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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 publichearing and votes on the permit, or (2) the Commission shall deny a permit for the project. (continued)