reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10310 - Summary of Prerequisites for Filing a Major Permit Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall file a major permit application
						pursuant to California Government Code section
						66632 only
						when the Executive Director receives from the applicant all of the following
						materials:
(a) one (1) original and
					 seven (7) copies of a fully completed and properly executed application form,
					 which these regulations contain as Appendix D;
(b) an executed Certificate of Posting of
					 "Notice of Pending BCDC Application" form, which these regulations contain as
					 Appendix E;
(c) exhibits to the
					 application form, as described in Appendix F and Section
					 10625;
(d) a check or money order in the amount of
					 all applicable filing fees in compliance with Appendix M;
(e) for all projects that constitute a
					 "surface mining operation" under the Surface Mining and Reclamation Act and
					 that are not exempt under Cal. Public Resources Code sections
					 2714
					 or
					 2776,
					 a reclamation plan that complies with Cal. Public Resources Code section
					 2772;
(f) evidence that:
(1) all local discretionary approvals (i.e.,
					 all approvals other than ministerial permits such as building permits) have
					 been granted, or
(2) for
					 subdivisions or other land divisions requiring a Commission permit for which
					 final local approval or disapproval has not been granted, a statement that the
					 local government either favors the project, with or without conditions, or does
					 not favor the project.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10311 - Waiver or Modification of Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (b), the
					 Executive Director may, at his or her sole discretion, waive or modify any or
					 all of the permit application filing requirements contained in Section
					 10310, Appendix D, Appendix E, and
					 Appendix F if he or she concludes all of the following: the otherwise required
					 information is not necessary (1) to determine whether the proposed activity
					 would be consistent with all applicable laws and policies, (2) to allow the
					 government agencies specified in Section
					 10360 to review and comment on the
					 proposed project, and (3) to provide adequate public notice of the
					 project.
(b) The Executive Director
					 may not waive or modify either (1) the requirement that a permit application
					 must obtain all local discretionary governmental approvals pursuant to
					 Government Code Section
					 66632(b)
					 and Regulation Section
					 10310(f), (2) the
					 applicable filing fee for the application, or (3) the requirement that the
					 application include all public improvements and public utility facilities
					 necessary or incidental to the proposed project and the names and mailing
					 addresses of all public agencies or public utilities that will have ownership
					 or control of the public improvements and public utility facilities if the
					 permit is granted and the project built.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Amendment filed
						10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment
						filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment
						of section heading and section filed 1-22-98; operative 2-21-98 (Register 98,
						No. 4).
5. Amendment filed 2-27-98; operative 3-29-98 (Register 98,
						No. 9).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65940-
						  65942 and
						  66632,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10312 - Postponement of Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may, at his or her sole
						discretion, postpone the time when an applicant must submit any of the
						information for which the Executive Director can waive submittal under Section
						10311 if:
(1) the Executive Director decides that the
					 information is not necessary at the time of filing,
(2) the applicant agrees to provide the
					 information at such time as the Executive Director requests, and
(3) the applicant acknowledges in writing
					 that the Commission may deny the application if the applicant does not provide
					 the information when the Executive Director requests it because the Commission
					 lacks sufficient information to determine whether the application is consistent
					 with all applicable policies.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Amendment filed
						10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment
						filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
4. Amendment
						of first paragraph filed 2-27-98; operative 3-29-98 (Register 98, No.
						9).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201,
						  Public Resources Code. Reference: Sections
						  65944 and
						  66632,
						  Government Code; and Sections
						  2714,
						  2728,
						  2733,
						  2735,
						  2771,
						  2772,
						  2773,
						  2774
						  and
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10313 - Parcel Map. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Repealer filed
						10-12-89; operative 10-12-89 (Register 89, No.
						43).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29601,
						  Public Resources Code. Reference: Sections
						  65940-
						  65942 and
						  66632(d),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10314 - List of Affected Property Owners. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Amendment filed
						10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Repealer
						filed 4-18-90; operative 5-18-90 (Register 90, No.
						18).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29601,
						  Public Resources Code. Reference: Sections
						  65940-
						  65942 and
						  66632(d),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10315 - Submittal of Design Review Board Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant or prospective applicant for
					 a Commission permit for a project that requires review by the Design Review
					 Board shall submit, except as provided in subsection (b) below, all of the
					 following to the Commission staff at least 45 days prior to the scheduled
					 Design Review Board meeting at which the Board will review the project:
(1) a description of the proposed
					 project;
(2) drawings and
					 illustrations to communicate the context, location, appearance, and design of
					 the project, including proposed public access and public access improvements,
					 to accommodate Design Review Board review of the project in accordance with
					 Section 10270(b) of the
					 Commission's regulations; and
(3)
					 contact information for all persons or entities interested in the
					 project.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 1 - Application Requirements › Section 10316 - Submittal of Engineering Criteria Review Board Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant or prospective applicant for a Commission
						permit for a project that requires review by the Engineering Criteria Review
						Board (ECRB) shall submit to the Commission staff, at least 30 days prior to
						the scheduled ECRB meeting at which the ECRB will review the project, all of
						the following needed to accommodate ECRB review: all geotechnical reports, all
						memoranda, correspondence, or other documents containing geologic findings,
						structural plans, engineering analyses including any coastal engineering
						analysis, design calculations, if required to support the applicant's or
						prospective applicant's analyses regarding geologic conditions or the safety of
						proposed fill, and architectural renderings of the proposed
						project.
1. New
						section filed 4-18-90; operative 5-18-90 (Register 90, No. 18).
2.
						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: Sections
						  66605(e)
						  and
						  66632(b),
						  Government Code; Section
						  29520(a),
						  Public Resources Code; and San Francisco Bay Plan, Safety of Fills, Findings a,
						  b, c and Policies 1 and 2.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 2 - Schedule of Fees for Filing and Processing Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Combination and amendment of sections
					 10330-10338 to form Appendix M
					 filed 11-20-91; operative 12-20-91 (Register 92, No. 8). For prior history, see
					 Register 89, No. 43.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 3 - Filing Procedures › Section 10350 - When an Application is Submitted for Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application shall be submitted for
					 filing and the thirty (30) day time period required by California Government
					 Code Section
					 65943
					 shall begin to run when an executed application form is received at the
					 Commission's offices unless the applicant requests in writing that the
					 application not be accepted as submitted for filing at that time.
(b) If the applicant requests in writing that
					 the application not be accepted as submitted for filing when an executed
					 application form is received at the Commission's offices, the application shall
					 thereafter be submitted for filing and the thirty (30) day time period required
					 by California Government Code Section
					 65943 and
					 the time periods imposed by California Government Code Section
					 66632 and
					 either California Government Code Section
					 65950 or
					 65952
					 shall begin to run when the staff receives written notification from the
					 applicant that he or she requests the application be accepted as submitted for
					 filing.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  65943,
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 3 - Filing Procedures › Section 10351 - Method of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the Executive Director decides to file an application, the original executed
					 application, all exhibits thereto, and all other relevant documents shall be
					 stamped "Filed BCDC" with the date of filing.
(b) If the Executive Director decides that an
					 application cannot be filed, the original executed application, all exhibits
					 thereto, and all other relevant documents shall be stamped "Not Filed BCDC"
					 with the date of the Executive Director's decision.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65943,
						  65950-
						  65957.1
						  and
						  66632,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 3 - Filing Procedures › Section 10352 - Notification of Filing Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written notification of the Executive Director's decision
						not to file an application shall occur at the time the letter is mailed if
						notification is by mailing or at the time of presentation if written
						notification is presented to the applicant in person.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65943 and
						  66632,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 3 - Filing Procedures › Section 10353 - Appeal from the Executive Director's Determination Not to File an Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant
					 may appeal the Executive Director's decision not to file an application. The
					 appeal shall be in the form of a letter to the Executive Director. The letter
					 shall explain the reasons for the appeal and include all facts and materials
					 the applicant believes are relevant to the appeal.
(b) The applicant shall submit the letter of
					 appeal within ten (10) working days of receiving written notice of the
					 Executive Director's decision not to file the application.
(c) The Executive Director shall schedule the
					 appeal for hearing and vote by the Commission as soon as practicable following
					 receipt of the applicant's appeal letter.
(d) The Commission shall by a majority vote
					 of those present and voting determine whether to uphold the Executive
					 Director's determination or to order the permit application filed.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65943 and
						  66632,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 4 - Distribution of Applications › Section 10360 - Distribution of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall distribute not less than
						twenty-eight (28) days prior to the Commission hearing on the application one
						(1) copy of the fully completed and properly executed application form, any
						attachments or exhibits to the application form that provide a complete project
						description, and the project site plan to the following persons or
						agencies:
(a) U.S. Army Corps of
					 Engineers (San Francisco or Sacramento District);
(b) California Department of Fish and
					 Wildlife (Manager, Region III);
(c)
					 San Francisco Bay Regional Water Quality Control Board;
(d) State Lands Commission;
(e) U.S. Fish and Wildlife Service
					 (Sacramento Office); and
(f)
					 National Oceanic and Atmospheric Administration (NOAA) National Marine
					 Fisheries Service.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Amendment of
						subsections (e) and (f) and new subsection (g) filed 9-11-2008; operative
						10-11-2008 (Register 2008, No. 37).
3. Change without regulatory
						effect amending subsection (b) filed 12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
4. Amendment of first
						paragraph, repealer of subsection (e) and subsection relettering 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(d),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 5 - Amendments to Applications › Section 10371 - Material Amendments to Pending Major Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant
					 whose application for a major permit is currently pending may submit a request
					 to amend the application materially at any time prior to the mailing or reading
					 of the staff recommendation on the previously pending application, whichever
					 occurs first.
(b) The applicant
					 shall submit the request for a material amendment to a permit application by
					 letter. If there are two or more co-applicants, each co-applicant (or
					 co-applicant's representative) shall sign the letter requesting the amendment.
					 The applicant shall include the following in any request to amend materially a
					 pending major permit application and the Executive Director shall file the
					 request only if the request contains the following:
(1) an agreement in writing that the time
					 periods within which the Commission must act under the McAteer-Petris Act and
					 the Permit Streamlining Act on a permit application begin as of the date of the
					 filing of the request to amend the application and
(2) an application for the project as amended
					 that meets all the filing requirements contained in these regulations for a
					 major permit application.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 2 - Applications for a Major Permit › Article 5 - Amendments to Applications › Section 10372 - Effect of Refusal to Withdraw Original Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Repealer filed 10-12-89; operative 10-12-89 (Register 89, No.
						43).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 3 - Summaries of Applications for Major Permits › Section 10380 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
				  Director shall prepare a summary of each application for a major permit that
				  has been filed. The summary shall be brief and understandable, shall fairly
				  present the substance of the application and shall quote from the application
				  wherever appropriate.
(b) The
				  Executive Director may attach staff comments to the summary that shall be
				  clearly labelled to distinguish them from the summary and shall point out
				  questions of fact, applicability of San Francisco Bay Plan policies, Suisun
				  Marsh Protection Plan policies, approved local protection program policies,
				  related previous applications, issues identified by the staff, and other
				  relevant matters
(c) The Executive
				  Director may illustrate the summary with the maps or drawings furnished by the
				  applicant and may attach other maps or drawings that would help to present
				  fairly the substance of the application.
(d) If the Commission has prepared an
				  environmental assessment, it shall be included as part of the application
				  summary.
1. Repealer
					 of former Section
					 10380, and renumbering and
					 amendment of Section
					 10370 to Section
					 10380 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						66632 and
						66653,
						Government Code; and Section
						29601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 3 - Summaries of Applications for Major Permits › Section 10381 - Distribution of Application Summary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Commission did not prepare an
				  environmental assessment, the Executive Director shall distribute the
				  application summary and staff comments to all Commissioners, to the applicant,
				  to all agencies listed in section
				  10360, to all affected cities and
				  counties, to all individuals and organizations who have requested distribution
				  in writing, to all other persons thought to have a particular interest in the
				  application, and to all agencies that have jurisdiction by law with respect to
				  any proposed activity that is the subject of the application summary no less
				  than ten (10) days prior to the scheduled public hearing.
(b) If the Commission prepared an
				  environmental assessment, the Executive Director shall distribute the
				  application summary no less than thirty (30) days prior to the scheduled public
				  hearing to all responsible agencies as defined in the California Environmental
				  Quality Act and to all persons and entities listed in section
				  10381(a).
1. Repealer
					 of former section
					 10381, and renumbering and
					 amendment of section
					 10371 to section
					 10381 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment of subsection (a) filed 4-18-90; operative 5-18-90
					 (Register 90, No. 18).
3. Editorial correction of (b) and NOTE
					 (Register 91, No. 15).
4. Amendment of subsection (a) filed 3-21-91;
					 operative 4-20-91 (Register 91, No. 15).
5. Amendment of subsection
					 (a) and NOTE filed 2-16-2007; operative 3-18-2007 (Register 2007, No.
					 7).
Note: Authority cited: Section
						66632,
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Sections
						21080.5(d)(2)(C),
						29500,
						29501 and
						29520, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 1 - Scheduling Public Hearings › Section 10400 - Scheduling Initial Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No public hearing on any permit
					 application shall be held sooner than the twenty-eighth (28th) day following
					 the day of "receipt" of the application, except when the Executive Director
					 determines that:
(1) hearing the application
					 sooner than the twenty-eighth (28th) day will not cause hardship to the
					 Commission, to other permit applicants, and to others interested in the
					 application; and
(2) adequate time
					 exists to prepare and to mail an application summary and notice of the public
					 hearing.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 1 - Scheduling Public Hearings › Section 10401 - Notice to Applicant and Interested Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least ten (10) days prior to the
					 initial public hearing, the Executive Director shall notify each applicant and
					 all persons to whom the Executive Director must mail an application summary of
					 the date of the hearing and the general procedure of the Commission concerning
					 hearings and actions on applications.
(b) Notice to an applicant's representative
					 as designated on the completed permit application form shall constitute notice
					 to the applicant.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 1 - Scheduling Public Hearings › Section 10402 - Hearing Postponement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may postpone a public hearing on a
						permit application if the postponement will not prevent the Commission from
						voting on an application within the time limits set out in Government Code
						Section
						66632 and
						Government Code Sections
						65950
						through
						65957.1.
						In deciding whether to postpone a public hearing, the Executive Director shall
						consider the following factors:
(a)
					 whether the applicant requested a postponement;
(b) whether the applicant waived in writing
					 the time period for voting set forth in Government Code Section
					 66632 and
					 extended in writing the time period set forth in Government Code Sections
					 65950
					 through
					 65957.1;
(c) the effect that the postponement would
					 have on the coordination and scheduling of other agenda items; and
(d) the cost of the postponement and the
					 effect it would have on the convenience to the Commission, the staff, and the
					 public.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66632,
						  65950-
						  65957.1,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code; and Bel Mar Estates v. California Coastal Commission
						  (1981) 115 Cal. App. 936, 940.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 2 - Hearing Procedures and Field Trips › Section 10410 - Order of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Commission's public hearing on a permit application shall proceed in the
					 following order:
(1) the Chair shall open the
					 public hearing;
(2) the Executive
					 Director or the Chair shall identify the application and any correspondence
					 received by the Commission relative to the application;
(3) the applicant or his or her
					 representative may present any material to expand on the application
					 summary;
(4) other persons may
					 speak concerning the application;
(5) the applicant may rebut or comment on
					 what the applicant believes to have been incorrect or misleading factual
					 information given during the hearing; and
(6) to continue it to a subsequent meeting
					 the Commission may either close the public hearing, continue it to a subsequent
					 meeting, or leave the hearing open for additional written comment
					 only.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 2 - Hearing Procedures and Field Trips › Section 10411 - Post-Hearing Questions and Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the close of a public hearing,
					 Commissioners may still direct questions or comments to the Executive Director
					 or the applicant.
(b) The staff
					 shall treat written comments received after the close of the public hearing
					 according to Sections
					 10430 and
					 10431 so long as the Commission
					 receives them within any time limits that the Commission may set.
1.
						Repealer of former Section
						10411, and renumbering and
						amendment of Section
						10413 to Section
						10411 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 2 - Hearing Procedures and Field Trips › Section 10412 - Field Trips

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Whenever the Commission takes a field trip to the site of any proposed project,
					 the Commission meeting notice shall state that the Commission intends to take a
					 field trip, and the Chair shall admonish the Commission members that they shall
					 inform the Commission at the next Commission meeting of any substantive
					 communications they had at the field trip regarding the application with anyone
					 other than a member of the staff or with other Commissioners. The minutes of
					 the next Commission meeting at which the Commission discusses the application
					 shall note the fact of the field trip.
1.
						Repealer of former Section
						10412, and renumbering and
						amendment of Section
						10414 to Section
						10412 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66632 and
						  11120-
						  11131,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 3 - Additional Hearings, Withdrawal, and off-Calendar Items › Section 10420 - Continued Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission should complete a public hearing on an
						application in one Commission meeting. However, the Chair may decide or the
						Commission may vote at the public hearing to continue a public hearing to a
						subsequent meeting if it believes that:
(a) too many speakers exist to be heard
					 within the time reasonably available, or
(b) questions have been raised or amendments
					 to the application or conditions have been proposed on which the public should
					 have an opportunity to comment after time for reflection.
1.
						Amendment filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior
						history, see Register 73, No. 16.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 3 - Additional Hearings, Withdrawal, and off-Calendar Items › Section 10421 - Application Withdrawal and Removal from Active Consideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time
					 before the Commission begins to vote on an application, an applicant may either
					 withdraw the application permanently or may remove the application temporarily
					 from the Commission's active consideration.
(b) An applicant shall withdraw an
					 application permanently either by a signed written document or by stating the
					 fact of the withdrawal on the record at a Commission meeting. Withdrawal shall
					 not require Commission concurrence.
(c) An applicant shall remove an application
					 temporarily from active consideration either by a signed written document or by
					 stating the fact of the removal on the record at a Commission meeting. In
					 either case, the applicant shall expressly:
(1) extend the ninety (90) day time limit of
					 Government Code Section
					 66632(f)
					 for at least sixty (60) days; and
(2) agree that the application is withdrawn
					 permanently unless the applicant reactivates the application in writing at
					 least thirty (30) days prior to the expiration of the extended review period
					 and the removal from active consideration and resultant extension of time
					 within which the Commission acts on the application does not cause the
					 Commission to exceed the period in which it must act on the application
					 pursuant to California Government Code Sections
					 65950
					 through
					 65957.1.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 3 - Additional Hearings, Withdrawal, and off-Calendar Items › Section 10422 - Necessity of Additional Public Hearing After Delay. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 73, No. 16.
2. Repealer filed
						9-25-96; operative 9-25-96 pursuant to Government Code section
						11343.4(d)
						(Register 96, No. 39).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65950-
						  65957.1
						  and
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 1 - Commission Hearings › Article 3 - Additional Hearings, Withdrawal, and off-Calendar Items › Section 10423 - Procedures for a Hearing on a Materially Amended Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Executive Director files a materially amended
						permit application under Section
						10371, the Commission shall hold
						an additional public hearing on the materially amended application. The
						Executive Director shall prepare and distribute a new or revised application
						summary of the amended application or an addition to the existing summary at
						least ten (10) days prior to the hearing on the amended
						application.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 73, No. 16.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65950-
						  65957.1
						  and
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 2 - Public Comments on Applications › Section 10430 - Distribution of Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as provided in Section
				  10431, the Executive Director
				  shall promptly reproduce the text of all written communications concerning
				  applications that the Executive Director, the Commission, or the Chair has
				  received and shall promptly distribute the texts to the parties named in
				  Section 10381 if the staff receives the
				  comments either no later than 5 p.m. on the Tuesday following the close of the
				  public hearing, provided that if the Commission votes on an application on the
				  same day as it closes the public hearing, no written comments will be accepted
				  after the close of the public hearing, or prior to such other deadline that the
				  Commission may establish, provided that if an applicant submits and the
				  Executive Director files a nonmaterial amendment to the application less than
				  seven days prior to the close of the period for accepting written comments from
				  the public, the public can submit written comments on the amendment at any time
				  prior to the Commission vote on the amended application and the Executive
				  Director shall reproduce and distribute those comments in the same
				  manner.
(b) The Executive Director
				  shall not reproduce and distribute written communications pertaining to a
				  permit application received later than 5 p.m. on the Tuesday following the
				  close of the public hearing or after such other deadline that the Commission,
				  the Chair, or the Executive Director may establish at the Commission meeting at
				  which the Commission holds the public hearing on the application.
1. Repealer
					 and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For
					 prior history, see Register 80, No. 48.
2. Amendment filed 10-12-89;
					 operative 10-12-89 (Register 89, No. 43).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						65950-
						65957.1
						and
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 4 - Major Permit Procedures: Commission Hearings and Public Comments on Applications › Subchapter 2 - Public Comments on Applications › Section 10431 - Treatment of Similar Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Commission or the Chair receives more than five
					 (5) similar communications, the texts do not need to be reproduced, but the
					 Executive Director shall inform the Commission of the names and addresses of
					 the senders and of the substance of the communications.
1. Repealer
					 and new section filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For
					 prior history, see Register 80, No. 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						65950-
						65957.1
						and
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
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 1 - Staff Recommendations › Section 10500 - Staff Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Director shall prepare a
				  recommendation for presentation at the meeting at which the Commission will
				  vote on an application.
(b) The
				  Executive Director's recommendation shall be in the form of a proposed
				  Commission resolution that complies with Section
				  10501 if it recommends approval or
				  that complies with Section
				  10502 if it recommends
				  denial.
(c) In either case, the
				  Executive Director shall also prepare and present at the meeting at which the
				  Commission will vote on an application a summary of all significant
				  environmental points raised during the process of reviewing the application and
				  a staff response to each of those points.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
					 New subsection (c) and amendment of NOTE filed 2-16-2007; operative 3-18-2007
					 (Register 2007, No. 7).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Sections
						21080.5(d)(2)(D)
						and 29520(a), Public
						Resources Code.