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 11005 - Staff Planning Recommendation

Universal Citation: 14 CA Code of Regs 11005

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Following the final public hearing on the proposed amendment, the staff shall prepare a staff planning recommendation on the proposed amendment.

(b) The staff planning recommendation shall contain:

(1) a summary of comments and responses to all comments on the proposed amendment received either in writing prior to the close of the public comment period or at the public hearing which the staff planning report did not already summarize and respond to;

(2) any revisions to the Executive Director's initial environmental assessment and analysis of the environmental effects of the proposed amendment;

(3) a final recommendation for Commission action on the proposed amendment, which may include approval, modifications, or disapproval of the proposed amendment;

(4) if the proposed amendment involves a change in a water-oriented priority land use boundary description, a recommendation for the precise wording of such change; and

(5) if the Executive Director recommends approval of the amendment in original or modified form, a draft resolution of adoption that conforms to the provisions of Section 11006.

(c) The Executive Director shall mail by first class mail or electronic mail, and shall also make available on the Commission's website, a copy of the staff planning recommendation to all agencies, organizations, and individuals who received a staff planning report and to anyone else who requests in writing to receive a copy of the recommendation. Such mailing shall take place not less than six (6) days prior to the date of the scheduled Commission action on the proposed amendment.

(d) If the staff recommends an amendment that is substantially different from the amendment proposed in the staff planning report, the Executive Director shall prepare and distribute a new staff planning report in conformity to Section 11003 and the Commission shall hold another public hearing no earlier than thirty (30) days after the distribution of the new staff planning report. The Commission shall wait to consider or vote on the Executive Director's recommendation at least fourteen (14) days following the holding of the additional public hearing.

(e) If the Commission does not determine that the staff is recommending an amendment that is substantially different from the amendment proposed in the staff planning report, the amendment being recommended shall be conclusively presumed not to be substantially different.

1. Renumbering and amendment of section 10812 to section 11003 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Renumbering of former section 11003 to section 11005 and renumbering of former section 11005 to section 11007 filed 9-5-91; operative 10-7-91 (Register 92, No. 3).
3. New subsection (b)(2), subsection renumbering, amendment of subsections (d) and (e) and amendment of NOTE filed 2-16-2007; operative 3-18-2007 (Register 2007, No. 7).
4. Change without regulatory effect amending subsections (b)(2) and (b)(6) 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.)
5. Repealer of subsection (b)(2), subsection renumbering, amendment of newly designated subsection (b)(2) and subsection (c) 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: Section 66632(f), 66651 and 66652, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 21080.5(d)(2)(D) and 29202, Public Resources Code.

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