California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Appendices
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 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.
