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(continued)
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. (continued)