California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 20 - San Francisco Bay Area Seaport Plan
Section 11945 - Seaport Plan Amendments

Universal Citation: 14 CA Code of Regs 11945

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

(a) Resolutions.

1. On April 18, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution No. 96-06, adopting Bay Plan Amendment No. 2-95, modifying the San Francisco Bay Plan and San Francisco Bay Area Seaport Plan policies for marine terminal development and boundaries for port priority use areas.

2. On September 18, 1997, the San Francisco Bay Conservation and Development Commission approved Resolution No. 97-09, adopting Bay Plan Amendment No. 1-97, modifying the San Francisco Bay Area Seaport Plan to remove the port priority use designation from a 220-acre parcel along the Oakland Inner Harbor at the former Alameda Naval Air Station.

3. On March 2, 2000, the San Francisco Bay Conservation and Development Commission approved Resolutions No. 00-01 and No. 00-02, adopting Bay Plan Amendments 1-99 and 3-99, respectively, modifying the San Francisco Bay Plan and the San Francisco Bay Area Seaport Plan to remove the port priority use designation from Encinal Terminals in the City of Alameda.

4. 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.

5. On February 20, 2003, the San Francisco Bay Conservation and Development Commission approved Resolution No. 03-01, adopting Bay Plan Amendment Nos. 2-02 through 5-02 and 7-02, revising San Francisco Bay Area Seaport Plan findings and policies and designations at the Benicia, Oakland, Redwood City, Richmond, San Francisco and Collinsville port priority use areas.

6. On May 4, 2006, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 06-01, approving Bay Plan Amendment No. 1-06, revising the Port of Oakland port authority use area designation in San Francisco Bay Area Seaport Plan Figure 4 and the Oakland Priority Use Boundaries description.

7. On January 18, 2007, the San Francisco Bay Conservation and Development Commission adopted Resolution No. 07-07, approving Bay Plan Amendment No. 3-06, revising the Port of Oakland port priority use area designation in the San Francisco Bay Area Seaport Plan Figure 4 and the Oakland Priority Use Boundaries description.

8. 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.

9. On November 16, 2023, the San Francisco Bay Conservation and Development Commission approved Resolution No. 2023.02 adopting Bay Plan Amendment No. 1-19, a comprehensive update to the San Francisco Bay Area Seaport Plan. The adopted amendment modified the San Francisco Bay Plan policies and Seaport Plan policies for ports as well as the boundaries for port priority use areas in the Cities of Concord, Oakland, Redwood City, Richmond, San Francisco, and the unincorporated community of Selby in Contra Costa County.

(b) Policy Changes.

1. Modify cargo throughput capability analysis to reflect higher potential cargo throughput at existing and future marine terminals.

2. Eliminate the distinction between "long-term" and "near-term" marine terminals and instead use a single designation of "future" marine terminal sites.

3. Prohibit further deletion of sites from port priority use and marine terminal designations until a cargo monitoring process is implemented.

4. Modify requirements for updating the Seaport Plan.

5. Allow interim uses on areas designated for port or marine terminal use to exceed five years. Non-port priority interim uses can be allowed provided they do not impede the eventual use of the area for port uses or marine terminal development. Factors such as the amortization period necessary for investments in interim uses and the expected need for marine terminal development of the port area should be considered in the review of interim uses.

6. Modify container cargo throughput capacity at the Port of Oakland to reflect higher cargo throughput per marine terminal and berth because of operational efficiencies gained by the reconfiguration of the Port's marine terminals and Joint Intermodal terminal.

7. Allow bulk cargo handling in container terminals until needed exclusively for handling container cargo, provided the non-container cargo use would not impair the current or future use of the terminal for container shipping.

8. Allow passenger ferry terminals and ancillary uses in port priority use areas, but not in marine terminals, provided that the development and operations of the ferry facilities do not interfere with ongoing or future port-related uses, and navigational and passenger safety can be assured.

9. Comprehensively update the Seaport Plan policies to remove outdated information and add new topic areas (Bay Plan Amendment No. 1-19).

(c) Port Priority Use Designation Changes.

1. Port of Benicia: Remove long-term marine terminal designation.

2. Port of Oakland: Remove port priority use designation from a triangular parcel northeast of Interstate 880; remove near-term terminal and port priority use designation from the Ship Repair area; and change the "long-term" marine terminal designation at Bay Bridge site to "two-berth future marine terminal" designation.

3. Port of Redwood City: Remove port priority use designation from 106-acre area east of Seaport Boulevard.

4. Port of Richmond: Remove port priority use designation from the ancillary use zone.

5. Port of San Francisco: Remove all near-term marine terminal designations except for one at Pier 94 North, and change that remaining designation to a "future" marine terminal. Remove portions of port priority use area from existing terminals at Piers 48 and 50; remove port priority use area from Piers 52-64; remove portions of the port priority use area from Pier 70; remove port priority use area inland of and between Piers 70-80; remove portions of port priority use area from Pier 80 and Piers 94-96; and remove port priority use designation from Pier 98.

6. Mare Island Naval Shipyard: Remove port priority use designation from entire base. Retain the Mare Island dredged material disposal ponds, which are located in historic baylands, in water-related industry priority use for dredged material disposal and rehandling. The three northernmost ponds could be used to provide wetland habitat for the salt marsh harvest mouse in order to mitigate any potential adverse impacts resulting from the future use of the other seven ponds for dredged material disposal and rehandling.

7. FISCO Alameda Annex: Remove port priority use designation.

8. Fleet and Industrial Supply Center Oakland (FISCO): Retain port priority use designation and add 5-berth future marine terminal designation.

9. Hunters Point Naval Shipyard: Remove all but 55-acre port priority use designation on the southeast portion of the Shipyard.

10. Selby Site: Remove the port priority use designation from the Unocal property. Retain a 60-acre port priority use area and 5-berth marine terminal designation on the Wickland Oil property.

11. Vallejo Site: Remove the port priority use and near-term marine terminal designations from the waterfront.

12. Martinez (Pacheco Creek Sites): Remove port priority use designation from all areas.

13. Alameda Gateway Site (Former Todd Shipyard): Remove port priority use designation.

14. Port of Oakland: Remove port priority use area designation from 174.4 acres of land in the northern part of the former Oakland Army Base. Add port priority use area designation to an approximately 10-acre parcel east of Interstate Highway 880 between 16th Street, West Grand Avenue and Wood Street. Add port priority use area designation to an 11-acre parcel within the Interstate 880 right-of-way under the elevated portion of Interstate Highway 880 adjacent to the 10-acre parcel. Add port priority use area designation to a 30-acre parcel west of Interstate Highway 880 at Seventh Street. Revise the north and east boundaries of the Northern Area of the Oakland Priority Use Area consistent with the changes to the port priority use area designation.

15. Port of Benicia: Remove port priority use designation from 48 acres of Port property, from 30 acres owned by the City of Benicia, and from approximately 80 acres of privately owned property.

16. Port of Oakland: Remove port priority use and two-berth marine terminal designations from Ninth Avenue Terminal.

17. Port of Richmond: Remove port priority use and one-berth marine terminal designations from Terminal 4.

18. Port of San Francisco: Remove port priority use designation from all but approximately 16 acres and remove two-berth marine terminal designation in its entirely from Pier 70.

19. Redwood City: Remove port priority use and one-berth marine terminal designations from former Cargill salt terminal.

20. Collinsville: Remove port priority use designation.

21. Port of Oakland: Delete six acres of port authority use area designation from a parcel 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.

22. Port of Oakland: Relocate 15 acres of port priority use area designation 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.

23. Hunters Point: Remove port priority use and two-berth marine terminal designations.

24. Per Bay Plan Amendment No. 1-19, modify the port priority use designations in the Cities of Oakland, Redwood City, Richmond, and San Francisco to reflect shifts in cargo activity, and remove the port priority use designations in the City of Concord and the unincorporated community of Selby.

Note: Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; San Francisco Bay Plan Parts IV and V; and San Francisco Bay Area Seaport Plan, Introduction, Parts 1 and 2.

Note: Authority cited: Sections 66602, 66611, 66632(f), 66651 and 66652, Government Code. Reference: Section 66652, Government Code; San Francisco Bay Plan Part IV; and San Francisco Bay Area Seaport Plan, Parts I, II, and III.

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