California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10514 - Commission Findings on Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Commission vote is consistent with
				  the Executive Director's recommendation, the findings and conclusions contained
				  in the recommendation shall become the Commission's findings and conclusions
				  unless the Commission expressly adopts different or additional
				  findings.
(b) If the Executive
				  Director recommends approval and the Commission approves the application with
				  additional terms or conditions or different terms or conditions than those
				  recommended by the Executive Director, those members of the Commission who
				  voted for approval may state their reasons for requiring the additional or
				  different terms or conditions and any Commissioner who votes for approval who
				  fails to state his or her reasons for requiring the additional or different
				  terms or conditions shall be presumed to have based his or her vote on the
				  testimony or other evidence in the record that supports the Commission's
				  action.
(c) If the Executive
				  Director recommends approval and the Commission denies the application, all
				  members who vote "no" on the application may state their reasons for their "no"
				  vote and any Commissioner who votes to deny the application who fails to state
				  his or her reasons for his or her "no" vote shall be presumed to have based his
				  or her vote on the testimony or other evidence in the record that supports the
				  Commission's action.
(d) If the
				  Executive Director recommends denial and the Commission votes to approve the
				  application, all members who vote "yes" may state their reasons for their "yes"
				  vote and any Commissioner who votes to approve the application who fails to
				  state his or her reasons for his or her "yes" vote shall be presumed to have
				  based his or her vote on the testimony or other evidence in the record that
				  supports the Commission's action.
(e) When the Commission has voted on a permit
				  application in a manner that is not consistent with the Executive Director's
				  recommendation, the Executive Director shall prepare draft findings based on
				  the statements made by those Commission members who voted consistent with the
				  outcome of the vote and on such other testimony or other evidence in the record
				  before the Commission as the Executive Director believes is necessary to
				  support the Commission's decision legally or is otherwise appropriate. The
				  Executive Director shall present proposed findings to the Commission at the
				  meeting following the vote on the application, at which time the Commission
				  shall vote on the proposed findings. Only those Commission members who voted
				  consistent with the prevailing decision may vote on whether or not to adopt the
				  proposed findings. The vote shall be by a majority of those present and voting.
				  If those present and voting do not adopt the proposed findings that the
				  Executive Director has submitted, they can either make such changes as they
				  determine are appropriate and adopt the findings at that meeting or direct the
				  Executive Director to prepare further proposed findings and submit them to the
				  Commission at the next meeting, in which case those who voted consistent with
				  the prevailing decision may again vote on whether to adopt the further proposed
				  findings. This cycle shall continue until the Commission has adopted findings
				  to support its decision.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
					 Amendment filed 10-12-89; operative 10-12-89 (Register 89, No.
					 43).
3. Amendment of section and NOTE filed 8-2-2022; operative
					 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). Transmission deadline specified in Government Code
					 section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Sections
						29501(a)
						and
						29520(a),
						Public Resources Code; Sierra Club v. City of Hayward (1981) 28 Cal. 3d 840,
						858-60; Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11
						Cal. 3d 506, 514-17; and Foundation for San Francisco Architectural Heritage v.
						City and County of San Francisco (1980) 106 Cal. App. 3d. 893,
						906-907.