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 2 - Voting
Section 10514 - Commission Findings on Permits
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If the Commission vote is consistent with the Executive Director's recommendation, the findings and conclusions contained in the recommendation shall become the Commission's findings and conclusions unless the Commission expressly adopts different or additional findings.
(b) If the Executive Director recommends approval and the Commission approves the application with additional terms or conditions or different terms or conditions than those recommended by the Executive Director, those members of the Commission who voted for approval may state their reasons for requiring the additional or different terms or conditions and any Commissioner who votes for approval who fails to state his or her reasons for requiring the additional or different terms or conditions shall be presumed to have based his or her vote on the testimony or other evidence in the record that supports the Commission's action.
(c) If the Executive Director recommends approval and the Commission denies the application, all members who vote "no" on the application may state their reasons for their "no" vote and any Commissioner who votes to deny the application who fails to state his or her reasons for his or her "no" vote shall be presumed to have based his or her vote on the testimony or other evidence in the record that supports the Commission's action.
(d) If the Executive Director recommends denial and the Commission votes to approve the application, all members who vote "yes" may state their reasons for their "yes" vote and any Commissioner who votes to approve the application who fails to state his or her reasons for his or her "yes" vote shall be presumed to have based his or her vote on the testimony or other evidence in the record that supports the Commission's action.
(e) When the Commission has voted on a permit application in a manner that is not consistent with the Executive Director's recommendation, the Executive Director shall prepare draft findings based on the statements made by those Commission members who voted consistent with the outcome of the vote and on such other testimony or other evidence in the record before the Commission as the Executive Director believes is necessary to support the Commission's decision legally or is otherwise appropriate. The Executive Director shall present proposed findings to the Commission at the meeting following the vote on the application, at which time the Commission shall vote on the proposed findings. Only those Commission members who voted consistent with the prevailing decision may vote on whether or not to adopt the proposed findings. The vote shall be by a majority of those present and voting. If those present and voting do not adopt the proposed findings that the Executive Director has submitted, they can either make such changes as they determine are appropriate and adopt the findings at that meeting or direct the Executive Director to prepare further proposed findings and submit them to the Commission at the next meeting, in which case those who voted consistent with the prevailing decision may again vote on whether to adopt the further proposed findings. This cycle shall continue until the Commission has adopted findings to support its decision.
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
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: Section 66632, Government Code; Sections 29501(a) and 29520(a), Public Resources Code; Sierra Club v. City of Hayward (1981) 28 Cal. 3d 840, 858-60; Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal. 3d 506, 514-17; and Foundation for San Francisco Architectural Heritage v. City and County of San Francisco (1980) 106 Cal. App. 3d. 893, 906-907.
