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s 11414. Contents of Local Government Notice.
The notice required by Section 11413 shall contain the following:
(a) The name, address, and telephone number of the local government staff person assigned to the project;
(b) sufficient information about the proposed project and the site to allow the recipient to identify the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission has not certified a local protection program or of the certified local protection program if the Commission has certified one;
(c) a request for comments on the application and the date by which the local government must receive comments;
(d) a statement of when and where any public hearing(s) will be held; and
(e) a brief description of the procedures for appealing a local governmental decision to other local governmental bodies and to the Commission, including the fact that a local government marsh development permit shall become final and unappealable unless either an aggrieved party or two (2) or more Commissioners appeal the issuance of the permit within twenty (20) working days of the receipt of the notice of the final action.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521-29524, Public Resources Code.
s 11420. Contents of Local Marsh Development Authorization.
Any marsh development authorization issued by a local government shall be in writing and shall include the following:
(a) a notice to the permittee that the authorization shall not become final until all of the following time periods have passed:
(1) the time period for appealing the action to a higher body within the local government as provided for in the local procedures, and
(2) the twenty (20) working day period after the Commission has received notice of the local government's final action;
(b) a statement that specifically indicates that the local government issued the authorization wholly or partly as a permit required by the Suisun Marsh Preservation Act; and
(c) specific findings that support the issuance of the authorization by relating the facts of the project to the applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh Preservation Act if the Commission as not yet certified the local protection program or, after the Commission has certified the local protection program, to the policies of the local protection program.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29503, 29521 and 29522, Public Resources Code.
s 11421. Finality of Local Marsh Development Authorization.
(a) No local marsh development authorization shall become effective until all time periods for appealing the action within the local government and to the Commission have expired without the filing by the Commission of an appeal or until the Commission determines that an appeal raises no substantial issue of compliance with either California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan if no certified Suisun Marsh Local Protection Program exists or with the certified Suisun Marsh Local Protection Program if one does exist.
(b) The twenty (20) working day time period for appealing to the Commission shall not commence until the receipt of the notice of final local action as required by Section 11430.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
s 11430. Notice of Final Local Action.
The local government shall notify the Commission, Attention: Executive Director, in writing of its final action taken on an application for a marsh development authorization for a development within the secondary management area. The notice shall be dated, shall be delivered by mail or hand delivered, and shall indicate whether the local government issued or denied the authorization, the date on which it acted, and whether its action may be appealed to a higher local body. If the local government granted an authorization, it shall attach a copy of the authorization and all conditions and copy of any local government staff report to the notice.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code.
s 11431. Filing of Notice.
(a) If the notice of final action complies with the provisions of Section 11430, the Executive Director shall file the notice and date stamp it.
(b) If the Executive Director determines that he or she cannot file the notice because it does not comply with Section 11430, the Executive Director shall return the notice to the local government within five (5) working days of its receipt with a letter that indicates the defects that prevent the notice from being filed.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 2952 and 29521, Public Resources Code.
s 11432. Notice to Public by Executive Director.
The Executive Director shall notify the Commission and all interested persons who have requested such notification in writing the issuance of local marsh development authorizations in a manner reasonably calculated to allow time for review of the authorization and the filing of an appeal. Commission notification shall ordinarily consist of adding information about the issuance of a local marsh development authorization to the administrative listing prepared pursuant to Section 10620.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29521, Public Resources Code.
s 11440. Appealing the Issuance of a Local Government Marsh Development Authorization.
(a) The appeal shall be submitted on a form approved by the Commission as Appendix L to these regulations or by letter containing substantially the same information that the form requires.
(b) The Executive Director shall file an appeal only if:
(1) the completed form(s) or letter(s) contain all the information required on the Commission-approved form, and
(2) the Commission has received the letter or form or, in the case of two letters or forms, the last letter or form on or before the twentieth (20th) working day after receipt of the notice of final local action.
(c) "Filing" is complete when the original letter(s) or form(s) are stamped "Filed BCDC" with the date of filing.
(d) If the Executive Director determines that an appeal does not meet the requirements for filing or involves only a non-appealable matter, he or she shall within (30) days of receiving the appeal notify the party or parties who submitted the appeal of the reasons why he or she cannot file the appeal.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29521 and 29522, Public Resources Code.
s 11441. Effect of Appeal to the Commission.
Upon filing an appeal, the Executive Director shall notify the recipient of the authorization and the affected local government that the appeal has stayed the operation and effect of the marsh development authorization pending final action on the appeal by the Commission.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
s 11442. Duties of Affected Local Government on Appeal.
Within five (5) working days of receipt of a notice of appeal from the Commission, the affected local government shall deliver to the Executive Director all documents and materials relating to the development and the local government action on the authorization application. Such materials shall include, but are not limited to, the application for the authorization, all environmental documents, staff reports, resolutions of approval, conditions attached to the approval, and, if available, the minutes of the meeting(s) at which the matter was considered. The local government may, at its discretion, provide authenticated copies in lieu of the original file materials.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29522, Public Resources Code.
s 11450. Determination to Consider Appeal.
(a) Prior to hearing an appeal, the Commission shall determine whether the appeal does not raise any substantial issue regarding the development's conformity with the provisions of California Public Resources Code Sections 29000 through 29612 and the policies of the Suisun Marsh Protection Plan and the Bay Plan if no certified local protection program exists or, if a certified local protection program exists, with the provisions of the certified local protection program.
(b) The Commission shall determine whether the appeal does not raise any substantial issue only after the staff has presented a recommendation on the substantial issue question. Such recommendation shall ordinarily be made by oral report.
(c) Unless the Commission determines by a majority vote of those present and voting that the appeal does not raise any substantial issue, the Commission shall proceed to hear the appeal. If the Commission determines that the appeal does not raise any substantial issue, it shall dismiss the appeal.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502, 29522 and 29523, Public Resources Code.
s 11451. Public Hearing Procedures.
The Commission shall determine the appeal by conducting a de novo consideration of the application in accordance with the procedures set forth in Sections 10380 through 10540.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Sections 29502 and 29524, Public Resources Code.
s 11452. Notification of Commission Action to Local Government.
The Commission shall notify the local government, the applicant, and the appealing party(ies) in writing of the action taken by the Commission. The notification should be transmitted within ten (10) working days of the final action.
Note: Authority cited: Sections 29201(e) and 29521, Public Resources Code. Reference: Section 29524, Public Resources Code.
s 11500. Statutory Exemptions.
If the Commission is acting as the lead agency:
(a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is statutorily exempt under California Public Resources Code Section 21080(b) from the necessity of preparing any environmental documentation.
(b) If the Executive Director determines that the proposed activity is statutorily exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report, or in the notice of hearing on the planning study if one is scheduled.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080(b), 21080.5 and 21166, Public Resources Code.
s 11501. Categorical Exemptions.
When the Commission is the lead agency and the Executive Director has determined that the proposed activity is not statutorily exempt under California Public Resources Code Section 21080(b):
(a) Prior to filing an application for a Commission permit or to preparing the staff planning report on a planning matter, the Executive Director shall determine if the proposed activity is categorically exempt under California Public Resources Code Section 21084 and 14 California Code of Regulations Sections 15300 through 15329 from the necessity of preparing any environmental documentation.
(b) Projects for which the Commission issues administrative permits pursuant to Section 10601(a)(1), (3, (4), (5), (6), (7) or (8), or Sections 10601(b), (c), (d)(1), (d)(2) or (f) are usually categorically exempt under subdivision (a) of this section, provided that such projects will not be considered categorically exempt when they either (1) may have an adverse impact on an environmental resource or involve a hazard of critical concern or (2) may have a cumulatively adverse impact when considered with successively similar projects.
(c) If the Executive Director determines that the proposed activity is categorically exempt, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21000, 21080.5, 2084 and 21166, Public Resources Code.
s 11510. Executive Director to Prepare Initial Environmental Assessment Information.
(a) When the Commission is the lead agency and the Executive Director determines that proposed activity is neither statutorily exempt nor categorically exempt, the Executive Director shall decide what information will be necessary to evaluate the possible environmental impacts of the proposed activity and to prepare an environmental assessment if necessary, the level of expertise required to prepare the assessment and to what extent the staff may need the assistance of a consultant either to prepare the entire assessment or to provide specific or technical reports to prepare or to help prepare part of the assessment.
(b) The proponent shall provide such information in time to allow the Commission staff to determine if the proposed activity may have a significant adverse environmental impact and, if the staff so decides, to prepare an environmental assessment before the Commission staff files the permit application, publishes the staff planning report for the plan amendment, or publishes a notice for the other planning activity.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11511. Determination of Significant Adverse Environmental Impacts and Preparation of an Environmental Assessment.
(a) When the Commission is lead agency and the Executive Director has determined that a proposed activity is not statutorily exempt and is not categorically exempt, he or she shall next determine if the proposed activity may have any individually or cumulatively substantial adverse impact on the physical environment.
(b) If the Commission is the lead agency and the Executive Director determines that a proposed activity is not statutorily exempt, is not categorically exempt, and will not have any significant adverse impact on the physical environment either individually or cumulatively, he or she shall place a written statement of that determination and the basis for it in the appropriate file and shall include the fact of that determination and the basis for it in the application summary, in the staff planning report on the amendment, or in the notice of hearing for the planning study, if one has been scheduled.
(c) If the Commission is the lead agency and the Executive Director determines that the proposed activity is not statutorily exempt, is not categorically exempt, and may have a significant adverse impact on the physical environment either individually or cumulatively, the Commission shall prepare an environmental assessment that complies with Section 11521 and shall include the assessment in the application summary, the staff planning report, or combined staff planning report and recommendation.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11512. Notification of Applicant or Proponent.
The Executive Director shall promptly notify the applicant for a Commission permit and the proponent of any planning study or plan amendment if the Executive Director determines that an environmental assessment must be prepared.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11520. Use of a Federal Environmental Impact Statement as an Environmental Assessment.
(a) When a federal environmental impact statement or its equivalent has been or will be prepared in time for the Commission to use it as an environmental assessment, the Commission may use it as an environmental assessment if it contains all the information needed in an assessment or if the Commission can supplement it so it will contain all the information needed in an assessment.
(b) If the Commission uses a federal environmental impact statement or its equivalent as its environmental assessment, it should add or supplement a discussion of mitigation, growth-inducing impact, and energy conservation if the environmental impact statement does not include an adequate discussion of these elements.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 21080.5 and 21080.7, Public Resources Code.
s 11521. Contents of an Environmental Assessment.
An assessment of the substantial adverse impacts of a proposed activity shall contain a summary of the following:
(a) A brief description of the proposed activity;
(b) all substantial, adverse environmental impacts that the proposed activity may cause;
(c) all irreversible environmental impacts that the proposed activity may cause;
(d) any feasible mitigation measures that would reduce such substantial adverse environmental impacts;
(e) any feasible alternatives, including design alternatives, to the proposed project that would reduce such substantial adverse environmental impacts; and
(f) such other information that the Executive Director believes appropriate.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11530. Notification of Applicant.
Whenever the Executive Director determines that a consultant will be needed to prepare an environmental assessment or to provide information to be used in an assessment, the Executive Director shall promptly notify the potential applicant for a permit that a consultant will be needed and that the applicant must bear the cost of the consultant.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code.
s 11531. Selection of a Consultant.
In order to select a consultant to prepare or to help prepare an environmental assessment, the Executive Director shall:
(a) select three (3) consultants known to have the necessary expertise and obtain from each consultant an estimate of the maximum fees that would be charged for the preparation of the assessment;
(b) after consulting with the applicant, and based on the estimates and previously submitted information about the consultant, choose a consultant who will establish a fixed cost to be incurred in the preparation of the assessment;
(c) notify the applicant of the consultant selected and the amount of the cost;
(d) deposit the environmental assessment fees submitted by the applicant in an account that the Commission maintains for such purposes;
(e) enter into an agreement for the preparation of the assessment or part of the assessment; and
(f) pay the consultant according to a mutually agreed on schedule of payments, usually in installments of twenty-five percent (25%) of the total fee, with twenty-five percent (25%) withheld until the Commission has taken final action on the assessment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 21080.5, Public Resources Code.
s 11532. Fees in Excess of Estimates.
The Commission will not be responsible under any circumstances for fees that exceed the previously-determined ceiling. The consultant should consider this fact when he or she estimates the fees and costs involved, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code; and Section 66632(a), Government Code.
s 11533. Relationship of Commission and Consultant.
The Commission through the Executive Director shall have final responsibility for the contents of any environmental assessment that is prepared with the assistance of a consultant. The Executive Director may modify, delete, or change any portion of any material prepared by a consultant, and every contract for consultant assistance into which the Commission enters shall include a provision to this effect.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11534. Use and Ownership of Consultant-Prepared Material.
All studies, data, reports, and other material developed by a consultant shall be made available to the Commission for inspection, review, and copying for any purpose if the Executive Director so requests, and all such studies, data, reports, and other material shall be turned over to the Commission and become the property of the State of California when the consultant fulfills his or her responsibilities and the Commission makes final payment. The Commission shall have the right to publish, use, or change the material. Every contract for consultant assistance into which the Commission enters shall include as provision to this effect.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11540. Basic Fee.
In addition to any other fees, an applicant for a permit shall pay a basic fee of three hundred dollars ($300.00) when the Commission prepares an environmental assessment to cover the costs of analyzing, processing, and mailing the assessment for a permit application.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
s 11541. Preparation Fee.
In addition to any other applicable fees, an applicant for a permit shall pay a fee of five hundred dollars ($500.00) to cover the costs to the Commission of preparing any environmental assessment for which the Commission needs no consultant assistance.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
s 11542. Consultant Fees.
In addition to all other applicable fees, the Commission shall charge to the applicant a fee equal to the ceiling fee for the consultant that the Executive Director determined after consultation with the applicant based on the consultant's estimate provided, however, that the Executive Director shall refund to the applicant after completion of the preparation of the assessment any part of the consultant fee not actually charged by the consultant.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
s 11543. Exception.
Whenever the Executive Director believes that the basic fee or the preparation fee does not reflect the actual cost to the Commission of analyzing or preparing required environmental documents, the Executive Director may reduce or increase the basic fee or the preparation fee by an amount not exceeding fifty percent (50%) of the normally-required amount.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520(b), Public Resources Code.
s 11544. When Environmental Fees Must Be Paid.
All applicable environmental fees must be paid by the applicant prior to the commencement of work on an environmental assessment by the Commission.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Section 29520, Public Resources Code.
s 11550. Grounds for Appeal.
(a) Any applicant who believes that the Executive Director has improperly determined that an environmental assessment is needed for a project or that the Commission needs the use of a consultant to help prepare an environmental assessment may appeal that determination to the Commission.
(b) Any applicant who believes that the Executive Director has improperly determined the amount of an environmental fee or that the environmental fees are unreasonable may appeal that determination to the Commission.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
s 11551. Time Limits for Appeal and Consultation.
(a) Any applicant who wishes to appeal pursuant to Section 11550 shall inform the Executive Director in writing of that fact and the reasons therefore and provide all supporting documents within five (5) days of receiving written notice of the determination being appealed.
(b) Prior to placing the appeal on the Commission's agenda, the Executive Director, the Chair, and the applicant shall attempt to resolve the disagreement.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
s 11552. Hearing an Appeal.
The Executive Director shall schedule an appeal under Section 11550 that the Chair, Executive Director, and applicant cannot resolve at the soonest regularly-scheduled Commission meeting after the Chair, the Executive Director, and the applicant fail to resolve the dispute.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
s 11553. Commission Determination.
If the Commission finds that the Executive Director acted improperly or unreasonably in making the determination being appealed, it shall order the Executive Director to do what it believes is proper or reasonable.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632(a), Government Code; and Sections 21080.5 and 29510(b), Public Resources Code.
s 11560. Review and Comment on Environmental Documents.
(a) When the Commission is not the lead agency on any activity, the Executive Director shall:
(1) review any environmental working papers or IES, environmental impact report, or environmental impact statement sent to him for consultation from the lead agency or the State Clearinghouse, determine what comments should be made on behalf of the Commission, and forward such comments to the lead agency and to the appropriate state agency for coordinating state comments;
(2) require an applicant to file prior to filing the BCDC application a single-spaced, typewritten summary of any environmental documentation already prepared by the lead agency on paper 8 1/2 x 11 inches pages in size. The summary shall indicate significant environmental issues raised during the review period or at the public hearing and the disposition of such issues, including any revision to the proposed project to mitigate its impacts or any objections, and a detailed explanation of why the applicant believes the Commission should approve the project when any objection remains unresolved or any recommendation has not been adopted. The summary shall also include the name, address, and telephone number of the governmental agency preparing or certifying the document, the date of certification, and the name, address, and telephone number of all persons who reviewed the document, and any criticism and any recommended changes they made; and
(3) include any certified environmental impact report, environmental impact statement, or certified negative declaration that is less than ten (10) pages in length, or summary thereof if the EIR, EIS, or negative declaration is longer than ten (10) pages in length, with the staff summary of the permit application.
(b) The Commission may in its discretion hold a public hearing on any environmental document submitted to it and may direct the staff to make whatever comments or to obtain whatever additional information the Commission deems appropriate.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
s 11561. Effect of Comments.
Comments by or on behalf of the Commission concerning environmental documents are intended to help the lead agency prepare adequate environmental documents. They do not indicate what action the Commission may take when the project comes before the Commission for a permit, nor do they preclude the Commission from requiring additional environmental information regarding environmental impacts of those activities that the Commission is required by law to review.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 21080.5, Public Resources Code.
Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.
s 11700. Regionwide Permit.
The San Francisco Bay Conservation and Development Commission may issue, by resolution, one or more regionwide permits and abbreviated regionwide permits to authorize throughout its McAteer-Petris Act jurisdiction a specific category or categories of activities hat the Commission determines will have no substantial impact on areas within the Commission's McAteer-Petris Act jurisdiction, including but not limited to routine repair and maintenance of existing structures located within San Francisco Bay, a managed wetland, or a certain waterway and routine repair, maintenance, and improvements to structures located within the shoreline band. Regionwide permits and abbreviated regionwide permits have the same force and effect as other permits that the Commission issues, and the Commission may enforce the terms and conditions of regionwide and abbreviated regionwide permit in the same manner as the Commission enforces the terms and conditions of other Commission permits.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11700.1. Abbreviations.
When used in this Chapter, "Notice of Intent to Proceed" may be abbreviated as "NOI."
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11710. Need to File Notice of Intent to Proceed.
Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission regionwide permit, the project sponsor shall submit to the Executive Director a written notice of intent to proceed that complies with Section 11711, shall receive approval of the notice of intent to proceed pursuant to Section 11713, and shall acknowledge the terms and conditions of the regionwide permit pursuant to Section 11715.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11711. Contents of Notice of Intent to Proceed.
The written notice of intent to proceed that Section 11710 requires shall contain the following:
(a) a detailed description of the proposed project, which may consist of either;
(1) a fully completed application form, Part I only, as set out in Appendix D to these regulations, or
(2) a letter that provides the same information as a fully completed form;
(b) proof of legal interest, and one copy each of a large scale site plan, an 8 1/2' x 11' copy of the site plan, and vicinity map, all as described in Appendix F;
(c) a check or money order in the amount specified in Appendix M to these regulations; and
(d) an executed Certificate of Posting of "Notice of Pending BCDC Application," as specified in Appendix E.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11712. Executive Director's Determination Whether a Notice of Intent to Proceed Is Complete.
(a) The Executive Director shall determine within 30 days of receipt of a Notice of Intent to Proceed whether the notice complies fully with Section 11711.
(b) If the Executive Director determines that a Notice of Intent to Proceed complies fully with Section 11711, the Executive Director shall proceed according to Sections 11713 and 11714 to determine whether the activity is authorized by the regionwide permit.
(c) If the Executive Director determines that a Notice of Intent to Proceed does not fully comply with Section 11711, the Executive Director shall within 30 days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the Notice of Intent to Proceed.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11713. Approval of a Notice of Intent to Proceed.
(a) If the Executive Director has determined that a Notice of Intent to Proceed complies fully with Section 11711, he or she shall approve or disapprove the notice within 14 days of the determination of completeness.
(b) The Executive Director shall base his or her determination on whether to approve or disapprove the Notice of Intent to Proceed only on the proposed project's consistency with any one or more Commission regionwide permit.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11714. Notification of Executive Director's Decision.
(a) If the Executive Director approves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the approval and shall include a copy of the applicable regionwide permit with the written approval.
(b) If the Executive Director disapproves a Notice of Intent to Proceed, he or she shall notify the project sponsor in writing of the disapproval and the reasons for the disapproval.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11715. Project Sponsor Acknowledgment and Execution of Regionwide Permit.
The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the regionwide permit by signing and dating a copy of the regionwide permit and returning the executed copy of the regionwide permit to the Executive Director within 14 days of receipt of the written approval of the notice and of the copy of the applicable regionwide permit.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11716. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed.
If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting 90 days.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11717. Need to File Notice of Intent to Proceed.
Prior to commencing any project for which a Commission permit is required and which the project sponsor believes is authorized by a Commission abbreviated regionwide permit, the project sponsor shall complete, sign and submit to the Executive Director a Notice of Intent to Proceed under an Abbreviated Regionwide Permit (which these regulations contain as Appendix N); shall receive approval of the NOI pursuant to Section 11719; and shall acknowledge the terms and conditions of the abbreviated regionwide permit pursuant to Section 11720.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11718. Executive Director's Determination Whether a Notice of Intent to Proceed Under an Abbreviated Permit is Complete.
(a) The Executive Director shall determine within thirty (30) days of receipt of a completed NOI for an Abbreviated Regionwide Permit whether the information provided in the notice is complete.
(b) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is complete, the Executive Director shall proceed according to Section 11720 to determine whether the activity is authorized by the abbreviated regionwide permit.
(c) If the Executive Director determines that an NOI for an Abbreviated Regionwide Permit is incomplete, the Executive Director shall within thirty (30) days of receipt of the notice notify the project sponsor in writing of his or her determination, the reasons for the determination, and what further information is needed to complete the NOI.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11719. Approval or Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit; Notification of Determination.
(a) If the Executive Director has found that an NOI for an Abbreviated Regionwide Permit is complete, he or she shall determine whether the NOI is approved or disapproved and, within seven (7) working days of the determination of completeness, notify the project sponsor in writing of the determination of approval or disapproval, as follows:
(1) If the NOI is approved, the Executive Director shall enclose a copy of the applicable abbreviated regionwide permit with the written approval; or
(2) If the NOI is disapproved, the Executive Director shall notify the project sponsor of the reasons for the disapproval.
(b) The Executive Director shall base a determination on whether to approve or disapprove the NOI only on the proposed project's consistency with any one or more Commission abbreviated regionwide permits.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11720. Project Sponsor Acknowledgement and Execution of Abbreviated Regionwide Permit.
The project sponsor shall acknowledge receipt and acceptance of the terms and conditions of the abbreviated regionwide permit as follows:
(a) the project sponsor shall sign and date a copy of the abbreviated regionwide permit;
(b) the project sponsor shall return the executed copy to the Executive Director within fourteen (14) days of receipt of the written approval of the NOI and of a copy of the abbreviated regionwide permit.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
s 11721. Application After Executive Director's Determination That a Notice of Intent to Proceed Is Not Complete or from Executive Director's Disapproval of a Notice of Intent to Proceed Under an Abbreviated Regionwide Permit.
If a project sponsor believes that the Executive Director has either improperly determined that a Notice of Intent to Proceed is not complete or improperly disapproved a Notice of Intent to Proceed, the project sponsor may apply for a Commission permit without waiting ninety (90) days.
Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66604 and 66632, Government Code.
Appendix A
Declaration to be filed and recorded as Notice and in Marin County Clerk's file:
NOTICE OF NON-JURIDICATION OF THE BCDC--LARKSOUR BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to state that "The jurisdiction of the Commission under this section shall not extend to the areas commonly known as the Larkspur Boardwalk in the County of Marin, such areas to be defined by Commission Regulation." the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission.
AREA OF LARKSPUR BOARDWALK NO. 1 TO BE EXCLUDED FROM BCDC JURISDICTION
PORTIONS OF REAL PROPERTY situated in the City of Larkspur, County of Marin, State of California, known as "Larkspur Boardwalk No. 1," consisting of 38 parcels of land accessible from Corte Madera Creek and/or its tributaries are to be excluded from Bay Conservation and Development Commission jurisdiction in the manner and in the following described proportions; the following described parcel and excepted areas from exclusion have been superimposed upon an enlarged aerial photograph which shall be on file in the Office of the Marin County Surveyor in County Surveyor's file; said parcel to be excluded and exceptions thereto being described as follows:
REAL PROPERTY in the City of Larkspur, County of Marin, State of California, described as follow:
BEGINNING at a point on the Westerly boundary line of Rancho Corte Madera Del Presidio described in the deed recorded in Volume 66 of Deeds, at page 13/ Marin County Records, distant thereon North 19<>o 45' West 210.45 feet from a concrete monument situated on said Westerly line designated "PQ 96." said point of beginning being also the Southwestern corner of Parcel 1 as said parcel of land is described in the deed to Richard W. Roth dated and recordedSeptember 7, 1967, in Book 2156 of Offical Records of Main County, at page 10; running thence along the Southeastern line of said Richard W. Roth parcel North 46<>o 36' 30' East 159.69 feet to Southeastern corner of said parcel; thence along the Northeastern line of the last said parcel and along the center line of that certain utility easement 20.00 feet wide, measured at right angles, described in the deed to Robert Evers, et ux., recorded July 26, 1950, in Book 658 of Offical Records of Marin County, at page 88, the following six courses:
North 20<>o 07' 30' West 416.04 feet;
North 2<>o 58' 30' East 260.44 feet;
North 47<>o 13' 00' East 243.10 feet;
North 56<>o 46' 30' East 619.40 feet;
North 40<>o 00' 30' East 642.00 feet; and
North 55<>o 45' 00' East 20.14 feet; to
the Northern line of the parcel of land described in the deed to John B. De Maria, et ux., recorded September 10, 1969, in book 2325 of Offical Records of Marin County, at page 469; thence along the last named line South 85<>o 24' 42' West 107.48 feet; thence Southwesterly along the arc of a tangent curve to the left with a radius of 269.47 feet, through an angle of 38<>o 45' 50', for a distance of 182.31 feet; thence North 51<>o 35' 30' West 11.41 feet;
thence South 40<>o 00' 30' West 60.02 feet;
thence South 51<>o 35' 30' East 5.58 feet;
thence South 47<>o 01' 34' West 68.89 feet;
thence South 37<>o 15' 00' West 68.89 feet;
thence South 44<>o 05' 00' West 119.69 feet;
thence South 46<>o 23' 00' West 78.99 feet;
thence South 46<>o 01' 00' West 15.69 feet;
thence South 51<>o 51' 30' West 196.32 feet;
thence South 56<>o 46' 30' West 60.02 feet;
thence South 73<>o 43' 00' West 58.52 feet;
thence South 56<>o 46' 30' West 37.00 feet;
thence South 51<>o 53' 30' West 28.00 feet;
thence South 62<>o 19' 00' West 54.55 feet;
thence South 75<>o 45' 00' West 45.54 feet;
thence South 77<>o 09' 00' West 42.00 feet;
thence South 01<>o 14' 00' West 15.55 feet;
thence North 82<>o 26' 00' West 41.58 feet;
thence South 76<>o 22' 30' West 14.46 feet;
thence South 34<>o 19' 50' West 119.04 feet;
thence South 22<>o 14' 00' West 38.75 feet;
thence South 47<>o 36' 00' West 97.61 feet;
thence South 37<>o 58' 00' West 62.50 feet;
thence North 52<>o 02' 00' West 20.00 feet;
thence South 21<>o 47' 10' West 87.50 feet;
thence South 06<>o 05' 50' East 202.73 feet;
thence South 88<>o 31' 30' East 20.00 feet;
thence South 02<>o 58' 30' West 50.00 feet;
thence North 88<>o 31' 30' West 85.15 feet; to said
Westerly boundary line of said Rancho Corte Madera Del Presidio, thence along the last named line south 19<>o 45' 00' East 616.41 feet to the point of beginning;
EXCEPTING therefrom the parcel of land hereinabove described, the following seven parcel of land which are to remain within the jurisdiction of Bay Conservation and Development Commission jurisdiction, described as follows:
Parcel 1: BEGINNING at a point atht course hereinabove described as "North 20<>o 07' 30' West 416.04 feet" distant thereon South 20<>o 07' 20' East 91.47 feet from the most Northwesterly terminus thereof; running
thence South 69<>o 52' 30' West 39.54 feet;
thence North 68<>o 45' 00' West 53.53 feet;
thence South 54<>o 15' 00' West 20.00 feet;
thence South 19<>o 45' 00' East 80.00 feet;
thence South 09<>o 22' 26' East 61.07 feet;
thence North 69<>o 52' 30' West 12.00 feet;
thence South 19<>o 45' 00' East 257.82 feet;
thence South 46<>o 36' 30' West 50.21 feet;
thence North 19<>o 45' 00' West 616.41 feet;
thence South 88<>o 31' 30' East 75.00 feet;
thence South 00<>o 04' 01' East 65.39 feet;
thence South 06<>o 20' 00' East 60.91 feet;
thence South 50<>o 00' 00' East 32.53 feet;
thence North 54<>o 15' 00' East 20.00 feet;
thence South 68<>o 45' 00' East 24.00 feet;
thence South 42<>o 30' 00' East 20.00 feet;
thence North 87<>o 00' 00' East 51.06 feet; to said
course designated "North 20<>o 07' 30' West 416.04 feet", thence along the last said designated course South 20<>o 07' 30' East 8.34 feet to the point of beginning;
Parcel 2: COMMENCING at a point on that course hereinabove described as "North 2<>o 58' 30' East 260.44 feet," distant thereon North 20<> o 58' 30' East 125.14 feet from the most Southwesterly terminus thereof; thence North 88<>o 31' 30' West 100.00 feet to the ACUTAL POINT OF BEGINNING: running thence North 88<>o 31' 30' West 20.00 feet;
thence North 06<>o 05' 50' West 202.73 feet;
thence North 21<>o 47' 10' East 87.50 feet;
thence South 52<>o 02' 00' East 20.00 feet;
thence North 37<>o 58' 00' East 62.50 feet;
thence North 47<>o 36' 30' East 97.61 feet;
thence South 40<>o 33' 14' West 96.33 feet;
thence South 37<>o 58' 00' West 93.11 feet;
thence South 07<>o 15' 00' West 69.56 feet;
thence South 10<>o 10' 00' East 129.00 feet; to a line
drawn North 14<>o 35' 00' East from the actual point ofbeginning;
thence South 14<>o 35' 00' West 45.00 feet; to the actual point of beginning;
Parcel 3: COMMENCING at a point on that course hereinabove described as "North 47<>o 13' East 243.10 feet" distant theron North 47<>o 13' East 229.22 feet from the most Southwesterly terminus thereof; thence North 19<>o 40' 30' West 8.65 feet;
thence South 34<>o 19' 50' West 111.04 feet;
thence South 59<>o 47' 00' East 7.02 feet; to a line
drawn South 34<>o 19' 50' West from actual point of beginning;
thence North 34<>o 19' 50' East 105.45 feet; to the actual point of beginning
Parcel 4: COMMENCING at a point on that course hereinabove described as "North 56<>o 46' 30' East 619.40 feet" distant thereon South 56<>o 46' 30' West 159.77 feet from the most Northeasterly terminus thereof; thence North 34<>o 03' 30' West 149.98 feet to the ACTUAL POINT OF BEGINNING: running thence North 34<>o 03' 30' West 19.05 feet;
thence South 51<>o 51' 30' West 35.94 feet;
thence South 31<>o 33' 30' East 19.13 feet; to a line
drawn South 51<>o 51' 30' West from the actual point of beginning;
thence North 51<>o 51' 30' East 36.78 feet; to the actual point of beginning;
Parcel 5: COMMENCING at a point on that course hereinabove designated as "North 56<>o 46' 30' East 619.40 feet" distant thereon south 56<> o 46' 30' West 128.74 feet from the most Northeasterly terminus thereof; thence North 34<>o 03' 30' West 161.67 feet to the ACTUAL POINT OF BEGINNING:
thence North 34<>o 03' 30' West 9.02 feet;
thence North 51<>o 51' 30' East 129.28 feet; (continued)