervisors or similar highest policy body which governs the organization. To establish that the applicant or co-applicant has adequate legal interest in the property on which the project is to be built, it is necessary for the application to include a property map and either a recently issued title report, a copy of a grant deed (both of which must include a map and a metes and bounds description) or other information of similar accuracy and reliability to show that the applicant or co-applicant holds the interest in the project site. An applicant for a project that involves the placement of fill in San Francisco Bay for purposes other than shoreline protection or the repair of existing structures must provide a title report or other acceptable documentation that is no more than two years old. The property map (or maps) must either be a copy of an official parcel map obtained from a county assessor's office annotated as follows or a specially prepared map showing the following: • All property lines, easement lines, and current assessor parcel numbers for the property on which the project will occur. • A metes and bounds description for all property lines and easement lines. • A north arrow, graphic scale, project name, the shoreline, an identification of the exhibit as a property map, the date of the plan's preparation, and the name, address, and telephone of the person who prepared or annotated the map. Plans and Maps Every application must include a vicinity map and a project site plan. The vicinity map must be either an 8-1/2 " x 11 " portion of a United States Geological Survey topographical map (7.5 minute series) or a similar 8-1/2 " x 11 " map which shows the project site in relation to the shoreline, major roadways, and other landmarks.The project site plan must be at a scale which allows the details of the proposed project to be adequately illustrated. The plan (or set of plans if all the information cannot be shown on one drawing) must show exactly the nature, scope and location of the proposed work and clearly distinguish between existing and proposed conditions. The plan must include all of the following specific elements: • The shoreline. • A line 100 feet inland from the shoreline. • Any salt ponds, managed wetlands, marshes or mudflats on the project property. • Property lines. • Location and names of nearby roads, streets or highways. • All major utilities. • Existing control points, important geographic, topographic or physical features, and all major fixed objects and structures on the project site. • Existing and proposed topography, including especially the existing and proposed top and toe of the bank if solid fill, excavation or dredging is proposed in the application. • Existing and proposed improvements. • Existing and proposed building elevations. • Existing and proposed public access areas, including any areas that will be reserved for public access as part of the project development and any improvements that are proposed to be made in the public access area, such as parking, landscaping, pathways, benches, etc. • A north arrow, graphic scale, project name, an identification of the exhibit as a project site plan, the date of the plan's preparation, and the name, address and telephone number of the person who prepared the plan. In addition to providing a large scale project site plan, applicants for major projects must also provide seven high quality copies of an 8-1/2 " x 11 " reduction of the site plan. Applicants for minor repairs or improvements or routine maintenance projects need to provide only one high quality 8-1/2 " x 11 " reduction of the project site plan.In some cases, instead of providing high quality 8-1/2 " x 11 " reductions that are suitable for reproduction, applicants may furnish 235 copies of exhibits of another size. Applicants should consult with the Commission's staff to determine if this option is appropriate. Environmental Documentation The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) require that the environmental impacts of a proposed development be assessed before any permit is granted for the project. These laws include specific exemptions for activities that have insignificant environmental impacts. If the project is covered by one of these exemptions, a brief statement must be provided to document this statutory exemption and cite the statutory section exempting the project. If available, this statement should be the environmental determination by the lead agency. Similarly, other activities fall within categories that do not require the preparation of environmental impact documentation. If the project is covered by one of these exemptions, a statement must be provided to document this categorical exemption and cite the regulation section exempting the project. If available, this statement should be the environmental determination by the lead agency. If another government agency has certified a "negative declaration" on the project, a copy of the declaration prepared in accordance with NEPA must be included with the application, and a copy of the declaration prepared in accordance with CEQA may be included with the application. If the project requires the preparation of an environmental impact document to comply with NEPA, the document certified by the lead agency must be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project. If the project requires the preparation of an environmental impact document to comply with CEQA, the lead agency's certification and the document may be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project. Note that when the certification and document are not submitted with the application, they must be submitted before the Commission considers and takes action on the application; see Sections 10516 and 10625. Appendix G Appendix H Violation Report/Complaint for the Administrative Imposition of Civil Penalties FAILURE TO RESPOND TO THIS VIOLATION REPORT/COMPLAINT FOR THE ADMINISTRATIVE IMPOSTION OF CIVIL PENALTIES BY COMPLETING THE ENCLOSED STATEMENT OF DEFENSE FORM AND ENCLOSING ALL PERTINENT DECLARATIONS UNDER PENALTY OF PERJURY, PHOTOGRAPHS, LETTERS AND OTHER WRITTEN DOCUMENTS COULD RESULT IN A CEASE AND DESIST ORDER, A PERMIT REVOCATION ORDER, OR A CIVIL PENALTY ORDER BEING ISSUED TO YOU OR IN A SUBSTANTIAL ADMINISTRATIVE CIVIL PENALTY BEING IMPOSED ON YOU WITHOUT YOUR HAVING AN OPPORTUNITY TO CONTEST THEM OR TO INTRODUCE ANY EVIDENCE. The San Francisco Bay Conservation and Development Commission is issuing this violation report/complaint for the administrative imposition of civil penalties and the enclosed statement of defense form because the Commission's staff believes that you may be responsible for or involved with a possible violation of either the Commission's laws or a Commission permit. The report contains a brief summary of all the pertinent information that staff currently has conerning the possible violation and references to all pertinent evidence that the staff currently relies on. All the evidence that this report refers to is available in the enforcement file for this matter located at the Commission's office or to have copies made at your expense or both contacting _________________________________ of the Commission's staff at telephone number 415-557-3686. The staff also intends that the report inform you of the nature of the possible violation so that you can fill out the enclosed Statement of Defense form and otherwise be prepared for the Commission enforcement proceedings. Reciept of the report and the enclosed statement of defense form is the first step in formal Commission enforcement proceedings. Subsequently, either the Commission or its enforcement committee may hold an enforcement hearing and the Commission will determine what, if any, enforcement action to take. Careful reading and a timely response to these materials is essential to allow you to present your side of the case to the Commission. A copy of the Commission's enforcement regulations is also included so that you can fully understand the Commission's enforcement procedures. If you have any questions concerning either the violation report, the enclosed statement of defense form, the procedures that the Commission and its enforcement committee follow, or anything else pertinent to this matter, you should contact as quickly as possible _________________________of the Commission's staff at telephone number 415-557-3686. Thank you for your cooperation. 1. Person or persons believed responsible for illegal activity: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 2. Brief description of the nature of the illegal activity: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 3. Description of and loaction of property on which illegal activity occurred: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 4. Name of owner, lessee (if any), and other person(s) (if any) who controls property on which illegal activity occurred: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 5. Approximate date (and time if pertinent and known) illegal activity occurred: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 6. Summary of all pertinent information currently known to the staff in the form of proposed findings with references to all pertinent supporting evidence contained in the staff's enforcement file (the file is available at the Commission's offices for you review; you should call the above listed staff enforcement officer to arrange to review the file): _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 7. Provisions of law or Commission permit that the staff alleges has been violated: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 8. If the staff is proposing that the Commission impose an administrative civil penalty as part of this enforcement proceeding, the amount of the proposed penalty: _______________________________________________________________ _______________________________________________________________ 9. Any other statement or information that the staff believes is either pertinent to the alleged violation or important to a full understanding of the alleged violation: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Appendix I Statement of Defense Form FAILURE (1) TO COMPLETE THIS FORM, (2) TO INCLUDE WITH THE COMPLETED FORM ALL DOCUMENTS, DECLAREATIONS UNDER PENALTY OF PERJURY, AND OTHER EVIDENCE YOU WANT PLACED IN THE RECORD AND TO BE CONSIDERED BY THE COMMISSION, (3) TO LIST ANY WITNESSES WHOSE DECLARATION IS PART OF THE STAFF'S CASE AS IDENTIFIED IN THE VIOLATION REPORT THAT YOU WISH TO CROSS-EXAMINE, THE AREA OF KNOWLEDGE ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE WITNESS, AND THE INFORMATION YOU HOPE TO ELICIT BY CROSS-EXAMINATION, AND (4) TO RETURN THE COMPLETED FROM AND ALL INCLUDED MATERIALS TO THE SF BAY COMMISSION STAFF OR TO CONTACT _____________________ OF THE SF BAY COMMISSION ENFORCEMENT STAFF BY ______________, 19___ MEANS THAT THE COMMISSION CAN REFUSE TO CONSIDER SUCH STATEMENTS AND EVIDENCE WHEN THE COMMISSION HEARS THIS MATTER. DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH THE SF BAY COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, ADMINISTRATIVE OR LEGAL ENFORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INITIATED AGAINST YOU, IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BY USED AGAINST YOU. YOU MAY WISH TO CONSULT WITH OR RETAIN AND ATTORNEY BEFORE YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE SF BAY COMMISSION ENFORCEMENT STAFF. This form is enclosed with a violation report. The violation report indicates that you may be responsible for or in some way invilved in either a violaiton of the Commission's laws, a Commission permit, or a Commission cease and desist order. The violation report summarizes what the possible violation involves, who may be responsible for it, where and when it occurred, if the Commission staff is proposing any civil penalty and, if so, how much, and other pertinent information concerning the possible violation. This form requires you to respond to the alleged facts contained in the violation report, to raise any affirmative defenses that you believe apply, to request any cross-examination that you believe necessay, and to inform the staff of all facts that you believe may exonerate you of any legal responsibility for the possible violation or may mitigate your responsibility. This form also requires you to enclose with the completed statement of defense form copies of all written documents, such as letters, photographs, maps drawings, etc. and written declarations under penalty of perjury that you want the Commission to consider as part of this enforcement hearing. This form also requires you to identify by name any person whom you may want to cross-examine prior to the enforcement hearing on this matter, the area of knowledge that you want to cover in the cross-examination, the nature of the testimony that you hope to elicit, and the reasons that you believe other means of producing this evidence are unsatisfactory. Finally, if the staff is only proposing a civil penalty, i.e., no issuance of either a cease or desist order or a permit revocation order, this form allows you alternatively to pay the proposed fine without contesting the matter subject to ratification of the amount by the Commission. IF YOU WANT TO CROSS-EXAMINE ANY PERSON ON WHOSE TESTIMONY THE STAFF HAS RELIED IN THE VIOLATION REPORT, YOU MUST COMPLETE PARAGRAPH SEVEN TO THIS STATEMENT OF DEFENSE FORM. THIS PARAGRAPH REQUIRES YOU TO SET OUT (1) THE NAME(S) OF THE PERSON(S) YOU WANT TO CROSS-EXAMINE, ()2) REFERENCES TO ANY DOCUMENTS ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE PERSON, (3) THE AREA OF KNOWLEDGE ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE PERSON, (4) THE INFORMATION THAT YOU BELIEVE CAN BE ELICITED BY CROSS-EXAMINATION, AND (5) THE REASON WHY YOU BELIEVE THIS INFORMATION CANNOT BE PRESENTED BY DECLARATION OR OTHER DOCUMENT. You should complete the form as fully and accurately as you can as quickly as you can and return it no later than 35 days after its having been mailed to you to the Commission's enforcement staff at the address: SanFrancisco Bay Conservation and Development Commission 30 Van Ness Avenue, Suite 2011 San Francisco, California 94102 If you believe that you have good cause for not being able to complete this form within 35 days of its having been mailed, please complete it to the extent that you can and within 35 days of the mailing of the violation report send the statement of defense form completed as much as possible with a written explanation of what additional information you need to complete the form in its entirety, how long it will take to obtain the additional information needed to complete the form, and why it will take longer than 35 days to obtain the additional information, send all of this to the Commission's staff at the above address. Following this procedure does not mean that the Executive Director will automatically allow you to take the additional time to complete the form. Only if the Executive Director determines that you have shown good cause for the delay and have otherwise complete the form as much as is currently possible will be grant an extensionto complete the form. If the staff violation report/complaint that accompanied this statement of deffense form included a proposed civil penalty, you may, if you wish, resolve the civil penalty aspect of the alleged violation by simply providing to the staff a certified cashier's check in the amount of the proposed fine within the 35-day time period. If you choose to follow this alternative, the Executive Director will cash your check and place a brief summary of the violation and proposed penalty along with a notation that you are choosing to pay the penalty rather than contesting it on an administrative permit listing. If no Commissioner objects to the amount of the penalty, your payment will resolve the civil penalty portion of the alleged violation. If a Commissioner objects to the proposed payment of the penalty, the Commission shall determine by a majority of those present and voting whether to let the proposed penalty stand. If such a majority votes to let the proposed penalty stand, your payment will resolve the civil penalty portion of the alleged violation. If such a majority does not let the proposed penalty stand, the Commission shall direct the staff to return the money paid to you and shall direct you to file your completed statement of defense form and all supporting documents within 35 days of the Commission's action. Of course, you also have the opportunity of contesting the fine from the outset by completing this form and filing it and all supporting documents within 35 days of its having been mailed to you. If you have any questions, please contact as soon as possible ________________________________ of the Commission Enforcement Staff at telephone number 415-557-3686. 1. Facts or allegations contained in the violation report that you admit (with specific reference to the paragraph number in the violation report): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 2. Facts or allegations contained in the violation report that you deny (with specific reference to paragraph number in the violation report): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3. Facts or allegations contained in the violation report of which you have no personal knowledge (with specific reference to paragraph number in the violation report): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the possible violation (be as specific as you can; if you have or know of any documents, photographs, maps, letters, or other evidence that you believe are relevant, please identity it by name, date, type, and any other identifying information and provide the original or a copy if you can): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 5. Any other information, statement, etc. that you want to make: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 6. Documents, exhibits, declarations under penalty of perjruy or other materials that you have attached to this statement to support your answers or that you want to be made part of the administrative record for this enforcement proceeding (Please list in chronological order by date, author, title and enclose a copy with this completed form): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Name of any person whose declaration under penalty of perjury was listed in the violation report as being part of the staff's case who the respondent wants to cross-examine, all documents about which you want to cross-examine the person, area or areas of information about which the respondent wants to cross-examine the witness, information that the respondent hopes to elicit in cross-examination, and the reason(s) why some other method of proving this information is unsatisfactory: __________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Appendix J SAN FRANCISCO BAY CONSERVATION TO BE FILLED IN BY BCDC AND DEVELOPMENT COMMISSION 30 Van Ness Avenue, Room 2011 1. Claim Number:______________ San Francisco, California 94102 2. Date Claim Filed:____________ 3. Date Claim Mailed to Other Agencies:____________________ 4. Date of Hearing:______________ CLAIM OF EXEMPTION FROM BCDC PERMIT REQUIREMENTS FOR A PROJECT INVOLVING FURTHER FILL This form is to be used in filing a claim of exemption from BCDC permit requirements for a project involving fill in the Bay, a salt pond, or a managed wetland after January 1, 1974. The form is designed to obtain sufficient detailed information about the project claimed to be exempt so that the Commission can determine the validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commission operates (Government Code Title 7.2), especially the grandfather clauses, Sections 66632.1, 66655, and 66656 of the Government Code; (2) the Commission's procedural regulations, especially Sections 10910 through 10921; and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal.2d 533, the leading case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the Commission's office, and the Commission's staff can help explain them as they affect any particular claim. Each question must be fully answered. Those questions with space for an answer on this form may be answered on the form. Answers to the remaining questions should be on a separate sheet of paper with the answer keyed to the number of the question. Both this form and the answer sheet are part of the application, and they should be submitted together to the Commission prior to April 1, 1974, the last day for filing claims of exemption under the law. Exhibits may be attached to either the form or the answer sheet. THE CLAIMANT 1. Name: ______________________________________________________ 2. Address: ________________________ Telephone: _______________ 3. Representative: _________________ Telephone: _______________ 4. If the claimant is a governmental entity, a partnership or a corporation, attach a document, such as a corporate or governing body resolution, indicating that the person who signs the claim has been authorized to act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A. PROJECT LOCATION AND OWNERSHIP 5. County(ies): _______________________________________________ 6. City(ies): _________________________________________________ 7. Street Address and Assessor Parcel Number(s): ______________ 8. Total area involved __________ acres. Of this, the area covered by water at some or all times of the year is __________ acres. 9. Attach a legal description of all property involved in the claim with a map showing lot lines, easements, major utilities, etc., and a document indicating the claimant's legal interest in the property. Mark the documents Exhibit B. PROJECT DESCRIPTION 10. Fully describe any project that is claimed to be exempt under Section 66632.1 or Section 66656 of the Government Code. This description must include the following information: a. A precise description of the plan for the project as of September 17, 1965, including the exact nature and location of land uses. b. A description of all entities, such as partnerships, corporations, special districts, etc., that had been organized to carry out the project as of September 17, 1965. c. A detailed explanation of all financial arrangements that had been made as of September 17, 1965, to finance the project. d. A description of all engineering, architectural, and planning services, including costs, incurred as part of the project as of September 17, 1965, and after all necessary approvals and Corps of Engineers' permits had been obtained. e. A description of all equipment purchased, leased or rented as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including costs, purposes for which the equipment was obtained, when obtained, the length of time used, etc. f. A description of any other contractual obligations entered into as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including the parties to the contract, the date of the contract, the purposes for which the contract was entered into, the costs incurred under the contract, etc. g. A history of the project on a year-to-year basis from the date of commencement to September 17, 1965, include a precise description of all diking or filling that took place prior to September 17, 1965, and that indicates the amount of fill that had been placed and the extent of any dikes that had been constructed. 11. Fully describe any project for which a vested right is claimed under Section 66655 of the Government Code. This description must include the following information: a. A precise description of the use or uses for which a vested right is claimed, including the exact nature and location of such uses. b. A precise description of all liabilities incurred for work and materials, and of all work commenced and performed, as of September 1, 1969, in good faith and in reliance on any city or county ordinance or permit authorizing the use or uses for which a vested right is claimed. c. An identification of each city or county ordinance or permit authorizing the use or uses for which a vested right is claimed and on which reliance was placed in good faith. 12. For any project for which an exemption is claimed under Section 66632.1 of the Government Code or Section 66656 of the Government Code, describe all activity that has taken place with regard to the project since September 17, 1965, including each of the aspects of the project included in the description of the project in the answer to question 10. 13. For any project for which a vested right is claimed under Section 66655 of the Government Code, describe all activity that has taken place with regard to the project since September 1, 1969, including each of the aspects of the project included in the description of the project in the answer to question 11. 14. Summarize in chronological order each governmental action that has been taken with regard to the project. Include any mention of dated drawings, plans or applications that were submitted to any governmental entity with regard to the project and indicate the name of the person at each governmental agency who has custody of such drawings, plans or applications. 15. Describe precisely the amount, location, and timing of any fill to be placed subsequent to January 1, 1974, as part of the project, including the nature and location of future uses. 16. Explain why the project has not been completed. 17. Does any circumstance prevent or delay realization of the project as originally planned? If so, explain fully. 18. Has the project been changed in any manner either since September 17, 1965, if an exemption is claimed under Section 66632.1 or Section 66656, or since September 1, 1969, if a vested right is claimed under Section 66655? If so, explain in detail each alteration that has been made. Indicate whether any governmental approvals were required for the change and the date such approval was granted. EXHIBITS A [Exhibit A is described in the first section of the form entitled "THE CLAIMANT."] B [Exhibit B is described in the second section of the form entitled "PROJECT LOCATION AND OWNERSHIP."] C As Exhibit C, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction with a graphic bar scale and north arrow, showing all aspects of the project claimed to be exempt or for which vested rights are claimed. Indicate areas that have been filled or diked with dates and areas that remain to be filled or diked. D As Exhibit D, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction and showing the project in relation to nearby roads, the shoreline as it presently exists and as it existed on September 17, 1965. [ NOTE: If the claimant believes that a drawing of a different size will better explain the project, he may submit 150 copies of each drawing of a different size, instead of one 8-1/2 by 11 inch drawing.] E As Exhibit E, attach any photographic or written evidence showing that filling or diking or both had begun prior to September 17, 1965, and indicating the amount of any fill that had been placed and the extent of any dikes that had been constructed. F As Exhibit F, attach a copy of each permit, approval, disapproval, letter of permission, or other written evidence of action taken by each governmental agency, such as the Corps of Engineers, the City or County, the State Lands Commission, etc., having jurisdiction over the project claimed to be exempt or for which a vested right is claimed; or if no action was taken by a governmental agency having jurisdiction, an explanation of why. G. As Exhibit G, attach a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc. CERTIFICATION I understand that further information may be required in the course of the proceedings on this claim, and I declare under penalty of perjury that the information in this application and all accompanying exhibits, and any further information and exhibits furnished by me to the Commission supplementing this application, is and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission. Executed in the County or City and County of __________________ on ____________________________________________________________ ______________________________ Claimant Appendix K Appendix K SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 Van Ness Avenue, Room 2011 San Francisco, California 94102 TO BE FILLED IN BY BCDC 1. Claim Number: ________________________ 2. Date Claim Filed: ____________________ 3. Date Claim Mailed to Other ___________ Agencies: ____________________________ 4. Date of Hearing: _____________________ ================================================================ CLAIM OF EXEMPTION (PUBLIC RESOURCES CODE SECTION 29,507) This form is designed to obtaion sufficiently detailed information about the project claimed to be exempt from BCDC permit requirements so that the Commission can determine the validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commission operates (Government Code, Title 7.2 and Public Resources Code, Division 19) with special reference to Public Resources Code Section 29507, (2) the Commission's procedural regulations, especially Sections 10910 through 10921 which will apply (see Public Resources Code Section 29520(a)) and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal. 2d 533, the leading case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the Commission's office, and the Commission's staff can help explain them as they affecr any particular claim. ________________________________________________________________ THE CLAIMANT: 1. Name: _______________________________________________________ 2. Address: _________________________ Telephone: _______________ 3. Representative: __________________ Telephone: _______________ If the claimant is a government entity, a partnership or a corporation, attach a document indicating that the person who signs the claim has been authorized to act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A. PROJECT LOCATION AND OWNERSHIP: 5. County(ies): ________________________________________________ 6. City(ies): __________________________________________________ 7. Street Address and Assessor Parcel Number(s): _______________ 8. Total area involved ________ acres. Of this, the area covered by water at some or all times of the year is ____________ acres, the area covered by a typical salt pond and the brackish marsh vegetation is ____________acres, and the area managed for duck hunting or game preserve purposes is _____________ acres. 9. One sentence description of the projuect claimed to be exempt: _____________________________________________________________ _____________________________________________________________ 10. Attach a legal description of all property involved in the claim with a map shoeing lot lines, easements, major utilities, etc., and a document indicating the claimant's legal interest in the propety. Mark the documents Exhibit B. PROJECT DESCRIPTION: 11. List all governmental approcals which have been obtained (including permits issued by BCDC, all local permits, federal agency approval, etc.) List the date of approval and describe the type of approval. 12. List any governmental approvals which have not yet been obtained and anticipated dates of approval. 13. List any conditions to which the approvals are subject and date on which the conditions were satified or are expected to be satisfied. 14. Fully describe the project for which vested rights are claimed. This description must specify the nature and extent of work and uses in progress or completed, including: (a) date each portion commenced (e.g, each use, filling, dredging, etc.); (b) governmental approval pursuant to which each portion was commenced; (c) portions completed and date of completion of each portion: (d) status of each portion on January 1,1978; (e) status of each portion on date of claim; and (f) amounts of money expended on portions of work both completed or in progrss, excluding expenses in obtaining governmental appovals. 15. Describe any changes or revisions in the project or the site which have been made subsequent to commencement of the project. 16. Describe those portions of the project remaining to be constructed. 17. List the amount and nature of any liabilities incured that are not covered above and dates incurred. List any remaining liabilities to be incurred and dates when these are anticipated to be incurred. 18. State the expected total cost of the project, excluding expebses incurred in securing any necessary gorvenmental approval. 19. Is the project planned as a series of phases or segments? If so, explain. 20. When is it anticipated that the total project would be completed? EXHIBITS: A and B (Exhibits A and B are described in the first section of the form entitled "THE CLAIMANT") C. SITE PLAN. Attach one drawing , 8 1/2 by 11 inches in size and suitable for reproduction with a graphic bar scale and north arrow, showing all aspects of the project for which vested rights are claimed. Indicate areas that have been filled, diked or dreged with dates and areas that remain to be filled, dredged or diked. D VICINITY MAP. The vicinity map must show where the work would be done in relation to the surrounding area, including major highways, the Bay, other waterways. and important geographic features. The map should provide enough information to allow a person unfamiliar with the area to find the site from the nearest well-known boulevard or freeway. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT/PROJECT STATUS. Any envirnmental impact report or negative declaration prepared for the project must be submitted. If no document was prepared, explain why no document was nesessary. F. PRIOR APPROVALS. Attach a copy of each permit, approval, disapproval, letter of persmission, or other written evidence of action taken by each governmental agency other than this agency having jurisdiction over the project for which a vested right is claimed; or if no action was taken by a gorvenmental agency having jurisdiction, an explanation of why. CERTIFICATION: I understand that further clarifying information may be required in the course of the proceedings on this claim, and I declare under penalty of perjury that the information in this application and all accompanying exhibits, and any further information and exhibits furnished by me to the Commission supplementing this application is, and will be, to the best of my knowledge, true and correct. I further understand that any material misstatement or omission of fact may be grounds for reopening proceedings on any claim recognized by the Commission. Executed in the County or City and County of ___________________ on _____________________________________ ________________________________________________________________ Claimant Appendix L Appendix L SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION Thirty Van Ness Avenue, Room 2011 San Francisco, California 94102 Telephone: (415) 557-3686 TO BE FILLED IN BY BCDC 1. Appeal Number: __________________ 2. Filed: __________________________ 3. Notice Received: ________________ 4. Twenty-First Day: _______________ 5. Forty-Second Day: _______________ 6. Staff Assigned __________________ ================================================================ APPEAL FROM MARSH DEVELOPMENT PERMIT DECISION OF LOCAL GOVERNMENT APPELLANT(S): 1. Name(s), address(es), and telephone number(s) of appellant(s):________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 2. Name(s), address(es), and telephone number of appellants' representative, if any: ________________________________________________________________ ________________________________________________________________ 3. The local governmental action was taken by___________________. The action was taken on ___________________________and is or is not final (circl one). If the action in not final, an appeal may be taken to ___________________________ within __________days of _________. The knowledgable local official is__________________________ who may be contacted at__________________. 4. Name of development and Marsh Development Permit Number, if any:________________________ ________________________________________________________________ 6. Brief description of development location (city or county, nearest rods, etc.):________________ ________________________________________________________________ ________________________________________________________________ 7. Describe the marsh development permit action of the local government (e.g., approcal, approval with conditions, etc.):_________ ________________________________________________________________ ________________________________________________________________ 8. Attach a complete, but brief, statement of facts explaining and substantiating why the proposed development does not conform with the certified Suisum March Local Protection Program or Program Component. The statement should refer to all applicable policies, ordinances, and regulations by name and page number. The appellant must demonstrate to the Commission that the appeal raises a substantial issue. The Commission shall hear an appeal unless it determines that the appeal raises no substantial issue as to conformity of the proposed development with the provisions of the certified Suisun Marsh Local Protection Program. [FNa1] [FNa1] The Suisun Marsh Preservation Act provides that the Commission must hear an appeal if a substantial issue of compliance exists with either the Marsh Act, the Marsh Plan, or the certified Local Protection Program. However, the Act also provides that the Commission must issue a marsh development permit on appeal unless a substantial issue of compliance exists with the certified Local Protection Program. Therefore, this appeal form stronly excourages an appellant to limit his or her discussion and analysis to issues of compliance with the certified Local Protection program. CERTIFICATION: I declare that the foregoing is true and correct to the best of my knowledge and I understand that any misstatement or omission of the information requested may be grounds for rejection of this appeal. Dated: _____________ __________________________________________ (Signature of appellant or representative Appendix M Commission Permit Application Fees July 9, 2004 (a) All applicants for a Commission permit, permit amendment or amendment to an application shall submit as part of the application an application fee as identified in the following sections. (b) The following permit application fees shall be effective until December 31, 2004 or until the Executive Director calculates the following year's fees under subsection (c), whichever is later. Type of Permit Application Application Fee Abbreviated Regionwide Permit $160 Regionwide Permit $320 First Time Extension for any permit $160 Nonmaterial Amendment to permit, including Subsequent Time Extension $320 Material Amendment to permit Same as for first time application Material Amendment to application 75% of original application fee Emergency Permit Same as for project as if not an emergency Minor Permit with a total project cost (TPC) of: (1) less than $300,000 $480 (2) $300,000 to $10 million 0.16% of TPC (3) more than $10 million $16,000 Major Permit with a total project cost (TPC) of: (1) less than $250,000 $800 (2) $250,000 to $10 million 0.32% of TPC (3) more than $10 million $32,000 (c) Calculation of Permit Fees for Subsequent Years (1) No earlier than July 1 and no later than October 1 of each year, the Executive Director shall calculate the permit application fees that will apply to applications received in the following calendar year. (2) The permit application fees shall be calculated in the following way: (A) Calculate the target revenue that is 20 percent of the Commission's total regulatory program costs, as defined in subsection (3), for the current state fiscal year. (B) Calculate the previous revenue that is the sum of all permit application fees received in the previous fiscal year. (C) Calculate the adjustment factor by dividing the target revenue by the previous revenue. (D) Adjust the permit application fees by multiplying each fee by the adjustment factor. (3) The "total regulatory program costs" shall be based on the amount of revenue appropriated to support the Commission's regulatory program in the Budget Act for that fiscal year. The total regulatory program costs shall be calculated by: (A) identifying the direct costs for employee compensation, contracts, and equipment and facilities that are allocated to the Commission's permit and enforcement activities; (2) adding to the direct costs the indirect costs such as administrative, legal, and other support allocated to the regulatory program; and (3) subtracting any reimbursements, grants, abatements or other income received to support regulatory program activities. (4) The adjusted fees shall be effective on January 1 of the following calendar year and shall remain effective for twelve months or until the Executive Director calculates the following year's fees, whichever is later. All calculated figures shall be rounded up to the nearest dollar. (d) Total Project Cost. (1) "Total project cost," means all expenditures, including the cost for planning, engineering, architectural, and other services, made or to be made for designing the project plus the estimated cost of construction of all aspects of the project both inside and outside the Commission's jurisdiction. (2) The Commission shall use the cost stated by the applicant in the application to BCDC to determine the total project cost unless the Executive Director determines that the amount stated does not appear to include the total project or to reflect accurately all project costs. (3) Whenever the Executive Director determines that the stated project cost does not appear to include the total project or to reflect accurately all project costs, he or she shall return the application unfiled and state his or her reasons for concluding that the total project is not included or why the stated cost does not accurately reflect all project costs or the Executive Director shall hold the application unfiled until the applicant verifies the total cost figures by having an estimator selected by the Executive Director and prepaid by the applicant review and certify as complete and accurate all project costs. (e) Fees for Projects Involving More than One Category. Projects involving two (2) or more categories, (i.e., shoreline construction and filling as part of one (1) project), will not be charged the total of the fees that would be due if each part of the project were considered as a separate application. Rather, the fee is the single amount due under highest fee category into which the project falls. (f) When Fees are to be Paid. All fees shall be paid before the Commission files a permit application. No fees shall be charged for preliminary inquiries and requests for information prior to the filing of an application. (g) Refunds. (1) A $100 refund of an administrative permit application fee shall be made if the application is withdrawn prior to the mailing of the administrative listing for the application. No refund shall be made for an administrative permit application after listing. (2) For all other fees, the first $200 hundred dollars is not refundable and the remainder shall be refunded if the application is withdrawn prior to mailing notice of a public hearing either on whether the application is complete or on whether the project is consistent with the applicable Commission policies but shall not be refunded after the notice of the public hearing has been mailed. (h) Fees in Special Circumstances. (1) The fee for resubmitting an application that had earlier been denied by the Commission or withdrawn by the applicant before a Commission vote shall be seventy-five percent (75%) of the fee that would be charged for a new application covering the same work. Such fee shall be in addition to the fee charged for the original application. (i) Fees for Applications Arising from an Enforcement Investigation. (1) The Commission shall double all relevant application fees if the Executive Director determines that the applicant submitted the application in response to an investigation by the staff or the Commission of a possible violation of the McAteer-Petris Act, the Suisun Marsh Preservation Act, or the terms or conditions of a permit. (2) Applications shall be presumed to have arisen out of an enforcement investigation if the staff prepared a written enforcement report prior to the applicant presenting the application for filing. (j) Appeal of Fee Determination. (1) Any person who believes a fee charged is not correct under these regulations may appeal to the Commission any objection that the applicant, the Executive Director, and the Chair cannot resolve. (2) Pending resolution of the amount of the fee, the applicant shall pay the fee that the Executive Director assesses and shall file a letter explaining why the fee is incorrect. (3) When an applicant appeals a fee, the Commission shall determine the correct fee at the time it votes on the application or at the time for commenting on the administrative listing, whichever applies. Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(b), Government Code; and Section 29520(b), Public Resources Code. Appendix N Application Checklist Applicant Information Note: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66632(b) and (f) and 84308, Government Code; Sections 21080.5, 21082 and 29520, Public Resources Code; and San Francisco Bay Plan. s 11810. Prohibition Against Unlawful Practices. (a) No person or entity seeking the award of a contract for consultant services pursuant to this chapter shall offer any rebate, kickback, or other unlawful consideration to any Commission member or Commission staff member. (b) No Commission member of Commission staff member shall accept any rebate, kickback, or other unlawful consideration in connection with the process of selecting a Commission consultant pursuant to this chapter. (c) No Commission member or Commission staff member shall participate in any way in the selection of a Commission consultant pursuant to this chapter if the Commission member or Commission staff member has a "financial interest" in the person or entity seeking the consultant contract. (d) The Executive Director shall give notice to all Commission members and Commission staff members on January 2 of each year that state law prohibits those Commissioners and Commission staff members who participate in the award of any consultant contract pursuant to this chapter from receiving any form of rebate, kickback, or other unlawful consideration from any person or entity who seeks such a contract or from having a "financial interest" in any person or entity who seeks such a contract. (e) The Executive Director shall also ensure that any request for an annual statement of qualifications and performance data published pursuant to section 11830 of this chapter, any request for a statement of qualifications and performance data published pursuant to section 11850 of this chapter, and the contract itself shall also include language that specifically prohibits any form of rebate, kickback, or other unlawful consideration and that prohibits any person who has a financial interest in the outcome of the selection process from participating in the selection process in any way. Note: Authority cited: Section 66632(F), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11820. List of Small Businesses That Provide Services in the Following Areas: Architecture, Landscape Architecture, Engineering, Land Surveying, Environmental Services, or Construction Project Management. (a) The Executive Director shall prepare as of January 1, 1995 and shall update biannually thereafter a list of small businesses as defined by the Director of General Services under Cal. Govt. Code section 14837 that provide any one or more of the following services generally within the Commission's jurisdiction: architectural, landscape architectural, engineering, land surveying, environmental services, or construction project management. (b) The Executive Director shall mail at least 60 days prior to January 1, 1995 and thereafter at least 60 days prior to the date of the biannual update an announcement of his or her intent to prepare or update the list. The announcement shall include a description of the information required by subsection (c) to be included on the list. The Executive Director shall mail the announcement to all persons or entities that he or she believes may be interested in being included on the list and shall also cause the announcement to be published at least 60 days prior to January 1, 1995 and at least 60 days thereafter prior to the date of the biannual update in each and every publication listed in section 11830(c). (c) Each small business who wants to be listed by the Executive Director pursuant to subsection (a) shall provide the following information in writing to the Executive Director: (1) the name, address, and telephone number of the person or entity responding, (2) the area or areas of expertise of the person or entity responding, (3) the name of a contact person at the person or entity responding, and (4) a declaration under penalty of perjury that the person or entity qualifies as a small business as that term is defined under Cal. Govt. Code section 14837. (d) The Executive Director shall add to the list required by subsection (a) any person or entity who establishes at any time that the person or entity qualifies as a small business, who provides one or more of the services covered by this chapter, and who provides the information required in subsection (c) to be included on the list. Note: Authority cited: Section 66632, Government Code; Section 29201(e), Public Resources Code. Reference: Section 4526, Government Code. s 11830. Annual Statements of Qualifications and Performance Data. (a) Within 30 days of the effective date of these regulations and thereafter prior to December 1 of each year, the Executive Director shall mail a "Request for An Annual Statement of Qualifications and Performance Data" to all of the following persons and entities: (1) every small business included on the list required by section 11820; (2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and (3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years. (b) The "Request For An Annual Statement of Qualifications and Performance Data" shall contain the following information: (1) a brief request for a statement of qualifications and performance data and a brief explanation of the reason for the request and how the statement will be used in hiring consultants; (2) the type of service or services that the statement should cover; (3) the name, address, and telephone number of the Commission staff member to whom the statement should be directed; and (4) a request for the specific information required to be included in a statement of qualifications and performance data by section 11860. (c) No later than December 1 of each year, the Executive Director shall also publish the request for annual statements of qualifications and performance data in the publications of each of the following professional organizations: (1) for architectural services: the local chapters of the American Institute of Architecture (2) for landscape architectural services: the American Society of Landscape Architects (3) for engineering services: California Builder and Engineer (4) for land surveying services: California Consulting Engineer and Land Surveyor (5) for environmental services: the American Planning Association, California Chapter; the Association of Environmental Professionals; or the Association of Wetland Scientists (6) for construction management services: California Builder and Engineer (d) Any person or entity may submit a statement of qualifications and performance data to the Executive Director at any time and the Executive Director shall add the statement to the list of statements that he or she maintains so long as the statement contains all of the information required by section 11860. (e) The Executive Director shall keep all statements of qualifications and performance data on file for at least three years. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527, Government Code. s 11840. Establishment and Announcement of Criteria on Which Consultant Will Be Chosen. (a) Prior to publishing any request for statements of qualifications and performance data as part of the selection of a consultant pursuant to this chapter, the Executive Director shall establish the criteria that he or she will use to rank the persons and entities who submit a statement of qualifications and performance data or who already have a statement of qualifications and performance data on file. (b) These criteria shall be in writing and shall be made part of the file for the award of the contract. (c) The Executive Director shall use only the criteria in determining the relative rankings from highest to lowest of all persons and entities who submit a statement of qualifications and performance data. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11850. Publication and Mailing of Requests for Statements of Qualifications Prior to Selection of a Consultant. (a) At least 60 days prior to the date on which the Executive Director intends to commence the selection of a consultant pursuant to this chapter, the Executive Director shall mail and publish a request for statements of qualifications and performance data. (b) The request for statements shall include the following information: (1) the purpose for which the consultant will be required; (2) the nature of the specific work that the consultant will perform; (3) the time frame within which the work must be completed; (4) the name, address, and telephone number of the staff member to whom inquiries should be directed and to whom statements of qualifications and performance data should be directed to be included in the selection process; (5) that date by which a statement of qualifications and performance data must be received to be considered in the selection process; (6) the criteria upon which the ranking of consultants will be made prior to entering into negotiations with the highest ranking consultant; and (7) the specific information required to be included on a statement of qualifications and performance data as required by section 11860; and (8) any other information that the Executive Director believes will allow the consultant to perform the required work in an efficient and complete manner. (c) The Executive Director shall publish the request for statements either in one of the professional society publications listed in section 11830(c) or in at least one other publication of a professional society that represents the discipline from which the Commission seeks a consultant. (d) The Executive Director shall also mail the request for statements to all of the following persons and entities: (1) every small business that provides the required consultant services and is included on the list required by section 11810; (2) every provider of architectural, landscape architectural, engineering, land surveying, environmental, or construction management services with whom the Commission has had a contract at any time during the past three years; and (3) every provider of such services who has submitted a statement of qualifications and performance data within the last three years. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11860. Contents of a Statement of Qualifications and Performance Data. A statement of qualifications and performance data shall contain the following information: (1) the name, address, and telephone number of the person or entity; (2) the type of service or services that the person or entity provides; (3) if the statement concerns an entity, the name of the contact person at the person; (4) a brief summary of all of the following: (1) the professional excellence, demonstrated competence, and specialized experience of the person or entity, (2) the education and experience of key personnel, (3) the current staff workload, (4) the ability of meet deadlines, (5) the nature and quality of completed work, and (6) the reliability and continuity of the entity; and (5) For those persons or entities submitting a statement of qualifications and performance data for construction project management services, the person or entity shall also provide a summary of the expertise of the individual or entity and the person having on-site responsibilities in all of the following areas: (1) construction project design review and evaluation, (2) construction mobilization and supervision, (3) bid evaluation, (4) project scheduling, (5) cost-benefit analysis, (6) claims review and negotiation, and (7) general management and administration of a construction project. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11870. Discussion of Anticipated Concepts and Relative Utility of Alternative Methods of Approach. (a) Within 15 working days of the close of the period for receiving statements of qualifications and performance data as stated in the request required by section 11850, the Executive Director shall select three consultants from those who have a complete statements of qualifications and performance data on file and shall notify those selected that the Executive Director wants to meet with the three consultants to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. (b) Within 15 working days of notifying the three consultants selected pursuant to section 11870(a), the Executive Director shall meet with the representatives of those persons or entities chosen and shall discuss anticipated concepts and the relative utility of alternative methods of approach. (c) Based on the discussions carried out pursuant to section 11870(b), the Executive Director may modify the criteria on which he or she shall base the ranking of the persons and entities who have submitted statements of qualifications and performance data. (d) If the Executive Director modifies the criteria on which he or she will base the rankings required by section 11840, the Executive Director shall make those modifications in writing and shall include the modified criteria in the record of the consultant selection process. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11880. Evaluation of Current Statements of Qualifications and Performance Data and Statements Submitted in Response to Request. (a) No earlier than the date indicated in the request published as required by section 11850, the Executive Director shall evaluate all the statements of qualifications and performance data on file for the discipline from which the Executive Director intends to select a consultant and shall rank each and every consultant for which a complete statement of qualifications and performance data is on file in accordance with the criteria that have been established for this consultant contract. (b) Each such consultant shall be ranked from the highest to the lowest with a score based on the criteria established for the consultant contract. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4527(a), Government Code. s 11890. Contract Negotiation. (a) Within 14 days of ranking of the consultants or longer if needed and if the person or entity is notified in writing of the need for additional time, the Executive Director shall notify the highest-ranking person or entity and shall commence negotiations with that person or entity. (b) Notice to the highest ranked person or entity shall be in writing and shall include instructions for the negotiations to follow and any other information necessary to understand fully the negotiation process. (b) The Executive director shall negotiate with the highest ranking firm until either the Executive Director has executed a contract with that person or entity to provide all of the required services at a fair and reasonable price or the Executive Director has determined that he or she is unable to negotiate such a contract. (c) If the Executive Director determines that he or she cannot negotiate a contract for the required services at a fair and reasonable price with the highest ranked person or entity, the Executive Director shall formally terminate negotiations with that person or entity by providing written notice of termination. The written notice of termination shall be sent by Registered Mail and by regular mail and shall state the fact that the Executive Director has determined that he or she cannot reach an agreement to provide the required services at a fair and reasonable prices and the fact that the Executive Director is therefore terminating negotiations. (d) If the Executive Director has terminated negotiations with the highest ranked person or entity, the Executive Director shall open negotiations with the next highest ranked person or entity within 15 working days of formal notification of termination of negotiations with the highest ranked person or entity. Negotiations shall continue with the second ranked person or entity until the Executive Director either executes a contract or determines that he or she cannot negotiate such a contract at a fair and reasonable price. (e) This process shall be continued with the third, four, fifth, etc. highest ranked person or entity until the Executive Director can reach agreement on and execute a contract to provide the required services at a fair and reasonable price. Note: Authority cited: Section 66632(f), Government Code; Section 29201(e), Public Resources Code. Reference: Section 4528; and Government Code. Section 6106, Public Contracts Code. s 11900. Bay Plan Amendments. (a) Resolutions. 1. On September 16, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-06, adopting Bay Plan Amendment No. 2-99, revising the Waterfront Park, Beach priority use area at Oyster Point, South San Francisco. 2. On April 6, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-03, adopting Bay Plan Amendment No. 5-99, deleting some descriptive material from Part V of the Bay Plan, moving the remaining descriptive material into Part I of the Bay Plan, modifying Part I to accommodate the material moved from Part V, and moving the policy parts of Part V into Part IV of the Bay Plan. 3. On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, adding a new criterion for Bay fill on publicly owned land to Part IV of the Bay Plan, amending the San Francisco Waterfront Special Area Plan to allow public trust uses on Bay fill under certain circumstances in conjunction with a package of public benefits, clarifying the public access requirements for pier redevelopment projects, and rescinding the San Francisco Waterfront Total Design Plan, Piers 7 through 24. 4. On September 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-07, adopting Bay Plan Amendment No. 2-00, deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules. 5. On December 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-08, adopting Bay Plan Amendment No. 3-00, revising the findings, and policies related to dredging, disposal, and beneficial reuse of dredged material set forth in the San Francisco Bay Plan. Revisions to the Findings and Policies of the Bay Plan include, but are not limited to: (1) a decrease in the disposal of dredged material in the Bay while increasing both the beneficial reuse of dredged material and the use of the federally designated ocean disposal site; (2) a limit on in-Bay disposal of dredged material for habitat enhancement projects; (3) the identification of dredged material rehandling facilities as a water related industry; (4) the deletion of language that encourages dredging additional channels in the Bay and (5) amendments to Bay Plan maps as follows: 6. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland. 7. On March 15, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution 01-02, adopting Bay Plan Amendment No. 5-00, revising the public access findings and policies to provide for maximum feasible public access while protecting wildlife from adverse effects. 8. On July 19, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 01-11, adopting Bay Plan Amendment No. 1-00, creating a new policy section entitled Navigational Safety and Oil Spill Prevention and modified certain findings and policies in the Dredging, Recreation, Transportation and Safety of Fills policy sections regarding navigational safety and oil spill prevention. 9. On April 18, 2002 the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-02, adopting Bay Plan Amendment No. 1-01, updating the marshes and mudflats, fish and wildlife and dredging findings and policies; adding a new policy section on subtidal areas; amending the priority use area designations and Plan Map notes; and changing the terminology in the introductory section from "wildlife area" to "wildlife refuge." 10. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-03, adopting Bay Plan Amendment No. 1-02, updating the Bay Plan recreation findings and policies and amending the Plan Map Notes and Plan Map Policies. 11. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution 02-04, adopting Bay Plan Amendment No. 6-02, revising the mitigation policies and adding mitigation findings. 12. On June 19, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-02, adopting Bay Plan Amendment No. 8-02, revising the water quality findings and policies. Regulatory provisions in the amendment address tidal flats; conservation and restoration of water surface area and volume to protect and improve water quality; new project siting, design, construction, and maintenance to prevent or minimize discharge of pollutants into the Bay; coordination with other agencies when considering a project in an area polluted with toxic or hazardous substances; support of other agencies in developing nonpoint source pollution control programs; siting and design of new developments so as to be consistent with stormwater permits and stormwater management guidelines and with protection of the Bay; and, use of native vegetation buffer areas as part of a project. 13. On January 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-01, adopting Bay Plan Amendment No. 2-04, adding two findings and two polices regarding the siting and use of desalination facilities to the Other Uses of the Bay and Shoreline section and deleting reference to desalination facility siting in the power plant siting policy in the Other Uses of the Bay and Shoreline section. 14. On August 18, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-05, adopting Bay Plan Amendment No. 3-04, splitting the salt ponds and other managed wetlands section into two separate sections, updating the salt ponds findings and policies, and amending the Plan Map notes, policies, suggestions and priority use area designations regarding salt ponds. 15. On October 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-06, adopting Bay Plan Amendment No. 1-05, updating the transportation findings and policies, and amending the Plan Map notes, policies and suggestions regarding transportation and updating the fills in accord with the Bay Plan policies. 16. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06 which amended San Francisco Bay Plan Maps Nos. 4 and 5 and San Francisco Bay Area Seaport Plan Figure 4 by deleting the port priority use area designation from approximately six acres of land on the east side of Interstate 880 in the City of Oakland between West Grand Avenue on the north, 17th Avenue extended to the Interstate 880 Frontage Road on the south, Wood Street on the east and the Interstate 880 Frontage Road on the west. (b) Map Changes. 1. Revise Map No. 5 by deleting approximately 37 acres from the Waterfront Park, Beach priority use area designation at Oyster Point, in the City of South San Francisco. 2. Revise Map No. 4 by deleting two references to the San Francisco Waterfront Total Design Plan, Piers 7 through 24 and one reference to recommendations in the San Francisco Waterfront Special Area Plan. 3. Revise Map No. 2 by deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules. 4. Map No. 1, Note 9 to include the use of dredged material at Skaggs Island whenever feasible and environmentally acceptable. Delete policy map Notes "A," "D", and "E" which reference a possible new small boat channel, a new barge channel, and a new shallow draft port respectively. Add policy map notes identifying the possible use of Bel Marin Keys Unit V and the North Point Property site as wetland restoration sites using dredged material. Add policy map note identifying the Port Sonoma marina ponds as a regional dredged material rehandling facility. 5. Revise Map No. 2, Note 3 by deleting the priority use designation of the three northernmost ponds of the Mare Island site. Add policy map notes identifying the possible use of the Cargill Crystallizer ponds and the Wickland Selby site as regional dredged material rehandling facilities. Add policy map note identifying the Praxis Pacheco site as a dredged material confined disposal site. 6. Revise Map No. 3, Note 3 to include the use of dredged material from the Bay region for wetland restoration and enhancement in Collinsville. A portion of the site may also be used as a regional dredged material rehandling facility for Bay Area projects. 7. Revise Map No. 4 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse. 8. Revise Map No. 5 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse. 9. Delete Map No. 6, Note C to exclude the possible small boat channel just south of Bay Slough in Redwood City. 10. Delete Map No. 7, Note F to exclude the possible shallow draft port at Guadaloupe Slough, Mountain View. 11. Revise Map No. 4 and Map No. 5 by deleting approximately 174.4 acres of port priority use designation from the former Oakland Army Base; deleting reference to the Oakland Army Base; and deleting Map No. 4 Policy 17 and Map No. 5 Policy 2. 12. Revise Maps No. 4 and Map No. 5 by adding port priority use area designation to a 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street; an 11 acre parcel within the Interstate 880 right-of-way adjacent to the 10-acre parcel; and a 30-acre parcel adjacent to and west of Interstate Highway 880 at Seventh Street. 13. Revise Maps No. 1 through 7 by: (1) updating the wildlife priority use area designations to include state and federal wildlife refuges; (2) deleting the park priority use area designation and adding a wildlife priority use area designation to Map No. 6 at Bair Island in the Don Edwards San Francisco Bay National Wildlife Refuge; (3) deleting Map No. 8; and (4) amending notes identifying wildlife refuges and other areas of significance to fish, other aquatic organisms and wildlife. 14. Revise Map Nos. 4 and 5 by updating Map Notes and Map Policies pertaining to existing and former Bayfront military installations designated for waterfront park priority use; adding vista points; and correcting geographic place names. 15. Revise Maps No. 1, 2, 6 and 7 by: (1) updating Map Notes, Policies and Suggestions pertaining to salt ponds; (2) updating the wildlife priority use area designations on Plan Map 2 to include former salt ponds added to Fagan Marsh Ecological Reserve; (3) deleting a portion of the Menlo Park park priority use area designation on Plan Maps 6 and 7 and designating that portion as a wildlife priority use area and as a salt pond, managed wetland; (4) deleting two portions of the Coyote Hills park priority use area designation on Plan Map 7 and designating those portions as wildlife priority use areas and salt ponds, managed wetlands; and (5) correcting one designation on Plan Map 6 and three designations on Plan Map 7 to salt pond, managed wetland. 16. Revise Map No. 4 by moving Commission Suggestion B from an area north of the Richmond-San Rafael Bridge to an area south of the Richmond-San Rafael Bridge and revise Maps No. 1, 2, 4, 5, 6 and 7 updating Map Notes, Policies and Suggestions pertaining to transportation. 17. Revise Maps Nos. 4 and 5 by deleting the port priority use area designation from a six-acre parcel in Oakland east of Interstate 880 bounded on the north by West Grand Avenue, on the east by Wood Street, on the south by 17th Avenue extended to the Interstate 880 Frontage Road, and on the west by the Interstate 880 Frontage Road. Note: Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; and San Francisco Bay Plan, Parts I and IV. s 11945. Seaport Plan Amendments. (a) Resolutions. 1. On April 18, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution No. 96-06, adopting Bay Plan Amendment No. 2-95, modifying the San Francisco Bay Planand San Francisco Bay Area Seaport Planpolicies for marine terminal development and boundaries for port priority use areas. 2. On September 18, 1997, the San Francisco Bay Conservation and Development Commission approved Resolution No. 97-09, adopting Bay Plan Amendment No. 1-97, modifying the San Francisco Bay Area Seaport Planto remove the port priority use designation from a 220-acre parcel along the Oakland Inner Harbor at the former Alameda Naval Air Station. 3. On March 2, 2000, the San Francisco Bay Conservation and Development Commission approved Resolutions No. 00-01 and No. 00-02, adopting Bay Plan Amendments 1-99 and 3-99, respectively, modifying the San Francisco Bay Planand the San Francisco Bay Area Seaport Planto remove the port priority use designation from Encinal Terminals in the City of Alameda. 4. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland. 5. On February 20, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-01, adopting Bay Plan Amendment Nos. 2-02 through 5-02 and 7-02, revising San Francisco Bay Area Seaport Plan findings and policies and designations at the Benicia, Oakland, Redwood City, Richmond, San Francisco and Collinsville port priority use areas. (b) Policy Changes. 1. Modify cargo throughput capability analysis to reflect higher potential cargo throughput at existing and future marine terminals. 2. Eliminate the distinction between "long-term" and "near-term" marine terminals and instead use a single designation of "future" marine terminal sites. 3. Prohibit further deletion of sites from port priority use and marine terminal designations until a cargo monitoring process is implemented. 4. Modify requirements for updating the Seaport Plan. 5. Allow interim uses on areas designated for port or marine terminal use to exceed five years. Non-port priority interim uses can be allowed provided they do not impede the eventual use of the area for port uses or marine terminal development. Factors such as the amortization period necessary for investments in interim uses and the expected need for marine terminal development of the port area should be considered in the review of interim uses. 6. Modify container cargo throughput capacity at the Port of Oakland to reflect higher cargo throughput per marine terminal and berth because of operational efficiencies gained by the reconfiguration of the Port's marine terminals and Joint Intermodal terminal. 7. Allow bulk cargo handling in container terminals until needed exclusively for handling container cargo, provided the non-container cargo use would not impair the current or future use of the terminal for container shipping. 8. Allow passenger ferry terminals and ancillary uses in port priority use areas, but not in marine terminals, provided that the development and operations of the ferry facilities do not interfere with ongoing or future port-related uses, and navigational and passenger safety can be assured. (c) Port Priority Use Designation Changes. 1. Port of Benicia: Remove long-term marine terminal designation. 2. Port of Oakland: Remove port priority use designation from a triangular parcel northeast of Interstate 880; remove near-term terminal and port priority use designation from the Ship Repair area; and change the "long-term" marine terminal designation at Bay Bridge site to "two-berth future marine terminal" designation. 3. Port of Redwood City: Remove port priority use designation from 106-acre area east of Seaport Boulevard. 4. Port of Richmond: Remove port priority use designation from the ancillary use zone. 5. Port of San Francisco: Remove all near-term marine terminal designations except for one at Pier 94 North, and change that remaining designation to a "future" marine terminal. Remove portions of port priority use area from existing terminals at Piers 48 and 50; remove port priority use area from Piers 52-64; remove portions of the port priority use area from Pier 70; remove port priority use area inland of and between Piers 70-80; remove portions of port priority use area from Pier 80 and Piers 94-96; and remove port priority use designation from Pier 98. 6. Mare Island Naval Shipyard: Remove port priority use designation from entire base. Retain the Mare Island dredged material disposal ponds, which are located in historic baylands, in water-related industry priority use for dredged material disposal and rehandling. The three northernmost ponds could be used to provide wetland habitat for the salt marsh harvest mouse in order to mitigate any potential adverse impacts resulting from the future use of the other seven ponds for dredged material disposal and rehandling. 7. FISCO Alameda Annex: Remove port priority use designation. 8. Fleet and Industrial Supply Center Oakland (FISCO): Retain port priority use designation and add 5-berth future marine terminal designation. 9. Hunters Point Naval Shipyard:Remove all but 55-acre port priority use designation on the southeast portion of the Shipyard. 10. Selby Site:Remove the port priority use designation from the Unocal property. Retain a 60-acre port priority use area and 5-berth marine terminal designation on the Wickland Oil property. 11. Vallejo Site: Remove the port priority use and near-term marine terminal designations from the waterfront. 12. Martinez (Pacheco Creek Sites): Remove port priority use designation from all areas. 13. Alameda Gateway Site (Former Todd Shipyard):Remove port priority use designation. 14. Port of Oakland:Remove port priority use area designation from 174.4 acres of land in the northern part of the former Oakland Army Base. Add port priority use area designation to an approximately 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street. Add port priority use area designation to an 11-acre parcel within the Interstate 880 right-of-way under the elevated portion of Interstate Highway 880 adjacent to the 10-acre parcel. Add port priority use area designation to a 30-acre parcel west of Interstate Highway 880 at Seventh Street. Revise the north and east boundaries of the Northern Area of the Oakland Priority Use Area consistent with the changes to the port priority use area designation. 15. Port of Benicia:Remove port priority use designation from 48 acres of Port property, from 30 acres owned by the City of Benicia, and from approximately 80 acres of privately owned property. 16. Port of Oakland:Remove port priority use and two-berth marine terminal designations from Ninth Avenue Terminal. 17. Port of Richmond:Remove port priority use and one-berth marine terminal designations from Terminal 4. 18. Port of San Francisco:Remove port priority use designation from all but approximately 16 acres and remove two-berth marine terminal designation in its entirely from Pier 70. 19. Redwood City:Remove port priority use and one-berth marine terminal designations from former Cargill salt terminal. 20. Collinsville:Remove port priority use designation. Note: Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; San Francisco Bay Plan Part IV; and San Francisco Bay Area Seaport Plan Part I, II, and III. s 11960. 1996 San Francisco Waterfront Special Area Plan Amendment. (a) On March 21, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution 96-02, adopting Bay Plan Amendment No. 3-95, modifying the San Francisco Waterfront Special Area Plan to permit certain uses on new or replacement fill at Pier 52 in San Francisco, by making the following changes to the Special Area Plan: (1) Add "commercial recreation" to the uses allowed at Pier 52 on new or replacement fill in the Geographic-Specific Policies and Recommendations section and add a plan note to Special Area Plan Maps 4 and 5 adding "commercial recreation" to the list of uses now authorized at Pier 52 on new or replacement fill. (2) Make minor corrective changes to Special Area Plan Maps 4 and 5 by adding the pier numbers to Piers 52 and 54 and changing the name of the street in front of Pier 52 from "China Basin Street" to "Terry A. Francois Boulevard." (b) On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, modifying the San Francisco Waterfront Special Area Plan as follows: (1) Delete the "Introduction" to the Special Area Plan and provide a new, more current introduction. (2) Re-define the boundaries of the Geographic Vicinities that define the locations where fill removal can offset fill placement for projects approved pursuant to the Replacement Fill policies in Part IV of the San Francisco Bay Plan . (3) Delete the recommendations in all sections of the Special Area Plan. (4) Add a policy to the Fisherman's Wharf Geographic Specific Policies calling for a community planning process to reevaluate the Special Area Plan policies governing the area between the Hyde Street Pier and East Wharf Park in San Francisco. (5) Delete the partial quotations from the McAteer-Petris Act and San Francisco Bay Plan in the Special Area Plan. (6) Modify Special Area Plan Maps 1 through 9 to reflect the above changes, and to incorporate past Special Area Plan amendments adopted by the Commission, but not reflected in the maps. (7) Add "Appendix I" to the plan providing a brief history of the development of the Special Area Plan and amendments to it. (8) Make necessary changes to the existing Special Area Plan General Policies to indicate when these do not apply within the area between Pier 35 and China Basin in San Francisco. (9) Replace the Geographic Specific policies that apply to the Northeastern Waterfront (the area between Pier 35 and China Basin) with new Geographic Specific policies that apply to the Northeastern Waterfront as follows: a. Permit uses consistent with the Public Trust Doctrine and the Port of San Francisco's legislative trust grant on repaired or wholly reconstructed piers not identified for removal in the area between Pier 35 and China Basin in San Francisco. b. Require the provision of substantial public benefits, including the removal of Piers 24, 34 and 36, the Pier 15-17 "valley" and non-historic shed additions, and the partial removal of Piers 1/2, 2, and the shed at Pier 23; and the planning, design and construction of two major plazas: the Northeast Wharf Plaza and the Brannan Street Wharf Plaza. c. Specify four Open Water Basins and other Open Water Areas, and permit a limited range of uses and types of fill within Open Water Basins and Open Water Areas. d. Better define maximum feasible public access for major pier redevelopment projects and for small projects in the area between Pier 35 and China Basin in San Francisco. e. Add policy sections addressing historic preservation, waterfront design, views and transportation and parking for the area between Pier 35 and China Basin in San Francisco. f. Add Implementation Requirements to the Special Area Plan for the public benefits described in (2) above. (10) Rescind the San Francisco Waterfront Total Design Plan Piers 7 through 24 . Note: Authority cited: Sections 66632(f), 66651 and 66652, Government Code. Reference: Sections 66601, 66602 and 66605, Government Code. s 11961. Approval of White Slough Specific Area Plan. On December 15, 1999, the San Francisco Bay Conservation and Development Commission approved the White Slough Specific Area Plan, pursuant to the White Slough Protection and Development Act. The Plan provides for the following in the White Slough area of Vallejo and western Solano County: (a) permanent protection and enhancement of at least 336 acres of tidal wetlands within White Slough and 132 acres of tidally influenced areas in South White Slough; (b) the minimum amount of fill, not to exceed 13 acres, necessary to widen State Highway Route 37 to a four-lane highway and to construct interchanges between State Highway Route 37 and State Highway Route 29 and Sacramento Street; (c) flood protection for upland areas; (d) suitable water quality; and (e) wetland enhancement for all tidally influenced areas of South White Slough, including a program for the acquisition, enhancement and permanent preservation of those areas. Note: Authority cited: Sections 66632(f), 66651 and 66652, Government Code. Reference: Sections 66670-66682, Government Code. s 11990. Certification of Amendment to Solano County Local Protection Program. On June 17, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-02, certifying amendments to Solano County's Local Protection Program component to: (a) allow wetland restoration and enhancement of diked former tidal marsh within the Collinsville water-related industry reserve area; (b) assure that any restoration or enhancement project be planned and carried out in a manner that would not preclude development of a marine terminal on the deep water frontage needed for water-related industry or port development; and (c) not preclude development of a transportation connection between the shoreline and the upland area for water-related uses. Note: Authority cited: Sections 29200 and 29201, Public Resources Code. Reference: Sections 29415, 29418 and 29410-39424, Public Resources Code.