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s 10715. Receipt of Commission Documents Pursuant To a Calendar Year Subscription.
Note: Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code.
s 10716. Receipt of Specific Commission Documents After Payment of Specific Cost.
Note: Authority cited: Section 66632(f), Government Code; section 29201(e), Public Resources Code. Reference: Sections 6257, 11125, 11125.1, 66632, 66637-66641.9 and 66652, Government Code; and Sections 29202, 29418, 29520 and 29601, Public Resources Code.
s 10720. Commission Procedure for Implementation of Individual In-Bay Dredged Material Allocations.
(a) The Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to implement an individual in-Bay dredged material allocation-program either (1) within 45 days of the Executive Director's determination at the triennial reviews starting in 2004 that the average annual volume of dredged material disposed of over the preceding three-year period at the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay Channel in-Bay disposal sites designated by the Commission exceeds the target volume specified in Section 10721 or (2) within 45 days of receipt of a written request to make such a determination from the Long Term Management Strategy Management Committee.
(b) The Commission shall also hold a public hearing prior to voting on whether or not to implement an individual in-Bay dredged material allocation and shall otherwise follow the formal rulemaking process pursuant to the Administrative Procedures Act when it determines whether or not to implement such a program.
(c) If an analysis of the factors affecting the need for allocations, including (1) the status of alternatives to in-Bay disposal and cooperative efforts to implement them, (2) exigencies that hamper the use of alternative sites, and (3) other relevant factors and any needed environmental documentation has not been submitted by the LTMS Management Committee as part of the written request or if in-Bay disposal volumes exceed the target volumes, then such an analysis will be prepared by the Commission staff prior to the public hearing on the matter.
(d) The Commission shall vote on whether or not to implement such a program within 60 days of the close of the public hearing. The Commission shall implement a program of individual in-Bay dredged material disposal allocations unless a majority of those Commissioners present and voting vote not to implement the program.
(e) The program will commence no later than six months after the Commission vote if the Commission vote results in a determination to implement an allocation program, provided that the Commission must also complete the formal rulemaking process and any allocation adopted by the Commission must be approved by majority vote as a regulation pursuant to the Administrative Procedures Act before the allocation can go into effect.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1.
s 10721. Target Volumes.
(a) The target volume for the calendar years of 2001-2003 is an average of 3.05 million cubic yards per year.
(b) The target volume for the calendar years of 2004-2006 is an average of 2.66 million cubic yards per year.
(c) The target volume for the calendar years of 2007-2009 is an average of 2.28 million cubic yards per year.
(d) The target volume for the calendar years of 2010-2012 is an average of 1.89 million cubic yards per year.
(e) The target volume for the calendar years thereafter is an average of 1.50 million cubic yards per calendar year for each three-year period thereafter.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1.
s 10726. Small Dredger Exception.
Small dredgers are exempt from the individual in-Bay dredged material disposal allocation process, but they must still fully comply with all other McAteer-Petris and San Francisco Bay Plan policies regarding dredging and the disposal of dredged material.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding t and Policy 1.
s 10727. Small Dredgers.
Small dredgers are defined to be project sponsors of dredging projects with a depth no deeper than -12 feet Mean Lower Low Water (not including over-depth dredging) and generating an average yearly volume of less than 50,000 cubic yards of material.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding t and Policy 1.
s 10728. Termination of Individual Dredged Material Disposal Allocations.
(a) Within 45 days of either (1) a written determination by the Executive Director that the average annual volume of dredged material disposed of over the preceding triennial review period at all in-Bay disposal sites designated by the Commission no longer exceeds the target volumes specified in Section 10721 or (2) the Long Term Management Strategy Management Committee recommends ending allocations, the Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to end the imposition of individual dredged material disposal allocation. As part of that process, the Commission shall hold a public hearing.
(b) Within 60 days of the close of the public hearing, the Commission shall vote on whether or not to end the imposition of individual dredged material disposal allocations.
(c) The Commission shall end the imposition of individual dredged material disposal allocations unless the Commission determines by a majority of those Commission members present and voting not to end the imposition of individual dredged material disposal allocations.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1.
s 10729. Reimplementation of Individual Allocations for the In-Bay Disposal of Dredged Material.
After terminating the imposition of individual dredged material disposal allocations, the Commission can reimpose individual dredged material disposal allocations only if the conditions specified in Section 10720 and 10721 exist and the Commission determines to impose the allocations pursuant to Section 10720, including the commencement and completion of a formal rulemaking process pursuant to the Administrative Procedures Act.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632(f) and 66652, Government Code; Section 29008, Public Resources Code; and San Francisco Bay Plan , Findings and Policies on Dredging, especially Finding s and Policy 1.
s 10800. Determination of Materiality or Nonmateriality of a Proposed Permit Amendment.
(a) The Executive Director shall decide whether a proposed amendment to a Commission permit is a material or a nonmaterial amendment.
(b) A nonmaterial amendment is an amendment that will not materially alter the project authorized by the Commission permit, such as but not limited to an amendment that qualifies under Section 10601 as a minor repair or improvement and that will not result in any reduction of public benefits.
(c) All other amendments are material.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29520, Public Resources Code.
s 10810. Applications for and Action on Nonmaterial Amendments to an Administrative Permit.
(a) An application for a nonmaterial amendment to an administrative permit shall be made by letter. The application shall contain an adequate description of the proposed amendment and shall include appropriate maps and drawings.
(b) The Executive Director shall approve a nonmaterial amendment to an administrative permit only if he or she finds that the proposed amendment is nonmaterial and is consistent with either (1) California Government Code Sections 66600 through 66661, the San Francisco Bay Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's Regulations if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, (2) California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, California Public Resources Code Sections 21000 through 21177, and the Commission's regulations if the Commission has jurisdiction under California Public Resources Code Section 29101, 29500, and 29501 and the Commission has not certified a Suisun Marsh Local Protection Program or, (3) either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan, or the certified Suisun Marsh Local Protection Program, in addition to California Public Resources Code Sections 21000 through 21177 and the Commission's regulations if the Commission has jurisdiction under Public Resources Code Section 29101, 298500, and 29501 and if the Commission has certified a Suisun Marsh Local Protection Program.
(c) When the Executive Director approves a nonmaterial amendment to an existing administrative permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10811. Applications for Material Amendments to an Administrative Permit.
(a) If the project described in an application for a material amendment to an administrative permit would constitute a minor repair or improvement, the application shall be made in the same form as an application for an administrative permit as required by Section 10610.
(b) If the project described in an application for a material amendment to an administrative permit would not constitute a minor repair or improvement, the application shall be made in the same form as an application for a major permit as required by Section 10310.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10812. Criteria and Procedures for Processing a Material Amendment to an Administrative Permit.
The Executive Director shall process a properly filed application for an amendment to an administrative permit based on the same criteria and subject to the same procedures as these regulations require for the processing of an administrative permit if the project as proposed in the amendment qualifies for treatment as an administrative permit. However, if the project as proposed in the amendment does not qualify for treatment as an administrative permit, the Executive Director and the Commission shall process the application as being for a major permit.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10820. Applications for Nonmaterial Amendments to Major Permits.
(a) An application for a nonmaterial amendment to a major permit shall be made by letter. The letter shall contain an adequate description of the proposed amendment and shall include appropriate maps and drawings.
(b) When the Executive Director approves a nonmaterial amendment to an existing major permit, he or she shall not impose any new permit condition or modify any existing permit condition except when the new or modified condition either (1) relates solely to the non-material amendment, (2) is required by changes in the law or in regulations, or (3) is needed to make existing conditions consistent with the proposed amendment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10821. Procedure Depending on Whether an Amendment Is Material or Nonmaterial.
(a) The Executive Director shall deny an application for a nonmaterial amendment to a major permit if he or she believes the proposed amendment would constitute a material alteration of the project and shall notify the applicant in writing of his or her reasons for that belief.
(b) If the Executive Director denies an application for a nonmaterial amendment to a major permit because he or she believes it would result in a material alteration of the project, the applicant may appeal that determination by filing an application for a material amendment and note the fact of and the reason for the appeal.
(c) If the applicant appeals the determination of the Executive Director to the full Commission by filing an application for a material amendment, the Commission shall, prior to holding a public hearing on the application, determine by a majority vote of those present and voting whether or not the proposed change will result in a material alteration of the project.
(d) If the Commission determines that a proposed amendment will not result in a material alteration of the project, the Executive Director shall process the request as being for a nonmaterial amendment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10822. Criteria and Procedures for Processing Nonmaterial Amendments to Major Permits.
The Executive Director shall approve a nonmaterial amendment to a major permit only if he or she finds that the amendment is consistent with California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the Commission has jurisdiction under California Government Code Sections 66610 and 66632, with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan or the certified Suisun Marsh local protection program if the Commission has jurisdiction under California Public Resources Code Sections 29101, 29114, 29500, 29501, and 29505, with California Public Resources Code Sections 21000 through 21177, and with these regulations and will not result in a material alteration of the project.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10823. Notice of Decision to Deny Nonmaterial Amendment.
If the Executive Director denies an application for nonmaterial amendment, he or she shall mail written notice of the denial and the reasons for it to the applicant within ten (10) days of the decision.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
s 10824. Applications for and Processing of Material Amendments to Major Permits.
An application for and the processing of a material amendment to a major permit shall be subject to the same requirements and procedures as an application for a major permit.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Government Code.
s 10900. Filing Deadline.
Any owner of property that is located within the shoreline band, a salt pond, or a managed wetland and that was devoted to a certain use or combination of uses on November 10, 1969 and who wants to file an application to expand those uses pursuant to Government Code Section 66654 shall file the application on or before November 10, 1971.
Note: Authority cited: Section 66632(f), Government Code. Reference: Section 66654, Government Code.
s 10910. Claim Form.
All claims of exemption made pursuant to Government Code Section 66656 or pursuant to Public Resources Code Section 29507 shall be made on a claim form included in these regulations as Appendix J and Appendix K, respectively.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10911. Filing Deadline.
(a) Claims of exemption pursuant to Government Code Section 66656 shall be filed on or before April 1, 1974.
(b) Claims of exemption pursuant to Public Resources Code Section 29507 shall be filed on or before January 1, 1979.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10912. Number of Copies of Form -Distribution.
Any person who submits a claim of exemption shall furnish at or before filing a signed original with all exhibits and four copies of the original and exhibits. The Executive Director shall distribute one copy to each of the following agencies:
(a) U.S. Army Corps of Engineers (San Francisco or Sacramento District);
(b) State Lands Commission;
(c) Deputy Attorney General assigned to the Commission; and
(d) the city, county, or city and county within which the property for which the claim is sought lies.
Note: Authority cited: Section 66632(f),Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10913. Exhibits Illustrating Claim.
(a) The claimant shall furnish to the Commission at or before the time of filing drawings, maps, photographs, or other exhibits that the staff shall distribute with a staff summary that the staff shall prepare and which shall:
(1) illustrate precisely what is claimed as exempt; and
(2) indicate the relationship of the project claimed as exempt to nearby roads, to the shoreline as it presently exists and as it existed on September 17, 1965 if the claim is under Government Code Section 66656, to the boundaries of the Suisun Marsh if the claim is made under Public Resources Code Section 29507, to existing topographical features, and to any other significant natural or man-made features in the vicinity of the project.
(b) A claimant may either:
(1) provide a master copy of each exhibit, 8-1/2 by 11 inches in size, for reproduction by the Commission; or
(2) Two hundred (200) copies of each exhibit of a larger size if the claimant believes that the larger size would be more suitable to describe his or her claim.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10914. Other Substantiating Evidence.
At or before the time of filing, the claimant shall also furnish to the Commission the following:
(a) a legal description and a map showing property lines of all the property involved in the claim;
(b) a document evidencing the claimant's legal interest in the property involved in the claim;
(c) a copy of each permit, approval, disapproval, letter of permission, or other action taken by each governmental agency having jurisdiction over the project claimed to be exempt and from which approval of the project was or is required, and if a governmental agency having jurisdiction over the project took no action, a letter from that agency stating why it took no action;
(d) a map showing the physical relationship of the property and any area filled or to be filled to nearby confirmed survey lines, points, elevations, or other references, such as bench marks, triangulation points, U.S. pierhead and bulkhead lines, etc.;
(e) the earliest dated drawing depicting the project; and
(f) if the claim is being made under Government Code Section 66656, photographic or written evidence that shows that filling and/or diking had begun prior to September 17, 1965 and that indicates the amount of any fill that had been placed and the extent of any dikes that had been constructed, or if the claim is being made under Public Resources Code Section 29507, photographic or written evidence that substantial work had occurred and that substantial liabilities have been incurred in reliance on local permits prior to January 1, 1978.
Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10915. When a Claim of Exemption Is Filed.
A claim shall be filed when the following has occurred:
(a) the Executive Director has determined that the completed claim form, supporting documentation, and exhibits comply with these regulations; and
(b) the claim form, supporting documentation, and exhibits have been stamped "Filed BCDC" with the date of filing.
Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10916. Procedures.
(a) The provisions of Sections 10351-353, 10380-381, 10400-402, 10410-412, 10420-422, 10430-431, 10500-502, 10504-505, and 10510-514, relating to notice of hearing, hearing procedures, voting, and other similar matters, shall apply to claims of exemption except where those provisions are inconsistent with express provisions of this Article.
(b) For the purposes of this Article, the words "claim" and "claimant" shall be substituted for the words "application" and "applicant," respectively, as they are used in the regulations to which paragraph (a) refers.
Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10917. Commission Determination and Findings.
(a) After hearing the staff recommendation and any subsequent discussion, the Chair shall entertain a motion to act on the claim.
(b) In any determination the Commission makes concerning a claim of exemption, it shall adopt a statement of findings and declarations to support the action it takes.
(c) If the Commission action adopts the Executive Director's recommendation, its findings and declarations shall be those contained in the Executive Director's recommendation. If the Commission action differs from the Executive Director's recommendation, those Commissioners who voted consistent with the Commission determination shall by majority vote adopt the necessary findings and declarations.
Note: Authority cited: Sections 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code; Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 858-60; and Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 513-17.
s 10918. Effect of Grant of Exemption.
A Commission determination that approves all or part of a claim of exemption shall constitute an acknowledgment that all or part of the project is exempt from the permit requirements of Government Code Section 66632 or of Public Resources Code Sections 29500 through 29524, as applicable, provided that no substantial change may be made in any such project without a permit from the Commission and provided that the claim shall not cover any subsequent maintenance work on the project.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10919. Effect of Denial of Exemption.
A Commission determination that denies all or part of a claim of exemption shall constitute an authorization to the Executive Director to take any appropriate action to secure compliance with Government Code Section 66632 or with Public Resources Code Sections 29500 through 29504, as applicable.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; and Section 29507, Public Resources Code.
s 10920. Effect of Transfer of Property on Claim of Exemption.
An exemption that the Commission grants shall be transferable and shall remain in full effect after any conveyance of the property that is the subject of the exemption.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507(c), Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; and People ex rel. San Francisco Bay Conservation and Development Commission v. Town of Emeryville (1968) 69 Cal.2d 533, 548.
s 10921. Abandonment of an Exemption.
Failure to put any land, water, or structure to the use for which the Commission issued a claim of exemption for a period of two (2) years shall create a presumption that the structure or the use of the land, water, or structure has been abandoned, so that the exemption no longer applies to the abandoned structure or use, provided that the Commission may determine an exemption has not been abandoned despite the non-use of any land, water, or structure for a period of two (2) years if it resolves that it was physically or legally impossible to make such use of the land, water, or structure within the two (2) year period or that the holder of the exemption had made reasonable and good-faith efforts to put the land, water, or structure to such exempted use during the period of non-use.
Note: Authority cited: Section 66632(f), Government Code; and Section 29507, Public Resources Code. Reference: Sections 66632.1, 66655 and 66656, Government Code; Section 29507, Public Resources Code; Avco Community Developers, Inc. v. South Coast Regional Commission (1976) 17 Cal.3d 785, 798; Hill v. City of Manhattan Beach (1971) 6 Cal.3d 279, 286; and Gerhard v. Stephens (1968) 68 Cal.2d 864.
s 11000. Information Required to Consider Plan Amendment.
If anyone other than the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, to the Suisun Marsh Protection Plan of 1977, or to any other plan administered by the Commission, the Commission shall consider the proposal only after the agency, organization, or individual who proposes the amendment or change has submitted a completed and executed copy of the application form that these regulations contain as Appendix G and, in addition, has met the requirements of section 11008.
Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11001. Preparation, Contents and Circulation of Draft Adequate Descriptive Notice.
(a) If the Commission or the Executive Director proposes an amendment or other change either to the San Francisco Bay Plan, to a Commission Special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan or if anyone else proposes such an amendment by submitting a fully completed application form as required by section 11000, the Executive Director shall prepare a draft descriptive notice.
(b) The draft descriptive notice shall indicate the scope of the proposed amendment and shall recommend a date for public hearing.
(c) At least 10 days prior to the meeting at which the Commission will determine whether or not to proceed with a proposed amendment or other change to the San Francisco Bay Plan, to a Commission special area plan or total design plan, to the San Francisco Bay Area Seaport Plan, or to the Suisun Marsh Protection Plan, or any other plan administered by the Commission, the Executive Director shall mail to all Commission members a copy of the draft descriptive notice and any other materials that the Executive Director believes that the Commission will need to understand fully the proposed amendment.
Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11002. Commission Determination to Initiate Amendment Process; Adoption and Mailing of Descriptive Notice.
(a) When the Commission receives the draft descriptive notice, it may invite written comment or hold a public hearing and shall thereafter determine by a majority vote of those present and voting whether it wants to initiate the amendment process.
(b) If the Commission determines to initiate the amendment process, the Commission shall make any changes in the notice that it deems appropriate and shall also see the date for the public hearing on the proposed amendment.
(c) The descriptive notice as adopted by the Commission after having made any appropriate changes shall be the "adequate descriptive notice" that Government Code Section 66652 requires.
(d) At least 30 days prior to the date of the public hearing on the proposed amendment, the Executive Director shall mail by first class mail a copy of any descriptive notice that the Commission has approved to all Commissioners and Alternates, to each of the six (6) governmental agencies listed in Section 10360, to all interested agencies, organizations, and individuals, and to any other person, agency, or organization who requests such notice in writing.
Note: Authority cited: Sections 66632(f) and 66651, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11003. Staff Planning Report.
(a) Not less than thirty (30) days prior to the initial public hearing on the proposed amendment, the Executive Director shall distribute a staff planning report on the proposed amendment to all persons, agencies, and organizations who received a descriptive notice of the proposed amendment and to anyone else who requests such in writing.
(b) The staff planning report shall contain:
(1) the background of the proposed amendment, the name of the agency, organization, or individual who proposed the amendment, and the reason for the proposal;
(2) a description of the proposed amendment that shall include the specific language, map designation, or other change proposed, and, for any change in any plan map, graphic exhibits that indicate the precise location and nature of the proposed change;
(3) a statement describing the effect the proposed change would have on any existing finding, policy, or map designation contained in the San Francisco Bay Plan, a Commission special area plan or total design plan, the San Francisco Bay Area Seaport Plan, the Suisun Marsh Protection Plan, or any other plan administered by the Commission;
(4) a statement describing the consistency of the proposed change with the findings and declarations of policy in the McAteer-Petris Act (California Government Code Sections 66600 through 66661) if an amendment to the San Francisco Bay Plan is proposed;
(5) a statement describing the consistency of the proposed change with the findings and declarations of policy contained in the Suisun Marsh Preservation Act of 1977 (California Public Resources Code Sections 29000 through 29612) if an amendment to the Suisun Marsh Protection Plan is proposed;
(6) an environmental assessment, which shall either (i) state that the proposed amendment will have no significant adverse environmental impacts or (ii) shall describe any possible significant adverse effects that the proposed amendment would have on the environment and shall describe any public benefits of the proposed amendment any feasible mitigation measures that lessen the significant adverse environmental impact(s) and shall evaluate any feasible alternatives to the change;
(7) a summary of written comments received following distribution of the descriptive notice but at least 10 days prior to the mailing of the staff planning report and responses to those comments;
(8) if the proposed amendment involves a change in a water-oriented priority land use boundary description a draft revision of such boundary description; and
(9) a preliminary staff recommendation on the proposed amendment .
Note: Authority cited: Sections 66632(f), 66651 and 66652, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11004. Public Hearing(s).
(a) The Commission shall hold the initial public hearing not less than thirty (30) days following the mailing of the descriptive notice that the Commission adopted.
(b) The Executive Director may delay the date or time and change the place of the public hearing on a proposed plan amendment without the Commission having to amend the descriptive notice by giving notice of the delay or change in the regular meeting notice for the meeting at which the public hearing was scheduled before the change. The staff shall mail such notice of delay or change to all persons and entities to which the staff mailed a descriptive notice.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11005. Staff Planning Recommendation.
(a) Following the final public hearing on the proposed amendment, the staff shall prepare a staff planning recommendation on the proposed amendment.
(b) The staff planning recommendation shall contain:
(1) a summary of comments and responses to all comments on the proposed amendment received either in writing prior to the close of the public comment period or at the public hearing which the staff planning report did not already summarize and respond to;
(2) any revisions to the Executive Director's initial assessment and analysis of the environmental effects of the proposed amendment;
(3) a final recommendation for Commission action on the proposed amendment, which may include approval, modifications, or disapproval of the proposed amendment;
(4) if the proposed amendment involves a change in a water-oriented priority land use boundary description, a recommendation for the precise wording of such change; and
(5) if the Executive Director recommends approval of the amendment in original or modified form, a draft resolution of adoption that conforms to the provisions of Section 11004.
(c) The staff shall mail by first class a copy of the staff planning recommendation to all agencies, organizations, and individuals who received a staff planning report and to anyone else who requests in writing to receive a copy of the recommendation. Such mailing shall take place not less than six (6) days prior to the date of the scheduled Commission action on the proposed amendment.
(d) If the staff recommends an amendment that is substantially different from the amendment proposed in the staff planning report, the Executive Director shall prepare and distribute a new staff planning report in conformity to Section 11002 and the Commission shall hold another public hearing no earlier than thirty (30) days after the distribution of the new staff planning report. The Commission shall wait to consider or vote on the Executive Director's recommendation at least fourteen (14) days following the holding of the additional public hearing.
(e) If the Commission does not determine that staff is recommending an amendment that is substantially different from the amendment proposed in the staff planning report, the amendment being recommended shall be conclusively presumed not to be substantially different.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11006. Contents of a Resolution of Approval.
A resolution of approval of a proposed amendment to the San Francisco Bay Plan, a special area plan, or the Suisun Marsh Protection Plan either in original or modified form shall contain the following elements:
(a) if the resolution concerns a proposed amendment to the Bay Plan or a special area plan, a statement that the amendment conforms to all relevant policies of California Government Code Sections 66600 through 66661;
(b) if the resolution concerns a proposed amendment to the Suisun Marsh Protection Plan, a statement that the amendment conforms to all relevant policies of California Public Resources Code Sections 29000 through 29612;
(c) a statement that the amendment either will have no significant adverse impacts on the environment or that the amendment incorporates feasible alternatives or feasible mitigation measures, if any exist, that will substantially lessen the significant adverse impacts;
(d) the text and all necessary drawings, maps, exhibits, etc., of the amendment; and
(e) specific findings of fact that will support the legal conclusions contained in paragraphs (a) and (b) of this section.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Section 29202, Public Resources Code.
s 11007. Notice of Adopted Amendments.
(a) The Executive Director shall file a notice of the adoption of a plan amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).
(b) The Executive Director shall also make every reasonable effort to assure that all interested persons receive notice of the adopted amendment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66632 and 66652, Government Code; and Sections 21080(d)(2)(v) and 29202, Public Resources Code.
Appendix G
Application Form for Amendments to San Francisco Bay Conservation and
Development Commission Plans
Please use this form to apply for an amendment to any of the following San Francisco Bay Conservation and Development Commission plans (please check the plan subject to the application):
( ) San Francisco Bay Plan
( ) Suisun Marsh Protection Plan
( ) San Francisco Bay Area Seaport Plan
( ) San Francisco Waterfront Special Area Plan
( ) San Francisco Waterfront Total Design Plan
( ) South Richmond Shoreline Special Area Plan
( ) Benicia Waterfront Special Area Plan
( ) Richardson Bay Special Area Plan
( ) Other Plan, Specify ________________________________________
In order that the Commission may consider a proposed amendment to the San Francisco Bay Plan, Suisun Marsh Protection Plan, San Francisco Bay Area Seaport Plan, San Francisco Waterfront Special Area Plan, San Francisco Waterfront Total Design Plan, South Richmond Shoreline Special Area Plan, Benicia Waterfront Special Area Plan, or Richardson Bay Special Area Plan, or other plan administered by the Commission, this application must be completed, executed, and submitted to the Commission. Completion of this form will help assure that the Commission is provided the necessary information to fully consider and act on a plan amendment or change request.
Applicant Information ( ) Individual ( ) Agency ( ) Organization
The Applicant is an (please check:)
Applicant:_____________________________________________________
Name:__________________________________________________________
Address:_______________________________________________________
City, State, Zip:______________________________________________
Telephone: ( )_________________________________________________
Facsimile: ( )_________________________________________________
Co-Applicant: (if any)_________________________________________
Name:__________________________________________________________
Address:_______________________________________________________
City, State, Zip:______________________________________________
Telephone: ( )_________________________________________________
Facsimile: ( )_________________________________________________
Representative's Authorization
If the applicant will be represented by another party in the plan amendment application process, please complete the following:
I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application.
_______________________________________________ __________
Signature of Applicant Date
____________________________________________________
Printed Name and Title (if applicable) of Applicant
I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application.
I hereby authorize _______________________________________ to act as my representative and bind me in all matters concerning this application.
_______________________________________________ __________
Signature of Co-Applicant Date
____________________________________________________ _________
Printed Name and Title (if applicable) of Co-Applicant Date
If the applicant is a public agency, attach a resolution from the highest policy board of the public entity authorizing the request to be made and delegating to the person signing this application the authority to represent and bind the public agency for representations and information submitted as part of this application. For a city that submits an application, the highest policy board is the city council. For a county that submits an application, the highest policy board is the county board of supervisors.
Specific Information
On a separate sheet(s) of paper, please provide the information requested below. If an item is not applicable to the proposed amendment, mark NA.
1. Property Ownership. List the owner(s) addresses, and Assessor's parcel numbers of all property subject to the amendment request.
2. Specific Reasons for Requesting the Amendment. State the background and specific reasons for requesting the proposed amendment.
3. Text of Proposed Amendment. If the proposed change is to any text or map notes, provide the specific language change proposed to the text of the plan or plan map note.
4. Graphic Change in a Plan Map or Plan Diagram. If the proposed amendment involves a graphic change to a map, diagram, or figure, identify the map, diagram, or figure to be changed and provide a reproducible exhibit that shows precisely the proposed change.
5. Change in Use of Water-Oriented Priority Use Areas. If a change in use is proposed for any water-oriented priority use area or the Suisun Marsh water-related industry reserve area, describe how the proposed amendment is consistent with all applicable local land use plans, policies, ordinances, and regulations.
6. Change in Boundaries of Water-Oriented Priority Use Areas. If a change in the boundaries of any water-oriented priority use area or the Suisun Marsh water-related industry reserve area is proposed, provide an exact description of the proposed change in the location of the boundaries and the names and addresses of the owners of property located within 300 feet of the proposed boundary.
7. Change in a Water-Oriented Recreation Priority Use Area. If any reduction to or elimination of a privately-owned water-oriented Waterfront Park, Beach priority use area is proposed where the area was so designated because of contemplated public acquisition, provide a written statement from an authorized representative of the public agency(ies) with park and recreation use development and operation jurisdiction over the area that the agency(ies) do(es) not contemplate acquiring the site for the designated priority use within three years commencing January 1 of the year following the anticipated action by the Commission on the proposed amendment.
8. Consistency with McAteer-Petris Act. For proposed changes to the San Francisco Bay Plan, San Francisco Bay Area Seaport Plan, or a Commission special area plan or total design plan, provide a description of how the proposed amendment is consistent with the findings and declaration of policy of the McAteer-Petris Act (Government Code Sections 66600 through 66661).
9. Consistency with Suisun Marsh Protection Plan. For proposed changes to the Suisun Marsh Protection Plan, provide a statement that describes how the proposed amendment is consistent with the findings and declaration of policy contained in the Suisun Marsh Preservation Act of 1977 (Public Resources Code Sections 29000 through 29612).
10. Effect on Existing Findings, Policies, and Map Designations. Provide a statement describing the effect of the proposed plan change would have all existing findings, policies, and map designations of the plan proposed to be amended or changed.
11. Description of Applicable Local Plans, Policies, and Zoning. Identify and briefly describe the local plans, policies, and zoning applicable to any areas affected by the application with a brief history indicating what changes to local plans, policies, and zoning have occurred within three years prior to the date of the application.
Environmental Determination
Provide a statement with supporting reasons why the applicant believes: (1) that the proposed amendment is statutorily or categorically exempt from the necessity of determining whether the proposed amendment may have a significant adverse impact on the environment; (2) that the proposal will not have any significant adverse impact on the environment; or (3) that the proposed amendment may have one or more substantial adverse impacts on the environment. If the applicant states that the proposed amendment may have a significant adverse impact on the environment, fully discuss the impact(s) and its( their) effect(s) on the environment and the mitigating measures that can be taken to lessen the impact. Additional Information
Additional information, exhibits, or other material shall be provided to the Commission upon request of the Commission's Executive Director if he or she determines that such information, exhibits, or other material is reasonably necessary for the Commission to fully understand the proposed plan amendment or change and its impacts.
s 11008. Payment of Costs of Processing of an Amendment to a Commission Planning Document.
(a) Whenever a person, agency, or organization other than the Commission or the Executive Director proposes that the Commission amend any of its planning documents other than deleting a park priority use designation from private property based on an alleged lack of substantial probability that a public entity will be committed to the acquisition of the property within three years beginning on January 1 of the year following the Commission's consideration of the proposed amendment, that per son, agency, or organization shall be responsible for paying the Commission's full costs of processing and acting on the application as determined pursuant to this section, provided that the total amount of payments required shall not exceed one hundred and twenty percent (120%) of the estimated total cost as determined by the Commission staff.
(b) At the time of submitting the application required by section 11000, any person, agency, or organization required by section 11008(a) to pay for the cost of amending the Commission planning document shall submit to the Commission a cashier's check in the amount of $5,000 payable to the Commission and shall execute an agreement that obligates the person, agency, or organization to pay all such Commission costs of processing and acting on the application as determined pursuant to this section. (continued)