California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Appendices › Appendix F - Application Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 or 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 edge of the
				  Commission's Bay or certain waterway jurisdiction, 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 edge of the Commission's Bay or certain waterway
				  jurisdiction.
* A line 100 feet inland from the edge of the Commission's
				  Bay jurisdiction.
* Any salt ponds, managed wetlands, tidal marshes or tidal
				  flats 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 eight 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 or for projects authorized by a
				  regionwide permit 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 and the
				  National Environmental Policy Act
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.
Other Environmental Documentation.
If any
				  species that is affected by the project is known to be threatened or
				  endangered, or if the California Department of Fish and Wildlife or a federal
				  wildlife agency has determined that a species is a candidate for listing as
				  threatened or endangered, or if any species provides substantial public
				  benefits, provide with the application the results of any consultation on the
				  special status species that is required by federal and state endangered species
				  acts.
If the project will likely result in a "take" of any
				  special-status species under federal or state endangered species laws, provide
				  a copy of the "take authorization".
Provide any required water quality certification or waiver or
				  water quality discharge requirements from the San Francisco Bay Regional Water
				  Quality Control Board.
1. New
				  Appendix F filed 5-18-87; operative 6-17-87 (Register 87, No.
				  30).
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No.
				  18).
3. Amendment of Environmental Documentation section filed
				  1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment filed
				  9-11-2008; operative 10-11-2008 (Register 2008, No. 37).
5. Change
				  without regulatory effect amending and relocating Appendix F from chapter 17 to
				  chapter 24 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.)
Note: Authority cited: Section
					 66632,
					 Government Code; and Section
					 29201(e),
					 Public Resources Code. Reference: Sections
					 65940-
					 65942,
					 66605,
					 66632(b),
					 66632(f)
					 and
					 84308,
					 Government Code; Sections
					 2770,
					 2774,
					 21080.5,
					 21082,
					 21160
					 and
					 29520,
					 Public Resources Code; and the San Francisco Bay
					 Plan.