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thence North 46<>o 01' 00' East 15.69 feet;
thence North 46<>o 18' 17' East 78.99 feet;
thence South 35<>o 16' 30' East 9.10 feet;
thence South 46<>o 18' 17' West 94.59 feet; to a line
drawn North 51<>o 51' 30' East from the actual point of beginning;
thence South 51<>o 51' 30' West 129.54 feet; to the actual point of beginning;
Parcel 6: COMMENCINGt at a point on that course hereinabove described as "North 40<>o 00' 30' East 642.00 feet" distant thereon North 40<> o 00' 30' East 238.05 feet from the most Southwesterly terminus thereof; thence North 40<>o 41' 00' West 155.00 feet to the ACTUAL POINT OF BEGINNING:
thence North 40<>o 41' 00' West 3.00 feet;
thence North 37<>o 15' 00' East 68.89 feet;
thence North 47<>o 01' 34' East 31.69 feet;
thence South 51<>o 35' 30' East 12.42 feet;
thence South 38<>o 24' 30' West 34.19 feet; to a line
drawn North 49<>o 19' 00' East from the actual point of beginning:
thence South 49<>o 19' 00' West 67.82 feet; to the actual point of beginning.
Parcel 7: BEGINNING at the most Northesterly terminus of that course hereinabove described as "North 56<>o 46' 30' East 619.40 feet"; running thence along the last said line South 56<>o 46' 30' West 30.00 feet;
thence North 33<>o 13' 30' West 12.00 feet;
thence South 56<>o 46' 30' West 568.56 feet;
thence South 26<>o 46' 30' West 24.00 feet;
thence South f47<>o 13' 00' West 194.97 feet;
thence North 52<>o 02' 00' West 70.92 feet;
thence North 47<>o 13' 00' East 132.34 feet;
thence North 55<>o 24' 51' East 137.43 feet;
thence North 56<>o 46' 30' East 539.26 feet;
thence North 40<>o 00' 30' East 599.29 feet;
Northwestern line of said John B DeMaria parcel of land (2325 O.R. 469) mentioned hereinabove; thence along the last named line North 85<>o 24' 42' East 67.87 feet;
thence South 40<>o 00' 30' West 621.10 feet; to a line drawn North 4<< super>>o 59' 30' West from the point of beginning;
thence South 04<>o 59' 30' East 24.04 feet; to the actual point of beginning.
Appendix B
Appendix B
Declaration to be filed and recorded as Notice and Marin County Clerk's file:
NOTICE OF NON-JURISDICTION OF THE BCDS--GREENBRAE BOARDWALK
WHEREAS, Government Code Section 66610 has been amended to state that "The jurisdiction of the Commission under this section shall not extend to that areas commonly known as the Greenbrae Boardwalk in the County of Marin, such areas to be defined by Commission Regulation," the following described areas shall be excluded from the jurisdiction of the Bay Conservation and Development Commission.
AREA OF GREENBRAE BOARDWALK TO BE EXCLUDED FROM BCDC JURISDICTION
All the REAL PROPERTY sitiated in the unincorporated territory of the County of Marin, known as "Greenbrae Boardwalk," shown delineated on that certain map entitled "Licensed Survey Map of Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.-Cal.," etc.., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records to be excluded from BCDC jurisdiction are designated by assessor's parcel numbers, shown on the 1974-1975 Marin County Equalized Tax-Assessment Rolls, on file in the Office of the Marin County Surveyor in County Surveyor's file; said real property being also situated within the bounds of the following described parcel of land:
REAL PROPERTY partly in the Cith of Corte Madera, County of Marin, State of California, described as follows:
BEGINNING at the Northwesten corner of Lot 45 as said lot is shown on the map entitled "Subdivision of Portion of Hugh Porter Prop., Greenbrae-Marin Co.- Cal.," etc., filed August 9, 1939, in Volume 2 of Licensed Surveys, at page 93, Marin County Records; running thence along the Western line of saind Lot 45 along the exterior boundary line of said subdivision the following the three courses: South 6<>o 58' 00' East, 203.39 feet, South 70<>o 11' 00' East, 227.00 feet and South 2<>o 41' 40' West,30.07 feet;
thence North 89<>o 10' 00' East 28.94 feet;
thence South 77<>o 45' 00' East 47.83 feet;
thence South 61<>o 18' 00' East 55.34 feet;
thence South 74<>o 38' 00' East 81.22 feet;
thence South 62<>o 37' 00' East 23.33 feet;
thence South 27<>o 00' 00' East 7.69 feet;
thence South 12<>o 57' 58' West 52.38 feet;
thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187<>o 08' 58', for a distance of 261.31 feet to the direct extension produced southwesterly of the Western line of Lot 83 as said lot is shown on said map; thence along said extension of the last said Western line North 49<>o 00' 00' East 73.39 feet of the Southwestern corner of said Lot 83; thence along the exterior boundary of said lot and subdivision the following eleven (11) courses to the point of beginning:
South 74<>o 46' 00' East 86.53 feet;
North 04<>o 25' 00' West 119.64 feet;
South 85<>o 35' 00' West 397.92 feet;
South 85<>o 45' 00' West 499.76 feet;
South 80<>o 48' 30' East 146.94 feet;
North 05<>o 13' 00' West 176.16 feet;
South 85<>o 45' 00' West 639.91 feet;
South 85<>o 35' 00' West 259.12 feet;
North 71<>o 00' 00' West 357.00 feet;
North 56<>o 12' 00' West 301.01 feet;
North 51<>o 01' 20' West 303.05 feet; and
South 06<>o 58' 00' West 234.00 feet; to the
point of beginning; EXCEPTING THEREFROM the following described parcel of land:
BEGINNING at the Southwestern corner of Lot 83 as said lot is shown on said map referred to hereinabove; running then along the Westen line of said lot, North 5<>o 49' 00' East; thence North 30<>o 54' 00' East 222.69 feet to the Northern boundary line of said subdivision referred to hereinabove; thence along the last named line North 71<>o 00' 00' West 32.70 feet; thence South 30<>o 54' 00' West 223.07 feet to an angle point in the Eastern line of Lot 57 as said lot is shown on said map referred to hereonabove; thence along the last named line and along the general Southern boundary line of said subdivision the following ten (10) courses:
South 05<>o 49' 00' West 72.94 feet;
South 12<>o 30' 00' West 90.00 feet; along the
arc of a tangent curve to the right with a radius of 38.00 feet, through an angle of 169<>o 11' 30', for a distance of 112.21 feet;
North 01<>o 41' 30' East 74.67 feet;
North 27<>o 00' 00' West 25.00 feet;
North 62<>o 37' 30' West 36.12 feet;
North 74<>o 38' 00' West 81.14 feet;
North 62<>o 18' 30' West 56.17 feet;
South 89<>o 10' 00' West 30.53 feet; to the
Southwestern corner of Lot 49 as said is shown on said map referred to hereinabove;
South 02<>o 41' 40' West 30.06 feet;
North 89<>o 10' 00' East 28.94 feet;
South 77<>o 45' 40' East 47.83 feet;
South 62<>o 18' 00' East 55.34 feet;
South 74<>o 38' 00' East 81.22 feet;
South 62<>o 37' 00' East 23.33 feet;
South 27<>o 00' 00' East 7.69 feet;
South 12<>o 57' 58' West 52.38 feet;
thence along the arc of a tangent curve to the left with a radius of 80.00 feet, through an angle of 187<>o 08' 58', for a distance of 261.31 feet to a line drawn South 5<>o 49' 00' West from the point of beginning; thence North 5<>o 49' 00' East 73.39 feet to the point of beginning.
Appendix C
Appendix C
Pursuant to California Public Resources Code Section 29508(d), the following
described property is exempt from the nesessity of obtaining a marsh
development permit for any marsh developments completely located within the
following property:
1. Parcel K as shown on the Record of Survey entitled "Survey of the Lentz-Sweet-Hill-Anderson-Waldlow Properties," filed on October 11, 1967 in the Office of the Recorder of Solano County, California, in Book 10 of Surveys at page 57.
Note: Authority and reference cited: Section 29201(e) and 29508(d), Public Resources Code. Reference: Section 29508(d), Public Resources Code.
Appendix D BCDC Application Form March 16, 2000
(Box 5, Bay Fill Information, continued)
p. PROVIDE THE FOLLOWING INFORMATION TO JUSTIFY THE PROPOSED FILL:
1. The Commission can approve new fill for only five purposes: (1) accommodating a water-oriented use; (2) improving shoreline appearance; (3) providing new public access to the Bay; (4) accommodating a project that is necessary to the health, safety, or welfare of the public in the entire Bay Area; and (5) accommodating a project that is consistent with either: (1) the Suisun Marsh Preservation Act and the Suisun Marsh Protection Plan; or (2) the Suisun Marsh Local Protection Program. Please explain how the project is consistent with one or more of these purposes.
2. Please explain:
(a) what possible effects the proposed fill would have on the Bay Area, such as: (1) any impact on the volume of Bay waters, on Bay surface area, or on the circulation of Bay water; (2) any impact on water quality; (3) any impact on the fertility of marshes or fish or wildlife resources; and (4) any impact on other physical conditions that exist within the area which would be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, or objects of historic or aesthetic significance; and
(b) how the nature, location, and extent of the proposed fill would minimize any possible harmful conditions or effects.
3. Please explain (a) why the fill proposed is the minimum amount necessary; and (b) why there is no alternative upland location for the project that would avoid the need for Bay fill.
4. If the fill is to be used for improving shoreline appearance or providing new public access to the Bay, please explain why it is physically impossible or economically infeasible to accomplish these goals without filling the Bay.
5. Please explain how the fill will result in a stable and permanent shoreline.
6. Please explain the steps that will be taken to assure that the project will provide reasonable protection to persons and property against hazards of unstable geologic or soil conditions or of flood or storm waters.
7. Please provide the names, addresses, and telephone numbers of any licensed geologists, engineers, or architects involved in the project design who can provide technical information and certify to the safety of the project.
8. Please describe in detail the anticipated impacts of the fill on the tidal environment, describe how these impacts will be addressed or mitigated, and explain how the public benefits of the project would exceed the public detriment from the loss of water area or marshlands.
9. For marina projects, please indicate how many berths, if any, are to be made available for live-aboard boats and explain how these live-aboard boats will contribute to public trust purposes.
10. Please identify any other specific policies of the McAteer-Petris Act (California Government Code Title 7.2, especially Section 66605), the Suisun Marsh Preservation Act (California Public Resources Code Sections 29000-29612), the San Francisco Bay Plan and the Suisun Marsh Preservation Plan, and the Commission's regulations regarding minor fill for improving public access and shoreline appearance, that are relevant to and offer support for the project and explain how the project is consistent with these policies.
BCDC Application Form 5
The provisions of this form are self-explanatory and no other instructions are applicable.
Note: Authority cited: Sections 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 65940-65942, 66605, 66632(b) and (f) and 84308, Government Code; Sections 2770, 2774, 21080.5, 21082, 21160 and 29520, Public Resources Code; and the San Francisco Bay Plan.
Appendix E
N O T I C E
DATE POSTED: ______________________ 19 _______
NOTICE IS HEREBY GIVEN THAT ___________________________________
HAS SUBMITTED AN APPLICATION TO THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION REQUESTING A PERMIT TO (brief description of work and uses)
_______________________________________________________________
_______________________________________________________________
AT A PROPERTY KNOWN AS (address or other property description)
_______________________________________________________________
PERSONS INTERESTED IN THE PROJECT PROPOSED IN THE APPLICATION MAY REQUEST FURTHER INFORMATION AND NOTICE OF ANY HEARINGS BY WRITING TO THE COMMISSION AT THIRTY VAN NESS AVENUE, SUITE 2011, SAN FRANCISCO, CALIFORNIA 94102, OR BY TELEPHONING (415) 557-3686. THE APPLICATION AND ANY SUPPLEMENTARY MATERIALS MAY BE REVIEWED AT THE COMMISSION'S OFFICES. MEMBERS OF THE PUBLIC MAY COMMENT ON THE PROJECT PROPOSED IN THE APPLICATION. COMMENTS SHOULD BE SUBMITTED TO THE COMMISSION'S OFFICES IMMEDIATELY.
CERTIFICATION OF POSTING OF NOTICE
San Francisco Bay Conservation
and Development Commission
Thirty Van Ness Avenue, Suite 2011
San Francisco, California 94102
RE: _________________________________________
(brief description of project)
I ______________________________________________, hereby certify
(name of applicant or agent)
that on _____________________, I or my agent or employee posted
(date)
in a prominent location at or near the project site the Notice of Application provided by the San Francisco Bay Conservation and Development Commission.
Date: ____________________ By: ________________________________
(Signature)
Title: _____________________________
(Title)
Appendix F
Application Exhibits
The following information must be included as exhibits to an application. Failure to include all the required information will prevent an application from being filed.
Proof of Legal Interest
It is necessary for the applicant of the land owner to have adequate legal interest in the underlying property to carry out the project and comply with any conditions that may be a part of the Commission's approval. This legal interest must be one of the following:
• A fee interest that allows the proposed activity.
• A sufficient easement that allows the proposed activity.
• A leasehold whose remaining period of occupancy is long enough to provide a reasonable amortization period for the proposed project and whose terms allow construction and use of the proposed project.
• An enforceable option if the property owner is a co-applicant.
• The authority and commitment to acquire the property by eminent domain.
If the applicant is a public agency, corporation, partnership or other legal entity, evidence must be provided to ensure that the person who signs the application is empowered to represent and make commitments on behalf of the organization submitting the application. To accomplish this, such applications must include either a resolution authorizing the person who signs the application to represent and bind the applicant or bylaws which establish that the person who signs the application holds a position that is empowered to act on behalf of the legal entity. Corporate resolutions must be from the corporation's board of directors. Public agency resolutions must be from the city council, board of supervisors or similar highest policy body which governs the organization.
To establish that the applicant or co-applicant has adequate legal interest in the property on which the project is to be built, it is necessary for the application to include a property map and either a recently issued title report, a copy of a grant deed (both of which must include a map and a metes and bounds description) or other information of similar accuracy and reliability to show that the applicant or co-applicant holds the interest in the project site. An applicant for a project that involves the placement of fill in San Francisco Bay for purposes other than shoreline protection or the repair of existing structures must provide a title report or other acceptable documentation that is no more than two years old.
The property map (or maps) must either be a copy of an official parcel map obtained from a county assessor's office annotated as follows or a specially prepared map showing the following:
• All property lines, easement lines, and current assessor parcel numbers for the property on which the project will occur.
• A metes and bounds description for all property lines and easement lines.
• A north arrow, graphic scale, project name, the shoreline, an identification of the exhibit as a property map, the date of the plan's preparation, and the name, address, and telephone of the person who prepared or annotated the map.
Plans and Maps
Every application must include a vicinity map and a project site plan.
The vicinity map must be either an 8-1/2 " x 11 " portion of a United States Geological Survey topographical map (7.5 minute series) or a similar 8-1/2 " x 11 " map which shows the project site in relation to the shoreline, major roadways, and other landmarks.The project site plan must be at a scale which allows the details of the proposed project to be adequately illustrated. The plan (or set of plans if all the information cannot be shown on one drawing) must show exactly the nature, scope and location of the proposed work and clearly distinguish between existing and proposed conditions. The plan must include all of the following specific elements: • The shoreline.
• A line 100 feet inland from the shoreline.
• Any salt ponds, managed wetlands, marshes or mudflats on the project property.
• Property lines.
• Location and names of nearby roads, streets or highways.
• All major utilities.
• Existing control points, important geographic, topographic or physical features, and all major fixed objects and structures on the project site.
• Existing and proposed topography, including especially the existing and proposed top and toe of the bank if solid fill, excavation or dredging is proposed in the application.
• Existing and proposed improvements.
• Existing and proposed building elevations.
• Existing and proposed public access areas, including any areas that will be reserved for public access as part of the project development and any improvements that are proposed to be made in the public access area, such as parking, landscaping, pathways, benches, etc.
• A north arrow, graphic scale, project name, an identification of the exhibit as a project site plan, the date of the plan's preparation, and the name, address and telephone number of the person who prepared the plan.
In addition to providing a large scale project site plan, applicants for major projects must also provide seven high quality copies of an 8-1/2 " x 11 " reduction of the site plan. Applicants for minor repairs or improvements or routine maintenance projects need to provide only one high quality 8-1/2 " x 11 " reduction of the project site plan.In some cases, instead of providing high quality 8-1/2 " x 11 " reductions that are suitable for reproduction, applicants may furnish 235 copies of exhibits of another size. Applicants should consult with the Commission's staff to determine if this option is appropriate.
Environmental Documentation
The California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) require that the environmental impacts of a proposed development be assessed before any permit is granted for the project. These laws include specific exemptions for activities that have insignificant environmental impacts. If the project is covered by one of these exemptions, a brief statement must be provided to document this statutory exemption and cite the statutory section exempting the project. If available, this statement should be the environmental determination by the lead agency.
Similarly, other activities fall within categories that do not require the preparation of environmental impact documentation. If the project is covered by one of these exemptions, a statement must be provided to document this categorical exemption and cite the regulation section exempting the project. If available, this statement should be the environmental determination by the lead agency.
If another government agency has certified a "negative declaration" on the project, a copy of the declaration prepared in accordance with NEPA must be included with the application, and a copy of the declaration prepared in accordance with CEQA may be included with the application.
If the project requires the preparation of an environmental impact document to comply with NEPA, the document certified by the lead agency must be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project.
If the project requires the preparation of an environmental impact document to comply with CEQA, the lead agency's certification and the document may be included with the application. If the document is longer than ten pages, a summary of the document not longer than ten pages must be included with an application for a major project. Note that when the certification and document are not submitted with the application, they must be submitted before the Commission considers and takes action on the application; see Sections 10516 and 10625.
Appendix G
Appendix H
Violation Report/Complaint for the Administrative Imposition of Civil Penalties
FAILURE TO RESPOND TO THIS VIOLATION REPORT/COMPLAINT FOR THE ADMINISTRATIVE IMPOSTION OF CIVIL PENALTIES BY COMPLETING THE ENCLOSED STATEMENT OF DEFENSE FORM AND ENCLOSING ALL PERTINENT DECLARATIONS UNDER PENALTY OF PERJURY, PHOTOGRAPHS, LETTERS AND OTHER WRITTEN DOCUMENTS COULD RESULT IN A CEASE AND DESIST ORDER, A PERMIT REVOCATION ORDER, OR A CIVIL PENALTY ORDER BEING ISSUED TO YOU OR IN A SUBSTANTIAL ADMINISTRATIVE CIVIL PENALTY BEING IMPOSED ON YOU WITHOUT YOUR HAVING AN OPPORTUNITY TO CONTEST THEM OR TO INTRODUCE ANY EVIDENCE.
The San Francisco Bay Conservation and Development Commission is issuing this violation report/complaint for the administrative imposition of civil penalties and the enclosed statement of defense form because the Commission's staff believes that you may be responsible for or involved with a possible violation of either the Commission's laws or a Commission permit. The report contains a brief summary of all the pertinent information that staff currently has conerning the possible violation and references to all pertinent evidence that the staff currently relies on. All the evidence that this report refers to is available in the enforcement file for this matter located at the Commission's office or to have copies made at your expense or both contacting _________________________________ of the Commission's staff at telephone number 415-557-3686. The staff also intends that the report inform you of the nature of the possible violation so that you can fill out the enclosed Statement of Defense form and otherwise be prepared for the Commission enforcement proceedings.
Reciept of the report and the enclosed statement of defense form is the first step in formal Commission enforcement proceedings. Subsequently, either the Commission or its enforcement committee may hold an enforcement hearing and the Commission will determine what, if any, enforcement action to take.
Careful reading and a timely response to these materials is essential to allow you to present your side of the case to the Commission. A copy of the Commission's enforcement regulations is also included so that you can fully understand the Commission's enforcement procedures. If you have any questions concerning either the violation report, the enclosed statement of defense form, the procedures that the Commission and its enforcement committee follow, or anything else pertinent to this matter, you should contact as quickly as possible _________________________of the Commission's staff at telephone number 415-557-3686. Thank you for your cooperation.
1. Person or persons believed responsible for illegal activity:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
2. Brief description of the nature of the illegal activity:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
3. Description of and loaction of property on which illegal activity occurred:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
4. Name of owner, lessee (if any), and other person(s) (if any) who controls property on which illegal activity occurred:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
5. Approximate date (and time if pertinent and known) illegal activity occurred:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
6. Summary of all pertinent information currently known to the staff in the form of proposed findings with references to all pertinent supporting evidence contained in the staff's enforcement file (the file is available at the Commission's offices for you review; you should call the above listed staff enforcement officer to arrange to review the file):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
7. Provisions of law or Commission permit that the staff alleges has been violated:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
8. If the staff is proposing that the Commission impose an administrative civil penalty as part of this enforcement proceeding, the amount of the proposed penalty:
_______________________________________________________________
_______________________________________________________________
9. Any other statement or information that the staff believes is either pertinent to the alleged violation or important to a full understanding of the alleged violation:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Appendix I
Statement of Defense Form
FAILURE (1) TO COMPLETE THIS FORM, (2) TO INCLUDE WITH THE COMPLETED FORM ALL DOCUMENTS, DECLAREATIONS UNDER PENALTY OF PERJURY, AND OTHER EVIDENCE YOU WANT PLACED IN THE RECORD AND TO BE CONSIDERED BY THE COMMISSION, (3) TO LIST ANY WITNESSES WHOSE DECLARATION IS PART OF THE STAFF'S CASE AS IDENTIFIED IN THE VIOLATION REPORT THAT YOU WISH TO CROSS-EXAMINE, THE AREA OF KNOWLEDGE ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE WITNESS, AND THE INFORMATION YOU HOPE TO ELICIT BY CROSS-EXAMINATION, AND (4) TO RETURN THE COMPLETED FROM AND ALL INCLUDED MATERIALS TO THE SF BAY COMMISSION STAFF OR TO CONTACT _____________________ OF THE SF BAY COMMISSION ENFORCEMENT STAFF BY ______________, 19___ MEANS THAT THE COMMISSION CAN REFUSE TO CONSIDER SUCH STATEMENTS AND EVIDENCE WHEN THE COMMISSION HEARS THIS MATTER.
DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH THE SF BAY COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, ADMINISTRATIVE OR LEGAL ENFORCEMENT PROCEEDINGS MAY NEVERTHELESS BE INITIATED AGAINST YOU, IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BY USED AGAINST YOU.
YOU MAY WISH TO CONSULT WITH OR RETAIN AND ATTORNEY BEFORE YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE SF BAY COMMISSION ENFORCEMENT STAFF.
This form is enclosed with a violation report. The violation report indicates that you may be responsible for or in some way invilved in either a violaiton of the Commission's laws, a Commission permit, or a Commission cease and desist order. The violation report summarizes what the possible violation involves, who may be responsible for it, where and when it occurred, if the Commission staff is proposing any civil penalty and, if so, how much, and other pertinent information concerning the possible violation.
This form requires you to respond to the alleged facts contained in the violation report, to raise any affirmative defenses that you believe apply, to request any cross-examination that you believe necessay, and to inform the staff of all facts that you believe may exonerate you of any legal responsibility for the possible violation or may mitigate your responsibility. This form also requires you to enclose with the completed statement of defense form copies of all written documents, such as letters, photographs, maps drawings, etc. and written declarations under penalty of perjury that you want the Commission to consider as part of this enforcement hearing. This form also requires you to identify by name any person whom you may want to cross-examine prior to the enforcement hearing on this matter, the area of knowledge that you want to cover in the cross-examination, the nature of the testimony that you hope to elicit, and the reasons that you believe other means of producing this evidence are unsatisfactory. Finally, if the staff is only proposing a civil penalty, i.e., no issuance of either a cease or desist order or a permit revocation order, this form allows you alternatively to pay the proposed fine without contesting the matter subject to ratification of the amount by the Commission.
IF YOU WANT TO CROSS-EXAMINE ANY PERSON ON WHOSE TESTIMONY THE STAFF HAS RELIED IN THE VIOLATION REPORT, YOU MUST COMPLETE PARAGRAPH SEVEN TO THIS STATEMENT OF DEFENSE FORM. THIS PARAGRAPH REQUIRES YOU TO SET OUT (1) THE NAME(S) OF THE PERSON(S) YOU WANT TO CROSS-EXAMINE, ()2) REFERENCES TO ANY DOCUMENTS ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE PERSON, (3) THE AREA OF KNOWLEDGE ABOUT WHICH YOU WANT TO CROSS-EXAMINE THE PERSON, (4) THE INFORMATION THAT YOU BELIEVE CAN BE ELICITED BY CROSS-EXAMINATION, AND (5) THE REASON WHY YOU BELIEVE THIS INFORMATION CANNOT BE PRESENTED BY DECLARATION OR OTHER DOCUMENT.
You should complete the form as fully and accurately as you can as quickly as you can and return it no later than 35 days after its having been mailed to you to the Commission's enforcement staff at the address:
SanFrancisco Bay Conservation and Development Commission
30 Van Ness Avenue, Suite 2011
San Francisco, California 94102
If you believe that you have good cause for not being able to complete this form within 35 days of its having been mailed, please complete it to the extent that you can and within 35 days of the mailing of the violation report send the statement of defense form completed as much as possible with a written explanation of what additional information you need to complete the form in its entirety, how long it will take to obtain the additional information needed to complete the form, and why it will take longer than 35 days to obtain the additional information, send all of this to the Commission's staff at the above address. Following this procedure does not mean that the Executive Director will automatically allow you to take the additional time to complete the form. Only if the Executive Director determines that you have shown good cause for the delay and have otherwise complete the form as much as is currently possible will be grant an extensionto complete the form.
If the staff violation report/complaint that accompanied this statement of deffense form included a proposed civil penalty, you may, if you wish, resolve the civil penalty aspect of the alleged violation by simply providing to the staff a certified cashier's check in the amount of the proposed fine within the 35-day time period. If you choose to follow this alternative, the Executive Director will cash your check and place a brief summary of the violation and proposed penalty along with a notation that you are choosing to pay the penalty rather than contesting it on an administrative permit listing. If no Commissioner objects to the amount of the penalty, your payment will resolve the civil penalty portion of the alleged violation. If a Commissioner objects to the proposed payment of the penalty, the Commission shall determine by a majority of those present and voting whether to let the proposed penalty stand. If such a majority votes to let the proposed penalty stand, your payment will resolve the civil penalty portion of the alleged violation. If such a majority does not let the proposed penalty stand, the Commission shall direct the staff to return the money paid to you and shall direct you to file your completed statement of defense form and all supporting documents within 35 days of the Commission's action. Of course, you also have the opportunity of contesting the fine from the outset by completing this form and filing it and all supporting documents within 35 days of its having been mailed to you.
If you have any questions, please contact as soon as possible ________________________________ of the Commission Enforcement Staff at telephone number 415-557-3686.
1. Facts or allegations contained in the violation report that you admit (with specific reference to the paragraph number in the violation report):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. Facts or allegations contained in the violation report that you deny (with specific reference to paragraph number in the violation report):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. Facts or allegations contained in the violation report of which you have no personal knowledge (with specific reference to paragraph number in the violation report):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the possible violation (be as specific as you can; if you have or know of any documents, photographs, maps, letters, or other evidence that you believe are relevant, please identity it by name, date, type, and any other identifying information and provide the original or a copy if you can):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. Any other information, statement, etc. that you want to make:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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6. Documents, exhibits, declarations under penalty of perjruy or other materials that you have attached to this statement to support your answers or that you want to be made part of the administrative record for this enforcement proceeding (Please list in chronological order by date, author, title and enclose a copy with this completed form):
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7. Name of any person whose declaration under penalty of perjury was listed in the violation report as being part of the staff's case who the respondent wants to cross-examine, all documents about which you want to cross-examine the person, area or areas of information about which the respondent wants to cross-examine the witness, information that the respondent hopes to elicit in cross-examination, and the reason(s) why some other method of proving this information is unsatisfactory: __________________________________________________
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Appendix J
SAN FRANCISCO BAY CONSERVATION TO BE FILLED IN BY BCDC
AND DEVELOPMENT COMMISSION
30 Van Ness Avenue, Room 2011 1. Claim Number:______________
San Francisco, California 94102 2. Date Claim Filed:____________
3. Date Claim Mailed to Other
Agencies:____________________
4. Date of Hearing:______________
CLAIM OF EXEMPTION FROM BCDC PERMIT REQUIREMENTS FOR A PROJECT INVOLVING FURTHER FILL
This form is to be used in filing a claim of exemption from BCDC permit requirements for a project involving fill in the Bay, a salt pond, or a managed wetland after January 1, 1974. The form is designed to obtain sufficient detailed information about the project claimed to be exempt so that the Commission can determine the validity of the claim and the scope of the project. The questions relate to (1) the law under which the Commission operates (Government Code Title 7.2), especially the grandfather clauses, Sections 66632.1, 66655, and 66656 of the Government Code; (2) the Commission's procedural regulations, especially Sections 10910 through 10921; and (3) the relevant case law, in particular BCDC v. Emeryville, 69 Cal.2d 533, the leading case in the matter of exemptions from BCDC permit requirements. Copies of all three are available at the Commission's office, and the Commission's staff can help explain them as they affect any particular claim.
Each question must be fully answered. Those questions with space for an answer on this form may be answered on the form. Answers to the remaining questions should be on a separate sheet of paper with the answer keyed to the number of the question. Both this form and the answer sheet are part of the application, and they should be submitted together to the Commission prior to April 1, 1974, the last day for filing claims of exemption under the law. Exhibits may be attached to either the form or the answer sheet.
THE CLAIMANT
1. Name: ______________________________________________________
2. Address: ________________________ Telephone: _______________
3. Representative: _________________ Telephone: _______________
4. If the claimant is a governmental entity, a partnership or a corporation, attach a document, such as a corporate or governing body resolution, indicating that the person who signs the claim has been authorized to act on behalf of the claimant in all matters concerning the claim. Mark the document Exhibit A.
PROJECT LOCATION AND OWNERSHIP
5. County(ies): _______________________________________________
6. City(ies): _________________________________________________
7. Street Address and Assessor Parcel Number(s): ______________
8. Total area involved __________ acres. Of this, the area covered by water at some or all times of the year is __________ acres.
9. Attach a legal description of all property involved in the claim with a map showing lot lines, easements, major utilities, etc., and a document indicating the claimant's legal interest in the property. Mark the documents Exhibit B.
PROJECT DESCRIPTION
10. Fully describe any project that is claimed to be exempt under Section 66632.1 or Section 66656 of the Government Code. This description must include the following information:
a. A precise description of the plan for the project as of September 17, 1965, including the exact nature and location of land uses.
b. A description of all entities, such as partnerships, corporations, special districts, etc., that had been organized to carry out the project as of September 17, 1965.
c. A detailed explanation of all financial arrangements that had been made as of September 17, 1965, to finance the project.
d. A description of all engineering, architectural, and planning services, including costs, incurred as part of the project as of September 17, 1965, and after all necessary approvals and Corps of Engineers' permits had been obtained.
e. A description of all equipment purchased, leased or rented as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including costs, purposes for which the equipment was obtained, when obtained, the length of time used, etc.
f. A description of any other contractual obligations entered into as part of the project as of September 17, 1965, and after all necessary local approvals and Corps of Engineers' permits had been obtained, including the parties to the contract, the date of the contract, the purposes for which the contract was entered into, the costs incurred under the contract, etc.
g. A history of the project on a year-to-year basis from the date of commencement to September 17, 1965, include a precise description of all diking or filling that took place prior to September 17, 1965, and that indicates the amount of fill that had been placed and the extent of any dikes that had been constructed.
11. Fully describe any project for which a vested right is claimed under Section 66655 of the Government Code. This description must include the following information:
a. A precise description of the use or uses for which a vested right is claimed, including the exact nature and location of such uses.
b. A precise description of all liabilities incurred for work and materials, and of all work commenced and performed, as of September 1, 1969, in good faith and in reliance on any city or county ordinance or permit authorizing the use or uses for which a vested right is claimed.
c. An identification of each city or county ordinance or permit authorizing the use or uses for which a vested right is claimed and on which reliance was placed in good faith.
12. For any project for which an exemption is claimed under Section 66632.1 of the Government Code or Section 66656 of the Government Code, describe all activity that has taken place with regard to the project since September 17, 1965, including each of the aspects of the project included in the description of the project in the answer to question 10.
13. For any project for which a vested right is claimed under Section 66655 of the Government Code, describe all activity that has taken place with regard to the project since September 1, 1969, including each of the aspects of the project included in the description of the project in the answer to question 11.
14. Summarize in chronological order each governmental action that has been taken with regard to the project. Include any mention of dated drawings, plans or applications that were submitted to any governmental entity with regard to the project and indicate the name of the person at each governmental agency who has custody of such drawings, plans or applications.
15. Describe precisely the amount, location, and timing of any fill to be placed subsequent to January 1, 1974, as part of the project, including the nature and location of future uses.
16. Explain why the project has not been completed.
17. Does any circumstance prevent or delay realization of the project as originally planned? If so, explain fully.
18. Has the project been changed in any manner either since September 17, 1965, if an exemption is claimed under Section 66632.1 or Section 66656, or since September 1, 1969, if a vested right is claimed under Section 66655? If so, explain in detail each alteration that has been made. Indicate whether any governmental approvals were required for the change and the date such approval was granted.
EXHIBITS
A [Exhibit A is described in the first section of the form entitled "THE CLAIMANT."]
B [Exhibit B is described in the second section of the form entitled "PROJECT LOCATION AND OWNERSHIP."]
C As Exhibit C, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction with a graphic bar scale and north arrow, showing all aspects of the project claimed to be exempt or for which vested rights are claimed. Indicate areas that have been filled or diked with dates and areas that remain to be filled or diked.
D As Exhibit D, attach one drawing, 8-1/2 by 11 inches in size and suitable for reproduction and showing the project in relation to nearby roads, the shoreline as it presently exists and as it existed on September 17, 1965.
[ NOTE: If the claimant believes that a drawing of a different size will better explain the project, he may submit 150 copies of each drawing of a different size, instead of one 8-1/2 by 11 inch drawing.] (continued)