California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 5 - Major Permit Procedures: Approval or Denial of Permits
Article 1 - Staff Recommendations
Section 10501 - Contents of Resolution of Approval

Universal Citation: 14 CA Code of Regs 10501

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

A resolution granting an application in whole or in part shall:

(a) summarize briefly but completely the project to be approved and any differences from the project described in the application;

(b) authorize the project;

(c) state clearly and briefly the terms and conditions to which the permit will be subject;

(d) state the specific findings of fact that support, as applicable, all of the following conclusions:

(1) that the project conforms to either:
(A) the relevant provisions of California Government Code Sections 66600 through 66661 and the San Francisco Bay Plan if the project comes under the Commission's jurisdiction under California Government Code Sections 66610 and 66632, or

(B) the relevant provisions of California Public Resources Code Sections 29000 through 29612, the San Francisco Bay Plan, and the Suisun Marsh Protection Plan or of the certified local protection program for the Suisun Marsh if the project comes under the Commission's jurisdiction under California Public Resources Code Section 29101, 29500, and 29501.

(2) that the project is consistent with the public trust needs for the area;

(3) that if the Commission is a responsible agency, the lead agency has either (i) determined that the project is statutorily or categorically exempt, (ii) prepared and adopted a negative declaration on which the Commission has relied or (iii) prepared and certified an environmental impact report on which the Commission has relied, and state the basis for any Commission findings made pursuant to Public Resources Code section 21081 and Title 14 of the California Code of Regulations sections 15091(a) and 15093(b); and

(4) that if the Commission is the lead agency, either (i) the Executive Director has determined that the project is statutorily or categorically exempt, (ii) the Executive Director has determined that the project will not have any significant adverse effect on the environment, or (iii) the Commission has prepared an environmental assessment that complies with Section 11521, and state the basis for any Commission findings made pursuant to Public Resources Code section 21081 and Title 14 of the California Code of Regulations sections 15091(a) and 15093(b).

1. Renumbering and amendment of Section 10440 to Section 10501 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Change without regulatory effect amending NOTE 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.)
3. Amendment of section and 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), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66600, 66601, 66602, 66602.1, 66603, 66605, 66632(f) and 66632.4, Government Code; and Sections 21080.1, 21080.5, 21081, 29501(a) and 29520(a), Public Resources Code.

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