California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 10 - Amendments to the San Francisco Bay Plan or the Suisun Marsh Protection Plan and Other Planning Matters › Article 1 - Plan Amendments › Section 11008 - Payment of Costs of Processing of an Amendment to a Commission Planning Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever a
				  person, agency, or organization other than the Commission or the Executive
				  Director proposes that the Commission amend any of its planning documents other
				  than deleting a park priority use designation from private property based on an
				  alleged lack of substantial probability that a public entity will be committed
				  to the acquisition of the property within three years beginning on January 1 of
				  the year following the Commission's consideration of the proposed amendment,
				  that person, agency, or organization shall be responsible for paying the
				  Commission's full costs of processing and acting on the application as
				  determined pursuant to this section, provided that the total amount of payments
				  required shall not exceed one hundred and twenty percent (120%) of the
				  estimated total cost as determined by the Commission staff.
(b) At the time of submitting the application
				  required by section
				  11000, any person, agency, or
				  organization required by section
				  11008(a) to pay
				  for the cost of amending the Commission planning document shall execute an
				  agreement that obligates the person, agency, or organization to pay all such
				  Commission costs of processing and acting on the application as determined
				  pursuant to this section.
(c) The
				  agreement required by Section
				  11008(b) shall
				  include in it an estimate of the total cost of the Commission's processing and
				  acting on the application, including the direct costs of all Commission staff
				  time, a reasonable figure for staff overhead, and all consultant costs. The
				  amendment applicant shall not be responsible, and the agreement shall so state
				  explicitly, for the payment of any charges in excess of one hundred and twenty
				  percent (120%) of the estimated cost contained in the agreement.
(d) Before the Commission determines to
				  commence processing the amendment request by adopting and issuing the
				  descriptive notice, the Commission may at the request of the amendment
				  applicant modify downward the estimated total cost of the Commission's
				  processing and acting on the amendment application. If the Commission modifies
				  the estimated cost downward, the agreement between the Commission and the
				  amendment applicant shall be modified to reflect the modified estimated
				  cost.
(e) After the Commission
				  commences processing an application to amend a Commission planning document,
				  the Commission shall submit on a monthly basis to the amendment applicant a
				  bill for the actual costs incurred, including overhead, by the Commission, the
				  Commission's staff, and the Commission's consultants during the preceding
				  month.
(f) The applicant for the
				  plan amendment shall pay the bill received pursuant to section
				  11008(e) within
				  30 days of receipt of the bill. Failure to make full payment on any such bill
				  within 30 days of its receipt shall allow the Commission and the staff to
				  discontinue work on the application until such complete payment has been
				  made.
(g) After either (1) the
				  Commission and its staff completes all work, including voting, on a pending
				  plan amendment application, (2) the applicant formally withdraws the pending
				  application, or (3) the applicant abandons the application, the Commission
				  shall within 30 days bill the applicant for all unpaid costs of processing the
				  application.
(h) If the Commission
				  abandons its consideration of an application to amend a Commission planning
				  document pursuant to section
				  11008(i) or
				  otherwise fails to act on the application, the person, agency, or organization
				  who submitted the amendment application shall remain responsible for paying all
				  of the costs, including overhead, of processing and acting on the application
				  that the Commission incurred prior to the abandonment or failure to
				  act.
(i) Abandonment of a plan
				  amendment application shall occur only when the Executive Director or
				  Commission concludes that no reasonable probability exists that the amendment
				  applicant intends to pursue the application based on all of the circumstances
				  that surround the pending plan amendment application.
(j) Nonpayment of an overdue bill for prior
				  costs associated with a plan amendment application for a period of three months
				  shall constitute evidence that a plan amendment applicant has abandoned the
				  application unless the applicant submits written evidence to the contrary and
				  the Executive Director concludes that the applicant does not intend to abandon
				  the application and that reasonable grounds exist to explain the
				  nonpayment.
(k) A plan amendment
				  applicant may at any time appeal from the amount of funds stated as due in a
				  bill from the Commission staff by submitting in writing within 10 days of
				  receipt of the bill a statement of precisely what the applicant believes is
				  incorrect about the bill, what the amendment applicant believes the correct
				  bill should be, and all documentation that the amendment applicant wants to
				  submit to support his or her contention(s). Thereafter, the Executive Director
				  shall determine within 10 days of receipt of the written appeal whether to
				  grant or to deny the appeal in whole or in part. If the amendment applicant is
				  still not satisfied with the proposed bill after the Executive Director has
				  ruled on the appeal, the applicant may meet with the Chairman to try to resolve
				  the dispute and ultimately present his or her claim to the Commission. The
				  Commission shall be the final arbiter of the fee that the amendment applicant
				  must pay.
1. New
					 section filed 12-1-92; operative 12-31-92 (Register 92, No. 49).
2.
					 Amendment of subsections (b), (e) and (g) and amendment of 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: Sections
						66632,
						66651 and
						66652,
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66652,
						Government Code; and Sections
						29202
						and
						29418,
						Public Resources Code.