Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Resolutions.
1. On September 16, 1999, the San Francisco Bay Conservation and Development Commission approved Resolution No. 99-06, adopting Bay Plan Amendment No. 2-99, revising the Waterfront Park, Beach priority use area at Oyster Point, South San Francisco.
2. On April 6, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-03, adopting Bay Plan Amendment No. 5-99, deleting some descriptive material from Part V of the Bay Plan, moving the remaining descriptive material into Part I of the Bay Plan, modifying Part I to accommodate the material moved from Part V, and moving the policy parts of Part V into Part IV of the Bay Plan.
3. On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, adding a new criterion for Bay fill on publicly owned land to Part IV of the Bay Plan, amending the San Francisco Waterfront Special Area Plan to allow public trust uses on Bay fill under certain circumstances in conjunction with a package of public benefits, clarifying the public access requirements for pier redevelopment projects, and rescinding the San Francisco Waterfront Total Design Plan, Piers 7 through 24.
4. On September 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-07, adopting Bay Plan Amendment No. 2-00, deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
5. On December 7, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-08, adopting Bay Plan Amendment No. 3-00, revising the findings and policies related to dredging, disposal, and beneficial reuse of dredged material set forth in the San Francisco Bay Plan. Revisions to the Findings and Policies of the Bay Plan include, but are not limited to:
(1) a decrease in the disposal of dredged material in the Bay while increasing both the beneficial reuse of dredged material and the use of the federally designated ocean disposal site;
(2) a limit on in-Bay disposal of dredged material for habitat enhancement projects;
(3) the identification of dredged material rehandling facilities as a water related industry;
(4) the deletion of language that encourages dredging additional channels in the Bay; and
(5) selected amendments to Bay Plan maps.
6. On January 4, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-10, adopting Bay Plan Amendment No. 4-00, deleting from and adding to the port priority use area designations at the former Oakland Army Base and the Port of Oakland in the City of Oakland.
7. On March 15, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution 01-02, adopting Bay Plan Amendment No. 5-00, revising the public access findings and policies to provide for maximum feasible public access while protecting wildlife from adverse effects.
8. On July 19, 2001, the San Francisco Bay Conservation and Development Commission approved Resolution No. 01-11, adopting Bay Plan Amendment No. 1-00, creating a new policy section entitled Navigational Safety and Oil Spill Prevention and modified certain findings and policies in the Dredging, Recreation, Transportation and Safety of Fills policy sections regarding navigational safety and oil spill prevention.
9. On April 18, 2002 the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-02, adopting Bay Plan Amendment No. 1-01, updating the marshes and mudflats, fish and wildlife and dredging findings and policies; adding a new policy section on subtidal areas; amending the priority use area designations and Plan Map notes; and changing the terminology in the introductory section from "wildlife area" to "wildlife refuge."
10. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution No. 02-03, adopting Bay Plan Amendment No. 1-02, updating the Bay Plan recreation findings and policies and amending the Plan Map Notes and Plan Map Policies.
11. On October 17, 2002, the San Francisco Bay Conservation and Development Commission approved Resolution 02-04, adopting Bay Plan Amendment No. 6-02, revising the mitigation policies and adding mitigation findings.
12. On June 19, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-02, adopting Bay Plan Amendment No. 8-02, revising the water quality findings and policies. Regulatory provisions in the amendment address tidal flats; conservation and restoration of water surface area and volume to protect and improve water quality; new project siting, design, construction, and maintenance to prevent or minimize discharge of pollutants into the Bay; coordination with other agencies when considering a project in an area polluted with toxic or hazardous substances; support of other agencies in developing nonpoint source pollution control programs; siting and design of new developments so as to be consistent with stormwater permits and stormwater management guidelines and with protection of the Bay; and, use of native vegetation buffer areas as part of a project.
13. On January 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-01, adopting Bay Plan Amendment No. 2-04, adding two findings and two polices regarding the siting and use of desalination facilities to the Other Uses of the Bay and Shoreline section and deleting reference to desalination facility siting in the power plant siting policy in the Other Uses of the Bay and Shoreline section.
14. On August 18, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-05, adopting Bay Plan Amendment No. 3-04, splitting the salt ponds and other managed wetlands section into two separate sections, updating the salt ponds findings and policies, and amending the Plan Map notes, policies, suggestions and priority use area designations regarding salt ponds.
15. On October 20, 2005, the San Francisco Bay Conservation and Development Commission approved Resolution 05-06, adopting Bay Plan Amendment No. 1-05, updating the transportation findings and policies, and amending the Plan Map notes, policies and suggestions regarding transportation and updating the fills in accord with the Bay Plan policies.
16. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06 which amended San Francisco Bay Plan Maps Nos. 4 and 5 and San Francisco Bay Area Seaport Plan Figure 4 by deleting the port priority use area designation from approximately six acres of land on the east side of Interstate 880 in the City of Oakland between West Grand Avenue on the north, 17th Avenue extended to the Interstate 880 Frontage Road on the south, Wood Street on the east and the Interstate 880 Frontage Road on the west.
17. On September 7, 2006, the San Francisco Bay Conservation and Development Commission approved Resolution No. 06-07, adopting Bay Plan Amendment No. 2-06, amending the Bay Plan recreation findings and policies; amending the Bay Plan Map notes, policies and suggestions pertaining to recreation and waterfront park priority use area designations; and amending Resolution 16, fixing the boundaries of waterfront park priority use areas. The adopted amendment revised the recreation findings and policies that apply to all water-oriented recreation facilities, including waterfront parks, beaches, marinas, launch ramps, fishing piers and regional trails.
The Commission's amendment of the Bay Plan recreation policies addressed changes in demographics and the corollary change in recreation demand. The amendment also included policy changes that will affect all sites designated for park priority use, including provision for regional trail systems; beaches; non-motorized small boat access to the Bay, interim uses of waterfront parks; wildlife and habitat protection; natural and cultural resource interpretation; and ensuring that sites that are ideal for a particular recreation activity are made available for that activity.
18. On January 18, 2007, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 07-07, approving Bay Plan Amendment No. 3-06, relocating 15 acres of port priority use area designation in the City of Oakland.
19. On November 1, 2007, the San Francisco Bay Conservation and Development Commission approved Resolution 07-05, adopting Bay Plan Amendment No. 1-07, updating the managed wetlands findings and policies, and amending the Plan Map managed wetland designations. The amended findings and policies include: current descriptions of the uses and distribution of managed wetlands; additional information on the values of managed wetlands, and; continued support of maintaining managed wetlands for waterfowl hunting. The amendment also includes detailed policy guidance for uses of managed wetlands no longer needed for waterfowl hunting including: restoration of managed wetlands to tidal action; retention, enhancement and management of managed wetlands for multiple species, and; development of managed wetlands.
20. On August 4, 2011, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-06, adopting Bay Plan Amendment No. 1-11, amending Bay Plan Map 5. The adopted map change amendment partially modified the inland boundary of the waterfront park priority use area designation at Candlestick Point in San Francisco, California.
21. On October 6, 2011, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-08, adopting Bay Plan Amendment No. 1-08, amending the San Francisco Bay Plan to address climate change. The resolution amended the Tidal Marshes and Tidal Flats findings and policies; added a new Climate Change findings and policies section at the beginning of Part IV "Developing the Bay and Shoreline Findings and Policies"; amended the Safety of Fills findings and policies; amended the Protection of the Shoreline findings and policies; and amended the Public Access findings and policies.
22. On January 19, 2012, the San Francisco Bay Conservation and Development Commission approved Resolution No. 11-13, adopting Bay Plan Amendment No. 2-11. The adopted amendment removed the port priority use area designation from Hunters Point in San Francisco, California.
23. On October 3, 2019, the San Francisco Bay Conservation and Development Commission approved Resolution No. 2019-05, adopting Bay Plan Amendment No. 1-17, which amended the San Francisco Bay Plan by:
(1) amending the Major Conclusions and Policies section;
(2) amending the Fish, Other Aquatic Organisms, and Wildlife findings and policies;
(3) amending the Tidal Marshes and Tidal Flats findings and policies;
(4) amending the Subtidal Areas findings and policies;
(5) amending the Dredging findings and policies; and
(6) amending the Shoreline Protection findings and policies.
24. On October 3, 2019, the San Francisco Bay Conservation and Development Commission approved Resolution No. 2019-06, adopting Bay Plan Amendment No. 3-19, which amended the San Francisco Bay Plan by amending Bay Plan Map 4 to add a policy regarding the Middle Harbor Enhancement Area project in Oakland.
25. On October 17, 2019, the San Francisco Bay Conservation and Development Commission approved Resolution No. 2019-08, adopting Bay Plan Amendment No. 2-17, which amended the San Francisco Bay Plan by:
(1) adding an Environmental Justice and Social Equity section, including findings and policies;
(2) amending the Public Access findings and policies;
(3) amending the Shoreline Protection findings and policies; and
(4) amending the Mitigation findings and policies.
26. On November 5, 2020, the San Francisco Bay Conservation and Development Commission approved Resolution No. 2020-06, adopting Bay Plan Amendment No. 1-20, amending the San Francisco Waterfront Special Area Plan by:
(1) modifying General Policy 10 regarding the mooring of historic ships;
(2) modifying Geographic-Specific Northeastern Waterfront Open Water Basin Policy 3 to allow one additional historic ship at Pier 9 in the Broadway Open Water Basin; and
(3) modifying Georgraphic-Specific Northeastern Waterfront Open Water Area Policy 2 to reduce from four to three the number of new historic ships allowed in Open Water Areas.
(b) Map Changes.
1. Revise Map No. 5 by deleting approximately 37 acres from the Waterfront Park, Beach priority use area designation at Oyster Point, in the City of South San Francisco.
2. Revise Map No. 4 by deleting two references to the San Francisco Waterfront Total Design Plan, Piers 7 through 24 and one reference to recommendations in the San Francisco Waterfront Special Area Plan.
3. Revise Map No. 2 by deleting the water-related industry priority use area designation from the former Pacific Refinery property in the City of Hercules.
4. Map No. 1, Note 9 to include the use of dredged material at Skaggs Island whenever feasible and environmentally acceptable.
Delete policy map Notes "A," "D", and "E" which reference a possible new small boat channel, a new barge channel, and a new shallow draft port respectively.
Add policy map notes identifying the possible use of Bel Marin Keys Unit V and the North Point Property site as wetland restoration sites using dredged material.
Add policy map note identifying the Port Sonoma marina ponds as a regional dredged material rehandling facility.
5. Revise Map No. 2, Note 3 by deleting the priority use designation of the three northernmost ponds of the Mare Island site.
Add policy map notes identifying the possible use of the Cargill Crystallizer ponds and the Wickland Selby site as regional dredged material rehandling facilities.
Add policy map note identifying the Praxis Pacheco site as a dredged material confined disposal site.
6. Revise Map No. 3, Note 3 to include the use of dredged material from the Bay region for wetland restoration and enhancement in Collinsville. A portion of the site may also be used as a regional dredged material rehandling facility for Bay Area projects.
7. Revise Map No. 4 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
8. Revise Map No. 5 to include notes identifying the Port of Oakland Middle Harbor as a habitat enhancement site using dredged material, and the former NAS Alameda as a possible site for dredged material reuse.
9. Delete Map No. 6, Note C to exclude the possible small boat channel just south of Bay Slough in Redwood City.
10. Delete Map No. 7, Note F to exclude the possible shallow draft port at Guadaloupe Slough, Mountain View.
11. Revise Map No. 4 and Map No. 5 by deleting approximately 174.4 acres of port priority use designation from the former Oakland Army Base; deleting reference to the Oakland Army Base; and deleting Map No. 4 Policy 17 and Map No. 5 Policy 2.
12. Revise Maps No. 4 and Map No. 5 by adding port priority use area designation to a 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street; an 11 acre parcel within the Interstate 880 right-of-way adjacent to the 10-acre parcel; and a 30-acre parcel adjacent to and west of Interstate Highway 880 at Seventh Street.
13. Revise Maps No. 1 through 7 by:
(1) updating the wildlife priority use area designations to include state and federal wildlife refuges;
(2) deleting the park priority use area designation and adding a wildlife priority use area designation to Map No. 6 at Bair Island in the Don Edwards San Francisco Bay National Wildlife Refuge;
(3) deleting Map No. 8; and
(4) amending notes identifying wildlife refuges and other areas of significance to fish, other aquatic organisms and wildlife.
14. Revise Map Nos. 4 and 5 by updating Map Notes and Map Policies pertaining to existing and former Bayfront military installations designated for waterfront park priority use; adding vista points; and correcting geographic place names.
15. Revise Maps No. 1, 2, 6 and 7 by:
(1) updating Map Notes, Policies and Suggestions pertaining to salt ponds;
(2) updating the wildlife priority use area designations on Plan Map 2 to include former salt ponds added to Fagan Marsh Ecological Reserve;
(3) deleting a portion of the Menlo Park park priority use area designation on Plan Maps 6 and 7 and designating that portion as a wildlife priority use area and as a salt pond, managed wetland;
(4) deleting two portions of the Coyote Hills park priority use area designation on Plan Map 7 and designating those portions as wildlife priority use areas and salt ponds, managed wetlands; and
(5) correcting one designation on Plan Map 6 and three designations on Plan Map 7 to salt pond, managed wetland.
16. Revise Map No. 4 by moving Commission Suggestion B from an area north of the Richmond-San Rafael Bridge to an area south of the Richmond-San Rafael Bridge and revise Maps No. 1, 2, 4, 5, 6 and 7 updating Map Notes, Policies and Suggestions pertaining to transportation.
17. Revise Maps Nos. 4 and 5 by deleting the port priority use area designation from a six-acre parcel in Oakland east of Interstate 880 bounded on the north by West Grand Avenue, on the east by Wood Street, on the south by 17th Avenue extended to the Interstate 880 Frontage Road, and on the west by the Interstate 880 Frontage Road.
18. Revise Map Nos. 1 through 7 by updating Map notes, policies and suggestions pertaining to recreation and revising waterfront park priority use area designations. The amendment added or revised 36 waterfront park priority use areas, including converting a portion of a water-related industry priority use area in Vallejo to waterfront park priority use and deleting another portion of this water-related industry priority use area.
19. Revise Maps Nos. 4 and 5 by relocating 15 acres of port priority use area designation in Oakland from a parcel bounded by Engineer Road to the north, and West Grand and Wake Avenues to the south to a parcel bounded by existing Oakland port priority use area to the south, and to the north by Maritime Street and a line extending perpendicularly from Maritime Street to the point where West 21st Street intersects the existing priority use area.
20. Revise Maps Nos. 1 and 2 by correcting the designation of one parcel in the North Bay from tidal marsh to managed wetland.
21. Revise Bay Plan Map No. 3 by updating Map notes, policies and suggestions pertaining to the water-related industrial designation at Collinsville, Solano County. Bay Plan Amendment 1-10 deleted an approximately 2,400 acre portion of the water-related industrial priority use area at Collinsville, Solano County.
22. Revise Map No 5 by modifying the waterfront park priority use area designation at Candlestick Point in San Francisco, California. The amendment removed an approximately net 8 acres from the inland portion of the designated area to align with the reconfigured State Recreation Area.
23. Revise Map No 5 by removing the port priority use area boundary from Hunters Point in San Francisco, California.
24. Revise Map No. 4 by adding a policy regarding the Middle Harbor Enhancement Area project in Oakland.
25. Revise Bay Plan Map No. 5 and San Francisco Waterfront Special Area Plan Map 7 by modifying the waterfront park, beach priority use area designation at India Basin in San Francisco. The amendment removed from the designation 17.84 acres inland of the Commission's jurisdiction and 0.06 acres in the Commission's shoreline band jurisdiction.
26. Revise Bay Plan Map Nos. 2 and 3 by modifying the water-related industry priority use area designation at Pacheco Creek, east of Martinez. The amendment removed from the designation 172 acres of land.
1. New chapter 19 (section 11900) and section filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11354.1 (Register 99, No. 46).
2. New subsection (a)2. and new NOTE filed 7-11-2000; operative 7-11-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 28).
3. Editorial correction relettering second subsection (a) to subsection (b) (Register 2000, No. 44).
4. New subsections (a)3. and (b)2. and amendment of NOTE filed 10-30-2000; operative 11-29-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
5. New subsections (a)4. and (b)3. filed 10-30-2000; operative 10-30-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
6. New subsections (a)5. and (b)4.-10. summarizing regulatory provisions adopted by Bay Plan Amendment No. 3-00 filed 1-2-2001; regulatory provisions are approved by OAL and operative 1-2-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 1).
7. New subsections (a)6. and (b)11.-12. summarizing regulatory provisions adopted by Bay Area Plan Amendment No. 4-00 and amendment of NOTE filed 3-20-2001; regulatory provisions are approved by OAL and operative 3-20-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 12).
8. New subsection (a)7. summarizing regulatory provisions adopted by Bay Plan Amendment No. 5-00 filed 5-14-2001; regulatory provisions are approved by OAL and operative 5-14-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 20).
9. New subsection (a)8. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-00 and amendment of NOTE filed 10-3-2001; regulatory provisions are approved by OAL and operative 10-3-2001 pursuant to Government Code section 11354.1 (Register 2001, No. 40).
10. New subsections (a)9. and (b)13. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-01 filed 6-18-2002; regulatory provisions are approved by OAL and operative 6-18-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 25).
11. New subsections (a)10. and (b)14. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-02 filed 12-19-2002; regulatory provisions are approved by OAL and operative 12-19-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 51).
12. New subsection (a)11. summarizing regulatory provisions adopted by Bay Plan Amendment No. 6-02 filed 12-19-2002; regulatory provisions are approved by OAL and operative 12-19-2002 pursuant to Government Code section 11354.1 (Register 2002, No. 51).
13. New subsection (a)12. summarizing regulatory provisions adopted by Bay Plan Amendment No. 03-02 filed 8-14-2003; regulatory provisions are approved by OAL and operative 8-14-2003 pursuant to Government Code section 11354.1 (Register 2003, No. 33).
14. New subsection (a)13. summarizing regulatory provisions adopted by Bay Plan amendment No. 2-04 filed 4-4-2005; regulatory provisions are approved by OAL and operative 4-4-2005 pursuant to Government Code section 11354.1 (Register 2005, No. 14).
15. New subsections (a)14. and (b)15. filed 10-25-2005; operative 10-25-2005 pursuant to Government Code section 11354.1 (Register 2005, No. 43).
16. New subsections (a)15. and (b)16. summarizing regulatory provisions adopted by Bay Plan amendment No. 1-05 filed 12-22-2005; operative 1-21-2006 pursuant to Government Code section 11354.1 (Register 2005, No. 51).
17. New subsections (a)16. and (b)17. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-06 filed 6-30-2006; regulatory provisions are approved by OAL and operative 6-30-2006 pursuant to Government Code section 11354.1 (Register 2006, No. 26).
18. New subsections (a)17 and (b)18 summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-06 filed 11-7-2006; regulatory provisions are approved by OAL and operative 11-7-2006 pursuant to Government Code section 11354.1 (Register 2006, No. 45).
19. Change without regulatory effect amending subsection (a)5. filed 3-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 9).
20. New subsections (a)18. and (b)19. summarizing provisions adopted by Bay Plan Amendment No. 3-06 filed 3-27-2007; regulatory provisions are approved by OAL and operative 3-27-2007 pursuant to Government Code section 11345.1 (Register 2007, No. 13).
21. New subsections (a)19. and (b)20. summarizing provisions adopted by Bay Plan Amendment No. 1-07 filed 1-4-2008; operative 1-4-2008 pursuant to Government Code section 11354.1 (Register 2008, No. 1).
22. New subsection (b)21. summarizing provisions adopted by Bay Plan Amendment No. 1-10 filed 9-16-2011; operative 9-16-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 37).
23. New subsections (a)20. and (b)22. summarizing provisions adopted by Bay Plan Amendment No. 1-11filed 9-28-2011; operative 9-28-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 39).
24. New subsection (a)21. summarizing provisions adopted by Bay Plan Amendment No. 1-08 filed 12-20-2011; operative 12-20-2011 pursuant to Government Code section 11354.1 (Register 2011, No. 51).
25. New subsections (a)22. and (b)23. summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-11 filed 3-28-2012; regulatory provisions approved by OAL and operative 3-28-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 13).
26. New subsections (a)23., (a)24. and (b)24. summarizing regulatory provisions adopted by Bay Plan Amendment Nos. 1-17 and 3-19 filed 12-27-2019; regulatory provisions approved by OAL and operative 12-27-2019 pursuant to Government Code section 11354.1 (Register 2019, No. 52).
27. New subsection (a)25. summarizing regulatory provisions adopted by Bay Plan Amendment No. 2-17 filed 12-27-2019; regulatory provisions approved by OAL and operative 12-27-2019 pursuant to Government Code section 11354.1 (Register 2019, No. 52).
28. New subsection (b)25. summarizing regulatory provisions adopted by Bay Plan Amendment No. 4-19 filed 3-4-2020; regulatory provisions approved by OAL and operative 3-4-2020 pursuant to Government Code section 11354.1 (Register 2020, No. 10).
29. New subsection (b)26. summarizing regulatory provisions adopted by Bay Plan Amendment No. 5-19 filed 6-16-2020; regulatory provisions approved by OAL and operative 6-16-2020 pursuant to Government Code section 11354.1(d) (Register 2020, No. 25).
30. New subsection (a)26. summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-20 filed 12-31-2020; regulatory provisions approved by OAL and operative 12-31-2020 pursuant to Government Code section 11354.1 (Register 2021, No. 1).
Note: Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; and San Francisco Bay Plan, Parts I, III, IV and V.
