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---------- SAN FRANCISCO BAY MANAGEMENT PROGRAM B.C.D.C. April 1976 111D 1695 S27 M36 1976 AUG 3 1976 MANAGEMENT PROGRAM FOR SAN FRANCISCO BAY by The San Francisco Bay Conservation and Development Commission and the Resources Agency State of California , US Department Of COmmerce N0AA Coastal Services Center Library 2234 South Hobson Avenue Charleston, SC 29405-2413 STATE OF CALIFORNIA EDMUND G. BROWN JR., SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION VAN NESS AVENUE FRANCISCO, CALIFORNIA 94102 PHONE: 557-2686 November 16, 1976 TO: All Participating Federal Agencies and Interested Persons FROM: Charles R. Roberts, Executive Director SUBJECT: BCDC Management Program for San Francisco Bay 1. The PCDC Management Program Accompanying this memorandum is the BCDC Management Program for San Francisco Bay as approved by the Commission on July 15, 1976. The underlined portions represent additions to the previously circulated draft of the program; the lined out portions represent deletions. If you received the draft manage- ment program in a binder with appendices, the approved version should now be inserted in its place. 2. Additinal material The following material also accompanies this memorandum: a. The Governor's transmittal letter. This should be placed at the front of the material in the binder,, so that it immediately precedes the approved management program after insertion. b. An addendum to the management program containing official .1 changes since approval on July 15, 1976. The addendum should be inserted after page 58 of the management program, just before the appendices. c. A list of Federal agencies given an opportunity to participate in the development of the Commission's management program; a summary and analysis of Federal comments and the Commission's response; a supplemental summary and analysis of Federal contents and the Commission's reponse; and copies of the letters received from Federal agencies commenting on the BCDC program. This material should be inserted in the space Provied for Appendix I in the binder containing the draf. d. A summary of the public hearing on the program. This material should be inserted in the space provided for Appendix II in the binder containing the draft. -2- e. The- newly-enacted California Coastal legislation and the Warren-Aqlquqist State Energy Resources Conservation and Development Act. This coastal legislation should be inserted after Proposition 20, and the Warren-Alquist Act should be added at the end of the legal material in Apendix III in the binder containn-I the draft. A new cover sheet for Appendix III is also included. "Memoranda of Understanding (MOU's) between BCDC and the following agencies: the State Lands Comission; the California Department of Transportation; the Bay Area Air Pollution Control District; the State Water Resources Control Board;.and the California Regional Water Quality Control Board for the San Francisco Bay Region. This material should be added as Appendix V at the end of the appendices included in the binder containing the draft program. A cover sheet is also enclosed. U.S. Department of Commerce National Oceanic and Atmospheric AcLministration Coastal Zone Management Program Approval San Francisco Bay Conservation uid Development Conaission Environmental Impact St Iateff @ent Notice of Negative Declaration The Office of Coastal Zone Tvbnaaement (OCZM) of the National Oceanic and Atri-i-ospheric Administration (NOAA) , Departm ent of Conmerce, has received. an application from the San Francisco Bay Conservation and Developm..ent Conunission (BCDC) requesting consideration for approval by the Secretary of Commerce of their Coastal Zone Managment Program as a segment for the ultimate program for the State of California, under Section 306 of the Coastal Zone Management Act of 1972 (CZN14). After a thorough review of. the application and the accompanying environmental impact assessment, the OCZM has concluded that due to the unique nature of the BCDC program, an environmental impact statement is not necessary. The impacts of Secretarial approval upon the BCDC program will be limited to their obtaining the following: * A Section 306 Grant - This grant would help fund the continued implementation of the BCDC program. Such funds will be used for two purposes: first, to update the San Francisco Bay Plan (adopted in 1969), which is the heart of the BCDC program; and second, to provide for more systematic enforcement. * Federal Consistency Powers -Sections 307(c) and (d) of the CZMA stipulate that certain Federal actions and activities must be consistent with approved state manage- ment programs. During implementation of their plan, the BCDC developed working agreements and cooperative relationships with several Federal agencies, which will acquire a legal basis with program approval. As a practical matter, however, these Federal consistency powers should not alter BCDC's current mode of operation. The Council on Environmental Quality (CEQ) guidelines require impact statements for "major Federal actions significantly affecting the quality of the human environment." Implementation of the BCDC. program itself has had a significant impact upon the Bay, its uses, and surrounding population. Using the CEQ guidelines as a basis, however, Secretarial approval will not have a significant impact. Significant actions include those: "The environmental impact of which is likely to be highly controversial." The BCDC was formed in 1965 with the passage of the McAteer-Petris Act. After tiventy-three technical reports and twelve weeks of public hearings, the Commission submitted its completed Bay Plan, which was approved by the legislature in 1969. Because the Bay Plan has-been successfully administered for seven years, Federal approval will make only an incremental impact in its operation. ,That degrade the quality of the environment." Section 66001 of the YcAteer-Petris Act declares that "uncoordinated, haphazard filling in San Francisco Bay threatens the Bay itself and is therefore inimical to the welfare of both present -and future residents of the area surrounding the Bay." The BCDC was created to control impacts to the environment and has a successful record to da@e. The average amotm_t of fill per year has decreased,from 2300 acres prior to 1965 to 29 acres since implementation of the Bay Plan in 1969. "That curtail the range of beneficial uses of the environ- ment." The McAteer-Petris Act (Section 66600) beginsvith the following statement: "The legislature hereby finds and declares that the public interest in the San Francisco Bay is in its beneficial use for a variety of purposes." Thus, the BCDC was created to maintain a range of beneficial uses. "That serve short-term, to the disadvantage of, long-term environmental goals." Section 66602 of the McAteer-Petris Act finds that "The San Francisco Bay Plan should make pro- visions for adequate and suitable locations for all such (water-oriented) uses thereby minimizing the necessity for future bay fill." Thus, it is the mission of the BCDC to plan for these long-term needs. Even without an environmental impact statement on the BCDC program., a major goal.of @MPA -.the consultation process - will be achieved. Consultation is basic to the development of a CZM program. Section 306(c)(1) of the Act calls for "the opportunity of full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, public and private." Coordination on the Federal level is most important. Section 307(b) states, "The Secretary shall not approve the management program submitted by a state pursuant to Section 306 unless the views of Federal agencies principally affected by such program have been adequately considered.it Distribution of the draft program to these agencies also insures their ability to review and comment upon the proposal. Lastly, the BCDC program is but one segment of the whole California program. When the California Coastal Zone Conservation Commission (CCZCC) finishes its program, the two segments will be integrated together. According to Department of Commerce policy, an environmental-impact statement for the entire program will be prepared at that time. In conclusion, the OCZM files this negative declaration, not as a matter of general policy, but because of the unique nature of the BCDC Coastal ',Ianac ogram, inc Zone gement pr luding the following reasons: BCDC was created tolurther the protection of the environment; � The BCDC program has been in full opera-Lion for seven years; � BCDC's history in controlling fill and insuring public access, has been exemplary; and � An environmental impact statement will subsequently be prepared for the State of California, of which BCDC is a segment. T. P. Gleiter Assistant Administrator for Administration Dr. Robert M. White National Oceanic and Atmospheric Administration U. S. Department of Commerce Washington, D. C. 20240 Dear Dr. White: On behalf of the State of California, I am pleased to transmit California's management program for San Francisco Bay prepared by the San Francisco Bay Conservation and Development Commission (BCDC). As you probably know, California was one of the pioneers in coastal zone management in creating BCDC, and we think, BCDC's success has been a major factor in encouraging other coastal zone management efforts, such as 'Uh6 California Coastal Zone Conservation Commission and the Federal Coastal Znt3e MansgomR.nt Art. The BCDC program for the Bay described in this document meets the intent and requirements of the Coastal Zone Management Act (CZMA). I therefore request that the BCDC program be approved as a segment of the California coastal zone management program under Section 306 of the CZMA. I believe that approval of the program for the BCDC segment prior to approval of the remainder of the California program is justified because the Bay continues to be subject to the same unique demands that led to the creation of BCDC in 1965. I have reviewed the BCDC management program for San Francisco Bay, and as Governor, I approve the program and certify to the following: 1. The State, through BCDC and the cooperation and coordination of other governmental agencies, has the required authorities and is presently imple- menting a management program for the segment of the California coastal zone comprising San Francisco Bay and its adjacent shorelands. 2. The State has established, and is operating, the necessary organizational structure to implement the BCDC management program for the BCDC segment of the coastal zone. Dr. Robert M. White Page Two, 3. The California Coastal Zone Conservation Commission is the single designated agency to receive and admin- ister grants for implementing the management program for the BCDC segment of the coastal zone. 4. The State., through BCDC, has the authority to control land and water uses, control development, and to resolve conflicts among competing uses within the BCDC segment of the coastal zone. 5. The State presently uses the method listed in Section 306 (e)(1)(B) of the CZMA for controlling land and water .uses in the BCDC segment of the coastal zone. 6. The State has sufficient power to acquire lands, should that become necessary or desirable to carry out elements of the BCDC manageme-nt program. 7. The State laws cited in the BCDC program have been enacted into law. The San Francisco Bay Plan, which is the core of the Commission's management program for the Bay, is directly enforceable under the provisions of the McAteer- Petris Act. 8. The State's air and water pollution control programs, established pursuant to the Federal Water Pollution Control Act of 1972 and the Federal Clean Air Act, insofar as these programs pertain to the coastal zone, have been made a part of the State's coastal zone manage- ment program. The regulations relating to these programs 0 have been incorporated into the BCDC management program and are the water pollution and air pollution control requirements applicable to the BCDC management program, except to the extent that BCDC and the agency administering these requirements agree on more stringent requirements. 9. The BCDC management program for San Francisco Bay is now an official program of the State of California., and the State., acting by and through BCDC and the other State, regional, and local agencies identified in the program, will continue to mect the intent of the Coastal Zone Management Act of 1-972. 10. The State has provided for the ultimate integration of the BCDC program with the management program for the Dr. Robert M. White Page Three remainder of the California coastal zone. Under the terms of the legislation making the Coastal Commission a permanent agency, BCDC and the Coastal Commission are to present reconLmendations to the Legislature no later than July 1) 1978, on the integration of the two programs. Sincerely, EDMUND G. BROWN, JR. Governor, State of California MANAGEMENT PROGRAM FOR SAN FRANCISCO BAY BY THE SAN FRANCISCO BAY CONSERVATION AND 60 DMLOPMENT COMMISSION AND TIM RESOURCES AGENCY STATE OF CALIFORNIA JulY 15, 1976 The San Francisco Bay Conservation and Development Commission (BCDC) consists of 27 members, who represent Federal, State, and local governments and the general public. The Commission membership is as follows: PUBLIC REPRESENTATIVES Harry A. Bruno, appointed by the Governor Joseph C. Houghteling, appointed by the Governor ,M.rs. Ralph N. Jacobson, appointed by the Governor Earl P. Mills, appointed by the Speaker of the Assembly Ms. Elizabeth Osborn, appointed by the Senate Rules Committee Mrs. Dean A. Watkins, appointed by the Governor FEEDERAL REPRj@SEIITTATTVES Paul DeFalco, Jr., representing the Environmental Protection Agency Col. Henry A. Flertzheim, Jr., representing the U. S. Ar=y Corps of Engineers STATE REPRESENTATIVES Mrs. JoseDh D. Cuneo, representing the Regional Water Quality Control Board Donald L. Lollock reDresentin'g the Resources Agency Sid McCausland, representing the De-oar-v=ent of Finance William F. Northrop, representing the State Lands Commission Ruel A. Sueckl.representing the Department of Transportation LOCAL REPRESENTATIVES CO "11Y (appointed by County Board of Supervisors) Supervisor Warren N. Boggess, Contra Costa County Supervisor Richard Brann, Solano County Supervisor Sam Chapman, Napa County Su-nervisor Fred F. Cooper, Alameda County Supervisor George T. DeLong, Sonoma County Supervisor Quentin L. Kopp, San Francisco County Supervisor Thomas S. Price, Marin County Supervisor Geraldine F. Steinberg, Santa Clara County Suvervisor John M. Ward, San Mateo County CITY (appointed by the Association of Bay Area Governments) Councilman Albert Aramburu, Tiburon Mayor James E. Balentine, Newark Dianne Feinstein, San Francisco Councilman Frank H. Ogawa, Oakland In addition, tvo Legislators are appointed to meet with the Commission and take part in its work to the extent allowed by their position as Legislators. The Legislators appointed to the Commission are: Senator Peter H. Behr Assemblyman John J. Miller MANAGEMENT PROGRAM FOR SAN FRANCISCO BAY Introduction This is an application to the Secretary of,Commerce for approval of the San Francisco Bay Conservation and Development Commission's (BCDC) management program for San Francisco Bay, under Section 306 of the Coastal Zone Management Act of 1972. It is divided into two parts. The first part describes, in general terms, the BCDC management program, including the San Francisco Bay Plan, which is the heart of the BCDC management program. It also describes the BCDC management.program in more detail in terms of the requirements established by the office of Coastal Zone Management for approval of segmented coastal zone management programs under Section 306 of the Coastal Zone Management Act. Part Two comprises several appendices and includes the San Francisco Bay Plan, copies of documents necessary for BCDC to meet Federal requirements, the text of relevant State laws, and other material. Approval of the BCDC management program is a necessary prerequisite for BCDC to receive a Federal grant under Section 306 of the Coastal Zone Management Act to assist in carrying out the BCDC management program for the Bay. These funds will be used to expand BCDC's efforts in several key areas. These include: Development jointly with the California Coastal Zone Conservation Commission of proposals for integrating the BCDC program for the Bay with an approved Coastal Commission program for the remainder of the coast into an overall California coastal zone management program. Development of regional public access and recreation plans to provide more specific guidelines for the loca- tion and development of future shoreline public access and recreation areas. Development of "special area plans" for specific shoreline and water areas within the Commission's jurisdiction. This is a major tool for implementing the Bay Plan in cooperation with local governments. Increase-d surveillance and enforcement capability to monitor compliance with the now numerous outstanding BCDC.permits and to prevent violations of the BCDC C 0 N T E N T S Page PART ONE: CONTENTS OF MANAGEMENT PROGRAM I General Management Policy Statement; Framework of Program Development and Implementation I 1. Major Conclusions and Policies I a. The Bay I b. Uses of the Bay I c. Uses of the Shoreline 1 d. Justifiable Filling 1 e. Effects of Bay Filling 2 f. Pressures to Fill 3 g. Water Quality 4 h. Fill Safety 4 2. Major Plan Proposals 4 3. Carrying out the Plan 5 a. Permit Jurisdiction in the Coastal Zone. 5 b. Management Network 6 4. Further Development of the Management Program 7 5. Relation of the BCDC Management Program to Sections 302 and 303 of the Coastal Zone Management Act 7 Section 306 Requirements 8 1. Boundaries (Section 923-11) 8 a. The BCDC Segment 8 b. Boundaries Outside San Francisco Bay 9 c. Determination of Boundaries of the BCDC Segment of the Coastal Zone 9 (1) Segmentation 9 (2) Biological and Physical Considerations 10 (3) Other Considerations 11 (4) Adequacy of the Boundary of the BCDC Segment 3.2 d. Boundary Location 13 vii Page c. Determination of the Boundaries of the BCDC Segment of the Coastal Zone 8 (1) Segmentation 8 (2) Biological and Physical Considerations 9 (3) other Considerations 10 (4) Adequacy of the Boundary of the BCDC Segment 11 d. Boundary Location 12 e. Excluded Federal Lands 12 f. Other Areas Outside the Coastal Zone 12 g. The Delta 12 2. Permissible Uses in the Bay Plan 14 a. Permissible Uses in the Bay Plan 14 b. Permissible Uses and the National interest 3. Geographic Areas of Particular Concern (Sections 923.12 and 923.16) 16 a. Areas of Particular Concern 16 b. Areas for Presenation and Restoration 16 (1) The Bay Itself 16 (2) Marshes and Mudflats 17 (3) Salt Ponds and Other Managed Wetlands 17 (4) other Areas 17 4. Federal Consultation (Sections 923-32.15, 923-31., and 923.32) a. Facilities of National Importance 18 (1) Facilities for Energy Production and Transmission 18: vii Page e. Excluded Federal Lands 13 f. other Areas outside the Coastal Zone 14 g. The Delta 14 2. Permissible Uses (Sections 923-12 and 923.14) 15 a. Permissible Uses in the Bay Plan 15 b. Permissible Uses and the National Interest 17 3. Geographic Areas of Particular Concern (Sections 923.12 and 923.16) 18 a. Areas of Particular Concern 18 b. Areas of Preservation and Restoration 18 (1) The Bay Itself 18 (2) Marshes and Mudflats 19 (3) Salt Ponds and Other Managed Wetlands 19 (4)- Other Areas 19 Federal Consultation (Sections 923.15, 923-31, and 923.32) 20 a. Facilities of National Importance 20 (1) Facilities for Energy Production and Transmission 20 (2) Re@-,reation (of an Interstate Nature) 20 (3) Interstate Transportation 21 (4) Production of Food and Fiber 21 (5) Preservation of Life and Property 21 (6) National Defense and Aerospace 21 (7) Historic, Cultural, Aesthetic,, and Conservation Values 22 (8) Mineral Resources 22 b. The National Interest in San Francisco Bay 22 c. The BCDC Management Program and Section 307.of the Coastal Zone Management Act 27 5. Public Participation/Intergovernmental Involvement (Sections 923.31, 923-32, and 923.41) 34 a. Membership on the Commission 35 b. The Advisory Committee 36 c. The Planning Process 36 d. The Permit Process 38 ix Page e. Involvement of State, Regional, and Local Government 39 f. State Agencies 4o g. Continuing Involvement of State and Local Agencies 4o 6. Legal Authorities (Sections 923-17, 923.21, 924.24, 923.25, 923.26, and 923.44)(Except as noted, Authorities cited are in Appendix III) 4o a. Permit Control in the Coastal Zone 4o (1) The Bay 41 (2) The Shoreline 41 (3) Salt Ponds and Managed Wetlands 41 (4) Named Waterways 41 (5) The Suisun Marsh 41 (6) Permit Conditions 42 b. State Regulation of Air and Water Quality in the BCDC Segment 42 c. Techniques for Control of Land and Water Uses; Power to Administer Land Use Regulations, Control'. Development and Resolve Conflicts 42 d. Authorities-for Property Acquisition 43 e. Local Regulations and Uses of Regional @enefit 43 7. Organization Networks (Section 923.22) 45 a. Federal Agencies--Primary Roles 4 b. Federal Agencies--Secondary Roles c. State Agencies--Primary Roles 47 (1) The Resources Agency 47 (2) The Department of Fish and Game 47 (3) The State Lands Commission 48 (4) The Regional Water Quality Control Board and the State Water Resources Control Board 48 (5) The Department of Transportation 49 (6) The Department of.Finance 49 (7) The Department of Justice 49 (8) The State office of Planning and Research 49 (9) The Energy Resources Conservation and Development Commission 50 Xi Page d. State Agencies--Secondary Roles 51 (1) The Department of Parks and Recreation 51 (2) The Department of Navigation and Ocean Development 51 (3) The Department of Water Resources 51 e. Regional Agencies 51 (1) The Association of Bay Area Governments (ABAG) 52 (2) The Metropolitan Transportation Commission (NTC) 52 (3) The Bay Area Air Pollution Control District (BAAPCD) 52 f. Local Agencies 53 g. Operation of the Management Network 54 (1) Agency Compliance with the Management Program 54 (2) Water Quality 54 (3) Air Quality 55 (4) Freshwater inflow 55 (5) Ports and Airports 56 8. Miscellaneous (Sections 923.23 and 923.42) 57 9. Segmentation (Section 932.43) 57 PART TWO: APPENDICES 58 Appendix I List of Federal Agencies Comments and Response Appendix II Public Hearings Appendix III McAteer-Petris Act Suisun Marsh Preservation Act and Map Propoaition 20 (California Coastal Zone Conservation Act of 1972) California Emdronmental quality Act The Porter-Cologne Water'Quality Control Act Warren-Alquist,State Energy Resources Conservation and Development Act Xiii Appendix IV San Francisco Bay Plan Amendments No. I and No. 2 Map Amendments Resolution No.-16: Priority Use Areas Special Area Plan No. 1: San Francisco Waterfront Advisory Committee Roster BCDC Priority Planning Work Items BCDC Tentative Proposal for Use of Section 306 Funds Appendix V Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Lands Commission Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the California Department of Transportation Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the Bay Area Air Pollution Control District Memorandum of Understanding between the San Francisco Bay Consi-@riratinn nnr TW%-lopment. Comin:issicn and the State Water Resources Control Board and the California Regional Water Quality Control Board, San Francisco Bay Region XV APPROVAL OF THE SANN FRANCISCO BAY COASTAL ZONE MANAGEMENT PROGRA,,! (CALIFORNIA SEGMENT) The Coastal Zone Management Act of 1972, as amended, hereinafter referred to as the CZMA, authorizes the Secretary of Commerce to make annual grants to any coastal state for the costs of administering a management program, if the program is approved in accordance with Section 306 of the CZMA. The functions of the Secretary of Commerce under the CZMA have been delegated to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) under Department of Commerce Organization Order 25-5A. The functions have in turn been redelegated to the Assistant Administrator of NOAA for Coastal Zone Management under NOi'LN circular 76-82 and 76-33. Sections 306(a), (c), (d), (e) and (h) of the CZ."4A requires that certain findings be made by the Secretary of Commerce orior to approval of a segn-ent management program- The Assistant. Adminis tra tor for Coastal Zone Management, acting for the Secretary, hereby sets rorth the findings on the San Francisco Bay Coastal Zone Management Program (the Program), which is a segment of the,State of California Coastal Zone Management Program, as defined in Section 306(h) of the CZIZLA. These findings should be understood as constituting only part of the other review, comment, participation and technical requirements of the CZMA that have been met by the Program through its planning processes. Demonstration that these and other requirements of the CZMA have been met is contained in the program document. This document is referenced in the Afollowing.findings, as appropriate. Findings__Purs!4ant to Section 306(a) of the CZY--%: The Secretary finds that the program meets the requirements of Section 305(b). In accordance with the provisions of Section 306(a)(1) of the CZ,,1A, the Secretary finds that the Program meets the requirements of Section 305(b),, with the excep t4 on of subsections 305(b)(7), (8) and (9), which requirements do not need to be met until October 1, 1978, or until the Program segment is integrated with the California program segment, whichever occurs later. (1) The management program includes an identification of the boundaries of the coastal zone subject to the management proFram. (303(b)(1)). The boundary includes: all areas of the Bay subject to tidal action, from the south end of the Bay to the Golden Gate, and to the Sacramento River, including all sloughs, marshlands lying between.mean high tide and -2- five feet above mean sea level, tidelands and submerged lands; the first '100 feet.of shoreline inland from the line of highest tidal action or from a line 5 feet above mean sea level in marsh areas, whichever is higher; large areas of open water diked off from the Bay and used.largely for duck hunting and argiculture; those portions of the significant tribu- taries of the Bay that are subject to tidal action, with the exception of the Sacramento and San Joaquin Rivers; and those areas defined as marsh zone and buffer zone in the vicinity of the Suisun Marsh. With the exception of the Suisun Marsh area, this boundary is defined in Section 66610 of the McAteer-Petris Act of 1965, as amended (California .Government-Code, Section 66600, ct seq), hereinafter referred to as the Act, establishing the Bay Conservation and Development Commission (BCDC or the Commission). The boundary is based on biological and physical considerations analyzed during the period 1965-1969, precedent to the establishment of the Commission's area of jurisdiction. The areas of the Suisun Marsh contained in the coastal zone are defined in the Nejedly-tagley-Z'berg Suisun Marsh Protection Act of 1971. The zone excludes "all lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers. or agents." As a segment of the California Coastal Zone, BCDC will exercise policy control over its jurisdiction and its management program prior to integration into a complete state management program. The BCDC boundary includes a geographic area on both sides of the coastal land and water interface. (2) ,The management program includ es a definition of what shall constitute permissible land uses and water uses, within the coastal zone, which have a direct and significant impacton th coastal waters. (Sec. 305(b)(2)). The program includes a definition-of land and water uses subject to planning and management. Any use which involves fill, extraction of materials or any substantial change in use of any water, land or structure within the Commission's jurisdiction, is subject to the Program. The deter- mination of permissible-uses is based on,an assessment that any of the above activities in or near the Bay will have a direct and significant impact on coastal waters. (3) The management proSram includes an inventory and designatio of areas of particular concern within the coastal zone. (Sec. _305(b)(3)). In developing the Bay Plan, the Commission inventoried and considered all 8 categories required by the applicable NOAA regulation (FR 1687, 1/9/75). The Bay Plan maps contain the specific locational designations for the fol- lowing types of areas: Bay marshland; other areas important to fish and wildlife, such-as shellfish beds and important habitats; sites deemed best -3- suited for commerce and recreation, including future marinas, fishing p . iers and other water-related recreational faCL.1ities; managed wetlands, particularly in the vicinity of the Suisun Bay; and salt ponds in North and South Bays. In addition, the Bay Plan designates generalized subsidence and fault zones susceptible to flooding and earthquake hazards as areas of particular concern. State policies governing these areas are contained in.the Bay Plan policies and the Polity Notes on the Plan Maps. (4) The management program includes an identification of the means by which the State proDoses to exert control over land and water uses, including a listing of relevant constitutional provisions, laws and regulations. (Sec. 305(b)(4)). The principal means by which the State proposes to exert control over permissible land and water uses in San 'Francisco Bay and its adjacent shore- line is the McAteer-Petris Act. This legislation established the Commission, gave it exclusive permit authority within.the San Francisco Bay segment of the California coastal zone, and authorized BCDC the power to issue cease and desist orders to enforce the permit requirements. The Act authorizes BCDC to issue regulations to enable it to carry out its functions. Since its creation in 1965, the Couaraission has issued a sizeable number of procedural and interpretative regulations to implement its basic statutory authority. Inasmuch as the Commission has been exercising its permit powers for a number of years, a body of case law has been built up around its permit hearings and decisions. These quasi-judicial decisions form an important part of the Commission's experience in administering the Act. The Suisun Marsh Preservation Act of 1974 (California Fish and Game Code, Sections 1350-1883) enables BCDC to exercise expanded permit jurisdic- tion over the key wetland areas of the Suisun Marsh, pending completion of the Suisun Marsh Protection.Plan and action thereon by the State Legislature. The state relies on the Cali 'fornia Constitution, Article 1, Section 19, and certain implementing statutes (California Civil Procedures Code, Sections 1240-010 and 1240.110) - the state's power of eminent domain - to acquire property where necessary to carry out its management program. This authority also meets the requirements of Section 306(d)(2) of the CZMA- The state will augment BCDC's permit authority by coordination with state and local agencies that either regulate activities outside the CoMM11S_ sion's jurisdiction which may have a direct and significant impact on the Bay or whose own activities may have such imnacts. These coordinate agencies, in turn, administer certain state environmental and energy laws which will specifically serve to augment the permit jurisdictionof BCDC. One such complementary authority is the Porter-Cologne Water Quality Control Act (California Water Code, Sections 13020 et seq). This Act granted-the Regional Water Quality Control Board and the State I-later Resources Control Board exclusive statutory authority over water quality in the state. The Program -4- includes the requirements of the Porter-Cologne Water Quality Control Act as the water quality element of the BCDC management program. Another key state statute that will be exercised in implementation of the Program is the California Environmental Quality Act (California Public Resources Code, Division 13, Sections 21000 et seq). This Act requires the preparation of environmental impact reports (EIRs) by the state and local agencies for projects that may have significant effects on the environment, including zoning changes, amendments to general plans and specific develop- ment proposals along the shoreline. BCDC will- review these reports to assure that parcels which may affect the coastal resources are Used for purposes consistent with priority use designations. Energy facility siting for the Bay coastal zone is addressed by both BCDC and the Energy Resources Conservation and Development Commission, established by the 16'arren-Alquist Energy Resource Conservation and Develop- ment Act of 1972, as aniended (California Public Resource Code, Section 25000 et seq.). L11ost of the sites suggested for power. plants in the Bay area are "grand- fathered" under this Act, meaning chat BCDC retains permit jurisdiction over facilities at these locations, based in part upon comments received of the Energy Commission. For "non-grandfathered" power plants, the BCDC provides the Energy Commission with a written report on the suitability of any site and related facility and findings on the consistency of the proposed facility with the Commission's policies. If, after meeting with BCDC to correct any non-compliance compliance cannot be achieved, the Energy Commission can approve the facility only if it determines that the facility is required for public convenience and necessity, and that there are not more prudent and feasible means of achieving such convenience.and necessity. (5) The management program includes broad guide lines on priorities of uses in 2articular areas, including specifically those uses of lowest priority.- (Sec. 305(b)(5)). Priority uses for areas within the Commission's jurisdiction are identified in the Bay Plan and Plan Maps. These priority uses include, in appropriate locations as noted on the Plan Maps: airports,-roads, bridges, marinas, water-related recreation, Bay-oriented commercial develop- ment, and Bay-oriented public assembly. On the s'hioreline, in priority use areas, only uses consistent with the priority use designation are permissible. outside the priority use areas, priority is afforded those shoreline uses that (a) do not adversely affect the Bay and shoreline, and (b) provide the maximum feasible public access. In salt ponds.and managed wetlands, the Bay Plan policies give priority to protection and continuance of present uses (duck hunting and agriculture for the managed wetlands, and salt production for salt ponds). In the Bay marshland and other areas important to fish and wildlife designated as areas of particular concern, protection of these areas is required. -5- (6) The management program contains a description of the organizati2nal structur.-@_-:,.:-oposed to implement such program, includini, the responsibilities and inter-relationships of local, area-wide, state, regional, and interstate agencies in the management process. (Sec. 305(b)(6)). BCDC has exclusive authority to implement the coastal zone management program within its area of jurisdiction, with the exception of administering the air and water quality standards. (These latter program elements are the responsibility of other state agencies, as discussed below.) BCDC was established in 1965 as a department within the State Resources Agency. The 27-member Commission has been in operation since that time and has continuously exercised its permit authority in the Bay Area pursuant to the Act and the San Francisco Bay.Plan which was adopted by the Commission in 1968 and subsequently enacted by the California legislature in 1969. As indicated above, the-Co=Lission is empowered to issue or deny permits after public hearings, for any proposed project within its jurisdiction and issue cease and desist orders to enforce the Act's permit requirements. Further BCDC is authorized to adopt amendments to or repeal all or any part of the Bay Plan after public hearings and adequate notice. The Executive Director of BCDC, who is in charge of administering the affairs of the Commission, has the authority to issue permits in cases of emergency or for minor improvements. The Director may also issue 30-day cease and desist orders to carry out the Act's permit requirements. The agencies who manage the two excepted elements of the manacement program are the State Water Resources Control Board, the Regional Water Quality Control-Board for the San Francisco Region, and the Bay Area Pollution Control District. BCDC will also cooperate with certain other state agencies, who have authorities in the coastal zone. Many of these agencies, such as the Departments of Conservation, Fish and Game, Parks and Recreation, State Lands Commission and the Energy Commission, are within the umbrella organi- zation of the Resources Agency. These coordinate agencies will, therefore, be subject to the stated policy of the Resources Agency (as expressed in a 3/19/76 letter from the Secretary of Resources) to conduct their activities to the maximum extent feasible in accordance with the BCDC management program. Still other agencies with whom BCDC will continue to cooperate, such as the Department of Transportation, the Association of Bay Area Governments, the Metropo-litan Transportation Commission and the State Office of Planning and Research, are outside of the Resources Agency. BCDC will formalize its working arrangements with these agencies by written agreement or memoranda of understanding. Findings Pursuant to Section 306(c) of the CZMA: (1) The sitate-`@as developedand ndopted a management prUramfor this segrent of the California coastal zone in accordance with rules and regulations promulgated by the Assistant Administrator on behalf ot the Secretary, atter notice, and with the opportunity of full participation by relevant Federal agencies,local governments, regional organizations, port authorities and ,other interested parties, public and private, which is Idequate to carry out the purposes of this title and is .consistent with the policy declared in Section 303 of the .Coastal Zone Management Act. This program has been developed in accordance with and meets the requirements of the applicable rules and regulations (15 CFR Parts 920 and 923) promulgated on behalf of the Secretary. These regulations are derived from and supplement the findings of the CZIHA- By virtue of the fact that the Assistant Administrator is able to make the findings' herein, the program has been developed and adopted in accordance with relevant rules and regulations. Extensive notice to the public and governmental agencies regarding 0 the content of this program was prcvided during the course of development of the Bay Plan, with opportunity provided for full participation by relevant Federal agencies, local governments, regional organizations, port authorities and other interested parties, public and private. During the process of developing the Bay Plan (during the period 1965-1968), 23 technical reports on various resources and use considerations were prepared as were background reports and possible planning conclusions. These were made available to the public and specifically were reviewed by an advisory committee made up of citizens representing various Bay-related interests such as public utilities, conservation, transportation, ports, recreational boating, and design. Prior to formal consideration by the Commission, final reports and tentative planning conclusions and recommendations were widely distributed to Federal, state and local agencies and to the public at large for review and comment. The tentative planning conclusions were subject to-at least 75 public meetings conducted by the Commission. This same procedure was followed in the next step of the program-development of a preliminary plan. The preliminary Plan recommendations were reviewed by the advisory committee and were widely distributed to interested parties. The Commission held at least 25 public hearings at various points around the Bay prior to final adoption of the Plan on September 20, 1968. Full participation by local governments and regional organizations was further*insured by the composition of the Coritmission itself. Of the 27 BCDC members, 12 were county or city officials, including 3 appointed by the Association of Bay Area Governments. -7- State agencies were involved through representation on the Commission and/or through preparation of backgroun@, reports or as key reviewers of background reports prepared by the BCDC 61-aff. The following agencies with the most direct interest in the Bay were represented on the Commission: The Resources Agency, the Department of Transportation, the Department of Finance, the State Lands Commission, and the Regional Water Quality Control Board. During preparation of the Bay,management program, the Commission consulted extensively with numerous Federal agencies with interests or activities *affecting the Bay segment. These agencies included, but were not limited to, the Federal Aviation Administration and the Coast Guard within the Department of Transportation; the Environmental Protection Agency; the Federal Housing Administration within the Department of 'Housing and Urban Development; the General Services Administration; the Maritime Administration within the Department of Commerce; the Bureau of Land Management, the Bureau of @iines, the National Park Service, the Bureau of Outdoor Recreation, the Bureau of Reclamation, and the Fish and Wildlife Service within the Department of the Interior; the Army Corps.of Engineers and the Departments of the Army and the Navy. Further details regarding opportunities for full participation are contained in the program document in the sections entitled Public Participa- tion/intergovernmental Involvement and Federal Consultation. Through the policies and implementing authorities of both the Bay plan and the Bay segment management program, the San Francisco Bay program is consistent with and enhances the national policies of Section 303 of.the CZ@LA by (1) providing for the preservation, protection, development, and where possible, the restoration or enhancement-of the resources of San Francisco Bay-and adjacent shorelands, (2) developing and implementing a management program designed to achieve wise use of coastal land and water resources with full consideration having been given to ecological, cultural, historic, aesthetic and economic develop-mant values, (3) providing a mans (through the Federal consistency procedures) for continued cooperation and participation of Federal agencies with state and local governments involved in the administration of the Program, (4) encouraging the participation of the public, of Federal, state, and local governments and of regional agencies in the development of this program, and (5) encouraging cooperation, through the continued implementation of and adherence to this management program, of various state and regional agencies, particularly regarding environmental problems. (2) The state has: (a) coordinated its program withlocal, and area-wide plans applicable to areas within the coas.tal zone existing on January 1, 1976, the year in-which the segment management.. program was submitted, which plans have been developed by a local government, an area-wide a2ency designated pursuant to regulations established under Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agencv or interstate agency. -8- Since its inception, the Program has been predicated on extensive coordination with existing local and area-wide plans. Section 66631 of the Act required that the Commission shall "to the fullest extent possible, coordinate its planning with planning by local agencies" and "cooperate to the fullest extent possible with the Association of Bay Area Governments." Prior to submission of the management program to NOAA, the Commission circulated the program through A-95 state and local clearinghouses. There were no objections to the program nor were conflicts with local or area-wide plans raised by the'reviewers. (b) established an effective mechanism for continuing consultation and coordination between the Bay Commission and withlocal governments, interstate agencies, regional agencies and area-wide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the purposes of the CZHA. This consultation mechanism provides notice to local governments of any management orogr@im decision that would conflict with any local zoning ordinance, decisio-a or other action, provides for a 110-dav comment period provided an affected local government takes no action that would conflict with the managenent program decision during this same time period, and further provides for a public hearing on comments by affected local governments. Constant and continuing consultation and coordination between the Commission and local units of government has been and will continue to be maintained through inter-related permitting responsibilities. If a project requires a local permit as well as one from the Commission, the applicant is required (pursuant to Section 66632(b) of the Act) to obtain the local permit from the appropriate city council or county board of supervisors before going to BCDC. A loca ,I agency may deny the application or approve it and file a report wilth BCDC within 90 days. The Commission, in ruling on an application, is directed by Section 66632(c) of the Act to give "full consideration" to the report of the local government. Continuing coordination is further assured by utilization of the A-95 clearinghouse review procedure, by review of Environmental Impact Reports pursuant to the California Environmental Quality Act, and Environmental Impact Statements pursuant to the National Environmental Policy Act, and by the requirement for the Commission to hold public hearings prior to adoption of amendments to the Bay Plan and Plan 'Maps. Finally, the first year administrative grant and work program contain matters involving other state agencies, local governments, area-wide and regional agencies and Federal agencies. Changes in the Bay Plan or Plan Maps, including changes in@policies, standards or map designations, would constitute major management program decisions which could conflict with local zoning ordinances, decisions or actions. These changes would constitute amendments.to the Bay Plan and, .as such, would be subject to the provisions of Section 66652 of the Act. These provisions provide for either a 100-day or a 30-day notice period (depending on the nature of the proposed amendment) prior to the holding -9- of a public hearing. No action will be taken by the Commission to implement a proposed amendment until after the public hearing has been held, the views expressed have been considered and a m*,,.:-4ty of Commission members.has voted affirmatively on the amendment. -(3) The Commission has held public hearings in the development of the management program. In addition to the numerous public hearings held during the course of developing the Bay Plan, a formal public hearing on this management program was held in Fairfield on April 15, 1976. While adequate notice of 30 days was provided, a malfunction in reproduction equipment delayed distribution of the program document. To compensate for this delay, comments on the document were accepted up to May 5, 1976. -(4) The management program and anv changes thereto have been reviewed and approved by the Governor. On December 31, 1976, Governor Edmund G. Brown, Jr., approved the Program for the San Francisco Bay and certified that it meets the requirements of the CZMA. -(5) The Governor of California has designated a single agency to receive and administer the grants for implementing the management program. In his letter of December 31, 1976, approving the BCDC management program, Governor Brown certified that: "The California.Coastal Zone Conservation Commission is the single- designated agency to receive and administer grants for implementing the management program for the BCDC segment of the coastal zone." The California Coastal Zone Conservation CorrmUssion, now named the California Coastal Commission, was given this responsibility under the California Coastal Act of 1976. (Section 30330). The administrative grant to be awarded pursuant to the findings contained herein to the California Coastal. Commission will be subcontracted to the BCDC which agency will implement the management progra-m for the Bay segment. (6) The state is organized to implement the-management program required under paragraph 306(b)(1) of the Act. The organization of BCDC, as described in detail above, was prescribed in its enabling law, the McAteer-Petris Act. The Commission has been in existence since 1965 operating pursuant to the requirements'of this Act and the Bay Plan. Experience has proven that it can implement the permit system to regulate development in the Bay Area, which is its major management tool. Other state agencies are used as necessary as described above. (7) The state has the authorities necessary to implement the program, including the aut,i(-;-j.ty required under Subsection.306(d) of the CZ',',IA. The central authority by which BCDC acts to implement its management program is the permit power given to the Commission in the Act. As indicated previously, BCDC has been exercising this authority since its establishment in 1965. The authorities to administer 'Land and water regulations, control development in compliance with the Program,.and to resolve conflicts are discussed more fully in the findings made pursuant to Section 306(d). 0 (8) The Bay segment management program provides for adequate consideration of the national interest involved in planning for, and in the siting of facilities (including energy facilities in, or which significantly affect, such segment's coastal zone) which are necessary to meet requirements which are other than local in nature. The Commission has the means to give consideration-to any applicable interstate energy plan or program. In its planning for the Bay, the Commission has made extensive efforts to consider the national interest in the s4t4ng of facilities. California asked for and received extensive assistance from various Federal agencies in the development of the Bay Plan. In the years since adoption of the Plan, the Commission has developed and maintained ongoing cooperative relationships with those.Federal agencies whose activities have related most directly to the Bay. The Program neither arbitrarily excludes nor unreasonably restricts the siting of facilities in the national interest. To the contrary, the management program addresses national interest siting considerations in a positive manner.. The management program, and in particular the policies of the Bay Plan, recognizes national defense and security as important aspects of the national interest. The Plan 4dentifies waterfront sites suitable for energy-related facilities, such as power plants, refineries, and national energy needs. At the time sites for energy facilities were designated, -- such designations were made on the basis of the best available information as to both resource capabilities and future demand for facilities. There were not then and are not now applicable interstate energy plans or programs to which consideration could be given. However, the Program recognizes that coastal management is a dynamic and continuing process that will require revision and update. -Should interstate energy plans-be developed that apply to this.segment, such plans can and.will be considered in-future revisions to the Program. The Bay Plan policies and maps also reflect the ever-increasing popularity .. of the Bay area as a national -ourist and recreation resource by giving a high priority to facilities for recreational and other public- oriented uses. Other facilities of national importance, such as ports, airports, military bases, Coast Guard facilities, navigational channels, and wildlife refuges have been fully considered and included, as appropriate, in the Bay Plan. M-The management program makes provision for piocedures whereby specific areas may be designated for the purpose of Rreserving 2r restoring them for their conservation, recreational, ecological or esthetic values. The Bay Plan identifies four types of araas to be preserved or restored. These include the Bay itself, for which the Plan policies state the open water of the Bay should be preserved to the maximum extent feasible and, therefore, filling shoulct be limited to the minimum necessary for high- priority, water-oriented uses specified in the McAteer-Petris Act and the Bay Plan. The Act and the-Plan place special emphasis on the preservation of existing marshlands and adjacent mudflats. Fill can be permitted onl! for purposes of providing substantial public benefits and then only if there is no reasonable alternative. Plan policies on salt ponds and other managed wetlands state.that these areas should be prese@ved in their present uses as long as economically feasible. Restoration to tidal action should be considered when and if development is proposed. A major element of the planning for the Suisun Marsh will be the preservation of existing managed wetlands and, where possible, restoration of diked-off areas to either tidal action or greater productivity. Finally, as part of the permit process, the Commission has been requiring that diked-off areas be restored to tidal action as mitigationfor large-scale fills. Findings Pursuant to Section 306(d) of the CL'NL!A: The State,acting through its chosen agency or agencies, including local governments, area-wide agencies designated under Section 204 of the Demonstration Cities and Metropolitan Develooment Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with the management program. Such authority includes the power: (1) to administer land and water use regulations, control development in order-to ensure compliance with the management program, and to resolve conflicts among competing uses; and-, (2) to acq ire fee simple and less than fee simple interest in Tands, waters, and other property through condemnat,ion or other Means when necessary to achieve conformance with the management program. Inherent in BCDC's permit author ity is the authority to administer land and water use regulations within the coastal zone. The power to issue regulations was granted to BCDC in its enabling act and the Commission has exercised this authority since the time of its establishment. BCDC controls development in the coastal zone through a permit system. Under the Act, the Commission can only issue a permit for a project within its jurisdiction if it finds that the project is either (1) necessary to the health, safety or welfare.of the public in the entire Bay area; or, (2) consistent with the provisions of the Act and the Bay Plan. The power to resolve conflicts among competing uses is also inherent in the permit process. These permits can only be approved upon a finding of consistency with the Act and the Bay Plan. The Plan itself established specific policies for permissible land and water uses inthe Bay area. The authority at this time is not necessary to achieve conformance with the management program. However, the Co=dssion does'have available to it the state's property acquisition and condemnation authorities pursuant to the.State Constitution, Article I, Section 19, and certain implementing statutes (discussed core fully in the findings pursuant to subsection 305(b)(4). The approval letter from Governor Brown indicates that the State would exercise these authorities should that become necessary or desirable to carry out elements of the BCDC management program. Findings Pursuant to Section 306(e) of the CZ"A: (1) The prograin provides for the following general technique for control of land and water uses within the coastal zone: (B) Direct state land and water use plaaning and regulation. The approval letter from Governor Broi..,n states that BCDC is using the technique 1-4sted.in Section 306(e)(1)(B) of the CZi'*IA for controlling land and water uses within the coastal zone. ECDC is directly involved in the establishment of detailed land and water use regulations which are then applied to individual cases throu.,7,,h the permit process.. Local governments may adopt their own zoning ordinances but within the BCDC coastal zone, the Commission in effect can overrule the local regulation by denying a permit unless the development is consistent with the management program. (2) The program 2 ovides for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. The management program encompasses a number of techniques for assuring that local reaulations do not unreasonably restrict or exclude land and water uses-of regional benefit. In the first place, the Bay Plan and Maps specifically designate proposed sites for identified uses -13- of regional benefit, including ports, water-related industries, airports, wildlife refuges, water-oriented recreation and water-oriented public assembly. The siting is done in a manner to allow for an adequate number of alternative locations for these uses. At the time the Bay Plan was adopted by the Commission and enacted by the State Legislature as the official regional plan for the Bay Area, local zoning regulations were found to not unreasonably restrict or exclude the Plan's designated sites for uses of regional benefit. The program also provides a mechanism for assuring that local zoning regulations will not in the future unreasonably restrict or exclude land and water uses of regional benefit.* Through its permit authority, BCDC can directly override local zoning decisions which approve development inconsistent with the Bay Plan's regional use designations. The Commission is bound by the mandates of the McAteer-Petris Act to only grant a permit for a project that is in conformance with the ter-as of the Act and the Bay Plan. This permit process will, in effect, assure that no use other than a regional one will be approved for a location appropriately sited on the Bay Maps for a regional facility. This veto power.is strong enough to assure that local governments will not unreasonably impede the provision of regional facilities. In addition to BCDC's permit controls, there is another method of direct state control over regional facilities. The State Energy Resources Commission has the final determination in the siting of energy facilities in the coastal zone. Finally, the program contains a mechanism through which BCDC will be notified of changes in local plans and ordinances that may be inconsistent with the Bay Plan designations. Pursuant to the State Environmental Impact Report (EIR) review process, under the California Environmental Quality Act, BCDC is informed of, and comments on, amendments to local plans and zoning ordinances. At. the present time, no changes in local zoning regulations have been presented that would adversely affect the provision of uses of regional benefit. Findings Pursuant to Section 306(h) of the CZMA: The State.of California adequately provides for the ultimate. coordination of the two segments of its management P12-9-ram into a single, unified program and this unified program will be completed as soon as is reasonably practicable. Pursuant to Section 30410(a) of the California Coastal Act of 1976, the California Coastal Commission (which is the lead agency for administration. and implementation of the remaining segment of the California management program as well as the lead agency to receive and administer grants for the Program) and the BCDC are directed to conduct a joint.review to determine how the program administered by BCDC shall be related to the coastal manage- ment program for the rest of the California coast administered by the California Coastal Commission. Both Commisions are directed to present jointly their recommendations to the California legislature not later than July 1, 1978. -14- This approval of the Bay segment is'based and contingent upon the ultimate approval by the Secretary of Commerce, or her designee, of the action by the State of California to' coordinate the segments of the management program into a single, unified program. C@ As part of their first administrative grant and work program, BCDC has included a work task to identify institutional and substantive differences between the two segmented programs and to recommend alternative approaches to inte-ration for consideration by the two Commissions. This study will include analysis of differences ia-boundaries, policies and institutional arrangements. Findings-.-Pursuant-to Sectiou:,307(f) of the CZ4XA: The requirements-of the Federal Water Pollution Control Act, as_amended,. and the Clean Air Act, as amended, are incorporated into the Bay segment management program and are the water pollution control and air pollution control requirements aD-plicable to the Program. The air and water auality standards established by the Federal Water Pollution Contra! Act and the Clean Air Act are part of the Program and are administered by --.qe State Air Resources Control Board, the Bay Area Air Pollution Control,- District,.and t,,e State and Regional Water Quality Control Boards. -1hese agencies have the primary responsibility under state environmental laws to enforce the Federal standards in their respective jurisdictions. Federal Comments Pri or to making the findings contained herein, the Assistant Administrator, on behalf of the Secretary, adequately considered the views of Federal agencies principally affected by the Program. On May 5, 1976, NOAA distributed copies of the draft Program to prin- cipally affected Federal agencies. The original 45-day,comment period was 4'urther extended to June 30, 1976. Comments were received from a number of Federal agencies. The comments of these agencies and the Commission's response are contained in Appendix I of the program document. Changes to the final program resulting from these comments are reflected throughout the final program document. On November 29, 1976, NOAA again distributed copies of the final Program to principally affected Federal agencies. As of January 28, 1977, official comments had been received from the Department of Defense, the Department of the Interior, the Department of Commerce, the Federal Power Commission, and the Department of Transportation. The majority of comments on the final Program involve questions relating to the use of Memoranda of Understanding (MOUs) as part of the Federal consistency procedures, and the applicability of Section 307(c)(3) of the CZMA to Federal applicants for licenses and permits. In individual responses to Federal agencies, NOAA has made the following points: (1) As explicitly noted in the Program, the MOU process is voluntary. To the extent that two of the primary purposes of the Federal consistency provisions of the CMA are to fostai- .---nd encourage cooperation between Federal and state entities as well as to improve land and water' use management of coastal areas through adherence, by all levels of govern- ment, to approved coastal management programs, then it is to be hoped that Federal agencies will utilize voluntarily those procedures (in this case, MOUs) which a state anticipates will be most effective in adminis- tering their approved coastal management program. (2) At the time the Program was being developed, the final NOAA rules and regulations governing Federal consistency procedures did not (and still not not) exist. In the absence of specific regulations, the BCDC has developed a procedure that the Secretary finds consistent with the intent of Section 307 of the Act. (3) Whatever procedure Federal agencies adopt with respect to notifica- tion regarding activities and projects subject to the provisions of subsections 307(c)(1) and (2) of the CZI-Lh, such procedures should provide BCDC with (a) notification of both the determination of whether or not a proposed project or activity will directly affect the San Francisco Bay area coastal zone, and whether. or not (and how) the proposed project or activity is consistent, to the maximum extent practicable, with the approved management program; (b) notification at the earli'est possible opportunity during the planning o 'f proposed projects and activities; and (c) adequate information in the notification to enable BCDC to assess the two determinations noted in (a) above. (4) Following issuance of final NOAA regulations covering Section-307 of the CZMA, BCDC will refine the consistency procedures and in particular will remove any ambiguity in the present procedures with respect to the applicability of subsection 307(c)(3) consistency requirements to Federal applicants for'Federal licenses or per-mits. In the interim, Federal applicants for Federal licenses or permits will not be required to .obtain state certification approval pursuant to the requirements of subsection 307(c)(3), but the activities or projects for which such Federal licenses or permits are sought are subJect to the notification requirements of subsections 307(c)(1) and (2) of the CZMA. (5) For activities and projects that come within the purview of sub- section 307(6)(l) and (2) of the MI-A, tlhe Federal agency proposing the project or activity makes the-consistency determination, but adequate and timely notification, as discussed in (3) above, must be provided BCDC. For licenses and permits subject to the provisions of subAection 307(c)(3) and for Federal assistance to state and local governments within the purview of subsection 307(d) of the CZMA, BCDC makes the final consistency determination. The Assistant @dministrator has considered and responded to the 'Views expressed by principally affected Federal agencies. This consideration has led to a determination that the views expressed by principally affected Federal'agencies do not constitute serious dis- agreement.nor do they suffice to deny approval of the Program. -16- Having made the findings set forth above, and having determined that the San Francisco Bay Coastal Zone Dfanage@ent Program meets the requirements of the Coastal Zone IManagement Act of as amended, and its implementing regulations, this segment of the California coastal management program is hereby approved on behalf of the Secretary of Commerce. This approval is based upon a finding that the two segmentsof the California coastal manage- ment program will be integrated according to the timetable established in the California Coastal Act of 1976. It shall be reviewed upon completion of this timetable and submission and review of a plan for the coordination and integration of the various segments of the California coastal zone. 6o 77 A aut Date Robert W. Knecht Assistant Administrator for Coastal Zone Management National Oceanic and Atmospheric Administration ..--B= USE OF SECTION N6 Fms,, FEDERAL FISCAL YEAR 1977 *1. -Gene*ral Program suD.Dort -------------------------------------------- 55,961*. Under this category, 3C6 funds will be devoted.to a number of areas that the --Commission has not been able to address because of limitations on State funding. nese areasinclude: -Update of BCDC Planning and Management Library An adequate library and information storage system are essential to coastal @Zone managemeat. For several years,, however.@ BCDC has been unable to systematically .shelve and catalog the vast quantity of material received from various sources. This 1=oblem has now become acute and the Commission proposes to devote a Dortion foif its 306 grant to developing an adequate and up to date planning library.. The - -project will consist of an initial assessment and organization of existing material, --and a projection of future needs. Cost ------------------ 4 53200 b. EquiEment -For some time, it has been apparent that several pieces of office equipment would boost both the productivity and efficiency of the Commission staff. These include a collator, an automatic folder, and an automatic typewriter. Cost ------------* ------- 4,256 C.I. BAY Plan Reprinting -The Bay Plan was printed in 1969 piior to the legislative action making _BCDC a permanent agency. A few of-the recommendations in the Plan were not adopted by the Legislature, and since 1969 there have also been a few amendments to various portions of the printed Plan. Budget constraints, however, have preciuded a complete reprinting of the Plan, and this is now long overdue. Furthermore, it would be desirable to reprint the updated Plan in loose-leaf form to make-it easier to incor- poratle future changes. Cost ------------------- $ 14-PI21 d. Accounting and Monitoring The existing BCDC administrative staff consists of one professional and one secretarial staff member.. Proposed to be added is one additional junior level accountant and a clerk-typist to assist in the record-keeping related to the Section 306 grant. Cost ------ ------------ $ 18,523 e. Legislative Analysis and Monitoring BCDC has, for the first time, adopted a legislative program, which includes BCDC.-sDonsored legislation relating to the protection and preservation of the Suisun Marsh. This prosram will be pursued during the 1977 session of the Legislature. in addition, there are more bills than usual pending that could Af@fect BCDC, such as ...proposed changesin the State permit process and a.aumber of so-called "sunset laws. ff In order to keep abreast of both the Commission's own legislatioa.and legislation that could affect BCDC,, a legal counsel vill,be added to the staff. -A portion of this individual's time would be spent in Sacramento working closely vith the Coastal Commission representative there, and the remainder,would be ..spent at the BCDC office. .f Travel At present, out-of-state.travel at State expense is largely precluded by limits on State funds. As a.result, it has been very difficult for members -of the BCDC staff to attend coastal zone management conferences and similar events when they are not.held in California. Consequently, there is a need for ..Federal funds to be available to permit BCDC to participate in such-conferences -..and the funds requested under this subcategory vi.11 be used for that purpose. ----------- -------- $ 2-1 5001. 2. Permits and Enforcement ------------------ ------------------ ----- 22,867 .Section 306 funds will be used under this category for the personnel and.' -supplies necessary to assure that there is full compliance with the Commission's .management program and with the terms and conditions of Commission permits. Specific tasks to be undertaken iaclude: (1) organization of an efficient enforcement program; (2) identification of alleged violations of the BCDC lav;'(3) coordination of enforce- -meat activities with other concerned agencies; (4) preparation ofreports and recom- mendations; (5) preparation of evidence substantiating possible violations; and (6) monitoring of compliance with enforcement actions. -@Cost -------------- 22,867 3. Ref-inement.of-the-BCDC Management Program and Development of New Program Elements ----------------------------- tr 9/5"-81-9/ The BCDC management program for San Francisco Bay isnow over 10 years old. While the basic thrust of the program remains unchanged, it is clear that refinement is needed. Section 306 funds sought under this,category will be used for this purpose. Furthermore, work should begin on the Energy Facilities Siting, Public Access., and the-Shoreline Erosion elements required to be in place by June 30, 1978. a. Spec ial Area Planning and Network Management BCDC Regulations establish procedures for developing and adopting "special area plans." These plans are intended to be developed in cooperation with local governments and are a significant way that the general, regional policies in the San Francisco Bay Plan are carried out. one such plan has recently been comDleted for the San Francisco waterfront, and others underway for a portion of the water- fronts of the cities of Richmond and Benicia. Furthermore, special area plans ha%re been suggested for the Redwood City area and the Oakland Estuary, and it appears that this planning process will pay an increasingly larger role in the Coz=ission's management program. 1-2 Related-to special'area planning and the need to see the Bay Plan policies -carried out at all levels of government is the operation of the Commission's manage- ment network. Needed here is additional staff to improve the monitoring of activities of-Federal., State., and local agencies affecting the Bay so that these activities will ..be consistent with the Commission's management program to the maximum extent practicable Cost ------------------- $ @7,15i .--b. Public Access and Recreation Planning Section 306 funds.under this subcategory will be used first to update and refine the shoreline land use and resource inventory on which the original Bay Plan .vas based,, primarily for the purpose of developing more detailed guidelines for shoreline public access*and recreation. Included will be data collection, mapping .and analysis of those existing and proposed uses that do, or would, affect public -access and recreational planning for the shoreline. Similar information with regard -to natural features and conditions will also be developed. .Based upon this inventory and analysis, recomm, enda'-ions will be developed for more specific guidelines on both the nature and location of public access at .:various locations around San Francisco Bay. From this information will also be ..developed recommendations to the Commission for updating and refining the park @designations and recreation-policies in the Bay Plan. An.operating definition of the work "beach" will also be developed. This effort will culminate in a study by an outside consultant of various 0 means of implementing both the public access and recreation recommendations, including -consideration of the possible source of funding for shoreline acquisitions. Cost ------------------- $ 33,399 c. Shoreline Erosion. -The California Department of Navigation and Ocean Development, which has the principal responsibility under State law for shore protection, is currently carrying out a state-wide shoreline erosion*study for the.Coastal Commission as part of the latter's effort to meet the 1976 amendmenis of the -Coastal Zone 214anagement- Act. The scope of this study will be expanded to Include San Francisco Bay through the use of a portion of this 306 grant. Cost----.; --------------- $ 10,000 d. Energz Facilities Si@@ Also to meet the requirements of the 1976 amendments to the Coastal Zone Management Act, BCDC will, begin work on the development of an energy facilities sitin- element for the BCDC Management Program. This work will include the addition 0 to the staff of an energ- specialist, a survey of the available information on Qy regional, state and national energy needs, and the development of a work Program for actual preparation of the element. Cost ------------------- $ 25,269 1-3 nt of a Unified State Coastal Zone 15,000 4./Developme . U Management Proglam- Both BCDC and the California Coastal Commission recognize the need for an _4*ntegrated coastal zone management program for California. As a result'. a specific provision was included in the California coastal legislation requiring BCDC and ---the State Coastal Commission to conduct an 18-month study with the objective of ..developing the best way to integrate the two programs. This study will address, --among other things., the significance of the differences in the boundaries of the .two segments of the coastal zone and the differences in policies under which each -agency operates. The boundary analysis will also include the question of the ,...-extent of BCDC jurisdiction over diked wetlands adjacent to coas 'tal waters; From this will emerge tentative recommendations tothe Legislature for consideration by. two Commissions. .The Section 306 funds will be used to fund one-half the expense of a consultant -.-study of the two programs to provide background material on which to base staff --analysis and-recommendations. Cost ------------------- $ 152000 (1/2 of total cost) @_Recapitulation 1. General Program Support --------------------------------------------- 552961 .2. Permits and Enforcement ---------------------------------------------- 22,867, .3. Refinement of the BCDC Management Prbgram ------------------ --------- 95,819 04. Deirelopment of an integrated State Coastal Zone Management Program-- 15,000 @18%647 State Match (20%): In-kind services having -a value of $47,4ip. 1-4 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT. COMMISSION 30 VAN NESS AVENUE -AN FRANCISCO, CALIFORNIA 94102 WPHONE: 557-3686 March 16, 1977 Mr. Bob Knecht Office of Coastal Zone Management Coastal Zone 6, Room 304 Page Building 1 ,.3300-Whi-teha-ven.-S-tr.e-e.t., -N. W_ Washington, D. C. 20235 Dear Bob: This letter will confirm on behalf of the Commission the relation- ship between Section 306(e)(2) ("uses of regional benefit") of the Coastal Zone Management Act.and the Commission's management program for San Francisco Bay. As we noted in the management program, local governments in the Bay Area have not attempted to exclude arbitrarily or unreasonably those uses of regional benefit identified in the BCDC management program. On the contrary, because of the highly urbanized character of the Bay Area and the contribution these uses usually make to local tax bases, there has historically been considerable competition among local governments for such uses. Some salient examples are the rivalries b@6tween the port of San Francisco, Oakland, and Richmond, and between the airports in Oakland and San Francisco. The Commission's role-therefore has been more to resolve competing claims among various local governments to uses of regional benefit so that the uses are located and distributed in a way that minimizes adverse impacts on the BCDC segment of the coastal zone. This role is reflected in the preparation of the Bay Plan between 1965 and 1969. As part of that process, the Commission surveyed the plans, programs, and land use controls of local jurisdictions around the Bay to ensure that the designations of uses of regional benefit--the high-priority, water oriented uses identified in the Plan--were consistent with local plans, programs, and land use controls. Furthermore, this process was repeated in 1970 and 1971, as the Commission fulfilled the requirements 6f one of the 1969 amendments (Section 66611) to the McAteer-Petris Act to define the legal boundaries of the priority use areas in the Plan. To our knowledge, these local plans, programs, and land use controls, with two exceptions, remain consistent with the priority use designations, indicating that the BCDC process for dealing with uses of regional benefit continues to function satisfactorily. Mr. Bob Knecht March 17, 1977 Page Two The two exceptions are Richmond and Benicia, where special area plans are currently. underway to resolve possible conflicts between a priority desig- -nation in the Bay Plan and the desire of the local government_to use a portion of the port area for a marina. This desire, by the way, materialized subsequent to completion of the Bay Plan and the setting of the boundaries .of the priority use areas. Thus far the special area planning process indi- cates that marina uses in both these areas can be accommodated without dif- ficulty.. We hope this letter resolves any remaining concerns with regard to the BCDC management program. --Cordial-ly., CHARLES R. ROBERTS Executive Director CRR/st STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE * SAN FRANCISCO, CALIFORNIA 94102 ,@HONE: 557-3686 March 16, 1977 Mr. Bob Knecht Office of Coastal Zone Management Coastal Zone 6, Room 304 Page Building 1 3300 Whitehaven Street,, N. W. Washington, D. C. 20235 Dear Bob: Enclosed are three copies of the Memorandum of Understanding between the State Water Resources Control Board., the Regional Water Quality Control Board., and BCDC. This is the last of the MOU's that are part of the manage- ment program and should be inserted in Appendix 5 of the program, justafter the MOU between BCDC and the Bay Area Air Pollution Control District. Very truly yours, MICHAEL B. WILMAR Deputy Director 1"MW/ s t D -8 Mou 76 4 197 7 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO, BAY CONSERVATION AND DEVELOPMENT COMMSSION AND THE STATE, WATER RESOURCES CONTROL BOARD AND TEE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION WHEREAS, under the provisions of the McAteer-Petris Act, the San Francisco Bay Conservation and Development Commission (hereinafter "BCDC is charged with the management of San Francisco. Bay and-its adjacent shorelqands, and in particular with preparation, implementation., enforcement., and periodic review of the San Francisco Bay Plan; and s o oroaram for San Franc WHEREAS, BCDC has submitted its management program for San Francisco Bay to the Secretary of Commerce for approval udder Section 3o6 Of the Federal Coastal Zone Management Act of 1972 as a segment of the California coastal zone management program; and WHEREAS,, if the BCDC management program for San Francisco Bay is approved by the Secretary of Commerce, BCDC will be the State agency responsible under the Federal Act for management of that segment of the California coastal zone comprising San Francisco Bay and its adjacent shorelands (the area of existing BCDC permit jurisdiction); and WHEREAS, under the Porter-Cologne Water Quality Control Act., as amended, the State Water Resources Control Board (hereinafter "the State Board") and the nine regional water quality control boards are responsible for preserving and enhancing the quality of California waters (including the waters within the BCDC segment of the coastal zone) and assuring their conservation and most efficient use; and WHE- REAS., under the Porter-Col6gne Water Quality Control Act, as amended, the California Regional Water Quality Control B oard,, San Francisco Bay Region (hereinafter "the Regional Board") has jurisdiction over the State waters and -waters of the United States within the BCDC segment of the California coastal zone; and WHEREAS,, the broad objective of the State and Regional.Boards' water quality cbntrol programs is to achieve and maintain the highest possible water quality in State ii-aters consistent with their use; and WHEREAS., the San FranciscoBey Plan Policies on Water Pollution (page 10) state that water quality in all parts of the Bay should be sufficiently high to permit water contact sports and to provide a suitable habitat for all indigenous and desirable forms of aquatic life,@ andassume this will be achieved, in time, as the result of measures taken in response to* require- 'ments and enforcement proceedings of the-State and Regional Boards; and WHEREAS.., the Bay Plan Policies on Fresh Water, Inflow (page 12, as amended January 4, 1973) recognize that the standards set by the State Board.in Decision, 1379 (the Delta Decision) will, help,maintain adequate fresh water inflow into the Bay., and these policies further recommend that the impact of- diversions.of fresh water inflow into the Bay should be monitored by a:State regulatory agency, such as the State Board; and WHEREAS,, the Coastal Zone Management'Act mandates that the requirement's established,by the State and Regional Boards pursuant to the Federal Water Pollution Control Act, as amended., be,.incorporated into the BCDC management program; THEREFORE., BCDC,, the State Board and the.Regional Board Mutually agree as follows: 1. For purposes of theFederal Coastal Zone Management Act of 1972., the State Board and the Regional Board recognize the.BCDC,Management Program, dated -3- July., 1976, as the State management program for the BCDC segment of the California coastal zone, which comprises San Francisco Bay and its adjacent shorelands (the area o.f.existing BQDC permit jurisdiction), and mill comply with., and exercise their regulatory authority to assist in carrying out,,the BCDC Management Program to the maximum feasible extent. 2. BCDC recognizes that the State Board and the Regional Board are the State agencies with primary responsibility for the coordination and control of water quality in San *Franc,isc'o Bay. BCDC further recognizes that the State Board has primary responsibility for the administration of water rights pursuant to applicable. law. .3. As required by Section 307(f) of the'Coastal Zone Management Act,.BCDC agrees to incorporate into any Management Program for the San Francisco.Bay the appropriate provisions of any water quality control plan or policy adopted or, a-o-oroved by the State Board. pursuant to provisions of the California Water Code. -Such plans and..policies shall serve as the water quality management segment of the BCDC program or plan. 4. In carrying out.its management program for the Bay, BCDC will, to the maximum feasible extent, exerci*se its poviers and responsibilities.under the McAteer-Petris'Act to further the water quality objectives of the State and Regional Boards, including 'observing the following special procedures: (a) BCDC will forward to the Regional Board for review and comment copies of all applications requiring a public hearing before BCDC, Except in unusual circumstances, the Regional Board will comment on such applications within 21 days, and copies of all such comments will be distributed to BCDC members prior to a vote on the application. To the maximum extent feasible,, BCDC will.incorporate recommendations of the.Regional Board.into any permit issued by BCDC, or into any resolution denying such a permit. (b) As a standard condition in all BCDC permits, BCDC will require compliance with-the requirements ofther Regional Board. 5. BCDC may participate in all proceedings of the State and Regional Boards relating to water quality in San Francisco Bay or in the Delta. In the event BCDC participates in any such proceedings., it shall be afforded full opportunity to present evidence and-examine and cross-examine witnesses. 6. This memorandum of understanding shall become effective upon execution by all parties thereto. ST WATER RESOURCES CONTROL BOARD Executed on By: BILL B ENDY Executive Officer CALIFORNIA REGIONAL WATER QUALITY A Executed on February 2, 1977 BY: FREDERICK H. DIERKER Executive Officer SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION Executed on BY: RTS CHARLES R ROBE Executive Director. GOVERNOR'S OFFICE SACRAMrNTO 958T4 EDMUND G.. BROWN JR. 916/445-2843 GOVERNOR DEC 3 1 1976 .Dr.,.Robert H. White National Oceanic and Atmospheric Administration U. S. Department of Commerce. Washington, D.C. 20240 Dear Dr. white: On behalf of the State of Californiar I am pleased to transmit California's management program for San Francisco Bay prepared by the San Francisco Bay Con- servation and Development Commission (BCDC)i As you probably know, California was one of the pioneers in coastal zone management in creating BCDC; and we think BCDC's success has been a major factor in encouraging nf-hom@r fornia Coastal Zone Conservation Commission and th,,-;@. Federal Coastal Zone Management Act. The BCDC program for the Bay described in this document meets the-intent and requirements of the Coastal Zone Management Act (CZMA). I therefore r-equest that the BCDC program be approved as a segment of the Califor- nia coastal zone management program under Section 306 of 1%the CZMA. I have reviewed the BCDC management program for San Francisco Bay, and as Governor, I approve the program and certify to the following: 1. The'State, through BCDC and the cooperation and coordination of other governmental agencies, has the required authorities. and is presently implementing a management program for the segment of the Californ ia coastal zone comprising San Francisco Bay and its adjacent shorelands. .2. The State has established, and is operating, -_4 the necessary organizational structure to implement the BCDC management program for the BCDC segment of the coastal zone. Dr.. Robert H. White -2- 3. The California Coastal Commission is the single designated agency to receive and administer grants for implementing the management program for the BCDC segment of the coastal zone. 4. The,State, through BCDC, has the authority to control land and water usesp control development, and resolve conflicts among competing uses within the BCDC segment of the coastal zone. 5. The State presently uses the method listed in Section 306 (e) (1) (B) of the CZIAA for controlling land and water uses in the BCDC management program. 6. The State has sufficient power to acquire should that become necessary or desirable to carry out elements of the BCDC management program.' 7. The state laws cited in the BCDC@program have been enacted into law. The San Fr.ancisco,Bay Plan, which is the core of the.Commission's management program for the Bay, is directly enforceable-under the provisions of the 14cAteer-Petris Act. 8. The State's air and water pollution control programs, established.pursuant to the'Federal. Water Pollution Control Act of '1972 and the Federal Clean Air Act, insofar as these programs pertain to the coastal zoneg have been made a part of the State's coastal zone management program. The regulations relating to these programs have,been incorporated into the BCDC management program and are the water pollution and air pollution control requirements applicable to the BCDC management program, except to the extent that BCDC and the agency admin- i,stering these requirements agree on more stringent requirements. I_4k Dr. Robert M. White -3- 9. The BCDC management program for San Francisco Bay is now an official program of the State of California; and the State, acting by and through BCDC and the other state, regional, and local agencies identified in the program, will continue to meet the intent of the Coastal Zone Management Act of 1972. 10. The State has provided for the ultimate integration-of the BCDC program with the -management program for the remainder of the California coastal zone. Under the terms of the legislation making the Coastal Commission a permanent agency, BCDC and the Coastal Commission are to present recommendations to the Legisla- ture nolater than July 1, ISL78 on the .integration of the two progrants. Sinc�r,%lyp D BROWN JR. Governor ADDENDUM TO MANAGEMENT PROGRAM FOR SAN FRANCISCO RAY BY THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION STATE OF CALIFORNIA November 16, 1976 The following revisions have been made by the Commission in the. management progran since its adoption on July 15, 1976: 1. Boundaries of the Cos;stal Zone on page 9 of the Pro-ram, delete the quoted definition of the boundaries of. the coastal zone outside San Francisco Bay and substitute the following: ""'Coastal zone" means that land and water area of the State of California from. the ore-on border to the border of the Republic of Mexico, &pecified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division., extending seaward to the state's outer limit of jurisdiction, including all offshore islands., and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine,- habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards .... "' This boundary was determined by the State Legislature on the basis of the recommendation of the California Coastal Zone Conservation Commission after four years of study culminating in the California Coastal Plan, and it appears in Section 30103 of the newly enacted coastal legislation. 2. Determination of the Boundaries of the BCDC Segment of the Coastal Zone On page 10, last line of the first paragraph, add the following sentence: "This recommendation was accepted by the Legislature and the newly enacted coastal legislation requires BCDC and the Coastal Commission jointly to undertake such a study. The deadline for submission of the study to the Legislature is July 1, 1978." 3. Excluded Federal Lands On Pages 13 and 14, the following paragraph should be substituted for the paragraph beginning at the bottom of page 13 and carrying over to page'llf- "Although th--'-- interpretation of Section 304(a) was more liberal than that reco-mmended by the Office of Coastal Zone Ma-a:7erent and resulted in the exclusion of ncerly all Federal lands of any significance in the BCW. sec;.-nent of the coastal zone, several Feder'al agencies, including those -winose lands were clearly excluded in the draft manag(:.,n,@-nt program, continued to interpret C, the Federal Act as requiring the exclusion of all Federal regardless of jurisdictional status. In the raleantime, the Office of Coastal Zone Manage- ment requested an opinion from the U. S. Attorney General in an attempt to clarify this point. "That opinion has now been rendered. While the Commission does not fully agree with the conclusions therein, the Con-mission will abide by that opinion in the administration of its management program until such time-as it is overturned in court or Section 304(a) is changed by Congress. Therefore, all 'lands the use of which is by law subject solely to the dis- cretion of or which is held in trust by the Federal Government, its officers, or agents' are excluded from the BCDC segment of the coastal zone. According to the Attorney General of the United States, this means all lands owned by the United States." 4. The Delta On page 14, seventh line from the bottom, delete the words "Proposition 20" and add the words "the newly enacted coastal legislation." 5. Plannina'-fr,@F-A---:0 On page 25, the first full paragraph, beginning with the word "Orn," should be deleted in its entirety, and the following language substituted: C> "This exclusion has been interpreted by the Attorney General of the United States to mean all lands owned by the United States. The Commission will abide by this opinicn in the administration of its management program until such time as it is overturned in court or Section 304(a) is changed by Congress." 6. The BCDC Management Program and Section 307 of the Coastal Zone Management Act a. on page 28, fifth line of the second paragraph, add the following sentence after the sentence ending vith the word "Act": "This interpretation has now been largely confirmed by the United States Attorney General." b. On page 28, delete the first sentence of the third paragraph, and substitute the followina sentence: "In light of the Attorney General's opinion interpreting the scope of the excluded Federal lands clause in Section 3o4(a), the Co--nission h'as decided to exclude from the BCDC segment of the coastal zone all lands owned by the United States." C. On page 28, fourth paragraph, fifth line, add the following after. the vord "pro:;rsm": "(except to the extent that their activities. affect ar:--,as inclU'ded within the coastal zone)-,' -2- d. On page 29, second full paragraph, first line, delete the words fluntil the excluded Federal lands issue is clarified." e. on page 30, delete the second to last sentence in subsection f. On page 31, delete the last sentence in subs eCtion (3). 7. State Agencies--Primary Roles. On pages 50 and 51, delete the paragraph beginning at the bottom of page 50 and continuing over to the top of page 51 and substitute the following paragraph: "In the,event 'non-grandfathered' power plants are proposed for sites affecting San Francisco Bay, the Commission will follow the procedures prescribed in Chapter 6 of the Warren-Alquist Energy Resource Conservation and Development Act (the Warren-Alquist Act). These include BCDC analysis of notices of intent to file applications with the Energy Commission for any site and related facility within the watershed of San. Francisco Bay to the eastern limit of BCDC permit jurisdiction.. The Bay Commission will provide the Energy Commission with a. written report on.the suitability of any site and related facility proposed for this area and specifically find -whether or not the proposed. facility and site would be consistent with the Commission's manage- ment program for San Francisco Bay. As required by Sections 25512 and 25514 of the Warren-Alquist Act, these findings and conclusions will be included in the Energy Commission's. preliminary report on the notice of intent and in the final report on the con- formity of alternative sites and related facilities designated in the notice.. "The Warren-Alquist Act further provides that when an application is filed for certification of a site and related facility, and the site and related facility' are not in compliance with the McAteer-Petris Act and the Bay Plan, the Energy Commission must meet with BCDC to attempt to correct the non-compliance. If compliance cannot be achieved, the Energy Commission can approve the facility only if it 'determines that the facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving such convenience and necessity." ZIP. 8 Miscellaneous On Page 57, delete the entire remaining paragraph under Section 8 and substitute the following: "The California Coastal Commission has been designated the single State agency that will be fiscally and programatically responsible for receiving and admiistering grants under Section 306 to implement this management program." 9. Appendix I: Summary of Federal Comments and Response In the Comission's general response to the many Federal comments relating to the excluded Federal lands issue, there are several statements premised on the fact at the Attorney General had not rendered his opinion on this issue. Now that' the Attorney General's opinion is out, anything in the Commission's response that is inconsistent with the statements in this addendum on this issue should be disregarded. Also the phrase on page 3 of the Commission's response, second full aragraph, lines six and seven, "to obtain a certification from the Commission" hould be deleted, and the following substituted: "to obtain the Commission's concurrence in their certification." -4- MANAGEMENT PROGRAM FOR SAN FRANCISCO RAY BY THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPM@NT COMMISSION TEE RESOURCES AGENCY STATE OF CALIFORNIA July 15, 1976 The San Francisco Bay Conservation and Development Commission (BCDC) consists of 27 members., who represent Federal, State, and local governments and the general public. The Commission membership is as follows: PUBLIC REPRESENTATIVES Harry A. Bruno, appointed by the Governor Joseph C. Houghteling, appointed by the Governor 'Mrs. Ralph N. Jacobson, appointed by the Governor Earl P. Mills, appointed by the Speaker of the Assembly Ms. Elizabeth Osborn, appointed by the Senate Rules Committee Mrs. Dean A. Watkins', appointed by the Governor FEDERAL REPRESENTATIVES Paul.DeFalco,.Jr., representing the Environmental Protection Agency Col. Henry A. Flertzheim, Jr., representing the U. S. Army Corps of EnIal-Ineers STATE REPRESENTATIVES Mrs. Joseph D. Cuneo, representing the Regional Water Quality Control Board Donald L. Lollock, representing the Resou--ces Agency Sid McCausland, representing the Department of Finance C) William F. Northrop, representing the State Lands Commission Ruel A. Speck,.representing the Department of Transportation LOCAL REPRESENTATIVES COUNTY (appointed by County Board of Supervizors) Supervisor Warren N. Boggess, Contra Costa County Supervisor Richard Brann, Solano County Supervisor Sam Chapman, Napa County Supervisor Fred F. Cooper, Alameda County Supervisor George T. DeLong, Sonoma County Supervisor Quentin L. Kopp, San Francisco County Supervisor Thomas S. Price, Marin County Supervisor Geraldine F. Steinberg, Santa Clara County Supervisor John M. Ward, San Mateo County CITY (appointed by the Associationof Bay Area Governments) .Councilman Albert Aramburu, Tiburon Mayor James E. Balentine, Newark Dianne Feinstein, San Francisco Councilman Frank H. Ogawa, Oakland In addition, two Legislators are appointed to meet with the Commission and take part in its work to the extent allowed by their position as Legislators. The Legislators appointed to the Commission are: Senator Peter H. Behr Assemblyman John J. Miller MAXAGEMEVT PROGRAM FOR SAN FRANCISCO RAY Introduction This is an application to the Secretary of Commerce for approval of the San Francisco Bay Conservation and Development Commission's (BCDC) management program for San Francisco Bay, under Section 306 of the Coastal Zone Management Act'off' 1972. It is divided into two parts. The first part describes, in general terms, the BCDC management program, including the San Francisco Bay Plan, which is the heart of the BCDC management program. 'It also describes the BCDC management,program. in more detail in terms of the requirements established by the office of Coastal Zone Management for approval of segmented coastal zone management programs under Section 306 of the Coastal Zone Management Act. Part Two comprises several appendices and includes the San Francisco Bay Plan, copies of documents necessary for BCDC to meet Federal requirements, the text of relevant State laws, and other material. Approval of the BCDC management program is a necessary prerequisite for BCDC to receive a Federal grant under Section 306 of the Coastal Zone" Management Act to assist in carrying out the BCDC management program for the Bay. These funds will be used to expand BCDC's efforts in several key areas. These include: Development. Jointly with the California Coastal Zone Conservation Commission of proposals for integrating the BCDC program for the Bay with an approved Coastal Commission program for the remainder of the coast into an overall California coastal zone management program. Development of regional public access and recreation plans to provide more specific guidelines for the loca- tion and development of future shoreline public access and recreation areas. Development of "special area plans" for specific shoreline and water areas within the Commission's jurisdiction. This is a major tool for implementing the Bay Plan in cooperation with local governments. Increased surveillance and enforcement capability to monitor compliance with the now numerous outstanding BCDC permits and to prevent vi6lations of the BCDC law. V, C 0 N T E N T S Page PART ONE: CONTENTS OF MANAGEMENT PROGRAM 1 General Management Policy Statement; Framework of Program Development and Implementation I 1. Major Conclusions and Policies 1 a. The Bay 1 b. Uses of the Bay 1 c. Uses of the Shoreline 1 d. Justifiable Filling I e. Effects of Bay Filling 2 f. Pressures to Fill 3 g. Water,Quality 4 h. Fill Safety 4 2. Major Plan Proposals 4 3. Carrying out the Plan 5 a.; Permit Jurisdiction in the Coastal Zone 5 b. Management Network 6 4. Further Development of the Management Program 7 5. Relation of the BCDC Management Program to Sections 302 and 303 of the Coastal Zone Management Act 7 Section 306 Requirements 8 1. Boundaries (Section 923.11) 8 a. The BCDC Segment 8 b. Boundaries Outside San Francisco Bay 9 c. 'Determination of Boundaries of the BCDC Segment of the Coastal Zone. 9 (1) Segmentation 9 (2) Biological and Physical Considerations 10 (3) Other Considerations 11 (4) Adequacy of the Boundary of the BCDC Segment 12 d. Boundary Location 13 vii Page e. Excluded Federal Lands 13 f. Other Areas Outside the Coastal Zone 14 g. The Delta 14 2. Permissible Uses (Sections 923.12 and 923.14) 15 a. Permissible Uses in the Bay Plan 15 b. Permissible Uses and the National Interest 17 3. Geographic Areas of Particular Concern (Sections 923.12 and 923-16) 18 a. Areas of Particular Concern 18 b. Areas of Preservation and Restoration 18 (1) The Bay Itself 18 (2) Marshes and Mudflats 19 (3) Salt Ponds and Other Managed Wetlands 19 (4)- other Areas 19 4. Federal Consultation (Sections 923-15, 923-31, and 923.32) 20 a. Facilities of National Importance 20 (1) Facilities for Energy Production and Transmission 20 (2) Recreation (of an Interstate Nature) 20 (3) Interstate Transportation 21 (4) Production of Food and Fiber 21 (5) Preservation of Life and Property 21 (6) National Defense and Aerospace 21 (7) Historic, Cultural, Aesthetic, and Conservation Values 22 (8) Mineral Resources 22 b. The National Interest in San Francisco Bay 22 c. The BCDC Management Program and Section 307 of the Coastal Zone Management Act 27 5. Public Participation/Intergoverrimental Involvement (Sections 923-31, 923-32, and 923.41) 34 a. Membership on the Commission 35 b. The Advisory Committee 36 c. The Planning Process 36 d. The Permit Process 38 2-X Page e. Involvement of State, Regional, and Local Government 39 f. State Agencies 4o g. Continuing Involvement of State and Local Agencies 4o 6. Legal Authorities (Sections 923-17, 923.2i, 924.24, 923.25, 923.26, and 923.44)(Except as noted, Authorities cited are in Appendix III) 4o a. Permit Control in the Coastal Zone 4o (1) The Bay 41 (2) The Shoreline 41 (3) Salt Ponds and Managed Wetlands 41 (4) Named waterways 41 (5) The Suisun Marsh 41 (6) Permit Conditions 42 b. State Regulation of Air and Water Quality in the BCDC Segment 42 c. Techniques for Control of Land and Water Uses; Power to Administer Land Use Regulations, Control Devellopment'and Resolve Conflicts 42 d. Authorities for Property Acquisition 43 e. Local Regulations, and Uses of Regional @enefit 43 7. organization Networks (Section 923.22) 45 a. Federal AgenQies--Primary Roles 44' b. Federal Agencies--Secondary Roles 46 c. State Agencies--Primary Roles 47 (1) The Resources Agency 47 (2) The Department of Fish and Game 47 (3) The State Lands Commission 48 (4) The Regional Water Quality Control Board and the State Water Resources Control Board 48 (5) The Department of Transportation 49 (6) The Department of Finance 49 (7) The Department of Justice 49 (8) The State Office of Planning and Research 49 (9) The Energy Resources Conservation and Development Commission 50 Page d. State Agencies--Secondary Roles 51 (1) The Department of Parks and Recreation 51 (2) The Department of Navigation and Ocean Development 51 (3) The Department of Water Resources 51 e. Regional Agencies 51 (1) The Association of Bay Area Governments (ABAG) 52 (2) The Metropolitan Transportation Commission (NEC) 52 (3) The Bay Area Air Pollution Control District (BAAPCD) 52 f. Local Agencies 53 g. Operation of the Management Network 54 (1) Agency Compliance with the Management Program 54 (2) Water Quality 54 (3) Air Quality 55 (4). Freshwater Inflow 55 (5) Ports-and Airports 56 8. Miscellaneous (Sections 923.23 and 923.42.) 57 9. Segmentation (Section 932.43) 57 PART TWO: APPENDICES 58 Appendix I List of Federal Agencies Comments and Response Appendix II Public Hearings Appendix III McAteer-Petris Act Suisun Marsh Preservation Act and Map Propoaition 20 (California Coastal Zone Conservation Act of 1972) California Environmental Quality Act The Porter-Cologne Water Quality Control Act Warren-Alquist State Energy Resources Conservation and Development Act Xiii Appendix IV San Francisco Day Plan Amendments No. 1 and No. 2 Map Amendments Resolution No. 16: Priority Use Areas Special Area-Plan No. 1: San Francisco Waterfront Advisory Committee Roster BCDC Priority Planning Work Items BCDC Tentative Proposal for Use of Section 306 Funds AppendixV Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Lands Commission Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the California Department of Transportation Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the Bay Area Air Pollution Control District Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Water Resources Control Board and the California Regional Water Quality Control Board, San Francisco Bay Region xv PART ONE: CONTENTS OF MANAGEMENT PROGRAM General Management Policy Statement; Frame-work of Program Development and Implementation The heart of the Commission's management program for San Francisco Bay is the San Francisco Bay Plan (see Appendix IV). In it, the Commis- sion has stated its findings and policies for the conservation, management, and development of San Francisco Bay. The major conclusions, policies., and proposals in the Plan are summarized below: 1. Major Conclusions and Policies a. The Bay The'Bay is a single body of water, and the Bay Plan can be effectively carried out only on a regionalbasis. b. Uses of the Bay The most important uses of the Bay are those providing substantial public benefits and treating the Bay as a body of water, not as real estate. c. Uses of the Shore line All desirable, high-priority uses of the Bay and shoreline can be fully accommodated without substantial Bay filling, and without loss of large natural resource areas. But shoreline areas suitable for priority uses--ports, vater-related industry., airports, wildlife refuges, and water- related recreation--exist only in limited amounts., and should be reserved for these purposes. d. Justifiable Filling Some Bay filling may be justified for purposes providing substantial public benefits if these same benefits could not be achieved equally -well without filling. Substantial.public benefits are provided by: Developing adequate port terminals,,!on a regional basis, to keep San Francisco Bay in the forefront of the world's great harbors during a period of rapid change in shipping technology. Deve loping adequate land for industries that require access to shipping channels for.transportation of raw materials or manufactured products. -1- Developing new recreational opportunities-- shoreline parks, marinas', fishing piers., beaches, hiking and bicyling paths, and scenic drives. Developing expanded airport terminals and runways if regional studies demonstrate that there are no feasible sites for major airport development away from the Bay. Developing new freeway routes (with construction on pilings., not solid fill) if thorough study determines that no feasible alternatives are available. Developing new public access to the Bay and enhancing.shoreline appearance--over and above that provided by other Bay Plan policies--through filling limited to Bay-related commercial recrea- tion and public assembly. e. Effects of Bay Filling Bay filling skebild be is limited to the purposes listed,above; however., any filling is harmful to the Bay because it has one or more of the following effects: Filling destroys the habitat of fish and wildlife. Future filling'can disrupt the ecological balance in the Bay, which has already been damaged by past fills, and can endanger the very existence of some species of birds and fish. The Bay, including open water, mudflats,.and marshlands, is a complex biological system, in which micro-organisms,, -plants, fish, waterfowl, and shorebirds live in a delicate balance created by nature, and in which seemingly minor changes, such as a new fill or dredging project, may have far- reaching and sometimes highly destructive effects. Filling almost always increases the danger of water pollution by reducing the ability of the Bay to assimilate the increasing quantities of liquid wastes being poured into it. Filling reduces betk the surface area of the Bay., Slad the volume of water in the Bay. the --capacity of the tidal basin,_ and affects currents; this reduces the ability of the Bay to maintain adeq@iate levels of oxygen in its waters, and also reduces the tidal volume necessary to flush wastes from the Bay. Filling reduces the air-conditioning effects of the Bay and increases the danger of air pollution in the Bay Area. Reducing the open water surface over which cool air can move in from the ocean will reduce the amount.of this air reaching the Santa Clara Valley and the Carquinez Strait in the summer--and will increase the frequency and intensity of temperature-inversions, which trap air pollutants and thus cause an increase in smog in the Bay Area. Indiscriminate filling will diminish the scenic beauty of the Bay. f. Pressures to Fill As the Bay Area's population increases, pressures to fill the Bay for many purposes will increase. New flat land will be sought for many urban uses because most,, if not.all, of the flat land in communities border- ing the Bay is already in use--for residences, businesses, industries,, airports, roadways, etc. Past diking and filling of tidelands and marshlands has already reduced the size of the Bay from about 680 square miles in area to little more than 400. Although some of this diked land remains, at least temporarily., as salt ponds or managed wetlands, it'has nevertheless been removed from the tides of the Bay. The Bay is particularly vulnerable to-diking and filling for two reasons: The Bay is shallow. About two-thirds of it is less than 18 feet deep at low tide; in the South Bay and in the San Pablo Bay, the depth of the water two or three miles offshore may, at low tide, be only five or six feet-or even less. ownership of the Bay is divided. Private owners claim about 22 percent of the Bay (including extensive holdings in the South Bay) as a result of sales by the State govern- ment 90 or more years ago. Cities and counties have received free grants in trust of land from the State totaling about @T@e_rcent of the Bay. The State now owns only about 50 percent of the Bay, and the Federal Government owns about 5 pe,rcent..the' lands", that are .1 closest -_ to .- shore, most shallow, and thus easiest to fill, are held by either private owners or local govern- ments that may wish to fill for various purposes irrespective of the effects,of filling on the Bay as a whole. -3- g. Water quality Liq@uid wastes from many municipal, industrial, and agricultural sources are emptied into San Francisco Bay. Because of the work underway by the San Francisco Bay Regional Water quality Control Board,, the U. S. Army Corps of Engineers., and the Bay-Delta Water quality Control Program,, the Bay Plan does not deal extensively with the, problems of pollution control. But the entire.Bay Plan is founded on the beli ef that water quality in San Francisco Bay can and will be maintained at levels sufficiently high to permit full public enjoyment and use of the Bay. h. Fill Safety Virtually all fills in San Francisco Bay are placed on top of Bay mud. The construction of buildings on,such fills creates a greater number of potential hazards to life and property, during normal settling and during earthquakes,, than does construction on rock or on dense, hard soil deposits. Adequate design measures usuallv can be taken, however, to reduce these potential hazards-to acceptable levelsT., although it May be impossible to do' 's'd for sbme facilities. The Commission has appointed an Engineering Criteria Review Board, consistinj of leading geologists, soils engineers, structural engi- neers, and architects, to (1) establish safety criteria for Bay fills and structures built on fills, and revise the criteria as necessary; (2) review all except minor projects as to the adequacy of their safety provisions, and recommend changes if necessary; (3) develop an inspection system to insure placement of fills according to approved designs; and (4) gather and publish data developed from specific fill projects. This work complements the func- tions of local building and planning departments, which are.not presently staffed to provide soils insp@-ctions. 2. Major Plan_Proposals Port expansion should be planned for Benicia, Oakland, Redwood City, Richmond, and San Francisco. Major shipping channels should be deepened from the Golden Gate to the Delta, and to Oakland, Redwood City, Richmond., and San Francisco. Waterfront land now used by industries that require access to deep water shipping should be continued in this use, and sufficient additional waterfront acre- age should be reserved for future water'-related indu,stry. -4- New shoreline parks, beaches., marinas, fishing piers, scenic drives, and hiking or bicycling pathways should be provided in many areas. The Bay and its shoreline offer particularly important opportunities for recreational development in urban areas where large concentrations of people now live close to the water but are shut off from it. Highest priority should be given to recreational development in these areas, as an important means of helping immediately to relieve urban tensions. Airports around the Bay serve the entire Bay Area, and future airport planning can be effective only on a regional basis. The Bay provides an open area for aircraft to take off and land without having to fly over densely-populated areas, and this is an excellent use of the water. But terminals and other airport facilities should be on existing landwherever feasible. Future airport development should be based on a regional airport plan. Airport expansion or con- struction on Bay fill should be permitted only if no feasible alternatives are available. Prime wildlife refuges in diked-off areas around the Bay should be maintained and several major additions should be made to the existing refuge system. Private investment in shoreline development should be vigorously encouraged. For example, shoreline areas can be developed in many places for attractive, water-oriented housing. 3. Carrying out the Plan The Commission also incladed in the Plan several recommendations to the Legislature for carrying out the Plan. Most of these were adopted by the Legislature. Under the McAteer-Petris Act as it now exists-and it has not changed substantially since. 1969--as well as other existing State and Federal laws, the Commission carries out its management program for the Bay in two major ways: (a) through the administration of a.permit system for work within those areas of the Commission's jurisdiction under Section 66610 of the McAteer-Petris Act; and (b) coordination with other agencies that either regulate activities outside the Commission's jurisdiction which may have a direct and significant impact on the Bay, or whose own activities may have such impacts. a. Permit Jurisdiction in the Coastal Zone Under the McAteer-Petris Act (exceRt as may be affected by the Constitution and applicable Federal laws and regulations)-,BCDC has permit jurisdiction over tlae fel-leving'areaff. In tke Wpg eegmea# of tke ee'estal SeRet (1) all areas of the Bay subject to tidal action; (2) all -5- marshlands lying between the mean high tide line and five feet above mean sea level; (3) the first 100 feet of the shoreline; (4) the salt ponds in the North and South Bays (large areas of open water diked-off from the Bay and used for salt production); (5) managed wetlands located mostly in the Suisun Marsh (wetland areas diked-off from the Bay and used largely for duck hunting and agriculture); and (6) the significant,tributaries of the Bay to the extent they are subject to tidal action, with the exception of the Sacramento and San Joaquin Rivers. Within these areas, BCDC permits are required for practically all work, from the driving of a single pile to development on the largest scale. Permits are issued only.if the proposed work or development is consistent with the McAteer-Petris Act and the Bay Plan. Also included in the BCDC segment of the coastal zone is the buffer zone around the Suisun Marsh defined in the Suisun Marsh Preservation Act of 1974. (The Suisun Marsh itself is. included within the Commission's jurisdiction under the McAteer-Petris Act.) Pending completion of the Suisun Marsh Protection Plan by the Department of Fish and Game and BCDC., all develop- ment in the buffer zone is required by the PreservationAct to be consistent with the preservation and protection of the Marsh as a wildlife habitat of nationwide importance. To enforce the permit reauirements of the,Act, the Executive Director and the Commission are empowered to issue cease and desist orders. The Executive Director can issue a 30"day order requiring compliance with the BCDC law to any person who has undertaken.. or is threatening to under- take, any activity inconsistent with the law. The Co@@Ission has the power to issue permanent orders. Intentional or negligent violation of a cease and desist order issued by the Executive Director or the Commission can result in civil liability of up to .00 for each day the violati7n persists. b. Management Network The Commission also recognizes that an effective management program requires the participation of agencies whose activities may affect the coastal zone. Consequently, the Commission also carries out its manage- ment program for the Bay through a management network of Federal, State, regional., and local agencies. The management network augment@ BCDC's permit authority in the coastal zone in those cases where another agency is in a better position to regulate a use having a direct and significant impact on the Bay, or to regulate the impacts of that use. For example, other agencies have a major role in the regulation of air and water quality, a role to a great extent mandated by Federal law. The management network also extends to the land and water areas of the nine Bay Area counties beyond the coastal zone. Within this area, the network is used to ensure that agency activities, or activities regulated by an agency, are consistent with the management program. For example, the Com- mission relies on the permit authority of the Corps of Engineers to ensure -6- consistency with the management program in areas beyond the permit jurisdiction of the Commission. How this management network works is described mote fully later in this application. 4. Further Development of the Management Program The Commission has also adopted a list of "Priority Planning Work Items" to guide the further development of the BCDC management program in the future. This list emphasizes completion of studies currently underway with regard to the Suisun Marsh and permit coordination. It also proposes new efforts in the areas of regional port planning, regional airport plan- ning, water-related industry, marshes,, and water-related recreation and public access. The list of Priority Planning Work Items is included in Appendix IV. Appendix IV also includes the Commission's tentative proposals for use of Section 306 funds. Major elements.include commencement of work with the California Coastal Commission on developing a unified coastal zone management program, further development of special area plans with local government, and increased enforcement capability. The further development of the management progr may lead to amendments in the Bay Plan.. The Plan was not intended to be changed easily, however, and under the McAteer-Petris Act, amendme7s.to policies or standards in the Plan require a 90-day notice prior to a vote and the affirmative vote of two-thirds oCthe Commission member@s-. 5. Relation of the BCDC Management Program to Sections 302 and 303 of the Coastal Zone Management Act The findings and policies contained in Sections 302 and 303 of the 'Coastal Zone Management Act are fully reflected in the BCDC management program for San Francisco Bay. It was precisely because of public concerns identical to those expressed by Congress in Sections 302 and 303 that the Legislature created BCDC in 1965. The Legislature gave BCDC.the responsibility for devel- oping-a comprehensive plan for the Bay that would (a) protect the Bay as a great natural resource for the benefit ofpresent and future generations; and (b) allow development of the Bay and its shoreline to their highest potential with a minimum of Bay filling. The result is the nationally-acclaimed San Francisco Bay Plan, which is the core of the BCDC management program for the Bay. Its policies and recommendations., which were largely accepted by the Legislature and the Governor in making BCDC a permanent agency in 1969, give high priority to the ecological., cultural., historic, and aesthetic values of the Bay, while at the same time allowing for orderly development in and around the Bay. Furthermore, as indicated in the national interest statement included in this submission, the national interest in the Bay has been considered from the very first days of BCDC planning. As a result, the Plan provides for numerous facilities of national interest, and many Federal agencies play an on-going role in the Commission's management program. -7- 'Section 3o6 Requirements 1. Boundaries (Section 923-11) a. The BCDC Segment For purposes of the Coastal Zone Management Act of 1972, the boundary of the BCDC segment of the coastal zone consists of the Commission's permit jurisdiction under Section 66610 of the McAteer- Petris Act. All areas of the Bay subject to tidal action, from the south end of the Bay to the Golden Gate, and to the Sacramento River, including all sloughs, marshlands lying between mean high tide and five feet above mean sea level., tidelands and submerged lands; The first 100 feet of the shoreline; Large areas of open water diked-off from the Bay and used in salt production; Managed wetlands diked-off from the Bay and used largely for duck hunting and agriculture; and Those portions of the significant tributaries of the Bay that are sub- ject to tidal action,, with the exception of the Sacramento and San Joaquin Rivers. The BCDC segment of the coastal zone also includes the areas within the "marsh zone" and the."buffer zone" in the vicinity of the Suisun Marsh under the Nejedly-Bagley-Z'berg Suisun Marsh Preservation Act of 1974 (see Appendix III). Under the Act, BCDC and the State Department of Fish and Game are responsible for the preparation of the Suisun Marsh Protection Plan. The Department must prepare and submit to the Commission the Fish and Wildlife Element of the Protection Plan. The Commission, with the assistance of the Department, now must prepare the Plan for submission to the Legislature by December 1,, 1976. The Legislature then has until January 1, 1978, to act on the recommendations in the Plan. In the meantime,, controls imposed by State law in the marsh zone and the buffer zone, administered partly by BCDC and partly by local government, allow only.development that is consistent with long-range protection of the Suisun Marshi -8- b. Boundaries Outside San Francisco Bay .The coastal zone outside San Francisco Bay is defined in Section 27100 of the California Coastal Zone Conservation Act of 1972 (Proposition 20) as follows: "The land and water area of the State of California from the border of the State of Oregon to the border of the Republic of Mexico, extending seaward to the outer limit of the state jurisdiction,, including all islands within the jurisdiction of the state., and extending inland to the highest elevation of the nearest coastal mountain range, except that in Los Angeles, orange, and San Diego Counties, the inland boundary of the coastal zone shall be the highest elevation of the nearest coastal mountain range or five miles from the mean high tide line, whichever is the shorter distance." This boundary was determined by the voters of the State of California when, through the initiative process, they enacted the California Coastal Zone Conservation Act of 1972. c. Determination of the Boundaries of the BCDC Segment of the Coastal Zone. The extent of the Commission's permit jurisdiction was determined by the State Legislature after debate and analysis of the recommendations sub- mitted by the Commission in 1969 in the San Francisco Bay Plan. The extent of the buffer zone around the Suisun Marsh--the wetland areas in the Marsh were placed under the jurisdiction of the Commission in 1969--was also determined by the Legislature in 1974 on the basis of recommendations of the Department of Fish and Game. The Commission believes that the boundary of the BCDC segment of the coastal zone meets the requirements of the Coastal Zone Management Act at this time for the following reasons: (1) Segmentation The difference in boundaries between the BCDC segment of the California coastal zone and the remainder of the coastal zone under the jurisdiction of the California Coastal Zone Conservation Commission exists for historical reasons. When the California Coastal Act (Proposition 20) and the Coastal Zone Management Act were passed in 1972, ECDC had been in existence for seven years and had been managing its segment of the coastal zone as a permanent agency for over three years. In fact, the Bay was excluded from Proposition 20 largely because it was already being effec- tively managed by BCDC under the McAteer-Petris Act and the San Francisco Bay Plan. -9- In short., the boundary difference arises from a situation unique in the United States. Nevertheless, the State recognizes the need ultimately for an integrated, state-wide coastal zone management program. But because the Legislature raiaat still has only recent1V acted on the Coastal Commission's proposed management progra r.the remain@er c7f-the,coastal zone, the State does not believe that an attempt should.be made now to integrate the two programs or to establish identical boundaries. Instead@ the Coastal Gommission has made the following recommendations to the Legis- lature in the Coastal Plan: "Coordination with the San Francisco Bay Conservation and Development Commission "Within 18 months after enactment of legislation to carry out the Coastal Plan., the Coastal Plan and the San Francisco Bay Plan shall be reviewed to assure a unified coastal management program. The review shall be performed jointly by the State coastal agency and the San Francisco Bay Conservation and Development Commission (BCDC) and shall determine the future relationship of ECDC to the overall State coastal management program, including consideration of possible changes in BCDC's existing regulatory authority and its area of jurisdiction. Recommendations for legislative implementation shall be pre- sented to the Legislature by the coastal agency and BCDC within the 18-month period." BCDC supports this approach, as does the State Resources Agency. This 18-month study would focus on the need for changes, if any, in the BCDC management program in light of the information developed by the Coastal Commission in the course of preparing the Coastal Plan. Also, to the extent that changes appeared to be warranted, the study would also. analyze and make recommendations with regard to changes in the institutional relationship of BCDC to the Coastal Commission.and in the areas included in the BCDC segment.of the coastal zone. (2) Biological and Physical Considerations Though the boundary of the BCDC segment now differs from that for the remainder of the coastal zone@, the fundamental considerations in determining the BCDC boundary were the biological and physical character- istics of the Bay. During the planning process from 1965 to 1969, the Com- mission made detailed studies of the Bay and adjacent shorelands. From these studies, the Commission concluded that nearly all development activities in the Bay itself or in adjacent shorelands--the salt ponds., the marshes, the managed wetlands, and the adjacent shoreline--would have direct and signifi- cant biological and physical impacts on the Bay, and therefore all development _10- U should be regulated by the State through BCDC. The Commission therefore recommended that its permit jurisdiction include all of these areas. This recommendation was accepted by the Legislature and enacted into law through amendments to the McAteer-Petris Act in 1969. The Legislature also sub- sequently gave the Commission jurisdiction over the ecologically important portions of major tributaries to the Bay, except for the Sacramento and San Joaquin Rivers. For permit purposes., the tributaries are treated the same way as the Bay itself. The extent of the buffer zone around the Suisun Marsh was also determined primarily on the basis of the physical and biological characteristics of the Marsh. Within the buffer zone are the key upland areas which the Department of Fish and Game has determined., at least preliminarily, have high wildlife values themselves and also contribute to the integrity and continued wildlife use of the wetlands within the marsh zone. (3) Other,Considerations To the extent that factors other than the biological and.physical characteristics of the Bay wereconsidered in determining the boundaries of the BCDC segment, it was because the coastal zone in the Bay Area was highly urbanized prior to the creation of BCDC in 1965. on the shoreline, in particular, most of the natural ecosystems had already been greatly altered, and except for air and water quality, which were already under the jurisdiction of other agencies, the biological and physical relation- ships of shoreline uses to the coastal waters of the Bay were either no ,t impor- tant or difficult to defi.ne.,-At the same time,'the degree of preexistinglocal government involvemerit.in-shoreline land use decisions meant,that the Commission had to-demonstr6te -a clear state-vide need for any specific shoreline land use controls". The Commission ultimately concluded1that the need for State regulation.of shoreline land uses around the Bay lay in reserving the key sites identified in the Bay Plan as most suitable for the high- priority, water-oriented uses of regional benefit which required water- front locations (ports., airports, water-related industry, and water-related recreation), so that future pressures to fill the Bay and adjacent shore- lands for such sites would be minimized. The Commission also concluded that,because the Bay shoreline was already highly urbanized,. the most serious impact of development on the shoreline:outside the priority use areas was the loss of public access to the Bay. . Therefore, in the Bay Plan as submitted to the Legislature, the Commission recommended that it be given permit authority over the first 1,000 feet of shoreline,, except within the "Priority use areas" designated In the Bay Plan, where j@=isdiction should include all parcels within the boundary of the priority use area. Within the priority use areas, the Commission requested authority to ensure that any proposed development was consistent with the designa- tion. In all other shoreline areas within the first 1,000 feet, the Commission recommended it be given the power to require maximum feasible public access as a condition of approving any shoreline development. With one exception, the Legislature, which had to pass the necessary amendments to the Commission's organic legislation., accepted the recommendations of the Commission. The exception was the inland extent of the shoreline boundary. The Legislature was persuaded that the Commission could provide adequate public.access,and reserve the needed shoreline sites by controlling the first 100 feet inland from the water's edge, rather than the first 1,,000 feet. (4) Adequacy of the Boundary of the BCDC Segment Because the Commission and the Legislature determined that any use in the Bay itself, the marshes, the salt ponds,.the managed wetlands and later the major tributaries, had a direct and significant impact on Bay waters because they required Bay fill.,, the inland boundary of the BCDC segment was intended to, and does,, allow the Commission to control., through the BCDC permit system., all uses in those areas. On the shoreline, the ex tent of the Commission's jurisdiction is sufficient for it to control uses both within and outside of the.priority use areas to the extent necessar@, to ensure compliance with the management program. Inside priority use,areas., the Commission cannot issue a permit for development unless the proposed use is consistent with. the priority use designation. Moreover, even though many of the priority use areas extend more than 100 feet from the shoreline, Commission control over the first 100 feet has been sufficient to control these areas. This is because the value of most of these sites lies mostly in their shoreline frontage,, and by controlling that., the Commission effectively controls the use of the remainder of the site. As is described more fully subsequently, the Commission also uses the permit authority and the State environmental impact report process to ensure that the Bay Plan designations are maintained by local agencies beyond the 100-foot shoreline band. Outside the priority use areas,, the Commission can grant a permit for development only if the proposed project provides maximum feasible. public access consistent with the project. And both inside and outside priority use areas, the Commission can insert conditions in permits relating to the uses of land and structures, intensity of uses, construction methods, and methods for dredging in order to reduce oreliminate any other adverse impacts on the Bay. Within the BCDC segment of the coastal zone, the Commission's permit authority also extends to matters relating to air and water quality; however., the inland boundary of the BCDC segment does not include all areas where uses might be located which affect.coastal air and water quality. Rather, the Commission recognizes that comprehensive regulation of both air and water resources has ramifications far beyond any reasonable definition of the coastal zone" and that the existing agencies established by State law to deal with these matters have the necessary expertise and authority. Consequently--and as required by the Coastal Zone Management Act--the Commission considers the air and water quality standards established by the Federal Water Pollution Control Act and the Clean Air Act., together with the State programs to meet them administered by the State Air Resources Control Board, and the Regional -12- Water Quality Control Board for the Bay Area, to be part of the BCDC management program. These agencies in turn recognize the BCDC manage- ment program for the Bay as the State management program for this segment of the coastal zone. d. Boundary Lo ation The boundary of the BCDC segment of the coastal zone as defined inboth the McAteer-Petris Act and the Suisun Marsh.Preservation Act can be mapped, and under the Commission's Regulations, any property- owner can obtain on request a determination of whether or not his property lies within this segment of the coastal zone. e. Excluded Federal Lands Subject to the conditions in Section 4 relating to Federal consistency under Section 307 of th eCoastal Zone Management Act of 1972, the following areas are not included within the BCDC segment of the coastal zone: in the draft of the management program the Commission proposed to exclude the following areas from the BCDC s of the coastal zone suant to Section 304(a) of the Coastal Zone Management Act: All lands and waters within the nine Bay Area counties that are subject to the exclusive legislative jurisdiction of the United States; and All lands and waters within the nine Bay Area counties that are owned by, leased by, or in the possession of the United States Coast Guard or the Department of Defense (or any agency thereof), and that are used by the Department of Defense for readily identifiable national defense purposes, or by the Coast Guard to carry out its assigned missions in the areas of operations, marine safety, boating safety, and maritime commerce. Although this interpretation of Section 304(a) was more liberal than that recommended by the Office of Coastal Zone Management and resulted in the exclusion of nearly all Federal lands of any significance in the BCDC segment of the coastal zone., several Federal agencies, including those whose lands were clearly excluded in the draft management program, continued to interpret the Federal Act as requiring the exclusion of all Federal lands, regardless of jurisdictional status. Because the formal procedures estab- lished to resolve this issue could delay approval oF -the Commission's program for many months, and because the Office of Coastal Zone Management, through The National Atmospheric and Oceanic Administration, has requested the opinion of the Attorney General of the United States on this point, the -13- Commission has decided, on an interim basis, to adopt the Federal agency interpretation of Secti@n_370(=a. - - . 0 Therefore, all "lands the use of which is IY law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents' are excluded from the BCDC segment of the coastal zone. on an interim basis, this is interpreted to include all Federal lands, irrespective of ownership and jurisdictional status. However, the Commission reserves 'the right to modify this interpretation subsequent to the issuance of any opinion on this point by the Attorney General. f. Other Areas Outside the Coastal Zone To augment its management program for the coastal zone., the Commission also reviews projects and activities outside the Commission's permit jurisdiction. This review focuses primarily on the land and water areas in the nine Bay Area counties outside BCDC's permit jurisdiction., and it takes place through a "network" of legal authorities and institu- tional arrangements, such as the A-95 review process, the California Environmental Quality Act,, review of and comment on Corps Public Notices., preparation of BCDC special area plans, and coordination with other local, regional, and State agencies. Described more fully in Section 7, organiza- tional -Networks, the purpose of thi's network is to supplement.the direct State control of land and water uses through the BCDC permit process in the coastal zone, and to influence projects and'activities affecting the coastal zone but located outside it. g. The Delta The Sacramento-San Joaquin Delta is located!just east.of San Francisco Bay. Freshwater from both the Sacramento and San Joaquin River systems flows through the Delta into the Bay., where it mixes with the salt water from the ocean in the largest tidal estuary on the West Coast. Though once a marsh, nearly all of the Delta was diked off many years ago for agri- cultural use., and the farmland in the Delta is now some of the most fertile and productive in California. Although the Delta is an important natural resource,, it is not within the jurisdiction of either BCDC under the McAteer-Petris Act .or the Coastal Commission under Proposition 20; therefore,, it is not included within the boundaries of the California coastal zone.at present. Furthermore, the Coastal Zone Management Act does not require inclusion of the Delta in the California coastal zone because., unlike the waters along the remainder of the coastline, the water in the Delta is fresh and must remain so if it is to continue to be used for irrigation and as a source of drinking water. -14- In addit" n, several State agencies and one regional agency 3-0 also already deal with the most pressing Delta problems,, and consequently the need for including the Delta within the State's coastal zone manage- ment program has not been as urgent as elsewhere along the coastline. The State agencies include the State Water Resources Control Board (freshwater inflow and water quality), the Department of Water Resources (levee stability and maintenance, management of water resources)., the State Lands Commission 4eesatpiaetleia ef beat deeks. ea St-atie-ewned aleagks fop peereatienal develep- aent,4 _(management of all public trust lands to ensure highest and best state- wide use and benefit), and the Resources Agency (comprehensive State planning for Tt_i@n_). The regional agency is the Delta Advisory Planning Council created by the counties of Contra Costa, Sacramento, San Joaquin., Solano,, and Yolo, through a joint powers agreement. The Council coordinates local planning efforts within its jurisdiction which includes, with minor excep- tions., the "Legal Delta" (Cal. Water Code,, Section 12220). The Council has also recently completed an advisory plan for the Delta. Nevertheless, the boundaries of the California coastal zone should not be considered fixed for all time. Even though the Coastal Zone Management Act does not require inclusion of the Delta within the boun'daries of the coastal zone, these boundaries will have to be reviewed from time to time in light of changing conditions. Specifically, as the counties consti- tuting the Delta Advisory Planning Council have already indicated., the Delta (i.e., the area of the Council's jurisdiction) is a unique area of particular concern from a coastal perspective. Its ecological relationship to the rest of the coast, and especially to San Francisco Bay,, is well-documented. Moreover, development pressures are increasing, particularly for water- related industry and for waterfront and recreational housing, to some extent .because waterfront land for these uses is in increasingly short supply in the coastal ione. Water-related recreational use of the Delta is also increasing. All these uses compete with agriculture for the fertile soils of the Delta and indicate that the same trends that created the need for coastal tone management elsewhere in California are at work here also. In California's proposed coastal zone management program the bulk of the coastline--wh.ere development pressures are-greatest and issues most complex--will be managed under the provisions of the Coastal Plan as administered principally by the Coastal Commission and local governments. San Francisco Bay and its shoreline will continue to be managed under the approach that has proven,,over the past ten years,, to be the nation's most successful program in regulating the use of a largely urbanized coastline though the use of the Bay Plan as administered by BCDC and other State agencies. And the Delta, where a vast, rural area is just beginning to be exposed to development pressures, will for the immediate future not be addressed as part of the coastal zone managemen It program, but will instead be managed by State agencies and local governments using existing regulatory authorities. 2. Permissible Use .(Sections 923.12 and 923.14) a. Permissible Uses in the Bay Plan In its planning from 1965 to 1969., the Commission made an exhaustive analysis of all uses that might impact on San Francisco Bay. -15- In particular, the Commission studied in detail the demands for.Bay fill for certain uses because fill has historically had the greatest impact on the Bay by reducing its size and altering its ecology. The Commission also studied the need for State control of land use in and around the Bay to assure that the Bay Plan would be carried out. From this emerged the Commission's management program for the Bay, at the heart of which is the San Francisco Bay Plan. (See Part V, Carrying Out the Bay Plan, beginning on page 35.) It contains the following major,conclusions with regard to permissible uses and priority guidelines: The Commission should have adequate controls over Bay filling and dredging; and over Bay- related shoreline devel:opment, including salt ponds and managed wetlands. Further fill in the Bay should be limited to the'minimum necessary for certain high-priority. water-oriented uses possibly requiring additional fill, such as ports, airports, roads, bridges, marinas, water-related recreation, and Bay- oriented commercial recreation and Bay-oriented public assembly (e.g., hotels, restaurants, and specialty shops). Managed wetlands and salt ponds--as large areas of the Bay diked-off from the Bay many years ago and in private ownership--should continue in pre- sent uses as long as possible, and when no longer possible, every effort should be made to purchase these areas and reopen them to the Bay. Specific areas of the shoreline (shown as blue and green "priority use areas" on the Bay Plan Maps) should be reserved for high-priority water- oriented uses requiring waterfront location in order to reduce future pressures for fill (e.g.., waterfront recreational uses, ports, airports, and water-related industry);.in other shoreline areas,, development should provide maximum feasible public access to the Bay. In effect, by restricting Bay fill, the Commission determined. that the only permissible uses of the Bay itself (and later of the "named waterways") were those priority uses identified in the Bay Plan i.e., ports, airports, roads.,*bridges, marinas, water-related recreation, Bay-oriented com- mercial recreation, and Bay-oriented public assembly (hotels, restaurants, and specialty shops).. On the shoreline, in the priority use areas,, only uses con- sistent with the priority use (lesignat16n are permissible. Outside the priority use areas, any shoreline use is permissible that does not adversely affect the -16- Bay and shoreline and alto provides maximum feasible public access. In salt ponds and managed wetlands, only existing uses are permissible so long as they are economically feasible. If and when that is no longer the case, other uses would be permissible, provided that any development included maximum feasible public access and retained maximum feasible water surface area. The Bay Plan is for the most part directly enforceable as the result of the 1969 amendments to the McAteer-Petris Act (the BCDC law). As is explained more fully in Section 6. Legal Authorities, permits are required for all development within the Commission's jurisdiction, and by law all such development must be consistent with the McAteer-Petris Act and the Bay Plan before a permit can be issued. Although uses affecting air and water quality were also addressed in the Commission's planning (see the Bay Plan policies on Water Pollution, page 10., and on Smog and Weather,, page 10)., the Com- mission did not seek direct authority to regulate discharges into the Bay watershed or emissions into the Bay Area basin. This is because uses affecting air and water quality are often located beyond the --coast-al-zbne.,- Furthermore,, under the Porter-Cologne Act (the State water quality law),-u-ses that have a direct and significant impact on coastal waters by discharging into the waters of the State are controlled by the State Water.Resources Control Board and the Regional Water Quality Control Boards. These uses must meet waste discharge requirements set by the appropriate Regional Board, and uses that cannot do so are in effect precluded. In addition, under S@ate law, emissions in the San Francisco Bay Area must meet standards for air quality set by the Bay Area'Air Pollu- tion Control District. These standards are as strict, or stricter, than Federal standards, and apply throughout the Bay region., including all areas within the coastal zone as previously defined. Uses that cannot meet these standards are in effect not permissible. b. Permissible Uses and the National Interest Uses that can be considered in the national interest are all permissible uses under the BCDC.management program. These include ports; airports; facilities for energy production and transmission, such as power plants, petroleum off-loading facilities, pipelines, and utility routes; recreational facilities of an interstate nature, such as tourist facilities and parks; highways; national defense facilities; and wildlife refuges for migratory waterfowl. In addition, the maintenance of existing air and water quality standards by the Bay Area Air Pollution Control District and the Regional Water Quality Control Board for the San Francisco Bay region is also in the national interest because these standards are fully consistent with Federal air and water quality legislation. -17- 3. Geographic Areas of Particular Concern (Sections 923.12 and 923-16) a. Areas of Particular Concern The geographic areas of particular concern are designated on the Bay Plan Maps and based upon the background reports that led to the Bay Plan. They include Bay marshland., which is shown on all Plan Maps. In addition, other areas important to fish and wildlife, such as shellfish beds and important habitats, are also shown. The Bay Plan policies and the Policy Notes on the Plan Maps indicate that these areas all must be protected. Other areas deemed best suited to commerce and recreation are also designated on the Plan Maps as the priority use areas. Sites for future marinas., fishing piers, and other water-related recreational facilities are also shown on the Plan Maps. Certain open water areas adjacent to the Bay but not subject to tidal action were also designated as areas of particular concern to the Bay and the Bay region. These are the managed wetlands, which are located primarily in the Suisun Bay area and provide a wildfowl habitat of nation- wide importance; and the salt ponds, which are located in the South Bay and the North Bay and are important to the climate at those locations. These areas are also shown on the Plan Maps and the Plan policies encourage their protection and continuance in their present uses (duck hunting and agricul- -ture for the managed wetlands, and salt production for the salt ponds) for as long as possible. Although not shown on the Bay Plan Maps, generalized subsidence and fault zones susceptible to flooding and earthquake hazards are shown on page 16 of the Bay Plan in conjunction with the policies on Safety of Fills. These policies require rigorous review of all structures built on Bay fill or in areas susceptible to flooding within the Commission's jurisdiction. They also emphasize the need for proposed developments in areas outside the Commission's permit jurisdiction to be constructed so as to anticipate pos- sible flooding., particularly in areas of subsidence such as the South Bay. b. Areas for Preservation and Restoration (1) The Bay Itself The Plan policies state the open water of the Bay should be preserved to the maximum feasible extent and filling should be limited to the minimum necessary for the high-priority, water-oriented uses specified in the McAteer-Petris Act and the Day Plan. Before a permit can be issued for any project, the Conmission must find that the project is consistent with this policy. (2) Marshes and Mudflats The Plan and the law place special emphasis on the preservation of existing marshlands and the adjacent mudflats. Fill can be permitted only for purposes providing substantial public benefits and then only if there is no reasonable alternative. (3) Salt Ponds and other Managed Wetlands Because water surface area of the salt ponds and managed wetlands is important to the climate of the Bay Area and to wildlife, and their present uses is entirely consistent with the protection of.the Bay as a natural resource., the Plan policies on Salt Ponds and other Managed Wet- lands (page 27) state that these areas should be preserved in their present uses as long as economically feasible. Restoration to.tidel action should be considered when and if development is proposed. Although there are no current proposals for development of either the salt ponds or the managed wetlands, recent events have high.!- lighted the need for possible further consideration of preservation and restoration in these areas. In 1974, Leslie Salt Company, owner of most of the salt ponds in the Bay, closed its Redwood City plant and declared about 2,200 acres of adjacent salt ponds surplus for salt-making purposes. Subsequently, the Trust for Public Lands, a non-profit corporation special- izing in land acquisition for public use, obtained an option frcm Leslie that would allow the "non-salt-making" rights on most of the Leslie ponds to be transferred into public ownership, probably as part of an expanded San Francisco Bay National Wildlife Refuge. Tlqe This optionT 9144 kenee has since lapped, but Leslie Salt had indicated its continuing desire to work in a similar fashion with interested public agencies toward permanent preservation of the sa-lt ponds. Any transfer into public ownership of these areas, however, would probably require certain commitments to be made by BCDC with regard to permissible future uses of the salt ponds. This would probably require BCDC to either undertake, or participate in, relatively detailed plan- ning for the salt ponds, a major element of which would be preservation of existing water surface area and restoration of areas to tidal action wherever possible. The State Legislature also passed the Suisun Marsh Preservation Act in 1974. A major element of this planning will also ,be preservation of the existing managed wetlands, and where possible, restoration of diked-off areas to either tidal action or greater biological productivity. (4) other Areas .As part of the permit process, the Commission has also been requiring that diked-off areas be restored to tidal action as mitiga- tion for large-scale fills. One,example of this is the condition included in the permit for the Dumbarton Bridge (bridges are considered fill, but can be permitted as water-oriented us,es) which required the sponsor of the -19- project, the California Toll Bridge Administration, to provide 200 acres of new Bay surface area to offset the 94 acres of fill required for the bridge. The Toll Bridge Administration, in cooperation with the Commis- sion and affected local governments, is currently drafting a plan to carry out this mitigation condition, in which potential sites will be identified. 4. Federal Consultation (Sections 923-15, 923-31 and 923-32) In developing the BCDC management program for the Bay, the Commission consulted with those Federal agencies then interested in the. Bay and Bay planning. These agencies included the Federal Aviation Admin- istration, the Coast Guard, the Environmental Protection Agency, the Federal Housing Administration, the General Services Administration, the Department of Land Management, the Maritime Administration., the Bureau of Mines., the National Park Service,, the Bureau of Outdoor Recreation, the Bureau of Reclamation, the Division of River Basin Studies of the U. S. Fish and Wildlife Service, the U. S. Army, the U. S. Army Corps of Engineers, and the U. S. Navy. All comments received from these agencies were considered by the Commission in the same fashion as comments from State and local agencies and the general public. a. Facilities of National Importance Because of the Federal participation in the development of. the Bay Plan and the BCDC management program for the B6y, and because the Bay is a harbor and commercial center of nationwide importance, Bay plannin had to take national needs into consideration. As a result, Bay and.shoreline sites were reserved for all facilities of national importance. These include: (1) Facilities for Energy Production and Transmission There are no known oil deposits in the Bay; however, gas wells can be and have been permitted. Storage and distribution facilities for petroleum products, and refineries are all permitted uses of sites desig- nated for water-related industry. (See Bay Plan policies on Water-Related Industry, pages 17 and 18.) Petroleum off-loading facilities are a permitted port use. (See Bay Plan policies on Ports, page 19'.) Power plants, high voltage transmission lines, power distribution lines can be permitted, if certain conditions are met relating to aesthetics and the unavailability of alternative upland locations. (See Bay Plan policies on Other Uses of the Bay and Shoreline, page 28.)@ (2) Recreation (of an Interstate Nature) Recreational needs in the Bay Area were projected through the year 2020. These projections were based not only on local, regional, and State needs, but also on interstate needs. As a result, the Bay Plan Maps include about 5,000 acres of existing shoreline parks, 5,800 acres of new parks, and 4,400 acres of military establishments (especially around the Golden Gate) are proposed as parks if and when military use is terminated. -20- In addition, specific habitats needed to prevent the extinction of any species or to maintain and increase any species that would prove sub- stantial public benefits are designated as Wildlife Areas on the Plan Maps. Since completion of the Plan, the National Park Service of the Golden Gate National Recreation Area and the U. S. Fish and Wildlife Service have begun development of the San Francisco Bay National Wild- life Refuge in areas of the South Bay used by millions of migrating waterfowl. The attraction and importance of the Bay to tourists was also recognized. Places like Fisherman's Wharf in San Francisco, downtown Tiburon and Sausalito in Marin County, and Jack London Square in Oakland are magnets that draw increasing numbers of out-of-state visitors every year, and the Plan encourages the use of the Bay and shoreline for these purposes. Bay-oriented commercial recreation and (3) InterstateTransportation Highways and airports can both be permitted on Bay fill if there is no feasible alternative upland location. There are, however, no current plans to locate any interstate highways in the Bay, and the Commission.is participating in a study of regional airport needs, called for in the Bay Plan because of the lack of reliable existing infor- mation, to determine if there is a need for additional airport fill. Sites and expansion requirements for ports and harbors are fully covered in the Plan policies on Ports (page 19), and by the Plan Maps, as is evident from the findings preceding the Port policies. The Port policies were based on regional., State, and national needs. (4) Production of Food and Fiber The Bay region is already highly urbanized, and there is little, if any, prime agricultural land within the Commission's juris- diction. There are no current proposals for mariculture, though this would be a permitted use of the Bay, and the Plan places great emphasis on the protection of fisheries. (See Bay Plan, Part III,, The Bay as a Resource.) (5) Preservation of Life and Property The need for flood and storm protection facilities -was considered in the development of the Bay Plan. The Bay Plan policies on "Safety of Fills" (page.15) emphasize the need to consider flood protection and earthquake safety in the design of projects on fill or near the shore- line. The Commission's Engineering Criteria Review Board, which is composed of leading experts in the world in the areas of engineering and seismic safety, reviews every project on fill and many on the shoreline as well. (6) National Defense and Aeros-pace Military facilities in and around the Bay were considered to be the primary responsibility of the Federal Government, and because no -21- reduction in military use of existing bases was then foreseen, the Plan did not advocate the closing of any military installation. Rather, the Plan recommended possible alternative uses.for these facilities in the event they were ever determined to be surplus to national defense needs. Since completion of the Plan, military use of the Hunter's Point Naval Shipyard in San Francisco and Hamilton Air Force Base in Marin County has been terminated, at least for the time being. The Commission through the staff has been participating in the planning for future use of both these areas in accord with the Policy Notes on Plan Maps 10 and 11. (7) Hist2ri.c., CulturaI, Aestheti and Conservation Values The designations on the Plan Maps of important habitat areas and appropriate sites for wildlife refuges, and the Plan policies relating to the Bay as a resource, were developed on the-basis of infor- mation provided by i-he -re-17e-vant Federal agencies, particularly the Envlr`oni@ental Prote'j-tion Agency; the Department of the Interior, U. S., Fish and Wildlife Service; and the Corps of Engineers. The Commission also maintains a continuing relationship with these agencies with regard to.individual permit applications. @74 (8) Mineral Resources The Bay Plan policies on Shell Deposits (page 13) were adopted on the basis of reports that included information avail- able from the Federal Government. In addition, dredging for sand can be permitted under the Dredging policies, page 12. other than natural gas, discussed above under Energy Production., there are no other signi- ficant mineral resources identified within the Commission's jurisdiction. b. The National Interest in San Francisco Bay In addition to considering the national interest in its planning for the Bay from 1965 to 1969, the Commission has also attempted to define the national interest in the Bay specifically for the purpose of the Coastal Zone Management Act. This definition is in the form of a state- ment entitled The National Interest in San Francisco Bay which has been cir- culated to those Federal agencies that appear to have an interest in San Francisco Bay. It is being included in the BCDC program at this time to meet the specific requirements of the Coastal Zone Management Act and related regulations, and it will ultimately be added to the Bay Plan. It reads as follows: "San Francisco Bay is a National Resource. San Francisco Bay is of more than local or even State importance; it is a resource of national signifi@- cance. Visitors from across the country enjoy the scenic beauty and recreational facilities of the Bay. Foreign goods bound for consumers in inland states, and United States products on their way to -22- distant countries, pass through Bay Area ports. The Bay is also the largest tidal estuary on the West Coast and provides wildlife habitat of nation- wide importance, particularly in and around the Suisun Marsh. "Use of the shoreline and adjacent waters of the. Bay for national defense and security is of para- mount importance. National defense and security are therefore among the highest priorities in the management of the coastal zone in the Bay Area. The Bay is the site of several significant mili- tary installations, such as the Alameda Naval Air Station, Treasure Island, and the Mare Island Naval Shipyard, with defense missions necessarily requir- ing operational use of the coastal zone. In addition, Bay @rea military installations are important components in their local areas, and represent a stable and sub- stantial contribution to the Bay Area and State economy. "of equally high priority is the Coast Guard's use of the Bay and shoreline to carry out federally mandated programs for the protection of life and property 2t sea, f@o_rthe safety of navigation through aids to navigation and vessel traffic service,programs, and for the protection of the marine environment . "The Federal Coastal Zone.Management Act. Recognizing The distinct and irreplaceable value of this country's entire coastline as a national resource@ the United States Congress enacted the Coastal Zone Management Act of 1972 (PL 92-583), which states, I ... it is national policy ... to preserve, protect, develop, and where possible, to restore or enhance, the resources of the nation's coastal zone for this and succeeding genera- tions' (Section 303(e)). This language, to a considerable degree, indicates an objective similar to the pioneering efforts of California in creating the San Francisco Bay Conservation and Development Commission (BCDC), the agency which since 1969 has been carrying out the San Francisco Bay Plan, the heart of California's manage- ment program for San Francisco Bay. "Consideration of the National Interest in the Siting of Facilities. One of the requirements of the Federal Act is that the BCDC management program provide 'for adequate consideration of the national interest in the siting of facilities necessary to meet requirements which are other than local in nature' (Section 305(c)(8)). And recognizing its.responsibilities to the rest of the nation -23- in its planning for the Bay, California, through the Commission, has made every effort to consider the national interest in the siting of facilities. In this effort, California asked for and received extensive assistance and cooperation from several Federal agencies in the preparation of the Bay Plan. And in the years since completion of the'Plan, the Commission has developed on-going cooperative rela- tionships with those Federal agencies whose activities to date have related most directly to San Francisco Bay. These agencies include the Maritime Administration, the National Park Service., the U. S. Fish and Wildlife Ser- vice, the National Marine Fisheries Service, the United States Geological Survey, the Army, the Navy, and the U. S. Army Corps of Engineers. "As a result, the BCDC management program, and in particular the policies of the Bay Plan, recognize national defense and security as important aspects of the national interest, because without the attainment of such objectives, all other goals and objectives can be threatened. on the issue of energy, the Plan, even though prepared prior to the 'energy crisis,' also identifies waterfront sites suitable for energy-related facilities, such as power plants, refineries, and petroleum off-loading facilities.1 that may be needed to meet State and national energy needs. The Bay Plan policies also reflect the ever-increasing popularity of the Bay as an out-of-state tourist destination by giving facilities for recreational and other public- oriented@uses a high priority along the Bay shoreline. other facilities of national importance, such as ports,, airports,, military bases, Coast Guard facilities, navigational channels, and wildlife refuges were also fully considered, and, where appropriate, were included in the Plan. "Planning for Federal Activities. The national interest in the Bay also includes consideration of Federal agencies' planning activities for facility construction, grant pro- grams, and regulatory programs. To bring these activities within the context of the comprehensive planning called for in the Federal Coastal Zone Management Act, the Act provides that 'each Federal agency conducting or support- ing activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs' (Section 307(c)(1)). The Act further provides that 'any Federal agency which shall -24- undertake any development project in the coastal zone of a state shall ensure that the project is, to the maximum extent practicable,, consistent with approved state management programs' (Section 307(c)(2)). However, the Act also excludes 'from the coastal zone ... lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government its officers or agents' (Section 3o4(a)). "on-an interim basis, this exclusion has been interpreted to include all areas subject to the exclusive legislative jurisdiction of the Waited States In recognition of the secial importance of national defense in California and the Bay Area BCDC also has determined to, exclude from the coastal zone all other lands and waters that are owned by leased by or is the possession of the United States Coast Guard or Department of Defense (or any agency thereof), and that are used by the Department of Defense for readily identifiable national defense purposes, or by the Coast Guard to carry out its assigned missions in the areas of operations, marine safety, beating safety, and maritime commerce Federal lands, irrespective of ownership or jurisdictional status. However, the Commission reserves the right to modify this inter- pretation subsequent to the issuance of any opinion on this point by the Attorney General of the United States. Moreover, the Planning for the areas surrounding military and Coast Guard installations Federal lands. should be coordinated with local Department of Defense or Coast Guard Federal representatives so that, to the maximum extent able, these areas are not used in-a manner that would conflict consistent with national needs. And lust as military and Coast Guard operations Federal lands should be protected from incompatible surrounding are as bay the BCDC management program, it is anticipated that all Federal agencies, being equally aware that environmental problems do not respect jurisdictional boundaries, will do their utmost to comply with the BCDC program,, as required by the Coastal Zone Management Act. In this regard., although there is general support for the Bay Plan objectives among Federal agencies., there may be some disagreement in applying the Plan policies to particular circumstances. Nevertheless, -25- continued cooperation can ensure that the national interest is protected through a uniform application of the Plan's policies throughout the Bay Area by whichever local, State., or Federal agency that has regulatory jurisdiction. Where the Bay Plan would conflict with an overriding national need under circumstances unforeseen when the Plan was being prepared, it may be necessary to amend or, in exceptional circumstances, override the Plan's policies in the national interest. Such cases can be expected.to be rare. Except for national defense and security needs as established by the President and Congress, the determination of national interest needs, along with any measures necessary to mitigate the adverse impacts of meet- ing those needs., should be made cooperatively by the affected local, regional, State, and Federal agencies. Because national defense and Coast Guard installations Federal lands are excluded from the coastal zone in the Bay Area on and interim basis, development projects at on these lands are not subject to Section T07(c)(2) of the Coastal Zone Management Act, but such projects should be consistent with the BCDC management program to the.maximum extent practicable. Furthermore, tinder Section 307, the final decision., short of litigation, on the extent to which Department Defense and Coast Guard Federal activities directly affecting the coastal zone will be consistent with the BCDC management program rests vith the Federal Government. However, the defense Federal agencies and the Coast Guard and., in particular the Navy, which is the-Federal agency most dependent on coastal installations for its continued operations., have displayed increasing sensitivity to environmental issues in their operations. The Navy has also cooperated in the develop- ment and implementation of the BCDC management program by making its interests known and entering into memoranda of understanding with BCDC on individual projects. Furthermore, it is Navy policy to conduct Navy activities to the maximum extent practicable consistent with the Bay Plan, as long as national defense objectives are protected. To this end, the, Navy intends to permit review., subject to security restric- tions, of its master plans, general development maps, and offshore operating area requirements, for comment and recommendation by the. agencies responsible for carrying out the BCDC management program. Agencies within the Department of Defense should also, subject to national defense and security restrictions, continue to enter into memoranda of understanding with the Commission voluntarily with regard to projects that would otherwise require BCDC permits. -26- "Other Federal agencies have indicated their willingness to cooperate in a similar manner. There has., for example, been extensive cooperation with the Army Corps of Engineers, which shares regulatory authority with BCDC over the waters and wetlands of the coastal zone, and with the Environmental Protection Agency on air and water quality standards and dredge disposal criteria. Through a continuation of this of discussion, negotiation, and arbitration, when necessary, among local, State, and Federal interests., differences can be addressed cooperatively. Only in this way can the coastal zone in the Bay Area be treated as an interrelated environ- mental and economic system." c. The BCDC Management Program and Section 307 of the Coastal Zone Management Act If the BCDC management program for San-Francisco Bay is approved by the Secretary for Commerce,, the.Commission intends to carry out its responsibilities under Section 307 of the Act (the so-called "Federal consistency" provisions) as fellewat using its existing procedures. For several years, the Commission has been reauesting Federal agencies to enter into memoranda of understanding (MOUIS) with, .the Commission for projects that would otherwise require permits from Th-e Commission'. originally suggested by the San Francisco District of the Corps of Engineers, the MOU procedure provides a means by whic the Commissio@7_and Federal agencies can coordinate on specific projects and reach agreement on project detai-ls. Since 1972,.,the Commission has entered into 24 Mouls with Federal agencies. Among the azencies involved are the U. S. ArRZ, the U. S. Army Corps of Engineers (San Francisco and Sacramento District7s, .the U. S. Navy .(Western Facilities Engineering Command, Hunter's Point Naval Shipyard, Alameda Naval Air Station, and the Sea Systems C the De2artment of the Interior, and the Department of Commerce (Maritime Administration and the National Marine-Fisheries Se ce). The Commission has been able to reach agreement on an MOU with all Federal agencies that have participated in the process and Te-l"Teves the - has onably well for-all concerned. In process worked reas particular, because the MOU comes at the end of the often lengthy Federal project development process, rather than at the beginning, j:t represents a clear decision point at which the State must decide whether a proposed Federal project is consTstent ii-th S-tate o-bjectives. As a result, the .CommisTion believes-the process has been instrumen7al Tn ':Pe@ucinr, the potential for Federa-1-State conflict. Because the MOU procedure worked well in obtaining voluntary Federal consistency with BCDC objectives, the Commission originally proposed that it be the basis for the procedures the Commission would use to carry out its re7j@o_ns=ilities undeT-Section 307 of the Act. Many Federal -agencies 7-je-cted to this proposal, however, including those that had previously participated most often. -27- In an effort to reach an accommodation with Federal agencies, the Commission suggested several modifications to the process. In particular, the Commission'offered to make the MOU procedure inapplicable t 1 projects on military or Coast Guard installations. This would have meant that MOU's would no longer be requested for most projects for which MOU's n requesTed in the past. It became,apparent however' that Federal agencies objected tothe entire procedure and did not wish to enter into MOU's on any projects whatever. At the same time, Federal agencies also took the position that all Federal lands had to be excluded from the coastal zone under Section 304(a) of the Act, which had the effect of significantly reducing the scope of the potential legal requirement for Federal consistency.with approved State programs contained in Section 307 of the Act. These same agencies, however, indicated their intention to comply with approved State programs. on excluded Federal lands to the maximum extent practicable, whether or not legally required to do so. Because of the e al uncertainty over the scope of the excluded Federal lands clause in Section 304(a), and because.the U..S. Attorney General is: expected to render' an opinion of this issue shortly, the Commission has decided on an interim basis, to accede to the Federal agency position with regard to excluded Federal lands. However, the Commission has decided to adhere to its existing procedures with regard to MOU's. This means that in areas within BCDC jurisdiction the Commission will request MOU's with Federal agencies for all projects except navigational aids placed by the Coast Guard) that would otherwise require Commission permits, whether or not such areas are included in the coastal zone as defined in Section 304(a). There are several reasons for this decision. First, the Commission believes that excluding all Federal lands leaves Federal agencies in essentially the same position relative to the Commission that they are now they are, for the most part, not legally required to adhere to the, Commission's manage ment program, but they intend to comply voluntarily to the maximum extenet practi- cable.' That being the.case, the -Commission believes the existing procedures for voluntary compliance should continue to' be used. Secondly, if the Commission were to include all Federal lands an eliminate the MOU procedure,, the result would Less actual Federal con- sistency than The commission now obtains informally through existing voluntary procedures, even though Federal consistency is now a requirement of the Coastal Zone Management Act. The Commission does not believe this is what Congress intended, nor is it sensible public policy from any perspective. Thirdly, the Commission does not believe.that the MOU procedure intrudes in any way on Federal sovereignty. It was developed specifically because both BCDC and the affected Federal agencies recognized that BCDC. 'could not require Federal agencies to obtain BCDC permits. Furthermore, the process is voluntary, and to the extent Federal agencies participate, they do so As a matter of comity, and not because of any legal obligation to do so. Moreover, now that the Commission has excluded all Federal lands on an no interim basis from the coastal zone it should be clear beyond doubt that the MOU process is not a requirement of State law and therefore not analogous to, nor a substitute for, a State permit. Finally, the Commission does not believe that the Federal agencies objecting to the procedure have suggested a satisfactory alter- native. The only proposal in this regard has been that the Commission rely on the A-95 process. The Commission is familiar with the A-95 pro- cess, and while it serves the useful and important function -of early project notification, it is staff-administered and rarely provides the. kind of specific project information immediately prior to project implementation provided by the.MOU process. Nor does it allow for adequate participation by the Commission and the public in the decision-making -process. Therefore until the excluded Federal lands issue is clarified, the Commission will observe the following procedures ' in carrying out its responsibilities under Section 307 of the Coastal Zone Management Act: (1) As is now the case, the Commission will monitor all Federal activities* that may affect the coastal zone.** The Commis- sion -will also review all Federal develop- ment undertaken in the coastal zone. This monitoring will focus primarily on the area of the nine Bay Area counties and will take place,through existing procedures--the A-95'review process, review of Corps.public notices, supplemented as necessary with special-coordination with individual Federal agencies., The Commission will make. every:effort to notify Federal "Activity" means-an activity or program that a Federal agency directly engages in itself for Federal purposes., or pays someone else to engage in, also for Federal purpo Ises. "Activity" does not include federally- assisted activities or programs that are primarily for State and local purposes, which are covered under Section 307(d) of the Coastal Zone Management Act and subparagraph (5) below. The "'coastal zone" means the BCDC segment of the California coastalzone. Development " me ans planning.. and construction of ppublic works, physical facilities, and installations, or land and real property development including-the acquistion, use and disposal of real. property under- taken-by or for the use of the.- Federal Government or any of its agencies; or the leasing 2f real-property for Federal use when the use or intensity of use of such prop-ert wiII be substantial altered. This definition is identical to the definition of development used in OMB Cicular No. A-95. -29- agencies of potential inconsistencies-with the Commission's management program as early as possible in the planning process. At the same time, as is implicit in the statement on National Interest in San Francisco Bay., the Commission also expects each Federal agency proposing to conduct or support an activity that may directly affect the coastal zone, or to undertake any development within the BCDC segment of the coastal zone, to advise the Commission of such activities or developments as early as possible in the planning process. This is also to ensure that any potential conflicts with the Commission's management program can be identified and dealt with early. (2) As is else new the ease In areas within BCDC jurisdiction, Fedei:-a-l agencies will be requested to enter into memoranda of understanding with the Commission with regard to any activity.or development within the eeaetal, Bane that would other otherwise require a Commission permit.. These memoranda of understanding will be preeessed as if they were GemxissieR pqrmltO7 ineludiag pablie hearings heard before the Commission where reqalred appropriate, and will be based upon the consistency of the proposed project or activity with the BCDC management program, in particular the McAteer- Petris Act and the San Francisco Bay Plan. If the Commission determines that the pro- posed activity or development is not fully consistent with the BCDC management program, it will not enter into a memorandum of under- standing. In that case, if the Federal agency will be expeeted disagrees with the Commission's finding but, nevertheless, decides to go forward with the activity, if at allT enly after it will be expected to (a) has 'advised the Commission-, in writing, the he project or activity complies with the BCDC management program to the maximum extent practicable, and (b) has set forth, in detail, the reasons why this is so. In the event BCDC seriously disagrees with the Federal agency's determination that an activity or project complies with the manage- ment progra to .tTe- maximum extent practicable, BCDC may re st the Secretary of Co;me-rce to mediate the serious disagreement as provided by Section 307(h) of the Act. Memoranda of understanding will not be requested from the Coast Guard prior to placement of aids to navigation. _30- (3) Memoranda of understanding will not be requested with regard to Federal activities or developments inside or outside the coastal zone that would not otherwise require Commission permits. However, activities conducted or supported by any Federal agency which could directly affect land, water, air, and other coastal resources within the coastal zone, will be expected to conform to the BCDC management program to the maximum extent practicable as required by Section 307(c)(1). The determination as to whether a specific activity could "directly affect the uses of land, water, air, and other coastal resources" will be made by the Commission. The Commission will also determine whether the activity is, or is not, fully consistent with the BCDC manage- ment program. If the Commission determines that the activity is not fully consistent with the BCDC management program, and the Federal agency involved will be expected disagrees but, nevertheless, decides to go forward with the project or activity, if at a11 only after it will be expected to (a) has advised the Commission, in writing, that the project or activity complies with the BCDC management program to the maximum extent practicable, and (b) has set forth, in detail, the reasons why this is so. In the event BCDC seriously disagrees with the Federal agency's determina- tion that an activity or project complies with the management progra the maximum extent practicable, BCDC may request the Secretary of Commerce to mediate the serious disagreement as provided by Section 307(h) of the Act. (4) Within the nine Bay Area counties,, the following Federal agency licenses and permits to conduct setivities affecting land and water uses in the coastal zone will be subject to the certification by the Commission process for consistency with the BCDC management program wader contained in Section 307(c)(3) if the activity being licened or permitted affects land or water uses in the coastal zone: Department of Defense - U. S. Army Corps of Engineers (a) Permits and licenses required under Sections 9, 10, and 11 of the Rivers and Harbors Act of 1899. -31- (b) Permits and licenses required under Section 103 of the Marine Protection., Research and Sanctuaries Act of 1972. (c) Permits and Licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments. Nuclear Regulatory Commission (a) Permits and licenses required for siting and operation of nuclear power plants., Department of Interior - Bureau of Land Management U. S. Geological Survey (a) Permits and licenses required for drilling and mining on public lands (BLM). (b) Permits and approvals for exploration and operating plans pertaining to the extraction of leasable minerals (U.S.G.S.). Department of Transportation U. S. Coast Guard (a) Permits for construction of bridges under 33 u.s.c. 401, 491-507, and 525-534. (b) Permits for deep water ports under the Deep Water Port Act of 1974 (PL 93-627). Department of Transportation - Federal Aviation Administration (a) Permits for operation of airports,. Federal Power Commission (a) Permits and required for power plant siting and transmission lines (b) (a) Permits and license Certifications required for interstate pipelines. (c) (b) Permits and licenses for construction and peration of facilities needed to import, export, or tranship natural gas or electrical energy. -32- Within the coastal zone BCDC jurisdiction, a BCDC permit* would be required., or an memorandum of understanding requested,. for all of the above activities. Consequently, the issuance of a BCDC permit where one has been applied for, or agree- ment on an memorandum of understanding, will be deemed to be a determination by the Commission that the proposed activity or project is con- sistent with the BCDC management program, and no further certification will be required. In those cases where no BCDC permit has been applied for, but where one is required, the Commission will process a certification of consistency con- It application where temporaneously with the permi a permit is required. The Commission will not certify that an activity or project in the coastal zone review whether a federally licensed or permitted 7 activity within BCDC jurisdiction is consistent with the BCDC management program except in connection with a permit application.,, if such permit is required. Elsewhere in the nine Bay Area counties, certification of the above licenses and permits will be required only in cases where the Commission determines that the activity being licensed or permitted could have a substantial affect on land and water uses in the coastal zone. This deter- mination will be made on a case by-case basis in the course of the monitoring undertaken pursuant to para- graph (1). It is not anticipated that many licenses and permits outside the coastal zone will require certification. At the same time, those that do will probably be of considerable interest to the public because of the potential impact on the Bay. Conse- quently, requested for certifications of licenses or permits outside the coastal zone will be-processed as much as possible as if they were applications for major permits under the McAteer-Petris Act and the Commission's Regulations, including timely notice and public hearings. If BCDC determines that an activity to be licensed or permitted by. Federal agency is not consistent with the BCDC management program, as required by Section 307(c) of the Act, the Federal agency will not license or permit the activity unless the Secretary of Commerce, on his own initiative or upon appeal by the applicant finds after providing a reasonable. opportunity for detailed comments from the Federal agency involved and from BCDC, that the activity is consistent with the objectives of the Coastal Zone Management Act or is otherwise necessary in the interest of national security. The term permit includes a memorandum of understanding. -33- In those areas excluded from the coastal zone pursuant to Section 304 (a) of the Coastal Zone Management Act, the appropriate Federal agencies will be requested, subject to national security restrictions, to comply with paragraphs (1) through (3) above voluntarily. It is understood that the final decision on the extent to which Federal activities in these areas will be consistant with the BCBC management program rests with the Federal agency having jurisdiction. However, where a Federal license or permit listed in paragraph (4) above is required to conduct any activity in any such area, a certification of consistency will also be required. (5) To review applications for Federal assistance under other Federal programs affecting the coastal zone, BCDC will use the Project Notification and Review System of ONB Circular A-95 authorized under Title IV of the Intergovernmental Coordination Act of 1968 and administered in the Bay Area by the Association of Bay Area Governments and statewide by the Office of Planning and Research. The scope of BCDC review will be limited to ensuring that the proposed project or activity is consistent with the BCDC management program. In the event that the Commission determines that the proposed project or activity is not consistent with the management program, the Commission will attempt to resolve the inconsistency through negotiation with the applicant-. If no resolution is possible, BCDC will forward its determination to the appropriate Federal agency through the State or Metropolitan Clearninghouse and, as required by Section 307(d) of the Federal Coastal Act, the Federal agency will not approve the proposed project, except upon a finding by the Secretary 2f Commerce that the project or activity is consistent with the purposes of the coastal zone Management Act or necessary in the interest of national security. 5. Public Participation/Intergovernmental Involvement (Sections 923.31, 923.32, and 923.41) A primary objective in the development of the BCDC management program for San Francisco Bay was to encourage the maximum feasible involvement of both the public and other agencies of government. This was accomplished in a variety of ways. -34- a. Membership on the Commission The Commission was deliberately made representative of a cross-section of the Bay Area and included members representing Federal agencies, State agencies, counties, cities, and the public, as follows: one repeesentative of the Army Corps of Engineers, appointed by the Division Engineer. one representative of the Department of Health, Education and Welfare, appointed by the Secretary of HEW (now the Regional Administrator of the Environmental Protec- tion Agency). The administrator of the California Transportation Agency. The State Planning officer. The Secretary of the California Resources Agency. A member of the State Lands Commission. A member of the San Francisco Bay Regional Water Quality Control Board. A member of the Bay Area Transportation Study Commission. Nine county representatives, each a resident of one of the nine.-.counties, appointed by the board of supervisors of each county, Three representatives of cities (increased to four by the 1969 amendments to the McAteer-Petris --7, Act . appointed by the Association of Bay Area Governments. Seven representatives of the general public, five of which were appointed by the governor, one by the Senate Rules Committee, and one by the Speaker of the Assembly. (In addition, a member of the State Senate and a member of the State Assembly were appointed by the Senate Rules Committee and the Speaker respectively to meet with and participate in the BCDC's activities to the extent compatible with their legislative duties.) -35- b. The Advisory Committee To assist in planning for the Bay, the Commission had the aid of an advisory committee required by the McAteer-Petris Act. This committee included those agencies and individuals with a commercial interest in the Bay, as well as representatives of prominent conserva- tion groups and the professions. Under the law., the advisory committee had to include at least one each of the following: a representative of a public agency with jurisdiction over harbor facilities, another for airport facilities, a biologist, a sociologist, a geologist, an architect, a landscape architect, a representative of an industrial development board, and a private landowner. The members of the advisory committee during the planning years are listed on page iii of the Bay Plan. The names and positions of the present members of the advisory committee are included in Appendix IV. They include, among others, the Executive Vice President and Manager of the San Mateo County Development Association; a project director for @the U. S. Geological Survey; the Director of Urban and Regional Studies for Stanford Research Institute; the Chief of Planning for San Francisco International Airport; a past-president of the Bay Area League of Women Voters; the General Manager of the East Bay Municipal Utilities District; the Land Use Planning Advisor for the Pacific Gas and Electric Company; a professor of sociology at the University of California; the Executive .Director of the Port of Oakland; the General Manager of the East Bay Regional Park District; a member of the Save San Francisco Bay Associa- tion; and the President of the Leslie Salt Company. c. The Planning Process In order to deal adequately with the complexity of the development-related issues facing the Bay, and at the same time provide a manageable, easily understood planning process, the Commission divided the Bay and the problems into 23 topics. They covered the Bay as a resource, the pressures on that resource, various aspects of planning and the means to carry out the plan. The 23 subjects were: Tidal Movement Sedimentation Water Pollution Fish and Wildlife Marshes and Mudflats Flood Control Effects of Bay Fill on Smog and Weather Appearance and Design -36- Economic and Population Growth Maritime Commerce and Ports Airports Surface Transportation Recreational Needs Refuse Disposal Ownership of Bay Lands Regulation of Land Development Geology Stability of Filled Land Resources (Salt, Sand, Shells and Water) Governmental Machinery Neccessary to Carry out the Plan Public Facilities and Utilities Waterfront Housing Waterfront Industry The Commission staff@ assisted by special consultants where necessary, prepared a technical, detailed report.on,each of these topics. All reports presented facts,as well as a discussion of alternative uses of the Bay. They were written in a clear, easily understood style to facilitate understanding of the Commission's work and were accompanied by both a summary and one or two pages of "possible planning conclusions" based on the report. Drafts of background reports and the possible planning conclusions were submitted for full review and comments to the indivi- dual members of the advisory committee, which functioned as an advisory board rather than as a committee. The individual comments were returned to the staff, which made'revisions as it felt appropriate. The final reports, and possible planning,conclusions, along with the advisory committee members' comments, were then presented to the Commission. In case of disagreement with members of the advisory committee, or among staff or consultants, all points of view were presented to the Commission. -37- In addition, prior to formal Commission consideration, the final reports and tentative planning conclusions were widely distributed to other Federal, State and local agencies and to the public at large. Many testified or wrote letters expressing their opinions of the suggested policies. Many revisions in the conclusions were made during Commission meetings as a result of suggestions from thefloor by the public. The same sequence was followed in the next step of the planning program, development of a preliminary plan. Using policy decisions adopted by the Commission, the staff-again with consulting help as needed--prepared a tentative plan. This., too, was submitted to the advisory committee for comments, widely distributed, and then presented to the Commission for public hearing, debate and voting. Hearings were held at various points around the Bay. Further amendments and changes were made with final adoption of the Plan occurring on September 20, 1968. d. The Permit Process Another major factor in ensuring maximum intergovernmental and public involvement during development of the Plan was. the Commission's power to control land use in the Bay.- The BCDC law specified that, with the exception of minor repairs or improvements which could be approved by the Executive Director, all development in the Bay required a permit from the Commission itself. With this permit authority, the Commission was able to do its planning and at the same time protect the Bay from destructive projects while the Plan was being completed and the necessary protections enacted into law. The permit authority made the Commission the protector of an important resource, which made it immediately popular, and the permit matters generated interest from both the press and the public. (Because they are voluminous, the minutes of the over 75 Commission meetings from 1965 to 1968 when the Plan was submitted to the Legislature, which document in considerable detail both planning and permit decisions, have not been included. The originals are on file in the Com- mission's office and copies can be provided, if necessary.) Other factors also encouraged public interest and support. The law creating the Commission made public hearings on.permit applications mandatory, and under California law all Commission meetings were open to the public. And as noted, testimony from meinbers.of the public was welcomed, and citizens were otherwise involved in the process. The BCDC's public visibility was also enhanced by: The issuance of numerous press releases on consultants' findings,, reports, plan- ning policies, permit applications., and decisions. As a result, there was consid- erable press coverage of BCDC meetings. ___38- The clarity and succinctness of the summary reports. They were circulated widely as each was completed, and public reaction was vigor- ously sought. Speaking appearances by members of the Commission and its staff at many meetings throughout the Bay Area to explain Commission activities and policies. At the end of the planning period, the Commission produced a short film about its Plan, which was ,shown widely. e. Involvement of State, Regional, and Local Government The Commission maintained close relations with regional and local government throughout the planning period. There were a number of reasons for this: Of the 27 BCDC members, 12 were county or .city officials, including 3 appointed by the Association of Bay Area Governments. The law directed the BCDC to "give consideration to the master plans of cities and counties around the bay"; to "cooperate,to the fullest extent possible with the Bay Area Transportation Com-.: mission and the Association of Bay Area Govern- ments"; and to "coordinate its planning for the bay with planning for the land area surrounding- the bay by local agencies, which shall retain responsibility for land use planning." Furthermore, as the Commission began refining its Plan and considering particular areas of the Bay, it held meetings with local plan- ners, public works directors,' recreation officials and others. These meetings produced a great amount of invaluable. advice, and the Commission was alerted to local problems. But perhaps the most important factor in the Commission's relative success involving local governments in the Bay Area was that the loc&l governments still retained jurisdiction over proposed projects. If a project required a local permit as well as one from the Commission, the applicant was required by law to obtain the local permit from the appropriate city coun-cil or county board of supervisors before going to BCDC. A local agency, after investigation, could deny-the application, putting an end to the project, or approve it and file a report with BCDC within 90 days. The BCDC, in ruling on an application, was directed to give "full consideration" to the report of the city council or county board. -3.9- f. State Agencies All State agencies with a stake in San Francisco Bay were included in the development of the BCDC program. Those with the most direct interest in the Bay were represented on the Commission. These included the Resources Agency, the Department of Transportation, the Department of Finance, the State Lands Commission, and the Regional Water Quality Control Board. In addition,, the Governor had five appointees to the Commission including the chairman and vice- chairman, and the Legislature had two appointees. Many of these agencies,, and other agencies as well, played an additional role, either through the preparation of one of the back- ground reports (Department of Fish and Game., the Division of Mines and Geology., and.the Department of Parks and Recreation), or as key reviewers of background reports prepared by the staff (the State Lands Commission and the Department of Transportation). In addition, all other State agencies with any potential interest in Bay planning received copies of the Commission's background reports, and had opportunities to make their views known to the Commission. g. Continuing Involvement of State and Local Agencies The involvement,of State and local agencies begun during the preparation of the Bay Plan has continued since 1969 as an essential element of the management program. This continuing involvement is described in Section 7, organizational Networks. 6. Legal Authorities (Sections 9 .23.17, 923.21, 924.24, 923.25, 923.26, and 923.44) (Except as noted, Authorities cited are in Appendix III) a. Permit Control in the Coastal Zone Within the BCDC segment of the coastal zone, the State, through BCDC, controls the permissible land and water uses identified in Section 2P and excludes land and water uses that are not permissible,. through a permit.system. administered by the Commission under the pro- visions of the McAteer-Petris Act, California Government Code Sections 666oo through 66661. Specifically, the Commission's jurisdiction over the Bay, the first 100 feet of the shoreline, managed wetlands, salt ponds, and certain named waterways is defined in Section 66610. Under Section 66632.,, any person or governmental agency wishing to place fill, to extract materials or to make a substantial change in use of any water, land, or structure within the area of the Commission's jurisdiction must secure a permit from the Commission. "Fill" under Section 66632 is defined as flearth or any other substance or material, including pilings, or struc- tures placed on pilings, and structures floating at some or all times and moored for extended periods, such as houseboats and floating docks." As a result., all except the most minimal development within the Commission's jurisdiction requires a BCDC permit. -4o- (1) The Bay Under Section 66605 of the law and the provisions-of the Bay Plan, fill in the Bay is limited to the minimum necessary for specified water-oriented uses, except where, under Section 66632(f)(1), the Commission finds and declares that a proposed project is necessary to the health, safety, or welfare of the public in the entire Bay Area. (2) The Shoreline Under Section 66611 of the Act, the Commission can designate areas within the 100-foot shoreline band for certain water- oriented priority uses., and the Commission has done so on Plan Maps. The precise written descriptions of the priority use areas referred to in Section 66611 were made in Resolution No. 16 adopted on November 18, 1971, a copy of which is included as part of Appendix IV. Within these priority use areas, under Sections 66632 and 66632.4 of the Act, any project must be consistent with the Bay Plan. Outside the priority use areas, under Section 66632.4, a project in the shore- line band must.provide maximum feasible public access consistent with the project. (3) Salt'Ponds and Managed Wetlands Under Section 666b2.1 of the Act, the Commission is to encourage continued maintenance and operation of the salt ponds and managed wetlands, and under Section 66632., permits for work in these areas must be consistent with both the law and the Plan. Both the law and the Plan further provide that, if development i's proposed for these. areas, dedication or public purchase of some of these areas should be encouraged to preserve water areas. Furthermore, any development ultimately authorized should provide maximum feasible public access to the Bay and retain the maximum amount of water surface area consistent with the project. (4) Named Waterways Added to the Commission's jurisdiction in 1970, the certain waterways referred to in Section 66610(e) are regulated under the Bay Plan and the law as if they were part of the Bay. (5) The Suisun@ Marsh Under the Suisun Marsh Preservation Act of 1974, (Cal.. Fish and'Game Code, Sections 1850-1883), the Commission has expanded permit jurisdiction over the key wetland areas of the Suisun Marsh, pending comple- tion of the Suisun Marsh Protection Plan. Under Sections 1860 and 1878 of the Act, BCDC permits are.required for any "development" in the wetland areas of the Marsh. A permit can be granted only if the Commission finds that the development is (a) not injurious to health, safety., or welfare _41- of the general public,, (b) of a nature that will not prejudice preparation of the Plan, and (c) consistent with the preservation and enhancement of the Marsh as a wildlife habitat of nationwide importance. In addition, Section 1879 of the Act places similar restrictions on loca,1 government with regard to the kinds of develop- ment adjacent to the wetlands of the Marsh. (6) Permit Conditions In any area of the Commission's jurisdi,tion, permits issued can be subject to reasonable terms and conditions including the uses of lands or structures, intensity of uses, construction methods, methods for dredging or placing of fill,, dedication., public access, and the retention of water surface area (see Section 66632(f)). b. State Regulation of Air and Water Quality In the BCDC Segment Within the BCDC segment of the coastal zone,, the Commission's permit authority also extends to matters relating to air and water quality. However., the Conmission recognizes that comprehensive regulation of both air and water quality has ramifications beyond any reasonable definition of the coastal zone, and that there are existing agencies established by State law with the necessary expertise and authority to deal with these matters. These agencies are included in the Commission's management net- work described in Section 7, and with rare exceptions, the Commission pursues air and water quality objectives in the coastal zone through these agencies. c. Techniques for Control of Land and Water Uses; Power to Administer Land Use Regulations, Control Development and Resolve Conflicts BCDC controls existing-, projected, and potential land and water uses within its jurisdiction through alternative (2) described in Section 923.26 of the regulations. The State, through BCDC, is directly involved in the establishment of reasonably detailed land and water use regulations, which are then applied.to individual cases through the BCDC permit process. Local governments may adopt their own zoning ordinances or regulations. However, every development requiring a BCDC permit must be consistent with the McAteer-Petris Act and the Bay Plan, regardless of local zoning. Through the permit system, therefore, the Commission has the power to control development in order to ensuxe compliance with the management program and to resolve conflicts among competing uses.. -42- d. Authorities* for Property Acquisition Under California law, the State can condemn any type of property, and any right title, or interest therein necessary for the public use for which it is required (Cal. Const., Art. I, See. 19; Cal. Code Civ. Proc.., Sections 1240.010 and 1240.110). The Department of Transportation, Department of Water Resources, Regents of the Univer- sity of California, Hastings College of the Law., the State Lands Commis- sion, the Reclamation Board (on behalf of the Sacramento and San Joaquin Drainage District), and the Department of Fish and Game (for certain limited purposes) may exercise the State's power of eminent domain on their own behalf. Condemnation of property for all other State purposes, including parks, recreation,, and open space., is the responsibility of the State Public Works Board under the Property Acquisition Law (Cal. Gov't Code, Sections 15850-15866). Acquisition, however, is not necessary to achieve conformity wit@ the management program. The Bay Plan designates sites for waterfront parks and other water-related recreational uses and further recommends that either BCDC or a sister regional agency be given authority and funding to carry out these acquisitions. These recommendations were not accepted by the Legislature in 1969', and therefore the recommendations in the Bay Plan relating to acquisition are advisory only. Nevertheless, since completion of the Bay Plan in 1969, and as public concern about the quality of the environment has increased, especially with regard to the disappearance of open space, there has been considerable acquisition by Federal, State, and local agencies of lands within the coastal 'zone for purposes consistent with the Bay Plan and the BCDC management program. Some of the more significant results are the San Francisco Bay National Wildlife Refuge (U. S. Fish and Wildife Service), the Golden Gate National Recreation Area (National Park Service), Point Pinole Regional Park (East Bay Regional Park District), and Candlestick Point State Park (State Department of Parks and Recreation). The commis- sion is also working with these and other agencies on a continuing basis to ensure that their acquisition programs for the future are consistent with the Day Plan and the BCDC program. e. Local,Regulations and Uses of Regional Benefit The entire. BCDC planning process from 1965 to 1969, and the Commission's on-going activities since 1969, have been directed toward defining uses of regional benefit and providing that such uses are not arbitrarily or unreasonably excluded by local government. The major reason for this is that prior to BCDC, the Bay was being filled under the auspices of local governments and other agencies for a wide variety Because they are not essential elements of the Commission's management program, the authorities cited in this subsection are not included in Ok Appendix III. -43- of purposes, ranging from clearly Bay-related uses, such as port facilities, to completely unrelated uses, such as garbage dumps and subdivisions. Consequently, the Commission's primary task was to determine which uses of the Bay were of regional benefit and how to ensure that these uses were accepted by local government. Through the planning process, these uses were determined to be ports., water-related industries, airports, wildlife refuges, water- oriented recreation, and water-oriented public assembly. The planning process also ensured, and continues to ensure, that these uses are not arbitrarily or unreasonably excluded by local governments. Both the uses themselves and the suggested locations for these on the Bay Plan Maps were made only after affected local governments had been given the fullest possible opportunity to participate and express their views. Furthermore, the Commission enforces the decisions made during the planning process with regard to uses of regional benefit. Even if a local government should zone a priority use area for a use inconsistent with the designations, and thus potentially attempt to exclude a use of regional benefit as determined by the Commission, BCDC could not issue a permit for any development within the first 100 feet of:shoreline that was inconsistent with the designation. In most cases,, this is sufficient to ensure use of a parcel for a designated priority use, because most of the value of the parcel lies in its shoreline frontage. Where necessary the Commission augments the permit process with the powers available to it under other-State laws, such as the California Environmental Quality Act, to assure consistency with the priority use designations. Environmental impact reports (EIR's) must be prepared on zoning changes, amendments to general plans, and specific development proposals along the shoreline. In reviewing these,, a major objective of the Commission is to assure that parcels located partially beyond the 100-foot shoreline band, but designated for a priority use, are used for purposes consistent with the designation. This is also a major objective of the Commission when it reviews legally-required local general plans and when it prepares special area plans in cooperation with local governments for specific areas within the Commission's jurisdiction. The result has been that attempts by local governments to exclude the uses of regional benefit identified in the Bay Plan have not been a problem. If anything, the more serious problem has been competition among localities for regional facilities like ports and airports with their real or imagined economic benefits. To resolve these potential conflicts, the Commission has strongly advocated more detailed regional planning and participates in several planning efforts for specific uses. In particular, the Commission is a member of the Regional Airport Planning Committee studying Bay Area airport needs under the auspices of the Association of Bay Area Governments and the Metropolitan Transportation Commission. Participating in this effort _44- are the State Department of Transportation, which has responsibility for state-wide aviation planning, and the Federal Aviation Administra- tion. The Commission has also recently undertaken a regional ports planning effort with the Metropolitan Transportation Commission and the Bay Area ports. State-wide input is being provided by a repre- sentative from the California Department of Transportation. 7. Organization Networks (Section 923.22) BCDC has the primary responsibility for carrying out the State coastal zone management program in the Bay Area. As is discussed more fully in the preceding section,- within the BCDC sepent of the coastal zone, this is done primarily t'hrough the BCDC permit process. outside BCDC permit jurisdiction in the Bay Area@ the program is carried out through coordination and cooperation with other governmental agencies. Based on the roles they play, these agencies fall into two categories: (a) those that play a primary role in the BCDC management program; and (b) those that play a secondary role. An agency plays a primary role if it participates regularly and directly in the Commis- sion's activities, either as a member of the Commission', or as a key advisor on planning and permit matters; or if the Commission relies on, the agency to carry out an essential element of the management program. An agency plays a secondary role if it does not participate directly2 but its activities may affect, or be affected by2 the management program from time to time. In these cases, coordination takes place as required. a. Federal Agencies--Primary Roles There are two Federal agencies with major regulatory responsibilities in the BCDC segment of the coastal zone. Under the Federal Water Pollution Control Act of 1972 and the Rivers and Harbors Act of 18992 the Corps of Engineers administers an extensive Federal.- permit system in the Bay. The Corps is also responsible for a considerable amount of maintenance dredging and navigation-related construction in the Bay. The Environmental Protection Agency has the Federal responsibility for overseeing State implementation of federally-required air and water quality-programs in the Bay Area. Because of their respqnsibilities and authority under Federal law, both the Corps and the EPA play primary roles in the BCDC management program. Both are represented on the Commissionp and though their representatives do not vote on permit applications., they participate in all planning and permit matters before the Commission. The Commission also relies on the Corps of Engineers for assistance in implementing the Bay Plan. The Corps considers the Plan as reflecting "local factors of the public interest." under Section 209.120(g)(3)(i) of its regulations governing the issuance of permits. _45- This means that unless there are everpidmag faeteps ef the aetlenal latepee-47 the Corps will normally grant a permit for projects for which BCDC has granted issued a permit and.. unless the Corps deter- mines that there are overriding factors of the national interest which reauire denial of the permit. It also means that the Corps' will normally deny a pe for projects for which BCDC has denied a permit. In .addition, where projects are in areas where the Corps has jurisdiction but BCDC does not., e.g.,, unfilled areas behind dikes lying below the plane of mean higher high water (other than salt ponds or managed wetlands), the commission can obtain compliance with the management program by requesting denial, through the Resources Agency, which prepares State comments on all Corps public notices.,. of Corps permits for undesirable projects.. Another area in which the Corps is of great assistance is surveillance and enforcement. The Regulatory Functions Branch of the San Francisco District continually apprises the Commission-of potential violations of the McAteer-Petris Act, and often supplies the necessary evidence for follow-up enforcement. BCDC and the Corps are also attempting to establish a joint procedure for the processing of permit applications. Under the procedure as envisioned, the Corps and BCDC would jointly solicit comments on proj- ects through the Corps public notice. BCDC'and the Corps would also hold joint public hearings where appropriate, with the goal being to have the District Engineer in a position to act on the Corps permit immediately following Commission action on the BCDC permit. If successfully imple mented., the joint procedure would simplify the entire process for appli- cant,s,, shorten the time period required to receive needed authorizations, and encourage greater participation by Federal agencies in the BCDC permit process. b. Federal Agencies--Secondary Roles Several additional Federal agencies are playing a secondary role in the further development of the BCDC management-program. Along with the Corps of Engineers, the Army and the Navy,, subject to national security restrictions., enter into memokandaof understanding,with the Commission with regard to activities that would otherwise require BCDC permits. The Federal Maritime.Administration played a major role in the preparation of a Commission report for the California Legislature on the regulation of dredging. This report was of particular interest to the Maritime Administration because the major ports in the Bay Area are among the larger dredgers and most directly affected by the delays in the regulatory process. In addition, numerous Federal agencies are included on the Commission's mailing list, coordination occurs with them as needed,, and their comments were specifically solicited in the preparation of the Commission's statement on the National Interest in San Francisco Bay included in this program. These agencies are listed in Appendix I. -46- c. State Agencies-Primary Roles The following State agencies., departments, boards and commissions play 4 primary role in the BCDC management program: (1) The Resources Agency. In addition to BCDC, the Resources Agency comprises the Departments of Conservation, Fish and Game, Navigation and Ocean Development,, Parks and Recreation., and Water Resources, together with the State Lands Division, the Air.Resources Board, the Colorado River Board, the State Reclamation Board, the State Water Resources Control Board, the nine regional water quality control boards, the Solid Waste Management Board, theEnergy Resources Conserva- tion and Development Commission, and the California Coastal Zone Conser- vation Commission. The Secretary for Resources is responsible for communicating the Governor's policies and program objectives to the organizations within the Resources Agency and for advising the Governor on major policy and program considerations relative to the Resources Agency. The Secretary also represents the Governor in the coordination of Resources Agency programs, and in relations with other State,, Federal., and local jurisdictions. The Secretary for Resources and the Resources Agency staff play a primary role in the BCDC management program in a number of ways. A member of the Secretary's staff is by law a member of the Com- mission, and consequently plays a direct role in both planning and permit decisions. In addition, it is Resources Agency policy that all agencies.; boards and commissions within the Agency should contribute to,, and conduct their activities in accordance with the BCDC program to the maximum feasible Of particular significance with regard to the Coastal Zone Management Act.,,both BCDC and the Coastal Commission are located within the Resources Agency, and the Agency exercises general oversight over both Commissions. This includes serving with BCDC and the Coastal Commission as the lead agency for CZMA purposes. The Resources Agency is also responsible for preparing ihe official State comments on Corps permits. In cases where a BCDC ' permit is required, the Agency transmits BCDC comments on the project to the Corps. This latter function of the Agency is particularly important to BCDC, because the Agency'generally objects to the-issuance of a Corps permit opposed by BCDC or any other organization within the Resources Agency, and the Corps will not issue a permit over a State objection. Federal deference to the State in Corps permit matters is thus a powerful tool in ensuring consistency with the BCDC management program. (2) The Department of Fish and Game is concerned with all Bay activities that might affect the fisheries or wildlife habitat of the Bay. Consequently.,-although part of the Resources Agency, the Department has a special relationship to the Commission and com-m ats on the fish and wildlife aspects of all permits. These comments become the basis for _47- special conditions relating to mitigation,of'adverse impacts on fish and wildlife resources, and on occasion, for denial of a permit where warranted. Furthermore, as mandated by the Suisun Marsh Preservation Act (see Appendix III), the Department and the Commission are working closely together to prepare the Suisun Marsh Protection Plan. (3) The State Lands Commission, as the custodian of all property owned or held in trust by the people of the State of California, owns substantial portions of San Francisco Bay. Along with BCDC, it is also responsible for the exercise of public rights in still other portions of the Bay in private ownership. In carrying out its responsibilities in the BCDC segment of the coastal zone, the Lands Commission recognizes the McAteer-Petris Act and the Bay Plan as the State management program for the BCDC segment of the coastal tone,, and ensures that State-owned prop- erty is used for purposes consistent with the management program. In cooperation with BCDC., the Lands Commission has also asserted State claims to land in and adjacent to San Francisco.Bay. As a result, the extent of public rights in over 10,000 acres of privately- owned tidelands in the Bay is currently in litigation, and if these rights are successfully established, it would be a substantial step forward in protecting the Bay. The Lands Commission has also asserted State claims in other key areas of the Bay,, and the resulting settlements have guaranteed the preservation of substantial areas that might otherwise have been lost to development. The Regional Water Quality Control Board and the'State -Water Resources Control Board, which has state-wide jurisdiction an7d super- vises the regional water quality control boards throughout the State, both play a primary role in the BCDC management program. This is becau 'se the State and Regional Boards have specific statutory authority over water quality in the Bay under the Porter-Cologne Water Quality Control Act and the entire California water quality control system predates the creation of BCDC. In addition, the State and Regional Boards have the jurisdiction and expertise to deal comprehensively with water quality matters, with ramifications beyond the coastal zone. Therefore ' in its planning for the Bay from 1965 to'1969., the Commission did not deal extensively with water pollution, and the Commission considers the requirements and program of the State and Regional Boards to be the water qualit@- element of the@BCDC management program. Close-continuing cooperation is further ensured by specific provisions of the McAteer- Petris Act. Under Section 66632(g), one member of the Regional Board sits on the Commission. Under Section 66632(e), the Commission is required to transmit copies of all-applications to the Regional Board, which is then required to respond within sixty days, indicating the effect of the proposed project on water quality in the Bay. Where appropriate., these comments become the basis for special permit conditions relating to water quality. -48- The reverse is also true. The Regional Board recognizes the McAteer-Petris Act and the San Francisco Bay Plan as the management program for the BCDC segment of the coastal zone., and considers it,a major factor in determining the beneficial uses .of the Bay., which.are the bases for water quality planning., program- ming., and control. This legally-established relationship is further supplemented by a high level of staff interaction. The BCDC staff and the Regional Board staff are working together on the development of dredge disposal criteria, criteria for the safe harvesting of shellfish., and similar matters. (5) The Department of Transportation (CalTrans) has responsibility for administering the State's transportation programs. These include transportation planning, development of mass transporta- tion, aeronautics,, highway planning and construction. Because CalTrans activities affect the BCDC segment of the coastal zone in a vakiety of ways, a representative of CalTrans sits on the Commission and partici- pates in all planning and permit decisions. CalTrans also recognizes the McAteer-Petris Act and the Bay Plan as the management program for tHe BCDd segment of the coastal zone. (6) The Department of Finance is responsible for assisting the Governor in the development of the State's annual financial plan, and by statute the Director of,Finance serves as the Governoris chief fiscal policy advisor. The Department also provides economic, financial,,' and 4demographic information. A representative of the Department is by law a member of the Commission and participates in all planning and'permit decisions. The Department is also responsible for advising the Governor on the fiscal needs of the Commission. (7) The Department of Justice headed by the California Attorney General represents the Commission in all litigation and acts as the Commis'sion's legal advisor. The role of the Department has,been of profound importance in the success of BCDC to date. This is because the.quality of the Commission's legal representation has been excellent, and because the Attorney General, as the chief law enforcement officer of the State, brings a 8tate-wide perspective to both the Commission's work and its litigation, much of which is necessarily precedent-setting. (8) The State office of Planning and Research is the State clearinghouse for A-95 and State environmental impact report (EIR) review. The clearinghouse plays a primary role in the BCDC management program by providing information on projects and activities that may affect the BCDC segment of the c-oastal zone% The EIR process is a major tool by which BCDC can assure that these projects and activities are consistent with the BCDC management program. -49- (9) The Energy Resources Conservation and Development Commission was created by the State Legislature in 1974, and has a broad mandate to: Assess trends and to forecast state-wide demand for electricity and other forms of energy; Determine the need for new power plants and to evaluate and certify proposed designs and sites, either on the coast or inland; Study and promote the development of new alternative energy resources and new generation and transmission techniques; Prescribe and carry out new and expanded energy conservation measures; and Make recommendations to the Governor and Legislature for State policies and actions for the orderly development of all potential sources of energy to meet the State's needs. Most of the sites suggested for power plants in the Bay Area are "grandfathered" under-the legislation creating the Energy Commission. This means.that BCDC retains permit jurisdiction over facilities at these locations. However, 2rior to granting any required permit for power.plants in BCDC jurisdiction, tTe- Commission will request the co@ @ents of the. Ene Fo-mmission, Lnd.any comments received -@;ill be I primary factor in the Commission's permit decision. In the event "non-grandfathered" power plants are 12roposed for areas within the Commission's jurisdiction, the Commission rroposes to follow the -procedures analogous to those tentatively agreed on @Z the Energy Commission and the.California Coastal Zone Conservation Commission and incorp ated in the. pending coastal legislation. These include BCDC analysis of notices of intent to file.applications with the Energy Commission for anv site.and related facility within the watershed of San Francisco Bay to the eastern limit of BCDC ioermit jurisdiction. The Bay Commission will 'Provide the Energy Commission with a written @ort on the suitability ofethe site and related facility and specifically find whether or'not the -proposed facility,and site is consistent with the CommissionIz management program,for San Francisco Bay. Under the -procedures agreed,upon by the Energy Commission and the Coastal Commission, the Energy Commission would then address the @a .a Commission's findings in the legally-r2quired final report, and adopt -50- these findings in the final report and in any certificate issued, unless the Energy Commission finds that to do so would result in a greater adverse effect on inland resources then on San Francisco Bay. Because of the newness of the Energy Commission, its role in the BCDC management program is currently being defined and is expected-to-be-primary. The Bay Commission expects to formalize these procedures shortly in a memorandum of understanding with the Energy Commission. The establishment of this relationship This has not been immediately necessary because no major energy projects were pending in the Bay Area, and most of the potential sites for energy facilities in the Bay are already identified in the Bay Plan. d. State Agencies--Secondary Roles The following State agencies play a secondary role in the management program: (1) The Department of Parks and Recreation is responsible for the acquisition and management of the State Parks System. BCDC per- mits are required for all park developments within BCDC jurisdiction, and the Department and BCDC coordinate as,needed on specific projects,, such as the State Park.at Candlestick Point in San Francisco currently under development. (2) The Department of Navigation Iand ocean Development (DNOD) makes loans for recreational harbor development and grants for boat launch- 'ing facilities, and its activities in the Bay are directly affected by the BCDC management program. DNOD uses the Bay Plan to guide its decisions on the location of boating facilities, and,BCDC and DKOD coordinate closely on, the design and construction of individual facilities funded by NOD in the Bay. (3) The Department of Water Resources (DWR) is responsible for the California.Water Plan and the California Water Project. These are both of concern to the Commission because of the potential diversion of freshwater inflow from the Delta., and hence from the Bay, under the Water Plan through the facilities of the Water Project. While the facilities of the Water Project are not located within the COMMIssion's jurisdiction, the Commission has worked closely with DWR and the State Water Resources Control Board, which regulates the operation of the Water Project, to assure that an adequate flow of freshwater into the Bay is maintained. The recent amendments to-the Bay Plan policies on Freshwater Inflow (Bay Plan., page 12, as amended), which state the Commission's support for the Delta water quality standards set by the State Board, are a direct result of this cooperation. e. Regional Agencies The following regional agencies play a primary role in the BCDC management program: -51- (1) The Association of Bay Area Governments is the HUD- designated comprehensive planning agency for the Bay Area, and as such serves as the Metropolitan Clearinghouse. BCDC relies on the clearing- house for information on projects both within and outside its permit jurisdiction and uses the A-95 process and the State environmental impact report process to implement the Bay Plan outside the Commission's permit jurisdiction. The Association of Bay Area Governments also appoints four (three during the planning years from 1965 to 1969@ representatives of local govern@ment to-the -Commissi-onT and in tapn one member of the Gesmiselea serves en the Asseeiatien of Pay Area Governments! task feree in eharge of water qaality plannine binder Seetien 299 of the Federal Water Pella-161en Gentpel Aet of 1572. The Association of Bay Area Governments will also probably receive a portion of any 306 funds allocated to the Commission to assist in the preparationof a study of debris disposal in the after- math of a major earthquake. (After the 1906 earthquake and fire, much of the debris ended up in the Bay.) The Association of Bay Area Governments also playsa primary role in the BCDC management program as the "areawide waste treat- ment management planning agency" for the Bay Area under Section 208 of the Federal Water Pollution Control Act of 1972. The Association of Bay Area Governments has received a $4.3 million grant from the Environmental Protection Agency to prepare a plan to meet the requirements of Section 208. An " "Environmental Management Task Force" broadly representative of local governments, regional agencies and citizen groups will oversee development of this plan. BCDC has been invited to participate on this task force, and one member of the Commission has been appointed. (2)' The Metropolitan Transportation Commission (MTC) is the regional transportation planning agency for the Bay 7Fe-a.One member of the Commission is by law a member of MTC.,- the MTC Regional Transportation Plan recognizes the Bay Plan as the regional plan for the Bay and shoreline, and the staffs of MTC and BCDC coordinate to ensure that all 14TC transporta- tion planning is consistent with the Bay Plan. BCDC is represented on the ABAG-MTC Regional Airport Planning Commission. In addition, BCDC and MTC have jointly undertaken a regional ports planning effort in cooperation with the Bay Area ports. These areas are of particular,importance to the Commission because of the potential Bay fill involved in either port or airport expansion. ,(3) The Bay Area Air Pollution Control District (BAAPCD) has primary responsibility for enforcing the air quality standards in the Bay Area under State and Federal law. Because the.BCDC segment of the coastal zone is only a small portion of the area under the District's jurisdiction, and because most uses affecting regional air quality are locatled outside the coastal zone,, the BCDC management program does not deal extensively with air quality. However, to the extent that air quality issues do exist which primarily or exclusively affect the BCDC segment of the coastal zone, they have been addressed in the management program. For example, the Commission found that filling a substantial -52- part of the Bay could cause (a) higher surn rtime temperatures and' reduced rainfall in the Santa Clara Valley and the Carquinez Strait- Suisun Bay area; and (b) increases in the frequency and thickness of both fog and smog in the Bay Area. The Bay Plan policies on Smog and Weather (page 10) therefore state that the remaining water volume and surface area of the Bay should be maintained to the greatest extent feasible., and these policies are taken into consideration in the issuance of every permit. on other air quality issues, the Commission works with the BAAPCD on a case-by-case basis to ensure that air quality in the BCDC segment of the coastal zone meets State and Federal standards. One example of this coordination is discussed in subsection g., which describes the BCDC management network in operation. f. Local Agencies The past and continuing participation of local government in the Commission's planning and permit decisions has been essential to the Commission's implementation of the BCDC management program. A majority of the Commission consists of representatives of local.govern- ments:, nine county supervisors (one from each Bay Area county); and four members of city councils appointed by the Association of Bay Area Governments. These representatives play a direct role in the Commission's activities. In addition., because of its limited jurisdiction over the shoreline, the Commission relies on local government for assistance in implementing the Bay Plan beyond the Commission's permit jurisdiction. This'is accomplished in two major ways: (1) through coordination with local government in the preparation and amendment of their legally- required general plans; and (2) through the preparation of special area plans, which focus specifically on areas in and adjacent to the Commis- sion's jurisdiction and eventually become part of the Bay Plan. A special area plan has recently been completed for the San Francisco waterfront and is included in Appendix IV as an amendment to the Bay Plan. Another is underway for a portion of the Richmond waterfront. Finally., prior to acting on a permit application, the Commission is legally,required to solicit the views of each city or county within wh-' ch the proposed project is located. The Commission J gives these views considerable weight and has never granted a permit without a favorable local report. -53- g. operation of the Management Network The preceding six subsections described the participants in the BCDC management network and the role each participant played. This section will describe, as much as possible by specific examples, hov,the management network functions, particularly in areas outside the Commission's permit jurisdiction. (1) Agency Compiiance with the Management Program All of the agencies that play a primary role in the BCDC management program recognize the McAteer-Petris Act and the San Francisco Bay Plan, either formally or informally, as the State's management program for the BCDC segment of the coastal zone. To the extent that they may carry out activities that do not require Commis- sion permits, it has been their practice to comply with the program to the maximum feasible extent. The State Lands Commission, for example, will not lease State lands for purposes that are inconsistent with the Bay Plan, and relies upon the Bay Plan as a basis for the assertion of public rights in privately-owned tidelands in substantial parts of the Bay. Similarly, the Department of Transportation works closely with the Commission in planning transportation projects to ensure that they are consistent with the Plan. The willingness of other agencies to comply with the BCDC management program is a product of two primary factors: (a) most of the key agencies were either represented on the Commission or played a major role in the planning process, and consequently the Plan is com- patible with their objectives; and (b) agencies consider the State Legislature's action in 1969--when it made BCDC a permanent agency with responsibility for carrying out the McAteer-Petris Act and the Bay Plan--a legislative decision to make the ECDC program the State program for the Bay, with a corresponding obligation on other agencies to comply with it. To a great extent, however, this compliance, while effective, has been informal. Consequently, the Commission is developing more formal documentation, which will be submitted with the final version of this program to the Department of Commerce. (2) Water Quality Although the Commission's permit authority extends to matters of water quality, both the Bay Plan and the McAteer-Petris Act contemplate that water quality matters will be the primary responsibility of the State.Vater quality agencies. However, because the Commission, through permit conditions, can require applicants to take specific measures to improve water quality in the area of a project, the Regional Board and the Commission have been able to achieve more together than either could have separately. one notable example has been a Commission requirement for pumpout facilities in marinas. Although the Regional Board can require certain water quality standards to be met in a marina, it cannot require the installation of pumpout facilities. The -54- Commission, however, at the request of the Regional Board, can and does require these facilities whenever permits are issued for the construction of new marinas or for substantial improvements in an existing one. This has reduced the discharge of raw sewage from berthed vessels,, which is a source of contamination in marinas and occurs because of the lack of pumpout facilities for marine holding tanks and similar devices-. Furthermore, a standard condition of all BCDC permits is that the permittee obtain and comply with waste discharge requirements set by the Regional Board. (3) Air Quality The Commission,recently worked with the Bay Area Air Pollution Control District on a permit that demonstrates how the Com- mission's management network deals with air quality matters. The permit was for a pipeline from the Long Wharf at,Standard Oil of California's Richmond Refinery to the Pittsburg and Antioch power plants owned by the Pacific Gas and Electric Company. The pipeline was to carry low- sulfur fuel oil from the refinery to the power plants,'where it would be used as a boiler fuel to replace natural gas, which could no longer be used for that purpose. Though a good portion of the pipeline and both power plants were beyond the Commission's jurisdiction, the Commission was the lead agency under State law and therefore responsible for the preparation of the environmental impact report on the project. Acting on the advice of the Attorney General, the Commission determined that the environmental impact report had to cover more than just the construction of a pipeline. Rather it had-to discuss the impacts of both construction of the pipeline and the conversion of the Pittsburg and Antioch power plants from burning primarily natural gas to burning low sulfur fuel oil. This meant that the primary impacts of the project would be on air quality both inside and outside the Commission's jurisdiction through increased emissions Of S02. Acting on the information contained in the-environmental imp act report, and in cooperation with the Environmental Protection Agency and the Bay Area Air Pollution Control District, the Commission inserted conditions in the pipeline permit limiting its use to the transport of low sulfur fuel oil, in effect precluding extensive use of high sulfur fuel oil at the plants without a modification of the permit. The Com- mission also required the Pacific Gas and Electric Company to establish a ground level monitoring program, not otherwise required under the regulations of the Bay Area Air Pollution Control District, to deter- mine precisely whether or not State and Federal air quality standards can be adhered to in the vicinity of the plants. (4) 'Freshwater Inflow Freshwater inflow from the Sacramento and San Joaquin Rivers is extremely important to the Bay for a number of reasons, and consequently the Commission has,been concerned about potential diversions -55- of freshwater inflow under the California Water Plan through the facilities of the California Water Project, as well as similar Federal projects. While the facilities of the Water Project are not located within the Commission's jurisdiction, the Commission has worked closely with the Department of Water Resources and the State Water Resources Control Board--the State Board regulates water quality in the Delta and thereby the amount of water than can be diverted through the Water Project--to assure that an adequate flow of freshwater into the Bay is maintained. The recent amendments to the Bay Plan policies on Freshwater Inflow (Bay Plan, page 12, as amended) are a direct result of this cooperation. The revised policies state that (a) there should be no harmful impacts on the Bay from diversions of freshwater; (b) the impact of the diversions should be monitored by @ State regulatory agency,, such as the State Water Resources Control Board to see that no such impacts occur; and (c) an adequate supply of freshwater should be supplied to the Suisun Marsh. These policies became the basis for the Commission's comments on the draft environmental impact report prepared by the Depart- ment of Water Resources on the proposed "Peripheral Canal." Though located outside the Commission's permit jurisdiction, this project is a highly con- troversial part of the Water Project because it will facilitate additional diversions of freshwater inflow with a potentially substantial, but undeter- mined, impact on the Bay. Therefore, in commenting on the DEIR, the Commission asked detailed questions in an effort to elicit all possible adverse impacts on the Bay, together with potential alternatives., in the final environmental impact report. These comments have a.substantive impact because, under California law, an agency cannot undertake or approve a project that would have a substantial adverse impact where a less damaging alternative is available. (Friends of Mammoth v. Mono County, 8 Cal 3d 247, io4 cal. Rptr. 761 (1972); Burger v. Mendocino County, 45 Cal. App. 3d 322, 119 Cal. Rptr. 568 (1975)). The Department of Water Resources is now reevaluating the Peripheral Canal, as well as other aspects of the Water Project. (5) Ports and Airports The expansion of ports and airports in the Bay is of considerable concern to the Commission because either could require sub- stantial amounts of Bay fill. At the same time, State and Federal funding for these facilities is coordinated in the Bay Area by the Metropolitan Transportation Commission. Airport expansion also has major implications for regional land use planning, which is the responsibility of the Associa- tion of Bay Area Governments. Consequently,. the Commission. plays a major ,role in the N!PC Seaports Planning Committee, which is, responsible for advis- ing the Comm-ission and MTC on a-Regional.,Seaports Plan. This Committee also includes representation from the major Bay Area ports and the Corps of Engineers. When complete, this Plan will ensure that BCDC permit decisions with regard to seaports will all be consistent. The Commission also plays _56- a major role in the ABAG-MTC Regional Airports Planning Committee which U has a composition and responsibility similar to that of the Seaports Committee. 8. Miscellaneous (Sections 923.23 and 923.42) BCDC and the California Resources Agency will be designated the single State agency which will be fiscally and programmatically responsible for receiving and administering grants under Section 306 to implement this management program. Upon approval of the management program proposed by' the California Coastal Commission, that agency would assume those functions. This program is being submitted for preliminary approval, and the certification required under Section 923-42 is not included at this time. The Governor will be requested to designate the Attorney General of the State of California to provide these assurances. 9. Segmentation (Section 923.43) BCDC believes that the coastal management situation in California is unique., and that approval of a segmented program in California is not only appropriate but essential. California has been in the forefront of coastal zone management efforts nationwide, first with the San Francisco Bay Conservation and Development Commission and later with the California Coastal Zone Conservation Commission. Consequently, the segmentation that exists is the result of the State's willingness to pioneer in this area. It is clear from the discussion earlier in this submission that the BCDC management program for the Bay includes "a.geographic area on both sides of the coastal land-water interface." With regard to the remaining requirements of Section 923.43,, the letter from the California Secretary for Resources, Claire T. Dedrick, to the Secretary of Commerce on January 13, 1976, should provide the necessary evidence that (a) California will exercise policy control over each segment of the California management program prior to, and following integration .into a complete State management program; and (b) a timetable and budget have been established for the timely completion of the remain- ing segment. -57- PART TWO: APPENDICES Appendix I List of Federal Agencies Comments and Response Appendix II Public Hearings Appendix III McAteer-Petris Act Suisun Marsh Preservation Act and Map Proposition 20 (California Coastal Zone Conservation Act of 1972) California Environmental Quality Act The Porter-Cologne Water Quality Control Act Warren-Alquist State Energy Resources Conservation and Development Act Appendix IV San Francisco Bay Plan Amendments Nn. I and Fol P Map Amendments Resolution No. 16: Priority Use Areas Special Area Plan No. 1: San Francisco Waterfront Advisory Committee Roster BCDC Priority Planning Work Items BC)DC Tentative Proposals for Use of Section 306 Funds .Appendix V Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Lands Commission Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the California Department of Transportation Memorandum of Understanding'between the San Francisco Bay Conservation and Development Commission and the Day Area Air Pollution Control District Memorandum of Understanding between the San Francisco Bay Conservation and Development Commissicn and the State Water Resources Control Board and the California Regional Water Quality Control Board,, San Francisco Bay Region -58- ADDENDUM TO MANAGEMENT PROGRAM FOR SAN FRANCISCO BAY BY THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION -ON STATE OF CALIFORNIA STATE OF CALIFORNIA November 16, 1976 The following revisions have been made by the Commission in the management program sinceits adoption on July 15,, 1976: 1. Boundaries of the Coastal Zone On page.9 of.the Program, delete the quoted definition of the boundaries of the coastal zone outside San Francisco Bay and substitute the following: ""'Coastal zone" neans that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session enacting this division, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the'sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean.high tide line of the sea, whichever is less,, and in developed urban areas the zone generally extends inland less than 1,000 yards .... This boundary was determined by the State Legislature on the basis of the recommendation of the California Coastal Zone Conservation Commission after four years of study culminating in the California Coastal Plan, and it appears in Section 30103 of the newly enacted coastal legislation. 2. Determination of the Boundaries of the BCDC Segment of the Coastal Zone On page 10, last line of the first paragraph, add the following sentence: "This recommendation was accepted by the Legislature and the newly enacted coastal legislation requires BCDC and.the Coastal Commission jointly to undertake such a study. The deadline for submission of the study to the Legislature is July li 1-978-11 3. Excluded Federal Lands on pages 13 and 14., the following paragraph should be substituted for the paragraph beginning at the bottom of page 13 and carrying ov'er to page 14: "Although this interpretation of Section 304(a) was more liberal than that recommended by the office of Coastal Zone Management and resulted in the exclusion 46 of nearly all Federal lands of any significance'in the BCDC seument of the coastal zone, several Federal agencies, includling those whose lands vere clearly excluded in the draft management programs, continued to interpret the Federal Act as requiring the exclusion of all Federal lands regardless of jurisdictional status. in the meantime, the office of Coastal Zone Manage- ment requested an opinion from the U. S. Attorney General in an attempt to clarify this point. "That opinion has now been rendered. While the Commission does not fully agree with the conclusions therein, the Commission will abide by that opinion in the administration of its management program until such time.as it is overturned in court or Section 304(a) is changed by Congress. Therefore, all 'lands the use of which is by law subject solely to the dis- cretion of or which is held in trust by the Federal Government, its officers, or agents' are excluded from the BCDC segment of the coastal zone. According to the Attorney General of the United States., this means all land owned by the United States." 4. The Delta On page 14, seventh line from the bottom., delete the words "Proposition 20" and add the words "the newly enacted coastal legislation." Planning for Federal Activities on page 25, the first full paragraph, beginning with the word "on," should be deleted in its entirety, and the following language substituted: C, "This exclusion has been interpreted by the Attorney General of the United States to mean all lands owned by the United States. The Commission will abide by this opinion in the administration of its management program until such time as it is overturned in court or Section 304(a) is changed by Congress." 6. The BCDC Management Program and Section 307 of the Coastal Zone Management Act a. on page 28, fifth line of the second paragraph, add the following sentence after the sentence ending with the word "Act": "'This interpretation has now been largely confirmed by the United States Attorney General." b. on page 28, delete the first sentence of the third paragraph, and substitute the following sentence: "In light of the Attorney General's opinion interpreting the scope of the excluded Federal lands clause in Section 304(a), the Commission has decided to exclude from the BCDC segment of the coastal zone all lands owned by the United States." c. On page 28, fourth paragraph, fifth line, add the following after the word program "(except to the extent that their activities affect areas included within the coastal zone). -2- d. on page 29, second full paragraph, first line., delete the words 1.1until'the excluded Federal lands issue is clarified." e. on page 30, delete.the second to last sentence in subsection f. on page 31., delete the last sentence in subseqtion (3). 7. State Agencies--Primary Roles On pages 50 and 51, delete the paragraph beginning at the bottom of page 50 and continuing over to the top of page 51 and substitute the following paragraph: "In the event 'non-grandfathered' power plants are proposed for sites affecting San Francisco Bay, the Commission will follow the procedures prescribed in Chapter 6 of the Warren-Alquist Energy Resource Conservation and Development Act (the Warren-Alquist Act). These include BCDC.analysis of notices of intent to file applications with the Energy Commission for any site and related facility within the watershed of San Francisco Bay to the eastern limit of BCDC permit jurisdiction. The Bay Commission will provide the Energy Commission with a written report on-the suitability of any site and related fecillty proposed for this area and specifically find whether or not the proposed facility and site would be consistent with the Commission's manage- ment program for San Francisco Bay. As required by Sections 25512 and 25514 of the Warren-Alquist Act,, these findings and conclusions will be included in the Energy Commission's preliminary report on the notice of intent and in the final report on the con- formity of alternative sites and related facilities designated in the notice. "The Warren-Alquist Act further provides that when an application is filed for certification of a site and related facility, and the site and related facility are not in compliancewith the McAteer-Petris Act and the.Bay Plan, the Energy Commission must meet with BCDC to attempt to correct the non-compliance. if compliance cannot be achieved, the Energy Commission can approve the facility only if it 'determines that the facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving such convenience and necessity."' -3- 8. Miscellaneous On page 57, delete the entire remaining paragraph under Section 8 and substitute the following: "The California Coastal Commission has been designated the single State agency that will be fiscally and programatically responsible for receiving and administeringgrants under Section 306 to implement this management program." 9. Appendix I: Summary of Federal Comments and Response In the Commission's general response to the many Federal comm nts relating to the excluded Federal lands issue, there are several statements premised on the fact that the Attorney General had not rendered his opinion on this issue. Now that the Attorney General's opinion is out, anything in the Commission's response that is inconsistent -with the statements in this addendum on this issue should be disregarded. Also the phrase on page 3 of the Commission's response, second full paragraph, lines six and seven, "to obtain a certification from the Commission" should be deleted, and the following substituted: "to obtain the Commission's concurrence in their certification." -4- APPENDIX I last of Federal Agencies Comments and Response LIST OF FEDERAL AGENCIES LISTING OF FEDERAL AGEhCIES Regional Director Manager, Pacific OCS Office Bureau of Reclamation Department of the Interior Chief, Western Field Operations Center Regional Director Bureau of.Mines U. S. Fish and Wildlife Service Regional Director, Region.V Department of the Interior Office of Inspection and Enforcement Nuclear Regulatory Commission Special Assistant to the Secretary Department of the Interior Facilities Planner General Services Administration Director, Bureau of Land Management Department of the Interior Commanding Officer, Western Division Naval Facilities Engineering Command Supervisor, River- Basin Studies Office 'Regional Director U. S. Fish and Wildlife Service Economic Development Administration Department of the Interior State Conservationist Director, Bureau of Outdoor Soil Conservation Service Recreation Department.of the Interior U. S. Attorney Department.of Justice San Francisco National Wildlife Refuge Regional Field Representative Mass Transportation Administration.. Golden Gate National Recreation Ari@a Regional Director 'National Park Service Departient of Transportation @Chief, Intermountain Field Operations Center Air Force Regional Civil Engineers ..Bureau of Mines National Marine Fisheries-.Service Assistant Director U.S. Geological Survey Regional Forester Department of Agriculture. Director Forest Service U. S. Geological Survey Western,Oil and Gas Office Division Engineer, South Pacific. Division Regional Director Army Corps of Engineers Department of Health, Education and Welfare District Engineer, San Francisco Regional Administrator, Region IX District Department of Housingand Urban Development Army,Corps of.Engineers Pacific.Southwe'st Planning Officer Regional Director, Western Region Department of the Interior Department of Commerce Maritime Administration. -2- Acting Manager 'Regional Adrinistrator Energy Research and@@Development Administration Environmental Protection Agency Administrator Federal Power Commission Federal Energy Administration Commander Regional Adminis'trator Twelfth Naval District General Services Administration COMMENTS AND RESPONSE SWWY AND ANALYSIS OF FEDERAL COMENTS; CONXISSION RESPONSE Two issues were raised by nearly all Federal agencies: (1) the degree to which Federal lands should be excluded from the BCDC segment of the coastal .zone; and (2) the Commission's proposed approach to carrying out its responsi- bilities under Section 307 of the Act,, the so-called "Federal consistency" provisions. These issues are therefore analyzed and responded to first. Following the discussion of excluded Federal lands and Federal consistency is a summary and analysis, on an agency-by-agency basis, of comments made by individual Federal agencies, together with the Commission's response. Some agency comments, however,, are not included in this section. To the extent agency comments related to excluded Federal lands or Federal consistency., they have been analyzed and responded to in the general discussion of these issues. Furthermore, comments suggesting minor changes in wording in the management program have not been included where the Commission has been able to incor- porate the suggested changes into the final draft of the program. Common Issues 1. Excluded Federal Lands Under the Coastal Zone Management Act, "lands the use of which is by law subject solely to-the discretion of or which is held in trust by the Federal Government, its officers or agents" must be excluded from the coastal zone. However, there is considerable disagreement over what Federal lands must be excluded from the coastal zone under this provision of the Act. It is clear that lands subject to the "exclusive legislative jurisdiction of the United States"--so-called Federal enclaves--must be excluded. But these form only a small part of all Federal holdings, and most Federal agencies are taking the position that all Federal lands must be excluded. Some time ago, in an attempt to clarify this issue, the Office of Coastal Zone Management requested an opinion from the Attorney General 'of the United States on this point. This opinion has not yet been rendered, and in the interim, Federal agencies are continuing to insist that the Com- mission exclude all Federal lands from the BCDC.seg3nent of the coastal zone. Commission Response: Because the formal procedures established to resolve the issue of excluded Federal lands could delay approval of the Com- mission's management program for many months, and because the office of Coastal Zone Management has requested an opinion of the Attorney General of the United States clarifying this'point, the Commission has decided, on an interim basis, to exclude from the BCDC segment of the coastal zone all Federal lands, irrespec- tive of ownership or jurisdictional status. However, the Commission reserves the.right to modify this interpr'etation subsequent to the issuance of any opinion on this point by the U. S. Attorney General. The reasons for this decision are more fully set forth in the discussion of excluded Federal lands contained in the management program and beginning on page 13. 2. Federal Consistency Section 307 of the Coastal Zone Management Act requires certain Federal actions to be consistent, to varying degrees, with approved State programs: Section 30 7(c)(1) requires "each Federal agency conducting or supporting activities directly affecting the coastal zone...[tol conduct or support those activities in a manner which is, to the maximum extent practicable consistent with approved State management programs." (Emphasis added.) Section 307(c)(2) requires flany Federal agency which shall undertake any development project in the coastal zone ... [to] insure that the projec-t-is,, to the maximum extent practicable consistent with approved State management program." (Emphasis added.) Section 307(c)(3) requires "any applicant 'for a required Federal license or permit to conduct an activity affect- ing land or water uses in the coastal zone of a State" to obtain a certification from the State that the activity is consistent with a State's approved coastal zone manage- ment program. If the St@te fails to certify that the activity is-consistent'with the approved program, the Federal licensing or permitting agency cannot issue the permit or license unless the Secretary of Comm rce sub- sequently finds that "the activity is consistent with the objectives of the Coastal Zone Management Act or is otherwise necessary in the interest of national security." In the initial draft of the management program, the staff proposed that the Commission continue to use its existing procedures for dealing with Federal agencies to carry out the Commission's responsibilities under Section 307 of the Act. These procedures consisted of voluntary memoranda of under- standing with Federal agencies on projects within BCDC jurisdiction that would otherwise require BCDC permits. (Under the Constitution, a State or any State agency, cannot require Federal agencies to obtain State permits unless expressly authorized to do so by Congress.) The staff also interpreted "any applicant" in Section 307(c)(3) as including Federal agency applicants for Federal permits@ and that therefore Federal permit applicants would require State certification. Although all Federal agencies indicated their intent to comply with the BCDC management program to the maximum extent Dracticable on excluded Federal lands, whether legally required to do or not, several agencies objected to use of the memoranda of understanding process to carry out the provisions of Section 307. These agencies included many of those that have entered into memoranda of understanding with the Commission on a regular basis in the past. Many of these same agencies also objected to the Commission's requiring -2- Federal'agency applicants for Federal permits to obtain State certification prior to issuance of a Federal permit. Commission Response: The Commission believes the memoranda of understanding procedure--a voluntary procedure which Federal agencies participate in as a matter of comity--is a reasonable way of carrying out the Commission's responsibilities under Section 307 of the Coastal Zone Management Act. This is especially true now that all Federal lands have been excluded., on an interim basis, from the BCDC segment of the coastal zone, which significantly reduces the potential legal responsi- bility of Federal agencies under the consistency provisions of the Coastal Zone Management Act. Therefore, in areas within BCDC jurisdiction (whether or not technically excluded from the coastal zone), the Commission W'31.11 continue to request that Federal agencies enter into memoranda of under- standing with regard to any activity or development within BCDC jurisdiction that would otherwise require a Commission permit. The reasons for this decision are fully discussed in the section of the management program entitled "The BCDC Management Program and Section 307 of the Coastal Zone Management Act," beginning on page 27. The.Commission also believes that the phrase 'iany applicant" in Section 307(c)(3) includes Federal agency applicants for Federal permits. This interpretation is concurred in by the Office of Coastal Zone Management. Therefore., the Commission will expect Federal agency applicants for a Federal permit to conduct an activity affecting land or water uses 1n.the BCDC segment of the coastal zone-to obtain a certification from the Com- mission that the activity is consistent with the Commission's management program. Agency Comments 1. Comments of Department of Defense, (office of the Assistant Secretary) a. The listing of shoreline priority uses does not include uses for national security purposes. Commission Res]2onse: National security purposes were not included among the listing of shoreline priority uses because the priority use designations have a particular legal significance with regard to the extent of the Commission's permit jurisdiction. The Commission does not have permit jurisdiction over national security installations, and therefore to include them as priority uses would be misleading. However., these uses clearly have a high priority within the coastal zone, which the Commission believes is fully and adequately expressed in the statement on the National Interest in San Francisco Bay beginning on page 22 of the management program. b. "In discussing permissible uses in the national interest, the question of 'permissible uses' is associated with national defense facilities which confuses the concept." -3- Commission Res-oonse: The point of this comment is not entirely clear. However, by including national defense facilities as permissible uses, the Commission meant only to indicate that it recognized their importance and the necessity of their being located in the BCDC segment of the coastal zone. The Commission did not mean to imply that the Commission could or would require permits for such facilities. C. "Language [on pages 21 and 22] inferring [sic] that BCDC rather than a Federal agency, could ultimately advocate the advisability of closing any military installaton must be clarified." Commission Response: The program states "the Plan did not advocate the closing of any military installation." While the Commission has not in the past advocated the closing of any military installation., and is not.doing so presently, the Commission believes it has the right to do 6o if necessary as part of its coastal zone management responsibilities. Obviously the final decision in such matters would rest with the Federal agency having jurisdiction. d. "The statement [on page 25.,,paragraph (3) of the April 6th draft] that the Commission will determine whether or not a Federal activity or development is consistent with the Commission's goals could place the [Department of Defense] in a position of appeal. The [Department] insists on a reversal of these roles as a proper reflec- tion of the Federal Act." Commission Response: The proposed consistency procedures have been revised to state that the Commission will determine whether or not a Federal activity or development is fully consistent with the Commission's management program. This means nothing more than that the Commission will interpret its own management program, which the Commission believes is its proper role under the Federal Act. The Federal agency involved is,, of course, free to decide that it is complying to the maximum extent practicable and go forward with the activity or development despite the Commission's views. In the latter situation, the Commission' ultimate recourse would be to Federal court. (Department of the Navy, Western D3*.VI'S1'0n,, Naval Facilities Engineering Command) a. "This-Command suggests the word 'will' be substituted for 'may' in [line 8 on page 26] to provide for definite accommodations to situations of conflict between overriding national needs and particular provisions of'the plan. This change would be consistent with the language preceding., which stipulates that the situation is a 'conflict both on [sic] overriding national need.' What other alternative is there?" -4- Commission Response: The reference here is to an amendment to' the Bay Plan. Even though provisions of the Plan will have to be over- ridden in cases where they clearly conflict with a national need under circumstances unforeseen when the Plan waz being prepared,, this does not necessarily mean a Plan amendment would be required. Therefore, the state- ment uses the word "mayll rather than "will." 2. Comments of the Department of the Interior a. "Both the proposed C24 program and the BCDC plan present conclusions with little or no discussion on how the procedures were utilized to meet the requirements of the program elements. Additionally, an environmental assessment was not provided, parti- cularly for such major plan proposals as port expansion noted for Benicia, Oakland, Redwood City5 Richmond, and San Francisco; deepened shipping channels between the Golden Gate to the Delta and to Oakland, Redwood City, Richmond., and San Francisco; new shoreline parks., beaches, marinas, fishing piers, etc.; future airport developments; protecting and adding to. prime wildlife areas; and encouraging private investments in shore- line developments." Commission Response: In developing the Bay Plan, the Commission prepared lengthy, technical background reports which formed the foundation for the conclusions in the Bay Plan. These reports included environmental assess- ments of the major Plan proposals. The proposals for port expansion, for example, were limited to locations where any additional fill required would have the least adverse impact on,the Bay. Copies of these reports have been submitted to the.Office of Coastal Zone Management, but were not included,6s appendices to the program because of their size. In addition, each proposal in the Plan would be fully evaluated again when and if a permit application -were submitted. The Commission has, determined that approval of the Commissionts management program for San Francisco Bay by the Secretary for Commerce will not have a significant effect on the environment. This is because the BCDC program will continue whether or not approved by the Secretary, and the impacts of the BCDC program on the environment have already been felt. The office of Coastal Zone Management and the Council on Environmental Quality concur in this interpretation. b. "Our second major concern is exclusion of the Sacramento-San Joaquin Delta in California's CZM plan.... "Most importantly in terms of the CAMA [sic], use of Delta waters, particularly the further withdrawal of such waters for irrigation and drinking water as contemplated by several active BCDC proposals [sic], will directly and significantly affect the characters -5- of San Francisco Bay and adjacent bodies of water. Clearly the land and water uses of this area can directly and significantly impact San Francisco Bay and should, therefore, be included within the State's Coastal Zone Management Program." Commission Response: The Commission believes that the State's position with regard to inclusion of the Delta in the State's coastal zone management program has been adequately set forth and justified in the section of the management program dealing with the Delta, which begins on page 14. The remainder of this comment appears to be based on misinformation with regard to the source of proposals to divert freshwater from the Delta. The Commission staff has discussed this with'local representatives of the Depart- ment of the Interior, and it is the Commission's understanding that this comment will probably be significantly revised. C. "Another problem with the proposed coastal zone boundary relates to the treatment of areas landward of dikes which are not being used as salt ponds or are not classed as Imanaged wetlands' and used largely for duck hunting and agriculture. These areas are excluded from 'the proposed coastal zone, except for a 100-foot-stri'O adjacent to the mean high water line. Thousands of acres of diked tide- lands fall into the excluded category which primarily serve agricultural purposes or as open space and wildlife habitat .... Comprehensive regional plans are lacking for these areas and., as a result, there is little or no - administrative force to :@rotect them for the benefit., of the public.... "Corrollary [sic] to this general concern is the fact that authorities and policies of BCDC as stated in the CZM program are inconclusive with respect to the status of diked salt ponds which may be discontinued for salt production use in the future." Commission Response: The Commission believes it should be pointed out that the diked areas of greatest ecological significance to the Bay--the salt ponds and the managed wetlands--are included within the BCDC segment of the coastal zone. The Commission also believes, as stated in the management program, that it can adequately influence the use of diked lands outside the Commission's jurisdiction to the extent that such uses relate to the management of the BCDC segment of the coastal zone. However, the Commission agrees that more detailed planning for these areas would be desirable, particularly if pending proposals to reduce the extent of Corps jurisdiction over such areas pass Congress. In the Suisun Marsh, such planning is already underway as part of the Suisun Marsh Protection Plan. The Commission does not agree that its authoriti es and policies are "inconclusive with respect to the status of diked salt ponds which may be discontinued for salt production us'e in the future." The 'McAteer-Petris Act -6- and the Bay Plan charge the Commission with keeping these areas in their present uses as long as possible. Dewatering of any salt pond requires a Commission permit. Both the Act and the Plan provide that if use of these areas for salt production is no longer feasible., and development is proposed,, dedication or public purchase should be encouraged to preserve water areas. If any areas are authorized to be developed., the development should provide maximum public access to the Bay consistent with the proposed project and should retain the maximum amount of water surface area consistent with the proposed development. d. "There should be better coordination between the proposed CZM program and certain units of the Department of the Interior." Commission Res-ponse: The Commission believes that coordination with units of the Department of the Interior, especially the U. S. Fish and Wildlife Service, is extremely important. Units of Interior have participated in the development of the Bay Plan and are now participating in the development of the Suisun Marsh Protection Plan. To the extent coordination has not been flas complete and clear as desirable," the Commission believes it is because of the extremely short deadlines the Commission must work under in acting on permits. (A BCDC permit must be acted upon by the Commission within 90 days of filing or the permit is automatically granted.) The Commission has found that units of the Department of the Interior have not found it easy to meet these deadlines. However,, the Commission is currently exploring the possibility of developing a joint permit procedure with the Corps of Engineers. If imple- mented,, this could make it easier for Interior units to make their views known to the Commission in a timely fashion. The Commission acknowledges that some of the requests of the U. S. Fish and Wildlife Service have not been acted upon. This is primarily because the requests--for example, a special area plan for Richardson.Bay--have been beyond the resources of 'the Commission. The added,funding provided by the Coastal Zone Management Act may make it possible to undertake some of these projects in the future. e. "The Management Program should address in more detail the policies for the inventory, protection, and con- servation of historic and cultural resources .... tf Commission Response: The management program and the Bay Plan are regional in scope, and it is not feasible to address these issues in detail for each area of the Bay and shoreline., However, both'the McAteerr Petris Act and the California Environmental Quality Act require these issues to be addressed in detail in the context of each BCDC permit application. f. "The Fish and Wildlife Service is concerned about the lack of consideration given to endangered species of fish and wildlife in BCDC's proposed CZM program." -7- Commission Response:' The McAteer-Petris Act, the Bay Plan, and the BCDC management program place a high priority on the protection of rare and endangered species within the BCDC segment of the coastal zone. Each permit application is analyzed by the. Department of Fish and Game., which advises the Commission on the presence of rare or endangered species. A primary factor in the Commission's reluctance to allow any development in Bay ma'rshes is the need to preserve these areas as habitat for rare and endangered species. 3. Comments of the Department of Transportation a. "It is our view that the BCDC plan, proposed as an entirely separate entity from another California Coastal Zone Commission., is not merely a segment of a single, overall California plan in accordance -with Section 306(h) of the CZM Act; but rather one of two separate Coastal Zone Commissions in the same State .... Approval of two separate plans for California will defeat efforts to achieve regional consistency." Commission Resnonse: The Commission believes that the case for approving the BCDC management program as a segment of the California program has been adequately stated in the section of the management program. dealing with segmentation, which begins on page 9. Moreover, the Commission proposals for dealing with the excluded Federal lands and Federal consistency questions, which have generated most Federal concern, have been closely coordinated with the California Coastal Commission, For all practical purposes they are identical. b. "We are aware that the Coast Guard has commented on several drafts of the BCDC Management Plan .... With the exception of the concession to delete specific Coast Guard properties from the coastal zone, no changes or recommendations offered by the Coast Guard have found their way into the plan." Commission Response: The Commission has carefully considered each of the Coast Guard's comments. To the extent these comments dealt with- excluded Federal lands and Federal consistency, the Commission has addressed these issues as noted previously. On the question of whether it is appropriate for the Commission to continue to request memoranda of understanding from the Coast Guard, the Coast Guard and the Commission evidently disagree. However, the Commission has.specifically noted that memoranda of understanding will not be requested of the Coast Guard prior to the placement of aids to naviga- tion. In addition., the Commission has revised the statement on the National Interest in.San Francisco Bay to specifically note that the Coast Guard's use of the Bay and shoreline to carry out its assigned missions has a high priority. SUPPLEMENTAL SUMMARY AM ANALYSIS OF FEDERAL COMMENTS; COMMISSION RESPONSE Additional Agency Comments 1. Comments of the Department of Commerce TM-aritime Administration) 8. "In provision (3) on page[s] [30'and 313, Federal activities that would not normally require a BCDC permit [and therefore no memoranda of understanding] are dealt with. Because this provision could sub- stantially affect MarAd's Suisun Bay Reserve Fleet site activities that heretofore were conducted under MarAd interests only conditions, MarAd has some reser- vations regarding the wording of this provision under which Federal agencies are 'expected to' have all their activities conform to ihe management program and to explain, in writing, when they are inconsistent, why this is so. The 'activities' which fall under this provision are not defined and could be inte rpreted to be almost anything. Hence, it is recommended that wording be included in the management program stating that: (1) BCDC will meet with interested Federal agencies to jointly develop standards which will define the activities for which consistency will be necessary and to establish guidelines for judg- ing consistency. .(2) Federal agencies will then apply. these standards and guidelines to their own-activities to deter- mine their consistency.it Commission Response: First the Commission expects nearly all MarAd activities of significance to the BCDC management program would come within the scope of the memoranda of understanding (MOU) procedures. To the extent that separate MOU"s might be unnecessarily burdensome, the Commis- sion would consider, as it has in the past with other agencies, entering into a general MOU for MarAd's routine maintenance activities. Secondly., given the number of Federal agencies and potential activities that might be, involved in areas outside BCDC permit jurisdiction, the Commission chose to approach Federal -2- co.nsistency in these areas on a case-by-cese basis. Federal agencies should therefore make every effort through the A-95 and other Federal-State coordina- tion processes to keep the Commission informed of activities within the nine Bay Area counties that may affe 'ct land and water uses within BCDC permit jurisdiction. If an agency has done so, it may assume, unless advised to the contrary, that the Commission considers these activities consistent with the BCDC management program. b. "Civil works projects of the'U. S. Army Corps of Engineers are vital to the maintenance of our ports,- harbors, and navigable waterways. These are not excluded projects or activities and -will, therefore, have to be consistent with the management program. If the consis- tency requirements and procedures hinder and delay the Corps of Engineers in conducting these projects, the movement of waterborne commerce could be affected." Commission Response The Commission has used the MOU process for several years with the San Francisco District of the Corps and believes it expedites Federal projects. C. i'Neither the BCDC Bay Plan nor the California Coastal Zone Plan have detailed inventories of maps of Federal property in the coastal zone. Such inventories and/or maps would be helpful in clarifying exactly which Federal facilities-will be included in the coastal zone." Commission Response: The Commission found that in inventorying Federal lands, many Federal agencies were not sure what lands they possessed, the nature of the tenancy, or the precise boundaries. Because of these uncer- tainties, the office of Coastal Zone Management (OCZM) authorized the Commission to describe the excluded lands generally, rather than by specific parcels. This should create no particular problems since all Federal lands are excluded on an interim basis. d. "The Maritime Administration is the Federal Port Controller during national emergencies. However, the BCDC management program does not allow for any waiver or consideration of streamlining its consistency provisions during national emergencies. MarAd's authority and activities as Federal Port Controller would increase and some recognition of our role and the special situation a national emergency would create should be provided for in the BCDC management programi@ Commission Re sponse: The Commission believes that a national emergency requiring MarAd to assume its responsibilities as Federal Port Controller would be sufficient grounds for MarAd to decline to participate in the MOU process. The ' Federal Act requires Federal consistency only "to the maximum extent practicable" and in such a situation, MOU's would probably be inappropriate. -3- 2. Comments of the Department of Housing and Urban Development a. "Conceptually ... the BCDC coastal zone cannot stand alone independent of statewide perspective, review, and appeals procedures for coastal zone matters...." Commission Response: The Commission believes that the case for approving the BCDC management program for the Bay as a segment of the overall coastal zone management program for California has been adequately explained in the management program. of particular importance is the fact that the coastal zone management situation in.California is unique and stems from the creation of both BCDC and the Coastal Commission prior to implementation-of the Coastal Zone Management Act of 1972. b. "The BCDC proposal does not provide for an appropriate state agency either to review BCDC decisions'with respect to development permits when an affected party claims that the permit decision is inconsistent with established criteria, or to overturn the BCDC decision when such claim is found to have merit." Commission Response: BCDC is a State agency and all BCDC permits are issued or denied on the basis of the established criteria in the, McAteer- Petris Act and the'San Francisco Bay Plan. The Commission does not believe the Coastal Zone Management Act requires that there be a State agency to review BCDC permit decisions, and in any event, thisis not a prerequisite to approval of the BCDC program at this time as a,segment of the California program. C. "The BCDC proposal would seem to allow local governments to pass zoning ordinances that restrict development more severely than the BCDC coastal zone proposal -would, and the proposal fails to provide a procedure whereby BCDC or another appropriate agency reviews and overturns local government decisions when they unreasonably restrict development." Commission Response: This is correct. The Commission,does not believe that anything to the contrary is either essential to sound coastal zone management or required by the Coastal Zone Management Act. d. "The BCDC proposal does not treat 'uses of regional benefit' appropriately .... New housing developments in some cases should be considered 'uses of regional benefit' under paragraph 923.2 of the NOAA1OCZM regulations. However, BCDC on pages [43 and 44] has confined uses of regional benefit to 'ports, water- related industries, airports, wildlife refuges, water- oriented recreation and water-oriented public assembly,' and appears to have oriented its planning processes to ensure that these (but not other uses) 'are not unreasonably excluded' by local governments from the BCDC area." -4- Commission Response: The Commission does not agree that it has not treated "uses of regional benefit appropriately." However, the remainder of this comment is essentially correct. The uses of regional benefit in the Bay Plan and the BCDC management program were identified by the Commission after three years of study which culminated in. the Bay Plan. Housing was not included because the Commission concluded that (a) there was no need for further Bay fill for housing,and (b) the State's interest in the shoreline band lay in reserving key sites for the high-priority, water-oriented uses identified in the Plan to reduce pressures for further fill. This should not be interpreted to mean that housing would not be considered a use of regional benefit under all circumstances. It means only that the Commission reached much the same conclusion with regard to housing within BCDC's jurisdiction as did the Department of Housing and Urban Development elsewhere in its comment letter: from a Bay Area coastal zone management perspective, additional housing should not be built in the Bay, and need not necessarily be built in the shoreline band. e. "The most serious deficiency in the BCDC proposal for coastal zone management is in regard to the treatment. of flood hazards .... Although there is some general dis- cussion of flood hazard in both the management program and the San Francisco Bay Plan, neither emphasizes the facts that flood hazard reduction is an integral part, of any Coastal Zone Management Program and the National Flood Insurance Program (NFIP) represents the on-going mechanism for dealing with the hazard .... The BCDC proposal gives no reference to either the specific regulatory stand- ards of the NFIP or to the areas of the Bay which have been identified by the Federal Insurance Administration as flo)d- prone nor does it discuss the role of the NFIP in flood hazard reduction in the Bay Area." Commission Response: Flooding and other natural hazards, and their consequent damage are matters of great concern to the Commission. Each permit issued by the Commission is reviewed from the standpoint of both flood and seismic hazards. Furthermore, with the approval of a management program for the Bay under the Coastal Zone Management Act, a new relationship of local, State, and Federal agencies is evolving. one object of this relationship must be pursuit of com- patible and unitary flood plain and hazard area management plans, policies, and regulations. Clearly the regulatory standards of the VFIP and the activities of the Flood Plain Management Division of the Federal Insurance Administration must be integral parts of this effort. 3. Comments of the Federal Energy Administration a. "The Management Program ... states 'uses that can be considered in the national interest are all permissible uses under the BCDC Management Program. These include ports; airports; facilities forenergy production and transportation, such as power plants, petroleum off- loading facilities, pipelines and utility routes.' Further clarification is required here to determine -5- the volume of Detroleum off-loading facilities and pipelines that could be accommodated and specifically whether a BCDC plan would accommodate petroleum facili- ties to supply other areas of the country, as well as the Bay Area." Commission Resj2onse: The Commission is unable at this time to make a precise estimate of the volume of petroleum off-loading facilities that could be accommodated in the Bay Area. But the Commission believes that the more salient question is what -volume of petroleum off-loading facilities and pipelines should be accommodated in the Bay. Inthis regard, petroleum off- loading facilities and pipelines to supply other areas of the country could be accommodated under the Bay Plan, but whether they should be is the more critical question. Much more information needs to be developed on both State and national needs before either of these questions can be answered intelligently. The Com- mission is therefore following closely the work of both the Federal-State Task Force for the FEA-sponsored study on Alaskan oil disposition, and the office of Planning and Research Outer Continental Shelf Onshore Impact Study. b. "The program says [on pages 23 and 241 1 and recognizing its responsibility to the rest of the Nation and [sic] its planning for the Bay, California, through the Commission, has made every effort to consider the national interest in the siting of facilities.' It would be useful to expand this section to describe just what efforts have been made to consider the national interest in the siting of petroleum and gas facilities in the Bay Area, especially those which would supply other areas of the country in addition to the Bay.tf Commission Response: In developing the priority use concept and identifying the uses that should have priority for waterfront locations, the Commission attempted, to the extent feasible., to consider both State and national needs. As a result, both petroleum and gas facilities are permissible uses in priority use areas under the Bay Plan and the McAteer-Petris Act. Obviously, changing technology and the energy crisis have raised questions (such as those relating to Liquefied Natural Gas and Very Large Crude-Carrier terminals and to OCS development) that could not have been foreseen at the time the Plan was being prepared. To the Commission's knowledge, these questions have not yet , been, answered definitively at either the State or national level, primarily because cf the lack of full information noted in the preceding response. But coastal zone management programs are not static, and as more reliable information is developed in these areas, the Commission in cooperation with the FEA and other Federal and State agencies will modify the BCDC program as required by State and national needs. UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Washington, D. C. 20250 C) 1976 MAIL Mr. Robert W. Knecht CZM .Assistant Administrator for InformatiN Coastal Zone Management National Oceanic and Atmospheric Administra tion. 3300 Whitehaven Street, Nw. Washington, D.C. 20235 Dear Mr. Knecht: The San Francisco Bay Conservation and Development Commission (BCDC) Coastal Management Program has been reviewed by agencies in the Department, of Agriculture in response to your May 5 transmittal. We have no comments to make and have no objection to the approval of this program under Section 306 of the Coastal Zone Management Act. Sincerely, R. M. Davis Administrator U.S. DEPARTMEWT OF COMMERCE Wational Oceanic and Atmospheric Administration Rockville, Md. 20852 " 01 S 01 Date May 5, 1976 Reply to Attn. of: To Federal Agency Representatives for Coastal Zone Management Office of Coastal Zone Management From 19 7,7 Subiect: Bay Conservation and Development Commission (BCDC) Coastal Management Program Transmitted herewith are copies of the San Francisco Bay Conservation and Development Commission (BCDC) Coastal Management Program which has been submitted.to NOAA for approval in accordance with the provisions of the Coastal Zone Management Act of 1972. This transmittal initiates the formal 45 day review period for Federal agency comments. Although the'review period ends on June 18, 1976, we respectfully request that any Federal agency which finalizes their review prior to that date please forward your comments to OCZM (with a copy to BCDC, Attn: Mike Wilmar) at your earliest convenience. Copies of this program document.were distributed directly to most regional Federal officials on April 15 for their informal comments, so hopefully your regional officials already will be familiar with its contents. Furthermore, you will notice that no environmental impact statement is attached. It is the position of OCZM, in consultation with.the Council oh Environmental Quality, that an EIS is not required for this particular segment. The Bay Plan has been successfully administered for seven years and has had a positive and significant impact upon the Bay, its uses and surrounding population. Howevc!r, using CEQ guidelines as a basis, we do not feel that Secretarial approval will have an impact of such significance that an EIS is warranted. This position is detailed further in the attached Negative Declaration. Additionally, it should be noted that a discussion of BCDC will be included in California's overall program document, including the EIS,when submitted later this summer. Secretarial approval of the BCDC management program will enable the Commission to receive 306 monies in order to expand their efforts in several major areas such as enforcement, capability, development of 11 special area plans," and formulation of regional public access plans to mention a few. OCZM is hopeful that you will concur that Secretarial action is not only warranted but will prove to be an important aspect of the national Coa stal Zone Management Program. 2 Tinally, please be advised that we have available in-house some forty (40) copies of rather detailed legal appendices.. If your legal counsels desire copies, please notify us and we'll be happy to forward you one. We simply do not feel that it is necessary for every program to have this rather lengthy legal attachment. Thank you for your cooperation in this matter. Attachment lop UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Rockville, Md 20352 June 10, 1976 MEMORANDUM FOR: Richard W. Black, Acting Director Office of Ports and Intermodal Development Maritime Administration FROM: Robert W. Knecht Assistant Administrator for Coastal Zone Management S U B J E CT Extension of Maritime Administration Period of Review for the Bay Conservation and Development Commision (BCDC) CZM Program Your request for an extension of time to review the proposed BCDC manage- ment- program until June 30, 1976, is granted. 'He strongly urge-, however, that- MarAd's comments be forwarded directly to BCDC as as to this Offce no later than that date. Otherwise, adequate consideration by BCDC and this Office of MarAd's views may be thwarted. I would also take this opportunity, even without the benefit of the full facts of the situation in hand, to voice concern over one part of your memorandum. You state 'that BCDC intends "to monitor and otherwise intrude into Federal operation and management of certain U.S. Government installation tions and facilities. . . ." Preliminary to a full assessment of the tions and facilities. . . ." Preliminary to full appears to be unduly adversary. The Coastal Zone issues, this statement appears to be unduly adversary. The Coastal Zone Management Act, under which BCOC is seeking approval, fully envisions an ehancement of,state authority and capability to manage its coastal resources and an adverse effects upon them.. Presumably, this involves the monitoring of activities, including those carried out by Federal agencies, as an integral part of the management program. The "Federal consistency" provisions of the Act provide the ex plicit bases for such monitoring and evaluation by the states. And, while some Federal agencies may consider their obligations under the Act an "intrusion into their activities, we would consider such an attitude contrary to the Congressional policy that declares it national policy: "for all Federal agencies engaged in. programs affecting the coastal zone to cooperate and participate in effectuating the purposes of this title. We will be happy to discuss with you the specific issues associated with the BCDC program after your and other comments are received and analyzed. cc: RWK, GD, RG, TMA file, Chron TAI exander/ab 01 OP Cc urilTED STATEs DEPARTMErJT OF COMMERCE Maritime Administration Washington, O.C. 20030 Crop 'J'Arls 01 Juiv - May 28, 1976 U- In 76 MDIORANDUM FOR: Assistant Administrator for Coastal Zone Management SUBJECT: San Francisco Bay Conservation and Development Commission (BCDC) Coastal Zone Management Program The purpose of this memorandum is to,request that the Maritime Admin- istration's 45-day period for reviewing the subject BCDC Management ap Program for San Francisco Bay, originally to end on June 18, 1976, be extended to June 30) 1976. This request is made'because of the significant revisions being made with respect to "The National Interest in San Francisco Bay" portion of the BCDC Management Program which affects some 10 or more pages of,that review document. Moreover, the Maritime Administration's Western Region Office and a number of other Federal agencies including Navy, Coast Guard, and Corps of Engineers, are involved with BCDC in resolving issues concerning the State plan to monitor and otherwise intrude into Federal operation and management of certain U.S. Govern- ment installations and facilities, including the Maritime Administration's National Defense Reserve Fleet site in Suisun Bay, California. Accordingly, we would appreciate the additional time requested to review the BCDC Management Program in order to allow for any further revisions in the BCDC review document. RIC11ARD 14. BLACK, Acting Director Office of Port and Intermodal Development Enclosures J U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Rockville. Md. 20652 Date June 18, 1976 Reply.to Attn. of: EM3 MAIL ROOM To Robert W. Knecht Director, Office of Coastal Zone.Management From Edward S. Epstein CZM Associate Administrator for EM&P Information TMA RG Subject Review of the Bay Conservation and Development Commission BM (BCDC) Coastal Management Program TP Reference Your memorandum of June 11, 1976, Response to NOA Review of Cuebra Segment After review the subject Coastal Management Plan, we do not find any areas of EM conflict. However, using your above referenced memorandum of 11 June as guidance, we do offer the following recommendations for considerations by the BCDC. 'As noted in my m emorandum of 4 March 1976, our position is that the Regional Water Quality Control Board and the State Water Resources Control Board should consider a water quality monitoring program for the San Francisco Bay area. Its purpose should be to periodically measure the total pollutant input and the resultant effects on the Bay. The design and implementation of this program could be done in coordination with the various Federal agencies (EPA., NOAA, COE, etc.) along with state and private interest. groups that have responsibilities or interests in this area. cc: D. H. Wallace Mike Wilmar U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Rockville, Md. 20852 Date March 4, 1976 Reply to Attn. of: EM3 To David H. Wallace Associate Administrator for Marine Resources From Edward S. Epstein Associate Administrator Subject: Review of Discussion Paper on-BCDC's Proposed Coastal Zone Management Paper In response to your request for comments on the subject BCDC Coastal Zone Management Plan,, we offer the following suggestions on the water quality aspects for your consideration. 1. We feel that a CZM plan for the San Francisco Bay area s m. This is so even though they reference the California Water Quality Control Board. This monitoring program should consider the total pollutant input from all sources and their cumlative effects on the Bay ecosystem. In this,way, harmful trends in the Bay water quality could be noted and proper action taken to avert serious problems. This monitoring program should be carried out in conjunction with other monitoring programs, both state and Federal, that are planned or ongoing outside the Bay area. This would allow the detection of harmful trends in offshore areas caused by pollutants being carried out in the Bay proper. I C, 2. Page 2, Section e. There are effects of filling in the Bay, other than those mentioned both direct and indirect which should be taken into consideration: Some of these are: The introduction of additional Pollutants from the fill should be calculated into the total pollutant load going into the Bay from all'sources. 0 Filling certain areas of the Bay may have undesirable effects on the cirulatory patterns, thereby affecting such things as flushing rates, etc. @T Of CO U.S. DEPARTMEWT OF COVAMEPIDT: Wational Oceanic and Atmospheric Administration NATIONAL OCEAN SURVEY rArl, of Rockville, Md. 20852 C52 VAR 3 1976 TO: David H. Wallace Associate Administrator for Marine Resources FROM: Allen L. Powell Director , National Ocean Survey SUBJECT: Review of Discussion Paper on BCDC's Proposed Coastal Zone Management Paper (Your memo, same subject, dated 2/17/76) Nothing is contained,in the subject report that could be interpreted as .a major policy issue that may affect NOS. On the other hand, implementation of the San Francisco Bay Plan probably will introduce changes to our (1) nautical and aeronautical charts, (2) Coast Pilots, (3) tidal current charts and tables, and (4) bench mark, triangulation, and traverse station locations in the area. Resultant boundary determinations will require input from the tidal datum program. Finally, any airport modifications and changes in approaches will require revision of NOS obstruction charts and aero- nautical charts covering the project area. rd VIS 2 3'.. NOAA has the responsibility for development of localized ocean services. For the Bay these services include development of analysis and p:ediction methods for such pa'rameters as circulation, water levels, and winds. All of these are dependent upon the configuration of the Bay and its environs so that NOAA should be informed of all such changes. NOAA must also consider how we will meet these responsibilities which impact safe and efficient use of the area. We thank you for the opportunity to rev,iew,this draft CZM Plan. "a 0, U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Rockville, Md. 20852 $1-4res oi A Date June 18, 1976 Reply to Attn. of: To Robert W. Knecht Director, Office of Coastal Zone Management From dward S. Epstein M&P4,A Associate Administrator for E Subject., Review of the Bay Conservation and Development Commission (BCDC) Coastal Management Program Reference: Your memorandum of June 11, 1976, "Response to NOAA Review of Cuebra Segment" After reviewing the subject Coastal Management Plan, we do not find any areas of EM conflict. However, using your above referenced memorandum of 11 June as guidance, we do offer the following recommendations for considerations by the BCDC. As noted in my memorandum of 4 March 1976, our position is that the Regional Water Quality Control Board arid the State WaterL Resources Control Board should consider a water quality monitoring program for the San Francisco Bay area. Its purpose should be to p e iodically measure the total pollutant input and the resultant effects on the Bay. The design and implementation of this program could be done in coordination with the.various Federal agencies (EPA, NOAA, COE, etc.) along with state'and private interest. groups that have responsibilities or interests in this area. cc: D. H. Wallace Mike Wilmar .1@5 'U U.S. DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION National Marie Fisheries Service Southwest Region 300 South Ferry Street Terminal Island, California 90731 Date June 1, 1976 FSW25/JJS To Dale Evans, Chief, Environmental Assessment Division, F34 From Gerald V. Howard, Regional Director, Southwest Region, FSW Subject Bay Conservation and Development Commission, (BCDC), Coastal Zone Management Program We have reviewed the subject BCDC Program and find that it, like the Initial Management Program Draft which we reviewed in February, recognizes the habitat value of San Francisco Bay to aquatic resources. The policies for wetland preservation and fill restriction in the Bay are in basic accord with the habitat protection goal of the National Marine Fisheries Service. Since the memorandum from F3 dated May 11, 1976 tramitting our copy of the subject management program, there have been substantial revisions (see attached) to the National Interest Sections of the document. We are not in complete agreement with those revisions, and the specific comments which follow outline our areas of concern. (All comments are referenced by page number and section to the attached revisions.) Specific Comments Page 3, para. 1 - The advisability of striking the words "readily identifiable" preceding the words national defense purposes is questionable. Allowing such wide and unchecked latitude in defining national defense could unjustifiably threaten valuable habitats within the San Francisco Bay. Page 4, para. 1 - The Department of Defense, as indicated by the proposed deletion, will no longer enter into memoranda of understandings with BCDC. The reasons for that determination, as well as the potential impact of BCDC's de- creased capability for protecting Bay resources should be presented. Page 5, Section 2 and 3 - Both of these Sections indicate that the final de- cision as to the degree of Federal compliance with BCDC's management plan for the Bay is up to the Federal agency involved. Perhaps some avenue for BCDC appeals should be written into the program at this point. Page 7, Sections 5. a-c - These Sections relegate Federal consistency with the State management program to a voluntary status. This could severely weaken the ability of BCDC to protect valuable Bay habitats. Once again we suggest that BCDC be given appeal privileges in cases of potentially significant resource use conflicts. Attachment UNITED STATES DEPARTMENT OF COMMERCE Maritime Administration Washington, D. C. 20230 June 30, 1976 MEMORANDUM FOR: Robert W. Knecht Assistant Administrator for Coastal Zone Management Subject: MarAd Review Comments on the San Francisco Bay Conservation and Development Commission (BCDC)Coastal Zone Management Program In response to Office of Coastal Zone Management memoranda of May 5 and June 10, 1976, on this matter, the subject BCDC/CZM Program has been re- viewed by the Maritime Administration (Marid) and the following comments are submitted for you consideration. The policies developed in the BCDC/CZM Program with respect to ports are based on the premise that San Francisco Bay is one of the world's great natural harbors, and maritime commerce is of primary importance to the entire economy of the Bay Area. Future port planning, development, and other water-related industry needs have been given a high priority with provision for an overall regional port development plan to help guide major expansion of port facilities to the year 2020. Consequently, we find that there appear to be no significant adverse effects of the proposed manage- ment program upon the existing or planned port and marine terminal facili- ties in the San Francisco Bay Area. Regarding the "National Interest in San Francisco Bay' portion of the BCDC management program, there are some provisions for carrying out BCDC's re- sponsibilities under Section 307 of the Coastal Zone Management Act which are of interest and deserve some comment. These provisions begin on page 22 of the BCDC document. It appears that the essence of the BCDC viewpoint is that BCDC should have some form of jurisdiction over all Federal lands on the coastal zone, even though these lands are excluded from the coastal zone by Section 304 (a) of the Coastal Zone Management Act of 1972. However, it should be assumed that the BCDC statement, whcih excludes all lands used for national defense and "areas subject to the exclusive legislative jurisdiction of the United States", will be the only excluded areas. In keeping with this interpre- tation, BCDC specifically excludes "lands and waters in the possession of the U.S. Coast Guard or Department of Defense (or any agency thereof)." From this, MarAd assumes that its National Defense Reserve Fleet (NDRF) area located in Suisum Bay, which is a tributary to the upper San Francisco Area, is not considered by BCDC as coming under the Federal lands exclusion provision of Section 304 (a). Under provision (2), on page 25 of the BCDC document, memoranda of under- standing (MOU's) are requested for Federal activities which would normally require a BCDC permit. This does not appear to substantially change present practices except to make MOU's a more formal specified part of a Federal action. In provision (3), on page 25, Federal activities which would not normally require a BCDC permit are dealt with. Because this provision could sub- stantially affect MarAd's Suisun Bay Reserve Fleet site activities that heretofore were conducted under MarAd interests only conditions, MarAd has some reservations regarding the wording of this provision under which Federal agencies are "expected to" have all their activities conform to the management program and to explain, in writing, when they are inconsis- tant, why this is so. The "activities" which fall under this provision are not defined and could be interpreted to be almost anything. Hence, it is recommended that wording be included in the management program stating that: (1) BCDC will meet with interested Federal agencies to jointly develop standards which will define the activities for which consistency will be necessary and to establish guide- lines for judging consistency. (2) Federal agencies will then apply these standards and guide- lines to their own activities to determine their consistency. Without these additions to the BCDC management program, the provisions in item (3) on page 25 of the BCDC document, could interfere with MarAd's Suisun Bay Reserve Fleet operations, and under certain conditions would make it almost impossible for MarAd to comply with. Other comments on BCDC management program that should be considered are the following: 1. Civil works projects of the U. S. Army Corps of Engineers are vital to the maintenance of our ports, harbors, and navigable waterways. These are not excluded projects or activities and will, therefore, have to be consistent with the management program. If the consistency requirements and procedures hinder and delay the Corps of Engineers in conduction these projects, the movement of waterborne com- merce could be affected. 2. Neither the BCDC Bay Plan nor the California Coastal Zone Plan have detailed inventories or maps of Federal property in the coastal zone. Some inventories and/or maps would be helpful in clarifying exactly which Federal facilities will be included in the coastal zone. 3. The Maritime Administration is the Federal Port Controller during national emergencies. However, the BCDC management program does not allow for any waiver or consideration of streamlining its consistency provisions during the national emergencies. MarAd's authority and activities as Federal Port Controller would increase and some recognition of our role and the special situation a national emergency would create should be provided for the BCDC management program. We appreciate the opportunity to provide these comments which we hope will be of assistance to you. Sincerely, ARMOUR S. ARMSTRONG, Director Office of Port and Intermodal Development OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE Washington, D.C. 20301 Mr. Robert W. Knecht Assistant Administrator for Coastal Zone Management National Oceanic and Atmospheric Administration Office of Coastal Zone Management 3300 Whitehaven Street, N. W. Washington, D. C. 20235 Dear Mr. Knecht: The San Francisco Bay Conservation and Develoment. Commission (BCDC) Coastal Zone Management Program has been reviewed with- in the Department of Defense (DoD) and the following comments represent the views of the Department. We interpose no objection to initiation of action by the National Oce- anic. and Atmospheric Administration (NOAA) to obtain a Federal" grant for the BCDC, conditioned on revision and resubmission of the program to us in consonance with our concerns about: (1) restrictions on exclusion of military lands from the coastal zone, (2) the authority given the BCDC to determine consistency of Ferderal activities with the program and (3) the process of using Memoranda of Understanding to assure consistency of Federal actions. It is the DoD position that any lands used exclusively by the United States in accordance with Federal law, regardless of ownership or jurisdictional status, are excluded from a coastal zone. Phrases in the BCDC program such as "exclusive jurisdiction" and "readily identifiable for national defense" are not acceptable for they place restrictions on exclusion of military lands and are contrary to DoD's continuing position on the subject. Of particular concern is the def- inition of "readily identfiable national defense purposes" and the implication that the BCDC would make such determination. The program appears to give the BCDC full authority to determine consistency of Federal activities with the state program. This, too, is contrary to the DoD policy to meetfully the Federal consistency objectives of the CZM Act, and to establish the conditions of maximum consistency as may be practicable for each action of obvious signifi- cance. The BCDC's proposed use of Memoranda of Understanding in lieu of ' its to negotiate and assure Federal response to the consistency perm 0 provisions of the CZM Act tends to put Federal agencies in the same obligator- role as a system of permits. The DoD intends to be con- J sistent with the BCDC's coastal goals, but considers that the use of a 11permit process" through "memoranda of understanding" would be administratively cumbersome and would confuse the Federal agency sovereignty issue. We understand that the undated program forwarded by NOA-A to fed- cral ag@@-ncies for review on May 5, 1976, has been revised by the BCDC to incorporate significant changes as outlined above and in the enclosure. We would appreciate the opportunity to comment on the revised oroaram. In the interim, we are furnishing as Enclo- sure I more detailed comments on the management program we have in hand. Sinc ly yours, Perr).J. Fliakas Deputy Assistant Secretary of Defense (Installations and Housing) Enclosure DETAILED COMMENTS ON THE SAN FRANCISCO BAY CZM PROGRAM PARAGRAPH OR PAGE STATEMENT REMARKS Paragraph 1C The listing or priority shoreline uses neglects uses for national securitity purposes. After the word "plants" in line five, the following should be inserted: "and facilities or activities related to national security and defense." 4 Paragraph 2, After the word "industries" the following should subparagraph 3 be inserted: "and Federal facilities." Paragraph 3A The first line should be modified to read: "Under the McAteer-Petries Act BCDC has, except as may he 0therwise affected by applicable Federal law and regulations, permit jurisdiction..." Excluded In this section, a distinction is made between Federal exclusive legislative jurisdiction and "readily identifiable" lands and waters of the United States Lands used for national defense purposes. The distinction is contrary to Do0's continuing position that all Federal- lands irrespective of ownership or jurisdic- tional status, are excluded from the coastal zone. of particular concern is the definition of "readily identifiable national defense purposes" and who (BCDC or the Federal agency) would make such determination. This distinction is highly objection-- able and if retained, would result in contained ..obstacles to a proper Federal function in the interest of national defense. 15 Permissible in discussing permissible use's in national interest Uses the question of "permissible uses" is associated with national defense facilities which confuses the concept. BCDC apparently intends that a national defense facility may not necessarily be synonymous with a Federal activity and that unless a defense activity is "readily identifiable" by the Commission, such activity will be subject to permit requirements the same as would be a non-federal activity. This wording or interpretation is unacceptable and should be revised or deleted. PARAGRAPH OR PAGE STATEMENT REMARKS 19 National Language inferring that BCDC rather than a Federal Defenese and agency, could ultimately advocate the advisability Aerospace of closing any military installation must be clarified. 22 Paragraphs 2 Again the unacceptable distinction between "exclusive and 3 jurisdiction" and activities readily identifiable for national defense purposes occurs, Also, BCDC uses the word "should" in language concerning coordination planning with local Department of Defense representatives involving conflicts with national needs. "Will" is preferable to should" and should be substituted. Planning for Pargraph should be amended to add-the following Federal sentence: "Excluded from the coastal Zone are Activities lands, the use Of which is by law, subject solely to the discretion of, or which is held in thrust by the Federal government, its officers or Its agents." All language inconsistent with the thrust of the above sentence should be deleted from "the BCDC program. 23 In this section, misleading language occurs in referring to the exclusion of national defense and Lands Coast Guard insallations from the coastal zone. 25 Paragraph (2) Reference to "Memorandum of Understanding" as an instrument in lieu of a permit is confusing concerning it's application to undefined Federal facilities. As drafted, this section appears to include all Federal activities, exclusive jurisdiction notwithstanding, and to bring Federal activities under the control of BCDC. This portion of the program should be deleted entirely. The DoD intends to be consistent with the Cmmissions coastal goals, but considers that adequate Federal provisions for achieving necessary cooperation with BCDC already exist and work satisfactorily. 25 Paragraph (3) The statement that the Commission will determine whether or not a Fedderal activity or development is consistent with the Commission's goals could place the DOD in a position of appeal. The DOD insists on a reversal of these roles as a proper reflection 'of the Federal Act. 2 PARAGRAPH OR STATEMENT REMARKS 27, Federal References to consistency certifqication are Consistency unclear and require clarification in view of 28 Certification reference to the-use of Memorandums of Under- standing. Rivers and Sections 10 and 11 should be changed to sections Harbors Act 9 and 10. of 1899 3 DEPARTMENT OF THE ARMY SOUTH PACIFIC DIVISION, CORPS Or- ENGINEERS 630 Sansome Street, Room 1216 REPLY TO San Francisco, California 94111 ATTENTION OF: SPDOC 14 May 1976 ,Mr. Charles R. Roberts Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear Mr. Roberts: This letter responds to your written'coLmunication dated 3 May 1976 addressed to all participating federal agencies. This '3 May @976 communication had as An inclosure thereto a proposed "national interest in San Francisco Bay" statement (hereinafter called statement) t,o be ultimately incorporated into the Bay plan.' This statement.purported to outline procedural regulations for federal agencies to follow in attaining the objectives set forth in the Federal Coastal Zone Management Act of 1972 (Title 16, United States Code, Section 1451 et seq.). Section 1451 states, in substance, that the key to more effective protection and use.of the land and.water resources of the coastal zone is proper coopera- tion between.federal, state, and local governments and other vitally affected interests in deveioping land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and'processes for dealing with land and water use decisions of more than local significance. It will be my pleasur@ to work with you in a spirit of mutual cooperation. I feel we are mutually desirous of formulating practices, procedures, and regulations to protect and enhance to the optimum degree ecological and environmental values within the coastal zone; therefore, if any differences of opiniondL-velop, it is my hope that said differences will be.discussed and timely resolved ofi a professional level. The comments and recommendations contained herein are presented as a statement of the regional position (i.e. limited to the jurisdictional boundaries of the San Francisco Bay Conservation and Development Commission) of the Department of-the Army w1th regard to the proposed statement. Our specific recommendations are as follows: SPDOC 14. May 1976 Mr. Charles R. Roberts a. Recommendation No. 1: The paragraph emtitled'"Planning for Federal. Activities" (which appears on page 2) should be amended to add the following sentence: Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. b. All language inconsistent with the thrust of Recommendation No. 1 should be deleted. Recommendation No. 1 is submitted to ensure that the exclusion clause in the statement reads exactly the same as the exclusion clause in the law (i.e. Title 16, United States Code, Section 1453). c. Recommendation No. 2: All language in th@ proposed statement which could be,construed as creating an obligation on the part of Department of the Army components to enter into a Memorandum of Understanding or to apply for a permit as a condition precedent to the performance of federal functions must be deleted. d. Recommendation No. 3: The following language (which appears on page 5) C, "Permits and,licenses required under Sections 10 and 11 of the River and Harbor Act of 1899" should be modified-to read "Permits and licenses required under Sections 9, 10, and 11 of the River and Har bor Act of 1899." I trust that the San Francisco Bay Conservation and Development Commission will accept these recommendations in the same spirit of cooperation in which they are submitted. If you consider that additional personal communication would be of value, I will be happy to confer with you At any mutually con- venient time and date. If you consider that further discussions should be held at the staff level, key members of my staff will be made available for consultation with their counterparts on the staff of the San Francisco Bay Conservation and Development Commission. If we continue to work together, I feel we will be able to formulate practices, procedures, and regulations to protect and enhance to the optimum degree ecological and environmental values in the coastal zone.. Respectfully, ICHARD M. CONNELL Brigadier General, U.S. Army Division Engineer (@I C @MC61NNI 2 LP- DEPARTMENT OF THE NAVY WESTERN DIVISION NAVAL FACILITIES ENGINEERING COMMAND E i! T 10;' 1 P.O. BOX 727 14a SAN BRUNO!, CALIFORNIA 94066 Rr_F;L:Y'#(EF8R 202lA4:JSS:nm Ser P2-280 14 APR 1976 Mr. Charles R. Roberts, Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness San Francisco, California 94102 Dear Mr. Roberts: I am responding to your letter of April 6, 1976, which solicits comments from federal agencies on the Bay Conservation and Develop- ment Commission (BCDC). Management Program for San Francisco Bay. C, . 0, You indicate that this draft program has been submitted to the Office.of the Coastal,Zone Management for Federal review at the Washington level under the provilsions ofthe Federal Coastal Zone Management Act of 1972,., Public Law 92-583.' In this matter, I am speaking on behalf of the Commandant, Twelfth @,T aval District, who.has been designated by the Chief of Naval Operations as Navy Coordinator for Northern California, Coastal Zone matters. A review of the draft 114anagement Proaram for San Francisco Bay, 0 forwarded by your letter of April 6, 1976, prompts some suggestions, but of more importance, reveals a number of provisions of serious concern to the Navy. Specific comments are as follows: a. At paragraph 1c, on page one of the draft, the listing of priority shoreline uses neglects to mention use for national security purposes., In order that an appropriate interest in national security and defense is acknowledged early in the draft, it is requested that after the word "plants", in line five of the paragraph, the following words be inserted: "and facilities or activities -related to national security and defense." b. On page four of the draft Linder the third subparagraph relat- ing to Major Plan Proposals, it is proposed that after the word "industries", the following words be inserted: "and Federal facilities." This will insert the State's concern with Federal activities early in the draft. c. On page five of the draft (paragraph 3a) it is necessary that the first line be modified to read as follows: "Under the McAteer-Petries Act, BCDC has, except as may be otherwise affected by applicable Federal law and regulations, permit jurisdiction.... Without this insertion 202lA4:JSS:-nm Ser P2-2SO no provision is made for activities by otherwise exempt Federal functionaries. d. On page 12 of the draft, within the section concerned with Excluded Federal Lands, a distinction is made as between exclusive legislative jurisdiction and "readily identifiable" lands and waters of the United States used for national defense purposes. This distinction is contrary to the continuing position which the @Nlav'y has maintained,. to the effect that all Federal lands, regardless of jurisdictioh, are excludable under the Federal Act. Of particular concern is the definition of "readily identifiable national defense purposes" and who (BCDC Commission or Federal Agency) would make such determination. This distinction is basically objectionable, and if retained, will result in continued obstacles to a proper Federal function in the interest of national defense. e. On page 15 of the draft, in discussing Permissible Uses in the National Interest, the question of "permi ssible uses" is associated with "national defense facilities", which confuses the entire concept. It is apparent that the Commission intended that a national defense facility may not necessarily be synonymous with a Federal activity and that unless a defense activity is "readily identifiable" by the 'Commission, such activity will be subject to permit requirements the same as would a non-Federal.activity. This wording or interpretation is unacceptable to the Navy and should be revised or deleted. f, On page 19 under the section identified as National Defense and Aerospace it is inferred that the Commission rather than a federal agency will determine, ultimately, the advisability of closing any military installation. This language must be clarified. g. On page 22, referring'to the "national interest" statements, is the unacceptable distinct ion between ".exclusive jurisdiction" and those activities which are "readily identifiable for national defense- purposes." Also, in this same paragraph, the BCDC Commission uses the word 11should",instead of "will" in its language concerning coordinated planning with the local Department of Defense (DOD) representatives involving conflicts with national needs. "Will" is preferable to Rshouldmand should be substituted. h. On page 23 the plan uses misleading language in referring to I'national defense and Coast Guard-installations (being) excluded." 2 202lA4:JSS:nm Ser P2-280 This is a misinterpretation of the Federal Act, which excludes all "lands the use of which is by law subject solely to the discretion of or held in trust by the Federal Government .... 1. On page 25, paragraph (2) of the draft, there is a reference to "memorandum of understandin-u" as an instrument in lieu of a permit. The language is confusing concerning its application to undefined Federal facilities. As drafted, it would appear to include all Federal activities, exclusive jurisdiction notwithstanding. This appears to be an indirect attempt to bring Federal activities under the control of the local Commission. It is requested that this portion of the draft program requesting future memorandum of understandings be deleted entirely. Existing Federal channels of coordination between Commission and federal agencies.work . C, satisfactorily without imposing any new requirements or restrictions. Also, on page 25, paragraph C3), there is the statement that "'the CoMMI'ssion will determine whether the activity is or is not consistent with the BCDC Program." This would appear to place the, Navy in an appeal posture to the states, an unacc@eptable position. The reference on pages 27 and 28 of the draft to certifica- tion for consistency is unclear and needs clarification in light of the references to the use of a memorandum of understanding. .To-summarize, although in many respects, the draft program appears to fully recognize the importance to the State of national security., in other very significant respects, the program represents a step backward in Navy/Commission understandings'as@reflected in the National Interest Statement in your earlier submission of November 25, 1975. Of particular concern is the following: a. The repeatbd condition that Federal lands must be held under "exclusive jurisdiction" or that the activity must be "readily identifiable for national defense" as the basis for establishing, exclusion from the Coastal Zone is not acceptable. This condition does not comply with the Federal Act. The Navy can accept no less than complete exclusion of all of the land it uses, irrespective of the jurisdiction or ownership estate, and without any qualification as to the identification of its activities thereon. b.- The proposed application of a form of "permit process", via the "memorandum of understanding" to assure consistency of Federal actions is unacceptable. The Navy fully intends to be consistent with.the State's coastal, goals insofar as practicable, but considers 202IA4:JSS:nm Ser P2-280 that adequate Federal provisions for achieving necessary cooperation with the State already exists. The additional administrative burden of executing the "memorandum of understanding" on numerous Navy actions is not acceptable. c. The Commission's nosition that it will make the determination of whether or not a federal agencies' activities or development is consistent with the State's goals could place the Navy in a position of appeal on a State determination. The Navy must insist on a -reversal of these roles as a proper reflection of the intent of the Federal Act. The program as it now -reads, with the conditions above, will lead to continued Federal/State frustrations and repeated confrontation related to whether a Federal activity function is being subjected to local control. A thorough detailed -revision of the program in respect to those Federal/State relationships appears to be necessary. In that regard, I invite your attention to the draft statement forwarded by Captain Howe's letter of December 18, 197S, which clearly outlines the Navy's position. The Navy appreciates the opportunity to cooperate with the Commission in preparation of the San Francisco Bay Program. The Navy takes seriously the consistency goals of the Fed eral Act and strongly supports a clearly defined program, which properly addressess State/Federal Government relationships, as the best means of assuring that our mutual goals in the maintenance of an adequate Bay environment are achieved. Sincerely, CaPtain USN Acting CQU-aading 0 X 41QQ-.r Ca 4 to 0. DEPARTMENT OF HOUSING ANLj URBAN DEVELOPMENT WASHINGTON, D.C. 20410 L ?#Aaa 10 OF@ICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT IN REPLY REFrF? TO: JUN Honorable'Elliot Richardson Secretary of Commerce Washington, D. C. 20230 Dear Mr. Secretary: This is in response to the request of May 5, 1976, for statutorily- mandated Departmental advice to the Secretary of Commerce on whether or not to approve the proposed San Francisco Bay Conservation and Develop- ment Commission (BCDC)' I'segmnent" of the California Coastal Zone Ma'nage- went program. The San Francisco BCDC area is not a segment of the overall State coastal zone.management program in the normal sense of being a repre-- _senta'Live major section of the entire program to which National Oceanic and Atmospheric Administration/Office of Coastal Zone Management (NOAA/OCZM) rules, regulations, classifications, and process objectives can easily and appropriately be applied., Instead, the BCDC district comprises a geographical area of critical-concern earlier recognized in 'California legislalion as needing @pecial attention and special protection; the BCDC is a site-specific state agency which does not fit conveniently within the Coastal Zone Managewent Act of 1972 and linplementing.regula- tions that'require a statewide approach in California's coastal zone. Therefore, it is difficult for HUD to seek, in this specialized zone the usual balance between the need to protect fragile ecological structures and sensitive environments on the one hand, and the need to accommodate somewhere the requirements for developm&ht to deal with a growing population and an expanding commerce on the other hand. It would be difficult also to justify approval of the BCDC segment v,,hen NOAA/0CZM requirements for state-level mechanisms and other appropriate safeguards are not met. @ousi@g. HUD does not necessarily believe that additional housing Iflust be built.on the 100 foot coastal strip in the BCDC area. 2 Conceptually,, however, the BCDC coastal zone cannot stand alone inde- pendent of statewide perspective, review, and appeals procedures for coastal zone matters. The'Office of the Assistant Secretary for Housing Production and Mortgage Credit (HPMC) does not believe that the BCDC segment has provided the independent NOAA/OCZM-requqired state-level review and appeals mechanisms that would affect housing and other functional matters. (a) The BCDC proposal does not provide for an appropriate state agency either to review BCDC decisions with respect to development permits when an affected party claims that the permit decision is inconsistent with established criteria, or to overturn the BCDC decision when such a claim is found to have merit. (b) The BCDC proposal would seem to allow local governments to pass zoning ordinances that restrict development more-severely than the BCDC coastal zone proposal would, and the proposal fails to provide a procedure whereby BCDC or another appropriate agency reviews and overturns local govern- ment decisions when they unreasonably restrict development. (c) HPMC does not believe the BCDC proposal treats "uses of regional benefit" .appropriately. HPMC believes new housing developments in some cases should be considered "uses of regional benefit" under paragraph 923.2 of the NOAA/OCZM regulations. However., BCDC on pages 36-37 has confined uses of regional benefit to "ports, water-related industries, airports, wildlife refuges, water-oriented recreation and water-oriented public assembly," and appears to have oriented its planning processes to ensure that these (but not other uses) "are not unreasonably excluded" by local governments from the BCDC area. Land Use. The BCDC land use planning requirements appear to be set forth in a manner compatible with ultimately meeting HUD'S land use element under the 701 Comprehensive Planning program although not now carried far enough to m et the 701 requirements. HUD poses no object- tions at this time although at some point it will be desirable to put the BCDC area in state perspective as regards where growth should and should not take place. (HUD's San Francisco Regional Office, attention Alan Goldfarb, will supply additional details.) Floods and related disasters. The most serious deficiency in the BCDC proposals for Coastal zone management is in regard to the treatment of flood hazards. Although there is some general discussion of flood hazards in both the Management Program and the San Francisco Bay Plan, neither emphasizes the facts that flood hazard reduction is an integral part of any Coastal Zone ManagementProgram and that the National Flood Insurance Program (NFIP) represents the ongoing mechanism for dealing with the hazard. in fact.: there are over 90 communities in the nine counties of the Bay Area which have been identified by HUD's Federal insurance Administration (FIA) as being flood-prone. All but a few of these are participating in the NFIP and have specific flood plain mana- gement regulatory measures in effect. The BCDC proposal gives no reference to either the specific regulatory standards of the NFIP or to the areas of the Bav which have been identified by FIA as flood-prone nor does it discuss the role of the NFIP in flood hazard reduction in the Bay Area. Any questions regarding these comments should be directed to the Flood Plain Management Division of FIA at (202) 426-1891, or to Mr. Nicholas Lally, Director of that division in the HUD headquarters. 3 Conclusions BCDC is a useful and ongoing operation, but HUD finds that the BCDC proposal for coastal zone management has highly inadequate coverage of the flood hazard in the context of the Coastal Zone 11anagement Act of 1972 and implementing regulati'ons, and that state perspective and state review mechanisms for dealing with appeals of BCDC decisions on its coastal zone are inadequately developed. The BCDC area is more a localized area of critical concern than a "segment" of the California coastal zone. Recommendations 1. HUD recommends that approval of the BCDC segment be witLhheld at least until the flood hazard considerations and the NFIP are made integral parts of the BCDC coastal zone management plan. 2. HUD recommends that NOAA/0CZM review generally (a) the appropri- ateness of considering the BCDC area a "segment" of the California coastal zone management program and (b) the Undesirability of the precedent that would be established in approving such a segment before state-level review and appeals mechanisMis are authorized by stlate law and are in place. Moreover, inasmuch as coastal zone enabling legislation in California is about to lapse and there are difficulties in gaining passage of successor legislation, we recommend that approval of the BCDC segment be withheld until that situation is clarified and state-level review and appeals mechan- isms are established to deal with the BCDC area and other segme Sincerell, David 0. Mleeker, Jr. FAIA, AIP Assistant Secretary @a r ;eo f"" "I U it rf ed States Department of the Interior OFFICE OF THE SECRETARY -4 3, WASHINGTON, D.C. 20240 JUL 1 1976 @'Alr! lCill C V, 'E cj_c;@mcimr Dear Mr. Secretary: This is in response to your letter of May 5, 1976, transmitting the San Francisco Bay Conservation and Development Com-mission (BCDC) Coastal Management Program for review and comment by the Department of the Interior. Accordingl.v, @,.,e have reviewed the proposed program and offer the following comments. General Comments Based upon our review of the proposed program we.have three primary areas of concern. The first deals with assessment of the environmental impacts of the proposed program for the Bay Area. Our second concern.is that the Sacramento-San Joaquin Delta is excluded from the Coastal Zone Management (CZNI) Plan for the State of California as well as for the BCDC. The third.concern is related to the need for more coordinat -ion between the proposed CZM pro-ram and certain units of the Department of the Interior. For the first concern,. we note that NOAA's review criteria for developing and reviewing CZM programs and plans stress the need for displaying procedures for most of the required program elements plus an environmental assessment of those program elements. However, both the proposed CZM program and the BCDC plan present conclusions with little or no discussion on how the procedures were utilized to meet the requirements-of the program elements. Additionally, an environmental assessment was not provided, particu- larly for such major plan proposals as port expansion noted for Benicia, Oakland, Redwood City, Richmond, and San Francisco; deepened shipping channels between the Golden Gate to the Delta and to Oakland, Redwood City, Richmond, and San Francisco; new shoreline parks, beaches, marinas, fishing piers, etc..; future airport developments; kn% J protecting and adding to prime wildlife areas; and encouraging private investments in shoreline developments. Determining long-term impacts for these major proposal elements in a detailed manner may be difficult because the necessary information may not be readily available However, we note that Appendix IV contains many maps and illustrations showing several of the above mentioned proposal areas and general information is available to make interpretations or assessments of impacts from con's,tructing similar facilities existing in the area. Such known information includes what happens when a marsh area is filled, dredged, or diked. Also, we note that the maps are sit-a specific fo.- various types of uses or developments. This indicates information is available for the development of an environmental impact analysis. Our second major concern is e-xclusion of the Sacramento- San Joaquin Delta in California's CZM plan. It is an important segment of "the adjacent shorelands (including the waters therein and thereunder) strongly influenced . by each other . . ." and as such complies with Section 304(a) of the Coastal Zone Management Act which calls for including the coastal waters and the above mentioned lands. Our review of the proposed area shows that the waters of the Delta exert a considerable-influence on the waters of San Francisco Bay and the Pacific Ocean. Fu 'rthermore, influence from tides.and saltwater incursion through deeper channels has affected the character, quality, and potential uses of Delta.waters. Further, we note that the BCDC has recognized the importance of the Delta in its Policy Amendment Number 2 adopted on January 4, 1973, for the Bay Plan. Particular relevance is found in Findings d, e, and g(3) as well as the three policies of the anendment adopted by BCDC. Most import-antly in terms-of the 'CAMA, use of Delta waters, particularly the further -withdrawal of such waters for irrigation and drinking water as contemplated by several active BCDC proposals, will directly and significantly affect the character of San Francisco Bay and adjacent bodies of water. Clearly,,the land and water uses of this area can directly and significantly impact San Francisco Bay and should, therefore, be included within the State's Coastal Zone Management Program. 2 Further, we note that the Delta is excluded from the C Z NIT program because BCDC claims other State agencies and a regional agency already handle the m *ost pressing Delta problems. Even if other agencies are presently involved in management of various aspects of the Delta, we question this as a valid reason for omitting this area from the State's coastal zone. Such a situation is no different from other coastal areas where a myriad of agencies are involved in various forms of resour 'ce management. This is precisely a reason for coastal zone management in that Congress in considering the CZNLA found inadequate, con- fusing institutional arrangements prevalent in the coastal zone and declared it a national policy to encourage cooperative, consolidated approaches to coastal resource management. We recommend that the OCZM, in cooperation with BCDC and the State of California, addriess the issue of a segmented CZM program as it relates to the Delta and provide in either the BCDC program or the Coastal Commission program a means at the State level of com-. prehensively handling the Delta as part of the State Coastal Zone Management Program. We would be pleased to participate in any discussions leading to resolution of this matter or to present our position as to why the Delta should be included within the coastal zone. The present position of the State, in regard to the Delta, puts the Department of the Interior in a potential posi- tion of "serious disagreement" with this portion of the State CZM program. Another problem with the proposed coastal zone boundary relates to the treatment of areas landward of dikes which are not being used as salt ponds or are not classed as "managed wetlands" and used largely for duck hunting and agriculture. These areas are excluded from the proposed coastal zone, except for a 100-foot strip adjacent to the mean high water line. Thousands of acres of diked tide- lands fall into,the excluded cate-gory which primarily serve agricultural purposes or as open space and wildlife habitat. These lands are either abandoned salt-ponds, seasonally flooded areas, or areas that have been allowed to revert to a natural state. These areas are more prone to being filled.than other areas of the Bay since BCDC has no control over them. Comprehensive regional plans are lacking for these areas and, as a result, there is little or no administrative force to protect them for the benefit of the public. With existing authorities, housing .developments, shopping centers, offices, and light 3 industrial complexes could spread over from the uplands into these areas to within 100 feet of the dikes. Diked tidelands are of considerable value to wildlife resources primarily as-a result of the immediate prox Iimity and ecological interrelationship to the open waters of San Francisco Bay. Destruction of either portion of this ecological system would seriously diminish wildlife resources for the entire coastal area. Corrollary to this general concern is the fact that authorities and@policies of BCDC as stated in the CZNI program are inconclusive with respect to the status of diked salt ponds which may be discontinued for salt production use in the future. Such areas, be they left idle or proposed for conversion to other uses, should clearly be under the c,ontrol of the BCDC CZM Program. Clarification is needed in the final program re g arding the authorities and policies of BCDC on this issue. While the Federal government, through the Corps of Engineers, presently exerts jurisdiction on these former tidelands, overall comprehensive planning is nonexistent. We disagree with BCDC's contention that its control over the 100 feet landward of dikes is sufficient to insure protection of this valuable habitat.. We recommend, if the BCDC CZMI program is approved, that as part of admin- istration of such a program, a formal investigation be conducted of these areas to ascertain their value to the Bay and-its living resources and a program for insuring the maintenance of these valuable former tidelands be formulated and implemented. Such a program should involve a partnership of Federal, State, and local interests. We would be pleased to participate in any such endeavor. This leads us to our third concern of better coordination between the proposed CZM program and cert--ain units of the ,Departmen't of the interior. Our first suggestion here is that the CZM program be revised to include the latest up-to-date information on Federal lands. For example, we note that the latest information furnished by the Fish and Wildlife for its holdings in the San Francisco Bay area has not been used. Further, we note that the CZNI program and its primary component, the San Francisco Bay Plah as amended, has a strong emphasis on overall policy development related to 4 resources, uses, and general administration. Also, the plan has an effective permitting program which provides a meaningful complement to such a policy base. Specific land and water use planning, however ! is restricted to designated priority use areas specified by the plan and "Special Area Plans." These "plans" are provided for by BCDC regulations which establish procedures for their adoption. One such plan for the San Francisco waterfront has been adopted by the Commission, and the proposed work program calls for use of Section 306 funds (if the pro- gram is approved) to complete additional such "plans." In the past, coordination with this Department has not been as complete or clear as desi-rable for such resources and uses as fish and wildlife, outer continental shelf activities, historical, archaeological, and other cul- tural values. We believe that in keeping with past trends, conditions affectingthe resources and uses of the coastal zone will be changing rapidly. The San Francisco Bay Plan, as the bore of a CZPil program, if approved, should not be a static document. We note that provisions-for modifying priority use areas in the plan are included in the McAteer-Petris Act. However, procedures for development or modification of "Special Area Plans" by BCDC in response to changes are not included in the CZM program. Our pr .i- mary concern is that there is no specific opportunity or mechanism apparent in the program for insuring participa- tion by Federal agencies in any asp ectlof these two important land and water@use guiding processes. The Fish and Wildlife Service of this Department,has, in the past, recommended to BCDC that several areas receive detailed planning under the "Special Area Plan" concept, for purposes of protecting unique fish and wildlife resources. Richardson Bay in. Marin County is an example owing particularly to its importance to marine mammals (Harbor seals). To our .knowledge, our past requests have not been acted upon. We believe the concepts of Priority Use Areas and Special Area Plans are very important in terms of accomplishing, the goals of thie-CMIA. We recommend that in modifying this preliminary.program, BCDC and the OCZM insure that the final program submitted for approval contain specific 5 methodologies for conducting these important planning activities, and that such methodologies@ provide specific opportunities for Federal agency participation. Specific Comments On pages 25 and 26, Section (4), it is stated that "the following Federal agency licenses and permits to conduct activities affecting land and water uses in the coastal zone will be subject to certification by the Cormlission for consistency with the BCDC management program under Section 307(c)(3):" For the Department of the Interior, we note that only the Bureau of Land Management (BLM) is listed, and that the U.S. Geological Survey (GS) should also be listed. BLM issues leases and exploration per- mits for mineral rights on public lands, whereas GS issues drilling permits and approves exploration and operating plans pertaining to the extraction of leasable minerals. As you are aware, the issue of excluded Federal lands has been submitted by your Department to the U.S. Attorney General for clarification. If public lands subject to leasing by BLM are excluded,from the coastal zone, reference to the Department of the Interior, including BLM and GS, should be removed from Section (4) on page 26. However, if such lands remain within the identified coastal zone, the description of activities-of the Depart- ment of the Interior should be clarified as noted in the above paragraph, There is some question as to what criteria are applied when determining whether or not the use for lands to be filled is justifiable. On page 17 of the Management Program, (2) Marshes and Mudflats, it is stated that "special emphasis" is placed on preservation of marsh- land and mudflats. It further states that "fill can be permitted only for purposes of providing substantial public benefits and then only if there is no reasonable alternative." On page 14 of the Management Program, it states that "further fill should be limited to the minimum necessary for certain 'high priority water-oriented uses possibly requiring additional fill Examples of uses of fill land with substantial public benefit and high priority use are'given as specialty shops, hotels, and restaurants. Some of these uses seem to be incon- sistent with the.stated criteria. The Management Plan should better define what is considered high priority 6 water-oriented use and how this differs from previous uses on filled lands. For-instance, could justifiable use be a shopping center or-housing complex that offers open space with public access or specialty shops along the water? There is also a deficiency in the program with regard to archeological, paleontological, and historical values. Although reference is made to historical values in regard to water-related industry on page-18, similar recognition should have been considered in most other development policies involving use or disturbance of submerged, wet, dry lands. The Pacific Ocean was once considerably lower than it is today; therefore, archeological and paleontological values may exist in the submerged lands. Transcending this, however, any disturbance of the natural land surface through excavations, grading, or filling could have an irreversible adverse affect on the aforementioned values. The Management Program should address in more detail the policies for the inventory, protection, and conservation of historic and cultural resources, as required by the Act and by Section 923.4(b)(4) of the implementing regu- lations, particularly for the port development, construction of dikes, park development, encouragement of private investment, regulation of land use, see page 4, that are likely to have effects (both adverse and positive) on cultural resources. Like other resources in the San Francisco Bay Area, cultural resources can best be protected on a regular basis. Also, like other resources in the area, cultural resources have been severely damaged by ongoing development around the Bay. For example, only an estimated 10 percent of the prehistoric archeological sites recorded around the Bay margins in 1905-07 still survive today, and many of these have been damaged. Preservation and salvage efforts undertaken by individual loca*1 governments, historical and archeological organi- zations, and academic institutions, while often.successful, cannot by their very nature serve the cultural resource management needs of the region as a whole. A coordinated historic cultural resource management program is needed and should be integrated into.the 7 Management Program proposed by BCDC. We note on page 38 that the California State Resources Agency has a primary role in the BCDC management program. The California State Historic Preservation Officer is Mr., Herbert Rhodes, Director, Department of Parks and Recreation, State Resources Agency, P.O. Box 2390, Sacramento, California 95811. He should be consulted and assist in the develop- ment of an inventory of historic and cultural resources in the area and in thedevelopment of a cultural resource management program. As part of a cultural program, BCDC should either conduct. a survey of cultural resources around the Bay immediately or build a phased program of reconnaissance, survey, and inventory into its planning system. It should also institute policies to insure that cultural resources will be identified, evaluated, and protected in accordance with Federal standards in connection with future regulated land use around and within the Bay. The requirement for theinventory and designation of areas of historical significance'and cultural value is stated specifically in Section 923.13(a)(1) of the implementing procedures. In addition, the Secretary is prohibited from giving or granting approval until provision is made for preserving and restoring specific.areas,for conservation (Section 923.16(b)). We also recommend that the Advisory Committee, mentioned on page 28Y include someone with expertise in cultural resource management such as an archeologist, historian, or architectural historian,@ .Planning Process--Historic 'and Cultural Resources, on page 29, should be added to the section subjects to be considered in planning. In the discussion on pages 37 and 38 concerning the roles of Federal agencies, no consideration has been given to the role of the.'National Park Service and Advisory Council on Historic Preservation in the iden- tification and designation of historic and cultural resources. Clearly, the role of these organizations is outlined in the National Historic Preservation Act, Executive Order 11593, the procedures of the Advisory Council on Historic Preservation (36 CFR 800) for the 8 implementation ofSection 106 of the National Historic Preservation Act and Section 1(3) and 2(b) of Executive order 11593, and the Archeological and Historic Preservation Act of 1974 (Public Law 93-291). With the BCDC Coastal Management Plan becoming part of the ultimate California Coastal Zone Management Plan, any funding that may become available through Section 306 of the Coastal Zone Management Act of 1972 for updating the BCDC plan should .be contingent upon recognition of the historical and pre- historical values in subsequent policies and programs. Also, we suggest that scientific and educational uses be addressed in the plan and note that they a.re not listed under permissible uses on pages 15 and 16. The Fish'and Wildlife Service is concerned about the lack of consideration given to'endangered species of fish and wildlife in BCDC's proposed CZM program. Three endangered species are found within the proposed Coastal Zone: Cai-ifo-rnia Clapper Rail, Saltmarsh Harvest Mouse, and the California Least Tern. We recommend that prior to final Federal approval, the Department of Commerce and BCDC ascertain the impacts of the proposed program, on these endangered species. If impacts @re projected to occur or consultation regarding these matters is needed, the Regional Director, Fish and Wildlife Service, Portland, Oregon should be contacted. Modifications to. the CZM program which are necessary to insure the protection of critical habitat,for these species should be made,accord- ingly and in conformance with Section 7 of the Endangered Species Act of 1973 (Public Law 93-205), and guidelines regarding administration of that section recently issued by the Fish and Wildlife Service and the National Marine Fisheries Service. Summary We appreciate the opportunity to review and comment on this plan. Our main,concerns with the proposed plan are: o the absence of an environmental assessment for major proposals contained within the plan; o the exclusion of the Sacramento-San Joaquin Delta from both the BCDC and California State CZM plans; o the absence of mechanisms that insure Federal partic1pation.in planning for Special Area Plans and Priority Use Areas; o weaknesses in procedures for identifying, inven- torying and conserving areas of historical signifi- cance and cultural value; and 9 o lack of consideration given to the management of rare and endangered'species of fish and wildlife. We recommend that the recommendations outlined in this letter be incorporated into the plan. We feel that BCDC's past operations have been exemplary and we have no objection to your approval of the proposed plan. Sincerely yours, Id G. .(Sgd) Ronal Colei.,1311 A23istant Secretary of the Interior Honorable Elliot L. Richardson Secretary of Commerce Washington, D.C. 20230. 10 OAT Ot UNITED STATES 0 DEPARTMENT OF THE INTERIOR OFFICE OF THE SECRETARY PACIFIC SOUTHWEST REGION BOX 36098 - 450 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 (415) 556-8200 May 5, 1976 Mr. Charles R. Roberts r_xecutive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear Mr. Roberts: We have reviewed the revisions in the BCDC draft Management Program For San Francisco Bay which you submi-I.:ted.to us with your memorandum, of May 3, 1976. We are concerned about the last sentence in section 6 under the heading The BCDC Management Program and Section 307 of the Coastal Zone Manaqement Act. The sentence in question as revised reads as follows: "If no resolution is possible, BCDC will forward its determination to the appropriate Federal agency and as required by Section 307(c)(d) of the Federal Coastal Act, the Federal agency will not approve the proposed project." We believe that in order for this statement to be in con-formiance with Section 307(cXd) of the Coastal Zone Management Act of 1972 it should be revised further to indicate the follow-Ing provision under Section 307(d): ...."Federal agencies shall not approve proposed projects that are inconsistent with a.coastal state's management program, except upon afinding b@ the Secretary that such project is consistent with the purposes of this titl e or necessary in the interest of national securi_@Z (Emphasis added) -2- This same comment also has been made to the California Coastal Zone Conservation Commission which had included an identical sentence in its National Interest Statement in the proposed California Coastal Plan. Thank you for the opportunity to review the revisions in the BCDC Draft Management Program for San Francisco Bay. Sincerely yours, Webster Otis Special Assistant to the Secretary 04T Or ow; UNITED STATES DEPARTMENT OF THE INTERIOR". OFFICE OF THE SECRETARY PACIFIC SOUTHWEST REGION BOX 36098 - 4@O GOLDEN GATE AVENUE SAN FRANCISCO. CALIFORNIA 94102 (415) 556-8200 April 13, 1976 Mr. Charles R. Roberts Executive.Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear Mr. Roberts: Thank you for the opportunity to review the Draft Commission Management Program For San Francisco Bay transmitted with your memorandum dated April 6, 1976. Mr. F.G. Macias of my staff already has been in touch with Mr. Michael Wilmar of your office to discuss some minor comments on the draft. However, we felt it would be more appropriate to,take this means to make these additional comments. We note that starting on page 12 of the draft there is a section.designated g. The Delta which is included under the broader heading (4) equacy ot the Boundary of the BCDC Segment. Although this section-does not contain an explicit recommendation to include the Delta as a part of the BCDC Segment there is an implication that perhaps it should be. It also gives the impression that if it is not part of the BCDC Segment then maybe it should be included-within the California coastal zone at some time in the future; again without a specific recommendation to do so. This observation is not being made for the .purpose of passing judgement on whether or not it would.be appropriate to include the Delta in the.Coastal Zone now or in the future'. Such a. det6rmination would require extensive aftalysis and discussion among all interests concerned which to our knowledge has not been accomplished to date. Therefore, since.neither the BCDC's nor the California Coastal Zone Conservation Commission's jurisdiction extends into the Delta at this time, it seems to -2- us that. any discussion-which implies such a possibility could create adverse reactions from various interests in and beyond the Delta unnecessarily. It is our feeling that the management program would not be weakened by the exclusion of this section. On the other hand, any apprehension resulting from the inclusion of this section could make it more difficult or impossible to extend the boundaries of the coastal zone into the Delta at some later date even if justified by future studies, because of prejudicial antecedants. Sincerely,. Webster Otis Special Assistant to the Secretary "W Or N q partment ior Un*ted States De* of the Inter* FISH AND WIL.DL-IFE SERVICE DIVISION OF ECOLOGICAL SERVICES 2800 Cottage Way, Room E-2727 Sacramento, California 95825 May 3, 1976 Mr. Charles R. Roberts Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear Mr. Roberts: We appreciate the opportunity to pr ovide comments on your draft -report, "Management Program for San Francisco Bay," and to express our concern for the diked tidelands which are not included under the direct juris- diction of the San Francisco Bay Conservation and Development Commission. In general the draft report appears adequate and should be sufficient to satisfy requirements of the Coastal Zone Management Act of 1972. It is sometimes difficult to make recommendations for improving an agency's effectiveness when that agency has done and continues to do a good job in its assigned tasks. The Service recognizes BCDC as the agency which began turning the tide of d6gradation,of the Bay and which implemented a multiobjective planning approach to preserve portions of the Bay for all beneficial uses. With our known respect in mind, we want you to consider our views concerning the need for BCDC to extend its jurisdiction to,100 feet landward of the MHHWIine of all diked tide- lands. For clarity and to assistus in expressing our concern, we have referenced our discussions to related portions of your draft report. The following comments are for your consideration: Page 3. Par. I - It should be mentioned early in the report that thousands of acres of diked tidelands are also being used for agricultural purposes or are 'accidentally serving as open space and wildlife habitat on an interim basis. The latter lands are either abandoned salt ponds, seasonally flooded areas, or areas that have been allowed to revert to nature. These lands should be recognized in the report as they are vitally important as wildlife habitat and open space, and are much more .40@_UTIO& prone to being filled than other areas of the Bay plain since 16' BCDC has no direct control over'them. M ro Page 4, Par. 2 and Par. 3 Port planning should be accom- plished on a regional basis to,prevent unnecessary environ- mental degradation which results under a severely competitive system and piecemeal planning. Certain ports should be rec- ognized as obsolete and that their former and present business can best be handled by other means.. No port in the Bay area should be allowed to -degrade the environment just so it can attract.some of the business away from a neighboring port. Page 5. Par. 1 - Use of shoreline_property for housing develop- ments will benefit developers and the few who can afford such a luxury, but it is at the expense of the remaining public sector, open space, aesthetics, and fish and wildlife of the area. To permanently commit diked tidelands to such develop- ments will further degrade the Bay ecosystem. 'Only uses which are truly water oriented or which significantly benefit the public at large should be allowed to degrade the Bay ecosystem any further than has already taken place. Pa'e 11, Par. 3 We do not believe BCDC's influence outside 9 of the 100-foot shoreline band is sufficient to control the development in diked agriculture or abandoned salt pond type tidelands. Since no agency has a comprehensive regional plan for these areas, there is no administrative force to protect them for the benefit of the public. Under such a case, housing developments, shopping centers, offices, and light industrial complexes could spread o'Ver these lands up to within 100 feet of the bayward dikes. Although the Corps presently maintains jurisdiction on these former tidelands and the California De- partment of Fish and Game, the Service, and environmental groups keep pressure on the Corps, these lands are still being lost at a slow rate. If the Corps should happen to lose their jurisdiction over these sometimes dry, sometimes wet, or. seasonally flooded diked tidelands, rampant filling and develop- ment probably would occur immediately and further degrade the open space and wildlife values of the entire Bay. In essence we believe that these lands which are such an.important part of the total Bay system and which have a viable potential of being restored to tidal action, should be given at least the same protection as presently afforded to salt ponds and managed wetlands. Page 15, Par. I and Page 17, Par. 2 - All diked tidelands must be given greater protection than indicated in theseparagraphs if the ecological and aesthetical values of the Bay are to be maintained and protected for future generations. Under-the present policy it appears that when salt production is no longer -2- pursued, the lands will be afforded the same lack of protection as presently given to diked dry and agriculture lands. Just about any type development can meet the criterion of having no ,impact on the Bay proper, and developers will be more than will- ing to allow public access on the 100-foot strand behind the bayward levees for the development rights on the remainder of the area behind dikes. It must be recognized that present wildlife values of the Bay cannot be maintained on a 100-foot wide strand of land and the few areas for refuges that are or will be establ.ished. To maintain present wildlife values, habitat behind dikes must be either maintained or if development is to take place on some of these lands, the rest Must be improved for wildlife. If the Bay is to become only a body of water surrounded by a. 100-foot wide strand of open space parkland interspersed with the various other type of human encroachments,,its present aesthetical values will be virtually lost and will become comparable to some of the present interior lagoon-type housing developments. The importance of wildlife and tidal restoration is recognized and direct enforceable protective measures must be afforded to all restorable tidelands behind dikes. Page 19, Line 3 - National Park Service should be changed to Fish and Wildlife Service. Page 36, Par. 3 - The 100-foot jurisdiction may be sufficient to protect a larger zone from some types of water dependent developments, but it has no impact on such types as housing or industrial developments that have no need for direct water access.. In these cases the 100-foot wide span is not developed but all areas landward of the span are filled and destroyed. Page 37, Par. 5 and Page 39, Par. 3 - The Corps does not neces- sarily have to deny.a.permit just because the Resources Agency objects to jts -issuance,although this is the general policy. More important than this, however, is if no. agency has any direct responsibility for these diked tidelands or any clearly stated long-term management plan for these lands, then it is highly -likely that piecemeal development will slowly destroy or degrade them even with the present Corps jurisdiction. If Corps juris- diction over these lands is lost, which is possible since the Corps has no real desire to maintain it, development would pro- ceed unchecked, all to the detriment of the open space and wild- life value of the Bay. To prevent this, all the diked tidelands, not just salt ponds and managed wetlands, must be given the same protection that BCDC affords to lands within the 100-foot band inside of the bayward dikes. -3- In summary, the Service views San Francisco Bay and the Sacramento- San Joaquin Delta as a single highly complex ecosystem that should be maintained for all its beneficial uses. The ecosystem consists of not only the open water areas and the immediate adjacent 100-feet of land but also the diked tidelands that are used for agriculture or allowed to stand idle. Since all thse lands were once tidal and contributed to the nat.ural ecological balance of the Bay and presently support wildlife, we believe they should be afforded complete protec- tion for wildlife use, eventual tidal restoration, or other public uses. If these lands are not protected or included in a comprehensive land use management plan, randomized development will ultimately destroy all their natural values which will further degrade the wildlife and open'space values of the entire Bay-Delta ecosystem. To us the most plausible way to prevent such.degradation from occurring is to include all diked tidelands below the plane of MHHW within the direct jurisdic- tion of BCDC. If the increased work load resulting from extension-of jurisdiction is too great for your staff, measures should be taken to obtain additional personnel. The increased benefits to the Bay.and the public derived from preventing further destruction and degradation of the valuable diked tidelands will far outweigh the expense of paying a few more personnel. Should you have any questions on our views or would like to discuss them further, please contact us. Sincerely, yours Felix E. Smith Field Supervisor cc: California Coastal Zone Commission, S.F. California Resources Agency, Sacramento Audubon Society - Golden Gate Chapter, Berke'ley California Dept. of Fish and Game, Sacramento California Dept. of Fish and Game, Yountville Committee for Green Foothills, Palo Alto Save S.F. Bay Association, Berkeley .Sierra Club, S.F. -4- DEPARTMENT OF THE NAVY WESTERN DIVISION NAVAL FACILITIES ENGINEERING COMMAND P.O. BOX 727 SAN BRUNO, CALIFORNIA 94066 IN REPLY REFER TO: 1AC 2021AS:CM:nm Ser P2-461. 10 June 1976 Mr. Charles R. Roberts, Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear Mr. Roberts: This Command has reviewed your communication'dated May 3, 1976 containing the Bay Conservation and Development Commission's (BCDC) most recent revisions to the section on the National Interest in San Francisco Bay of the draft 1,11anagenient Program. Although this version has eliminated many of the previous objections, there are still clauses which must be clarified to permit complete Navy approval. a. Planning for Federal activities: Paragraph 1 - A minor typographical error in line four requires correction of the word "content" to "context." Paragraph 2 - Although deletion of the words "readily identifiable" helps to clarify the intent of the exclusion clause, it is still considered necessary that the words "and that are used by the Department of Defense for national defense purposes." also be stricken. The Navy's position is that all naval activities on all of the lands the.Navy uses are conducted in the interest of national defense and,. thus, this qualification is not only not necessary but further tends to raise the question of a non-defense use of Navy lanas. ' The use of the word "other" in line five is likewise objectionable as an unnecessary limiting qualification. Paragraph 3 This Command suggests the word "will" be substituted for "may" in line 15 to p rovide for definite accommodations to situations of conflict between overriding national needs and particular provisions of the plan. This change would be consistent with the language preceding, which stipulates that the situation is a "conflict both on overriding national need." What other alternative is there? 202lA5:CM:nm Ser P2-461 10 June 1976 b. The BCDC Management Program and Section 307 of the Coastal Zone Management Act: Paragraph 1 - Although this is not entirely clear regarding the-procedure of the A-95 -review process, the language does -appear to be reasonable and not inconsistent with established Federal procedures. Paragraph 2 The requirement for memoranda of understanding a form of.permit) by "Federal agencies" is contrary to the long-standing Navy position. Ideally all referencesto such requirement should be deleted here and elsewhere throughout the statement. To avoid confusion regarding DOD activities, it is suggested that the first sentence of this paragraph be modified to read, "Except as to the Department of Defense (or any agency thereof), or as provided in paragraph five below ... " This should clarify which Federal agencies are not being referred to elsewhere in the plan when a memoranda of understanding is required. The same change is recommended for paragraph three, line three. If any of the above comments are unclear or unacceptable to BCDC,'please contact this Command., Sincerely, ES H. MILDES ead, Master Planning Branch Installations Planning Division AM 2 Of TR&S@, U.S. DEPARTMENT OF TRANSPORTATION ARIZONA CALIFORNIA. REGIONAL REPRESENTATIVE OF THE SECRETARY HAWAII SUITE SIX TEN TT. ro, 4-) NEVADA ip 11 '@XMERICAN SAMOA TWO EMBARCADERO CE )TT E DIZ) SAN FRANCISCC, CALIFORN @94 GUAM 415-556-5961 ;_./iIUST TERRITORY L--bF THE PACIFIC ISLANDS July 2, 1976 & Mr. Robert W. Knecht Assistant'Administrator for Coastal Zone Management Nation.al Oceanic and Atmospheric Admin-istration Rockville, Maryland 20852 Dear Mr. Knecht: The DOT agencies in Region IX have reviewed.the San Francisco Bay Conservation and Development Commission (BCDC) Coastal Management Program. The program has been thoroughly reviewed and some modi- fications have been made as a direct result of verbal and written communicat.ions between DOT agencies and BCDC. Comments provided by the Western Regional Office of Pipeline Safety were sent to Mri Gardner on June 8, 1976 and the. copy directed to this office was inadvertently mis- sent-to the wrong address. .The major DOT concerns are addressed in the body of this letter, however, the comments previously furnished by the office of Pipeline Safety are considered to be an integral part of the DOT comments. The following are identified as Program items on which the DOT has disagreement with BCDC and still remain to be resolved. The BCDC Plan submitted to the National Oceanic and Atmospheric Administration (NOAA) for approval contains materials dated April 6,-1976. Subsequent to that date, BCDC, responding in part to our comments, revised the State- ment of National Interest with adate of May3, 1976. We have been informed that NOAA is advised of those BCDC ap- proved changes. Inasmuch as the changes make the BCDC Plan less objectionable to us, we wi.11 address our position to the BCDC Plan originally submitted as revised by the May 3, 1976 materials 2 THE SCOPE OF THE FEDERAL LANDS EXCLUSION. The' revised wording of the Federal lands exclusion from the definition of the coastal zone in the May 3rd Statement of-National Interest eliminates much of our prior concern with regard to Coast Guard facil- ,ities. We believe, however, that the exclusion is still an unacceptably narrow interpretation of the Act. The Department of Transportation and most Federal agencies, as well as the Attorney General for the State of California (opinion No. SO 73/25 of January 23, 1974), have interpreted the Federal lands exclusion from the coastal zone to mean that any lands used exclusively by the United States, its officers, or agents, in accordance with Federal law, irrespective of ownership or jurisdictional status, are excluded from the coastal zone whil'e so used. Accordingly, the Federal lands exclusion must apply equally to all Federal agencies, not just the Department of Defense and the Coast,Guard as the revised Draft would indicate, Those Federal lands so excluded should be identified in the plan as required by 15 CFR 923.11(b)(4). The May 3rd revision's purported exclusion of Coast Guard facilities creates two specific problems(for t.he Department of Transportation. First, the exclusion as it now reads would estab- lish a two part test for,assessing whether the ex- clusion applies. In addition to Federal control, the additional test of use for specific operational missions is included. This is considered to be un- acceptable to us. Second, Paragraph 4 of the May 3rd Statement of National Interest indicates that a permit (including Memorandums of Understanding (MOU's)) would be re- quired, as a precondition to issuance of any Federal permit. The clear implication is that a Federal applicant must have a MOU for a permit from another Federal igency. We.believe this is based on a mis- conception of what the Federal law requires. It is clear from the legislative history that the Congress intended to exclude Federal facilities from the CZM Act except-as.provided in the Federal consistency provisions, Section 307(c)(1) and (2). These sections are a compromise between the established concepts of Federal supremacy and the need to have a coastal zone planning proce.ss which is,comprehensive. For ongoing Federal activities affecting the coastal zone, and for new Federal development in the coastal zone, the requirement is for consistency'to the maximum extent possible. The provision dealing with Federal permits, 3 Section 307(c)(3), does not apply to the Federal applicant so as to modify those consistency stand- ards. Were it to apply, Section 307(e)(1), including the provision that the Federal statute does not limit the authority of the Congress to authorize and fund projects, would be defeated; because a project authorized and funded by the Congress could in effect be vetoed by a coastal agency simply by the withholding of their certification to prevent issuance of a necessary Federal permit. It is stated in Paragraph 4c(2) that a Memoranda of Und..erstanding will re,place the required corn- mission permit which, in the case of FAA, involves airport development. This section should be clari- fied to.indicate whether a Memoranda of Understanding will also be required for each and every type of FAA air navigation *facility which may be located within the area of concern but off of the airport, such as the establishment of a Remote Control Air Ground Communication facility (RCAG), Airport Surveillance Radar (ASR), etc. Consideration should possibly be given to placing these types of facilities in a .class action Memoranda of Understanding to eliminate any d-uplication of effort. As a final point with regard to the exclusion of Federal facilities, we believe that the plan should note the existence of the*concept of navigational servitude as embodied in the Constitution of the United States so as to avoid any suggestion that ..State control might be exerc-Ited' over matters exclusively fvithin the Federal domain, as, for example, placement.of aids to navigation by the Coast Guard in the navigable waters of the United States. 2. PROCEDURAL REQUIREMENTS OF THE MANAGEMENT PLAN. The third sentence of Paragraph 1 of the May 3rd revised plan's Statement of National Interest cor- rectly states the Federal decision-making processes which the Coast Guard is bound to follow. Our po- siti:on ts that the imposition of formalized pro- ,cedural requirements, such as the MOU process as described in the plan, it unacceptable. Further, the suggestion that any Federal agency should rou- tinely appear before the Commission as an applicant for a supposedly voluntary MOU seems to us to be an inappropriate procedure. 4 The May 3rd plan also implies that Federal agencies have generally agreed to use the MOU process. In- formal conversations by the Coast Guard with other agencies indicates that while, as a matter of ex- pediency the MO.U process has been used with regard to some past specific projects. We are not-aware of any Federal agency that has now agreed to use the MOU process for all of its projects, and most, in fact, reject the MOU process. It is not likely that the DOT organizations, or any other Federal agency, would voluntarily en.ter into the restrictive formalized processes as des- cribed'in the May 3rd plan. The statement's pro- cedures would add a completely new and'cumbersome overlay to-the existing processes. We believe that these will discourage all Federal agencies from entering into a MOU with a coastal agency. The Federal decision making process now requires full accounting for an agency's action's including, in appropriate instances, public hearings. These existing processes would seem to provide ample opportuni-ty for BCDC's substantive review of projects. We believe that a more realistic alternative is mentioned in the third sentence of Paragraph number 1 which indicates that for special or unusual.pro- jects, additional coordination with individual Federal.agencies might be desirable. In such a case, the agency involved may elect to use some form of written agreement when that approach is mutually beneficial. It is doubtful that any agency would go through the procedures outlined in Para- graphs 2, 3 and 5 so as to effectively submit them- selves to the permitting process of a coastal agency. We believe that the formalized MOU processes must be eliminated from the plan. We also feel that the plan must be further revised to eliminate any sug- gestion that any Federal agency has agreed to, routine use of the MOU process for its projects. We-find that efforts to implement the Federal lands exclus.ion and the consistency provisions have grown beyond realistic perspective in this plan. As the Coast Guard have noted sev,eral*times to BCDC, it is the Federal agency charged wi,th the protection of the coastal marine environment. That, combined with our mandated responsibilities for safety of life and property and law enforcement along our nation's coasts, makes it extremely unlikely that we would intentionally act inconsistent to the 5 interests of the coastal zone, short of a substantial overriding national interest. The DOT through the Coast Guard and BCDC have the same substantive goals, i.e., to preserve the coastal zone consistent with the declaration of Congress. We believe that existing Federal procedures will cause the same result for other Federal agencies. The plan should be revised to eliminate the MOU process and to address an ex- 'plicit means of relief should a conflict occur be- tween the State and a Federal agency over consistency with plan object:ives. The FAA regional offices recommends that the section identified in Paragraph 4C(6) should be expanded to not only include the review of applications for Federal assistance but also all Federal agency in- itiated direct development projects as stipulated under Part II of OMB CirCular A-95. The FAA is now doing this and the involve-,d clearinghouses have advised them that this type of information is of extreme value to all concerned parties at both the state and local levels. 3.@ CONCEPT OF NATIONAL INTEREST. The BCDC Plan, in Section 4a, Facilities o tional Importance, fails to recognize the Coast Guard's programs in the pre- servatton and maintenance of the coast@l zone en- vironment. Federally mandated Coast Guard programs for the protection of life and property at sea, for the safety of navigation through aids to navigation and vessel traffic service programs, and for the protection of the marine environment, are ess'ential to continued used of the coastal zone the plan seeks to protect.. These Federal interests are applied to benefit, protect and preserve San Francisco Bay as well as the rest of the nation's coastal marine environment. Regulations passed by NOAA mandate a broad State perspective with regard to the siting of facilities and recognition of requirements which are other than.local in nature. The Managment Program must be revised to reflect these essential national interests, a'nd must provide program consideration for the siting of facilities in support of requirements which are other than local in nature. 4.. SEGMENTATION. It is our view that the BCDC Plan, proposed as an entirely separate entity from another California Coastal Zone Commission, is not merely 6 a segment of a 'single, overall California plan@in accordance with Section 306(h) of the CZM Act; but rather one of two separate Coastal Zone Com- missions in the same State. We believe that the essence of the Federal Act is to encourage a single, compre'.hensive State Plan directed towards broad and comprehensive planning on a regional basis. The Coast Guard has registered their concern with the apparent lack of interstate coordination in- asmuch as several of the above raised issues have been satisfactoriy resolved in the Pacific Coast states of Oregon and Washington. Approval of two @separate plans for California will defeat efforts to achieve regional consistency. -5. GENERAL COMMENTS. We are aware that the Coast Guard hascommented on several drafts of the BCDC Manage- ment Plan. The above comments with the exception of segmentation and FAA's programs are not new to BCDC. With the exception of the concession to delete specific Coast Guard prope'rties from the coastal zone, no changes or recommendations offered by the Coast Guard have found their way into the plan. Although given an opportunity to comment, the Coast Guard believes that their comments have not been adequately considered. Futhers- this handling.' oil their comments-.is@not reflected in the plan as required by NOAA regulations (15 CFR 923-31). Thank you for the opportunity to provide comments on .this important program. We particularly appreciate the ex- tended time that your office has allowed us to provide you with these comments. LAWRENCE H. DUNN c C TES-70 W/73 V'Mr. Mike Wilmar, BCDC all FCGs SOS C DEPARTMENT OF TRANSPORTATION MAILINCA ADORFS s; e. Commanaer (mep) UNITED STATES COAST GUARD Twelfth USCG District 630 Sansome Street San Francisco, CA 94126 Tel: (415) 556-1330 5740/1 MAY 1976 Mr. Charles Roberts Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, California 94102 Dear 1-1r. Roberts: The following comments on the San Francisco Bay Conservation and'Development Commission (BCDC) Statement of National In- terest in San Francisco Bay received at the April 30, 1976 meeting between BCDC and Federal agencies are forwarded for your consideration. Exclusion of Federal Lands: The revised wording of the Federal lands exclusion from the definition of the coastal zone eliminates much of our prior concern with regard to our own facilities. We note, however, that the exclusion is still an unacceptably narrow interpre- tation of the Act. The Department of Transportation and most Federal agencies, as well as the Attorney General for the State of California (Opinion #SO 73/25 of January 23, 1974), have interpreted the Federal lands exclusion from the coastal zone to mean that any lands used exclusively by the United States, its officers, or agents, in accordance with Federal law, irrespective of ownership or jurisdictional status, are excluded from the coastal zone while so used. Accordingly, .the Federal lands exclusion must apply equally to all Federal agencies, not just the Department of Defense and the Coast Guard as the revised Draft would indicate. Those Federal lands so excluded should be listed in the plan as required by 33 CFR 923.11(b)(4). The revised draft-Is purported exclusion of Coast Guard Facil- ities creates twospecific problems for us: First, the exclusion as it now reads would purport to esta- blish a two part test for assessing whether the exclusion applies. In addition to Federal control, the additional test of use-for specific operational missi,ons is included. This is unacceptable. Second,.Paragraph 4 of the revised draft indicates that a permit (including Y'Lemorandums of Understanding (MOU's)) would be required as a precondition to issuance of any Federal,per- mit. The clear implication is that'a Federal applicant must have a MOU for a permit from another Federal agency. Vie be- lieve this is based on a misconception of what the Federal law requires. It is clear that the Congress excluded Federal facilities from the Act except for the Federal consistency provisions, Sections 307(c)(1) and (2). These sections esta- blish a compromise between the established concepts of Fed- eral supremacy and the need to have a coastal zone planning process which is comprehensive. For ongoing Federal activi- ties affecting the coastal zone, and for new Federal develop- ment in the coastal zone, the requirement is for consistency to the maximum extent possible. The provision.dealing with Federal permits, Section 307(c)(3), does not apply to the Federal applicant so as to modify those consistency stan- dards. Were it to apply, Section 307(e)(1), including the L: the Federal-statute does provision that not limit the author- ity of the Congress to authorize and fund projects, would be defeated; because a project authorized and funded by the Congress could in effect be vetoed by a coastal agency simply by the withholding of their certification to prevent issuance of a necessary Federal permit. As a final point with regard to exclusion of Federal facili- ties, we feel that the plan should note the existence of the concept of navigational servitude as embodied in the Consti- tution of the United States so as to.avoid any suggestion that State control might be exercised over matters exclusive- ly within the Federal domain, as, for example, placement of aids to navigation by the Coast Guard in tiae navigable waters of the United States. Procedural Requirements of thell-anagement Plan: The third sentence of Paragraph 1 of the revised draft cor- rectly states the Federal decision-making processes which we are bound to follow. We emphasize again our desire to coop- erate with the Commission in the development of Federal fa- cilities consistont with plan, but also emphasize our posi- tion that the imposition 'of formalized procedural require- ments, such as the MOU process as described in the revised draft, is unacceptable. Further, the suggestion that any Fed- eral agency should routinely appear before the Commission as an applicant for a purportedly voluntary MOU seems to us to be an inappropriate procedure. The revised draft implies that Federal agencies have gener- ally agreed to use the I-IOU process. our informal conversa- tions with other agencies indicates that while, as a matter of expediency the YiOU process has been used with regard to specific projects, no Federal agency has now agreed to use the MQU process for all of its projects. 2 it is not likely that the Coast Guard, or any other Federal agency, would voluntarily enter into the restrictive for- malized processes as described in your draft. The state- ment's procedures would add a completely new and cumbersome overlay to the existing processes. We believe that these will discourage all Federal agencies from entering into a MIOU with a coastal agency. The Federal, decision making process now requires full accounting for an agency's actions inclu- ding, in appropriate instances, public hearings. We feel that a more realistic alternative is mentioned in the third sentence of Paragraph number 1 which indicates that for special or unusual projects, additional coordination with indi- vidual Federal Agencies might be desirable. In such a case, the agency involved may elect to use some form of written agreement when that approach-is mutually beneficial. it is doubtful that any agency would go through the procedures out- lined in Paragraphs 2, 3, and 5 so as to effectively submit themselves to the permitting process of a coastal agency. We recommend that@ the formalized M-OU processes be eliminated from the statement. We also -feel that the draft must be further revised to eliminate any suggestion that any Federal agency has agreed to routine use of the MOU,process for its projects. We feel that elcforts to iimplement the Federal lands exclusion and the consistency provisions have grown beyond realistic perspective in these drafts. As ,,7e have noted, the Coast Guard is the Federal agency charged with the protection of the coastal marine environment.' That, combined with our mandated responsibilities for safety of life and property and law en- forcement along our nation's coasts, makes it extremely unlikely that we would intentionally act inconsistent to the interests of the coastal zone, short of a substantial overiding national interest. The Coast Guard and the Commission have the.same substantive goals; i.e., to preserve the coastal zone consis- tent with the declaration of Congress. We believe that existing Federal procedures will cause the same result for other Federal agencies. We recommend that you again review the Coast Guard positions. We feel that they correctly interpret the Federal statute and will result in the same Federal Pupport for the coastal zone program that you seek to achieve. It seems pointless to jeo- pardize Federal approval of your plan in a disagreement over the issues addressed. Again, it is our intent to fully coop- erate*with the Commission and to work with you in the develop- ment of your plan'. Sincerelyl D. W. ST R, M@'. Captain, U. S. Coast Guard Chief'of Staff, Twelfth Coast Guard District AR 3 OFFICE OF PIPELINE SAFETY OPERATIONS Western Regional Office 831 Mitten Road Burlingame, California 94010 June 8, 1976 Mr. Richard R. Gardner Office of Coastal Zone Mgt. U.S. Dept. of Commerce National Oceanic & Atmospheric Admin. Rockville, Maryland Dear Sir: A copy of the Management Program for San Francisco Bay was recently received by this office with a request for comments. There was no reference noted in the statement concerning pipelines. Therefore informational comments will be made concerning the dujties and functions of this office. The Office of Pipeline Safety Operations (OPSO) carries out DOT pipeline safety functions vested in the Secretary of Transportation under the followign statutes. Natural Gas Pipeline Safety Act of 1968, as amended. Mineral Leasing Act, as amended. Deepwater Port Act of 1974, relating to the establishment, enforcement, and review of regulations concerning the safe' construction, operation, and maintenance of pipelines on Federal lands and the Outer Continental Shelf. Section 5 of the International Bridge Act of 1972. Title I - - Hazardous Materials Transportation Safety Act of 1974. Transportation of Explosives Act. The functions of OPSO include. Developing, approving, and enforcing compliance with safety regulatons for the transportation of gases or hazardous liquids by pipeline. Managing Federal grants to aid States in enforcing intrastate gas pipeline safety programs. Improving the safety of transportation by pipeline. Collecting, compiling, and analyzing pipeline safety and operating data. Conducting training programs for government and industry personnel. 2 OPSO compliance enforcement activities pertain to design, con struction, testing, operation and maintenance gas and liquid pipeline facilities transporting hazardous materials. The regulations for which this office is responsible are: 49 CFR Parts 191 192 - Regulations for the transportation of Natural and Other Gas by Pipeline 49 CFR Part 195 - Transportation of Liquids by Pipeline Plans are to revise the safety regulations to make them more applicable to offshore facilities and will develop and propose updated standards for LNG transportation and storage facilities. State agencies may assume gas pipeline safety regulatory responsi- bility over all or some of the intrastate gas facilities in their State. This resbonsibility has been accepted by most States and the State program is monitored by OPSO. Although the Office of Pipeline Safety does not have a direct input in the management plan pertaining to feasibility and location of pipeline facilities it does have the responsibility during installa- tion and operation of the facilities for protection of tile environment and public safety. Sincerely, Jack C. Overly, Chief Western Region Office of Pipeline Safety Operations cc: Mr. Mike Wilmar San Francisco Conservation and Development Coqmmittee 30 Van Ness Ave. San Francisco, CA 94102 Mr. J. P. Gualandri Special Staff Assistant Office of Sec Rep 1 Embarcadero Center San Francisco, CA UNITED STATES ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION 1Z SAN FRANCISCO OPERATIONS OFFICE 1333 BROADWAY OAKLAND, CALIFORNIA 94612 @J 1276 Mr. Charles R. Roberts Executive Director San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue San Francisco, CA 94102 Subject: DRAFT C01,1MISSION MANAGEMENT PRWRiLM FOR SAN Dear Mr. Roberts: I have reviewed your draft management program dealing with 0 activities of Fed,aral agencies in or affecting the BCDC segment, of the coastal zone, Your proposals for administering the "Federal consistency" pro- visions of the Act and the National Interest Statement do not impact present ERDA activities. Your plan is a reasonable -approach and we have no cormnents to offer. I appreciate the opportunity to review your program and will coordinate with you any future ERDA,activities which may compact the San Francisco Bay Plam, Sincerely, Robert D. Thor-Lie EFM:MKH Manager op 07 UNITED STATES E NgY. .9ESEARCH AND DEVELOPMENT ADMINISTRATION ASHINGTON, D.C. 20545 June 11, 1976 Mr. Richard R. Gardner Office of Coastal Zone Management U. S. Department of Commerce National Oceanic and Atmospheric &PI Administration Rockville, Maryland 20852 TP Dear Mr.. Gardner: We have reviewed the San Francisco Bay Conservation and Development Commission Coastal Management Program. We have no comments other than to observe that it is an excellent plan of proven success. Thank you for-letting us review this material.. Sincerely, Jeff Swinebroad Deputy Associate Director for Research & Development Programs Division of Biomedical and Environmental Research cc: Mike Wilmar, BCDC '4@ Um FEDERAL ENERGY ADMINISTF@t)M 6N ."(T 'WASHINGTON, D.C. 20,101 00 j 13 0 ff 13!@oj THE ASSISTANT ADMINISTRATOR U; J UN 16 Mr. Robert Knecht Assistant Administrator Qtio'n .for Coastal Zone Management National Oceanic and Atmospheric @Administration Page Building 1 .Washington, D.C. 20235 4- Dear Mr. Knecht: We are pleased to respond to your request of May 5, 1976, for comments on the coastal zone management program for the San Francisco Bay Area, California. lie are enclosing for your information a copy of the comrents of April 15,.1976,,furnished by our San Francisco Regional Office to the San Francisco Day Conservation and Development. Commission MCDe). As stated, these comments were provided to seek further clarification and confirmation of the .general policies set forth in the program submitted-for approval. The natural resource characteristics of San Francisco Day and exceptionally important energy questions related to delivery of Alaskan oil and new California OCS operations combined to make it especially important that BCDC continue to exchange views and work closely with Mr. William Arntz,. FEA Regional Administrator San Francisco. We note that Appendix III, which deals with various relevant California laws,does not include the Warren-Alquist State Energy Resources Conservation and Development Act. We request that-this Act.be included and that -the program narrative be amended to clearly reflect relations between authorities of BCDC,and the State Energy Resources Con- servation and Development Commission. We would like an opportunity to-review this material when it is developed. 2 Overall, we recognize that the Bay Area program reflects a management program which has functioned effectively for several years We anticipate no difficulty in being able to concur in approval of this program once requested elements of clarification have been provided. Sincerely,. William G. Assistant Administrator Energy Resource Development Enclosure NEVADA FEDERAL ENERGY ADMINISTRATION REGION IX III PINE STREET 015@, SAN FRANCISCO, CALIFORNIA 94111 HAWAII ARIZONA APR 15 1976 17 TO Charles R. Roberts, Executive Director San Francisco Bay Conservation and Development Commission FROM : /@[email protected]_*ntz, Regtoilal Administrator SUBJ : Draft Commission Management Program for San Francisco Bay This is in response to, your memo of April 6, 1976, requesting our comments on the draft BCDC Con-,mission Management Program for the San Francisco t4 Bay. The interest of the Federal Energy Administra ion -in this plan primarily centers upon the provision for facilities to provide energy for the Bay AreaRegion and the Na t4 on. The Management plan purports to Uo provide fo- Permissible uses in the national -interest" as viell as L, outline what constitutes a national interest in the San Francisco Bay. In light of' the projected shipment of Alaskan crude 'oil and gas to California and the potential use of California terminals to transship oil and gas to other areas of the country, it is extremely important that this role be further clarilied.. Specifically, it is important for BCDC to define @ust what it means by "providing for the national interest, i.e. whether it intends to permit the development of petroleum and gas facilities for regional consumption only, or whatever it would be willing to provide for facilities to ship oil and gas to other regions of the country especially in light of their potential adverse environmental impact. Specific comments on the Management Program for San Francisco Bay by the t4 San Francisco Bay Conserva ion and Development Commission are as follows: Page 15: Comments The Management Program Plan states "Llses that can be considered in the national interest are all permissable uses under the BCDC Management Program. These include ports; airports; facilities for energy production and transportation, such as power plants, petroleum off-loading facilities, pipelines and utility routes;" Further clarification is required here to determine the volume of petroleum off-loading facilities and pipelines that could be accommodated and specifically whether a BCDC plan would accommodate petroleum facilities to supply other areas of@the country, as well as the Bay area. Save Energy and You Serve Arnerica! Page 21: Commen'ts The program reads "and recognizing its responsibility to the rest of the Nation and its planning for the Bay, California, through the Commission has m-ade every effort to consider the national interest in the siting of-facilities." It would be useful to expand this section to describe just what efforts have been made to consider the national interest in the siting of petroleum and gas facilities in the Bay Area, especially those which would supply other areas of the country in addition to the Bay. We ask for this clarification only in the interest of avoiding future conflict or confusion. Statements in many Coastal Zone Management Plans describe generally their interest in providing energy facilities in the national'interest, but when it comes down to to permitting these types .of facilities it has been our experience.that these agencies apply a narrow parochial perspective and permit energy facilities only to supply regional consumption. The "willingness to accommodate the national interest" expressions in Coastal Management Plans are more often than not included to insure their receipt of Coastal Zone Management funds. We would therefore be most interested to-know specifically what is meant by accommodating the national interest in the siting of energy facilities in the BCDC plan. Thank you very much for your consideration. FEDERAL POWER COMMISSION REGIONAL OFFICE -555 BATTERY STREET, ROOM 415 94111 SAN FRANCISCO, CALIF. May 19, 1976 Mr. Joseph E. Bodovitz Executive Director California Coastal Zone Conservation Commission 1540 Market Street San Francisco, California 94102 Dear Mr. Bodovitz: This is a response to your letter oil April 30, 1976 which trans- mitted a draft of the report "National Intcrest in zhe Coast" for our review. We also have received your transr.-iittal of May 14, 1,976. In the interest of 'accuracy the portion of Section 4 of the report which relates to Federal Power Commission licensing and permit authorities (page 6) should be revised as follows: Federal Power Commission ",;(a) Licenses for construction and operation of hydroelectric generating.projects including primary transmission lines. (b) Certifications,for interstate gas pipelines. (c) Permits for construction and operation of facilities needed to import or export natural gas and electric, energy.. These and other FPC activities and their statutory bases are de- scribed in greater deiail in the enclosure. Inasmuch as.the Commission is an independent agency of the U. S. Government, operating within procedures established under Federal statutes, as published in 1.8 CFR I to 360 as Rules and Regulations of the Federal Power Commission, the procedures you are proposing in Section 4 of your report may present some conflicting problems. How- ever, the FPC will comply with policy of the U. S. Congress as enunciated in Section 303 of the Coastal Zone Management Act of 3.972 and will co- operate and coordinate its "activities" in the coastal zones to the 11maximum extent practicable." Mr. Joseph E. Bodovitz 2 may 19, 1976 In this connection you may be interested to know that 1-8 CFR 2.81 and 2.82 and Part 9 of Appendices A and B thereto, require applicants for license.or certificate, or for amendments thereto, to take steps necessary to comply with Federal, regional, State, and local laws and regulations for any permits needed to complete their proposals. The Connission has also established procedures for public hearings in which the Coastal Zone Commissions may i.4ish to participate as intervenors supporting or opposing proposed projects (18 CFR 1.8). We appreciate the opportunity to co=ent on your proposed report. When it is received at the Washin-ton level I am sure our staff there, and possibly the Commission, will have further co=..ents. Very truly yours, M. Frank Thomas Regional Engineer Enclosure BASIC STATUTORY RESPONSIBILITIES OF THE FEDERAL POWER COMMISSION AS THEY MAY AFFECT COASTAL ZONZ MANAGEMENT PROGRAMS AND PLANNING Pursuant to the Federal Power Act (FPA, 16 USC 791-8,15) and the Natural Gas Act (11GA, 15 USC 717) the Federal Power Coimission has statutory responsibilities for certain water and related land and for land development programs in the United States which could impact on coastal zone planning and management programs under tl%e requirements of the Coastal Zone Maaagement. Act of 1972. These statutory responsibilities include the following: 1. To issue licenses to non-Federal entities for the construc- tion, operation, and maintenance of dams, powerhou3es, transmission lines or other project works necessary or convenient for the development and improvement of navigation and for the development, 11-ransmission and ut-ilization of power, where lands and waters of the U. S. are affected or the power is in interstate co=erce, or for the purpose of utilizing 8urplU3 water from any government dam (Section 4(e), FPA). 2. To reserve from entry, location, or other disposal any lands of the 'United States' included in any proposed non- Federal project from the date of filing of the application until otherwise directed by the Coninission or by Congress (Section 24, FPA).. 3. "For the purpose of assuring an abundant supply of electric energy throughout the U. S. with the greatest possible economy and with regard to the proper utilization and con- servation of natural resources," to provide for the voluntary interconnection and coordination of facilities by regions within t@e U. S. (Section 202(a) FPA). 4. To revulate the unregulated transmission by non- Federal entities and the wholesaling of electric energy in inter- state commerce (Sections 19, 20, 201, FPA). 5. To issue permits for the construction, operation, and maintenance, or connection, at the,borders of the United States, of facilities for the transmission of electric energy between the United States and a foreign country, or the exportation or importation of natural gas (including LNG), to or from a foreign country (Executive Oraer 10485, Section 202(e) FPA, Section 3, NCA). APPENDIX II Public Hearings PUBLIC HEARINGS EDMUND G. BROWN JR., Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION van Ness Avenue San Francisco, California 94102 Phone: 557-3686 April 19, 1976 TO: All Participating Federal Agencies FROM: Charles R. Roberts, Executive Director SUBJECT SUMMERY OF HEARING ON BCDC MANAGEMENT PROGRAM FOR SAN FRANCISCO BAY The public hearing on the Commission's draft management program for San Francisco Bay was held oft April 15, l976. The following is a list of the speakers at the hearingand a summary of their remarks: Mr. Tom Hofweber, representing 1P. A. C. E. said he had received the draft only a short time before the hearing and had not had enough time to respond completely. He also questioned the adequacy of the 100-foot shoreline band as an inland boundary of the BCDC segment of the. coastal zone. In response, Chairman Houghteling said that distribution was delayed by a malfunction in the Commission's reproduction equipment, and. comments could be submitted in writing up to May 5, 1976. He also point- ed out that the program called for a reevaluation of the Commission's boundary in the 18-month period following final action by the California Legislature on the future of the Coastal Commission. Mrs. Clark Kerr, representing the Save San Francisco Bay Association, said she thought the program should indicate that-, in addition to other effects on the Bay, filling also reduces the capacity of the tidal basin and affects currents. She also pointed out that it may be impossible to design some facilities to reduce the hazards of construction on Bay fill to acceptable levels. Mrs. Kerr also asked if some reference could riot be made to the amendment procedures specified in the McAteer-Petris Act. In response, Michael Wilmar, Deputy Director, said the staff believed that these suggestions could all Ibe incorporated in the final draft of the management program. APPENDIX III McAteer-Petris Act Suisun Marsh Preservation Act and Map Proposition 20 (California Coastal Zone Conservation Act of 1972) California Coastal Legislation California Environmental Quality Act The Porter-Cologne Water Quality Control Act Warren-Alquist State Energy Resources Conservation and Development Act McATEER-PATRIS ACT SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 Van Ness Avenue, San Francisco 0,4102 557 3686 Mav, 1-974 TBE McATEER-PETRIS ACT (As amended through the 1973 Legislative Session) The McAteer-Petris Act, which created the San Francisco Bay Conservation and Development Commission, was enacted in 1965 and amended slighty in 1968. Extensive further.amendments were made by Chapter 713 of the 1969 Regular Session (AB 2057), effective November 103, !969. Subsequent amendments were made* as follows: Acts of the 1970 Regular Session of the Legislature (effective November 23, 1970): Chapter 998 (AB 1200) -- Changed the date in Section 66611. Chapter lltg (AB 1771) --'Adde4 a second paragraph.to Section 66622. Chapter 1279 (AB 1971) __ Added subdivision (e)/to Section 6661o. Acts of the 1971 Regular Session of the Legislature (effective March 4, 1972): Chapter 1339 (SB 1533) Changed Section 66620 (b), replacing HEW with EPA, and added to second paragr6ph of Section 66632 (a) authorization to charge permit filing and process- ing fees of government agencies. 'Chapter 1639 (AB 1860) Added third paragraph.to Section 66632 (a), making violation of Act a misdemeanor. -Acts, of the 1972 Regular Session of the Legislature (effective March 7, 1973): Chapter 373 (SB 34) Amended Sections 66611 and 66652 to authorize changes.of adopted boundaries of water-oriented priority uses within the 100-foot shoreline band, under specified conditions. Chapter 607 (SB 793) Amended,Section 66610 to place portions of Corte Madera Creek within BCDC jurisdic- tion. Chapter 651 (SB 181) Amended Section 66622 with regard.to alternates to county representatives on BCDC. Acts of the 1973 Regular Session of the Legislature (effective January L, 1974): Chapter 766 (SB 1316) Added Sections 66637 through 66641 to provide for issuance of cease and desist orders by the Com- mission*and its executive director under specified circumstances, and to provide penalties for viola- tion. Chapter 835 (AB 1864) Added Section 66656.1 to provide for proce- dures for'filing and determining claims of exemption from BCDC jurisdiction. The composite text of the McAteer-Petris Act as of May 7, 1974, is as follows: CALIFORNTA GOVERNMENT CODE TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPUENT COTIEMSSION CITA TEn 1. FIND m-GS AND DECLARATIONS OF POLICY 66600. The.Legislature hereby finds and declares that the -in it. public interest in the San Francisco Bay is 9 beneficial use for a variety of purposes; that the public has an interest in the bay as t@e most valuable single natural resource of an entire region, a resource that -gives special character to the bay area; that the bay is a sinele body of water, that can be used. for many .purposes, from conservation to planned develop- ment; and that the 'bay operates as a delicate physical mecha- nism in which chan-es that affect one part of the bay may also affect all other parts. It is therefore declared to be in.the public interest to create a politically-responsible, democratic process by which the San Francisco Bay and its shoreline can be analyzed, planned, and regulated as a unit. 66601. The Legislature further finds and declares that un. coordinated, haphazard falling in San Francisco Bay threatens the bay itself and is therefore inimical to the welfare of both present and future residents of the area surrounding the bay; that while some individual fill projects may be necessary and desirable, for the needs of the entire bay region, and while some cities and counties may have prepared detailed master plans for their own bay lands, a -overnmental mechanism must exist for evaluating individual projects as to their effect on the entire bay; and that !urther piecemeal filling of the bay may place serious restrictions on navigation in the bay, may destroy the irreplaceable feedinm and breeding grounds of fish and wildlife in the bay, may adversely affect the quality of bay waters and even the quality of air in the bay area, and would therefore be harmful to the needs of the present and future population of the bay region. 66602. The Legislature further finds and decla'res that cer- tain water-oriented land uses along the bay shoreline are essential to the public welfare of the bay area, and that such uses include ports, water-related industries, airports, wildlife refu,ges, water-oriented recreation and public assembly, de. salinization plants.and powerplants requiring large amounts of water for cooling purposes; that the San Francisco Bay Plan should make provision for adequate and suitable locations folr-all such uses thereby minimizing the necessity for future. bay fill to create new sites for such uses; that exisfin- pu6iie as@ess to the shoreline and waters of the San Franci7sco Bay is inadequate and that maximum feasible public access, con- sistent with_a proposed project.. should be provided. @66602.1. The Legislature 4urther finds and declares that arers diked off from the bav and used as saltponds and man- aged wetlands are importa,@t to the bay area in that, among other things, such areas provide a wildlife habitat and a larae water surface which, together with the surface of the bay, .moderate the climate of the bay area and alleviate air pollu- tion; that it is in the public interest to encourage continued maintenance and operation of the salt ponds and manatTed wet- lands; that, if development is proposed for these arcas7dedica- tion or public purchase of some of these. lands should'be en- eovral-ed in order to preserve water areas; that. if any such areas are authorized to be developed and used for other pur- poses. the development should provide the maximum public accoss to the bay consistent Nvith the proposed project and should retain the maximum aniount of water surface area coin- sistent with the proposed project. -2- 66603. The Legislature further finds and declares that the San Francisco Bay Conservation and Development Commis- reating Ihe@ entire bay, as"a unit, has made a detailed .sion, t study of all the characteristics of the bay, including: the qual- ity, quantityj and movement of baywaters, the ecological bal- ance of the bay, the economic interests in the bay, including t lie needs of the bay,area population for industry and for . employment, the requirements of industries that would not pollute 'the bay nor interfere with Jts use for recreation or other,purposes, but would need sites neax deepwater chan- nels; that the@ study has examined all present. and proposed uses of the bay and its shoreline. and the master plans of cities, and counties around the bay; and that on the basis of the study the commission has prepared a comprehensive and enforceable plan for the conservation of the water of the bay and the devel- opment of its, shoreline,, eiititle& the San Francisco Bay.Plan. 66604 The Legislature further finds and declares that in order, to protect the present shoreline and body of the San Francisco Bay to the maximum extent possible, it is essential that the commission be empowered to issue or deny permits, after public hearings,, for any proposed project that involves placu*ia fill eitracting materials or making any substantial change in use of any Water, land or structure within the area of commission's jurisdict.io.n. 68605. The Leo-islatu're further finds and declares: (a) That further filling of San Francisco Bay should be, authorized only when public benefits from fill clearly exceed public detriment from the loss of the water areas and should be limited to water-oriented uses (such as ports, water-related industry,, airports, bridges, wildlife refuges, water-orieuted recreation and public assembly, water intake and discharge lines for desalinization plants and power generating plants requiring large amounts of water for cooling purposes) or- minor fill for improving shoreline appearance or public access to the bay; (b) That fill in the bay.for any purpose, sho@ld be au- thorized only.when no alternative upland location is avail- able.for such purpose; (e) That the, water area authorized to be fffled should -be the: minimum necessary to achieve the pur ose of the fill I p (d) That the nature, location and extent of any fill should be such that it will minimize harmful effects to the bay area, such as, the reduction or impairment- of the volume surface area or circulation of water, water quality, fertility of marshes or fish or wildlife resources; (e) That public health, safety and welfare require that fill be constructed in accordance with sound safety standards which. will.afford reasonable protection to persons and prop- erty, against the hazards of . unstable geologic or soil conditions or. of flood or storm waters (f) That f.11 should be authorized when the filling would, to the maximum extent feasible, establish a permanent shore- line; (g) That. fill should be authorized when the applicant has such valid title to the- properties in question that he may fill them in the inanner and for the uses to be approved. 66605.1. The Legislature finds that in order to make San Francisco Bay more accessible for the use and enjoyment of people, the bay shoreline should,be improved, developed and preserved. Th@ Lo,,islature further recognizes that private in- vestment in shoreline development ihould be vigorously en- couraged Mid inav be one of the principal means of achieving bay shorelitie development, minimizing the resort to taxpayer funds: therefore, the Legislature declares that the commission should encourage both public and private development of the bay 'shoreline. -3- 66606'. The Leerislature hereby f nds and declares that this titlo,- is not i ntendez'd, and shall not be construed, as authorizing the commission to exercise its power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the ri-hts of any owiter of property under tile Constitution of the State of California or the United States. 66606.5. The Leaislature finds and declares that the San Francisco Bey Plan indicates 'that extensive areas in and around tht, bay are owned or held under claim of ownership by private persons and that the acquisition for public use of all or larrp portions of such areas or the establishment of wild- life ref ups therein may require a substantial public in- M vestment. The Le-islatur further finds and declares that the e commission should make a continuing review and prepare -and submit periodic reports on the nature, extent, estimated cost and method of financing of any proposed acquisitions of pri- Yate @property f or public use. 666N.6. Nothing in this title shall deny the right of pri- vate prODerty owners and local governments to establish agri- cultural preserves and enter into contracts pursilant to the provisions of the California Land Conservation Act of 1965. The commission '. within six months after the effective date of this section, shall institute an affirmative action program to encoura.-e local (Yovernments to enter into contracts under the California Land Conservation Act of 1965 with owners of property to which the provisions of that act may be applicable. 66607. If any provision of this title or the application thereof in any circumstance or to any person or public agency is held invalfd. the remainder of this title or the application thereof in other circumstances or to other persons or public agencies shall not be affected thereby. CHAP= 2. D=ivoN or SAN Fz&xcisco BA-r 66610.., For the purposes of this title, the area of jurisdiction of the San Francisco Bay Conservation and Development Commission includes: dal action (a) San Francisco Bay, being all areas that are subject to ti from the south end of the bay to the Golden Gate (Point Bonita-Point Lobos) and to the Sacramento River line (a line between Stake Point and Simmons Point, extended northeasterly to the mouth of Marshall Cut), including all sloughs, and specifically, the marshlands lying between mean high tide and five feet above mean sea level; tidelands (land lying between mean high tide and mean low tide); and submerged lands (land lying below mean low tide). (b) A shoreline band consisting of all territory located between the ihoreline of San Francisco Bav as defined in subdivision (a) of this section and a line 100 feet landward of and parallel with that line, but excluding any portions of such. territory which are included in subdivisions (a), (c) and (d) of'this section; provided that the commission may, by resolution exclude from its area of jurisdiction any area within the shoreline band that it finds and declares is of no regional importance to the bay. .(c) Saltponds consisting of all areas which have been di .ked off'from the bay and have been used during the three years immediately preceding the effective *date of the amendment of this section during the 1969 Regular Session of the Legislature for the solar evaporation of bay water in the course of salt production. -4- (d) Managed' wetlands consisting of all areas which have been diked off from the-bay and have been maintained during the three years immediately precedinj the effective date of the amendment of this section during the 1969 Regular Session of the Legislature as a duck hunting preserve, game refuge or for agriculture. (e) Certain waterways (in addition to areas included within subdivision (a)), consisting of all areas that are subject to tidal action,. including submerged lands, tidelands, and marshlands up to five feet above mean sea level, on, or tributary to, the listed portions of the following waterways: (1) Plummer Creek in Alameda County, to the eastern limit of the saltponds. (2) Coyote Creek - (and branches) in Alameda and. Santa Clara Counties, to the easternmost pointof Newby Island. (3) Redwood Creek in San Mateo County, to its confluence with Smith Slough. (4) Tolay Creek in Sonoma County, to the northerly line'of Sears Point Road (State Highway 37). (5) Petaluma River in Marin and Sonoma Counties to its confluence with Adobe Creek, and San Antonio Creek to the easterly line of the Northwestern Pacific Railroad right-of-way. (6) Napa River, to the northernmost point. of Bull Island. (7) Sonoma Creek,. to its confluence with Second Napa Slough. (8) Corte Madera Creek in Marin County to the downstream end of the -concrete channel on Corte Madera Creek which is located at the United States Army Corps of Engineers Station No. 318 + 50 on the Corte.Madera Creek Flood Control Project. The definition which is made by this section is merely for the purpose of prescribing the area of jurisdiction. of the commission which is created by this title. This definition shaU not be construed to affect title to any land or to prescribe the boundaries of the San Francisco Bay for any purpose-except the authority of the commission created by this title. 66611. No later than December 1, 1971, the commission, after public hearing, of which adequate descriptive, notice is given, shall adopt and file with the Governor and the Legisbture a resolution fix:ing and establishing within the shoreline band the boundaries of the water-oriented priority land uses, as referred to in Section 66602. After such filing the commission may change such boundaries in the manner provided. by Section 66652 for San Francisco Bay Plan maps. Such change will become effective only if authorized by an affirmative vote of two-thirds of the commission's members and, where the change involves a reduction or elimination of a priority use area which has been so designated because of contemplated acquisition necessary to implement the priority use, upon a finding that there: is no substantial probability that a public agency will be committed to acquiring the Area within the period prescribed by Section 66SM3 assuming the area were to be listed in the next report authorized by Section 66630. 1. No other changes shall be made in such boundaries,, except with the approval of the Legislature. CHAPTER 8. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 66620. The San Francisco Day. Conservation and Develop- ment Commmission is, hereby created. The commission shall con- sist of 27 members appointed as follows: (a) One member by the Division Engineer, United States. Army Engineers. South Pacific Division. from his staff. (b) One member by the Administrator of the United States Environmental Protection Agency, from his staff. (c), One member by the Secretary of Business and, Trans portation, from his staff. (d) One member by the Director of Finance, from his staff. (e) One member by the Secretary of Resources, from his staff. (f) One member by the State Lends Commission, from its staff. (g) One member. by the San Francisco Bay Regional Water Quality Control Board, who shall be a member of such board. (h) Nine county representatives consisting of one member of the board of supervisors representative of each of the nine San Francisco Bay area counties, appointed by the board of supervisors in each countty. Each county representative must be a supervisor representing a supervisorial district which in- cludes within its boundaries lands lying within San Francisco Bay. (i) Four city representatives appointed by the Association of Bay Area Governments from among residents of the bayside cities in each of the following areas: (1) North Bay - County, Sonoma, Napa, and So- lano; (2) East Bay-Contra Costa County (west of Pittsburg) and Alameda County north of the southern boundary of Hayward; (3) South Bay-Alameda County south of the southern boundary of Hayward. Santa Clara County and San Mateo County south of the northern boundary of Redwood City; (4) West Bay-Dsm Mateo County north of the northern boundary of Redwood City, and the City and County of San Francisco. Each city representative must be an elected city official. (j) Seven representatives of the public, who shall be resi- dents of the Sail Francisco Boy area and whose appointments shall be subject to confirmation by the Senate. Five of such representatives shall be appointed by the Governor. One by the Committee on Rules of the Senate and one by the Speaker of the Assembly. 66621. One member of the Senate, appointed by the Sen- ppoin e ate Rules Committee. and one member of the Assembly, ap- pointed by the Speaker of the Assembly, shall meet with, and participate in tile activities of, the commission to the extent that such participation is not incompatible with their respec- tive positions ass. Members of the Legislature. For the purposes of this title, such Members of the Legislature shall constitute a joint interim investigating committee on the subject of this title, and as such shall have the powers and duties imposed upon such committees by the Joint Rules. of the Senate and Assembly, 66622. The members of the commission shall serve at the pleasure- of their respective appointing powers. The members shall serve without compensation, but each of the members shall be reimbursed for his necessary 'expenses incurred in the performance of his duties. A member, subject to confirmation by his appointing power, may authorize an alternate for attendance at meetings and voting in his absence. Each alternate shall be designated in-a. written instrument which shall include evidence of the confirmation by the appointing power and his name shall be kept on file with the commission. Each member may change his alternate from time to 'time, with the confirmation of his appointing power, but shall have only one alternate at a time. Each alternate shall, have the same qualifications as are required for the member who appointed him, except that each county representative may designate as his alternate- a public official whom his appointing power deems qualified to.represent the county. 66623. The Governor shall select, from among public rep- reprentatives on the commission appointed pursuant to subdi- [Subdivision q(k) has been'rez vision (k) of Section 666920, a chairman and a vice chairman. designated Subdivision (j)] 66624. Thqe time and place of the first meeting of the com- mission shall be prescribed by the Governor, but, in no event, shaall it be scheduled for a date later, than 10 days after the. effective date of this title. 66625. The headquarters of the commission shall be in the. City and County of San Francisco. CHAPTER 4. POWERS AND DUTIES OF THE COMMISSION 66630. The commission. shall make a continuinG review of all the matters referred to. in Section. 66603, 66606'5 and See- tion 66651. -7- 66630.1. The 'ontinuin- review, among other thin- e gs, shall include studies. concerning properties *ithin the area of the commission's jurisdiction which, in the opinion of the com- mission. mimlit be acquired by public agencies for public use. Based on such studies the commission shall annually prepare a report setting forth the general location of such properties, the interest or interests proposed to be acquired therein, the public uses recommended. therefor. the public arf neles recommended to make the proposed acquisitions. the estimated cost of the proposed acquisitions and recommendations for financing such cost. Each annual report shall cover proposed acquisitions dur- ing, a three- ,year period commencing January 1 after the date of the. report and shall indicate any material changes made with respect to the report for the previous year. -'Not later than the fLfth legislative day of each regular session of the Legis- lature, commencing- with the 1971 Reaular Session, the commis- sion shall file such report with the Governor and Legislature. 66631. -In making the re-view, the commission shall cooperate to the fullest extent possible with the Association of Bay Area Governments; and shall, to the fullest extent pos- sible, coordinate its planning with planning by local agencies, which shall retain the responsibility for local land us-e'plan- ning. In order to avoid duplication of work, the commission shall make maximum use of data and inform ation available from the planning programs of the State Office of Plannina, the Association of Day Area Governments, the cities and coun- ties in the San Francisco Bay area, and other public and pri- vate planning agencies- 7-- 66632. (a) During the existence of the San Francisco Bay 7 Conservation and Development Commission, any person or governmental agency wishing to place fill, to extract materials, 7 orto make any substantial change in use of any-water, land 'thin t or structure, Nn. -he area of the commission's jurisdiction shall secure a permit from the commission and, if required by law or b@k ordinance, from any city or county within which any part of such work is to be performed. For purposes of this title, "fill" means earth or any other substance or mate- rial, including pilings or structures placed on pilings, and structures floating at some or all times and moored for ex- tended periods. such as houseboats and floating docks. For the purposes of this section "materials" means items exceeding twenty dollars ($20) in value. The commission may require a reasonatle Jiling- fee -a" n-d re-A imbursement of expenses for processing and investigating, a permit application from' all applicants before the commission includhim , vernment agencies, notwithstanding the provisions C. C@ 0 -of -Section 6.103 'of this code. Any person who places fill', extracts materials or makes any substantial chan,ge in the use of any water, land, or strueture within the area of the commission's jurisdiction without secur- in- a permit frolli the commission as tequired by this title is guilty of. a mis.delliezinor. -8- (b) Whenever a permit is required by a city or county for any activity also requiring a permmit from the San Fran- cisco Bay Conservation. and Development Commission, an ap- plicant for a permit shall file an application with the city council of the city if the proposed project is located in in- corporated territory, or the board of supervisors of the county, if the proposed. project is located in unincorporated territory. Upon filing such an application, the applicant shall notify the commission of the fact the filing and the date thereof. The city council or the board of supervisors, as the case. may be, shall investigate the proposed project and shall file a report thereon with the commission within, 90 days after the applica- tion is filed with it. Whenever a permit is not required, by a city or county, no application for a permit need be made to the city or County. (c) :Upon receipt of the report from the city council or the board. of supervisors, as the case may be. or, if the city coun- cil. or the board of supervisors does not file a report with the commission within the 90-day period, upon the expiration of such 90-day period. and upon receipt of an application for a permit made directly, to it, the commission shall hold a public hearing or hearings as to the proposed project and conduct such further investigation as it deems necessary. The cornmis- sion shall give full consideration to the report of the city coun- cil or board of supervisors. (d) The commission shall prescribe the form and contents of applications for permits. Among other things, an applica- tion for a permit shall set forth all public improvements and public utility facilities which are necessary or incidental to the proposed project and the names and mailing addresses of all public agencies or public, utilities who will have owner- ship or control of such public improvements or public utility facilities if the permit is granted and the project is con- structed. The executive director shall give written notice of the filing of the application to all such public agencies and public utilities. If the commission. grants a permit for a proj- ect, the.permit shall include all public improvements and pub- lie utility facilities -which are necessary or incidental to the project. (e) Upon receipt of an application for a permit the commis- sion shall transmit a copy thereof to the San Francisco Bay Regional 'Water Quality Control Board. Within 60 days the board, shall file a report. with the commission indicating the effect of the proposed project on water quality within the bay. (f) The commission shall take action upon an application for a permit, either denying or granting the permit, -within 90 days after it receives the report (or, if the city council or the board of supervisors did not file a report with the commission within the, 90-day period, within 90 days after the expiration of such 90-day period), or within 90 days. after it receives an application from the applicant. whichever date is later. The permit shall be automatically granted if the commission shall fail to take specific action either denying or granting the per- mit within the time period specified in this section. A permit shall be -ranted for a project if the commission finds and de- clares that the project is either (1) necessary to the health, safety or welfare of the public in the entire bay area or (2) of such a nature that it will be consistent with the provisions of this title and with the provisions of the San Francisco Bay Plan then in effect. To effectuate such purposes, the commission may grant a permit subject to rasonable terms and conditions including the uses of land or structures, intensity of uses, con- struction methods and methods for dredging or placing of fill. Thirteen affirmative votes of members of the commission are required to grant a permit. Neither of the federal representa- tives who are members of the commission may vote on whether Pursuant to this title, the commission may provide by'reg Illation, adopted after public hearinIg. fcr the issuance of per- mits by the executive director, without compliance with the above procedure, in eases of emergency, or for minor repairs -to existing installations or minor improvements made any- 'where within the area of jurisdiction of the commission in- eluding, without Hinitation. the installation of piers and pilings and maintenance dredzin- of navigation channels. The com- mission may also adopt after public hearing such additional reaulations as it deems reasonable aad necessarv to enable it to carry- out its functions efficiently- and equitably, including regulations classifying the particular water-oriented uses re- i ferred to: in Sections 66602 and 66605. (g) If the commission denies the permit, the applicant may submit another application forthe permit directly to the com- mission. after 90 days from the date of.s ch denial.._ __(h) Aiiy proj@e .t authorized pursuant to this section shaU be commenced, performed and completed in compliance with the provisions of all pqrmits granted or issued by/ the commi sion and by any 6ity or county. (i) If, prior to September 17, 1965, any person or govern- mental agency has already obtained a permit from the"appro- priate local body to place d1l in the bay or to extract sub- merged materials from the bay, application may be made direetkv to the San Francisco Bay Conservation and'Develop- Commission and the permit from the local body shall constitute the report of the local body. (j) Any action, or proceedin,(r to contest or question the co-inission's denial of a permit application, or conditions at- tached to approval of a permit application. must be commenced in the appropriate court within 90 days following the date of such action by the commission. (k) The executive director shall, within 90 days following the effective date of this section. communicate the' proivisions of this section to all governmental bodies that issue permits for developments described in this section, and shall request of them information concerning any development that may fall within the provisions. of t" section. 66632.1.. Notliing in this title shall apply to any project where necessary local governmental approval and a Depart, [compare with meat of the Army Corps of Engineers permit have been ob- Sec. 66656, which tained to allow conimencement of the diking or filling process, appears to and,where such dik@g or filling process ha's comineti'ced prior to the effective date of this title, nor to the continuatioa of overlap] dredging under existing Department of the Army Corps of ..,Engineers permits. _10- 6663,2.2.- (a) The owner or operator of any public service- facilities need not obtain a perinit from the commission for the constr=tion within or upon any public highway or street of any pt'iblic service facilities to provide service to persons or property, located ' within the. area of the commission's Juris- diction. The public service facilities referred to in this sub- division shall be limited to those -which are necessary for and are customarily used to provide direct and immediate service to the persons or property requiring such service. (b) The owner or operator of public service facilities or a public street or road located anywhere within the area of the commission's jurisdiction may. without first obtaining a per7. m1t f rom t1i -e commission,. make emergency repairs to such facilities as may be necessary to maintain service,, provided, that the emergency is such as to require repairs before an emergency permit can be obtained under the provisions of subdivision (f) of Section 66632 and, provided furtlier,.that notification is oiveii to. the commission no later than the first w6rking day following such undertaking. (c) ".Public service facilities,." as used in this section, means any- facilities used or. intended to be used to provide water, Oas. electric or communications service and any pipelines, and appurtenant facilities, for the. collection or transmission of sewage, flood or storm waters, petroleum, gas or any liquid M or other substance. 66632 3-, If the most recent report made and filed pursuant to, Section 66630.1 recommends that 'desiznated property be acquired for public use and all such property has not been so acquired within a period of three years, commencing with January 1 after the date of the. report first recommending such acquisition, at any time after the expiration of said period the owners of all or any part of the property not pre- Viously acquired may file an application. with the commission for the development of such property. Upon the filing of any sue -rant or deny a permit h application. the -commission shail o. in accordance with the provisions of this title and the San Francisco Bay, Plan, then in effect, provided that a permit shall not be denied on the -@rounds that such property has been recommended to be acquired for public use. 666.32A.- 'Within any portion or portions of the shoreline band which shall be located outside the boundaries of water- oriented priority land uses. as Exed and established pursuant to Section 6661i, the commission may deny an. application for a. permit for a proposed project only on the grounds that the @roject fails, to provide waximum. ieasible. public access, con- sistentwith the proposed project, to the. bav and its.shoreline. The commission may: (a.) Accept grants, contributions, and appropriations from a public agency, private foundation, or individual. ny (b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups. (c) Contract for or employ any professional services re. quired by the commission or for the performance of work and services which in its opinion cannot satisfactorily be per- formed by its officers and employees or by other federal, state, or local governmental agencies. (d) Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including, prohibitory and mandatory injunctions to restrain violatio " as of this title. (0- Do any and all other things necessary to carry out the purposes of this title. _-66634. The commission shall, in addition to any funds which the Le-islature may appropriate for planning activities T . Zn of the commission, take whatever steps are necessary to at- tempt to obtain money available of such planning activities. from any fe@deral,state, or local sources. 66635.. The commission shall appoint an executive director who shall have charge of administerin.c, the affairs of the com- mission, subject to the direction and policies of the comm is- sion. The executive director shall, subject to approval of the commission, appoint such employees as may be necessary in order to carry, out the f unctions of the commis ion. 66636. Within a reasonable time, but not to exceed one year from -the date of the first meeting of the commission, the chairman of the commission, in collaboration with and with the concurrence of the commission, shall appoint a citizens' advisory committee to assist and advise the commission in carrying out its functions. The advisory committee shall con- sist of not more than 20 members. ' I At least one member of the advisory committee shaU be a -representative of a public agency having jurisdiction ove 'r har- another shall represent a public agency bor facilities, and having jurisdiction over airport facilities. The advisory com- mittee shall also include representatives of conservation and recreation organizations, and at least one biologist, one soci- ologist, one geologist, one architect, one landscape architect, one representative of an industrial development board or commission, and one owner of privately held landswithin the San Francisco Bay as defined in Section 66610. -12- 66637. When the executive director determines that any person has undertaken, or is threatening- to undertake, any activity that (1) may require a permit from- the commission without secunng a permit; or (2) may be inconsistent with any permit previously issued by the commission, he may issue an order. directing such person. to, cease and desist. (b) Any cease and desist order issued bythe executive director may be subject to'such terms and conditions as the executive director may determine are necessary to ensure compliance' with the provisions or' this title) includino, the immediate removal of any 0 or othe"r material where such removal is necessary to avoid irreparable in-jury to any area vAthin the junisd.ction of the cornmi55ion pending action by the commissionunder Section 66638. (c) Any cease and desist order issued by the executive director shall become null and void 330 days after issuance.. (d) A cease and desist order issued by the executive director shall be effective upon the issuance thereof, and copies shall be served forthwith by certified mail upon the person being charged with the actual or threatened violation of. this title.- 66@38. (a) When the commission, after -public hearing, determines that any person has undertaken, or is threatening to und.-rtake, any activity that (1) requires a permit from the commissionwithout securing a permit, or (2) is ':inconsistent with any permit previously- issu, ed by the commi*ssion, the commission may issue an order I requiring such person to cease and desist. (b) Any cease and desist order issued by the commfs5i6n may be subject to such terms and conditions as the commission may determine are necessary to insure compliance with the. provisions of this title includinc, immediate removal of any fill or other material or the setting of a schedule within which.steps must be taken to obtain a. permit pursuant to this title, (c) Notice of the public hearing on a proposed cease and desist order shalf be aiven to all affected persons and such orders shall be e-ffective . and final as to the commission upon issuance thereof. Copies.shall be served forthwith by certified mail - upon the 'person being charged with the actual or threatened violation of this title and uPon. other affected persons who appeared at the.hearing and requested a copy. -13- 66639. (a) Within 30 days after service-of a copy of a cease and desist order issued by'the executive director under Section 66637 or the commission under Section 66638, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil.'Procedure. Failure to file such an'action shall not preclude a party f@om cha'Aenainc, the reasonableness and validity of an order of the executive director or the commission in any judicial proceedings brough*t to enforce such order or for other civil remedies.. ri 2ny proceeding (b) The evidence before the court L to review an order of the commission described in subdivision (a) shall consist of the record before the commission, and in cases where. it is'claimed that the findings are not supported by the evidence, abuse of discretion is established only if the court determines that the findings are not supported by substantial evidence in the light of the whole record. 66640. (a) Upon the failure of any person to comply with any cease- and d'esist order issued bv the commission,-. the Attorney General, upon request of the commission, shall petition the superior court for the issuance of a preliminary or permanent injunction, or-both, as may be persons from appropriate, restraining such person or e continuing any activity in @iolation of the cease and desist order. (b) The evidence before the court shall consistof the record before the commission, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implemen't the policies of this title. In every.such case, the court shall exercise its independent judgment on the evidence. (c) The court shall iAsue an order directing defendants. to appear before the court at a time and place certain and show cause why the injunction -should not be issued.-The court may grant such prohibitory or mandatory relief as.. may be warranted. (d) The court may stay the operation of the cease and desist order after notice of- the commission and hearing. Any such stay may be imposed o 'r continued only ifit.is not against the public interest. -14- 66641. (a) Any. person who intentionally or negligently violates any cease - end. desist order issued, reissued, or amended by the commission or the executive director may be liable c.-villy in a sum of not to exceed six thousand dollars ($6,OW) for each day in which such violation persists., (b) The Attorney General upon request of the cor=ission, shall pettion the superior court to impose, assess and recover such sums. In determining such amount, the court shall - talke into consideration all] relevant circurn5tances, including but not limited to, the 0 extent of harm caused by the violation, the nature-and Per@sttence of the violation, the length of time over which ...ifieviolation occurs a-rid corrective action Aif any, taken by the person charged. (c) The provisions 'of Section 66640 shall apply to ..proceedings to impose,.assess and recover an-amount pursuant to this articlel. (d) Remedies under this secti.on are in addition to, and do not supersede or limit, any and. all other remedies, civil of criminal. SEC. 6. Section 60-642 is added to the Government Code, to read: e6642. (a) Evety civil action brought under the provisions of this division at the request of the commission shall be brought by the Attorney General in the name of the people of the State of California and any such actions relating to the same violation may be joMied or consolidated. (b) An civil action brought pursuant to. this division y shall be brought in a county in which the alleged violation is@,occurnna or may occur. However any action by or. against'a city, city and county, county, or other public agency shall, upon motion ofeither party, be transferred toa- county or city and count@ not a party to the action or to a county or city and county other than that in which the'dity or public agency is located. -15- CH"TER 5. THE SAx FRA'XCisco BAY PLA@q AND FuPTHER REPORTS 01@ TEM COMMISSION 66650. This, title shall be known and may be cited as the [Formeri-y McAteer-Ntris Act. Sec. 666531 6 *6651.' Pursuant to this title the commission has adopted and submitted to the Governor and the Leo-islature the San 0 Francisco Bay Plan, a comprehensive plan containing state- ments and maps concerning: (a). The objectives of the plan; (b) The-bay, as a resource, including findings and recom- mended policies upon: fish and wildlif e; water pollution; smog and weather; water surface, area and volume; marshes and mudflats; fresh water inflow; dredging; and shell deposits; (c) The development of the bay and shoreline, including fmdings and recommended policies upon: economic and popu- lation growth; safety of fills; water-related industries; ports; airports; recreation; saltponds and other managed wetlands; transportation; other uses of the bay and shorelizie; refuse disposal sites; public access; appearance and design; and seenic views. This plan shall constitute an interim plan for the commis- sion (i) until otherwise ordered by the Legislature, or, (ii) until amended by the commission as provided in Section 666.52. 66652..- The commission at any time may amend, or repeal and adopt a new form of, all or any part of the San Francisco Bay Plan but such changes shall be consistent with the findings and declarations of policy contained in this title. Such changes shall be made by 'resolution of the commission adopted after public hearing on the proposed change, of which adequate descriptive notice shall be given. If the proposed change pertains to a policy or standard contained in the San Francisco Bay Plan, or defines a water-oriented use referred to in Section 66602 or 66605, the resolution adopting the ch 'ange shall not be voted upon less than 90 days following notice of hearing on the proposed change and shall require the affirmative vote of two-thirds of the commission members. If the proposed change, pertains only to a map or diagram contained in the San Francisco Bay Plan, the resolution adopting -the change shall not be voted on less than 30 days following notice of hearing on the proposed change, except that changes proposed under Section 66611 shall not be voted on less than 90 days following such notice, and shall, except as. provided by Section 66611, require the affirmative vote of, the majority of the corrunission members. 66653. ]If a function or activity, is within the area of the commission's jurisdiction and requires the securing of a per- mit, the coTninis-siou shall exercise its power to grant or deny a permit in conformity with the provisions of this title and with any provisions of the plan pertaining to placing of fill, extrac- tion of materials, construction methods and use or change of use of miter areas, land or structures. If a function or activity is outside the area of the commission's jurisdiction or does not require the issuance of a permit, any provisions of the plan eertainin,- thereto are advisory 40 66654. Within the area of the commission's juridiction under subdivisions (b). (c) and (d) of Section 66610O, any uses which are in existence on the effectivee date of ths sec- tion may be continued, provided. that no substantial change shall be made in such uses except in accordance with this title. Any owner of property devoted to an existing use or uses may file an application with the commission. to determine the nature of such existing use or uses, the extent of territory then devoted to such use or uses. and such additional territory adjacent thereto as may be expected to be reasonably neces- sary for the expansion of such use or use, during a period of not to exceed 15 years from the date of filing such application. 'Not later- than 90 days after such filing, the commission after public hearing shall adopt a resolution making such determina- tion. After the adoption of such resolution no permit need be uses specified in the.resolution or for the expansion thereof obtained from the commission for any of the existing use or uses specified in the resoultion or for the expansion thereof within the territory described in said resolution. 66655. If, prior to September 1, 1969, any city or county has adopted an ordinance or issued a permit authorizing a particular use or uses within. the areas defined in subdivisions (b), (e) and (d) of Section 66610. no person who has ob- tained a vested right thereunder shall be required to secure a permit from the commission, providing, that no substantial changes may be made in any such use or uses, except in accord- ance with this title. Any such person shall be deemed to have such vested rights if, prior to September 1, 1969, lie has in good faith and in reliance upon the ordinance or permit com- menced and performed substantial work on the use or uses authorized and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the, enactment of- an ordinance or the issuance of a permit shall not be deemed liabilities for work or material. 66656. "Nothing in this title shall apply to any project where necessary local governmental approval and a Depart- ment of the Army Corps of engineers permit have been ob- tained to allow commencement of the diking or filling process, and where such diking or filling process has commenced prior to September 17, 1965, nor to the continuation of dredging under existing Department. of the Army Corps of Engineers permits and any renewals and extensions of such dredging permits. "Project" shall include the execution or undertaking or assumption of any contractual commitments entered into prior to September 17, 1965; if prior to July 9, 1969, the city or county has adopted a longe range general plan in accordance with its charter, or Sections 65300 to 65306 and specific plans in accordance with Sections 65450 and 65451 and the land uses comply with the general objectives. or guidelines of the San Francisco Bay Plan. -17- 6W6.1. Any person claiming an exemption from the permit requikem61fts of Section 66632 for placement of fiII within the area of the commission's jurisdi 'ction under subdivisions (a), (c), and (d) of Section 66610 after the effective'date of this see'tion, through reliance upon -6 shall, within 90 days after Section 66632.1, 66655 or 6660 the effective date of this section, notify the com. 'mission [April. 1,, 1974] by filing a claim of.exemption with the commission. Failure, of any person to file a claim of exemption within such time shall subject such activity of such person within such area of the commission's junisdiction to the per-ran"it requirements of this act. (b) The commission shall, by 'regii1aition, establish procedures, including public hearings, for determining claims of exemption and may require documentation,. including declarations under penalty of perjury or affidavits, to support any claim of exemption. (c) The commission. shall take reasonable steps to notify persons of this section, but the failure of any person to receive such notice shall not extend the period witbin which a claim of exemption, must be filed under thi.@ section. (d) This section shall not apply either to any person who has received a written determination by or on behalf of the commission prior to'the effective date of this section - that a specific project is exempt from the provisions of this act; or to any person who -is a party to a written agreement with the commission relating to a claim of exemption. 66657. In eminent. domaiif or inverse condemnation pro- ceedings for any property within the area of the- commission's jurisdiction, in determining "just compensation," as used in Section 14 of Artielo I of the California- Constitution, or "value,'.' "damage," or "benefits," as used in Section 1248 of the Code of Civil Procedure, the influence of the San Fran- cisco.-Bay Plan, @in effect at the time of the taking or damaging of the property, upon the value o*f the property or the interest being valued shall be inadmissible as evidence and not a proper basis for an opinion as to the value of the property. 66658. Until the termination of the existence of the com- mi L ssion, it- shall ha@e all powers and duties prescribed by Chapters-A (ciommencin- with'Section 66600),to 4 (commenc-- ing with Section 66630), inclusive, of this title including, with- ,.,out limitation, the power to.continue or make further studies. authori@ed thereby. 66659. The commission shail continue in existence- until such time as the Legislature provides for the termination of the existence of the commission or for the transfer of the com- mission's functions and duties to some other permanent agency. 66660. The commission shall make a supplemental report, or re orts, containing all of the following: I p Z5 (a) The results of any continued or further studies made by the@ commission; (b) Such other in-formation and recommendations as the commission deems desirable. 66660.1. Notwithstanding any provision of this title to the contrary, the jurisdiction of the commission, except for the control of fill or extraction of materials shall. not include the shoreline within a city limit upon which any person or en- tity has eGnimenced and performed substantial work for the purpose of establishing a planned community development on land- already. filled and requiring no additional fill or ext.ra.c- tion,. and for which the planning commission approval of the city council has been obtained prior to July 1 ` 1969. 66661. The commission shall annually file 'a supplemental report with the Governor and the Legislature by the fifth legis- lative day,of each regular session of the Legislature commene. [email protected] -later than the 1971 Regular Session. SUISUN MARSH FRESERVATION ACT AND MAP Ch. 1486. 2- fiedclement (if the Solano County General Plan, whichever is the Senate Bill No. 1981 lower land use classification. E xempts specified development from such restriction. CHAPTER 1486 Requires the Wildlife Conservation Board to acquire, and the De- partment of Fish and Game to administer, fee title or lesser interests iti those lands within or adjacent to the buffer zone that the board An act to add Chapter,9 (commencing with Section 1850) ofDivision 2 of the Mshand Game Code, relating to the Suisun Marsh, making finds equire prompt acquisition because of their critical importance r an appropriation therefor, and declaring the urgency thereof, to to the integrity and continued wildlife use of the 'marsh. take effect immediately. Prohibits the exer .cise of eminent domain for such acquisitions outside the marsh in specified areas. [Approved by Governor September 27, 1974. Filed with Authorizes the. Wildlife Conservation Board to have the State Pub- Secretary of State September 27, 1974.) lie Works Board make such acquisitions tinder the Property Acquisi- I am reducilig the appropriation contained in Section 2 of Se Inate Bill No. 1981 from tion Law until January 1, 1978, and requires any such. acquisitions . to $4,190,000 to .$190,000 by deleting the follqwing subparagraphs. , be made under such law after that date. (c) From the Bagley Conservation runcr, pursuant to the provisions of Appropriates $4,190,000 for the purposes of the act from specified Item 383.5 of the Budget Act of 1975 (Chapter 375 of the Statutes of sources to the Department of Fish and Came, the San Francisco Bay 1974), to the Wildlife Conservation Board ... I .....v ...................................... 210W1000 Conservation and Development Commission, and the Wildlife Con- (d) From. the funds remaining in the Bagley Conservation Fund after the servation Board in accordance with a specified schedule. expenditure of these sums actually required to implement the pro- Provides that, notwithstanding Section 2231 of the Revenue and grams funded by Item 318.2,of the Budget Act of 1972 and by Item 3W Taxation Code,. there shall be no reimbursement pursuant to that of the Budget Act of 1973, as determined by the Director of Financ Ie, section nor Iany appropriation made by the act for a specified reason. to the Wildlife Conservation Board .......................: .................................... 2,000,000 Ile funding provi 'ded in (e) and (d) is unnecessary as I have already approved To take effect immediately, urgency statute. other legislation which provides funding for this project. Appropriation: yes. With thi reduction, approve Senate Bill No. 1981. RONALD REAGAN, Governor The people of the State of California do enact as follows. LEGISLATIVE COUNSEUS DIGEST SEMON 1. Chapter 9 (commencing with Section 1850) is added SB 1981, Nejedly. Suisun Marsh; wildlife protection. to Division 2 of the Fish and Came Code, to read: Enacts the NeJedly-Baglcy-Z'berg Suisun Marsh Preservation Act i I. I . of 1974, requlTiin@g, among other things, the preparation by the De- CHAPTER 9. SUISUN MARSH PRESERVATION partment of Fish and Game of the fish and wildlife element of the .Suisun Marsh Protection Plan for submission to the San Francisco Article I.: General Provisions Bay Conservation and Development Commission by January 1, 1976, the preparation by the commission ofa Suisun Marsh Protection Plait 1850. This chapter shall be known and may be cited as the for submission to the Governor and Legislature on or before Decem- Nejedly-Bagley-Z'borg Suisun Marsh Preservation Act of 1914. bcr 1, 1976, a .lid the preparation by the department of specified 1851. The Legislature hereby finds and declares that the Suisun detailed studies, Specifies the subject matter and objectives of the Marsh, consisting of approximately.55,000 acres of marsh land and plan. Permits t1he County of Solano and cities within the county to 30,000 acres of bays and sloughs, comprising almost 10 percent of the conduct a study of specified plans for inclusion, subject to specified remaining natural wetlands in California,plays an important role in approval, in the, plan. Specifies boundaries of the marsh zone, the providing wintering habitat for waterfowl of the Pacific Flyway; that buffer zone, and, the special study zone for purposes of the act. during years of drought the area becomes particularly important to Specifies effect of act on powers of the commission. waterfowl by virtue of its. large expanse of aquatic habitat and the Specifies that, in.order to allow time for the orderly preparation scarcity of such habitat elsewhere; that the area provides critical, of the Suisun Marsh Protection Plan, until January 1, 1978, no devel- habitat for other Wildlife forms, including such endangered, rare, or opment shall be permitted by any local governmental agency within unique speciesa.s the peregrine falcon, white-tailed kite, bald eagle, the marsh, zone, the buffer zone, or the special study zone which is California clapper rail, black rail, salt-marsh harvest mouse.and either inconsistent with specified legislative findings or which does Suisun shrew; that the existence Of this wide variety of wildlife is due not conform to either the zoning ordinances of the agency which to the relatively large expanse of unbroken native habitat and the were in effect on January 1, 1974, or.the land uses depicted In specl- Ch, 1486 Ch. 1486 -4- diversity of vegetation and aquatic c'onditions that prevail in the line, and electrical power transmission and distflbution line, marsh; that mail is an integral part of the present marsh ecosystem 1861. "Department" means the Department of Fish an&Game. and, to a significant extent, exercises control over the widespread 1862. "Commission" means the San Francisco Bay Conservation presence of water'and'the abundant SOUrce of witerfowl foods; that an Id Development 'Commission specified in Section 66620 of the the Suisun Marsh represents a unique arid irreplaceable resource to Government Code. the people of the state and nation; that the future of the wildlif6 value. 1863. "Board" means the Wildlife Conservation. Board. of the area is threatened by potential residential, commercial arid 1864. "Marsh zone" means those conti of lands, iguous areas industrial developments; and that it is the policy of the state to marshes, ponds, sloughs, and bays lying within the boundary-of the preserve and protec It resources of this nature for the enjoyment of buffer zone which are below the five-foot contovir'line as shown on the current and succeeding generations. the United States Geological Survey 1:24,000 maps for the arda. At 1852. The, Legislature further finds and declares that in order to those points where the five-foot. coiitour crosses and is exterior to the i preserve the integrityand assure continued wildlife use of the Suisun boundary described in Section 1865, the bo 'undary described in Maksh, including the preservation of its waterfowl-carrying capacity Section 1865 shall be considered the boundary of both the marsh a d retention of the diversity of its flora and fauna, there is a need zone and the buffer zone. n 1 uffe an for all of the following: 865. -B ' r zone" means those I ds, ponds, sloughs and bays (a) Establishment of criteria for the production of valuable which are external to the marsh zone, b.utin.ternal to the following waterfowl food plants. boundary: (b) Improvement of present water management practices, Starting at a point on Suisun Bay approximately one mile northeast including drainage arid other water control facilities. of Lhe Benicia-Martinez Bridge, being the northern boundary of the (c) Provisions for supplemental water supplies to assure their Benicia Arsenal Military Reservation showd"M the Point Chicago availability when' needed. Quadrangle, 3800-WI220017.5; thence n. rthwesterly along such (d) Development and implementation of plans arid policies to boundary to the edge of the easterly South., rn Pacific Transportation protect tile marsh from degradation by excessive human use. Company. right-of-way; thence northerly ailong the eastern side of I i.iftion and establishrncn@ of a buffer zone @consisting of the easterly Southern Pacific Transportation Company r -of-Way (c) Def I I ight: , land areas that have high wildlife values themselves and also to the section line between Sections 17 afi"I 2 T. 3N., R. 2W; tl ence up, 0, contribute to the integrity and continued wildlife use of the wetlands westerly, Along said section line to the -,,eastern edge of the within the marsh zone. right-of-way of State Highway 21; thence n"orlfle'fly along the eastern 1853. In enacting this chapter, it is not the intent. of the edge of the right-of-way of State Highway.21 to the interchange in Legislature to establish a right to perform development outside the, See. 19, T. 4N., 11. 2% thence northerly oi ,1.1 the quarter section line boundaries prescribed in this chapter. of Sees. 7 and 18 to the city limit of the City of Fairfield; thence casterfy along@ the city limit of tile City of Fairfield to the Article 2. Definitions southeastern corner of the city limits of the City of' Fairfield approximately one-half mile west of the city limits of- the City of 1860. "'Development" means, oil land, in or under water, the Suisun; thence easterly to the Grizzly Is Iland Road bridge at Hill placement or erection of anysolid material or structure; discharge or Slough; thence northerly along the eastern edge of the right-of-way disposal of any dredged material or Any gaseous, liquid, solid, or of Grizzly Island Road to the.half section line of Sec. 3 .1, T. 5N,, R.. I W; thermal waste; grza_ding, removing, dredging, mining, or extraction of thence easterl;, Along thelialf -section line of Sections 31, 32, arid . 33 any ma ter ials;..chan ge in the density or intensity of vise Of land, to its intersection with State Highway 12; thence easterly along the including, but not limited to, subdivision of land pursuant to the southern. edge, of the right-of-way of State Highway. 12 to the Subdivision Map Act (Chapter 2 (commencing with Section 11500) intersection of State Highway:12 and the west,one quarter section Part 2, Division 4 of the Business and Professions Code), and tiny line of See. 5, T. 4N., R. 1E.; thencc.@outjj'@_along-thc quarter section other division of land, inclutliii), lot splits; chailge ill tile, i111011sity of line of Sections. 5, 8, 15, N 29, and 32, T. 4N., 11, ir'.., and. Section 5, use of water,* ecology related thereto, or of access thereto; T. 3N.,. R. 1E. to its intersbetion with Montezuma Slough; thence construction, reconstruction, demolition, or alteration of the size of southerly Along the Western boundary of the eastern levee of any structure, including Any, facility of any private, public, or Montezuma S lough to Suisun Bay; thence sou th.westerly. across the municipal utility, andthe removal or. logging of major vegetation. As mouth,of Montezuma Slough, al Iong the shoreline of the south side used in this section, I"structure" includes, but is not limited to, any of Van Sickle.1sland and Chipps Island to Simmons Point; thence building, road, pipe', flume, conduit, siphon,. aqueduct, telephone northerly and then westerly around Honker Bay along the shoreline 5 Ch. 1486 Ch. 1486 6 of Chipps Island, Van Sickle Island, Wheeler Island, arid Dutton Island to a point on Dutton Island immediately north of Point Palo Suisun- Marsh Protection Plan. Alto (on Snag Island), and then south to Point Palo Alto on Snag . 1873. The plan shall be based upon detailed studies of all the. Island; thence westerl from Point Palo Alto on a line to the factors that significantly affect the marsh arid shall consist of such y southernmost tip of Roo Island, and along the south shore of Roe maps, text, and statements of policies and objectives as the Island to Preston Point; thence northerly on a line to Garnet Point commission determines are necessary to preserve the integrityj and on Byer island; thence on a line across the Suisun Cutoff to Point assure contiilued wildlife use, of the marsh. 1874. In preparing the element. and the plan, the departnient and Buckler-on Simmons Island, and then easterly, northerly and the commission :shall give consideration to the appropriate agency to westerly around the shoreline of Grizzly Bay and across the mouths of Montezuma and Suisun Slough; thence southwesterly along the administer the plan, to state or federal acquisition of additional lands western shore of Grizzly and Suisun Bays to the point of beginning. in the marsh and to programs and policies that would assure All references to county parcel boundaries. taken from Assessor's retention of the existing large tracts of private land in the marsh for Map Book 32, p. 20,and Book 46, p. 02, County of Solano, California, waterfowl and wildlife use, including, but not limited to the 1973-74. Section, range, and townshiV locations are referenced to the following: Mount Diablo Meridian. (a) Tax incentives to private land owners who manage their lands 1866. "Sp!acial study zone"'mcans those lands in: so as to maximize their value as wildlife habitat. (a) Sections 7, 18 and 19 Township 4 North, Range 2 West and . (b) Direct government subsidy similar to, the land bank program Sections 12 and 13, Township 4 North, Range 3 West lying,south of or,agricultural subsidies. the Southern Pacific Transportation Company iight-of-way, west of (c) Assistance by way of preferential treatment in providing the external boundary of the buffer zone and east of the right-of-way improvements such as water supplies and control structures and drainage facilities in return @, for owner guar' of State Highway 21; properties will continue to antees that their (b) Sections 31, 32,and 33, Township 5 North, Range I West lying be used for wildlife purposes. east of the right-of-way of the Grizzly Island Road, south of the (d) . Assistance by way of preferential treatment in locating water right-of-way of State Highway 12, and north of the half section line transmission pipelines in, or immediately' adjacent to, existing or of Sections 31, 32, and.33, Township 5 North, Range I West. former railroad rights-of-way, if any such pipeline assists in 1867. "Suisun Marsh" or "marsh" means the marsh zone, the contributing to -a supplemental, water supply for the marsh or buffer zon6, and the special study zon@, conveying water to other areas of public need. (e) Appropriate zoning ordinances, Article 3. Suisun Marsh Protection Plan 1875. The department shall submit the element to the commission not later than January 1, 1976, and the commission shall 1870. The department, after public hearings and in cooperation submit the plan to the Governor and the Legislature not later than with the Suisun Resource Conservation District, the County of December 1, 1976. Solano, an (I other app .ropriate local, regional, state, and federal 1876. The plan.shall contain all of the following: governmental agencies, educational institutions, civic arid public (a) The results of the detailed studies made by the department interest organizations,' and private organizations and individuals, and the commission. (b) An estimate of the amount of mone that will be necessary to shall prepare and submit to the con-kinission the fish and wildlife y elen-ient of the Suisun Marsh Protection Plan. maintain and carry out the plan, including, but not limited to, an 1871. The eloinent shall be based upon detailed studies ofall the estimate of the amount of money that will be necessary to purchase factors that significantly affect the fish and wildlife of the marsh ai .id real property which may be recommended for purchase for public shall set forth those administrative and legislative actions necessary use, arid an indication. of the possible sources of funding for such to preserve the integrity and assure continued wildlife use of the purposes. marsh. (c) Such other information and recommendations as is deemed 1872. The commission, after public hearings and in cooperation desirable. with the Suisun Resource Conservation District, the Count of 1877. The County of Solano, or any city within the County of y Solano, may conduct a study to determine the impact on the Suisun Solano, and other appropriate local, regional, state, and federal Marsh of development of the special study -zone lands defined in governmental agencies, 'educational institutions, civic arid public Section 1866 and the results of such study, if approved by the interest' organizations, and private organizations and individuals, shall prepare and submit to the Governor and the Legislature a department and the-commission, shall be included in the Suisun Marsh Protection Plan. -7- Ch. 1486. Ch. 1486 -8- 1878, No provision of' this @.,11;ipter i's ilitelided to', illclowic ol Ilauds in Sections 11 and 12, 'Tow Ijiship 4 No" if ange I West, ML. docrefrie. of jI)ri,-;dirIioII of' tho comillis'Joll 'Is it is derilled in Diablo Meridian, ownod or leased by an iii(Isti-1111 1letivi(y its (if Section W610 of the Governincilt. Code. Not wiLl istandilig ally otfier Auigust 1, 1974, provisions of law, and,in order toallow time for orderly prep;irafion (c) The disposal of drodge material on Goat Island as may be of Illo Silistio Nilll-:ih Prolectiou Plao. tititif janoai@, 1. 1978, ;iny 111jillori.,rcd by 111w. dove lopniez i I within tile area of jurisdictionol, dic coulints.sioll, as, (f) Developments permitted pursuant to the provisions of Section d(Ailled in Scctioll ()'(;(;10 of dic Govcrillurnt Codo, ;111(1 w1lich is, also 1877, within the marsh shall be subject to the permit proc-ess contained in 1880. To assist in achieving the intent and purp(?se of this act the Section 6(,,(;:Q of' t1jo Goverlilm,111 Codr; Not vvit hst:tIlding tll(- boatd shall ae(juiro, and th(i depttrt ow' nt shall administox in 1he nairm provisiPilsoiSection 66W2of'Llic GoveiwiiciiL C(Ale, the conlillission of the state, fee title or Such lesser interest as the board may shall 'gra nt permits for such developments if it finds that tile determine appropriate in those lands within or adjacent to the buffer a ecaU e of their developments are (1) not injurious to licaldi, safety, or welfare of the zone that the bo'rd finds require prompt acquisition b s general publ.ic, (2) -of anaLure that will not prejudice the phin under critical importance to the integrity and continued wildlife use of the preparation, and ('11) consistent with the firidirig!@ and declaration set t lz e marsh; but nothing in this chapter shall au hor". 6 the xercise Of forth in Sections IN551 and I(R52;-provided, howe'ver, that ho permits erninent domain for the acquisition of fee title or'a lesser interest in shall be required for the following: lands that are exterior to the boundary of the Suisun Marsh and are (a) I-Tinergency repairs to existing public highways which are in described Ias follows: the interest of the public safety or welfaro, provided that such repairs (a) Lands in Sections 4,5,8,9,16,17,20, and 21j. 3N., R.IE., lying shall not change the nature or density of the use of such public southerly of the Birds L. nding-Mci 's Landing Road,.casterly of the a n highways as compared to the use of the highways prior to tile repairs. boundary of the Suisun Marsh, and westerly of the right-of-way of the. (11)) Operation, maintenance,'repair, or replacement in kind,of Sacramento Northern Railway and Se .ctions 28 and 29, 1T. 3N., R. I E. any di 'stribuLicn or related facility or existing transmission 'or (b) Lands in Sections @0, @29, 30, and 31, T. -3N., R. 2W., lying generating facility necessary for the purpose of supplying electric, between the southerly righi-of-way' of State H .ighway 21 and the gas, or communication service to any person lawfully entitled .: I I I exterior boundary of the Suisun Marsh. e uisitigns thereto, or for the construction of such facilities to service any 1881. Until January 1, 1978,, the board may mak suchacq discrete development for which a permit has been granted by the by direct p'urchase or may authorize the State Public Works Board commission. to make any such acquisition, and the State Public Works Board is 1879. Notwithstanding any other provision of-law or regulaLion'-of hereby authorized to make such abqui.@itipiis. .pursuaot to the any local governmenLal agency, and ill order to allow time. for the Property Acquisition Law (Part'., 11 (cornmencing with Section ordorly preparation of the SuiSLIn Marsh Protection Plan, until 15850) of Division 3 of Title 2 of the Government C6dc). After January 1, 1978, no dcvelopi-rient shall be permitted by any such January 1,19 ,78, any such acquisition, if made, shall be made for the agency within the marsh zone, the buffer zone,. or the special study board by the State Public Works Board Ipursuant to the Property zone which is either inconsistent with the findings and declaration Acquisition Law. set forth in Soctions 1851 and IS52 or which does not conforin to I&K. The provisions of this chapter shall not operate to interfere either the zoning "Ordinances of the appropriate government.al with thejurisdiction and authority of the State Lands Commission as agency which'wero in effect on January 1,. 1974, or the land uses set out in D.ivision 6 (commencing wit.h Section 6001) of.the Public dc,TiCtOd ill,1110 I-OSOUITC Coliservationand open space elcille-lit of the Resources Code. Solano Coupty general plan as filed with the State of California on 1883. The provisions of Sections 66637 to 66CA2, inChisive of the Jim(-, 25, 1913, and November 27, 1973, in compliance with the, Government Code shall apply to all actions for which permit; of the requirements of Section 65563 of (lie. Government Code, whichever commission may be required under this chapter, is the lower larld use classification; 'provided, however, that this Sr-C. 12- The surn of four million one hu .ndred. ninety thousand section shall not apply to any of the following: dollars (.@@4,190,000) is hereby appropriated fo exp f enditure without (a) Developments authorized and for which a vested right was regard to fiscal years for the purposes of this Act in accordance with obtained thereunder prior to the offective, (late of this aet. the following schedule: (b) The construction of a regional sewage trcaLmcnt plant, (a) Fiom@ the'California,Envir6nmental Protection (c) The exploration for and development, @ product.ion, and Program Fund to the Dep@rtment of Fish and transmission of natural gas. Came .............................................. .............................. $95,0W (d) The continued conduct of the existing industrial use on those Ch. 1486 (b) From the California Environmental Protection Program Fund to the San Francisco Bay Conservation and Development Commission.... 95,0M (c) Frorn the Bagley Conservation Fund, pursuant to the provisions of Item 383.,i of the Budget Act of 1975 (Chapter 375 of the Statutes of 1974), to the Wildlife Conservation Board ............................ 2,000,000 (d) From the funds remaining in the Bagley Conservation Fund after the expenditure of those sums actually requi@ed to implement the programs funded by Item 318.2 of the Budget Act of 1972 and by Item350 of the.Budget Act of 1973, as determined by the Director of Finance, to the Wildlife Conservation Board .................................. 2,000,000 SFC. 3. Notwithstanding Section 2231 of the Revenue and Taxation Code, there shall be no reimbursement pursuant to that section nor sha'11 there be an appropriation rn@de by this act because the duties, obligations, or responsibilities imposed on local government by this Act are minor in. nature and will not cause any financial burden to local government. SFc, 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting such necessity are: Rapid igbanization.of the land, areas, adjacent to the Suisun Marsh has created environmental and economic pressures on the rnarsh which pose an urgent and immediate threat to the continued viability of the marsh as a wildlife habitat of nationally recognized critical importance. In order' to ensure that the protection contemplated by this act will be effective, it is necessary that the provisions of this act go into immediate effect. I A AVIS AIR FORCE 84SE SUISUN MARSH FAIR HIGHWAY ACT OF SUISUN % $TATE HIGHWAY 12 ......... ..... N. ... ... ..... . ..... ........... ............. A@ K, Wd .......... 0. ft.. . . .... ... MIT A! 'AN VALLEJO 54 13. e"A TALI MEAN HIGH WATER LIKE N mall.. 0/1 do t4 rum lot 141AN "Ill" .1of SIC.10 IstAll WATER LINE 'ps is it MEA PONT loot p I ISMS V % r PROPOSITION 20 (California Coastal Zone Conservation Act of 1972) 11PROPOSITIOU 20" THE CALIFORNIA COASTAL ZONE CONSERVATION ACT OF 1972 as amended by Chapters 28 and 1014 (1973) Whe people of the State of California do enact as follows: SECTION 1. Division IS (commencing with Section 27000) is added to the Public Resources Code, to read: ALIFORNIA COASTAL ZONE CONSERVATION COMMISSION DIVISION 18. C CHAPTER 1. GENERAL PROVISIONS AND FINDINGS AND DECLARATIONS OF POLICY 27000. This division may be cited as the California Coastal Zone -.Conservation Act of 1972. .-27001. The people of the State of,California hereby find and declare that the California coastal zone is a distinct and valuable natural resourc,e belonging to all the people and existing as a delicately balanced ecosystem; that the permanent protection of the remaining natural and scenic resources of the coastal zone is a paramount concern to present and future residents of the state and nation; that in order to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment..- it is necessary to preserve the ecological balance,of the coastal zone and prevent its further deterioration and destruction; that it is the policy of the state to preserve, protect, and, where possible, to restore the resources of the coastal zone. for the enjoyment of the current and succeeding generations; and that to protect the coastal zone it is necessary: (a) To study the coastal zone to determine the ecological planning 0 principles-and assumptions needed to ensure conservation of coastal zone rescurces. .(b) To prepare, based upon such study and in full consultation with all affected governmental agencies, private interests, and the general public, a comprehensive, coordinated, enforceable plan for the orderly, long-range conservation and management of the natural resources of the coastal zone, to be known as the California Coastal Zone Conservation Plan. (c) To ensure that any development which occurs in the permit area during the sttidy and planning period will be consistent with the objectives of this division. (d) To create the California Co'astai Zone Conservation Commission, and @ix regional coastal zone conservation commissions, to implement the .provisions of t:his division. CHAPTER 2. DEFINITIONS, 27100. "Coastal zone" means thatland and water area of the State of California from the border of Ithe State of.Otegon to the border of the Republic of Mexico, extending seaward-to the outer limit of the state jurisdiction, including all islands within theJurisdiction of the state, and extending inland to the highest elevation of the nearest coastal Los Angeles, Orange, and Sa Diego Countie@3, mountain range, except that 2:n n. the inland boundary of the coastal zone shall be the h .ighest elevation of the nearest coastal mountain range or five miles from the mean high tide ,line, whichever is the shorter distance. 27101. "Coastal zone plan" means 4the California Coastal Zone Conservatio-, O'Plan. 27102. (a)- "Commission" means the California Coastal Zone Conservation Commission. (b) "Regional commission" means any regional coastal zone conservation commission. 27103. "Development",means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision of land pursuant to the Subdivision Map Act and any other division of land, including lot splits; change in the intensity of use of water, ecology related thereto, or of access thereto7 construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility, and the removal or logging-of major vegetation. As used in this section, "structure" includes, butis not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. 27104. "Permit area" means that portion of the coastal zone lying between the seaward limit of the jurisdiction of the state and,1,000 yards'landward from the mean high tide line of the sea subject to the following provisions: (a) The area of jurisdiction of the San Francisco Bay Conservation and Development Commission, together with all conticTuous areas 2,900 feet landward thereof, and any river, stream, tributarV, creek, or flood control or drainagechannel which-flows into such area, is excluded. (b) If any portion of any body of water which is not subject to tidal action lies within the permit area, the body of water together with a strip of land 1,000-feet wide surrounding it shall be included-L provided, however, that this subdivision does not apply to any river, stream, tributarV, creek, or flood control or drainage channel when a portion of it Ms within the permit area. (c) Any urban land area which is (1) a residential area zoned, stabilized and developed to a density of four or more dwelling units per acre on or before January 1, 1972;-or (2) a commercial or industrial area zoned, developed, and stabilized for such use on or before January 1, 1972, may, after public hearing, be excluded by the regional corn ission at the request of a city or county within which such area is located. An urban land area is "stabilized" if 60 percent of 'the lots.are built upon to the maximum density or intensity of use permitted by the applicable zoning regulations existing on January 1, 1972. Tidal and submerged lands, beaches, and lots immediately adjacent to the inland extent of any beach or of the mean high tide line where there is no beach shall not be excluded.* h Orders granting such exclusion shall be subject to conditions whic. shall. assure that no significant change in density, height, or nature of uses occurs. .An order granting exclusion may be revoked at any time by the.regional commission, after public hearing. (d)*, Each regional commission shall adopt a map delineating the precise boundaries of the permit area within 60 days after its first meeting and file a copy of such map in the office of the county clerk of each.county within its region. in delineating-any inland bo@indary pf the n6rmi Prea, the regional commission may adjust such boundary by movingit seaward by not more than 50 yards. Such adjustments may only be made to avoid. JoisecEing any lot or parcel owned by -Lhe_same person or to conform to identitiabie phyE-icai natural or manmade features such as streets, highways-, or any structures, in order to more efficiently carry out the provisions of Chapter 5 (commencing with Section 27400@ -of t@is division. 27105. "Person" includes any individual, organization, partnership, At corporation, including any utility and any agency of federal, state, and local government. 27106. "Sea" means the Pacific Ocean and all the harbors., bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through a connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels. CHAPTER 3. CREATION, MEMBERSHIP, AND POWERS OF COMMISSION AND REGIONAL COMMISSIONS Article 1. -Creation and Membership of Commissions and Regional .Commissions 27200. The California Coastal Zone Conservation Commission is hereby created and-shall consist of the following members: (a) Six representatives from the regional commissions, selected by each regional commission from among its members. (b) Six representatives of the public who shall not be members of a regional commission. 27201. The following six regional commissions are hereby created: (a) The North Coast Regional Commission for Del Norte, Humboldt, and Mendocino Counties shall consist of the following members: (1) one supervisor and one city councilman from each county. (2) Six representatives of the public. (b) The North Central Coast Regional Commission for Sonoma, Marine, and San Francisco Counties shall consist of the following members: (1) one supervisor and one city councilman from Sonoma County and Marin County. (2) Two supervisors of the City and County of San Francisco. (3) one delegate to the Association of Bay Area Governments. (4) Seven representatives of the public. (c) The Central Coast Regional Coast Regional Commission for San Mateo, Santa Cruz, and shall consist of the following members: (1) One supervisor and one city councilman from Sonoma County and Marin county. (2) One delegate to the Association of Bay Area Governments. (3) one delegate to the Association of Monterey Bay Area Governments. (4) Eight representatives of the public. (d) The South Central Coast Regional Commission for San Luis Obispo.- Santa Barbara, and Ventura Counties shall consist of the following members: (1) one supervisor and one city councilman from each county. (2) Six representatives of the public. (e) The South Coast Regional Commission for Los Angeles and Orange counties shall consist of the following members: (1) one supervisor from each county. (2) one city councilman from the City of Los Angeles selected by the president of such city council. (3) One city councilman from Los Angeles County -from a city other than Los Angeles. (4) One city councilman from Orange County. (5) One delegate to the Southern California Association of Governments.. (6) Six representatives of the public. (f) The San Diego Coast Regional Commission for San Diego County, shall consist of the following members: (1) Two supervisors from San Diego County and two city councilmen from, San Diego County, at least one of whom shall he from city which lies within the permit area. (2) One city councilman from the City of San Diego, selected by the city council- of such city. (3) One member of the San Diego Comprehensive Planning Organization. (4) Six representatives of the public. -3- 27202.. All members Of the regional commissions and public memberb of the commission shall be selected or appointed as follows: (a) All supervisors, by the board of supervisors on which they sit; (b) All city councilmen except under subsections (e) (2) and (f) (2), by the city selection committee of their respective counties; (c) All delegates of regional agencies, by their respective agency; (d) All public representatives, equally by the Governor, the Senate Rules Committee afid the Speaker of the Assembly, provided that the extra member under (b) (4) and the extra members under (c) (4) shall be appointed by the Governor, the Senate Rules Committee and the Speaker of the Assembly respectively. 27203: A member of a regional commission who is also a supervisor from a county or city and county with a POPUlution greater than 650,000 may, subject to confirmation by his appointing power, appoint an alternate member to represent him ,it any regional commission meeting.. The alternate member shall serve at* the pleasure of the member who appointed him. The alternate member shall have the same qualifications as a public member pursuant to Section 272-20. An alternate member shall have all of the powers and duties as a member of the regional commission, except that the alternate member shall only participate and vote in meetings in the absence of the member who appointed him. 'An alternate member shall be entitled to a payment and reimbursement for the necessary expenses, pursuant to Section 27223, incurred in participating in regional commission meetings. Either the member of the regional commission or his alternate member shall receive such payment and reimbursement for the necessary expenses pursuant to this division. If both the member of the regional commission and his alternate member attend and participate in any portion of a regional commission meeting, only the alternate member shall be entitled to such a payment and reimbursement for attending that particular meeting. An alternate member shall not be eligible for appointment to the commission. Article 2. organization 27220. Each public member of the commission or of a regional commission shall be a person who, as a result of his training, experience, and attainraents, is exceptionally well qualified to analyze and interpret environmental trends and information, to appraise resource uses in light of the policies set forth in this division, to be responsive to the scientific, social, esthetic, recreational, and cultural needs of the state. Expertise in conservation, recreation, ecological and physical sciences, planning, and education shall be represented on the commission and regional commissions. 27221. Each member -of the commission and each regional commission shall be appointed or selected not later than December 31, 1972. Each appointee of the Governor shall be subject to confirmation by the Senate. 27222. In the case of persons qualified for membership because they hold a specified office, such membership ceases when their term of office ceases. Vacancies which occur shall @)e filled in the same manner in which the original member was selected or appointed. .27223. Excent as provided in this section, member's.shall serve without compensation but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement is not otherwise provided by another public agency. All members shall receive -fifty dollars ($50) for each full day of attending meetings of the commission or of any regional commission. .27224. The commission and regional cor@missions shall meet no less than once a month at a place convenient to the public. Unless otherwise provided in this division, no decision on permit applications or on the adoption of the coastal zone plan or any part thereof shall be made without a prior public hearing. All meetings of the commission and each regional commission shall be open to the public. A majority affirmative vote of the total authorized membership shall be necessary to approve any action required or permitted bv this divIsio'n, unless otherwise orovided. 27225. Tfie first mee-ting of the commission shall be no later than February 15, 1973. The first meeting of the regional commissions shall be no later than February 1, 1973. 27226. The headquarters of the commission shall be in a city, county, orcity and countv which lies, in whole or in part, within the coasE'H'@ zone. -4- Aticle 2.5. Conflicts Of Interest 27230. Except as hereinafter provided none of the following persons shall appear or act, in any capacity whatsoever except as a representative of the state, or political subdivision thereof, in connection with any proceeding, hearing, application, request for ruling or other official determination, judicial or otherwise, in which the coastal zone plan, or the commission or any regional commission is involved in an official capacity: (a) Any member or employee of the commission or regional commission; (b) Any former member-or employee Of the commission or regional commission during the year following termination of such membership Or employment; (c) Any partner, employer, an emoloyee of a member or employee of the commission or any regional commission, when the matter in isssue is one which is under the official ressponsibility Of such member or employee, Or in connection with which such member or employee has acted or is scheduled to act, in any official capacity whatsoever 27231. NO member or employee of the commission or any regional commission shall participate, in any official capacity whatsoever, in any proceeding, hearing,- application, request for ruling or other official determination, judicial or otherwise, in which any of the following has a financial interest: the member or employee himself; his spouse; his child; his partner; any organization in which he is then serving or has, within two years prior to his selectln or appoqintment to or employment by such commission or regional commission, served, in the capacity of officer, director, trustee, partner, employer or employee; any organization within which he is negotiating for or has any arrangement or understandin concerning prospective partnership or employment. 27232. In any case within the coverage of Section 27230, 27231 when the commission determines that in any case within the coverage of such section the financial interest involved is not substantial, the prohibitions therein contained shall not apply if the Person concerned advises the commission in advance of the nature and circumstances thereof, including full public disclosure of the facts which may potentially give rise to a violation of this article, and obtains from the commission a written determination that the contemplated action will not adversely affect the integrity Of the commission or any regional commission. Any determination made pursuant to this section shall require the affirmative vote of two-thirds of the members of the commission. 27233. Nothing in this article shall preclude or prevent any member of the commission Or any regional commission, or any emloyee thereof, who is also an employee of another public agency, a county supervisor, city councilman, member of the Association of Bay Area Governments, member of the Association of Monterey Bay Associated Governments, delegate to the Southern California Association of Governments, or member of the San Diego Comprehensive Planning Organization, and who has in such designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon or acted upon a particular matter, from voting or otherwide acting upon such matter as a member of the commission or any regional commission, or employee thereof, as the case may be. Nothing in this section shall be construed to exempt any such member of the commission or any regional commission, or any employee thereof, from any other provision of this article. 27234. Any person who violates any provision of this article shall, upon conviction, and for each such offense, be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the state prison for not more than two years, or both. Article 3. POWERS AND DUTIES 27240. The commission and each regional commission may: (a) Accept grants, contributions, and appropriations,- (b) Contract for any professional services if such work or services cannot satisfactorily be performed by its employees; (c) Be sued and sue to obtain any remedy to restrain violations this division. Upon request of the commission or any regional commission, the State Attorney General shall provide necessary legal representation. (d) Adopt any regulations or -take any action it deems reasonalbe and necessary to carry out the provisions of this division, but no regulations shall he adopted without a prior public hearing. 27241. The commission and regional commissions may request and utilize the advice and services of all federal, state, and local agencies. upon request of a regional commission any federally recognized regional planning agency,within its region shall provide staff assistance insofar as its resources permit. 27242. All elements of the California Comprehensive Ocean Area Plan, together with all staff and funds appropriated or allocated to it, shall be delivered by the Governor and shall be attached and allocated to the commission at its first meeting. 27243. The commission and each regional commission shall each elect a chairman and appoint an executive director, who shall be exempt from civil service. CHAPTER 4. CALIFORNIA COASTAL ZONE CONSERVATION PLAN Article 1. Generally 273bO. The commission shall prepare, adont, and submit to the Legislature for implementation the California Coastal Zone Conservation Plan. 27301. The coastal zone plan shall be based upon detailed studies of all the factos that significantly affect the coastal zone. 27302. The coastal zone plan shall be consistent with all of the following objectives: (a) The maintenance, restoration, and enhancement of the overall quality of the coastal zone environment, including, but not limited to, its amenities and aesthetic values. (b) The continued existence of optimum populations of all species of, living organisms. (c) The orderly,balanced utilization and preservation, consistent with sound conservation principles, of all living and nonliving coastal zone resources. (d) Avoidance of irreversible and irretrievable commitments of coastal zone resources. 27303. The coastal zone plan shall consist of such maps, text and statements of policies and objectives as the cc-m-mission determines are necessary. 27304. The plan shall contain at least the following specific components: (a) A precise, compre'lhen-sive definition of the public interest in the coastal zone. (b) Ecological planning principles and assumptions to be used in determining the suitability and extent of allowaSle development. (c) A component which includes the following elements: (1) A land-use element. (2) A transportation element. (3) A conservation element for the preservation and management of the scenic.'and other natural resources of the coastal zone. (4) A public access element for maximum visual and physical use and enjoyment of the coastal zone by the public. (5) A recreation element. (6) A public services and facilitie's element for the general location, scale, and provision in the least environmentally destructive manner of public services and facilities in the coastal zone.' This element shall include a power plant siting study. .(7) An ocean mineral and living resources element. (8) A population element for the establishment of maximum desirable population densities. (9) An educational or scientific use element. (d) Reservations of land or water in the coastal zone for certain uses, or the prohibition of certain uses in specific areas. .(e) Recommendations for the governmental policies and powers recf@,_ired to imolement the coastal zone plan includinq the organization and au-thority of th; governmental agency or agencies which should assume Dermanent responsibility for its implementation. Article 2. Planning Procedure 27320. (a) The commission shall, within six months after its first meeting, publish objectives, guidelines, and criteria for the collection of data, the conduct of studies, and the preparation of local and regional. recommendations for the coastal zone plan. (b) Each regional commission shall, in cooperation with appropriate local agencies, prepare its definitive conclusions and recommendations-, including recommendations for areas that should be reserved for specific uses or within which specific uses should be prohibited, which it shall, after public hearing in each county within its region, adoPt and submit to the commission no later than April 1, 1975. (c) on or before December 1, 1975, the commission shall adopt the coastal zone plan and submit it to the Legislature for its adoption and implementation. CHAPTER 5. INTERIM PERMIT CONTROL Article 1. General Provisions 27400. On or after February 1, 1973, anv person wishing to perform any development within the permit area shad obtain a permit authorizing such development from the regional commission and, if required by law, from any city, county, state, regional Or local agency. Except as provide a in Sections 27401 and 27422, no permit shall be issued without the affirmative vote of a majority of the total authorized membership of the regional commission, or of the commission on appeal. 27401. No Permit shall "me issued for anv of the following without the affirmative vote of two-thirds of the total authorized membership of the regional commission, or of the commission on appeal: (a) Dredging, filling, or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon. (b) Any development which would red-ace the size of any beach or other area usable for public recreation. (c) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches and the mean high tideline where there is no beach. (d) Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast. (e) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential commercial and sport fisheries, or agricultural uses of land which are existing on the effective date of this division. 27402. No permit shall be issued unless the regional commission has first found, both of the following: (a) Thal, the development will not have any substantial adverse environmental or ecological effect. (b) That the development is consistent with,the findings and declarations set forth in Sections 27001 and with the objectives set forth in Section 27302. The applicant shall have the burden of proof on all: issues. 27403. All permits shall be subject to reasonable terms and conditions in order to ensure: (a) Access to publicly owned or used beaches,recreation areas, and natural reserves is increased to the maximum extent possible by appropriate dedication. (b) Adequate and properly located public recreation areas and wildlife preserves are reserved. (c) Provisions are made for solid and liquid waste treatment, disposition and management which will minimize adverse effects upon coastal zone resources. -7- (d) Alterations to existing land forms and vegetation, and construction of. structures shall cause minimum adverse effect to scenic resources and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. 27404. if, prior to!November 8, 1972, any city or county has issued a building permit, no per-son who has obtained a vested right thereunder shall be required to secure a permit from the regional commission; providing that no substantial changes may be ade in any such development, except in accordance with the provisions of this division. Any such person shall be deemed to have such vested rights if, prior to November 8, 1972, he has in g6od faith and in reliance upon the building permit diligently commenced construction and performed substantial work on the development and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to the particular development or the issuance of a permit shall not be deemed liabilities for work or material. 27405. Notwithstanding any provision in this chapter to the contrary, no permit shall be required for the following types of development: (a) Repairs and improvements not in excess of seven thousand five hundred dollars ($7,500) to existing single-family residences; provided, that the commission shall specify by regulation those classes of development which involve a risk of adverse environmental effect and may require that a permit be obtained. (b) Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the permit area, pursuant to a permit from the United States Army Corps of Engineers. (c) Repair or maintenance activities of any sort; provided, that such activities do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities. Article 2. Permit Procedure 27420. (a) The commission shall prescribe the procedures for p 't applications and their appeal and may require a reasonable filing erml fee and the reimbursement of expenses. All such fees and reimbursements collected heretofore or hereafter shall be credited to, and shall be in augmentation of. the aDorooriation made in Section 4 of ProiDosition 20 as approved by the electorate at the,genera 1 election on November 7, 1972, and are hereby aporopriated to the commission for the same oeriod and for the same nur@)oses as set forth therein. (b) The regional commission shall give written public notice of the nature of the.proposed development and of the time and place of the public hearing. Such hearing shall be set no less than 21 nor more than 90 days after the date on which the application is filed. (c) The regional commission shall-act, upon an application for permit within 60 days after the conclusion of the hearing and such action shall become final after the tenth working day unless an appeal is filed within. that time. 21421. Each unit of local government within the permit area shall send a duplicate of each application for a development within the permat area to the regional commission at the time such.application for a local permit is filed, and shall advisethe regional commission of the granting of any such permit. 27422., The con-auission shall provide., by regulation, for the issuance of permits by the executive directors without compliance with the procedure specified in this chapter in cases of emergency or for repairs or improvements to existing structures not in excess of twenty-five thousand dollars ($25,000) and other developments not in excess of ten thousand dollars ($10,000). Nonemergency permits shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided. If any two members of the regional commission so request at the first meeting following the issuance of such permit, such issuance shall not be effective and instead the application shall be set for a public hearing pursuant to the provisions of Section 27420. 27423. (a) An applicant, or any person aggrieved by approval of a permit by the regional commission, may appeal to the commission. (b) The commission may affirm, reverse, or modify the decision of the regional commission. if the commission fails to act within 60 days after notice of appeal has been filed, the regional commission's decision shall become final. (c) The commission may.decline to hear appeals that it determines raise no substantial issues. Appeals it hears shall be scheduled for a de nova public hearing and shall be decided in the same manner and by the same vote as provided for decisions by the regional commissions. 27424. Any person, including an applicant for a permit, aggrieved by the decision or action of the commission or regional commission shall have a right to judicial review of such decision or action by filing a petition for a writ of mandate in accordance with the provisions of Chapter 2, (commencing with Section 1084) of Title I of Part 3 of all the Code of Civil Procedure, within 60 days after such decision or action has become final. 27425. Any person may maintain an action for declaratory and equitable relief to restrain violation of this division. No bond shall be required for an action under this section. 27426. Any person may maintain an action for the recovery of civil penalties provided in Sections 27500 and 27501. 27427. The provisions of this article shall be in addition to any other remedies available at law. 27428. Any person who prevails in a civil action brought to enjoin a violation of this division or to recover civil penalties shall be. awarded his costs, including reasonable attorneys fees. CHAPTER 6. PENALTIES 27500. Any person who violates any provision of this division shall be subject to a civil fire not to exceed ten thousand dollars (10,000). 27501. In addition to any other penalties, any person who performs any development in violation of this division shall be subject to a civil fine not to exceed five hundred dollars ($500) per day for each day in which such violation persists. CHAPTER 7. REPORTS 27600. (a) The commission shall file annual progress reports with the Governor and the Legislature not later than the fifth calendar day of the 1974 and 1975 Regular Sesseion of the Legislature, and shall file its final report containing the coastal zone plan with the Governor and the Legislature not later than the fifth calendar dav of the 1976 Regular Session of the Legislature. CHAPTER 8. TERMINATION 27650. This division shall remain remain effect until January 1, 1977, and as of that date is repealed. SEC. 2. Section 11528.2 is added to the Business and Professions Code, to read: I 11528.2 The clerk of the governing body or the advisory agency of each city or county or city and county having jurisdiction over any part of the coastal zone as defined in Section 27100 of the Public Resources Code, shall transmit to the office of the California Coastal Zone Conservation Commission within three days after the receipt thereof, one copy of each tentative map of any subdivision located, wholly or or partly, within the coastal zone and such Commission mav, within 15 days thereafter, make recommendations to the appropriate local agency regarding the effect of the proposed subdivision upon the California Coastal Zone Conservation Plan. This section does not exempt anv such subdivision from the permit requirements of Chapter 5 (commencing with Section 27400) of Division 18 of the Public Resources code. This section shall remain in effect only until the 91st day after the final adjourrnnent of the 1976 Regular Session of the Legislature, and as of that day is repealed. SEC. 3. If any provision of this act or the appli6ation thereof'to ally person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of theact which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. SEC. 4. There is hereby appropriated from the Bagley Conservation Fund to the California Coastal Zone Conservation commission the sum of five million dollars ($5,000,000) to the extent that any moneys are available in such fund and if all or any portions thereof are not available then from the General Fund for expenditure to support the operations of the commission and regional coas-tal zone conservation commissions during the fiscal years of 1973 to 1976, inclusive, pursuant to the provisions of Division 18 (commencing with.Section 27000) of the Public Resources Code. SEC. 5. The Legislature may, by two-thirds of the membership concurring, amend this act in order to better achieve the objectives set forth in Sections 27001 and 27302 of the Public Resources 'Code. _10- CALIFORNIA ENVIRONMENTAL QUALITY ACT Nord I law-tho uncertattivirouniental reglane. Uksiec(02 Irtiarspet. Thomas C. Lynch. Jan a. (1912) 24 Hftst.I@J. 67. Stevens (1910) 6 U.S.F.L.Rev. 10. , Noisy lkirt)(34191-millialice. Jerrold A Fddi- Evivirterenientoll protection: Attor gall- deoll & Michael Lt. IlergOr (1971) 3 jj@Utll. P at's perspeellrai, Hwella J. ney ,,,r western U.I.I.ftev. 39. r Yale . (19711 5 Pacific I...J.. 19. P61lutlore Problern and legal institutions James F 1-Niounding scope of environmental law. A colleelitual overview. . Krier: Kovill 1'. )(1kno (Jan. 3373) 43 Los Angeles (1971) 18 U.C.L.A.Law Rev. 429. tiar Well. 81. Substantive right to a better environ- Friends of Vex tKipulf or Ju- inerot. Hursaid It. Roble (1573) 49 I-ses An- ilicial stacial engineering. (1073) 1 Pepper- sales Her Ittill. 17. dine L.flev, 137. Library references Guidelines to Implement tills act. Ftee t4 Cal-Adno-Coole 15000 at seq. Ifealtis and Environment e=28. Alarlite pollution: A critique of foresent. %Islas iS;=75. $3. slid proposed International agreentenU anti V.3 ,.4. Ficalth 1 21. Inatitiotions-sk. suggested global doceaus .an- C.319. States JJI 63 at oeq., 103. 21000. Legislative Intent -Ili -I! fitid, -clarvit its follow-i Tito lkgixl. it and tit -antic -itt -*)tile of this *;title (a) Tilt, nullate I! sit it ilitallty environtin for tit(, lode now anti lit (lie faturi! 1.4 it malli-r tit statevvide concern. DIVISION 13. ENVIRONMENTAL.QUALITY [NEIV] (h) It IN necessary too provide it high-tinallty environment that at sill times Is -licallblill ,till Pleasing to tile S011ses livid Intellect of mail. Chapter (c) There Ili it Owed to miderstand tilt! rellitiolitillip leetweell tile maintenance 1. Polloy ----------- ------- ------------- elf high-titialify et-41141gleal systeins unit (lit- gi-neritt ivelfarf- tol''the ler-ople of the 21000 2. Short T1116 ----- ------- -------------------- I ------------------ 2105C 1411te, IM-111411ag lbeir vuJitylaeut of fit(, natillsif ri. .4 it( IN 2.5 Definitions -- ---------------------------- I ------- 2.1060 fill The rapartly elf file elivirtollilleat 1:4 lifulled. unit It 1-4 file intent of tile 2.6 General ......... ---------- L ----------- Legislattire that the govA-runiesit of list, i4itle lats- Ississivillair Aelm to Identify 3. State Agancles, Wards and Commissions ...... 7 --------- ;---.-21100 stir crifleal thresholdfs for tilt, lit-allit and mifely sit fild. Isellislo. tit lilt! state and 4. L4cal Agenciss ....... ------------ ........... ".21150 take till coordinated aeftsillt lnwes:@Atry bo pre%41111 sueb thresholiN behig reat-lied. 5- '51111neilission of Information 21160 (e) Every ellizen 1141.4 n resplon,1161 lit y #is nta# riletiole Joe file- lirm:ertafhon asset W - : jet Mi. .......... 21165 hirlaitin 1.1 adds-d by 14A A 2780, L it) The 44 losolig-le-i anti proo-firs-4 Its flit- inatinvo-low"I 41( natural r4,osjnrj*eq anti ovlsf.- ifl@jnts;ll 1-41111irpS y.,lo-11111liv $still 4-f(CIVIS 11Y I)IIIAIC it n4l lorivatti hileresis, Ili rulaamt- eavIrsovintellial quality ,#,@I too swatrid eavIrson nwittut Justlutitou. (gW It 14 tilt' Init-at 14( tilt- [A-91KIlitiort. Itself till abf Ilk-- Onto guVernment CHAPTE." 1. POLICY Willch regulaft. activilh-H 4sr firivate- futlividtialm, &ties[ 1111111le agellefed See. which. art- (sillsi(I Its affjId.t flip ellialify tif flit- etivirnilau-M. 1,161111 regillato finelk 210M. Legislative Intent. activities so thatt major callsideratfutt is giveit Ili provt-skilug eatIrOuniental dam- 21001. Additional legislailve Intent. age. (Ailded toy Hiat.,L)9711, e. 143:1, Is. 2781). 11.) Chapter I odded by Stools. 1.97 . 1). r. 1 p. 1. State 1*311, Suideflnes. see 14 CnI.Adort. sweet Its-11clary I.-1.1v Aeronautics. delonCtIllellf dot. sts--sJul thisailly A471 oaf 19701 lot rat#, hparings Code 15000 at steel. 411rills.-II .,( 1,44i.". #loll Of ilil". act. si-!4i 4 Od. Ailon-I *---I,, fit)#-'# #.I III .-b-o-tritt litaltil.-H 40116 4 U.H.F.'L.Itev. cow.,11144tl.,61:4 qw..Iwow '01i.14 ....kild sell, I '. Lt Low Review Commentaries av..1.6.4 It rillotis: ms Islas.. lor-114.14 %,'I.ilk an't gailtio "116111 owe It I'll 111o'd-114a 44tisslity Act- Friends of,the vull-lity of CIA.Adsat. t 1.*,lj'(.t st!41. alkillfWalit. .4f.!ct for peeper polltillo"? LA1. 536. Owl" till. r.A k.. I.- lie '411.11wrililet, elf ellarged Id 111%,1341-sto 41137t) s 111trith: %_I. 26. Volsitlailton demilly crisis. 1111M Its C, It 111terpretaklon of Colorado river lAtatrit. ticks 14 Val.Advit. 4'0,11.41sil X0114i still me ge 111d.,11 t: The Callf"r. W.L.H. I'v.1111.)ry selkwila of 1111141 time Cookie 12000 sot aut' 1.0141 4 li'teren Ilia t lve Isfilles Of Caloullullity COlleg n1a experienco. Itolourt '11. Krueger AIM) em, see 6 Oat. A- list. Code 47 MiUir'J. itb%. 1410a fillVi) et sell. lJe.4dIllCCI!s lll@gt"Cy *too 14 (!al. A (live. Calits C, 11111,111ty elf orwimilic least enviran! Index to Notes V. City it I.Aig"Ala Beftell (r), ""'Milklertiv ". to govIL-rallueniql doicision ol.t9l.141 9a F-supp. 10114- 15000 at neq, alenta Highway Commission. see 21 Inaking . 1971) 6 Pacific LA. 92. in general I i-C.9111"Inl4l 01141 Crevirtallnellial valtiell Cal.AdIm. Court's all protectors of tht Attorney fees 2 111! Iiven 4;4111A witight tender tile corn- It Code 1500 at sell. John F. PLAwOll iApril 1972) 41 Ia.4 Angeles Niltil6nat EI'Vig-lollellemal 11olicy Act. 09"1110011k; for preserving anti anhand-Ing Mir Bull. 216. prcl-41,1,!olls are tit iltrioininhol Ilk vi.:%%. elf Olbs 11.11tial tlifferences be- tile environment. ace 2 Cat.Adivs.Co.te 29tot linto, of private parties to) file environ- 141 ifeneral tvaural oct Hold like Matto KIM- at Mail. monial statement. 11573) 61 (1.1.3t. M. : Seoul Ill it-le ". 111.11 itsogl;elitti that Low Review Cominentarleg R*nviraninesital Impomet, r rt for frivate V.dllillmo tplaiiiv Art el ar:!I1.,*I1Iir44 isful. r V 2 Ill 4-011 1it. 1 1 Is it( Am V41 also% lilt TyrooJects. Carl J. Sweetie, er 41.4110.1CIO, 4,14.1 1. .401olm! elf ill, etill- Aletolleftil0re of ariviroosimental Inleact ire. 1 1913) 4 HAW 11 slueent of the California L'sovircen- I', I Ir.-l Act fit 19. port requit J. 121. %%lilt 1.4-th fill.% '41 I-n-o-Irl(ION elf tilt, 2411110 aCA- l'10111110i'll .1 Itcritill V"d -.I'd .V. I it 4111reolli-Ills set tilao, Mass [email protected] it EwollIll"k, I .-X Co.) I tit N1146' 6-1 1'")- . a m0fiv so( Nall From-lov.) (197,611 122 %;tliw Waler It*-Amorrvo C-014-1 lilt % Elf- too. 4K t*.,'L.3,t ',%'I. virillilikentill I'votectiolsk Al't-Itcy [email protected]:Oi5ll. "I'te" 101nanclal sletritiollest to state Of 1081119 a fill J.".2d 963. faveratile bill fOr freewav construction 1'ederal district et"Irt willild doblit'lln from exer6sisig ltq litriti'liction fill 4.1% .11 1. Ighill tic- C41,11ti not outw,algll setil.slantlid liene-fit of I son agalklAt 4.1ty Illosillit.r.4 .4 I'll)' 4,44101101 t Ity Of ftktkl ask.1 totlwrit for tit- ElIvIrolliklental Q1IJlll1y Act. and dell legeti to 41olil,lvo landowner of cOll,l(tinticem steel other residents residing In note of undeveloped real prolleCty. its land vicinity of tile project in asserting noncolit- use planning was a sensitive suclul Alit] pa- Ijilance with eilvirohniental impact report 11 tical issue Wk1h. W1111cl, state, legislature requirement wobill not Kuppowt defense of Mile 2 Thrt lot. of Ill view of fact that it timl exOiange lion challenging file valld fly of creation pel stilanhislint of cuOranniental Impact of larl I'cople Ill' and at, whiclo, involved alienutiall- by ordhimice, of three Informational oil statereient before alitioltal loll plan was,ap- -km V. floSIO granted tidelands. ILI Public vl'ol (1975) 121 t-al.itptr. agreeluC kit dredgilf'and landfill drilling districts without first Preparing roved, for aft u%vard at nitorneYm* (can 375. 47 C.A.3il 19.5, Ag e Is ;I factirred lei connection with tile spre a Leglaoullve listent'lre enacting thd 1311- agreement, im,filt-li r ease I were e.%'eCtIt- &'ill considering an eliviromakellfal Impact wotit4l Ila deoled without prejudice to t sea, viroliblental Talley Act to that environ- ad lie 1951 in connection %%.Jill harbor devel- report *( for an award of reasonable attor- or opumil. wel'a to proceed In..1972 they C01114 neys' een incurred toy thein In connection right to make & Similar motion In ilia Resented consh. (sratl0sim play Is. significant court. mince. Inter still. the snation Stich In- not .10 so WI , out approvals of seeretary of with appeal would tie denled by supreone role Ilk ilia decisiOn-I'lliking and ormy fin,l %viAiout elliesMeratime of J@MVI- court. but orliki court wotild be Ruthorized (I questions 'of IILW which have not tent ,, not to lie effectuated fly vague or 0( 1070 and,coastal to deternAlne If movants were entitted to been ofe0ded 1n California sill% which the Illusory aSIM111,11ces fly %tate jimd local en- rantuantal Quality Act ( 1972. It could flat 3n tile Zone Conserve lion Act 0 rea.9onable attorneys' fees for: services on soprerne court could not properly decide title$ that the effect of Is, project I ( ithgence of envi. uppetif and. It so. to fix tile amount there- without full Jitriefing and opportunity for envirooluelit has )seen taken Into consist- be wild that. because, c erution.. "findings" need a made roninerlial &,fully Or report In 190. that file a No 011. Inc. V. City of 1.09 An eles oral argument. ' .13ozung v. Local Agency With formality attached to Isillitatillerin in plan did not constitute a 'tisrogresers" %vithin 975) 119 Cal.llptr. 216. 631. P.2d 78f.' 13 11ter.lition Commission of Verstum Comely j IcIttl proceedings. Burger V. blandocIno meaning of exception to constitutional pro- V.3d 486. (1975) 119 C&I.Rptr. 215, 531 P.2d 783. 13 uil hibillon Q( Collat. Art. 15. 1 3 oil alienation Motion of plaintiffs. who successefully &p- C.2d 482. Coll Ity (1975) jig Cal,ttptr. fiG8. 45 C-A.3d of tidelands for a, sinall Iselleficial ext'leallua Pealed file dismissal at their suit to cone- 322 1 ficsolution or board of supervisors ass- of lands ree lifilied In course (it public Pro- modification InOtel calls- grull.I ror harbor developon6kit. (trange 21001. Additional legislative Intent proving AvIthant V. 1-febri (1973) 106 Cat.Rptr. W. 80 plex project and merely stating thlit, ilus Count The Legislature further f1mbi sond dolehires that It Is the liallely of tile state to: boar,l hall fully considered tile onvirsin- C.A.3, 691. Incillat Illipact repnro. without rercrring In I-'nvironmental linpuct Statement was not clearly adverse environ- rettkdred in connection with prOP004,41 core- (it) Develop unit litillittaill of, higli-illsillity senvirmillient now 311111 Ill tile futilre. any WaY to this Inted out by report and fitrucilon or is bighrise hotel. %%-here posmilt And take till section necessary to protect, rehabliltat . and enhance tile envirommental mental effects Ps' that there wor over- for construction was Issued prior to effee- In tie way stating sec 0 ct -0 date of 1972 allierltillientm to Environ- quality of tll*e 411te. riding econottile or lot values a( ltroJe tit was Inalle(Ilutte ftild mol. in colullilance Messiest t)tiallty Act. San Vrfincisl'41 Man- ning and Urban ltelle%val ollvej,n %*. Central M 'rake all nalim necemary, tie proviele the Immilile of till,; state with clean air with law. Id. JOG cal.111dr. 671). 11) Where department of housing slid coil'- I-eirolit liureau 41973) and Willer, enjOyalt-lit, lit neldhelle natural. sc-ellic, ;Intl histarIc environmental developlilent received written IeF- C"is.1a %to. . Intently 411111111104. and freellont tribal exce-wive flohit. at advice froni Atiorricsol Ueneral to tile %%'biwo puldle 411111111-4 edelur"Ite1011 Slated effect that permits Issued under Moblic- toilet it Ilitcn,lell to atlopt rt-pulattono; pur- (0 Prevetit the viiinlimiltin of fl-sh nor wilillife specles due to iiijtii's activities. bonka llarkii Act wore Subject to reittilre- y.%jans, to equality Act 11 lkleo(s of ilia BaivIranmental Quality Act- 21sitl2l. reginfring all 11"I'lle agencies to* InstirL- that fi.%Ik allil ovililliff! Imilloillatt(um lit) not drop below self-perpetuating bill then Issued Permit tvithout environ- adopt procedures (,or tile, essilinkiii-n tit proj. ' oriental Inquiry. and where UpOIC11,11t. Who :cta tLad tile pris (,it ral. soon of ctivirontnerstat levels, unit lorc-@;vrve (4,r (tililre gvm-rallom@ rk-pro-M-11I al loll&% of fill plant and animal had waited four months to Ascertain Impact reports, and Indicated that It Wfulld C41111111111iltle-4 111141 r-liallilbles 'o-f fill- maj-,r Iterlook is( Vullforula history. whether settle wout'd retittire city fluthOrl- withbold avIlAn On hill. -1 .kliwl for veriffl- (it) 1-:nstire-thal III#- bin.-It-rill prioli-411--lo 4 111#- mivirom' 'lit ties to make environmental Inquiries. then rate a( pili'lle volivei n". $.lilt nece:,silky tile shttli lie tile guldifix Incurred $40,000 Of expenses In construe t- for proposed po%ver phosit u1sill hill-11 regulft-' CrIferhm.-Ill Istilille ileq-J@Jojlls. Ing the park of% Property leaned fort In- il..am mere proumlwif,A. un fmki* bV the duatrial, file State was estopped y tile vIli.resile .-ourl .1,11611-ciliog III,. conliollealesn. .(ill Crealot final i1millf.1101 visnotilli-tv; mider tvidelo inatt and'uttitire close exist In ,g tile to$ s0opt c4iso-f- %%:Quid Wive prothit-Ilto barini'lly too (111till lilt- mot-hil and a-s-mmonic rvi -oil rements -4)( lord-sent doctristo Of laches train regelsid1%. pts ,. I Ir if"#$ 4 1 by the permit still preventing further cons k-I %voill'I bavd. to and Ailitre geon-rillbsow. I of the mobles ljoine park. VeoPle v. I'(*- b-040 JOUSIlIff and C0111111111111), loll, lot V..q.tfail,m of powerH vilunclat- Iff Itf-flilire ill opellf-It-s lit fill level.. .I its 414-Vel'. landlords and partment of 1 15 1 .A. A m " 1, 1cit.-Illitilml. p:11viroll- to s V010111IMat (1915) 119 "floor' 21;4;' Iwo# "do -Itllil.-o v. $,uldlc utilities 3,1 185. 1 1.. lirm-s-41tirem isere.--sery Ito prolvil 91-10111'p 11114-11.1-1 1:11% WITI) loll; 041.1cpIr. 31. 505 -1 .4 -1 ronslib- -r it factors L4 Igo Rvillsil - gill ugem-lo-m ill. till It-vi-1-4 I oul.111), A-1 P, 1-1. In 1. rli@ 2-1 A. 1-1:6. -ntal 61111111I.-r o.4 I.. Uff-11 I (sill. -.4 Envirminn. as vvell as 4.4,41114111th. load It-4-11tols-stl favior" fossil ttitig-to-root Io-nefll.4 and COSLO, lit %,. I.;F,l %, 1IM14 allisilly A.1 1'. 1... Ito .41101 furin- Intwicin- 11-mni: V. Iwr l.;4 1'. nffo.ol IWI.-A p.li;Sii.1-1 prolcelion Udditioll to Nbort-14.1,11k lu-114-flis offset 4-jlml..4 least its silo 4-1:11111 Ives to proposed '-of I., a n% 114,111114-111 @%'Illlljl list. Ica@ ... nal-le ."'Upe fietbills lifft-cling till- Wi 114 t'141.1ti-ar. 2112. ..J silo. .failliol'y lzinguago.. 529 11.2d 1107, 13 1* T-1 2!1. to( sttlert I)( Alontt (Addvil by stal".19711, t-. 11:13, p. 276141, nee (Jotailly Omni%; 419721 till Vi&Uldr. 761, List, 11-24 Act was ..o (.4,11"1 .11414ite, Jet- 11119 it V.3-1 217. Law Review Commentaries dicial anot bocrpeceo Ii,-n or E;ivironowntal Impstut res-ail %%blch wax Valil"u-nist Qualify trio I sit tons 4 Moviraninenial federM cIVIVAntiAll I, I- nullifirify (II-A lei re:-loonso to or,1164 lit ilia cotirt %van signifivant effect or piolivr pollution? ijklolity .%Vt. Jon.1 14.4 1.01 J1141hillktitul Of Pro- In In terprut Isis. Valif,@rollk iti'l. No- 011. l.d...11vitsi un-1--r 1 21111111 ei seq.. where It' (1571) 5 Ilacifle I.J. 26. r4Ans.!n -Abb-h rc-uree isimne), finds nee- one' V. City "I IL"' Alw-bm (197 1) 11q roveredl ih,mo mattern %vl Ii0i lim court Duty of iiiivale parties lot I'llp. imvirmi- #,14s,try is. a ofsirt,# to.-tit sit ntatule. No 011. Cttl.ltptr. 34. StIli IN. $U-mviol it. hav.1 V41p4olliti% mentill Statement. t4513) 61 II.I.Al. In.-. v. Vily id I.-- Abolpolus (1914) Ila cal. ill-nulne I---$ %- vi"notly. "n-I %vitcre It 11140 pledized that It. '_-J V.2-1 -.6, .1, W-11.- Xsa..r I ...... irev.-s control bourd ban Crossed wheill, Ili- u-sil--r -11.4frict would 1.114-1111re an Adill- 1. In general sued arive. graill of m- I-,uilt III-mal di-lialled report I& ore making any Guidelines enonblielbell toy alftle remour...'m -Its,- o'llh-will. lit 81,14-Ist tile regll In field vitriskIWP. Siff"I'l-A Ih': its 1sror#-o--l %%-file tim ulternallven agency. which tn,-k s-M-rt look Vs-l-retor)- too. %V1111 Fish & G.C. 1 6937. res. of ...... Illt@ and whet1wr lik"IhOl'.16 lose (ur- 1073. wero liot opposed lo-Arwo-, tvaies, api-roprintor to low list$: chilligo Wn4 one 4-14%c- Ilwr 0"J11,11141 sitt'll.-A 14,4 Ili file environmere- tlecl"tmw if c,mrt, or city r--towil t 4%ovnivr through a slank for oresorvil. ritance or tit gront tott,AmtWil r1rhin md till Imposes otmanclitind with Say water mys- before Ktibleallwa Wells Into 0.1fell. 1-111 soon of floth below suet fil pm.Atty. Previously bestowed 6111.14.1 11.4'. p4.16,sit 111111 1.-1.) 4-oll-I410,11,11 Iwywul thli pri-.qenilv@to his coart mode ll-e of gill, Icljou-d tin to Iug- 4J.-It. t7l. 11-21-7-1. variance, procill.ling m1m::.ary J11.1glowlil f--r 11104-riali.-I). 1-:11virmillient! I n it )t-(C Me Fund. Froper(r .-U1111-I'm -4k 1, -4 wit.-Owl. It"' V. 6'01-114bb- 4'011001' W11111' 111.4t. (1072) 01-hig sindo%vowrs "b.-e uftswk Pit con.11- lilt d'al.01.4r. 711, '..'i C.,iAil 141111", 1 11.,io swumil ;110 visrialivot %%1I.,o 'I'lle t's'lit".1-Flia 1-:11virolum-floal 0110111ty CHAPTER 2. SHORT TITLE .v no-11c.4 1.10 161111:111mim, were villille.1 to Act ton-I Ib,e Nitilonal Colviromimotal Ilolicy Nitkil.-soge vall.lily $of zWke --future for fJ�II_ lf.i stilt M,o in cmit.mut ;.n,Vs.j rewirly See. ure tit c(onlitly %%Ill, I:u%*Ir,,lluu-llIslI (Iiinhir libalsolval in wt.r.1.4 #h;J j1pli.-Ull J1114.1'rict14- Act.(Itawerilml , -met' . IImi (if fe-leral faw U, mrtawly In q ( Ilizens to( I'silm I's 2 1 m7k. Cit. file. V. Itiver.41,14.. ("'unly I'll. so( 41S.4-1,11111. In.mijilig got 1 21111jil (A twq. 1-'nvl- (1974) 11:1 Vid-Itpir. 32h, 31S V.A.3-1 2.57. rwoownsul IWfesive V11041. one. V. Vd,14MMI'le chopter 2 added by Stalls.1970. 0. 1433, ji. 2781. 1. Lacbe.-i Willi not a I,ikr It, eminty'.4 action County liti'afer flist, (1972) list ('MAtpir. agultist city mWer the Environmental 197. 2,11 t'!.A.Id 01. 11)4 Cal. t)ujillty Act to little. city.m extriocilon I,( imb- floor. 714. 28 (:A-341 512. 21050. Citation 1111111trO W81Mc.4 fl-oul WIlbill 111,419-111. ('4011111Y Tom p1sweil; isof tilt: allies! waler rem.urces 411VIsItitt- tdialt IM kROW111 flood Inny be- Cited aFt tile lp-livirolittlelltal 011rolity where. Inter Isola (11cre wa-i no shu"Ing at contri&lsoar-l unit the regional water quall- prokidiCe to live @iiy toy delay of soone four tv canlrol boartis ure not an Ifinfled and A cl. of 1970. years. both parties were public entities In I ho %. t only call. but must eonsilder, the Ililglitlon sim ill which tile le0tiluture fiat] cirf.rifnilof it proposod 411tichame upan sill on- (Ailded by Stats.1070. c. 1433. le. 2781. 11.) declared a cleur unit I.I.,clim of Ibli environment. 51 llelnwAtty.Uen. I Law Review Commentaries Friends of filanionoth: Vox popul I Or lie Interesit, send there. was it vis"t tlnl@ 11 li r Ju- In the parulallort. staff. budget Wvfier- search ant Planning resources avalla ble to 2. Atiornely fees dicial social engineering. (IS I I tile two entities. in VounIT v. Varty Alotlon of nonprofit corporallops. which done L*Rev, 131, (1973) 1 moiler. sW, 22 C. .313 795. had brought se, successful mandamus . ofa- 010 CHAPTCH 2.5 DEFINITIONS I. to fienerat to, M1114-11gla t-11), comiell had adinited a re- grant @@r ii.ii:v uppuZ, Sun Soo. if t zfer;zeg Uvelo "Ill' fit pfull %videll included eight ort1j;sunce !o liel'sult confilruclimt uf Infam- 21060. AtfpIleation of definItioliki. 11101111 flocks within control hominess arca %0ha diabdivislon awl sione change wait ng.t 21060.5 PitivirountenL envirteninceltal 11111mel 14111ttinlent. wbiell ths@ apisreived I'litil "Iter 'I'ti-tive -late uf lirovi. department Air hoti;lllg and urban devel- Wan of 1 21169 validating Projects w1aell MIMI. Unvironmejital Impact reporL tepolleat Meet fib connection %%'lilt proposed Were tulderialten or '11wroved before pl-ovi. 21062. Local agency. cullt"act for "feeling 9% fourth action %,car of fil4b" ef(cclIVO date and which did root 21063. 116fle agency. forbade renewal. Und which sleety dl@cussed conalily with Act. environmental impact re. lite rikilliflentions of relleveltitiment a( a r,,rt was retitilred fat- tiroposett proJect, 21064. Blank. three-block tie-ea. wola, ni.t tou jjjjrr4Sw in eolwfe v. KLI-11 County (1974) 115 Cal.ltptr. =,,%%'here there was no guaruntee that 67. 39 (.A.3if $30. 21065. Project. (fields wottlit its nised toward rede- I@ Veloligilent Alf tile algill-block area. and -van I( tile county was acting illegally in 21066. Person. where. witil the addition of lite three-kilteek rengoving troes front public stree 1. 1. c.. be- 21067. Lead agency. area. tile central lousiness dilitrict of city cause tot tall"re to [lit- tin environnienial n G( it et report, such failure did not jutill(y %VotlM Ise sel(.1itifficle-.111 with excelitto d1elicifutlants, obstruction of esi)crallon of ilia- Chapter 2.5 areas added fill State.1912. v@ 1151, 2211. 1 1, urpenCy. VIA Itlaik-finale liderkilog (acitilleld. Citizens clilhe enil)loyed to remove (recs. and. thugg. Against I)esirntilten elf Napit v Lynn Ili. did not Insulate defendants from a conilo. C.1973) 391 V.Still1b. 1191. title) tj( obstructing it litildle wly. 1100 Dec. 5.1972. %%'here swe annomwed astay that It felt- Alan (19 174) 114 C'al.1ti-tr. 23 . 39 A.3d -41 a fre4nvay (!lie V. Law Review commentikries 11111%,44), Intendi to com.411,16et Compatibility of economic anti environ- Land development #nil th"i wrivironplient: along if telifiklive retille. anti 141111 wam fib lot% mental objectives in governmental decision Subdivision Allege Act. 41974) 6 114clCe L.J. 11 proce3is Inr Iving ctinquital- Wher,el, city'a groundwater extraction making. (1974) 6 Pacific L.J. 92. 55. ti'll) wit I collintio, delay 11 ,life fix- rroject Involved a o-ontinoted onadificition of foltnt" tr.r(IC 1140431.4, JIV801110111- re Its C-011.4tillitij lncresite4l Interetalty field %fit revi fled) e f actual It"41 lorojected Frotindwater ty dif ftnuling. Send ill. areoit r4just. - Ii,o j 21060. Application of deffnillonS slon fit ullgoijit-nt gratle and either PlWflical "Vill', awals send it lippel4red I lilt contillu. Unletis tile context otherwise ri4julr". the definitions lit thlia chapter govern tile features site A,-,I[ its rwitzlilersition '.I, elivi- since of Hubsill-fif.-C. c-xti-t .kvildins InIgiat have roninentill file-[ blinian linpisets, soch o1r. it new telgollf1-1111. effiwt tin tile environ- COUStrliCtIOll of 1111S 111VINIon. enni.1tho-1-24 W.'rit Illsol'(1414-111 Ili Alf Inefit, sand foods' ,.4 I I'mA felt- . I W-reent I'( tile estilliated (Added toy StAits.1972. e. I JW. 1). 2211. 1,11, oirgi-stry. a4f. ;5. 1072.) Wig for coinjoetimut tot, citlet-t- lie illifilli$-.4-sl or 4-st of 4--trurth-11 tot additional wens lead exi-son-led tal)PIng and in Off UIA-11041 (0t jliVVF,1W III 'If the underground water. Leglalative intent relating to Stotts. -1972. thes, hitent of ilia Iegiplisture -in enacting 1.1811111(fil, I-n-1.4-orly wideb wigs Joy c. 1154. p. 2271. see 1972 A.J. 2020. Nei-Ilion I of illibi act.only to declare an to Vessels- pillown ..Is . 1,111.1isdie'l Iffill.. -11l'twow-A lbrior to (be effe,tive Section 17 of Stats. 1972. c. 1164 1 4 1841til elf 141.111,11r) lies.) ifw Cost 011ality Act. was pro- clarify exisling.law.' C vided: "'rho Legislature finds unit tl@clares ritsile. sollith V. 41,#,. 1197'.) C.,:l It r. re-lagiring tile filing that Section I of this act lip fritt-nded to Low Review Contmentariefli 7 iti. Lip 4 I_%. It owto.:"" I Instinct report. inyce clarity existing provisions of the 1-4 Iron- J.1-Kislative to.-vietv. (1913) 4 Pacific I.-J. Tho 1.11 vlo".11161. -oil 0. 111.1nis-1 1, "--fill % V I M 11Y 1:67-3) If's 1*,tl.ltttr. 377. 32 1v for,-% 1.1,- @1,1.. ,:Ali,.." montal Quality Act of 1970 and thereby to 161. 1 facilitate avid to promote uniform adailids- whirl, .-111614-4 itww I.. li'ah.. 1, 2. Csoidence tration of the Env Iron often till QuallIK Act of Library drefarermccal uhl-,Is list. 111g, ittiv U-1tv.,, --f at.- o to- 1.011 wi, r%alov.- *Ill.. lid.., elf ot.-Verlo #110 1970 throughout lite state. It Is t erefore ifeallh edged Caivi.rainnient.4t=25.5. ti,.sl of all,- loild f u--III I., f.. 11.-1 11. able 1k-4 1-1 is- 0.11 vnvi- 0 21060.5 Environment %. ('61% 8.10.1 Xtud- .197.7-1 J!.' V:sV 0- 1 .1 li-.l l.i &-I,, .!It :.11;4. Iwd to tile laid-ollin fill- physIrld uliff-11 d-VIq %%Itlllft the arom witicil II.it 1. 14 4, .%. 3. 1 1, 1:111. it.. % do ..11 1... ... Maldo anti fic- will I's- Itfro-4-1641 Ity if lir#jj-rl. Ino-lojillin: hotail. air, wnit-r, nilneral.4. flora, v.-I'ws, 1.11.1 M.--fe 1-1 . I -11;'If .1 : 1,0:11W! . .. Venter V. is Wiso 116,1,1-1 #*..$...it i1ov I 1 4 .#1 , .311cifict) (1976) of*-,1114-114. sis.11116-11114.4'. ..I 1,:,%-- 1.'.! 4".) 1:1.11 4. .% A 111.4'. iiiiisil...r uh., -04 At,-- I alop.-Ol its 01'. .'s Ill.. 1. Stsit.cwtory of relmri Law Review Comment.ariell Literary retterienceps of 8.11cf,4111 w4g.- I.-V.+1 add, 1:1,.. Tow --f lot& -ttvir-inniental tin- 11111%04- pilell.." 6, 66-f V40--to- itself 11-dat-ex filvrin. Ed.) folaL.-IM I&#.. of.a I. ""' 1-14.1 v., I's I--- I-j-.Ws-A Its light of tallunt. 40731 61 4'. . I (61111J.. lw-k Wit I., . .!W it Aside #-- 1 1. 1. -*Id. . I-ro-pstrallon of 1.0 bq-.wif.@ its p'.4 J.avatvat I,( Ito- 1-:11t; If "Oll-1-111.461 to 1 21061. Envlronmefkt@l Impact report Ilw fill for retildin of I's ill 1'.10011 I'lle.1 Monte Vilich 11"t Kilt k I.a.-I-41. do.1-1111, 'wa$ 11.1.161 ..It .4 list. hispact ..Flivirohniental Impact relooyt" o1palik 11 p4als-1114-lot 44-1011K florill #he Imit- ill-ing Ifew 61141a tot Slut A&M-11111116 A-( t I- file- -m I I--k for a4le- ters si)(mifietl In SOctioll 21100. It toorifilloN silly ('11114011#-11114 fill ilia enviruninental A,Iit 1111kho-ro. All: Ili 1.11 11151.1ket , 4111111111mi lourpinallt too. Serl,hsoi '-'I fall ill' @_11 153, for w hich Akre o1ty if( 1.41.1 Ang.,046.4 41:411 If-% ;.If-$ 4 O.f N$in inifoact rj!port which al-L (1.11111 do-C114hin IN-5 A M. 111". v ,;:.IA Prislivis'.0 required to be obtAjIjjj@4I to) 1111.4 flivisidoll. 31. ,29 P.24 fid. 13 41*01-3-1 Ghl 1*-1111111111 thist It IN V.A.- agetic), 41--terokiloge, whellwr a Ail j-4.j)jjI-t IN site lifffirlitallonat dilt-111111-111, %V11101, when Its have Figniftral.11 4-fivin.1110I.-Ill:k 11sq-:1.1 ill.1 tfills whelher 4,11VIroullwoll Oki list$ o-t 1... 4. C,ddtr-ejenejft COAMPUfattie"Al ilreparation is regildri-if fly 1111-4 division, slifill Its- ley every joulolle agency Is ri-qtdr--d port prior tit fix jolploriovill or,111-4.111111-41 vIll lit 11 IsrooJej-1. 'I'lle 1101-116ba. for till 4@11vironowntal ect and hillifiedly lk"l-1111k th:11 all-- Tow iflyact report on file*- tioll A( ordinline.-As 04 %%Illdit, add. uol. not incomplete for met luillact report, 1.,; 14) Ill-0614. 101111114! ligeneies wljjj@ 414!111114-41 Illf's)rInat 1011 allilut t llie (gig (of .%..II;, of ...10:11IM19 vlwt-helberit (@dfkll fill ta I lolls. since effert Which it 111-411141st-41 proji'l-1, I., lih-l-ly 1#1 lined, look ille 1.1ktironment; to list wayn active In It., 1:.. -.1111ml! %* lt... Coril-oll,11,11ital Qtifelfty Act nor jt,;jr.j of N:Owtull i:nvirmusiental Policy Act re- In %vi'lulk $lily litIvk!"M! 4'ff�4!ls 'if sneh it probjel-t 1111glet left tell llillkl;'A,'tl *. Anti to flUggOSt I Cowl alternatives to titich it prilp-et. 1197.7.1 file 1*0111:4,01. it 4, of so -holiefit ratio; tjoi:ilii. A. 1. idea 6w.-Isil. title Ilkey aro (Added fly 8608-1072, C. 1154, 1). 2L#71. 11. tirgelley, I-((, I)&w. 5, ltlil.:wl 1. 0-1 Ill-it I-- is- 1'. lite ho- N.. 4 oil. I.j.-I - else. .....Joe ",.o O."vidogy ; gig. -'rillwimul Law Review Commentaries Inaleal'to Notes hw. %*. 1,16. elf Lon Itid Cill. V.w.# %. Cie% I.S.'t of Still I Ditty of private parties to file environ- Itio!r 31, 51-19 11.2.1 (.f;. I I I _,,@ I r. Pw. is I I.A.3.1 f.H1. 1-41;4 that r-.dw 1.,16 "1 vies, 4".11114-11 ."Ir. ..( till-1.1ri coebmatiml--got "dental statement. (1913) fit C.L.It. 559. In general I Oust 1w 14 114110 ..Jglki to$ -WV6.11 atilt Welded A.( rill...6%imors 1111,111-oving cobvi- MobvIroolikental finifac t otatementli ZO Ilia unit if-W-Colit hooming. (1973) 46 Colit-lienelit computsitfons 4 conk -elle.1 C.'ri.11I.Sion lbal. With resped"t 10 1411bpalvedial 111111"a-l avloort for tile-lbart exPan It. 754. Evidence 2 oif (I rilling two.lert. city,s. use tit orronconn P-1--to hb-itiffle. e"I'laill 841verse ellviroollnell test which 1111111V41 om! of fill al fill a-firrill asset prit.Niseclive belleflin Air tile Librar f pidt,li-el. filed reflected tile .111111'.9110"t thief lybre arences Findinus 5 A. ri@port !it projects whI01 likay have Hen and Environment e=25.1o. "I'llae -if benefits porialit or jjjAjjjjf@njogjs jq(4@cj tot seild- Ille riwlid. econeentle onvironnient, Sufficl's'spicy of report 3 lot; -little!,) elf tile lor.w.lert. outweighed tin tilgiffificant perinithet'st. duration. anti which tlx(. rinits tance the retiollitioliell -esence of H.-polled itself Is.-toe" of, pill)- 11. fit 4 lie controversy as isro-to. no 14-41 till tell, exp(vtted "tile agelley*111 loode of arationr of. a report. constituted prL,judiclut analysis. they must be sustained It step- .abuse of discretion. Id. ported by substantial evidence. Id. 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RqZ95 z r@ Z so v X. 2 - ==.@ cc c. ep 0 a co co -C ft 0 -4 v .4 ;c cc M-2 w ir CC, Im r ID fj zc MC, C: z CL ID IA Im ar 0 tz 't is om eb to fb lm IN -7-a IQ Go it in lz Z. .6 F zo 51 tt cr 67- Le "M M= -Ir a:Q = 46 -C2 r &rft czzz cm CA PO ;cc M Zz eb tr - - m V -,CX C2 zm 'm iL F &A* 1"; :c .6, tr ir - - - = A; P ;rz ZE h: OR !t B T Z r- gab =P ur M.4 -_ - ;; (A 0 mc. *z 4 0 0 <- 4z=Z E ZZ C6 EU CL Is .4; :r cl t Z X v GO p r_ CL ?b in =,O V.0 =@ - 1A 4 1161, Ili% i-il;o illool till! gilillelial-s itilollied 1111rutialit 1 1 (Astribuilis in of 9,ullfvllnii@. a- flit; it dinelil s and chassfies.. Aullre* ,ar.V sol' 114. 114,81.11red-S ligelley sl;all prooviol#; for Ille it) aII 1111111le ligi-111,14,4 for lilt! glilitt-fint's ailil silly 111114.111111kellis for chittigs-4 Law Review Commentaries In addition. tile 14t-cretury of I Ihe Itesourees Ageacy fully loroorlde flor Imblif-at ina), -.( ptivate imrildti to file onvirion. title W IM-111:11 .4tiltelliclit. (19?3) fit C.L.R. 559. it 1111fletlit tie proville fbillille lifillt-0 (if the gioldeline.4. for fifty or ellulige.4 fillet lit file conlilletion (if euvirman feted Inaliact repor(s I 21oflil. List of exempt classes of projects prepared lit cut%%- plimice %%-file tills divisloii. The guldellaws prepared and adopted istirsintitt to Section 2 1 W3 shall Include a lAdded by Stats. 107'-1. e. 115-1. It. 2272. 12.3, iirgesicy, off. Dec. 5. 1072.) list of.classes I)( projects which leave been fle-terminti- Iit not to have a significant Law Review'Commentaries efftwt oil the envirounient anti t0ilch sbult lie exempt from the provisions of this Calffornla, Envirtorentental 'Quality Act@ division. In adopting tile guidelines, tile Secretary of the Resources Agency sball significant -effect or Paper poll4tion? (1974) 5 Pacific L.J. 26. makio a finding that the list or chmsiticatlo" of projects teferred to. In this wtion do not leave n significant effect flit tile environment. 1 21089. Fees (Added toy 14(als.1972, c. 1154, it. 2272. 1,2.1. argency. eff. Dec. ft, 1072.) A pilblic ageney fully charge and collect If reasonable to-(! front any person prolges- Categorical exemptions. see 21 Cal.Adru. levity fit pri%,ate parties to file finviroes- Ing it projivi: stilsjt-ct to file provisloas of till.% division lie order to recover tbo Code 1510 at tseq. mentitt statement, (1073) Of C.L.It. 659. Friends of hivernmoth: Vex POPull Or Ju.' estlinated vo.,4s iikeiirr441 fly the litibile agmacy fit preloaring site environmental lilt- Law Review Commentaries tilcial social engineering. (1971) 1 Pepper- pact reluort for sitch project. California 1,mvironinental -Quality Act- dine L.Ray. 137. significant, effect or paper pollution? I Land development and the environment; (Added by 18taf.4.1912, e. 1151, if. 2272,J 12@3, urgency, eff. Dec. 5. 1972.) (1974) 6 Pacific L.J. 26. Subdivision Map Act. 41274) 5 Pacific L.J. Duty of private parties to file environ- 06, Law Review Commentaries Infirstal statement. (1913) 61 C.L.R. 559. Ca,liffirrild 1-:nvironnienial Quality Act-- I-Inviraninental Impact statements. zoning Il 21085. Designation of exempt classes of projects; emergency repairs lo public sign ficant affect or Paper pollution? red low-cost' housing. (1973) 46 facilities (1974) 5 Pacific L.J. 26. It. 764. All elaws tit projects designated.pursuant to Section 21084, together with emer. 21090. Redevelopment plan doomed single project gency.repairs to ptibllc service facilities liecessary to maintalte service, shall be For tilt iiiii-litise-4 tit tills divisloll till 11111111c had Itrivatte activities or undertakings exempt. from tile provialotut of thl% division. piarsitant .it) or Its- tiorilit-ra Iare off it ri-develolitnent libile, Rhall lit- da-ined a single (Added by Stats.1072. c. 1154, it. 2272.12.3, urgency, eft. Dec. 5. 1972.) project. 1. In general (Added hy Stals.1972. r. 1151. is. 2272. 12.3. ni-gl-licy. eff. live. 5, 19;2.) Datervoination that a project does not Quality Act'or guidelines. must take form require an environmental Impact report, a( 4 written negative, declaration. No 011. 1. Intareenlerat losve solo stignifiriont effert #lit i-nvironviient when that project Is not exempt (roost an- file. Vi City of Los Angeles (t910 118 Col. IIe(I neoss of Envir4mmental Quality or too flit only onlailitterint. Plan For Ar- vironmen(al study under I-,nv lronine vital leper. 34. 629 P.2d fifit Act camitit lie levolded it), rhopping kill lards- clidla. We, V Aresk.11a.Vily Council (1974) Posed Projects $"In bite Size peace" whiell. Ill Val.144r: iefi. 42 47 A.34 712. individually considervil. might lie found to 0 21086. Addition or deletion of exempt classes of projects; procedure A Imblig: agetivy tuny. lit. silly #title% retlia-st.lhe addition or di-letion of a class of priiject.s. lit lilt- list designall4l luirstisint lop Necilosa 210-1-4. $uch it refilit'st be 11111de lit wrifiletf If# Me Offive fit I'lamiltit: anti Ilem-art-It field Atoll Include Infor- CHAPTER 3. STATE AGENCIES, BOARDS ANO COMMISSIONS 11181(loll silliloill-flog fill- '14111slie aitt-liev's IsnAllilit that stich claq-4, tit project" does', or dis-4 jew. havi, 11 signifirmil effee ,I till flit- etivironnient. See. The Offirt. for 1111111111lig mill Ilf-o-;IrA-b shrill review eaeli stich reilstef;t and. as soort 21100. Hoviroontrultil Impact reltort im loroluiseiI state projects. as Ilossible, 1411.1111 'itibillit It-; It, tile Secrelary of tile Itesources 21161. Unvirome-tental bolooet report tilt lirolowwd federal 111`41JIWIS. Agency. FoII1)wlllg Ib(. 1-4,4,illl off Kill!,, life- St@rrefary of theite- 21102. Iteqtu,st for for aidborizallol, or expellellitire tit slalenient of effect solirceti Agency laity add or its. #it projects tie the Ilst of cl .asses of oil envirosilivelit. projf.T.14 flesignated IWIII-sould. 141 S44-fitill. "110@1 vVIIIA-1, are I?gj-llllit from the reilifte- 2110.3. Itelveill ed. meats of tills divisloll. 2 1104. ';title agibai-Y, 4.1)ll%' fella I It sets lorlor lit comidelloa fit lenlooet ro-lidort. The addition or deletion tit a chisn fit projecls, am lbriwidt'd be (1114 11P.01011, tn tile 21,405. E'nviromuctitat Import ri-lotort. Attiol clinimi-pis as losert tit regular project rq- If.'it slWelfied lie Section 2141,44 tiliall colefilluh. flit alliplidolerst to tile guidelines Isort; nvitlialsility lit lo-gislaturs- anti gentwal I .ouldle. fid0l)(Cil 1)11".41111111; to Seellon 2111k:t allfl ed,1111 lot. flitsoliff4l lit lbe nianaer prescribed 21106. Ilegiiiest of funils its leroltWl. mivirotanveit. In SectlosiN 214KI, 211IS-1, liked 210K7. 21107. ltellealedI4 (AfIdd-41 toy IiI1114. (!. I Ifki. 11. L,*,7-'. 112.3. 1lr94!Iwy. eff. Doe, rs. lf)72.j 21108. Sinte agenvy. hosird fit- empeiiisslon. approval o0 determination tie carry out Law Review Commentaries - proji-vt ; ittillre: rimleniti; peddle Its-qm4-thou, posting. "'Iff"131111 (I'llittly Act- IWAY of privixte I'sirites to file envirnn- "Innificant eff.@,:l ,r I'll 1.4-r willoti.in? mentiol statement. 0973) 6t C.L.It. 559, (1974) 6 paclitc 1'.J. 26. Chapfco' 3 added by State.1970. e. 14JJ. p. 27RI, J Law Review Commentaries i@rleeiii.,, #or mitionvitoth: Vox popult or Ju- Ill 21007- Revi(swal of guidelines; changes or amendments California Envirtlimtentat Quitilty Act- 411clat tweittl 4-ngiviet-ring. (ml) I Pepper- significant effect or paper pollution? dine I.Itev. 137. The Office of 111,111111fig fkaff Itesearell shalt lierlivelleRfly reviciv the gisidellues (1974) 6 Pacific I-J. 26. Inod di!velopoikent anti the environment: Con-dwl zone enniongement:, The Califor- 8tilidivis adopted plorsilitilt t(b s(!Ctlibli 21MR3 and -'hall rectinimend prd)posed ellanges or amend- nia experience. Robert 11. Krueger (1972) 66 [on f4ap Act. (1974) 6 Pocific 1-4. 111c"Its to tile Hecretary of the IG!sotircel; Agency. ('111ingd-s or oniendnimitF; to the 47 15.13ar J. 402, kotice requirements to parties outside of 91"41"Illics sh"ll be itd(WtOd by file Se cretstry of tile Ile.%oureps Ageiicy lie the same elty's zoning. (1973) 61 C-1--it. 697. Innimer as Ilrorlded lie Beetion 211W for the adoption of tile teriginat gu!dellnes. (Addetl I Stats.1072. c. 1,151 is. 22172. 2.3. urgency. pf ). r 21 ly f. 1 1972.) 100. EavIronmental Impact report an proposed state projects Law Review Commentaries, All state agencles. boards. file,] i4sonials4loitif shall prepare. or cause to be prelvared California Environmental- Quality Act- ailnificant effect o paper pollution? by contract, and certify tile cossildetion of tit% etivirountental Isaltact report oil any t74) 6 ,&elfle _,. ,r Underline Indicates changes or additions by pmendment 9@$ P r nl, @'_' s- > Z s -S s D CL r cc '2,Z CL n Z Z.; Ot R =5_ i - = 0 2.0 -4 t: %C M z CK2 '-7 cc -7 rA_ 96 Z.;T :s ;Tl'_1_2_?Z'__.__:_Zs 7!:__Zn='_ VI PA a a) =-Zp _0 -7 j! zz =1 Z 7,_ 71, rm 'Poo Z.@" e. - - - - - - - ZE 0 Oc -.R i-@ t-- 00; 00 eT C7.. -*a., tm to 4 ',;r m 2 m =z ct m 7. M z =1 fi tc-_ ="z - @_ ;.r-_ :-now t ='T a c z -C Z-a S. =- a 2- las 3 r-E S S'E -r. 40 ;r, -Tel aw IC rftfD=o @==!.r 5'.tttno + Z. Z' MC* _0042 po eb ;v: ;p SP to Zr EEL- ;7 M f. 72 4.r m*, F: =7z F do @_m Z @c ao- -.4.00,RF" r 'jW 4. 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IL Z Z, 3, 14 @K I > n _- 2 0 SZ 7 O=p S fb 14 12 q r=z cr EA _014 z V eb 0 F T Z..t t C6 f, =Z 7 F 2 @7a@v sE all mo lc-=A-(,n -T M it 10 4so -zn=,- rt no 10 Ez _f: E Z ("CA ep m nN zw=N0, !i: to Wv ==n ti z Zz 0 V -Cp C' N -tin CIO". vt NA Z_u 10 F - - "V 9D c %c Z=M; G Z w eq =-Bon 0 __ "C vt Vc 9 5 UQ cl c@ tb .5 z sm m-z*ft,; 7,2 55 m --o E 2 s cn 2 Fm - B Bit n pr= r --- ` - 10 NA r no , 0@'" @ IM ZZN m fb-* cc RR ob z _=N=Rl4zz --p 0 m Er tb G WGZ_ ip IN nz;4 @zq =M C= ;;zz @5.5;.:O; 05.5=vi X --Dq 0; F E 7Z. 2 ft F; Z Z 9=Z P z @FOOB.@_ -4 z Z ZT m N A so 7nz c; o zz 7.1 Z m 0 0*0 JT gon"- .r n m ba ft M- C ,z ft Ott _:q.c;;_C, z -lit z 7 ju lb MCC P D-Z-P= z no X :,t ;;. - c@ - " . l!'= E =P _9b 'Z m C VF B-Z _% . eb "Ic I - A ==I*n 21n Z ;A 'or-O pr S v tmv -s: 2 r. s 2 ='so m 0. A ;@ A ==-z 0 e 7r= CZ N 0 ;D a _;@= - 00 MC .Oct e) C. @16 9 z ;z -=q 7ft R =c ;;(b V-c ne, p z mFl --M so ZE 01-IMM @@62_ CM-:,r Z-z a ut M son 'm @ r_ ZP =w to mm IV I . et not" :L" 9- Vol ozr z r_ All isn't .11-.1 .... ................. ... 4- it. it 1-% it. lor,iptct - I hq% -I I WC ha too. I III r4-1111. which vitill-hit-A Utrtikirk Ititioell I-clore provislon's counly retal c 14 owtolatiag Illo."I onsivir fit- flons otherwille aaabJeet to Act did E t1un to opply arid 11971) 115 1! 1 e.11110 v. Kern volinty grant or deny a pill Ica tilti)e' to arnend zoollog; li#ock (-.I* which oil$ tod,slallti;sl dell-bottlit if was error Rb subliequently . a 1. 11 pt r. 67. 39 C. A. 3d 830. ordinance to permit construction of moun. r.-milt froat Invit lida t Ina). was cannot- if oisolve restraining. order: of% ground that 1.5 Grandfather rights tflin subdivisitin and zone change was not ttl4ional, 0),-licr v. 1,03 An9cleN Courtly project walk exempt. Burger v. Mendocino fillPrOved %"'III after effective date tit provi- % 197.'.) 1,.12 CEO. iti,ir. 46 1. 49 C-A .3d 3 1. County (1975) fig Cal.Rptr. 568. 45 C.A.3d "t)l 1911 AnthOrizlith-11 Its leatice 3",1 lot tills section validating I-rojecla t:rgency legislation designed to valklate 322. of cIty 11111.1 to denki-lish 11111141ing.'i on site oftioelful(roat .0 to kknv project which 11144 [keen approved arid 41 ustruction of cond ininixtin Itself was anti to Wilid At lie%% Imilding pertained for: which it perinit had been Issued prior not so separate froln demolition fit firede "projecir" %%Ilhin Inearihig of 9 214M.5 a "d comply With Act. envirorklowntal Impact rc- of granilfalber clause matter by I %vus -callosed to court decision boldlog that Haiviron eessfir structure anit excavation fin to re 1"ll't required for pi project. I -a a separate permit supported toy envi- twetimi applicalile to projects odarte tills 'oople v. Kern County (1974) 115 Cal.itptr. oriental Quitlity Act's reporting requirement quit it before 67, 39 C.A.3d 83ft. applied to private activities requiring gov- fronniCniftt Impact report. where there was l5ccelnll@r 5. 19721hitY Vver's legal final valid a 75i Itiendency of mandate proceedings. which urninent permits or other entitlements for no change In nature of project for con- Ilresnalitin v. of Pasadenti. (App.19 chAll se but which legislation by its terms as- structloh of condoininlurn structure from 121 760. eoged Issuance of contlithitful rise per- cluded cases involving judicial proceedings time that demolition of predecessor build- lVilere building peril), t was Issued, and fill( and variance, prior to effective date of Initiated prior to effective date of J 21170 Inc was nodertakert and excavatioll for new suit to sct aside perolit or hiek of environ- 1972 urg"llcY uniend"lent of tills section (lid did not violate e4riuial proteethin standards building commenced. Pacific Palisades Inent"I filip""I report Wfla filed bel'ore a(- not deprive iflialance of conditional tiso par- an it applied to proporied development ex- Property Oivnera Ass'n v. City of Los An-' fective date ol btatille valldaling project It It and Varht:ice anti approval of tentative cluoed from operation of legislation.,by gales it? Cal.Rpir. 138. 42 C.A.3d 791. %vithoutircilort. If. prior to commencement tract Inklib of I rotection afforded by notend- virtue it( pending judicial proceedings. Shopping center find parldric lot Projects of judic ;,I piocac-ding.4 unit utPul, VoIlsich validate" certain prior actions I In g"Jid (aIth Ituaninn )fill improvement Ass'n v. litiard, were private projects -within � 21 AS and fault lei reliai.ce upon istmance is( public front attack lot- none(,"' ill lik nee will, Rnvl- of Perroill. Appeals (1974) fig Cal.lLpAr. thus anytbing done prior to liectorther 5.* figency of sulcktaillial Clint; I ru'. I I's" ronnientisl tlimilty Act. where attack on 490, 44 C.A.3d,168, appeal tilanihned 95 S.M. 1972, the effective date of Act's amendment half liven performed and nulbstrintial Illibill- pernilt. vhria 11 ... I anti trilct niall was barred 2646. pertaining to private projects. will, respect fics (,or cmisirtictit,ro have been Incl1rl-c,j by HiRtula it( Holitathms and Inches. Con. Urgency legislation designed to save to public agency approval or tire issuance expen-111111-0 I-v, 11110.1" 1)( corned Citizens of I'Morn Desert. Inc. v. private developments from operation of of any entitlement for rise had been con- $14141.111141 bw do4oOllion of existing apart- Riverside County lid. of Sup'rv (1974) 113 court decision holding that Environmental firmed. validated and declared legally a(- nlent building flood excavation. flaill neces Val.Hplor. 328. 38 C.A.3d 267. Quality Act*,% requirement of environmental fectIve under express terms of Act. not- sars, 14) of skills- 3. Petition Im, act report applied t Ivaite withstanding a (aflure to comply with Act. (14:41 re-loiretownitt for Ilia tilattile. Parific with the exception of Otholosle Invaivreal)1aeltne Plan For Arcadia. Ine. tv. Arcadia City Palisade .4 1 tivi-lit-f-s AsWn v. City ol` Fact thiti. ganernI dernurrer. with leave to pending judicial proceedings did tint dole-1 Council (1074) It? Cal.ftptr. 06. 42 C.A.3d I@ks At?K,oles 119741) 117 (!ttl.ltlbtr. I V 39, 41 tomead. to petition nling-king villi-lity of up. gate or confer any legbilative function to 713. Proval of Ill-I'Vate Ilklid dev-4--pawrit projects The general publIc Insofar as projectA finder provision of thin section validating $van sustained prior to effective date at Involved lit litigation were concerned finel projeets %ifol,lo were undertaken or Ilk 2. Proceediniti; 1972 urgency antendowal at thin section was not Invalid nocrely because It pro- prove.1 10-forn efto-tive data of and that slolit"'I'A pittillm, wils it-it filed vided for Implementation by actions of lierember is. 1972. find which (fill not corn- 1%,herv ..Jr.%' conditioned approval (if plit in until afler V(f4-r%Jv4. dait' --f atorntillient did citizenry. lit. pl)* with fit#- Art. Act applies tit all projects I-or consirtietbal tit 1,1111.1ing all Info leaRttil not valltinfe Zone chilligs- --o gr,-on-I that no which pol-lic fig--nry rosins discretion to h.V city lift prep.1i ra I loot of an elf oil valid pirifillon. wni fit q-ffei-t an title of 1. In general approve or dl:@;sllprove jifter exploration of hillond-1 1-4-fid,ort, and itsitilit-neroi choase net it, it niell'i fill! to I Plotter Isill-ging It vall-I 1,1111.40 of This section anti f 21170 pertaining to nwral-,rioin l-r-wit-bonts. People v. Kern appear Ihe lotani sit directors anti fiction i-r rablititt it %oal.t I.."tte tind,or the private development-projects: which ivero Vottlity lVilit 11.6 Vat.11pir. 67. 35 C.A.3d ;'I'llcott Ill., rel-rk, 114-11thirwris fioll..4 i's eki- 1`0A. ninef. hoillal ra6vd for undertaken by authority of lieraill or H_ Ilwir whoin stri.itt,e alid, vh-billms #if Act %villdn sm-atiltig 14 aawfoll- cense front goverillnellial looolo, an4 which Vou'llfintial usti permit was not vall-lated having.r1l.-t, is, 1,4! ,ili,off v%*bj.jj Ill..v lald ownt and Is.liti..Is scl3iesi back 111.1 not comply with ..( 1-:11vi- 1w fit.. 1:4J, urk:o-fkv,. allo-notille"i Ad tills see- the right no-1 opp.-rionily to " I-f-:1k. pi-Il. 14. ..rigillat :44 1 ...... %..-ry wn.4 Mollght visli-10-- I-r-4. , ating I tionern cokild stilt N1.1-:4to &it 1. 1. - 0. nerat set ronmental (iontily Ail, tion valM. litate virs-3vets underlorkm I lit -.11 Ih.. fit 1.1--adistin. ..if ifw ias.w g eel. willell 11"I 14111)4-k . ,.( ...... effective dale, of how re-jolo,-1 Ilwin is, Iw sil.-lit. 04 f"Cool. to( jalm Ve- kind I, lirl-w ilk f.. V-72, Isn't 11".- offid.-or -10 ro.1180 flust lit ligh onto". V. ('fly of V-4--:14con fINV-i 121 twil. lto.. V. 1W. of slop,re 0,11twis #.I mwfi Jim.. f..f It. if v ... I visit; ."Aint: wat Ill-A effective 751), 4H.V.;V.3,1 2117. vah&&IJ"R tlalota 44 fittolikrrer waa bill a.,, rI'Its-141. fal"falosed food nall-nde-I patlibin %vas not fl. .I ko.w It lit (.or will. 1111411 after 44to-etivo date of Ilrozoncy 9 21170. Judicial proceedings In progress; effect which* loss orc. fact lhat denturrer was stisw Suit from v, IA"'A %it. fail -wo Ih -it, .li-avii ilk oroond. dill not inean fit) Seellou '-'1160 sliall it-if t-lio-rillo- Ise vomfirnI. villifisols- or gl%-o; 14-glal eff(Tt 1:0 fifty 9C M 34, 1, loroject. flit- legality of oviolvit ua, I".1111: 0,4611te'll-il In it J111114.1al 111-OX-4-1411lig lit Willett A. @Icn ("411111 CA 1:1-or. 11:1. . I% Ib., I ere wan no valid petition on file tie. (first 441twIlvot d:sfe #if Ilia Mamie cither Iteloudifil all--ging a ci-lool of oetion or ralsing an is@ linicireding flit, l&-.tr1I1lgq. pridIr 140 110- 1-11-4-11VIlt 41111P Of 11113 YWC11611, uIlC9Cd filets to I-elleve (9--to loinktal. is..t of Ill,, ta- -if v1--listlion tit file. Unvirmitnental oual;- C In 14111 of thk division own itiaking, lonte Ill'o-r1114. liv ArI. Concerned Citizens a( Valln De- onst-ittiling if vimse of orlism Gor. fir rakt-d lhe.lssm- tit, u vlo t construed In (iiv--r perswlm simigill 11. 1"! 11--ort Ins,. V. Itil"Orside County till. of Sup,ror and tivIliell wns loo-nding wid 4111. file J!ffeellye date of tills flection lit'llefiled lbert-hy. I.I. 1197 If I114'alAirsir. 33S. 311 C.A.34 272. Ill that elly 4-11114-11'" November I 1,141ii-o-s- granting fir c4,nditlocial use permit provided. 114owt-ta-T. Illill '_1fIfM shlill operate tit eolifil-111, villidlite Or give Iegnl ski $I llinlullv.! If-lirl 111111. flit. fill.) slid %%,#-It If" approval #if toinfa. efriw+ Io any proji-d-I i's u-1114-h Ibis slibilivislon itlilillem lr,.Iirlt)r fo tile commencement project I'd.f.w.t nod .1ki.l.or"t,oll If%'-- Io,-I tont- wrorred boot: Owfoiri. 44(ce. of envirmaloillstal loopact report, a 4-Ify ,Vitt 04, it 1512 storg-toilty nolerk,lintrit cif of Joulivillf .11141 In go4id fitilli find In I-ellolice upoil life 1%situnce by a stille wats 111valid. approval .4 to S.-4.11011 fin vitil-lity tit prr-Jects. litilille sign-lo-l- of 4iny Iva,e, Ito-ruill, Heense, cerliflento for other entitlement for list-, project cistit'l not tit, validatiA 1111,14-1. thin Milih% vo.-r.. j&fora effe Be . Ctlve rilvi list, Isiss bo+11 -11iii substilullill llitbililli-H for construe- ellon vallitallikor permilto Isimiwa 41;11-' 1-f tills section and December 6 If oillatirwitic lewd %VI Il0i -W #,--I 4-oiv6- with Act. much actions thin imil vowessary imili-rials have lown Ineorred. Arien Development 42a. v. (sali(a)rldt, ..-re t-lib-1,11-11 I'*--',, sishoilk for noncoonfill- till liection *!11611 shall 114-1 olu'rille In vonfil-111, valithile far give legilj*%@ffeet to silly at 7.4tore Vivilservallml 407.'oo U.'! slet'" f-447 foill"t-4- I-% I-Ii-loatre unit consider an- Cal-Itlar. 31ri. '14 1@31, virontoenial Impact relf4tirt. fit; projert. which hail N-4-to In silly Juillcidl oil or before the .r claam! pr-M-le-I by urgoary -clivv 11a .4 lit Im- Illegill. vol4l or Ineffective beer . of lioncom- anilendnient to 1 11 It, -r1lon f,,r proj.-f-t 1.2 Purpose t 176 it! if( till. started befol'o It'w.-Il t1.4-4, ". 071 precUldi-d got "grall.1falber claune" gorbled plianve Willi flils flivisioll. petitioners troal ralshig filler.16.11.4 al'ailt lit- joy ill-gcokey anw-mlikient to this ,,,.c I(,,, was (Aittled Is.%, Stals.19-42, 4-.'l 15I.Io. 2LITT, 1 111. oirg4-m-y. eff. Dec. ro. 1072.) tornale locations for ImIming 1,) 1141. C1111- I go"int reli-rf (rotor hardship engendered strileted (on land It-ats'A 1'@ . 4:111v flud wilh 1:11@ re-Itile-Ing lillpact rep Law Review Commentaries I.Vaj-4-114 4111.14TIRIE011 IlY lltilit"l'iiy Of refiliert ilk o1hielk elli . orts I , In X111,11 1971. notion. on projects uIrc-noll- a:11-roived fly the nl)pr,)- truly lot private parlies. to (lie enviroin- no I or ilcenlie Insin noverninenild loftily rized lef;m6w to di@alnl[Ak lalildIngs floil con- priso(o goypornoicirtnt la..Iles upon vvb1ch elental atutentient. (1973) 61 fir-9. vvitil.,ot ro,iopibiowo volih re4lull-ensents of alralut net%. 1.1111.1ifig. 1114:411:111an v. CIly of o1ber psirlien have lie pit 11) their detriment. ()oalilv Act Vo' it'll were not I'll 11100011 41975) 121 750. .19 C.A.34 l1retinabrin V. City of Pasadena (1975) 121 nader legultintlock prior it) flecer"I'Ar 6. 297, 972. atilt Ione onder attack far whiell Whittle trini 43ml.t. fififir lit-al-Ing, ri'll- 01t3titir. Mt., 49 C.A.3d 257. Index to Notes I lit if not validated joubtflantlat tit, 06011 In C(I'ViA 11.4 nny 11.4 Definitions result. ant, fill validating those projects In general I Oell no flUbstontlat det- act toward devt -:101mocrot is( ho-lifilt allotel T0111"IlVd) ($'act approval whic-to was on- Grandfather rights 2 under attack for wl colvildex oil property well In advance a( ditional Pull "Itz"I'lag i`,f Properiv to per- Judgment 4 ri ant would result train invalidation, Was effective dafe of alnertgency Icglalation Rilt coll.211 c.onstitutilinal. Cooper V. Lod Angeles if 21170) provIding that, validation ro- 'a welion of inoinitain atibillvislan Substantial constroction 3 4 49 . C.A.3d 'in "got the final dincrethau,ty, C( unly (1976) 122 Cal.itptr. 64. .0jeet Icb act of counly did not constitute an issuance 31, vbdon does not atir1r, to lit wri Knill fill IValidity !?z has local% detarinink,( n flily kidiclat pro- Of an "crilitlenient for fine" within rafiining Urgency legialation dealroett to valtdote ceeding to be Illegal because ski non. opproved anti compliance. trial court order determined lit provialan of lithi section validating tile silly project which had beon Issuance by any public agency at any engi. 1/3. Validity for which permit bad been 1141104HI prior to 56 Cal.Clkdo,--n-p L Urivtronenctititt 1975 P. VIn 481(lell (Ion Ilutdo toy this stocilan anti colirt deel"lan holding thol it 21110 validating those private develop- Quality Act's reporting reituirconent. appIle I.. old I it Wsivif% 1114.8 gibvvi'lliftent r..111.14m4ul luipiket rel ... Ft Where tileve uslids Ila cillifige In -e of' Evillence @falled to estaloll-Sh e Proceeding to require the filing of euvi- 1---iiiiiis or 4,tiser entitlements fat* use, but mottle I'l-4 I I X114,11,11ture -ject for cord- of "a 1-slantlar. 5411113 within provi .411.11 of uldcli legishilhou 1,Y Its fertile exeltedo-I call- attuell It off cOuth"11111111111 fiW- lettare (A-Don "I of this Section con- urgency. little. e cerning %'1111111111b C.A.&I 322. i,!I1V..IVJl1g judicial proceedingto fill gut dellitilition of predecessor build- )If of project for %visich aull- deletion County .(1975) 119 Cal.Itptr. 668, 46 listed illue 1 1141111 "Obfulle"141 1111pact reliart. IIUI-gr v. lilark- its- I. to eftective date of tills section 411d fall Wan undertaken and excidVidtfork for view slantial clill.%fructitin hikil been pLo-fornied riot vi"bote equal protection standards. bit Wing coonuenced, Id. still "I'llfull off Ink Iffifillitles for construction 4. Judgment. I.,liviri.julterstal lAw @und. life. v. Tou're of Approval of lentativo triect map arid mile anti wieeeisury nutierl.1111 halt been incurred. Wherif trial court %vas proceeding tender Col-te hill(lorm. t1975) 122 001(pir. 282. 49 devehiptnent plan constittfied "dither enif - I'M%'IrU1111111ML11 I.tk%%' I"Ifuil. 111C..V '1'4-)Wn 6( erronCOLIS interpretation Inat statutes vall- C.A.3d 105. ticulent (Or lose*' witilln tills section prorid- CtIcie Maderit 61176) 122 CalAtifir. 292. 49 Itating certain lifIVILtO development projects All-gency legislation designed to vallelate ink. . plot %villistipliding Pendency of judici C.A.3d 105. Which (fill 'lot Mollie, with requirements of vleonmenial ( lity Act require4l. for validation of inic projects. that conntruc- any project which Ila(] been approved and pr@;reedfllg. that project lit validated its His or to colulut. I"Pentiflu"e Of s0lue $6.S00 *1111 not con- tion substantial 11) relation to size of over- for. %videlt a Permit )fall liceii issued floor I)rl neelild.. it W judicial Proceed- construction or lit- to court decision holding Ilia( Envfroll. ugs and lit good fullh anti In-rellance on Aftli'lle mental Qlutifty Act's reliortint; requirement pernift certificate as' "Differ eflifflellient'(fer currIng of liability for construction or file- all prolect had occurred, antl that submitted- appile4i to private muctivitlem requiring use". 'substantial construction has locan facials of an 80-unit inetiel complex. so that tial Ila illitlea for contitruction lend fair nec- governmental pernif or other entitle- performed anti auldslanflat liabilities (Of this section directing validation 1i befilre essary materials held heart Incurred. and Atlanta for time but wbich leglakttlon by conlitruclinn and onaterfalm have bcd1n In- cotilluencefuent if( legid proceedings stood nulther onagnitude to( construction that ovan Iis farmed excluded Cases Involving dicial ctu'red. Friends of fake ArrowbOall V. Sall Ilk reliance oil peroult subal lint lift cars. accomplished In particular project In Issue proceedInKS Initial h1ective Ilarnarolinti editultv'Itt). of Stip'fop (1974) 113 affliction has 6eim performisl or still- nor I ....... ty neurred %%-lite set out. reversal little of tills section 'lilt Riot Violate equal. C111-11111r. 53:1. 38 t1.A 3tJ 497. 11481"UM 1110411fleg' I'llive been frocits-red did Was Coor-er v. Look Angeles protef-I fool staliflalds tile It applied .10, V.0110 I'lilkn9P.4. which %vere-11111,10 without not j*a1bbile IsstIlince of building Periult County (197fi) 122 Cref.111)(r. 464. 49 C.A.3d 11tr0potied development excluded (roin operd- colliplying %vith,Ceivirminiental Quality Act three dllYS Pride" to Institution Ili Inandil W 31., 1011 Of legislatiol by virtue it( peredling tint] litirsustrit to whicto develtiper expended judlefill proccetilligs Itussiall Ifill uprove- mosue S221o.fiuo. exclusive of la6d actAilialtion 21171. Moratorium PrOVIsion; lease, permit. license, o(c., and certain projects lied If%- qualifying isro%'I- relle.lit Ass'" v. lit-lied Permit Appeals , COUts. We"O vall-11 - arnendlillent -of This illvishill ext-4414 f or Section 21169 1974) M Coll.11pir. 49oof44 C.A-3dllf@pf. VIP, effort tilaU ilia 1972 urip6ec) It'llNe. Ism it I live'i *- e2rfiricate for omm' *4113111 n"t lipilly to the Issuance of any peal disiAlsided 95 &Ct. ifitfi. title section validating Jiro ects undertaken -1 1 Plitifivnient firer Ilse for any project tic- th-gancy legislation designed to save pri. and approved before effective date Of Yale developonerug front orerailoll of court anienthrient operates Ilk valittato any Pro filled In millilivislon ;,-I of Section 21005 or to fifty project tinclortitken by a j)erson I -for its tlip c4dinuienceinent 14@ art througli cuntracti; wit.11 one or lunre lit bile 41celtdori holding #hat Xrov rouniental Qual. ect If. lit of Judi: Which Is SAIIIIH1114-41 lit who Air fit is. c 1. tic I At ty Act a rcolull-cluelot it( environmental fill proccedIngto riAlsing Issues undtr Ac agenelem until (he I list olay after (tic effective 41.1to of tlilS aLctioll. TIIIS CHO I poillimidential lialillillets leave been incurred in Impi ct I-ell -1 siliplied to private projected Strait riot lipply lit silly project fit which 14ection 21170 1.4 applicable or to any Site- tv @rtlflcatdl Air. antlilet t with tile a. c 1)(Ion of those Involved lit reliance on ran)* ca nere pending Jud clul proceedings (lilt flat #late- G* Use, Concerned Citizens of 1101111 Ve. CPSNOr 101-41JI41 WIJ14-11 IS the millic im. Air Hubtflantially I(It-atical t it. such It lirdrojeo&L gate or con er tiny It.-gislailve Amethin to 14url. Ine. or. Illversidde Vidurify 1141. of Sup*rm le agency. lirlor to the 121st day lite generid public Insofar ion projects In- 0070 113 Vid.111,1r. 3311. 38 C.A.3d 273. '1103 FA-011111 .441,1111 laut. leredillift or it lintel volved ill I tigation were concejuvol anti 2. Grandfather rights after tire! ilffective little fit thim m-etion. front considering envirritintental factors Ja was "'It In 'alld Increly because It )%I'D- tinif.ling pel,usit wrike Instead anti conewellful willi lilt' approval or 01N.111111-413VIII fit it proje t anti (1-0111 11111141-41119 MR- vitled for linillellientUt Ion by Actillf's af still I., -t nsl,ii. Is-litlit fat- Iicli of onvircin- sollable reet; Ilk Color W citizenry. lit. Ill.-nial iudp@wi walt flied beftere a(- ivelion therewitli. 1. In general b-clot'. .141 %all.1,61111K I.r.bJect witilt-111 (Adih-d ljy Sints.111172 c 1"I"" I' ..f jn'Ji. 15-1. it. 2277, 110, urgency, eff. 1) e. 5. 1072.) Tills section anti 1 21169 1101'4111111119 if- I It. I'll-4 I.. i v;;11 Iloilo off 4:-A (111ill and In Law Review Commentaries private development project.4. whii-h t%,-re I .... ..I ng.-Iley lit Duty of Private partles to (Ila environ- before off(lelivit 11,11c, #lw section. wnar- tubtlertalien fly diontilorlij- of Isertsill oor If- U-10-11 has Menial Matemesit. (1973) 61 (I.L.H. 569. prictida I.( Luke- Arr-mb--a-I I'. ,41on lit. cause froin goversiouclefal m-4 It Wit I-If -im. .1 -.oml 11:0.1111joa 'for Prientlit of Idanunoth: %'fix @oliult or jet- Muff, VI.Inkly MI. ..f S..J.,os livil) 113 Cal. did 11.11 ctifuld), %%Wl 1- -11 11,14'ri, I it Ic tat at 'c fat engineering. (197 ) I Iletilier- flitter. 539. 3S V.A.3-1 1:11. r"111,14-ill'.1 dineI..Itev. 137. The its 1 VVIN d1l.WI. U.-I" 011-0 MA- 1-C"I `W,, k 1111.4 swellon ta pro)ecis .I,.$ I$- .. ;:r d. ..... -if .-Ni-fillg 4141u4si Ilk tv Or If 2 o65 ivituld In- 1: 16,14 ..%. litall.,111 1-11i fl... i's c"Il. pej%ao.- sold certain public If- !11"t. ol..61 44 s:,14-:fi,A Isidex to Notes lifi.p-is it. off.. izi Iw niordeto luni period. ow-lif.l .., 11110 1 1. 1:11., 8. J. i 928. r i.( 1'1..4 An- In generalI A - do %, I-#' --iottl @ if##&%'. under this section. Which it,. NO.-, 41:0711 lit d al.kplr. 3%. 12, 7hi. Report 2 to'.4 *.%%if ,odfisauv#! requiring the prep- I ... 11i.,la -.fIml.." -1 reswrts or Muffles during Still (Addled Illt!-10"'ll 1%, 1-1 1 1-- .%Ik- 3. SitbalAntliet constructi aar moratoritust %vIlh reapect to gethh Vokully ID; 1,:-, C., f(1-11 0-:1. I's 0. lit I I A.241 34. .11.1-tif %%4.411.1 r1-illl frI.Sel Nil I.PlantiAll ddEtil- 1. in general ..,lo-tiopt during that I if a (join an- Itcluadlill I.e. 1@ I'll 1.1.1 .Ilivall-116111111 14 prf- tirwissienfal, Impact reldefort roil ill remen to. lit I rol--1 ., usiderf is kiln fly c..to6l u'.1 1- 1143.1... ufol..v 1.41- Ail.. IA-g.Couu-40 1972 A.J. S927 to I't-lipue bull-b-1. ,r froon wivorn- t olmlity .%vI, .4 i-mj- Tho r.!fercuc@ (a -proje@ifi*; lit this sec- olvol 111111dug III.-v.ut lit, 1,1@41 6-r. failurdt lot r-oulply wloh re- vets %%Mt 'I'. 1.1-@Mlsw -rvi . rriju; construed ln'fn*%-..,- 1-1-1- S....0.1 I- I.- ()IIIIIiij, Act Id,r privitte lilies lucluffele priya(di projeetH Ads Well an 4-ce'laill pritiodette In tile 121 fifty luora- lit -s- I. stis:01 emnlair: 14 tills -led. bellefite'l fliva-4.6%.* I I' I j4-Im I -.I. I.e.- Where irbil tificr bcorlits.. ---.if. i1W. 1.101--lit.1 11ability to WWI hiu. 1@1114 to-i'luni fear Olt. Leg. Counsel. 1972 'A.3. I---- Ao--Iij. 'III.-. %-. Arentlin 79 2 H. tinuts) In effi-ct its I.q. I.-solabutw" 1.11%, to sul.sfiln- 11, 4*isl.lti.lr. *m. 4@ act Illward sit %if-Mill M-0 I........ Air 11161411tv 2. Reluort complex oil prol,.-rly %viell fee ildviisto... ..f 111#3114il fit.-Ie, "lit'stillitlill would '11y %thielt --Is Mgor.-Io 13 073. %%'$little 124 effeCtIvo ilatd. (.f cnIVr9PfW)* 1-1:1141b.11 Aff.1.11-qv f..'Iffir,quent for validation uwraf..rjollo (11.4 4-hopstst. Sell- under this xectlon lir@,vldlug Mike vati-laff"ll -4 N.1 thal Its 11--rns-o ol' Int-ge ;.11.1 1:,1111-11.11.1. 3,r.$%.tA pr..111#111mr) Nyloolitled by 1-:8- groviNion does slot faliply if) proij.-co I It I I ii.ocllon of b"11,11119 its been -leferinincilAu #Ili%, jimthfia I.i;.. ru.-It If 11.11 It fulght wvr.- I.. 1:111-h-how" I.q. -%#$If I ..If I.( fd--e 44 Oty lomf for capes, 11 pvff'.'14169@4: lit. yroval.! 4111.1 1..", U1411:4i:ft1..Ib A-( fill lesitic Hite. didi riot lega y noted an estvi- ceeding Ili bA .-f 1-r .1111 411, dronniental linpact report with respect to, plialic". 11,11.1 v"InT mA.'s. 124 Fijian door 1-:11. Is ll.,l I'd---- cionfilructlin, or building fly lessee. Branum. 111,I, (), It& -_'I1l.'Ih#'Ii:-l lit' --s ll,r Vidd-d vollidify 4.1" pl..J.-vt uis. ol..1 I.- Isl* han v. City al' Ilusadcrent (1975) 121 CARL Ili njvct N., 11.:. 1 '141ill Volvo- 9 so flat If,#%#! hi-0.1i firsted 1.), j6dit-fill prw 1* of rel.l. lit I.. it. .4 too g l(pir. 7511. 48 C.A.Sd 297. Whi-111 V.M.1,1114.4 I'd tiolls "111"'Wis'! 11161,11"'1 , : I-IV Isn't It W"M clTd.l. 1" filch 21172. Disasters; maintenance. repair. etc.. property or facilities damaged; - ox- ;114-4olve retill-Siliking ,r,:.-r -,to gnlisml ludi'll do,:-ritat #-r lin-ject evils cidelill't 1.111 -1 emplion M."'. M., door %%lilt ,f 9 s.N. is r,millf-litill Q11illify %4-1' This di'vislon shall 11411. utility In silly Isroji-cl untlertalwit, carried (lift, for approve O.A.3d 322. . WOM uliffle,l clause Where appelfallift, did #,Ili ret1ll1!,,i fi,141 WhIch should 1.4. 1.4.1 1 Of (AlCt. court fir $11,pe,111 I'll-" .I I. as Wrigill;or' toy It 11111011C agenry for lunintuill, relistir. resliore. Ilvinullsli or repluee prolmirty or. Ingle lutl.4t.inl It,.. '.a (, on.1 4114 $I'll rfr4fld1+, b-c %,;IlJ.lfitJlln 44 I,V(jj: 164- 1.411 Incurs. ll,K off N141'stitooll.,41 liall'Ifiti.!is 1`114.1111le, 1111111.1gi-41 for flestroyed 1 4 it result uf it 411samler lit it disuMer litrIelitlit area refti.4 ,nd Isn't .Incur. it relle.( if Iniplilt findlugn millb- Me, ling 44 atit'sian- In which it Slille or vinergency lum been proelstlau-41 toy lift.- tativernor I)tirsitant to its fprlegl 11Y fial-ilities for litlet-8.13r%, Aulitiq.1114. lit. Uhapler 7 (colmajenvIng with Mection K550) of I)Ivlqloit 1, Tillo 2 of the Government As lisfldt@-S I 'iflierly 9)tvjie tile IncretiNkst property 111,x 1101', lit%' attrif-ula- prior it, vull,bitli.of C.A.11 7si. v 72 to stop to Cotle. Loa Angeles (1974) 1171NI"71.. I I'll b,',Olt d"t"le will" I - o( ceristin private 1`d.1-,,Iolu1lj,1q lu_Jccls C-")"B"tictiOll (if c4ind'uninitsin Itself Where nub"I'llillsil detrifflerst fill rettult not 'to 11013arate front doulollilit" o1*llrc`1`ll1" Law Review Commentaries (Tntior (roin inviaidal lilt), lolcurro-11 liall .:fifty Priends of Alikunnoth: Vex populf or ju- 41'sire a mel Axenvittifin an to,,re_ 1,1111119 '4101-ts-fillist deerfiticrot ! (Air dicial social engineering. (1973) 1 Pepper- to pornift mupporled 1.,y t. I. tructlon an-I necesitilry folaterfillm." fit. dine L.Ilev4 137. v tr 0 %J Ln r- 0 Op. eb w Q Ir, 2 1-2., or- jC- Z..Z ie t@l W=-A- F, L -==- 74 =:7 -_c 19 7 z IV z cr 0 f n. - 1,13. =m:5- ri Cc fit. w Ez o a :- -z E. fm Z 10, 12 00 z T %C - -0 7 7' v cow CL z O-C z 5 go 7 Z. z 2 L, r to f: e,, Ch: C, Mr. E. .0 !S4 zr 01 CD 10 z t4z n to z CL ID - IV V 6 = eb ju q:6 2 eA wa 9 =- F." 10 1111:90rl.;, s z a :iSl ft X z CL o= z ab cc tr. C-am CL " rz .0 cr =f.,o D_ CL 40 em, 00* e5 Zc. z 05 Cc =2.7 Om 0; CALIFORNIA COASTAL LEGISLATION SB 1277 Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.. The people of the State of California do enact as follows: 1 SECTION 1. Division 20 (commencing with Section 2 30000) is added to the Public Resources Code, to read: 3 4 DIVISION 20. CALIFORNIA COASTAL ACT 6, CHAPTER 1. FINDINGS AND DECLARATIONS AND 7 GENERAL PROVISIONS 9 30000. This division shall be known and may be cited 10 as the California Coastal Act of 1976. 11 30001. The Legislature herebv finds and declares: 12 (a) That the California coastal zone is a distinct and 13 valuable natural resource of vital and vital and enduring interest to 14 all the people and exists as a delicately balanced 15 ecosystem. 16 (b) That the permanent protection of the State's 17 natural and scenic resources is a paramount concern to 18 present and future residents of the state and nation. 19 (c) That to promote the public safety, health, and 20 welfare, and to protect public and private property. 21 wildlife, marine fisheries, and other ocean resources, and 22 the natural environment, it is necessary to protect the 23 ecological balance of the coastal zone and prevent its 24 deterioration and destruction. 25 30001.2. The Legislature further finds and declares 26 that, notwithstaqnding; the fact electrical generating 27 facilities, refineries, and coastal-dependent 28 developments, including ports and commercial fishing 29 facilities, offshore petroleum and gas development, and 30 liquefied natural gas facilities, may have significant 31 adverse effects on coastal resources or coastal access, it 32 may be necessary to locate such developments in the 33 coastal zone in order to ensure that inland as well as 34 coastal resources are preserved and that orderly 35 economic development proceeds within the state. SB 1277 1 30O01.5. The Legislature further finds and declares 2 that the basic goals of the state for the coastal zone are to: 3 (a) Protect, maintain, and, where feasible, enhance 4 and restore the overall quality of the coastal zone 5 environment and its natural and manmade resources. 6 (b) Assure orderly, balanced utilization and 7 conservation of coastal zone resources taking into 8 account the social and economic needs of the people of 9 the state. 10 (c) Maximize public access to and along the coast and 11 maximize public recreational opportunities in the coastal 12 zone consistent with sound resources conservation 13 principles and constitutionally protected rights of private 14 property owners. 15 (d) Assure priority for coastal-depeendent 16 development over other development on the coast. 17 (e) Encourage state and local initiatives and I8 cooperation In preparing procedures to initiatives and 19 coordinated planning and development for mutually 20 beneficial uses, including educational uses, in the coastal 21 zone. 22 30002. The Legislature further finds and declares 23 that: 24 (a) The California Coastal Zone Conservation 25 Commission, pursuant to the California Coastal Zone 26 Conservation Act' of 1972 (commencing with Section 27 270O0), has made a detailed study of the coastal zone; that 28 there has been extensive participation by other 29 governmental agencies, private interests. and the general 30 public in the studdy; and that, based on the study, the 31 commission has prepared a plan for the orderly, 32 long-range conservation, use, and management of the 33 natural, scenic, cultural. recreational, and manmade 34 resources of the coastal zone. 35 (b) Such plan contains a series of recommendations 36 which require implementation by the Legislature and 37 that some of those recommendations are appropriate for 38 immediate implementation as provided for in this 39 division while others require additional review. 40 30003. All public agencies and all federal agencies to SB 1277 -6- 1 the.extent possible tinder federal law or regulations or 2 the United States Constitution, shall comply with the 3 provisions of this division. 4 30004. The Legislature further finds and declares 5 that: 6 (a) To. achieve maximum responsiveness to local 7 conditions, accountability, and public accessibility,, it is 8 necessarv to rely heavily on local government and local 9 land use planning procedures and enforcement. 10. (b) To ensure conformity with the provisions of this 11 division, and to provide maximum state involvement in 12 federal activities allowable under federal law or 13 regulations or the United States Constitution which affect 14 California's coastal resources, to protect regional, state, 15 and national interests in assuring the maintenance of the 16 long-term productivity and economic vitality of coastal 17 resources necessary for the well-being of the people of 18 the state, and to avoid long-term costs to the public and I9 a diminished quality of life resulting from the misuse of 20 coastal resources, to coordinate and integrate the 21 activities of the many agenies whose activities impact 22 the coastal zone, and to supplement their activities In 23 matters not properly within the jurisdiction of any 24 existing agency, it is necessary to provide for continued 25 state coastal planning and management through a state 26 coastal commission. 27 30005. No provision of this division is a limitation on 28 any of the following: 29 (a) Except as otherwise limited by state law, on the 30 power, of a city or county or city and county to adopt and 31 enforce additional regulaqtions, not in conflict with this 32 act, imposing further conditions, restrictions, or 33 limitations with respect to. any land or water use or other 34 activity which might adversely affect the resources of the 35 coastal zone. 36 (b) On the power of an), city or county or 'city and. 37 county to declare, prohibit, and abate nuisances. 38 (c) On the Power of the Attorney General to bring an 39 action in the name of the people of the state to enjoin any 40 waste or pollution of the resources of the coastal zone or -7- SB 1277 1 any nuisance. 2 (d) On the right of any person to maintain an 3 appropriate action for relief against a private nuisance or 4 for any other private relief. 5 30006. The Legislature further finds and declares that 6 the public has a right to fully participate in decisions 7 affecting coastal planning, conservation, and 8 development; that achievement of sound coastal 9 conservation and development is dependent upon public 10 understanding and support; and that the continuing 11 planning and implementation of programs for coastal 12 conservation and development should include the widest 13 opportunity for public participation. 14 30007. Nothing in this division shall exempt local 15 governments from meeting the requirements of state 16 and federal law with respect to providing low-and 17 moderate-income housing, replacement housing, 18 relocation benefits, or any other obligation related to 19 housing imposed by existing law or any law hereafter, 20 enacted. 21 30007.5. The Legislature further finds and recognizes 22 that conflicts may occur between one or more policies of 23 the division. The Legislature therefore declares that in 24 carrying out the provisions of this division such conflicts 25 be resolved in a manner which on balance is the most 26 protective of significant coastal resources. In this context. 27 the Legislature declares that broader policies which for 28 example, serve to concentrate development in close 29 proximity to urban and employment centers may be 30 more protective, overall, than specific wildlife habitat 31 and other similar resource policies. 5 30008. This division Shall constitute California's 6 Coastal zone management program within the coastal 7 zone for purposes of the Federal Coastal Zone 8 Management Act of 1972 (16U.S.C.1451.et seq.) and any 9 other federal act heretofore or herafter enacted or 10 amended that relates to the planning or management of 11 coastal zone resources: provided, however, that pursuant 12 to the Federal Coastal Zone Management Act of 1912. 13 excluded from the coastal zone are lands the use of which 14 is by law subject solely to the discretion of or which is held 15 in trust by the federal government, its officers or agents. 39 30009. This division shall be liberally constructed to 40 accomplish its purposes and objectives. 18 30010. The Legislature hereby finds and declares that 19 this division is not intended, and shall not be construed 1 as authorizing the regional commission, the commission, 2 port governing body, or local government acting 3 pursuant to this division to exercise their power to grant 4 or deny a permit in a manner which will take or damage 5 private property for public use without the payment of 6 just compensation therefor. This section is not intended 7 to increase or decrease the rights of any owner of 8 property under the Constitution of the State of California 9 or the United States. SB 1277 -8- I CHAPTER 2. DEFINITIONS 2 3 30100. Unless the context otherwise requires, the 4 definitions in this chapter govern the interpretation of 5 this division. 6 30100.5. Coastal county" means a county or city and 7 county which lies, in whole or in part, within the coastal 8 zone. 9 30101. "Coastal-dependent development or use" 10 means any development or use which requires a site on-, 11 or adjacent to, the sea to be able to function at all. 12 30101.5. "Coastal development permit" means a 13 permit for any development within the coastal zone that 14 is required pursuant to subdivision (a) of Section 30600. 15 30102. "Coastal p1an" means the California Coastal 16 Zone Conservation Plan prepared and adopted by the 17 California Coastal Zone Conservaion Commission and 18 submitted to the Governor and the Legislature on 19 Decermber 1, 1975, pursuant to the California Coastal 20 Zone Conservation Act of 1972 (commencing with 21 Section 27000). 22 30103. (a) "Coastal zone" means that land and water 23 area of the State of Califonia from the Oregon border to 24 the border of the Republic of Mexico, specified on the 25 maps identified and set forth in Section 17 of that chapter 26 of the Statutes of the 1975-76 Regular Session enacting 27 this division, extending seaward to the state's outer limit 28 of Jurisdiction, including all offshore islands, and 29 extending inland generally 1,000 yards from the mean 30 high tide line of the sea. In significant coastal estuarine, 31 habitat. and recreational areas it extends inland to the 32 first major ridgeline paralleling the sea or five miles from. 33 the mean high tide line of the sea, whichever is less, and 34 in developed urban areas the zone generally extends 35 inland less than 1,000 yards. The coastal zone does not 36 include the area of jurisdiction of the San Francisco Bay 37 Conservation and Development Commission. established 38 pursuant to Title 7.2 (commencing with Sectin 66600) of 39 the Government Code, nor any area contiguous thereto. 40 including any river, stream, tributary, creek, or flood SB 1277 -9- 1 control or drainage channel flowing into such area. 2 (b) The commission shall, within 60 days after its first 3 meeting, prepare and adopt a detailed map, on a scale of 4 one inch equals 24,000 inches for the coastal zone and 5 shall file a copy of such map with the county clerk of each 6 coastal county. The purpose of this provision is to provide 7 greater detail than is provided by the maps identified in 8 Section 17 of that chapter of the Statutes of the 1975-76 9 Regular Session enacting this division. The commission 10 may adjust the inland boundary of the coastal zone the 11 minimum landward distance necessary, but in no event 12 more than 100 yards, to avoid bisecting any single lot or 13 parcel or to conform it to readily identifiable natural or 14 manmade features. 15 30105. (a) "Commission" means the California 16 Coastal Commission. Whenever the term California 17 Coastal Zone Conservation Commission appears in anyh 18 law, it means the California Coastal Commission. 19 (b) "Regional commission" means any regional coastal 20 commission. Whenever the term regional coastal zone 21 conservation commission appears in any law, it means the 22 regional coastal commission. 23 30106. "Development" means, on land, in or under 24 water, the placement or erection of any solid material or 25 structure; discharge or disposal of any dredged material 26 or of any gaseous, liquid, solid, or thermal waste, grading, 27 removing, dredging, mining, or extraction of any 28 materials; change in the density or intensity of use of 29 land, including, but not limited to, subdivision pursuant 30 to the Subdivision Map Act (commencing with Section 31 66410 of the Government Code), and any other division 32 of land, including lot splits, except where the land 33 division is brought about in connection with the purchase 34 of such land by a public agency for public recreational 35 use; change in the intensity of use of water, or of access 36 thereto; construction, reconstruction, demolition, or 37 alterationof the size of any structure, including any 38 facility of any private, public, or municipal utility; and the 39 removal or harvesting of major vegetation other than for 40 agricultural purposes, kelp harvesting, and timber SB 1277 -10- 1 operations which are in accordance with a timber 2 harvesting plan Submitted pursuant to the provisions of 3 the Z'bert-Nejedly Forest Practice Act of 1973 4 (commencing with Section 4511). 5 As used in' this section, -structure" includes, but is not 6 limited to, any building, roqad, pipe, flume, conduct, 7 sipton, aqueduct, telelphone line, and electrical power 8 transmission and distibution line. 9 30107. "Energy facility" means any public or private 10 processing, producing, generating, storing, transmitting 11 or recovering facility for electricity, natural qas, 12 petroleum, coal, or other source of energy. 12 30107.5. "Environmentally sensitive area" means any 13 area in which plant or animal life or their habitats are 14 either rare or expecially valuable because of their special 15 natural or role in an ecosystem and which could be easily 16 disturbed or degraded by human activities and 17 develoments. 19 30108. "Feasible" means capable of being 20 accomplished in a successful manner within a reasonable 21 period of time, taking into account economic 22 environmental, social, and thechnological factors. 23 30108.2. "Fill" means earth or any other substance or 24 material, including pilings placed for the purposes of 25 creating structures thereon, placed in a submerged area. 26 30108.4. "Implementing actions" means the 27 ordinances, regulations, or programs which implement 28 either the provisions of the certified local coastal program 29 or the policies of this division and which are submitted 30 pursuant to Section 30502 21 30108.5. "Land use plan" means the relevant portions 22 of a local government's general plan, or local coastal 23 element which are sufficiently detailed to indicate the 24 kinds, location, and intensity of land uses, the applicable 25 resource protection and development policies and, 26 where necessary, a listing of implementing actions. 29 30108.55. "Local coastal element" is that portion of a 30 general plan appliable to the coastal zone which may be 31 prepared by local government pursuant to this division, 32 or such additional elements of the local government's 33 genereal plan prepared pursuant to subdivisin (k) of 34 Section 65303 of the Government Code, as such local 35 government deems appropriate. 37 30108.6. "Local coastal program" means a local 38 government's land use plans, zoning ordinances, zoning 39 district maps, and implementing actions which, when 40 taken together, meet the requirements of, and 1 implement the provisions and policies of, this division at 2 the local level. 3 30109. "Local government" means any chartered or 4 general law city, chartered or general law county, or any 5 city and county. 30109.5. Section 30109.5 of the Public Resources Code, as added by Senate Bill No. 1277, is repealed. 33 30110. "Permit" means any license, certificate, 34 approval, or other entitlement for use granted or denied 35 by any public agency which is subject to the provisions of 36 this division. 37 30111. "Person" means any individual, organization, 38 partnership, or other business association or corporation. 40 government, or special district or an agency thereof. SB 1277 -12- 1 30112. "Port governing body" means the Board of 2 Harbor Commissioners or Board of' Port Commissioners 3 which has authority over the Ports of Ports of Hueneme, Long 4 Beach, Los Angeles and San Diego Unified Port District. 5 30113. "Prime agricultural land" means those lands 6 defined in Section 51301 of the Government Code. 7 30114. "Public works" means the following: 8 (a) All production, storage, transmission, and recovery 9 facilities for water, sewerage, telephone, and other 10 similar utilities owned by any public agency 11 or by any utility subject to the jurisdiction of the Public 12 Utilities Commission. except for energy facilities. 13 (b) All public transportation facilities, including 14 streets, roads, highsays, public parking lots and 15 structures. Ports, harbors, airports, railroads, and mass 16 transit facilities and stations. bridges. troley wires, and 17 other related facilities. For purposes of this division. 18 neither the Ports of Hueneme, Long Beach, Los Angeles, 19 nor San Diego Unified Port District nor any of the 20 developments within these ports shall be considered 21 public works. 22 (c) All publicly financed recreational facilities and any 23 development by a district. 24 (d) All community college facilities. 27 30115. -Sea- means the Pacific Ocean and all harbors. 23 bays, channels, estuaries, salt marshes. sloughs, arid other' 29 areas subject to tidal action through any connection with 30 the Pacific Ocean, excluding- non-estuarine rivers. 31 streams, tributaries. creeks, and flood control an 32 drainage channels. "Sea" does not include the area of 33 jurisdiction of the San Francisco Bay Conservation and 34 Development Commission, established pursuant to Title 35 7.2 (commencing with Section 66600) of the Government 36 Code. including any river, stream, tributary, creek, or 37 flood control or drainage channel flowing directly or 38 indirectly into such area. 31 30116. "Sensitive coastal resource areas" means those 32 identifiable and geographically bounded land and water 33 areas within the coastal zone of vital interest and 34 sensitivity. "Sensitive coastal resource areas" include the following: 10 (a) Special marine and land habitat areas, wetlands, 11 lagoons, and estuaries as mapped and designated in Part 12 4 of the coastal plan. 13 (b) Areas possessing significant recreational value. 14 (c) Highly scenic areas. 15 (d) Archacological sites referenced in the California 16 Coastal and Recreation Plan or as designated by the 17 State Historic Preservation Officer. 18 (e) Special communities or neighborhoods which are 19 significant visitor destination areas. 20 (f) Areas that provide existing coastal housing or 21 recreational opportunities for low and moderate-income 22 persons. 23 (g) Areas where divisions of land could substantially 24 impair or restrict coastal access. 25 30118. "Special district" means any public agency, 26 other than a local government as defined in this chapter 27 formed pursuant to general law or special act for the local 28 performance of governmental or proprietary functions 29 within limited boundaries. "Special district" includes, but 30 is not limited to, a county service area, a maintenance 31 district or area, an improvement district or improvement 32 zone, or any other aone or area, formed for the purpose 33 of disignating an area within which a property tax rate 34 will be levied to pay for a service or improvement 35 benefiting that area. 36 30113.5. "Special treatment area" means an 37 identifiable and geographically bounded forested area 38 within the coastal zone that constitute a significant 39 habitat area, area of special scenic significance, and any 40 land where logging activities could adversely effect 1 public recreation area or the biological productivity of 2 any wetland, estuary, or stream especially valuable 3 because of its role in a coastal ecosystem. 30119. "State university or college" means the 5 University of California and the California State 6 University and Colleges. 7 30120. "Treatment works" shall have the same 8 meaning as set forth in the Federal Water Pollution 9 Control Act (33 U.S.C. 1251. etseq.) and any other federal 10 act which amends or supplements the Federal Water 11 Pollution Control Act. 12 30121. "Wetland" means lands within the coastal 13 zone which may be covered periodically or permanently 14 with shallow water and include saltwater marshes, 15 freshwater marshes, open or closed brackish water 16 marshes, swanps, mudflats, and fens. 17 18 CHAPTER 3. COASTAL RESOURCES PLANNING AND 19 MANAGEMENT PLOCIIES 20 21 Article 1. General 22 23 30200. Consistent with the basic goals set forth in 24 Section 3001.5, and except as may be otherwise 25 specifically provided in this division, the policies of this 26 chapter shall constitute the standards by which the 27 adequacy of local coastal program, as provided in 28 Chapter 6 (commencing with Section 30500), and 29 as may be otherwide specifically provided in this division, 30 the permssibility of proposed developments subject ot 31 the provisions of this division are determined. All public 32 agencies carrying out or supporting activities outside the 33 coastal zone that could have a direct impact on resources 34 within the costal zone shall consider the effect of such 35 actions on coastal zone resources inorder to assure that 36 these policies are achieved. 38 Article 2. Public Access 39 40 30210. in carrying out the requirement of 4 I Section 2 of Article X Article XV of the California 2 Constittion. Maximumaccess, which shall be 3 conspicuously posted, and recreational opportunities 4 shall be provided for all the people consistent with public 5 safety needs and the need to protect public rights, rights 6 of private property owners, and natural resource areas 7 from overuse. 1 30211. Development shall not interfere with the to 2 public's right of access to the sea where acquired through 3 use, or legislative authority, including but 4 not limited to the use of dry sand and rocky coastal 5 beaches -to the first line, of terrestrial vegetation. 8 30211. Development shall -not interfere with' the 9 public's right of access to the sea where acquired through .10 use, custom, or legislative authorization, including, but 11 not limited to. the use of dry sand and rocky coastal 12 beaches to the first line of terrestrial vegetation. 13 30212. Public acces's from the nearest public roadway 14 to the shoreline and -along the coast shall be provided in 15 new development projects except where (1) it -is 16 inconsistent with-public safety, military security needs, or 17 the protection of fragile coastal resources. (2) adeguate I8 access exists nearby, or : (3). agriculture would be 19 adverselv affected. Dedocated accessway shall not be 20 required to be open to public use until a public agency 21 or private association agrees to accept responsibility for 22 maintenance and liability of the accessway. 23 Nothing in this dividion shall restrict public access nor 24 shall it excuse the performance of duties and 25 responsibiites of public agencies which are requred by 26 Sections 66478.1 to 66478.14. inclusive, of the Government 27 Code and by Section 2 of Article XV 28 of the California Constitution. 29 30212.5. Wherever appropriate and feasible, public 30 facilities, including parking areas or facilities, shall be 31 distributed throughout an area so as to mitigate against 32 the impacts, social and otherwide, of overcrowding or 33 overuse by the public of any single area. 34 30213. Lower cost visitor and recreational facilities 35 and housing opportunities for persons of low and 36 moderate income shall be protected, encouraged, and, 37 where feasible, provided. Developments providing 38 public recreational opportunities are preferred. New 39 housing in the coastal zone shall be developed in 40 conformity with the standards, policies, and goals of local 1 housing elements adopted in accordance with the 2 requirements of subdivision (c) of Section 65302 of the 3 Government Code. 4 5 Article 3. Recreation 6 7 30220. Coastal areas sutied for water-oriented 8 recreatinal activities that canot readily be provided at 9 inland water areas shall be protected for such uses. 10 30221. Oceanfront land sujitable for recreational use 11 shall be protected for recreational use and development 12 unless present and forseeable future demand for public 13 or commercial recreational activities that could be 14 accommodated on the property is already adequately 15 provided for in the area. 16 30222. The use of private lands suitable for 17 visitor-serving commercial recreational facilities 18 designed to enhance public opportunities for coastal 19 recreation shall have priority over private residential, 20 general industrial, or general commercial deavelopment, 21 but not over agriculture or coastal-dependent industry. 22 30223. Upland areas necessary to support coastal 23 recreational uses shall be reserved for such uses, where 24 feasible. 25 30224. Increaded recreational boating use of coastal 26 waters shall be encouraged, in accordance with this 27 division, by developing dry storage areas, increasing 28 public launching facilities, providing additional berthing 29 space in existing harbors, limiting non-water-dependent 30 land uses that congest access corridors and preclude 31 boating support facilities, providing harbors of refuge, 32 and by providing for new boating facilities in natural 33 harbors, new protected water areas, and in areas dredged 34 from dry land. 35 36 Article 4. Marine Environment 37 38 30230. Marine resources shall be maintained, 39 enhanced, and, where feasible, restored. Special. 40 protection shall be given to areas and species of species of special I biological or economic significance. Uses of the marine 2 environment shall be carried out in a manner that will 3 sustain the bioliogical productivity of coastal waters and 4 that will Maintain healthy populations of all species of 5 marine organisms adequate for long-term commercial, 6 recreational, scientific, and educational purposes. 7 30231. The biological productivity and tge quality of 8 coastal waters, streams, wet;amds. estiaroes, and lakes 9 appropriate tqo maintain optinium populations of marine 10 organisms and for the protection of human health shall be 11 maintained and, where feasible, restored through, amont 12 other means, minimizing advrse effects of waste water 13 discharges and entrtainment, ' controlling runoff. 14 preventing depletion Of ground water supplies and 15 substantial interference with surface waterflow, 16 encouraging waste water reclamation, maintaining 17 natural vegetation buffer areas that protect riparian 18 habitats, and minimizing alteration of natural streams. 19 30232. Protection against the spilage of crude oil, gas 20 petroleum prodqcts, or hazardous substances shall be 21 provided in relation to any development or 22 transportation of such materials. Effective. containment 23 and cleanup facilities and procedures shall be provided 24 for accidental spills that do occur. 23 30233. (a) The diking. filling, or dredging of open 26 coastal waters, wetlands., estuaries. and lakes shall be 27 permitted in accordance with other applications provisions 23 of this division, where there. is no feasible less 29 environmentally damaging aternative, and where 30 feasible mitigation measures have been provided to 31 minimize, adverse environmental effects, and shall be 32 limited to the following: 33 (1) New or expanded port, energy, and 34 coastal-dependent industrial facilities, including 35 commercial fishing facilities. 36 (2) Maintaining existing. or restoring previously 37 dredged, depths in existing navigational channels. 38 turning basins, vessel berthing and mooring areas, and 39 boat launching ramps. 40 (3) In wetland areas only, entrance channels for new. I or expanded boating facilities: and in a degraded 2 wethland. identified by the Department of Fish and Game 3 pursuant to subdivision (b) of Section 30411. for boating. 4 facilities if. in conJunction with such boating Facilities. a 5 substantial portion of the degraded wetland is restored 6 and maintained as a biologically productive wetland; 7 prvided, however, that in no event shall the size of the 8 wetland area used for such boating facility, including 9 berthing space, turning basins, necessary navigation 10 channels,. and any necessary support service facilities, be 11 greater than 25 percent of the total wetland area to be 12 restored. 13 (4) In open coastal waters, other than wetlands, 14 including streams, estuaries.. and lakes, new or expanded 15 boating facilities. 16 (5) incidental public service purposes, including, but 17 not limiyrf to. burying cables and pipes or inspection of 18 piers and maintenance of existing intake and outfall lines. 19 (6) Mineral extractin, including sand for restoring, 20 beaches. except in environmentally sensitive areas. 21 (7) Restoration purposes. 22 (8) Nature study. aquaculture, or similar 23 resource-dependent activities. 24 (b) Dredging and soils disposla shall be planned and 25 carried out to avoid significant disruption to marine and 26 wildlife habitats and water circulation. Dredge spoils 27 suitable for beach replenishment should be transported 28 for such purposes to appropriate beaches or Into suitable 29 longshore current systems 0 30 (c) In addition to the other provisions of this section, 31 diking, filling or dredging in esisting estuaries and 32 wetlands shall maintain or enhance the functional 33 capacity of the wetland or estuary. Any alteration of 34 coastal wetlands identified by the Department of Fish 35 and Game, including, but not limited to, the 19 coastal 36 wetlands identified in its report entitled, "Acquisition 37 Priorities for the Coastal Wetlands of California", shall be 38 limited to very minor incidental public facilities. 40 facilities in Bodega Bay, and development in already 1 developmed parts of south San Diego Bay, if otherwise in 2 accolrdance with this division. 6 30231. Facilities serving the commercial fishing and 7 recreational boating industries shall be protected and, 8 where feasible, upgraded. Existing commercial fishing 9 and recreational boating harbor space shall not be 10 reduced unless the demand for those facilities no longer 11 exists or adequate substitute space has been provided. 12 Proposed recreational boating facilities shall, where 13 feasible, be designed and located in such a fashion as not 14 to interfere with the needs of the commercial fishing 15 industry. 16 30235. Revetments, brreakwaters, groins, harbor 17 channels, seawalls, cliff retaining walls, and other such 18 construction that alters natural shoreline processes shall 19 be permitted when required to serve coastal-dependent 20 uses or to protect existing structures or public beaches in 21 danger from erosion and when designed to eliminate or 22 mitigate adverse impacts on local shoreline sand supply. 23 Existing marine structures causing water stagnation 24 contributing to pollution problems and fishkills should be 25 phased out or upgraded where feqasible. 26 30236. Channelizations, dams, or other substantial 27 alterations of rivers and streams shall incorporate the best 28 mitigation measures feasible, and be limited to (1) 29 necessary water supply projects, (2) flood control 30 projects where no other method for protecting existing 31 structures in the flood plain is feasible and where such 32 protection is necessary for public safety or to protect 33 existing development, or (3) developments where the 34 primary function is the improvement of fish and wildlife 35 habitat. 36 37 Article 5. Land Resources 38 39 30240. (a) Environmentally sensitive habitat areas 40 shall be protected against any significant disruption of I habitat values, ad on1y uses dependent on such 2 resources shall be allowed within such areas. 3 (b) Development in areas adjacent to 4 environmentaly sensitive habitat areas and parks and 5 recreation areas shall be sited and designed to prevent 6 impacts which would significantly degrade such areas, 7 and shall be compatible with the continuance of such 8 habitqt areas. 9 30241. The maximum amount of prime agricultural 10 land shall be maintained in agricultural production to 11 assure the protection of the areas agricultural economy, 12 and conflicts shall be minimized between agricultural 13 and urban land uses through all of the following- 14 (a) By establishing stable boundaries separating urban 15 and rural areas, including, where necessary, clearly 16 defined buffer areas to minimize conflicts between 17 agricultural and urban land uses. 18 (b) By limiting conversions of agricultural lands 19 around the periphery of urban areas to to the lands where 20 the viability of agricultural use is already severely 21 limited by conflicts ,with urban uses and where the 22 conversion of 'lie Lands, would coomplete a logical and 23 viable neighborhood and contribute to the establishment 24 of a stable limit to urban development. 25 (c) By developing available lands not suited for 26 agriculture prior to the conversion of agricultural lands. 27 (d) By assuring that public service and facility 28 expansions and nonagricultural development do not 29 impair agricultural viability, either through increased 30 assessment costs or degraded air and water quality. 31 (c) By assuring that all divisions of prime agricultural 32 lands, except those conversions approved pursuant to 33 subdivision (b) of this section, and all development 34 adjacent to prime agricultural lands shall not diminish the 35 productivity of such prime agricultural lands. 36 30242. All other lands suitable for agricultural use 37 shall not be converted to nonagricultural uses unless (1) 38 continued or renewed agricultural use is not feasible, or 39 (2) such conversion would preserve prime agricultural 40 land or concentrate development consistent with Section 1 30250. Any such permitted conversion shall be 2 compatible with continued agricultural use on 3 surrounding lands. 4 30243. The long-term productivity of soils and 5 timberlands shall be protected, and conversions of coastal 6 commercial timberlands in units of commercial size to 7 other uses or their division into units of noncommercial 8 size shall be limited to providing for necessary timber 9 processing and related facilities. 10 30244. Where development would adversely impact 11 archaeological or paleontological resources as identified 12 by the State Historic Preservation Officer, reasonable 13 mitigation measures shall be required. Article 6. Development 8 30250. (a) New development, except as otherwise 9 provided in this division, shall be located within. 10 contiguous with, or in close proximity to, existing 11 developed ares able to accommodate it or, where such 12 areas are not able to accommodate it, in other areas with 13 adequate public services and where it will not have 14 significant adverse effects, either individually or 15 cumulatively, on coastal resources. In addition, land 16 divisions, other than leases for agricultural uses, outside 17 existing developed areas shall be permitted only where 18 50 percent of the usable parcels in the area have been 19 developed and the created parcels would be no smaller 20 than the average size of surrounding parcels. 21 (b) Where feasible, new hazardous industrial 22 development shall be located away from existing 23 developed areas. 24 (c) Visitor-serving facilities that canno feasibly be 25 located in existing developed areas shall be located in 26 existing isolated developments or at selected points of 27 attraction for visitors. 37 30251. The scenic and visual qualities of coastal areas 38 shall be considered and protected as a resource of public 39 importance. Permitted development shall be sited and 40 designed to protect views to and along the ocean and 1 accordance with this section and Section 30251 and 30262 2 if (1) alternative locations are infeasible or more 3 environmentally damaging; (2) to do otherwide would 4 adversely affect the public welfare; and (3) adverse 5 environmental effects are mitigated to the maximum 6 extent feasible. 30 30261. (a) Multicompany use of existing and new 31 tanker facilities shall be encouraged to the maximum 32 extent feasible and legally permissible, except where to 33 do so would result in increased tanker operations and 34 associated onshore development incompatible with the 35 land use and environmental goals for the area. New 36 tanker terminals outside of existing terminal areas shall 37 sited sufficently offshore situated as to avoid 38 risk to environmentally sensitive areas and shall use a 39 monobuoy system, unless an alternative type of system 40 can be shown to be environmentally preferrable for a 1 specific site. Tanker facilities shall be desized to 2 minimize the tota volume of oil spilled, (2) minimize the 3 risk of collision from movement of other vessels, (3) have 4 ready access to the most effective feasible containment 5 and recovery equipment for oil spills, and (4) have 6 onshore facilities to receive any fouled 7 bailast water from tankers where operationally or logically 8 required. 9 (b) Only one liquefied natural gas trminal shall be 10 permitted in th3 coastal zone until engineering and 11 operational practives can eliminate any significant risk to 12 life due to accident or until guaranteed supplies of 13 liquefied natural gas and distribution system dependence 14 on liquefied natural gas are substaintial enough that an 15 interruption of service from a single liquefied natural gas 16 facility would cause substantial public harm. 17 Until the risks inherent in liquefied natural gas 18 terminal operations can be sufficiently identified and 19 overcome and such terminals are found to be consistent 20 with the health and safety of nearby hum,an populations, 21 terminals shall be built only at sites remote from human 22 population concentrations. Other unrelated 23 development in the vicinity of a liquefied natural gas 24 terminal site which is remote from human population 25 concentrations shall be prohibited. At such time as 26 liquefied natural gas marine terminal operations are 27 found consistent with public safety terminal sites only in 28 developed or industralized port areas may be approved. 31 30262. Oil and gas development shall be permitted in 32 acordance with Section 30260 if the following conditions 33 are met: 34 (a) The development is performed safely and 35 consistent with the geologic conditions of the well site. 36 (b) New or expanded facilities related to such 37 development are soncolidated to the maximum extent 38 feasible and legally permissible, unless consolidation will 39 have adverse environmental consequences and will not 40 significantly reduce the number of producing wells, 1 support facilities, or sites required to produce the 2 reservoireconomically and with minimal environmental 3 impacts. 4 (c) Environmentally safe and feasible subsea 5 completions are used when drilling platforms or islands 6 would substantially degrade coastal visual qualities unless 7 use of such structures will result in substantially less 8 environmental risks. 9 (d) Platforms or islands will not be sited where a 10 substantial hazard to vessel traffic might result from the 11 facility or related operations, determined in consultation 12 with the United States Coast Guard and the Army Corps 13 of Engineers. 14 (e) Such development will not cause or contribute to 15 subsidence hazards unless it is determined that 16 adequate measures 17 will be undertaken to prevent damage from such 18 subsidence. 19 (f) With respect to new facilities, all oilfield brines 20 are reinjected into oil-producing zones unless the 21 Division of Oil and Gas of the Department of 22 Conservaton determines to do so wuld adversely affect 23 production of the reservoirs and unless injection into 24 other subsurface zones will reduce environmental risks. 25 Exceptions to reinjections will be granted consistent with 26 the Ocean Waters Discharge Plan of the State Water 27 Resources Control Board and where adequate provision 28 is made for the elimination of petroleum odors and water 29 quality problems. 30 Where appropriate monitoring programs 31 to record land surface and near-shore ocean floor 32 movements shal1 be initiated in locations of new 33 fluid extraction on land or ncear shore before 34 operations begin and shall continue until surface 35 conditions have stabilized. Costs of monitoring and 36 mitigation programs shall be borne by liqiod and gas 37 extraction operators. 40 30263. (a) New or expanded refineries or 1 petrochemicals facilities not otherwise consistent with the 2 provisions of this division shall be permitted if (1) 3 alternative locations are not feasible, or are more 4 environmentally damaging, (2) adverse environmental 5 effects are to the minimum extent feasible. (3) 6 it is found that not permitting such development would 7 adversely affect the public welfare: (4) the facility is not 8 located in a highly scenic or seismically hazardous area, 9 on any of the Channel Islands, or within or 10 contiguous to environmentally sensitive areas: and (5) 11 the facility is sited so s to provide a sufficient buffer area 12 to minimize adverse impacts on surrounding property. 13 (b) In addition to meeting all applicable air quality 14 standards, new or expanded refineries or petrochemical 15 facilities shall be permitted in areas designated as air 16 quality maintenance areas by the State Air Resources 17 Board and in areas where coastal resources would be 18 adversely affected only if the negative impacts of the 19 project upon air quality are offset by reductions in 20 gaseous emissions in the area by the users of the fuels, or, 21 in the case of an expansion of an existing site, total site 22 emisson levels, and site leavels for each emission type for 23 which national or state ambient air quality standards 24 have been established do not increase. 25 (c) New or expanded refineries or petrochemical 26 facilities shall minimize the need for one-through 27 cooling by using air cooling to the maximum extent 28 feasible and by using treated waste waters from inplant 29 processes where feasible. 36 30264. Notwithstanding any other provision of this 37 division, except subdivisions (b) and (c) 38 of Section 30413. new or expanded thermal electric 39 generating plants may be constructed in the coastal zone 40 if the proposed coastal site has been determined by 1 State Energy Resources Conservation and Devleopment 2 Commission to have greater relative merit pursuant to 3 the provisions of Section 23516.1 than available 4 alternative sites and related facilities for an applicant's 5 service area which have been determined to be 6 acceptable pursuant to the provisions of Section 25516. CHAPTER 4. CREATION, MEMBERSHIP, AND POWERS OF COMMISSION AND RECREATIONAL COMMISSIONS Article 1. Creation, Membership and Commission and Regional Commission 30301. The commission shall consist of the following 15 members: (a) The Secretary of the Resources Agency. (b) The Secretary of the Business and Transportation Agency. (c) The Chairperson of the State Lands Commission. (d) Six representatives of the public, who shall not be members of any regional commission, from the state at large. The Governor, the Senate Rules Committee, and the Speaker of the Assembly shall each appoint two of such members. (e) Six representatives from the regional commissions, selected by each regional commission from almong its members. Within 60 days after the termination of any regional commission pursuant to Section 30305. the member on the commission shall be replaced by a county supervisor or city councilperson who shall reside within a coastal county of such region, to be appointed as follows: (1) Upon the termination of the first reginal commission, the Governor shall appoint the first member under this subdivision. (2) Upon the termination of the second regional commission, the Senate Rules Committee shall appoint the second member under this subdivision. (3) Upon the termination of the third regional commission, the Speaker of the Assembly shall appoint the third member under this subdivision. (4) Upon the termination of the fourth, fifth, and sixth regional commissions, the process of appointment of the members of commissions under paragraphs (1). (2), and (3) of this subdivision shall be repeated in that order In any event, each regional commission's representative on the commission shall continue to serve until the new member has been appointed pursuant to this subdivision. 30301.2. (a) The appointments of the Governor, the Senate Rules Committee, and the Speaker of the Assembly, pursuant to subdivision (e) of Secton 30301, shall be made in the following manner: Within 30 days after the termination of a regional commission, the boards of supervisors and city selection committee of each county within the region shall nominate # supervisors or council members from which the Governor, Senate Rules Committee or Speaker of the Assembly shall appoint a replacement. In regions composed of three counties, the boards of supervisors and region shall each nominate one or more supervisors or council members. In regions composed of two counties, the boards of supervisors and the city selection committee in each county within the region shall each nominate no less than two supervisors and two council members. In regions composed of one county, the board of supervisor and city selection committee in the county shall nominate no less than three supervisors and three council members. Immediately upon selecting the nominees, the board of supervisors and city selection committee shall send the names of the nominees to either the Governor, the Senate Rules Committee, or the Speaker of the Assembly whoever will appoint the replacement. (b) Within 30 days after receiving the names of the nominees pursuant to subdivision (a), the Governor, the Speaker of the Assembly, or the Senate Rules Committee, whoever will appoint the replacement, shall either appoint one of the nominees or notify the boards of supervisors and city selection committees within the region that none of the nominees are acceptable and request the boards of supervisors and city selection committees to make additional nominees. Within 60 days after receipt of a notice rejecting all the nominees, the boards of supervisors and city selection committees within the region shall nominate and send to the appointing authority additional nominees pursuant to subdivision (a). Upon receipt of the names of the nominees, the appointing authority shall appoint one of the nominees. 30301.5. (a) Members of the commission serving under subdivision (a), (b), or (c) of Section 30301 shall be nonvoting members and may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of such member pursuant to this division. (b) Any county supervisor or city councilperson appointed to the commission pursuant to subdivision (e) of Section 30301, may, subject to the confirmation of his or her appointing power, appoint an alternate member to represent him or her on the commission. The alternate shall serve at the pleasure of the county supervisor or city councilperson who appointed him or her and shall have all the powers and duties of a member of the commission. Applicable provisions of Section 30314 shall apply to alternates appointed pursuant to this subdivision. 30302. The six regional commissions shall be constituted as follows: (a) The North Coast Regional Commission for Del Norte, Humboldt, and Mendocino Counties shall consist of the folloing members: (1) One supervisor and one city councilperson from each county. (2) Six representatives of the public. for (b) The North Central Coast Regional Commission Sonoma, Marin, and San Francisco Counties shall consist (of the folllowing members: (1) Ono supervisor and one city councilperson from Sonoma County and Marin Count),. (2) Two supervisors of the City and County of Sank Francisco. (3) One delegate of the 'Association of Bay Area Governments. (4) Scven representatives of the public. (c) The Central Coast Regional Commission for San Mateo, Santa Cruz, and Monterey Counties shall consist( of the following members: (1) One supervisor and one city councilperson from each county. (2) One delegate of the Association of Bay Area Covernments. (3) One delegate of the Association of Monterey Bay Area Governments. (4) Eight representatives of the public (d) The South Central Coast Regional Commission for San Luis Obispo, Santa Barbara, and Ventura Counties shall consists of the following members: (1) One 5upervisor and one city councilperson from each county. (2) Six representatives of the Public. (e) The South Coast Regional Commission for Los Angeles and Orange Counties shall consist of the following members: (1) One supervisor from each county. (2) One city councilperson from the City of Los Angeles nominated by majority vote of such city council and appointed by the president of such City Council. (3) One city councilperson, from Los Angeles County from a city other than Los Angeles. (4) One citv councilperson from Orange County. (5) One delegate of the Southern California Association of Governments. (6) Six rep resell tat Ives of the public. (f) The San Diego Coast Regional Commission for San Diego County, shall consist of the following members: (1) Two supervisors from San Diego County and two city councilpersons from San Diego County, at least one of whom shall be from a city which lies, in whole or in, part, within the coastal zone. (2) One city councilperson from the City of San Diego, selected bv the city council of such city. (3) One member of the San Diego Comprehensive Planning Organization. (4) Six representatives of the Public. 30303. The members of the regional commissions shall be selected or appointed as follows: (a) All supervisors, by the board of supervisors on which they sit. (b) All city cuncilpersons, except under paragraph (2) of subdivision (d) and paragraph (s) of subdivision (f) of Section 30302 by the city selection committee of their respective counties. (e) All delegates of regional agencies, by their representive agency. (d) All members representing the public at large, equally by the Governor, the Senate Rules Committee, and the Speaker of the Assembly: provided, however, that the extra member under paragraph (f) of subdivision (b) of Section 30302 shall be appointed by the Governor and the extra members under paragraph (4) of subdivision (c) of Section 30302 shall be appointed one by the Senate Rules Committee and one by the Speaker of the Assembly, respectively. 30301. A member of a regional commission who is also a supervisor from a county or city and county with a population greater than 400,000 may, subject to confirmation by his or her appointing power, appoint an alternate member to represesnt him or her at any regional commission meeting. The alternate shall serve at the pleasure of the member who appointed him or her and shall have all the powers and duties as a member of the regional commission, except that the alternate shall only participate and vote in meetings in the absence of the member who appointed him or her. An alternate shall not be eligible for appointment to the commission as a regional representative to the commission. 30304.5. (a) The regional commission shall be established pursuant to the provisins of this chapter and shall, no later than January 11, 1977, select their representatives to the commission. (b) A reginal commission shall take no actin, other than selecting a representative to the commission as provided in subdivision (2), and shall have no powers. t duties or responsibilities pursuant to the provisions of his division unless and until the commission, Pursuant to subdivision (c). has certified that the regional commission tor anv region is necessary to expedite the review of local coastal programs and coastal development permit applications pursuant to the provisions of this division. (c) The commission shall review the projected workload relative to the processing and review of local coastal programs and coastal, development >. permits within each region of the coastal If the zone. commission determines that its workload and. the projected workload within any region is of such magnitude that unreasonable delays will result unless the appropriate regional commission is authorized to review and process local coastal programs and coastal development permit applications, the commission shall by majority vote of its appointed members, certify that such regional commission is necessary to carry out the provisions of this division. Upon certification by the commission pursuant to this subdivision, the appropriate regional commission shall assume all the powers, duties and rsponsibilities provied in this division. (d) In the absence of a certification pursuant to subdivision (c), the commission shall, within any region of the coastal zone, assume all the powers, duties, and responsibilities ties of the regional commission as provided in this division. After certification pursuant to subdivision (c), the powrs, duties and responsibilities of the commission and the appropriate regional commission shall be exercised in the manner provided in this division. 30305. Each regional commission shall terminate within 30 davs after the last local coastal program required within its region pursuant to Chapter 6 (commencing with Section 30500) of this division has been certified and all implementing devices have become effective on June 30, 1979, whichever is the earlier date. Upon the termination of any regional commission the commission shall succeed to any and all of such reginal commission's obligations, powers, duties, responsibilities, benefits, or legal interests. Article 2. Qualifications and Organization 30310. (a) It is the intent of the Legislature to provide. to the maximum extent possible, for a smooth transition and continuity between the coastal program established by the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000) and this division. Except with respect to appointments made pursuant to subdivision (e) of Section 30301, at least one-half of each of the commission and regional commission member appointments by the Governor, the Senate Rules Committee, and the Speaker of the Assembly shall be persons who on November 30, 1976, were serving as members of the California Coastal Zone Conservation Commission or regional coastal zone conservation commissions established by the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000) unless such persons are not available for such appointment. (b)In making their appointments pursuant to this division, the Governor, the Senate Rules Committee, and the Speaker of the Assembly shall make good faith efforts to assure that their appointments, as a whole, refelct, to the greatest extent feasible, the economic, social, and geographic diversity of the state. 30311. Notwithstanding any other provision of law, each member of the commission and each regional commission shall be appointed or selected on or before January 2, 1977. 30312. The trms of office of commission and regional commission members shall be as follows: (a) Any person qualified for membership because he or she holds a specified office as a locally elected official shall serve the pleasure of his or her selecting or appointing authority; provided, however, that such membership shall cease when his or her term of office as a locally elected official ceases. (b) Any member appointed by the Governor, the Senate Rules Committee, or the Speaker of the Assembly shall serve for two years at the pleasure of their appointing power. Such members may be reappointed for succeeding two-year periods. (c) Members of the commission who are representatives of a regional commission shall serve on the commission at the pleasure of the regional commission. 30313. Vacancies that occur shall be filled within 30 days after the occurrence of the vacancy, and shall be filled in the same manner in which the vacating member was selected or appointed. 30314. Except as provided in this section, members or alternates of the commission or any regional commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties to the extent that reimbursement for such expenses is not otherwise provided or payable to another public agency or agencies, and shall receive fifty dollars ($50) for each full day of attending meetings of the commission or of any regional commission. In addition, members or alternates of the commission shall receive twelve dollars and fifty cents ($12.50) for each hour actually spent in preparation for a commission meeting; provided, however, that for each meeting no more than eight hours of preparation time shall be compensated as provided herein. An alternate shall be entitled to payment and reimbursement for the necessary expenses incurred in participating in regional commission or commission meetings; provided, however, that only the member or his or her alternate shall receive such payment and reimbursement, and if both the member and alternate prepare for, in the case of alternates to the commission, attend, and participate. in am portion of a regional commission or commission meeting, only the alternate shall be entitled to such payment and reimbursement. 30015. The commission and regional commission shall meet at least once a month at a place convenient to the public. All meetings of the commission and each regional commission shall be open to the public. Unless otherwise specifically provided for in this division, a majority of the total appointed membershipof the commission or of the regional commission, as the case may be, shall constitute a a qurum and shall be necessary to approve any action required or permitted under this division. 30316. The commission and each regional commission shall elect a chairperson and vice chairperson from among its members. 30317. The headquarters of commission shall be in a coastal county. but it may meet and may exercise any or all of its powers in any part of the state. The commission shall designate the location of the headquarters for each regional commission within the region of such regional commission. After the termination of a regional commission pursuant to Section 30305, the commission may maintain regional offices, if it finds that accessibility to, and participation by the public will be better served or that the provisions of this division. can be implemented more efficiently through the maintenance of such offices. 30318. Nothing in this division shall preclude or .prevent any member or employee of the commission or any regional commission who is also an employee of another public agency, a county supervisor or city councilperson, member of the Association of Bay Area Governments, member of the Association of Monterey Bay Area Governments, delegate to the Southern California Association of Governments, or member of the San Diego Comprehensive Planning Organization, and who has in such designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon such matter as a member or employee of the commission or any regional commission, as the case may be. Nothing in this section shall exempt any such member or employee of the commission or any regional commission, from any other provision of this article. Article 3. Powers and Duties 30330. The commission, unless specifically otherwise provided, shall have the primary responsibility for the implementation of the provisions of this division and it designated as the state coastal zone planning and management agenchy for any and all purposes, and may exercise any and all powers set forth in the Federal Coastal Zone Management Act of 1972 (16U.S.C.1451,et seq.) or any amendment therto or any other federal act heretofore or hereafter enacted that relates to the planning or management of the coastal zone. In addition to any other authority, the commission may, except for a facility defined in Section 25110, grant or issue any certificate or statement required pursuant to any such federal law that an activity or any person, including any local, state, or federal agency, is in conformity with the provisions of this division. With respect to any project outside the coastal zone that may have a substantial effect on the resources within the jurisdiction of the San Francisco Bay Conservation and Devleopment Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and for which any certification is required pursuant to the Federal Coastal Zone Management Act of 1972 (16U.S.C.1451.et seq.), such certification shall be issued by the Bay Conservation and Development Commission: provided however, the commission may review and submit comments for any such project which affects resources within the coastal zone. 30331. The commission is designated the successor in interest to all remaining obligations, powers, duties, responsibilities, benefits, and interests of any sort of the California Coastal Zone Conservation Commission and of the six regional coastal zone conservation commissions established by the California coastal Zone Conservation Act of 1972 (commencing with Section 27000). 30333. The commission may adopt rules and regulations to carry out the purposes and provisions of this division, and to govern procedures of the commission and regional commissions. Each regional commission may adopt any regulation or take any action it deems reasonable and necessary to carry out the provisions of this division; provided, however, that no regulation adopted by a regional commission shall take effect until the commission has first 30333.5. Notwithstanding any other provision of this division, the commission may, by a majority vote of the appointed members, remove any local coastal program or any portion thereof any coastal development permit application or appeal therefrom, from any regional commission for direct consideration and action by the commission where to do so would expedite the review of such local coastal program or coastal development permit application pursuant to this division. The commission shall make such removal where it finds that the regional commission is not processing the local coastal program or any portion thereof, a coastal development permit application, or appeal therefrom, in a reasonably expeditious and timely manner. 30334. The commission and each regional commission, subject to the approval of the commission, may do the following: (a) Contract for any private professional or governmental services, if such work or services cannot be satisfactorily performed by its employees. (b) Sue and be Sued. The Attorney General shall represent the commission. and any regional commission in any litigation or proceeding before any court, board, or agency fo the state or federal government. 30334.5. In addition to the authority granted by Section 30334. the commission may apply for and accept grants, appropriations, and contributions in any form. 30335. The commission and each regional commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of his or her appointing power. The commission shall prescribe the duties and salaries of each executive director, and, consistent with applicable civil service laws, shall appoint and discharge any officer, house staff counsel, or employee of the commission or any regional commission as it deems necessary to carry out the provisions of this division. 30336. The commission and each regional commission shall, to the maximum extent feasible, assist local governments in exercising the planning and regulatory powers and responsibilities provided for by this division where the local government elects to exercise such powers and responsibilities and requests assistance from the commission of regional commissions, and shall cooperate with and assist other public agencies in carrying out this division. Similarly, each public agency, including regional and state agencies and local governments, shall cooperate with the commission and any regional commission and shall, to the extent their resources permit, provide any advice, assistance, or information the commission or regional commission may require to perform its duties and to more effectively exercise its authority. 30337. The commission shall, where feasible, and in cooperation with the affected agency, establish a joint development permit applicaiton system and public hearing procedures with permit issuing agencies that includes application and public hearing procedures. 30338. By May 1, 1977, the commission, after full consultation with the State Watr Resources Control Board, shall adopt regulations for the timing of its review of proposed treatment works pursuant to the provisions of subdivision (c) of Section 30412. 30339. The commission and each regional commission shall: (a) Ensure full and adequate participation by all interested groups and the public at large in the commission's and each regional commission's work program. (b) Easure that timely and complete notice of commission and regional commission meetings and public hearings is disseminated to all interested groups and the public at large. (c) Advise all interested group and the public at large as to effective ways of participating in commission and regional commission proceedings. (d) Recommend to any local government preparing or implementing a local coastal program and to any state agency that is carrying out duties or responsibilities pursuant to the provisions of this division, and additional measures to assure open consideration and more effective public participation in such programs or activities. 30340. The commission shall be responsible for the management and budgeting of any and all funds that may be appropriated, allocated, granted, or in any other way made available to the commission or any regional commission for expenditure. 30311. The commission or any regional commission, with the commission's approval, may prpepare and adopt anv additional plans and maps and undertake any studies it deems necessary and appropriate to better accomplish the purposes, goals. and policies of this division: provided, however, that such plans and maps shall only be adopted after public hearing. 30342. The commission shall evaluate progress being made toward implementation of the provisions of this division and shall submit a report to the Governor and Legislature on January Ist of every other year, Commencing on January 1, 1979. -A. CHAPTER 5. STATE AGENCIES Article 1. General 30400. It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities. 30401. Except as otherwise specifically provided in this division, enactment of this division does not increase, decrease, duplicate or supersede the authority of any existing state agency. This chapter shall not be construed to limit in any way the regulatory controls over development pursuant to Chapters 7 (commencing with Section 30606 and 8 (commencing with Section 30700), provided however, neither the commission nor any regional commission shall set standards or adopt regulations that duplicate regulatory controls established by any existing state agency pursuant to specific statutory requirements or authorization. 30402. All state agencies shall carry out their duties and responsibilities in conformity with this division. 30403. It is the intent of the Legislature that the policies or this division and all local coastal programs prepared pursuant to Chapter 6 (commencing with Section 30500) should provide the common assumptions upon which state functional plans for the coastal zone are based in accordance with the provisions of Section 65036 of the Government Code. 30401. The commission shall periodicaly in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry, the State Water Resources Control Board and the California reginal Water quality control boards, the State Air Resources Board and air pollution control districts, the Department of Fish and Game, the Department of Parks and Recreation, the Department of Navigation and Ocean Development, the Division of Mines and Geology, the Division of Oil and Gas, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage it to carry out its functions in a manner consistent with this division. The recommendations may include proposed changes in administrative regulations, rules, and statues. Each such state agency shall review and consider such recommendations and shall, within six months after receipt and in the event the recommendations are not implemented, report to the Governor and the Legislature its action and reasons therefor. Such report shall also include the agency's comments on any legislation which may have been proposed by the commission. VIC Article 2. State Agencies 30410. ("a The commission and the San Francisco Bav Conservation and Development Commission shall conduct a joint review of this division and Title 7.2 (commencing with Section 66600) of the Government Code to determine how the program administered by the San Francisco Bay Conservation and Development Commission shall be related to this division. Both commissions shail joint present their recommendations to the Legislature not later than July 1, 1978. (b) It is the intent of the Legislature that the ports under the Jurisdiction of the San Francisco Bay Conservation and Development Commission, including the Ports of San Francisco, Oakland, Richmond, Redwood City, Encinal Terminals, and Benicia, should be. treated no less favorably, than the ports under the Jurisdiction of the commission covered in Chapter 8 (commencing with Section 30700) under the terms of any legislation which is developed pursuant to such study. 30411. (a) The Department of Fish and Came and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programd and neither the commission nor any regional commission shall estabblihsh or impose any controls with respect thereto that duplicate or exceed regulatory controls established by such agencies pursuant to specific statutory requirements or authorization. (b) The Department of Fish and in consultation with the commission and the Department of Navagation and Ocean Development, may study degraded wetlands and identify those which can most feasibly be restored in conjunctin with development of a boating facility in subdivision (a) of Section 30223. Any such study shall include consideration of all of the following: (1) Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a hiqh level of biological productivity without major restoration activities. (2) Whether a substantial portion of the degraded wetland. but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in condunctin with a boating facilities project. (3) Whether restoration or the wetland's natural values, including its biological productivi an wildlife habitat features, can most feasibly be achieved and maintained in cojunction with a boaing facility or whether there are other feasible ways to achieve such. values.. 30412. (a) In addition to the pro\ provisions set forth in Section 13142.5 of thqe \Vater Code, the provisions of this section shall apply to the commission and the State Water Resources Control Board and the California regional water quality control boards'. (b) The State Water Resources Control.Board and the California regional water quality control boards are the state agencies with primary responsibility for the> coordination and-control of water quality. The State Water Resources, Control Board has primary responsibilitv for the. administration of water rights pursuant to applicable law. The commission shall assure that proposed development and local coastal programs shall not frustrate the provisions of this section. Neither the commission nor any regional commission shall, except as provided in subdivision (c), modify, adopt conditions, or take any action in conflict with any determination by the State Water Resources Control Board or any California regional water quality control board in matters relating to water quality or the administration of water rights. Except as provided in this section, nothing herein shall be interpreted in any way either as prohibiting or limiting, the commission, regional commission, local government, or port governing body from exercising the regulatory controls over development pursuant to this division in a manner nccessary to carry out the provisions of this division. (c) Any development within the coastal zone or outside the coastal zone which provides service to any area within the coastal zone that constitutes a treatment work shall be reviewed by the commission and any permit it issues, if any, shall be determinative only wit& Yes respect to the following aspects of such development: (1) The, siting and visual appearance of treatment works within the coastal zone. to (2) The geographic limits of service areas within the coastal 70ne which are to be served by particular treatment works and the timing of the use of capacity of treatment works, for such service areas to allow for phasing of development and use of facilities consistent with this division. (3) Development, projections which determine the sizing of treatment works for providing service within the coastal zone. The commission shall make these determinations in accordance with the policies of this division and shall make its final determination on a permit application for a treatment work prior to the *final approval by the State Water Resources Control Board for the funding of such treatment works. Except as specifically provided in this subdivision, the decisions of the State Water Resources Control Board relative to the construction of treatment works shall be final and binding upon the commission and any - regional commission. (d) The commission shall provide or require reservations of sites for the construction of treatment works and points of discharge within the coastal zone adequate for the protection of coastal resources consistent with the provisions of this division. (e) Nothing in this section shall require the State Water Resources Control Board to fund or certify for funding any specific treatment works within the coastal zone or to prohibit the State Water Resources Control Board or any California regional water quality control board from requiring a higher degree of treatment at any existing treatment works. 30413. (a) In addition to the provisions set forth in subdivision (f) of Section 30241. and in Sections 25302, 25500, 25507, 25508, 25514, 25516.1, 25519, 25523, and 25526, the provisions of this section shall apply to the commission and the State Energy Resources Conservation and Development Commission with respect to matters within the statutory responsibility of the latter. (b) The commission shall, prior to January 1, 1978, and after oneor more public hearings, designate those specific locations within the coastal zone where the location of a facility as defined in Section 25110 would prevent the achievement of the objectives of this division; provided, however, that specific locations that are presently used for such facilities and reasonable expansion thereof shall not be so designated. Each such designation shall include a description of the boundaries of such locations, the objectives of this division which would be so affected and detailed findings concerning the significant adverse impacts that would result from development of a facility in the designated area. The commission shall consider the conclusions, if any, reacahed by the State Energy Resources Conservation and Development Commission in its most recently promulgated comprehensive report issues pursuant to Sectin 25509. The commission shall transmit a copy of its report prepared pursuant to this subdivision to the State Energy Resources Conservation and Development Commission. (c) The commission shall every two years revise and update the designations specified in subdivision (b) of this section. The provisions of subdivision (b) of this section shall not apply to any sites and related facilities specified in any notice of intention to file an application for certification filed with the State Energy Resources Conservation and Development Commission pursuant to Section 25502 prior to designation of additional locations made by the commission pursuant to this subdivision. (d) Whenever the State Energy Resources Conservation and Development Commission exercises its siting authority and undertakes proceedings pursuant to the provisions of Chapter 6 (commencing with Section 25500) of Division 15 with respect to any thermal powerplant or transmission line to be located, in whole or in part, within the coastal zone, the commission shall participate in such proceedings and shall receive from the State Energy Resources Conservation and Development Commission any notice of intention to file an application for certification of a site and related facilities within the coastal zone. The commission shall analyze each notice of intent and shall, prior to completion of the preliminary report required by Section 25510, forward to the State Energy Resources Conservation and Development Commission a written report on the suitability of the proposed site and related facilities specified in such notice of intent. The commission's report shall contain a consideration of, and findings regarding, all of the following: (1) The compatibility of the proposed site and related facilities with the goal of protecting coastal resources. (2) The degree to which the proposed site and related facilities would conflict with other existing or planned coastal-depeandent land uses at or near the site. (3) The potential adverse effects that the proposed site and related facilities would have on aesthetic values. (4) The potential adverse environmental effects on fish and wildlife and their habitats. (5) The conformance of the proposed site and related facilities with certified local coastal programs in those jurisdictins which would be affected by any such development. (6) The degree to which the proposed site and related facilities could reasonably be modified so as to mitigate potential adverse effects on coastal resources, minimize conflict with existing or planned coastal-dependent uses at or near the site, and promote the policies of this division. (7) Such other matters as the commission deems appropriate and necessary to carry out the provisions of this division. (e) The commission may, at its discretion, participate fully in other proceedings conducted by the State Energy Resources Conservation and Development Commission pursuant to its powerplant siting authority. In the event the commission participates in any public hearings held by the Stat Energy Resources Conservation and Development Commission, it shall be afforded full opportunity to presesnt evidence and examine and cross-examine witnesses. (1) The State Energy Resources Conservation and Development Commission shall forward a copy of all reports it distributes pursuant to Sections 25032 and 25306 to the commission and the commission shall, with respect to any report that relates to the coastal zone or coastal zone resources, comment on such reports, and shall in its comments include a discussion of the desirability of particular areas within the coastal zone as designated in such reports for potential powerplant development. The commission may propose alternate areas for powerplant development within the coastal zone and shall provide detailed findings to support the suggested alternatives. 30414. (a) The State Air Resources Board and local air pollution control districts established pursuant to state law and consistent with requirements of federal law are the principal public agencies responsible for the establishment of ambient air quality and emission standards and air pollution control programs. Neither the commission nor any regional commission shall modify any ambient air quality or emission standard established by the State Air Resources Board or any local air pollution control district in establishing ambient air quality or emission standards. (b) The State Air Resources Board and any locan air pollution control district may recommend ways in which actions of the commission or any regional commission can complement or assist in the implementation of established air quality programs. 30415. The Director of the Office of Planning and Research shall, in cooperation with the commission and other appropriate state agencies, review the policies of this division. If the director determines that effective implementation of any policy, requires the cooperative and coordinated efforts of several state agencies, he shall no later than July 1, 1978 and from time to time thereafter, recommend to the appropriate agencies actins that should be taken to minimize potential duplication and conflicts and which could, if taken, better achieve effective implementation of such policy. The director shall, where appropriate and after consultation with the affected agency, recommend to the Governor and the Legislature how the programs, duties, responsibilities, and enabling legislation of any state agency should be changed to better achieave the goals and policies of this division. 30416. (a) The State-Lands Commission, in carrying out its duties and responsibilities as the state agency responsible for the management of all state lands, including tide and submerged lands, in accordance with the provisions of Division 6 (commencing with Section 30500) and 8 (commencing with Section 30700) review, and may comment on any proposed local coastal program or port master plan that could direct state lands. (b) No power granted to any local government,port governing body, or special district, undr this division shall change the authority of the State Lands commission over granted or ungranted lands within its jurisdiction or change the rights and duties of its lessees or permittees. (c) Boundary settlements between the State Lands Commission and other parties and any exchanges of land in connection therewith shall not be a development within the meaning of this division. (d) Nothing in this division shall amend or alter the terms and conditions in any legislative grant of lands, in trust, to any local government, port governing body, or special district; provided, however, that any development on such granted lands shall, in addition to the terms and conditions of such -rant, be such grant, be subject to the regulatory controls provided by Chapters 7 (commencing with Section 30600) and 8 (commencing with Section 30700. 30417. (a) In addition to the provisions set forth in Section 4551.5. the provisions of this section shall apply- to the State Board of Forestry. (b) within 180 days after january 1, 1977, the commission shall identify special treatment areas within the coastal zone. in order to assure that natural and scenic -resources are adequately protected. The commission shall forward to the State Board of Forestry maps of the designated special treatment areas together with specific reasons for such destinations and with recommendations designed assist the State Board of Forestry in adopting, rules and regulations which adequately protect Ole natural and 'scenic qualities of such special treatment areas. 30418. (a) Pursuant to Divison 3 (commencing with Section 3000), the Division of Oil and Gas of the Department of Conservation is the principal state agency responsible for regulating the drilling, operation, maintenance, and abandonment of all oil, gas, and geothermal wells in the state. Neither the commission, regional commission, local government, port governing body, or special district shall establish or impose such regulatory controls that duplicate or exceed controls established by the Division of Oil and Gas pursuant to specific statutory requirements or authorization. This section shall not be construed to limit in any way, except as specifically provided, the regulatory controls over oil and gas develoment pursuant to Chapters 7 (commencing with Section 30600) and 8 (commencing with Section 30700). (b) The Division of Oil and Gas of the Department of Conservation shall cooperate with the commission by providing necessary data and technical expertise regarding proposed well operations within the coastal zone. CHAPTER 6. IMPLEMENTATION Article 1. Local Coastal Program 30500. (a) Each local Government lying, in whole or in part within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction. However, any such local government may request the conmmission to prepare a local coastal program, or a portion thereof for the local government; provided. Such request is submitted to the commission, in writing, not later than July 1, 1977. Each local coastal program prepared pursuant to this chapter shall contain a specific public access component to assure that maximum public access to the coast and public recreation areas is provided. (b) Amendments to a local qeneral plan for the purpose of developing a certified, local coastal program shall not constitute an amendment of a qeneral plan for purposes of Section 65361 of the Government Code. (c) The precise content of each local coastal program shall be determined by the local government, consistent with Section 30501, in full consultation with the commission and an appropriate regional commssion, and with full public participation. 30501. The commission shall, within 90 days after January 1, 1977, adopt, after public hearing, procedures for the preparation, submission, approval. appeal, certification, and amendment of any local coastal program, including, but not limited to, all of the following: (a) A common methodology for the preparation of, and the determination of the scope of, the local coastal programs, taking into account the fact that local governments have differing needs and characteristics. (b) A schedule for the processing of all local coastal Programs and specific guidelines to be followed by each regional commission in establishing, within 30 days after the commission has adopted such guidelines, its own schedule for processing local coastal programs within its region; however. in no event shall a local coastal program that is prepared by a local government be required to be submitted to any regional commission prior to July 1, 1978, or later than January 1, 198O. Local coastal programs or portions thereof, prepared by the commission shall be completed no later than July 1, 1989, and certified not later than December 1. 198O. (c) Recommended uses that are of more than local importance that Should be considered in the preparation of local coastal programs. Such uses may be listed generally or the commission may, from time to time, recommend specific uses for consideration by any local government. 30502. (a) The commission, in consultation with affected local governments and the appropriate regional commissions, shall. not later than September 1, 1977, after public hearing, designate sensitive coastal resource areas within the coastal zone where the protection of coastal resources and public access requires, in addition to the review and approval of zoning ordinances, and the review and approval by the regional commissions and commission of other implementing actions. (b) The designation of each sensitive coastal resource area shall be based upon a separate report prepared and adopted by the commission -which shall contain all of the following: (1) A description -of the coastal resources to be protected and,the reasons why the-area has beenco designated as a sensitive coastal resource area. (2) A specific determination that the designated area is of regional or statewide significance. (3) A specific list of significant adverse impacts that could result from development where zoning regulations alone may not adequately protect coastal resources or access. (4) A map of the area indicating its size and location. (c) In sensitive coastal resource areas designated pursuant to this section, a local coastal program shall include the implementing actions. adequate to protect the coastal resources enumerated in -the findings of the sensitive coastal resource area report in conformity with the policies of this division. 305025. The commission shall recommmend to the Legislature for designation by concurrent resolution statute those sensitive coastal resource areas designated by the commission pursuant to" Section 30502. Recommendation by the commission to the Legislature shall place the described area in (he sensitive coastal resource area category for no more than two years, Or shorter period if the Legislature specifically rejects the' recommendation. If two years pass and a recommended area has not been designated by concurrent resolution statute, it shall no longer be designated as a sensitive coastal resource area. Such a concurrent resolution A bill proposing such a statute may not be held in committee, but shall be reported from committee to the floor of each respective house with its recommendation within 60 days of referral to committee. 30503. During the preparation, approval. certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies, including special districts, shall be provided maximum opportunities to participate. Prior to submission of a local coastal program for approval. local governments shall hold a public hearing or hearings on that portion of the program which has not been subjected to public hearings within four years of such submission. 30854. Special. districts, which issue. permits or otherwise grant approval for development or which conduct development activities that may affect coastal resources, shall submit their development plans to the affected local government pursuant to Section 63401 of the Government Code. Such plans shall be considered by the affected local government in the preparation of its local coastal program. 30512. (a) The land use plan of a proposed local coastal program shall be submitted to the regional commission. The regional comission shall, within 90 days after the submittal, after public hearing, either approve or disapprove in whole or in part, the land use plan. If the proposed land use plan is not acted upon within the 90-day period, it shall be deemed approved by the regional commission. (b) Where a land use plan is disapproved, in whole or in part, the regional commission shall provide a written explanation and may suggest ways in which to modify the disapproved provisions. A local qovernment may revise a disapproved land use plan and resubmit the revised version to the regional commission or it may appeal either the disapproved portion or revised version thereof to the commission. Where the proposed land use plan is approved, in whole or in part. the land use plan or the approved portion thereof shall, within 10 working days of such approval, be forwarded by the regional commission commission to the commission for certification. (c) The commission shall, not less than 21 days nor more than 45 days after a. land use plan has been submitted or appealed to it, determine bv a majority of Members present majority vote. after a public hearing, whether specific provisions of the land use plan raise a substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200). If the commission finds no substantial issue, the decision of the regional commission -shall be final, and in the case of regional commission approvals, the land use plan shall be deemed certified. If the commission determines a substantial issue is raised. it shall, following public hearing and within 60 days from receit of the land use plan, either refuse certification or certify, in whole or in part, the land use plan. (d) If the commission refuses certification, in whole or in part. -it shall send a written explanation for such action to the appropriate local government and regional commission. A revised land use plan may be resubmitted directly to the commission for certification. (c) A regional commission shall approve and the commission shall cerity, or the commission shall approve and certify where there is no regional commission, a land use plan. or any amendments thereto, if such commission finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) of this division. 30513. The local government shall submit to the regional commission and the commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions which are required pursuant to this chapter. (a) If within 60 days after receipt of the zoning ordinances, zoning district maps, and other implementing actions the regional commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. A regional commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with or are inadequate to carry out, the provisions of the certified land use plan. If the regional commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection specifying the provisions of land use plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out together with its reasons for the action taken. (b) The local government may revise and resubmit the rejected zoning ordinances, zoning district maps, or other implementing actions to the regional commission or it may, within 10 days after receipt of a notice of such rejection, appeal to the commission. (c) Any aggrieved person may appeal to the commission within 10 working days after approval or rejection of the zoning ordinances, zoning district maps, or other implementing actions by a regional commission or after the zoning ordinances, zoning district maps, or other implementing actions are deemed approved due to the failure of the regional commission to act. (d) An appeal pursuant to subdivision (b) or (c) shall specify the action which is being appealed, the specific provision of the certified land use plan with which the zoning, ordinances, zoning district maps, or other implementing actions either conform or do not conform or which will or will, not be adequately carried out. and the appeliant's reasons for such position. The commission, by majority vote of those present, may refuse to hear an appeal which it determines raises no substantial issue. if the commission refuses to hear an appeal, the action of the regional commission shall be final. (e) In the absence of an appeal pursuant to subdivision (b) or (c), the commission. by a majority of those present, may, within 30 days after a zoning ordinance, zoning district map, or Other implementing action- has been approved by the regional commission, determine that a substantial issue is presented as to conformity with or adequacy to carry out the certified land use plan. (f) If within 60 days after receipt of an appeal pursuant, to subdivision (b) or (c) or within. 30 davs after a determination to review pursuant to subdivision (e), the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, such zoning ordinances, zoning district maps, or other implementing actions shall be deemed approved. The commission may only reject a zoning ordinance, zoning district map. or other implementing action on the grounds set forth in subdivision (a) and, if it does so. shall give written notice as provided in subdivision (a). The local government may revise and resubmit a rejected zoning ordinance, zoning district map, or other implementing action to the regional commission or directly to the commission in accordance with the provisions of this section. 30514. (a) A certified local coastal program and all local implementing ordinances, regulations, and other actions may be amended by the appropriate local government but no such amendment shall take effect until it has been certified bv the commission. (b) Any proposed amendment of a certified local coastal program shall be submitted to and processed by, the appropriate regional commission and the commission, or the commission where there is no regional commission, in accordance with the provisions of Sections 30512 and 30513. (C) The cormmission shall. bv regulations, establish a procedure whereby proposed amendments to a certified local coastal program may be reviewed and designated by the executive director, of the commission as being minor in nature. Proposed amendments that are designated as minnor shall not be subject to the provisions of Sections 30512 and 30513 and shall take effect on the 10th working day after such designation. Amendments that. allow changes in uses shall not be designated as minor. (d) For the purpose of this section, an "amendment of a certified local coastal program includes, but is not limited. to, any action by the local government which authorizes a use of a parcel of land other than that designated in the certified local coastal prograim as a permitted use of such parcel. 30515. Any person authorized to undertake a public works project or proposing an energy facility development may reqest any local government to amend its certified local coastal program, if the purpose.- of the proposed amendment is to meet public needs of an area greater than that Included within such Certified local coastal program that- had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. HE, after review, the 'local government determines that the amendment rcquested would be in conformity with. the policies of this division, it may amend its certified local coastal program. as provided in Section 30514. If the local government does not amend its local coastal program, such person may file with the commission a request for amendment which shall set forth. the reasons why the proposed amendment is necessary and how such amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing. approve and certify the proposed amendment if it finds. after a careful balancing of social, economic, and environmental effects, that to do otherwise would adversely affect the public welfare. that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible. less environmentally damaging alternative way to meet such need, and that the proposed amendment is in conformity with the policies of this division. 30516. (a) Approval of a local coastal program shall not be withheld because of the inability of the local government to financially support or implement any policy or policies contained in this division; provided, however, that this shall not require the approval of a local coastal program allowing development not in conformity with the policies in Chapter 3 (commencing with Section 30200). (b) Where a certified port master plan has been incorporated in a local coastal program in accordance with Section 30711 and the local coastal program is disapproved by the regional commission or the commission, such disapproval shall not apply to the certified port master plan. 30517. The commission or the regional commission may extend, for a period of not to exceed one year, except as provided for in Section 30518, any time. limitation established by this chapter for good cause. 30518. If a local coastal program has not been certified and all implementing devices become effective on or before January 1, 1981, the commission may take any of the following actions, if it finds that, in the absence of a certified local coastal program, any new development in the coastal zone would not be in conformity within the jurisdiction of the affected local government and would be inconsistent with the policies of this division: (a) Prohibit or otherwise restrict, by regulation, the affected local government from issuing any permit or any type of entitlement for use for any development with the coastal zone, or any portion thereof, of such local government. (b) By regulation, extend the permit requirements of Chapter 7 (commencing with Section 30530) by requiring a permit from the commission for any development within any area of the coastal zone under the jurisdiction of the affected local government. 30519. Except for appeals to the commission, as provided in Section 30503 after a local coastal program, or any portion thereof. has been certified and all implementing actions within the area affected have become effective, the development review authority provided for in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the reio. commission or by the commission where there is no regional commission over any new development proposed within the area to which such certified local coastal program, or any portion thereof, applies and shall at that time be delegated to the local government that is implementing such local coastal program or any portion thereof. (b) Subdivision (a) shall not apply to anv development proposed or undertaken on any tidelands., submerged hinds, or on public trust lands, whether filled or unfilled, lying within the coastal Zone, nor shall itapply to any development proposcd or undertaken withl n ports covered bv Chapter 8 (commencing with Section 30700) or within any state universitv or college within the coastal zone; however, this section shall apply to any development proposed or undertaken by a port or harbor district or authority on lands or waters granted by the Legislature to a local government whose certified local coastal program. includes the specific development plans for such district or authority. 30519.5. .(a) The commission shall, from time to time, but at least once ever\, five years after certification, review every certified local coastal program to determine whether such pro-ram is being effectively implemented in conformity with the policies of this division. If the commission determines that a certified local coastal program is- not being carried out in conformity with any policy of this division it shall submit to the affected local government recommendations of corrective actions that should be taken. Such recommendations may include recommended amendments to the affected local governments local coastal program. (b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government and, if the recommended action is taken the local qovernment shall, within one year of such submission. forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review such report and, where appropriate. report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy or policies of this division. 30520. If the application of any local coastal prograrn or part thereof is prohibited or-stayed bv any court, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the regional commission or In the commission where there is no regional commission. The reinstated permit authority shall apply as to any development which- would be affected by the prohibition or stay. 30521. The Legislature hereby finds and declares that the early review of a limited number of local coastal programs. may provide valuable experience for future- review and processing of local coastal programs and that in consideration of the early commitments made by the involved local governments, any local coastal program prepared for that portion of a local jurisdiction designated as a pilot project area by the California Coastal Zone Conservation Commission between August 31, 1976, and October 31, 1976, shall receive prioritv frorn the regional commission and the commission by being Processed ahead of other local coastal programs pursuant to the provisions of this chapter. Any such pilot project may be reviewed and approved by the appropriate regional commission and the commission without being subject to the procedures required by Section 30501; Provided, that the proposed local coastal program, or portion thereof, is in conformity with the policies of Chapter 3 (commencing with Section 30200), serves as a Useful model for future review of local coastal programs, and the regional commission has commenced formal review of he land use phase of a local coastal program June 1, 1977. 30522. Nothing in this chapter shall permit tile commission to certify a local coastal program which provides for a lesser degree of environmental protection than that Provided by the plans and Policies of any state regulatory agency. CHAPTER 7. DEVELOPMENT CONTROLS Article 1. General Provisions 30500. (a) In addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, on or after January 1, 1977, any person wishing to perform or undertake any development in the coastal zone, other than a facility subject to the provisions of Section 25500, shall obtain a coastal development permit. (b) Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5. establish procedures for the filing processing. review, modification, approval, or denial of a coastal development permit. Such procedures may be incorporated and made a part of the procedures relating to any other appropriate land use development permit issued by the local government. A coastal development permit from a local government shall not be required by this subdivision for any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required. (c) If prior to certification of its local coastal program, a local government does not exercise the option provided in subdivision (b), or a development is not subject to the requirements of subdivision (b), a coastal development permit shall be obtained from a regional commission the commission on appeal, or the commission where there is no regional commission. (d) After certification of its local coastal program, a coastal development permit shall be obtained from the local government as provided for in Section 30519. 30601. Prior to certification of the local coastal program and, where applicable, in addition to a permit from local government pursuant to subdivision (b) of Section 30600, a coastal development permit shall be obtained from, the regional. commission, or the commission on appeal. or the commission where there is no regional commission, for any of the following: (1) Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland of anv beach or of the mean high tide line of the extent sea where there is no beach, whichever is the greater distance. (2) Developments not included within paragraph (1) located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary. stream, or within r 300 feet of the top of the seaward face of any coastal bluff. (3) Any development which constitutes a major public works project or a major energy facility. 30602. (a) Prior. to certification of its local coastal program, any action taken by a local government on a coastal development may be appealed by the executive director of the regional commission, any person and including the applicant, or of the regional commission or the any two members of the regional commission or the commission to the regional commission. Such action slall become final after the 20th working day after receipt of the notice required bv subdivision (c) of section 30320.5 uniess an appeal I filed within that time. (b) Any action taken by a regional commission on a coastal development permit application pursuant to this section or Section 30600, may be appealed to the commission, in accordance with the provisions of subdivision (a) of 'Section 30625. Such action shall become final after the 10th working day, unless an appeal is filed within that time. SL 30603. (a) After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for any of the following: (1) Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. (2) Developments approved by the local government not included within paragraph (1) of this subdivision located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. (3) Developments approved by the local government not included within paragraph (1) or (2) of this subdivision located in a sensitive coastal resource area if the allegation on appeal is that the development is not in conformity with the implementing actions of the certified local coastal program. (4) Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500). (5) Any development which constitutes a major public works project or a major energy facility. (b) The grounds for an appeal pursuant to paragraph (1) of subdivision (a) shall be limited to the following: (1) The development fails to provide adequate, physical access or public or private commercial use or interferes with such uses. (2) The development fails to protect public views from any public road or from a recreational area to, and along the coast. (3) The development is not compatible with the established physical scale of the area. (4) The development may significantly alter existing natural landforms. (5) The development does not comply with shoreline erosion and geologic setback requirements. (c) The standard of review for any development reviewed pursuant to subdivision (a) or (b) (3) shall be in conformity with the implementing actions of the certified local coastal program. Such action shall become final after the 10th working day, unless an appeal is filed within that time. 30504. (a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds that the propesed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) of this division and that the permitted development will not prejudice the ability of the local government to prepare a local coastal program that is in conformity with the provisions of Chapter 3 (commencing with Section 30200). (b) After certification of the local coastal program a coastal development permit shall be issued if the issuing agency or the commission on appeal finds that the proposed development is in conformity with the certified local coastal program. (c) Every coastal development permit issued for any development between the nearest public road and the sea or the shoreline of any body of water located within the coastal zone shall include a specific finding that such development is in conformity with the public access and public recreation policies of Chapter 3 (commencing with Section 30200) (d) Nothing in this division shall authorize the denial of a coastal development permit on grounds that a portion of the proposed development not within the coastal zone will have adverse environmental impacts outside the coastal zone: provided, however, that the portion of the proposed development within the coastal zone shall meet the requirements of this chapter. 30605. To promote greater efficiency for the planning of any public works or state university or college development projects and as an alternative to project-by-project review, plans for public works or state university or college long-range land use development plans may be submitted to the regional commission and the commission for review in the same manner prescribed for the review of local coastal programs as set forth in Chapter 6 (commencing with Section 30500). If any such plan for public works or state university or college development project is submitted prior to certification of the local coastal programs for the jurisdictions affected by the proposed public works, the commission shall certify whether such proposed plan is consistent with the provisions of Chapter 3 (commencing with Section 30200). The commission shall, by regulation, provide for the submission and distribution to the public, prior to public heartings on the plan, detailed environmental information sufficient to enable the commission to determine the consistency of the plans with the policies of this division. If any such plan for public works is submitted after the certification of local coastal programs, any such plan shall be approved by the commission only if it finds, after full consultation with the affected local governments, that the proposed plan for public works is in conformity with certified local coastal programs in jurisdictions affected by the proposed public works. Each state university or college shall coordinate and consult with local government in the preparation of long-range development plans so as to be consistent, to the fullest extent feasible, with the appropriate local coastal program. Where a plan for a public works or state university or college development project has been certified by the commission, any subsequent review by the commission of a specific project contained in such certified plan shall be limited to imposing conditions consistent with Sections 30607 and 30607.1. A certified long-range development plan may be amended by the state university or college, but no such amendment shall take effect until it has been certified by the commission. Any proposed amendment shall be submitted to, and processed by, the regional commission or the commission in the same manner as prescribed for amendment of a local coastal program. 30606. Prior to the commencement of any development pursuant to Section 30605, the public agency proposing the public works project, or state university or college, shall notify the commission and other interested person, organizations, and governmental agencies of the impending development and provide data to show that it is consistent with the certified public works plan or long-range development plan. No development shall take place within 30 working days after such notice. 30607. Any permit that is issued or any development or action approved on appeal, pursuant to this chapter, shall be subject to reasonable terms and conditions in order to ensure that such development or action will be in accordance with the provisions of this division. 30607.1. Where any dike and fill development is permitted in wetlands in conformity with this division, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action; provided, however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface areas shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking: provided, that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. 30608. (a) No person who has obtained a vested right in a development prior to the effective date on which of this division is chaptered by the Secretary of State or who has obtained a permit from the California Coastal Zone Conservation Commission pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000) shall be required to secure approval for the development pursuant to this division: provided, however, that no substantial change may be made in any such development without prior approval having been obtained under this division. (b) If construction of the exempted development has not in good faith been pursued within three years after a claim of exemption has been requested and approved by the regional commission, the commission on appeal, or the commission where there is no regional commission, the vested right shall be presumed to have been abandoned and the development shall be required to be approved in accordance with the provisions of this division. 30609. Where, prior to January 1, 1977, a permit was issued and expressly made subject to recorded terms and conditions that are not dedications of land or interests in land for the benefit of the public or a public agency pursuant to th California Coastal Zone Conservation Act of 1972 (commencing with Section 27000), the owner of real property which is the subject of such permit may apply for modification or elimination of the recordation of such terms and conditions pursuant to the provisions of this division. Such application shall be made in the same manner as a permit application. In no event, however, shall such a modification or elimination of recordation result in the imposition of terms or conditions which are more restrictive than those imposed at the time of the initial grant of the permit. Unless modified or deleted pursuant to this section, any condition imposed on a permit issued pursuant to the former California Coastal Zone Conservation Act of 1972 (commencing with Section 27000) shall remain in full force and effect. 30610. Notwithstanding any provision in this division to the contrary, no coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas: (a) Improvements to existinng single-family residences: provided, however, that the commission shall specify, by regulation, those classes of development which involve a risk of adverse environmental effect and shall require that a coastal development permit be obtained under this chapter. (b) Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers. (c) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the commission determines that certain extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained under this chapter. (d) Any category of development, or any category of development within a specifically defined geographic area, that the commission, by regulation, after public hearing, and by two-thirds vote of its total authorized membership appointed members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast and that such exclusion will not impair the ability of local government to prepare a local coastal program. (e) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, that the commission may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. 30610.5. Urban land areas shall, pursuant to the provisions of this section, be excluded from the permit provisions of this chapter. (a) Upon the request of a local government, an urban land area, as specifically identified by such local government, shall, after public hearing, be excluded by the commission from the permit provisions of this chapter where both of the following conditions are met: (1) The area to be excluded is either a residential area zoned and developed to a density of four or more dwelling units per acre on or before January 1, 1977, or a commercial or industrial area zoned and developed for size, and character of the surrounding community. (jj) There is no potential for significant adverse effects, either individually or cumulatively, on public access to the coast or on coastal resources from any locally permitted development: provided, however, that no area may be excluded unless more than 50 percent of the lots are built upon to the same general density or intensity of use. (b) Every exclusion granted under subdivision (a) of this section and subdivision (d) of Section 30610 shall be subject to terms and conditions to assure that no significant change in density, height, or nature of uses will occur without further proceedings under this division, and an order granting an exclusion under subdivision (d) of Section 30610, but not under subdivision (a) of this section may be revoked at any time by the commission, if the conditions of exclusion are violated. Tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, and all lands and waters subject to the public trust shall not be excluded under either subdivision (a) of this section or subdivision (d) of Section 30610. 30611. When immediate action by public agencies a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this division may be waived upon notification of the executive director of the commission of the type and location of the work within three days of the disaster or discovery of the danger, whichever occurs first. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars ($25,000). Article 2. Development Control Procedures 30620. (a) By January 30, 1977, the commission shall, consistent with the provisions of this chapter, prepare interim procedures for the submission, review, and appeal of coastal development permit applications and of claims of exemption. Such procedures shall include, but are not limited to the following: (1) Application and appeal forms. (2) Reasonable provisions for notification to the regional commission, the commission, and other interested persons of any action taken by a local government pursuant to this chapter, in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this chapter can be made. (3) Interpretive guidelines designed to assist local governments, the regional commissions, the commission, and persons subject to the provisions of this chapter in determining how the policies of this division shall be applied in the coastal zone prior to certification of local coastal programs: provided however, that such guidelines shall not supersede, enlarge, or diminish the powers or authority of any regional commission, the commission, or any other public agency. (b) Not later than May 1, 1977, the commission shall, after public hearing, adopt permanent procedures that include the components specified in subdivision (a) and shall transmit a copy of such procedures to each local government within the coastal zone and shall make them readily available to the public. The commission may thereafter, from time to time, and, except in cases of emergency, after public hearing, modify or adopt additional procedures or guidelines as it deems necessary to better carry out the provisions of this division. (c) The commission may require a reasonable filing fee and the reimbursement of expenses for the processing by the regional commission or the commission of any application for a coastal development permit under this division. The funds received under this subdivision shall be expended by the commission only When appropriated by the Legislature. 30520.5. (a) A local goverment may exercise the option provided in subdivision (b) of Section 30600: provided it does so for the entire area of its jurisdiction within the coastal zone and after it establishes procedures for the issuance of coastal development permits. Such .Procedures shall incorporate, where applicable. the interpretive guidelines issued by the commission pursuant to Section 30620. (b) If a local government elects to exercise the option provided in, subdivision (b) of Section 30600, the local government shall, by resolution adopted by the governing body of such local government, notify the appropriate regional commission and the commission And shall take appropriate steps to assure that the public is properly notified of such action. The provision of subdivision (b) of Section 30600 shall be exercised bv the local government on the 10th working day after the date on which the resolution required by this subdivision is adopted. (c) Every local government exercising the option provided in subdivision (b) of Section 30600 shall within five working, days notify the appropriate regional commission and anv person who. in writing has requested such notification, in the manner prescribed by the commission pursuant to Section 30620, of any coastal development permit it issues. (d) Within five working days of receipt of the notice required by subdivision. (c),, the executive director of the regional commission shall post, at a conspicuous location in the regional commissions office, a description of the coastal development permit issued by the local government. Within 15 working davs of receipt of such notice, the executive director shall, in the manner proscribed by the commission pursuant to subdivision (a) of Section 30620. provide notice of the locally issued coastal development permit to members of the. regional commission, and the commission. 306206. The commission shall, not later than August 1, 1978. and after public hearing, adopt public notice and appeal procedures for the review of. development projects appealable pursuant to Sections 30603 and 30715. The commission shall send copies of such procedures to every local government within the coastal zone and shall make them readily available to the public. 30621. The regional commission or the commission sball provide for a de novo public hearing on applications for coastal development permits and any appeals brought pursuant to this division and shall give to any affected per-son a written public notice of the nature of' the, proceeding and of the time and place of the public -ice shall also be given to any person who requests, in writing, such notification. A hearing on any coastal development permit application or an appeal shall be set no earlier than 21 davs nor later than 42 days after the date on which the application or appeal is filed with the regional commission or the commission. 30622. A regional or the commission shall act upon the coastal development permit application Or an appeal within 21 days after the conclusion of the hearing pursuant to Section `30621. Any action by a regional commission shall become final after the 10th working day, unless, an appeal is. filed with the. conimission within such time. 30623. If an appeal of any action on any development by any regional commission, any local government, or port governing body is filed with the regional commission or the commission, the operation and effect of such action shall be stayed pending a. decision on appeal. 30624. The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of coastal development the commission or any regional commission without compliance with the procedures specified in this chapter in cases of emergency, other than an emergency provided for under Section 30611, or for improvements to any existing structure not in excess of twenty-five thousand dollars ($25,000), and any other developments not in excess of twenty thousand dollars ($20,000). Such permit for nonemergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided. If any two members of the regional commission or the commission so request, at the first meeting following the issuance of such permit, such issuance shall not be effective, and, instead, the application shall be set for a public hearing pursuant to the provisions of this chapter. No monetary limitations shall be required for emergencies covered by the provisions of this section. 30625. (a) Except as otherwise specifically provided in subdivision (a) of Section 30502, any appealable action on a coastal development permit or claim of exemption for any development by a local government or a regional commission or port governing body may be appealed to the commission by an applicant, any aggrieved person except in the case of denials by a regional commission, or any two members of the commission. The regional commission, with respect to appeals pursuant to subdivision (a) of Section 30602, or the commission may approve, modify, or deny such proposed development, and if no action is taken within 45 working days after notice of appeal has been filed, the time limit specified in Sections 30621 and 30622, the decision of the regional commission, the local government, or port governing body, as the case may be, shall become final, unless the 45/day period is waived by the applicant shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant. For purposes of this division, failure by any regional commission to act within any time limit specified in this division shall constitute an "action taken". (b) The regional commission with respect to appeals pursuant to subdivision (a) of Section 30602, or the commission shall hear an appeal unless it determines that the appeal raises no substantial issue, or it finds the following: (1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no significant question exists as to conformity with Chapter 3 (commencing with Section 30200). (2) With respect to appeals to the commission after certification of a local coastal program, that no significant question exists as to conformity with the certified local coastal program. (3) With respect to appeals to the commission after certification of a port master plan, that no significant question exists as to conformity with the certified port master plan. (c) Decisions of the commission, where applicable, shall guide the regional commissions, local governments, or port governing bodies in their future actions under the provisions of this division. 30626. The commission may, by regulation, provide for the reconsideration of the terms and conditions of any coastal development permit granted by a regional commission or the commission solely for the purpose of correcting any information contained in such terms and conditions. CHAPTER 8. PORTS Article 1. Findings and General provisions 30700. For purposes of this division, notwithstanding any other provisions of this division except as specifically stated in this chapter, the policies and procedures which this chapter shall govern those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District, located within the coastal zone excluding any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan, are contained within this chapter. 30700.5. The definitions of Chapter (commencing with Section 30100) and the provisions of Chapters 7 (commencing with Section 30300) and Chapter 9 (commencing with Section 30800) and Section 30900 shall apply to this chapter. 30701. The Legislature finds and declares that: (a) The ports of the State of California constitute one of the state's primary economic and coastal resources and are an essential element of the national maritime industry. (b) The location of the commercial port districts within the State of California are well established, and for many years such areas have been devoted to transportation and commercial, industrial, and manufacturing uses consistent with federal, state, and local regulations. Coastal planning requires no change in the number or location of the established commercial port districts. Existing ports shall be encouraged to modernize and construct necessary facilities within their boundaries in order to minimize or eliminate the necessity for future dredging and filling to create new ports in new areas of the state. Article 2. Policies 30702. For purposes of this division, the policies of the state with respect to providing for port-related > developments consistent with coastal protection in the port areas to which this chapter applies, which require no commission permit after certification of -a port master plan and which., except as provided in Section 30715. are not appealable to the commission after certification of a. master plan, are set forth in this chapter. 30703. The California commercial fishing industry is. important to the State of California, therefore, ports shall not eliminate or reduce existing commercial fishing harbor space, unless the demand for cormmercial fishing facilities no longer exists or adequate alternative space has been provided. Proposed recreational boating facilities within port areas shall, to the extent. it is feasible -as not to do so. be designed an located in such a fashion to interfere with the needs of the commercial fishing industrv. 30705. (a) Water areas may be dike d, filled, or certified por dredged when consistent with a t rnaster Plan only for the following: (1) Stich construction, deepening, widening lengthening, or maintenance of ship channel approaches, ship channels, turning basins, -berthing areas, and_ facilities as are required for the safety and the accommodation of commerce and vessels to be served by port facilities. (2) New or expanded facilities or waterfront land for port-related facilities. (3) New or expanded commercial fishing facilities or recreational boating facilities. (4) Incidental public service purposes, including, but not limited to, burying cables or, pipes or inspection of piers and maintenance of existing intake and outfall lines. (3) Mineral extraction. including sand for restoring beaches, except in biologically sensitive areas. (6) Restoration purposes or creation of new habitat areas. (7) Nature stud%, mariculture, or similar resource dependent activities. (8) 'Minor fill for improving shoreline appearance or public access to the water. (b) The design and location of- new or expanded facilities shall, to the extent practicable, take advantage of existing water depths, water circulation, siltation patterns, and means available to reduce controllable sedimentation so its to diminish the need for future dredging. (c) Dredging -shall be planned. scheduled, and carried out to minimize disruption to fish and bird breeding, and. migrations, marine habitats, and water circulation. -zed Bottom sediments or sediment elutriate shall be analyzed for toxicants prior to dredging or mining, and where water quality standards are met, dredge spoils may be deposited In open coastal water sites designated -to minimize potential adverse impacts on marine I asta organims, or In confined coastal waters designated as fill sites by the master plan where such spoil can be isolated and contained, or in fill basins on upland sites. Dredge Material shall not be transported from coastal waters into estuarine or fresh water areas for disposal. 30706. In addition to the other provisions of this chapter, the policies contained in this section shall govern , filling seaward of the mean high tide line within the r Jurisdiction of ports: (a) The water area to be filled shall be the -minimum necessary to achieve the purpose of the fill. (b) The nature. location, and extent of any fill, including the disposal of dredge soils within an area designated for fill, shall minimize harmful effects to coastal resources, such -as water quality, fish or wildlife resources, recreational resources, or sand transport systems, and shall minimize reductions of the volume, surface are-, or circulation of water. (c) The fill is constructed in accordance with sound safety standards which will afford reasonable Drotection to persons and property against the hazards of unstable geologic or soil conditions or of Food or storm waters. (d) The Fill is consistent with navigational safety. 30707. New or expanded tanker terminals shall be designed and constructed to do all of the following (a)minimize the total volume of oil spilled in normal operations and accidents. (b) Minimize the risk of collision from movement of other vessels. (c) Have ready access to the best- available most OD effective oilspill containment and recovery- equipment. (d) Have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required. 30708. All port-related developments shall be located, designed, and constructed so as to: (a) Minimize substantial adverse environment impacts. (b) Minimize potential traffic conflicts- between vessels. (c) Cive highest priority to the use-of existing land space within harbors for port purposes, including, but not limited to, navigational. facilities, shipping industries, and necessary support and access facilities. (d) Provide for other beneficial uses consistent with the public trust, including, but not limited to. recreation and Wildlife habitat uses to the extent feasible. (e) Encourage rail service to port areas and Multicompany use of facilities. Article 3. Implementation; Master Plan 30710. Within 90 daVs' after January 1, 1977, the commission shalt, after public hearing,adopt, certify,and file with each port governing body a map delineating, the present legal geographical boundaries of each port's jurisdiction within the coastal zone. The commission shall, within such 90-day period, adopt and certify after public hearing, a map delineating boundaries of any wetland, estuary, or existing, recreation area indicated in Part IV of the coastal plan wihin the geographical boundaries of each port. 30711. (a) A port master plan that carries out the provisions of this chapter shal! be. prepared and adopted by each port governing body, and for informational purposes, each c1ty, county, or city and county which has a port within its jurisdiction shall incorporate the certified port master plan in its local coastal program. A -port master plan shall include all of the following: (1) The Proposed uses of land and water areas, where known. (2) The projected design and location of port land areas, water areas, berthing, and navigation vs and systems intended to serve commercial traffic within the area of jurisdiction of the port governing body. (3) An estimate of the effect of development on habitat areas and the marine environment, a review of existing water quality, habitat areas, and quantitative and qualitative biological inventories, and proposals to minimize and mitigate any, substantial adverse impact. (4) Proposed projects listed as appealable in Section 30715 in sufficient detail to be able to determine their consistency with the policies of Chapter 3 (commencing with Section 30200) of this division. (5) Provisions for adequate public hearings and public participation in port planning and development decisions. (b) A port master plan shall contain information in sufficient detail to allow the commission to determine its adequacy and conformity with the applicable policies of this division. 30712. In the consideration and approval of a proposed port master plan, the public, interested organizations, and governmental agencies shall be encouraged to submit relevant testimony, statements, and evidence which shall be considered by the port governing body. The port governing body shall publish notice of the completion of the draft master plan and submit a copy thereof to the commission and shall, upon request, provide copies to other interested persons, organizations, and governmental agencies. Thereafter, the port governing body shall hold a public hearing on the draft master plan not earlier than 30 days and not later than 90 days following the date the notice of completion was published. 30713. Ports having completed a master plan prior to January 1, 1977, shall submit a copy thereof to the commission and hold a public hearing in accordance with the provisions of Section 30712 for the purpose of reviewing such master plan for conformity with the applicable provisions of this division and, if necessary, adopting such changes as would conform such plan to the applicable provisions of this division. Notice of completion of a master plan shall not be filed prior to January 2, 1977. 30714. After public notice, hearing, and consideration of comments and testimony received pursuant to Sections 30712 and 30713. the port governing body shall. adopt its master plan and submit it to the commission for certification in accordance with this chapter within within 90 days after the subm ittal, the commission, after public hearing, Shall certify such plan or portion of a plan> and reject any portion of a plan which is not certified. If. the commission falls to take action within the 90 day period, the port niaster plan shall be deemed certified. an or portion of a The commission shall certify such pl. plan if the commission finds both of the following: (a) The master plan or certified portions thereof conforms with and carries out the policies of this chapter. (b) Where a master plan or certified portions thereof provide for any of the developments listed as appealable in Section 30715 of this chanter, such development or developments are in conformity with all of the policies of Chapter 3 (commencing with Section 30200) of this division. 30715. Until such time as a port master plan or any portion thereof has been certified, the commission and regional commissions shall permit developments within Ports as provided for in Article 1 Chapter 7 (commencing with Section 30600) of Chapter 7. After a port master plan or any portion thereof has been certified, the permit authority of the commission provided in Chapter 7 (commencing with Section 30500) shall no longer be exercised by the regional commission or by the commission over any new development contained in such a certified plan or any portion thereof and shall at that time be delegated to the appropriate port governing body, except that approvals of any of the following categories of development by the port governing body may be appealed to the commission: (a) Developments for the storage, transmission, and processing of liquefied natural gas and crude oil in such quantities as would have a significant impact upon the oil and gas supply of the state or nation or both the state and nation. A development which has a significant impact shall be defined in the master plans. (b) Waste water treatment facilities, except for such facilities which process waste water discharged incidental to normal port activities or by vessels. (c) Roads or highways which are not principally for internal circulation within the port boundaries. (d) Office and residential buildings not principally devoted to administration of activities within the port; hotels, motels, and shopping facilities not principally devoted to the sale of commercial goods utilized for water-oriented purposes; commercial fishing facilities; and recreational small craft marina related facilities. (e) Oil refineries. (f) Petrochemical production plants. 30715.5. No development within the area covered by the certified port master plan shall be approved by the port governing body unless it finds that the proposed development conforms with such certified plan. 30716. (a) A certified port master plan may be amended by the port governing body, but no such amendment shall take effect until it has been certified by the commission. Any proposed amendment shall be submitted to, and processed by, the commission in the same manner as provided for submission and certification of a port master plan. (b) The commission shall, by regulation, establish a procedure whereby proposed amendments to a certified port master plan may be reviewed and designated by the executive director of the commission as being minor in nature and need not comply with Section 30714. Such amendments shall take effect on the 10th working day after the executive director designates such amendments as minor. 30717. The governing bodies -of ports shall inform and advise the commission in the planning and design of 2ppealable developments authorized under.- this chapter, and prior to commencement, of any appealable development, the governing body of a port shall notify the c ommission and other interested persons, organizations, and governmental agencies of the ble development and 2pproval of a proposed appealable indicate how it is consistent with the appropriate port master plan and this division. An approval of the appealable development by the port governing body pursuant to a certified port master plan -shall become effective after the 10th working day after notification of its approval, unless an appeal is filed with the commission within that time. Appeais shall be filed and processed by the comm 'ission in the same manner as appeals from local government actions as set forth in Chapter 7 I di vision. No (commencing with Section 30600) of th appealable development shall take place until the approval becomes effective. 30718. For developments approved by the commission in a certified master plan, but not appealable under the provis-ons of this chapter. the port governing body shall forward all environmental impact reports and negative declarations prepared pursuant to the Environmental Quality Act of 1970 (commencing with Section 21000) or any environmental impact statements prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) to the commission in a timely manner for comment. 30719. Any development project or activity authorized or approved, pursuant to the provisions of this chapter shall be deemed certified by the commission as being in conformity with the coastal zone management program, insofar as any such certification is requested by anv federal agency pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), National Oceanic and Atmospheric Administration, and memoranda of understanding between the state and federal governments relative thereto.- 30720. IF the application of any port master plan or part thereof is prohibited or stayed by any court, the permit authoritv provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the regional commission or in the commission -where there -is no regional commission. The reinstated permit authority shall a ply as to any development which would be affected by the prohibition,or stay. CHAPTER 9. JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES Article 1. General Provisions 30800. The Provisions of this chapter shall be in addition to any other remedies available at law. 30801. Any aggrieved person shall have a right to judicial review of any decision or action - of the commission or a regional commission by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure, -within 60 days after such decision or action has become final. For purposes of this section and subdivision (c) of Section 30513 and Section, 30625, an "aggrieved person" means any person- who, in person or through a representative, appeared at a public hearin g, of the commission. regional commission. local government. or port governing body in connection with the decision or action an ealed, or who, by other appropriate means p rior to a hearinq.-, informed the commission. regional commission, local government, or port governing body of the. na-ture of his concerns or who for good cause was unable do either. "Aggrieved person" includes the applicant for a permit and. in the case of an approval of a local coastal program, the local government involved. 30802. Any person, including an applicant for a permit or the commission, aggrieved by- the decision or action of a local government that is implementing a certified local coastal program or certified port master Plan. which decision or -action may not. be appealed to the commission shall have a right to judicial review of such decision or action by filing a petition for writ of mandate in accordance -with the. provisions of Section 1094.5 of the Code of Civil Procedure within 60 days. after the decision n may or action has becorne final. The commission intervene in, any such proceeding upon a showing that the matter involves a question of the conformitv of a proposed development with a. certified local coastal program or certified Dort master plan or the validit of a local. government action taken to imple-ment a local coastal program or certified port master plan. Anv local government or port governing body may request that the commission intervene. Notice.of any such action against a local government or port governing body shall be filed with the commission within five working davs of' the filing Of SUch action. When an action is brought challenging the validitv or' a local coastal. program or certified port master plan, a preliminary snowing shall be made prior to proceeding on the merits as to why such action should not have been brought pursuant to the pro-visions of Section 30801. 30803. Any person may maintain an action for declaratorv and equitable relief to restrain any violation of this division. On a prima facie showing ofa violation of this division, preliminary equitable relief shall be issued to restrain any further violation of this division. No bond shall be required for an action under this section. 30804. Any person mav maintain ar. action to enforce- the duties specifically imposed upon the commission, any regional commission, ment any governmental agency, any special district. or am- local government bv this division. No bond shall be quired for an action under this section. 30805. Any person may maintain an action for -the recovery of civil penalties provided for in Section 30820 or 30821. 30806. Anv civil action under this division by, or against, a city, county-, or city and county,' the commission, regional commission, special district, or any other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city, special district, or any other public agency which is a party to the action is located. 30807. Any person may maintain an action seeking an order to remove a local coastal program or any portion thereof, any coastal development permit application, or appeal therefrom, from the appropriate regional commission's consideration and to require that such local coastal program or any portion thereof, coastal development permit application or appeal therefrom, be reviewed and processed by the commission. The court may grant such order where to do so would better carry out the purposes of this division and where the court determines that such order would expedite the review of such local coastal program or any portion thereof, or of such coastal development permit application, or appeal therefrom. 30808. In addition to any other remedy provided by this article, any person, including the commission may bring an action to restrain a violation of the terms and conditions of an urban exclusion imposed pursuant to Section 30810.5. In any such action the court may grant whatever relief it deems appropriate to ensure compliance with the terms and conditions of the urban exclusion. Article 2. Penalties 30820. Any person who violates any provision of this division shall be subject to a civil fine of not to exceed ten thousand dollars ($10,000). 30821. In addition to any other penalties, any person who intentionally ind knowingly performs any development in violation of this division shall be subject to a civil fine of not less than fifty dollars ($50) nor more than five thousand dollars ($5,000) per day for each day in which such violation occurs. 30822. Where a person has intentionally and knowingly violated any provision of this division, the commission may maintain an action, in addition to Section 30801, for exemplar*, darnages and may recover an award, the size of which is left to the discretion of One Court. In exercising its discretion, the court shall consider the -,-mount of liability, necessary to deter further violations. 30823. Any funds derived- by the commission or regional commission under this article shall be expended for carrying out the provisions of this division, when appropriated by the Legislature. CHAPTER 10. SEVERABILITY 30900. If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the division which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable. SEC. 2. Section 4551.5 of the Public Resources Code is amended to read: 4551.5 Rules and regulations shall apply to the conduct of timber operations and shall include, but shall not be limited to, measures for fire prevention and control, for soil erosion control, for water quality and watershed control, for flood control, for stocking, for protection against timber operations which unnecessarily destroy young timber operations which unnecessarily destroy young timber growth or timber productivity of the soil, for prevention and control of damage by forest insects, pests, and disease, for the protection of natural and scenic qualitites in special treatment areas identified pursuant to subdivision (b) of Section 30417, and for the preparation of timber harvesting plans. In developing these rules, the board shall solicit and consider recommendations from the State Forester, recommendations from the Department of Fish and Game relating to the protection of fish and wildlife, recommendations from the State Water Resources Control Board and the California regional water quality control boards relating to water quality, recommendations from the State Air Resources Board and local air pollution control districts relating to air pollution control, and recommendations of the California Coastal Commission relating to the protection of natural and scenic coastal zone resources in special treatment areas. SEC. 3. Section 25103 of the Public Resources Code is amended to read: 25103. "Coastal zone" means the "coastal zone" as defined in Section 30103. SEC. 4. Section 25115 of the Public Resources Code is repealed. SEC. 7. Section 25505 of the Public Resources Code is amended to read: 25507. If any alternative site and related facility proposed in the notice is proposed to be located, in whole or in part, within the coastal zone and if a permit for such a site and related facility is required to be obtained from the California Coastal Commission, the commission shall transmit a copy of the notice to the California Coastal Commission. The California Coastal Commission shall analyze the notice and prepare the report and findings prescribed by subdivision (d) of Section 30413 prior to completion of the preliminary report required by Section 25510. SEC. 8. Section 25508 of the Public Resources Code is amended to read: 25508. The commission shall cooperate with, and render advice to, the California Coastal Commission in studying applications for any site and related facility proposed to be located, in whole or in part, within the coastal zone, if requested by the California Coastal Commission. The California Coastal Commission may participate in public hearings on the notice and on the application for site and related facility certification as an interested party in such proceedings. SEC. 9. Section 25514 of the Public Resources Code is amended to read: 25514. No later than 120 days after distribution of the preliminary report, a final report shall be prepared and distributed. The final report shall include, but not be limited to all of the following: (a) The findings and conclusions of the commission regarding the conformity of alternative sites and related facilities designated in the notice or presented at the informational hearing or hearings and reviewed by the commission with both of the following: (1) The 10-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (b) of Section 25309, except as provided in Section 25514.5. (2) The provisions of any state law or local or regional ordinance or regulation, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section 25216.3. (b) Any findings and comments submitted by the California Coastal Commission pursuant to Section 25507 and subdivision (d) of Section 30413. (c) The commission's findings on the acceptability and relative merit of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. The specific findings of relative merit shall be made pursuant to the provisions of Sections 25502 to 25516, inclusive. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions which will meet the standards, policies, and guidelines established by the commission. (d) Any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the commission's evaluation pursuant to subdivision (c) of Section 25512. SEC. 10. Section 25516.1 is added to the Public Resources Code, to read: 25516.1. If a site and related facility found to be acceptable by the commission pursuant to Section 25516 is located in the coastal zone, no application for certification may be filed pursuant to Section 25519, unless the commission has determined pursuant to Section 25514, that such site and related facility have greater relative merit than available alternative sites and related facilities for an applicant's service area which have been determined to be acceptable by the commission pursuant to Section 25516. SEC. 11. Section 25519 of the Public Resources Code is amended to read: 25519. (a) In order to obtain certification for a site and related facility, an application for certification of such site and related facility shall be filed with the commission. Such application shall be in a form prescribed by the commission and shall be filed with the commission no later than 18 months before any construction is to commence. Such application shall be for a site and related facility which has been found to be acceptable by the commission pursuant to Section 25516, or for an additional facility at a site which has been designated a potential multiple-facility site pursuant to Section 25514.5 and found to be acceptable pursuant to Sections 25516 and 25516.5. An application for an additional facility at a potential multiple-facility site shall be subject to the conditions and review specified in Section 25520.3. An application may not be filed for a site and related facility, if there is no suitable alternative for the site and related facility which was previously found to be acceptable by the commission, unless the commission has approved the notice based on the one site as specified in Section 25516. (b) The commission, upon its own motion or in response to the request of any party, may require the applicant to submit any information, document, or data, in addition to the attachments required by subdivision (i), which it determines is reasonably necessary to make any decision on the application. (c) Upon receipt of the application, the commission shall undertake studies and investigations necessary to comply with the environmental impact reporting procedures established pursuant to Section 21100. For purposes of preparation and approval of the environmental impact report on a proposed site and related facility, the commission shall be the lead agency as provided in Section 21165. Except as otherwise provided in Division 13 (commencing with Section 21000), the environmental impact report shall be completed within one year after receipt of the application. (d) If the site and related facility specified in the application is proposed to be located in the coastal zone, the commission shall transmit a copy of the application to the California Coastal Commission for its review and comments. (c) Upon receipt of an application, the commission shall forward the application to local governmental agencies having land use and related jurisdiction in the area of the proposed site and related facility. Such local agencies shall review the application and submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. (f) Upon receipt of an application, the commission shall cause a summary of the application to be published in a newspaper of general circulation in the county in which the site and related facilities, or any part thereof, designated in the application, is proposed to be located. The commission shall transmit a copy of the application to each federal and state agency having jurisdiction or special interest in matters pertinent to the proposed site and related facilities, and to the Attorney General. (g) The adviser shall require that adequate notice is given to the public an that the procedures specified by this division are complied with. (h) For any proposed site and related facility requiring a certificate of public convenience and necessity, the commission shall transmit a copy of the application to the Public Utilities Commission and request the comments and recommendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of the proposed site and related facility. In the event the commission requires modification of the proposed facility, the commission shall consult with the Public Utilities Commission regarding the economic, financial, rate, system reliability, and service implications of such modifications. (i) The commission shall transmit a copy of the application to any governmental agency not specifically mentioned in this act, but which it finds has any information or interest in the proposed site and related facilities, and shall invite the comments and recommendations of each such agency. The commission shall request any relevant laws, ordinances, or regulations which any such agency has promulgated or administered. (j) An application for certification of any site and related facilities shall contain a listing of every federal agency from which any approval or authorization concerning the proposed site is required, specifying the approvals or authorizations obtained at the time of the application and the schedule for obtaining any approvals or authorizations pending. SEC. 12. Section 25523 of the Public Resources Code is amended to read: 25523. The commission shall prepare a written decision after a public hearing or hearings on an application, which shall include all of the following: (a) Specific provisions relating to the manner in which the proposed facility is to be designed, sited, and operated in order to protect environmental quality and assure public health and safety, and in the case of a site to be located in the coastal zone, to meet the objectives of Division 20 (commencing with Section 30000) as many be specified in the report submitted by the California Coastal Commission pursuant to subdivision (d) of Section 30413, unless the commission specifically finds that to do so the adoption of the provisions specified in the report would result in greater adverse effect on the environment or the mitigation measures proposed that the provision proposed in the report would not be feasible. (b) Findings regarding the conformity of the proposed site and related facilities with standards adopted by the commission pursuant to Section 25216.3 and subdivision (d) of Section 25402, with public safety standards and the applicable air and water quality standards, and with other relevant local, regional, state, and federal standards, ordinances, or laws. If the commission finds that there is noncompliance with any state, local, or regional ordinance or regulation in the application, it shall consult and meet with the state, local, or regional governmental agency concerned to attempt to correct or eliminate the noncompliance. If the noncompliance cannot be corrected or eliminated, the commission shall inform the state, local, or regional governmental agency if it makes the findings required by Section 25525. (c) Provision for restoring the site as necessary to protect the environment, if the commission denies approval of the application. (d) Findings regarding the conformity of the proposed facility with the 10-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (b) of Section 25309. SEC. 13. Section 25526 of the Public Resources Code is amended to read: 25526. The commission shall not approve as a site for a facility any location designated by the California Coastal Commission pursuant to subdivision (b) of Section 30413, unless the California Coastal Commission first finds that such use is not inconsistent with the primary uses of such land and that there will be no substantial adverse environmental effects and the approval of any public agency having ownership or control of such land is obtained. SEC. 14. Section 402.1 of the Revenue and Taxation Code is amended to read: 402.1. In the assessment of land, the assessor shall consider the effect upon value of any enforceable restrictions to which the use of the land may be subjected. Such restrictions shall include, but are not limited to: (a) zoning; (b) recorded contracts with governmental agencies other than those provided for in Section 422; (c) permit authority of, and permits issued by, governmental agencie exercising land use powers concurrentyly with local governments, including the California coastal commissions, the San Francisco Bay Conservation and Development Commission, and the Tahoe Regional Planning Agency; (d) permits issued by development controls of a local government in accordance with any local coastal program certified pursuant to Division 20 (commencing with Section 30060) of the Public Resources Code; (e) environmental constraints applied to the use of land pursuant to provisions of statutes. There shall be a rebuttable presumption that restrictions will not be removed or substantially modified in the predictable future and that they will substantially equate the value of the land to the value attributable to the legally permissible use or uses. Grounds for rebutting the presumption may include but are not necessarily limited to the past history of like use restrictions in the jurisdiction in question and the similarity of sales prices for restricted and unrestricted land. The possible expiration of a restriction at a time certain shall not be conclusive evidence of the future removal or modification of the restriction unless there is no opportunity or likelihood of the continuation or renewal of the restriction, or unless a necessary party to the restriction has indicated an intent to permit its expiration at that time. In assessing land where the presumption is unrebutted, the assessor shall not consider sales of otherwise comparable land not similarly restricted as to use as indicative of value of land under restriction, unless the restrictions have a demonstrably minimal effect upon value. In assessing land under an enforceable use restriction wherein the presumption of no predictable removal or substantial modification of the restriction has been rebutted, but where the restriction nevertheless retains some future life and has some effect on present value, the assessor may consider. In addition to all other legally permissible information, representative sales of comparable land not under restriction but upon which natural limitations have substantially the same effect as restrictions. For the purposes of this section: (a) "Comparable lands" are lands which are similar to the land being valued in respect to legally permissible uses and physical attributes. (b) "Representative sales information" is information from sales of a sufficient number of comparable lands to give an accurate indication of the full cash value of the land being valued. It is hereby declared that the purpose and intent of the Legislature in enacting this section is to provide for a method of determining whether a sufficient amount of representative sales information is available for land under use restriction in order to ensure the accurate assessment of such land. It is also hereby declared that the further purpose and intent of the Legislature in enacting this section and Section 1630 of the Revenue and Taxation Code is to avoid an assessment policy which, in the absence of special circumstances, considers uses for land which legally are not available to the owner and not contemplated by government, and that these sections are necessary to implement the public policy of encouraging and maintaining effective land use planning. Nothing in this statute shall be construed as requiring the assessment of any land at less than as required by Section 401 of this code or as prohibiting the use of representative comparable sales information on land under similar restrictions when such information is available. SEC. 15. Section 13142.5 is added to the Water Code, to read: 13142.5. In addition to any other policies established pursuant to this division, the policies of the state with respect to water quality as it relates to the coastal marine environment are that: (a) Waste water discharges shall be treated to protect present and future beneficial uses, and, where feasible, to restore past beneficial uses of the receiving waters. Highest priority shall be given to improving or eliminating discharges that adversely affect any of the following: (1) Wetlands, estuaries, and other biologically sensitive sites. (2) Areas important for water contact sports. (3) Areas that produce shellfish for human consumption. (4) Ocean areas subject to massive waste discharge. Ocean chemistry and mixing processes, marine life conditions, other present or proposed outfalls in the vicinity, and relevant aspects of areawide waste treatment management plans and programs, but not of convenience to the discharger, shall for the purposes of this section, be considered in determining the effects of such discharges. Toxic and hard-to-treat substances should be pretreated at the source if such substances would be incompatible with effective and economical treatment in municipal treatment plants. (b) For each new or expanded coastal powerplant or other industrial installation using seawater for cooling, heating, or industrial processing, the best available site, design, technology, and mitigation measures feasible shall be used to minimize the intake and mortality of all forms of marine life. (c) Where otherwise permitted, new warmed or cooled water discharges into coastal wetlands or into areas of special biological importance, including marine reserves and kelp beds, shall not significantly alter the overall ecological balance of the receiving area. (d) Independent baseline studies of the existing marine system should be conducted in the area that could be affected by a new or expanded industrial facility using seawater in advance of the carrying out of the development. (g) Adequately treated reclaimed water should, where feasible, be made available to supplement existing surface and underground supplies and to assist in meeting future water requirements of the coastal zone, and that consideration, in statewide programs of financial assistance for water pollution or water quality control, shall be given to providing optimum water reclamation and use of reclaimed water. SEC. 28. Section 16 of Senate Bill No. 1277 is amended to read: SEC. 16. There is no appropriation made by this act for the 1976-77 fiscal year pursuant to Section 2231 of the Revenue and Taxation Code. However, the Legislature acknowledges that there may be direct planning and administrative costs as set forth in Section 2207 of the Revenue and Taxation Code as a result of this act in the 1976-77 fiscal year, but that such costs are indeterminable at this time. It is the intent of the Legislature that such costs to local government shall be reimbursed by the state. If such state-mandated local costs result from the enactment of this act or from executive orders issued pursuant to this act in the 1976-77 fiscal year or subsequent years reimbursement shall be provided pursuant to Section 2231 of the Revenue and Taxation Code in the annual state budget process, except that claims for such costs which may be incurred in the 1976-77 fiscal year shall be submitted to the State Controller by October 31, 1977. If the Legislature fails to provide full funds for state-mandated local costs approved by the State Controller as costs qualified for reimbursement under Section 2231 of the Revenue and Taxation Code in the annual state budget process or in special legislation during the 1976-77 fiscal year and each year subsequent in which state-mandated local costs have been so approved, the dates specified for the submission of the local coastal program, the implementation of a local coastal program, and the performance of any other duty required of local government or an executive order to be performed after January 1, 1977, under the provisions of Division 20 (commencing with Section 30000) of the Public Resources Code, shall be postponed by the number of years elapsing between the date the local coastal program implementing act or duty is to be performed and the year in which such funds are provided. In the event that state-mandated costs are not funded by the Legislature, the provisions of Section 30518 of the Public Resources Code shall not be affected, except that any local government whose costs are not funded may elect that the California Coastal Commission implement either subdivision (a) or (b) of Section 30518 of the Public Resources Code. It is the policy of the state that a major portion of the funds, but in no event less than 50 percent, received by the state from the federal government for the period following July 1, 1977, pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), shall be used for the development and implementation of local coastal programs. Funds appropriated by the Legislature for the purpose of and pursuant to, this section together with no less than 50 percent of any federal funds legally available for such purposes, shall be deposited in a local government coastal planning assistance account in the General Fund. The commission shall review and analyze all claims submitted and shall submit to the State Controller its recommendation. The State Controller shall consider the report of the commission and review claims submitted by any local government pursuant to this section to determine whether such claim planning and administrative costs are directly attributable to the operation of this act. Any such claimed costs found to be directly attributable to the operation of this act shall, when appropriated by the Legislature, be charged against and paid from the local government coastal planning assistance account. SEC. 29. Section 17 of Senate Bill No. 1277 is amended to read: SEC. 17. The coastal zone, as generally defined in Section 30103 of the Public Resources Code, shall include the land and water areas as shown on the attached map prepared by the California Coastal Zone Conservation Commission titled "California Coastal Zone" dated August 11, 1976, and on file with the Secretary of State. SEC. 30. This act shall become effective only if Senate Bill No. 1277 is enacted by the Legislature at its 1975-76 Regular Session, and in such case, at the same time as Senate Bill No. 1277 takes effect. SEC. 31. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. THE PORTER-COLOCNE WATER WUALITY CONTROL ACT STATE OF CALIFORNIA RONALD REAGAN Governor THE PORTER-COLOGNE THE RESOURCES AGENCY STATE WATER RESOURCES CONTROL BOARD WATER QUALITY The State Water Resources Control board was established by the 1967 Legisla- ture (Stats. 1907, Chat). 284). The Board is divided into two statutory divisions: Water Rights find Water Quality, each with a division chief. In addition, a Legal Division and Divisions of Planning and Research and Administrative Serr- ices have been established. CONTROL ACT The Board succeeded to the functions; of the former State Water Rights Board and the State Water Quality Control Board, which were abolished. The formation of the Board resulted in the coordination of the water rights, water pollution, and Kater quality functions of the State Government. Water pollution and water quality are now taken into account in conjunction with availability of unappro- priated water whenever applications for appropriation of water are considered. The Board may represent state or local agencies in tiny matters involving the Federal Government which tire within the scope of its powers and duties. And Related Code Sections W. W. ADAMS, Chairman RONALD B. ROBIEo Vice Chairman (including 1973 Amendments) ROY E. DODSO *N, JR. MRS. CARL H. (JEAN) AUER W. DON MAUGHAN BILL B. DENDY, Executive Officer Regional Water Quality Control Boards JULY 1974 The State is divided into nine regions, each with a regional board composed of nine members appointed by the Governor for term@i of four %-cars. The boards are authorized to adopt regional water quality control plans. prescribe waste discharge requirements, and perform other - functions concerning water quality control within their respective regions, subject to State Board review or approval. This pamphlet contains only those portions' of the Watc@ Code which concern the organization of the State Board, water 4uantity-q!iality relationsbips. water recla- -)epnrtment of Water Resources mation and ground water invet;tigations by the I (an independent agency), and Witter quality control. Administration by the State Board of water rights and statutory procedure@ for the determination of CILIf op@' water rights are covered in other parts of the Water Code and are explained in other rublications of the Board. California State Water Resources Control Board (:2 STATE WATER RESOURCES CONTROL BOARD TABLE OF CONTENTS Page WATER CODE STATE WATER RESOURCES CONTROL BOARD DrvisioN 1, CIIAPTFR 2 Water Code. Division 1, Chapter 2, Article 3 ------------------ 5 WATER QUANTITY AND QUALITY, RE, LATIONSHIPS Article 3. State Water Resources Control Board (Article heading added by Stats. 1957, Ch. 1932; amended by Stats. Sections 1242.5, 1243, 1243.5, 1257 and 1258 ------------------ 10 1967, Ch. 284) ADJUDICATIONS TO. PROTECT THE QUALITY 174. The Legislature hereby finds and declares that in order to OF GROUND WATER provide for the orderly and efficient administration of the water re- Division 2, Part 3, Chapter 2.5 ------------------------------ 11 sources of the state it is necessary to establish a control board wbich shall exercise the adjudicatory and regulatory functions of the state WATER RECLAMATION AND GROUND WATER in the field of water resources. INVESTIGATIONS, DEPARTMENT OF It is also the intention of the Legisla .ture to combine the water tights WATER RESOURCES and the water pollution and water quality functions of state government Sections 230, 231, 12617.1 and 12923.1 ------------------------ 12 to provide for consideration of water pollution and water quality, and availability of unappropriated water whenever applications for THE PORTER-COLOGNE WATER QUALITY CONTROL ACT appropriation of water ore granted or waste discharge requirements Division 7, Water Quality ----------------------------------- 13 or water quality objectives are established. Chapter, 1, Policy ---------------------- ---------------- 13 (Added by Stats. 1967, Ch. 284.) Chapter 1.5, Short Title ---------------------------------- 14 175. There is in the Resources Agency the State Water Resources Chapter 2, Definitions ------ I----------------------- 14 Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice Chapter 3, State Water Quality Control ------------------- 15 law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of Chapter 4, Regional Water Quality Control --------------- 19 L' Chapter 5, Enforcement and Implementation --------------- 26 this state who is qualified in the fields of water supply and water rights, one. shall be a registered professional engineer under the laws of Chapter 5.5, Compliance With the Provisions of the Federal this state who is experienced in sanitary engineering and who is quali- Water Pollution Control Act as Amended in fied in the field of water quality, one shall be. qualified in the field of 1972 --------------- ------------------------ 33 water quality, and one member shall not be required to have specialized Chapter 6, State Financial Assistance --------------------- 37 experience. Each member shall represent the state at large and not any particular Chapter 7, Water Reclamation --------------------------- 40 portion thereof and shall serve full time. The appointments so made Chapter 8, Federal Assistance for Treatment Facilities ------ 43 by the Governor shall be subject to confirmation by the Senate at the Chapter 9, Municipal Waste Water Treatment Plant next regular or special session of the Legislature. and the refusal or Classification and Operator Certification ------- 45 failure of the Senate to confirm an appointment shall create a vacancy Chapter 10, Water-Wells and Cathodic Protection Wells ----- 46 in the office to which the appointment-was made. (Formerly 185. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered Chapter 11, Discharges from Houseboats on or in the Waters by Stats. 1957, Ch. 1932; amended by Stats. 1961, Ch. 2037. Stitri. 1967, the State ------- 49 -------- ---------------- Ch. 284. by Stats, 1969, Ch. 482, and by Stats. 1972, Ch. 5655.: Chapter 12, Special Water Quality Provisions --------------- 51 NOTF: This section modified by Section 13388, added by Stats. 1972, Ch. 1256, Chapter 13, Clean Water Bond Law of 1970 ---------------- 52 which reads: Notwithstanding any other provision of this division or Secti,,n 17.@,, no p-rson Chapter 14, Clean Water Bond Law of 1974 --------------- 56 shall be, a member of the state board or a regional board if he rer-kere or ha,' received during the previous two yenri@ a significant portion of bitz incom-f- dirc-Hy TRANSPORTATION AND DISPOSAL OF WASTE or indirectly from any person subjecl.(o waste discharge r(,quirernmts Or "Jppli(arlts. for waste discharge requirements purstiant to this chapter. Thiu @ectiori @.hall Division 7.5, Chapter 1, Liquid Wasie:Haulers --------------- 61 become operative on March 1, 1973. OTHER LEGISLATION RELATED@ TO WATER QUALITY 175.5. (a) No member of the boa'rd shall participate lin any board CONTROL ---------------------- ------------------------ 64 action pursuant to Article 2 (commencing with Seoirm 13 'J2 Chapter 5 of Division 7 which iiivolves,himself or any waStr, (1@-@.(+arvffr INDEX ---------------- ----------------------------------- 67 7 with which he is connected s thereof; and Division 7 (commencing with Section 13000) of this 11 ,..a director, offleer or employee, or in which lie has a direct personal financial interest within the meaning code, or any other law under which permits or licenses to appropriate of Section 1120 of the Government Code. water are issued, denied, or revoked or tinder which the functions (b) No board member shall participate in any proceeding before any of water pollution and quality control are exercised. regional board as a consultant or in any other capacity on behalf of (Formerly 189. Added by Stats, 1956 (Ex, Sess.), Ch. 52; renuln- any waste discharger. bered by Stats. 1,957, Ch. 1932; amended by Stats. 1967, Ch. 284.) (e) Upon request of any person or oil his own initiative the Attorney 179.6. The board, or representatives authorized by the board to do General may file a complaint in, the superior court for the county in so, may call, conduct or attend conferences or hearings, official or which the board has its principal office alleging that a board member unofficial, within or without this 'state, or otherwise participate in has knowingly violated this section and tile facts upon which tile allega- such conferences or hearings with interested persons, agencies or tion is based and askiji@, that the member be removed from office. Fur- officers, of this or atiy other state, or with the Congress of the United ther proceedings shall be in accordance as near as may be with rules States, congressional committees, or officers of the federal government, governing civil actions. If after trial the court finds that the board concerning any matter within the scope of the power and duties of the member has knowingly violated this section it shall pronounce judg- board. ment that the member be removed from office. (Added by Stats. 1967, Ch. 284.) (Amended by Stats. 1971, Ch. 793.) 179.7. As to any niatter involving tile United States, its depart- 176. The annual salary of the members of the board is provided for ments or agencies, which is within tile, scope of tile power and duties by Chapter 6 (commencing at Section 11550) of Part I of Division of the board, the board maY represent the interest of the state or 3 of Title 2 of the Government Code, Each member of the board shall any county, city, state agency or public distriet upon their request, receive the necessary traveling and other expenses incurred by him in and to that end may correspond, confer and cooperate with the United the performance of his official duties out of appropriations made for States, its departments or agencies, -and where necessary the board the support of the board. When necessary the members of the board may members, or authorized representativesi may travel either within or travel within or without the State. without tile state. (Formerly 186. Added by Stats. 1056 (Ex. Sess.), Ch. 52; amended (Added by Stats, 1967, Ch. 284 and renumbered by Stats. 1957, Ch, 1932.) 180. Before entering upon the duties of his office, each member of The members of the State Water Rights Board in office the board shall execute an official bond to the State in the penal sum on the operative date of the 1967 act amending this section shall con- of twenty-five thousand dollars ($25,000) conditioned upon the tinue as members of the State Water Resources Control Board, and faithful performance of his duties. their terms shall expire as follows: one member on January 15, 1969, (Formerly 190. Added by Stats@ 1956 (Ex. Sess.), Ch. 52; re- one member on January 15, 1970, and one member oil January 15, numbered by Stats. 1957, Ch. 1932 *) 1971. The terms of the two additional] members of the board provided .181. The board shall maintain its, headquarters at Sacramento and for by the 1967 act amending Section 175 first appointed by the may establish branch offices in such parts of the state as the board Governor shall expire as follows: one member on January 15, 1972, deems necessary. The board shall hold meetings at such times and at and one member on January 15, 1969. Thereafter all members of the such places as shall be determine(! by it. The Governor shall designate board shall be appointed for terms of four years. Vacancies shall the time and place for the first meeting of the board. Three members be immediately filled by the Governor for the unexpired portion of of the board shall constitute a quorum for the purpose of transactinIg the terms in which they occur. any business of the board. (Formerly 187. Added by Stats. .1956 (Ex. Sess.), Ch. 52; renumbered (Formerly 191, Added by Stritst 1956 (Ex. Sess.), Cit. 52; re- by Stats. 1957, Cit. 1932; amended by Stats. 1967, Ch. 284.) numbered by Stats. 1957, Ch. 1932; amended by Stats. 1957, Ch. 947. M. The members of the board may be removed from office by See notes following Section 127. Amended by Stak. 1967, Ch. 284 and the Legislature, by concurrent resolution adopted by a majority vote Ch. 1656.) of all members elected to each house, for dereliction of duty or cor- 182. The Gove@nor shall desi,,nite the chairman of' the board from I , ruption or incompetency. the membership of the board. The person so designated sliall hold the (Formerly 188. Added by Stais. 1956 (Ex. Sess.),,Ch. 52, renumbered office of chairman at the pleasure of the Governor. The board shall by Stats. 1957, Ch. 1932.) elect a vice chairman. 179. The board succeeds to and is vested with all of the powers, (Formerly 192. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renuni- duties, purposes, responsibilities, and jurisdiction vested in tile Depart- b@red by Stits. 1957. Ch. 1932; amended by,StMs. 1967, Ch, 284.) ment and Director of Public Works, the Division of Water Resources 183. The board inav hold anv bearings and conduM. any invosti-1- of the Department of Public Works, the State Engineer, the State tions in in *y part of tht, state neeessar.,% to earry out thf- powl@rs vest(,d Water Quality Control Board, or any officer or employee thereof, under in it, and for such purposes has the powers confcrn,d iirwn heads Division 2 (commencing with Section 1000), except Part 4 (commencing of departments of the state by Article 2.(comjn(,ncin,_, %6th . .... tioll with Section 4000) and Part 6. (commencing with Section 5900) .11180), Chapter 2, Part .1, Division 3, Title 2 of the 8 An.v hearing or investigation by the board may be conducted by ally extent possible, exchange records, reports, material, and any other in- member upon authorization of tile boar(], and lie shall have the powers formation relating to water, water right-,, water pollution or quality, granted to the board by this section, but any final action of the board or any areas of mutual concern, to tile end that unnecessary duplica- .shall be taken by a majority of all the membei-s of the board, at a tion of effort may be avoided. mectifig duly called and held. (Former 187 added by Stats. 1956 (Ex. Sess.), Cb. 52; renumbered All hearings held by the board or by any member thereof shall be 177 by Stats. 1957, Ch. 1932. Present 187 formerly 197. Added by open and public. Stats. 1956 (Ex. Ses@.), Ch. 52; renumbered by Stats. 1957, Ch. 1932; (Formerly 193. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renum- amended by Stats. 1967, Ch. 284.) bered by Stats. 1957, Ch. 1932; amended by Stilts. 1957, Ch. 1824. See 188. The board may expend money appropriate(] for tile idminis- second note following Section 127. Amended by Stats. 1967, Ch. 284, tration of the laws the administration of which is committed to tile Stats, 1969, Chs. 482 and 800, and Stats. 1971, Ch. 1288.) board. 184. The Department of Watel, Resources shall have in interest Such expenditures by the board shall be made in accordance Ivith and may appear as a party in any hearing held by tile board and may. law in carrying on the work for which the appropriations were made. commence or appear in any judicial proceNling brought to inquire (Former 188 added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered into the validitv of any action, order, or decision of the board. 178 by Stats. 1957, Ch. 1932. Present 188 added by Stats. 1957, Ch. (Formerly 194. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renum- 1932.) bered by Stats. 1957, Ch. 1932.) 188.5. The board shall publish biennial progress reports relating 185. The board shall adopt rules for the conduct of its affairs in to the activities of the board and California regional water quality conformity, as nearly as practicable, with the provisions of Chapter control boards. 4.5 (commencing ai Section 11371 ), Part 1, Division 3, Title 2 of the (Formerly 13020.1; amended and renumbered by Stats. 1967, Ch. Government Code. 284, and Stats, 1969, Ch. 482.) ('Former 185 added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered 175 by Stats. '1957, Ch. 1932. Present 185 formerly 195. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered by Stats. 1957, Ch. 1932, and amended by Stats. 1969, Chs. 482 and 800.) 186. The board shall have such powers, and may employ such legal counsel and other personnel and assistance, as may be necessary or convenient for the exercise of its duties authorized @y law. For the purpose of administratiOll, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary property to segregate and conduct the work of the board. The work of the board shall be divided into k least two divisions, known as the Division of Water Rights and the Division of Water Quality. The board shall appoint a chief of e'9ch division. who -,hall supervise the work thereof and act as technical adviser to*the board on functions under his jurisdiction. The Attorney General shall represent the board and the state in litigation concerning, affairs of the board unless another state agency, represented by the Attorney General, is a party to the action. In such case the legal counsel of the board shall represent the board. Sections .11041, 11042, and' 11043 of the Government Code are not applicable to the State Water Resources Control Board. The legal counsel of the board shall advise and furnish legal services, except representation in litigation. to the regional boards upon their req"est. (Former 186 added by Stats. 1956 (Ex. Sess.), Ch. 52; amended and renumbered 176 by Stats. 1957, Ch. 1932. Former 186, as amended by Stats. 1957, Ch. 2424, repealed by Stats. 1959, Ch. 616. Present 186 formerly 196. Added by Stats. 1956 (Ex. Sess.), Ch. 52; renumbered by Stats. 1957, Ch. 1932; amended by Stats 1967, Ch. 284, and Stats. 1962, Ch. 482, 1962, Ch, 482, Stats. 1971, Ch. 794.) 187. The board, regional water quality control boards, the Depart- j ment of Water Resources, and other state agencies shall, to tile fullest 2-851 119 WATER QUANTITY AND QUALITY RELATIONSHIPS ADjuDiCATIONS To PROTECT GROUND WATER QUALITY 1242.5. The board, subject to the provisions of Section 100 and DIVISION.2, PART 3 whenever it is in the public interest, may approve appropriation by CHAPTER 2.5. ADjUDICATIONS TO PROTECT TEE QUALITY storage of water to be released.,for the purpose of protecting or en7 op GROUND WATER hancing tile. quality of other waters which are put to bene6cial uses. (Added by Stats. 1969, Ch. 482.) (Added by Stats. 1969, Ch. 482.) 1243. The use of water for recreation and preservation and en- 2100. After the department [of water resources] has submitted to hancement of fish and wildlife resources is a beneficial use of water. In the board recommendations for the protection of the quality of ground ,,determining tile. amount of water available for appropriation for water pursuant to Section 12617.1 or 12923.1 of this code, or in reliance other beneficial uses, the board shall take. into account, whenever it is ' in upon investigation by any governmental agency, the board way file the public interest, the amounts of water required for recreation and an action in the superior court to restrict pumping, or to impose the preservation and enhancement of fish and wildlife resources. physical solutions, or both, to the extent necessary to prevent destruc- The board shall notify the Deiiartnient. of Fish and Game of any tion of or irreparable injury to the quality of such water. In such application for a perinit to appr4riate water. The Department of Fish action, all of the claimants to the use of the affected water known to and Gaine shall reconimend the aniounts of water, if any, required for the board, except claimants to'the use of minor quantities of water as the preservation and enhancement of fish and wildlife resources and defined in Section 2102, shall be named as defendants. In any water- shall report its findings to the board. shed or ground water basin wherein (a) all or substantially all of the This section shall not be'construed to affect riparian rights. rights to water have been Adjudicated and the court has retained con- (Added by Stats. 1959, Ch. 2048; amended by Stats. 1967, Ch. 284, tinuing jurisdiction arising from the adjudication, or (b) wherein and Stats. 1972, Ch. 360.) such action is pendingi any such proceedings by the board shall be 1243.5. In. determining tbe 'amount of water available for ap- undertaken only by intervention by the board in such existing action. propriation, the board shall take into account, whenever it is in the 2101. (a) Before filing or intervening in any such action the board public interest, the amounts of water needed to remain in the source shall hold a public hearing on the necessity for restricting ground for protection of beneficial uses,@, including any uses specified to be water pum .ping or for a physical solution in order to protect the protected in any relevant water quality control plan established pur- quality of Iwater from destruction or irreparable injury. The board suant to Division 7 (commencing, with Section 13000) of this code. shall serve notice of such hearing as provided in Section 6066 of the This section shall not be construed to affect riparian rights, Government Code and shall mail a copy of such notice to each producer (Added by Stats. 1969, Ch. 482.) of ground water within the area. proposed for investigation, to the '1257. In acting ii 'pon applications to appropriate water, the board extent that such producers of ground water are known to the board, shall consider the relative benefit to be derived from (I) all beneficial at least 15 days prior to the date of such hearing, except that notice uses of the water concerned including, but not limited to, use for need not be mailed to producers of minor quantities of water as domestic, irrigation, municipal, industrial, preservation and enhance- defined in Section 2102. ment of fish and wildlife, recreational, mining and power purposes, (b) In the event the board decides that the right Is to the use of the and any uses specified to be protected in any relevant, water quality ground water must be adjudicate&in order to require the restriction control plan, and (2) the reuse or,reclamation of the water sought to 0 of pumping or physical solution necessary to preserve it from destrue- be appropriated, as proposed by tile applicant. The board may subject tion or irreparable injury to quality, the board shall first determine such appropriations to such terms and conditions as in its judgment whether any local public agency overlying all or a part of the ground will best develop, conserve, and utilize in tile public interest, the water water basin will undertake such adjudication of water rights. If such sought to be appropriated. local agency commences an adjudication, the board shall take no (Added by Stats. 1955; amended by Stats.. 1957, Ch. 1932 and Ch. further action, except that the board may, through the Attorney 2082, Stats. 1959, Ch. 2o4s, Stats. 1969, Ch.. 482, and by Stats. 1970, General, become A party to such action. ' Ch. 157.) (c) In the event no local agency commences such action within 90 1258. In acting upon applications to appropriate water, the board days after notice of the decision of the board, the board shall file shall consider water quality control plans which have been established such action. pursuant to Division 7 (commencina with Section 13000) of this code, L, 2102, As used in this article, "minor quantities of water" refers and may subject such appropriations to such terms and conditions as to the extraction by any person of not to exceed 10 acre-feet of ground it finds are necessary to carry out such plans. water annually. (Added by Stats. 1967, Ch. 284. and amended by Stats. 1969, Ch. 482.) (10) WATER RECLAMATION AND GROUND WATER INVESTIGATIONS, PORTER-COLOGNE WATER QUALITY CONTROL ACT DEPARTMENT OF WATER RESOURCES DIVISION 7. WATER QUALITY 230. The department. either independently or in cooperation with (Former Division 7 repealed by Stats. 1969, Ch. 482 which added any person or any county, state, federal, or other agency, or upon the Division 7 commencing with. Section 13000.) request of the State Water Resources Control Board, to the extent fluids CHAPTER 1. POLICY are allocated therefor. shall conduct surveys and investigations relat- 13000. The, Leg .islature finds and declares that the people of tile ing to the reclamation of water from wastes for beneficial purposes, state have a primary interest in the conservation, control, and litiliza- including but not limited to the determination of quantities of such tion of the water resources of the state, and that the quality of all water presently wasted, and possibilities of use of such water for re- the waters of the state shall be protected for use and enjoyment by charge of underground storage or for agricultural or industrial uses; the people of the state. and shall report to the Legislature and to the appropriate California Tile Legislature further finds and declares that activities all' regional water quality control board thereon, annually. (I factors (Added by Stats. 1949, Ch. 1552; amended by Stats. 1967, Ch. which may affect the quality of the waters of the state shall be regn- 1446 and Ch. 1447, and by Stats. 1969, Ch. 482.) lated to attain the highest Water quality which is reasonable, considering 231. The department, either independently or in cooperation with all demands being made and to be made on those waters and the total any person or any county, stateJederal or other agency, shall investi- values involved, beneficial and detrimental, economic and social, tangi- gate and survey conditions of damage to quality of underground wa- ble and intangible. ters, Which conditions are or may,be caused by improperly constructed, The Legislature further finds and declares that the health, safety and abandoned or defective wells through the interconnection of strata or welfare of tile People of the state requires that there be a statewide pro- the introduction of surface Waters into underground waters. The gram for the control of tile quality of all the waters of the state; that department shall report to the appropriate California regional water the state must be prepared to exercise its full power and jurisdiction quality control board its recommendations for minimum standards of to protect the quality of waters in the state from degradation originat- well construction in any particular locality in which it deems regula- ing inside or outside the boundaries of the state; that the waters of tion necessary to protection of quality of underground water, and shall the stat 'e ire increasingly influenced by interbasin water development report to the Legislature from time to time, its recommendations for projects and other statewide consi derat ions; that factors of precipita- proper sealing of abandoned wells. tion, topography, population, recreation, agriculture, industry and eco- (Added by Stats. 1949, Cb. .1552; amended by Stats. 1969, Cb. nomic development vary from region to region within tile state; find 482.) that the statewide program for water quality control can be most effec- tively administered regionally, within a framework of statewide co- 12617.1. The department, in...making investigations and plans for ordination and policy. water projects and for the solution of the water problems of the state 13001. It is tile intent of the Legislature that the state board and pursuant to Sections 12616 and 12617, shall include plans and recom- each regional board shall be the principal state agencies with- primary mendations for the protection of the quality of the waters affected, in- responsibility for the coordination and control of water quality. The cluding downstream waters, with - 'respect to all sources of impairment state board and regional boards in exercising any power granted in and factors affecting quality. In doing so, the department shall co- this division shall conform to and implement the policies of this chap- operate with counties, cities, state agencies, and public districts to the ter and shall, at all times, coordinate their respective activities so as end that planning for water quality control shall be coordinated to the to achieve a unified and effective water quality, control program in this maximum extent possible. Such plans and recommendations shall be state. transmitted to the State Water Resources Control Board and to the 13002. No provision of this division or any ruling of the state board appropriate California regional water quality control boards for their or a regional board is a limitation: consideration in the adoption of state policy for water quality control, (a) On the power of a city or county or city and county to adopt water quality control plans, and waste discharge requirements. and enforce additional regulations, not in conflict therewith, imposing (Added by Stats. 1969, Ch. 482.) further conditions, restrictions, or limitations with respect to the. dis- * '. * 0 posal of waste or any other activity which might degrade the quality of 12923.1. The results of the investigations and studies conducted the waters of the state. and the plans and design criteria developed by the department pur- (b) On the power of any city or county or city and county to de- suant to this article shall be transmitted to the State Water Resources clare, prohibit, and abate nuisances. Control Board and to the appropriate California regional water quality (c) On the power of the Attorney General, at the request of a re- control boards for their consideration in the adoption of state policy gional board, the state board, or upon his ow-n motion, to bring an for water quality control, water quality control plans and waste dia- action in the name of the people of the State of California to enjoin charge requirements. any pollution or nuisance. (Added by Stats. 1969, Ch. 482.) @(12) 14 15 On the power of a state agency in the enforcement or adminis- (h) "Water quality objectives" means the linlits or levels of water tration of any provision of law.which it is specifically permitted or quality constituents or characteristics which are estoblished for the required to enforce or administer..: reasonable protection of beneficial uses of water or the prevention of (e) On the right of any person to maintain at any time any appro- nuisance within a specific area. priate action for relief against any private nuisance as defined in the (i) "Water quality coDtroV' means the regulation of any activity Civil Code or for relief against *any contamination or pollution. or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. CHAPTER 1.5. SHORT TITLE (j) "Water quality control plan " consists of a desi-nation or estab- 13020. This division shall be known and may be cited as the Porter- lishment for the waters within a specified area of (.1) beneficial Cologne Water Quality Control Act. uses to be protected, (2) water quality objectives, and (3) a program of implementation needed for achieving water quality objectives. DEFINITIONS (k) "Contamination" means an impairment of the quality of the CHAPTER 2. 18050. As used in this division: waters of the state by waste to a degree which creates a hazard to the (a) "State board" means the State Water Resources Control Board. public health through poisoning or through the spread of disease. (b) "Regional board" meang,any California regional water quality "Contamination" shall include any equivalent effect resulting from control board for a region as specified in Section 13200. the disposal of waste, whether or not waters of the state are affected. (c) "Person" also includes any city, county, district, the state or (1) "Pollution" means an alteration of the quality of the waters any department or agency thereof. "'Person" includes the United of the state by waste to a degree which unreasonably affects: (1) such States, to the extent authorized by federal law. waters for beneficial uses, or (2) 'facilities which serve such beneficial (d) "Waste" includes sewage, and any/all other waste substances, uses. -romitiow, may include "contamination." (in) "Nuisance" means anything which: (1) is injurious to health. liquid, solid, gaseous, or radioactive, associated with human habitation, . indecent or offensive to the senses, o in obstruction to the free or of human or animal origin, or from any producing. manufacturing or is . r C ny use of property, so as to interfere with the comfortable enjoyment of or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes life or property. and (2) affects at the same time in entire community of, disposal. or neighborhood, or any considerable number of persons. although the extent of the annoyance or damage inflicted upon individuals, may be (Amended by Stats. 1970, Ch. 202.) 0 NOTF. The Porter-Cologne Act provides that it is intended to implement the legis- unequal, and (3) occurs during or as a result of the treatment or dis- lative recommendations in a report of the State Water Resources Control Board posal of wastes. to the Legislature which in turn contains it note that the definition of waste is (n) "Reclainied water" ineans water which, as a result of treatment intended to include all interpretations of the Attorney General of "sewage", "in- itrolled use that dustrial waste", and "other waste" under the former act. These terms were inter- of waste, is suitable for a direct beneficial use or a coi' preted to include all of the following : . would not otherwise occur. 1. Drainage from inoperative and.aba.n.doned mines. 26 Ops. Cal. Atty. Gen. 88; (o) "Citizen or, domiciliafy" of the State of California includes a see also 37 Ops. Cal. Atty. Gen. 163. foreign corporation havin.- substantial business contacts in the -State 2. Drainage, flow or seepage containing debris or eroded earth from logging opera- of California or which is si ibject to service of process in this state. tions; waste materials in damps.; drainage from agricultural operations; liquid.-; (Amended by Stats. 1969, Ch. 800.) from a stratum intercepted by a well which flows through the well into anotber stratum. 27 Ops. Cal. Atty. Gen. 182. VATr 3. Discharge of water from a hydroelectric plant. 43 Ops. Cal. Atty. Gen. 302. CHAPTEn 3. STATr,, m QIJAIJTY CONTROL 4. Changes in the physical or chemical characteristics of receiving water.- caused by extraction of sand, gravel or other materials from a streambed. 32 Ops. Cal. Article 1. State Water Resources Control Board Atty. Gen. 139. 13100. There is in the Resources Agency the, State Water Resources 5. 'Waste from construction operations, dumped in waters of the state. 10 Ops. I Cal, Atty. Gen. 125. Control Board. the Water Quality Advisory Coninditce. and the Cali- (e) "Waters of the state" means any water, surface or underground, fornia regional water quality control boards. Th(! organization. meni- including saline waters, within the boundaries of the state. bership, and some of the duties of tile state board are provider] for in (f) "Beneficial uses" of the waters of the state that may be pro- Article 3 (commencing with Section 1.74) of Chapter 2 of Division I tected against quality degradation include, but are not necessarily of this code. limited -to, domestic, municipal, agricultural and industrial supply; Article 2. Water Quality Advisory Cominittee power generation; recreation; esthetic enjoyment; havigation; and preservation and enhancement of fish, wildlife, and other aquatic re- (Added by Stats. 1969i Ch. 482. Repealed bY Stits. 1972. Uh. 1,1"). .sources or preserves. (g) "Quality of the water" or "quality of the waters" refers to Article 3. State Policy for Water Qmility Control chemical, physical,. biological, bacteriological, radiological, and other 13140. The state board shall fortnulate and adopt sitate policy for properties and characteristics of water, which affect its use. water, quality control. Such policy shall be adopted in ace,()rdance with 16 17 the provisions of this article and shall be in c onformity with the poji- and is (a) alitliorized to give any ceftificate or stote"Ient required by any federal agency purstiant to any stich federal act that there is cies set forth in Chapter I (commencing with Section 13000). reasonable assurance that an activii.v of any person siibject tn the 13141. State policy for water qualit control adopted or revised in y jurisdiction or ifie state board Avill not reduce water quality below ap- accordance with the provisions of this article, and regional water qual- plicable standards, and (b) axithorizcd to exercise any powe@s, (1010(gated ity control plans approved or revised in accordance with Section 13245, to the state bv Ibe Federal Water Pollution Control Act (33 U.S.C. shall become a part of the California Water Plan effective when such 466, A seq.) in(] acts amendatory thereto. (Amended by Stats. 1971, state policy for water quality control, and such regional water quality Cli. 1288). control plans have been reported to the Legislature at any session 13160A. The state board may establish a reasonable fee scliedifle to thereof. cover the cost of givim, any certificate which. is reqiiired or authorized 13142. State policy for water quality control shall consist of all or by any federal law with respect to the effect or any existing or pro- any of the following: (a) Water quality principles and guidelines for long-range resource posed facility, project, or coiistruction work upon the quality of-waters planning, including ground water and surface water management pro- of the state, including certificates requested by applicants for a federal grams and control and use of reclaimed water. permit or license pursuant to subdivision (b) of Section 21 of the (b) Water quality objectives at key locations for planning and op- Federal Water l."ollution 'Control Act and certificates requested pur- sliant to Seetimi 169 of the Internal Revenue Code, as aniende(I in 1969, eration of water resource development projects and for water quality with respect to water pollution control facilities. (Added by Stats. 1.971, control activities. Ch. 1288). (c) Other principles and guidelines deemed essential by the state 13161. The state board shall annually determine state needs for board for water quality control. (Amended by Stats. 1971, Ch. 1288). water quality research and recommend projects to be conducted. 13143. State policy for water quality control shall be periodically -13162, The state board shall administer any statewide program of reviewed and may be revised. research in the technical phases of water quality control which may 13144. During the process of formulating or revising state policy be delegated to it by law and may accept funds from the United States for water quality control the state board shall consult with and care- or any person to that end. The state board may conduct such a program fully evaluate the recommendations of concerned federal, state, and independently, or by contract or in cooperation with any federal or local agencies. state agency, including any political subdivision of the state, or any 13145, The state board shall take into consideration the effect of its person or public or private organization. actions pursuant to this chapter on the California Water Plan as 13163. (a) The state board shall coordinate water-quality-related adopted or revised pursuant to Division 6 (commencing with Section investigations of state agencies, recognizing that other state agencies 10000) of this code, and on any other general or coordinated govern- have primary statutory authority for such investigations, and shall mental plan looking toward the development, utiliiation, or conserva- consult with the concerned regional boards in implementing this sec- tion of the waters of the state, tion. 13146. State offices, departments and boards, in carrying out activi- (b) The state board from time to time shall evaluate the need for ties which affect water quality, shall comply with state policy for wa- water-quality-related investigations to effectively develop and imple- ter quality control unless otherwise directed or authorized by statute, ment statewide policy for water quality control and shall transmit its in which case they shall indicate to the state board in writing their recommendations for investigations to affected or concerned federal, authority for not complying with such policy. state, and local agencies. The affected state agencies shall comply with 13147. The state board shall not adopt state policy for water quality the recommendations or shall advise the state board in -writing why control unless a public hearing is first held respecting the adoption of they do not comply with such recommendations. such policy. At least 60 days in advance of such hearing the state board @ (c) State agencies shall sub it to. the state board plans for and shall notify any affected regional boards, unless notice is waived by results of all investigations thatmrelate to or have an effect upon water such boards, and shall give notice of such hearing by publication within quality for review and comment. the affected region pursuant to Section 6061 of the Government Code. 13164. The state board shall formulate, adopt and revise general The regional boards shall submit written recommendations to the state procedures for the formulation, adoption and implementation by re- board at least 20 days in advance of the hearing. (Amended by Stats. gional boards of water quality control plans. During the process of 1971, Ch. 1288). formulating or revising such procedures, the state board shall consult Article 4. Other Powers and Duties of the State Board with an evaluate the recommendations of any affected regional boards. (Ainended by Stats. 1972, Ch. 813.) 13160. The state board is designated as the state water pollution 13165. The state board may require any state or local ageDcy to in- control agency for all purposes stated in the Federal Water Pollution vestigate and report on any technical factors involved in water quality Control Act. and any other federal act, heretofore or hereafter enacted, control; provided that the burden, including costs, of such reports shall bear a reasonable relationship to the need for the reports and the, benefits to be obtained theref rom. regional boards. to assist tile s ca r r responsi- talte' boar(I in ying oes 06. The state board, with the assistance of the regional boards, bilities in water quality eontrol: shall prepare and implement a statewide water quality information (Added by Stats. 1972, Ch. 813.) storage and retrieval program. Such program shall be coordinated CHAPTER 4. REGIONAi, WATER QUAbITY CONTROb and integrated to' the maximum extent practicable with data storage and retrieval programs of other agencies. Article 1. Organization And Membership of 13167. The state board shall implement a public information pro- Regional Boards gram on matters involving water quality, and shall maintain an infor- 13200. The state is divided, for the purpose of tbis.division, into mation file on water quality research and other pertinent matters. nine regions: 13168. The state board shall allocate to the regional boards from (a) North Coast region, which comprises all basins including Lower funds appropriated to the state,.board such part thereof as may be Klamath Lake and Lost River'Basins draining into the Pacific Ocean necessary for the Administrative expenses of such boards. The regional from the Calif ornia-Oregon state line'southerly to the southerly bound- boards shall submit annual budgets to the state board. Subject to the ary of the watershed of Estero de San Antonio and Stemple Creek in provisions of Chapter 3 (commencing with Section 13291) of Part 3, Marin and Sonoma Counties. Division 3, Title 2 of the Government Code and any other laws giving (b) San Francisco Bay region, which comprises San Francisco Bay, the Department of Finance fiscal and budgetary control over state de- Suisun Bay, from Sabramento River and San Joaquin River westerly partments general)y, the state board shall. prepare an annual budget from a line, which passes. between Collinsville and Montezuma Island concerning its activities and the Activities of the regional boards. and follows thence the boundary common to Sicramento an(] Solano 13169. (a) The state board may adopt regulations governing the Counties and that common to Sacramento and Contra Costa Counties testing, licensing and use of any'cheinical, or any other substance, for to the westerly boundary of the watershed of Markley Canyon in Contra removing, dispersing or otherwise cleaning up oil or any residuary Costa County, all basins draining into tile bays and rivers westerly product of petroleum in or on any of the waters of the state. Such reg- from this line, and all basins draining into the Pacific Oceau between ulations shall be adopted in conformity, as nearly as practicable, with the southerly boundary of the north coastal region and the southerly the provisions of Chapter 4.5 (commencing with Section 11371), Part boundary of the watershed of Pescadero Creek in San Mateo and Santa 1, Division 3, Title 2 of the Government Code. Cruz Counties. (b) The state board may establish a schedule of fees to cover the (e) Central Coast regionj which eomprises ail basins, including Car- cost of testing and licensing the use of any substance for the purposes. rizo Plain in San Imis Obispo and Kern Counties, draillirig into the specified in subdivision (a), to be'paid by the applicant for licensing Pacific Ocean from the southerly@boundary of the watershed of Pesca- of any such substance. dero Creek in San Mateo and Santa Cruz Counties to the southeasterly (c) The proper use of any such substance in accordance with the boundary, located in the westerly part of Ventura County, of the water- state board's regulations shall be supervised and enforced by the De- shed of Rincon Creek. partment of Fish and Game. The user shall pay to the Department of (d) Los Angeles region, which comprises all basins draining into tile Fish and Game the cost of such supervisory and enforcement services Pacific Ocean between the southeasterly boundary, loeated in dic west- and all related administrative and. incidental costs, as computed by that erly part of Ventura County, of the Watershed of RinCOD Creek and a department. within 30 days after. Ibilling. Deputies of the Department line coincides with tbe southeasterly boundary of Los Angeles of Fish and Game shall have all-tbe powers and authority of a peace County from the ocean to San Antoniol"eak and follows thence tile officer to make arrests for violations of regulations adopted by the divide between San Gabriel River and Lytle Creek drainages to the state board pursuant to this section. divide between Sheep Creek and San Gabriel River drainages. . (d) Any person who uses any chemical rjr other subst'aace ir- viola- (e) Santa Ana region, which comprises all basins draining into the tion of any regulation adopted @by the state board pursuant to this Pacific Ocean between the southeasterly boundary of die Los Angeles section shall be guilty of a misdemeanor. Each day's continuance of region and a line which follows the drainage divide between Muddy such violation shall constitute. a se@parate offense. and Moro Canyons from the ocean to the summit of San -Joaquin Hills; 13170. The state, board may adopt water qualit *y control plans in ac- thence along the divide between lands draining into Newport Bay and cordance with the provisions of Sectimis 13240 to 13244, inclusive, inso- into Laguna Canyon to Niguel Road; thence along Niguel Road and far as they are applicable. for waters for which water qpalitY standards Los Aliso Avenue to the divide between Newport Bay an(] Aliso Creek -ire required by the Fed ral Wi drainages; thence along that divide and the southeasterly boundary e ter Pollution Control Act and acts amendatory thereof or supplementary thereto. Such plans. when of the Santa Ana River drainage to the divide between Baldwin Lake adopted, supersede any regional_,water qualit.y control plans for the and Mojave Desert drainages; thence along that divide to the divide same waters to the extent of any .conflict. (A(Ided by Stats. 1971, Ch. between Pacific Ocean and Mojave Desert drainages. 1288). (f) San Diego region, which comprises all basins drainirIg into the 13.171. The state board may establish a Water Qualit *N. Coordinating Pacific Ocean between the southern, boundary of tile Santa Ana region Committee, consisting of at lea@ It. one member of eaell of tile nine and the California-Mexico boundary. 20 21 (g) Central Valley region, which comprises all basills including shall be called by the chairman or any tNvo nicinbers of tile reg"joil;1I Goose Lake Basin draining into the Sacramento and San Joaquin board. Rivers to the easterly boundary of the San Francisco Bay region near (Amended by Stats. 1970, Ch. 918.) Collinsville. The Central Valley region shall have section offices in the 13205. Each member of the regional boards shall be entitled to Sacramento Valley and the San Joaquin Valley. receive his actual necessary expenses for each (lay while on official (h) Laliontan region, which comprises all basins east of tile Santa business of the board. Ana, Los Angeles and Central Valley regions from tile Cafifornia- 13206. Public officers, whether elected or appointed, may be ap- Oregon boundary to the southerly boundary located in Los Angeles pointed to, and may serve contemporaneously as members of, a regional and San Bernardino Counties of the watersheds (training into Antelope board. Valley, Mojave River Basin and Dry Lake Basin near Ivanpab. 13207. (a) No member of a regional board shall participate in (i) Colorado River Basin region, which comprises all basins east of any board action pursuant to Article 4 (commencing with Section the Santa Ana and San Diego regions draining into the Colorado 13260) of Chapter 4, or Article I (commencing with Section 13300) of River. Salton Sea and local sinks from the southerly boundary of the Chapter 5, of this division which involves himself or any waste dis- Lahontan region to the California-Mexico boundary. charger with which lie is connected as a director, officer or employee, or The regions defined and described in this section shall be as pre- in which lie lins a direct personal financial interest within the meauim., cisely delineated on official maps of the department and include all of of Section 1120 of the Government Code. the areas within the boundaries of the state. (b) No board member shall participate in any proceeding before For purposes of this section the boundaries of the state extend three any regional board or tile state board as a consultant or in any other nautical miles into the Pacific Ocean from the line of mean lower low capacity oil behalf of any waste discharger. water marking the seaward limits of inland waters and three nauticill (e) Upon request of any person or on big own initiative the, Attorney miles from the line of mean lower low water on the mainland and each fleneral may file it complaint in the superior court for the county in offshore island. which tile regional board has it-, principal office alleging that a bolrd Nothing in this section shall limit the power conferred by this chap- member has knowingly violated this section and the facts upon which ter to regulate the disposal of waste into ocean waters beyond tile the allegation is based and asking that tile member be removed from boundaries of the state. office. Further proceedings shall be in accordance as near as may be 13201. (a) There is a regional board for each of the regions de- with rules governing civil netions. If after trial the court finds that the scribed in Section 13200. Each board shall consist of the following nine board member has knowingly violated this section it shall pronounce members appointed by the Governor, each of whom shall represent judgment that the member be removed from office. and act on behalf of all the people and shall reside or have a principal place of business within the region: Article 2. General Provisions Relating to Powers (1) One person associated with water supply, conservation, and pro- and Duties of Regional Boards duction. 13220. Each regional board shall: (2) One person associated with irrigated agriculture. (a) Establish an office. (3) One person associated with industrial water use. (b) Select one of its members as chairman at the first regular (4) One person associated with municipal government. meeting held each year. (5) One person associated with county government. (c) Appoint as its confidential employee, exempt from civil service, (6) One person from a responsible nongovernmental organization under paragraph (5) of subdivision (a) of Section 4 of Article XXIV associated with recreation, fish. or wildlife. of the Constitution, and fix the salary of, an executive officer who shall (7) Three persons not specifically associated with any of the fore- meet technical qualifications as defined by the State Water Resources going categories, two of whom shall have special competence in areas Control Board. The executive officer shall serve at the pleasure of thf related to water quality problems. regional board. (b) Insofar as practicable, appointments shall be inade in such (d) Employ such other assistants as may be determined necessary manner as to result in representation on the board from all parts of to assist the executive officer. the region. 13221. Members of the regional boird shall be empowered to ad- 13202. Each member of a regional board shall be appointed for a minister oaths and issue subpoenas for tile attendance and giving of term of four years. Vacancies shall be immediately filled by the Gov- testimony by witnesses and for the production of evidence in any ernor for the unexpired portion of the terms in which they occur. proceeding before the board in any part of the region. The provisions 13203. The official designation of each regional board shall be: of Chapter 3 (commencing with Section 1075) of Part I of Division California Regional Water Quality Control Board, (region name). 2 of this code shall apply to regional boards within their own regions. 13204. Each regional board shall hold at least six regubgr mectings where they shall have the same, power as the state board within tile state. each calendar year and such additional special meetings or hearings as 13222. Pursuant to such guidelines as the state board may establish, 3-85199 22 23 eReAgio'nal board shall adopt regulations to carry out its powers Article 3. Regional Water Quality Control Plans and duties under this division. 13223. (a) Each regional boird may delegate any of its powers and 13240. Each regional board shall formulate and adopt water quality duties vested in it by this division to its executive officer excepting only control plans for all areas within the region. Such plans shall conform the following: (1) the promulgation of any regnintion; (2) the issu- to the policies set forth in Chapter I (commencing with Section 13000) ance, modification, or revocation 'of any water quality control plan, of this division and any state policy for water quality control. During water quality objectives, or waste discharge requirement; (3) the issu- the process of formulating such plans the regional boards -,hall consult ance, modification, or revocation of any ecase and desist order @ (4) the with and consider the recommendations of affected state and local holding of any hearing on water quality control plans; and (5) the agencies. Stich plans shall be periodically reviewed and may be revised. application to the Attorney General. for judicial enforcement but ex- 13241. Each regional board shall establish such water quality ob- cluding cases of specific delegation in. a cease and desist order an(] jectives in water quality control plans as in its judgment will ensure excluding the cases described in subdivision (c) of Section 13002 and the reasonable protection of beneficial uses and the prevention of nuis- Sections 13304 and 13340. ance; however, it is recognized that it may bc@ possible for the quality (b) Whenever any reference is made in this division to any action of water to be changed to some degree without unreasonably affecting that may be taken by a regional board, such reference. includes such beneficial uses, Factors to be considered by a regional board in estab- action by its executive officer pursuant to powers and duties delegated lishing water quality objectives shall . include, but not necessarily be to him by the regional board. .limited to, all of the following: (Amended by Stats. 1970, Ch. 918.) (a) Past, present; and probable future beneficial uses of water. 13224. Each regional board may issue policy statements relating to M Environmental characteristics of the hydrographic unit tinder any water quality matter within its,jurisdiction. consideration, including the quality of water available thereto. 13225. Each regional board, with respect to its region, shall: (e) Water quality conditions that could reasonably be achieved (a) Obtain coordinated action in water quality control, including Ibrough the coordinated control of all factors which affect water quality the -prevention and abatement of.water pollution and nuisance. in the area. (b) Encourage and assist in self-policing waste disposal programs, (d) Economic con-iderations. and upon application of any person, advise the applicant of the condi- 13242. The program of.limplementation for achieving water quality tion to be maintained in any disposal area or receiving -waters into objectives shall include, but not be limited to: which the waste is being discharged. (a) A description of tile nature of actions which are necessary to (e) Require, as necessary any state or local agency to investigate achieve the objectives. including recommen dat ions for appropriate ac- and report on any technical factors involved in water quality control tion by any entity, public or private. or -to obtain and submit analyse& of water;'provided that the burden, (b) A time schedule for the actions to be taken. including costs, of such reports shall bear a reasonable relationship (c) A description of surveillance to be undertiaken to determine to the need for the report and the benefits to be obtained therefrom. compliance with objectives. (d) Request enforcement by appropriate federal, state and local 13243. A regional board, in a water quality control plan or in waste agencies of their respective water' quality control laws. discharge requirements, may specify certain conditions or areas where (e) Recommend to the state board projects which the regional board the discharge of waste, or certain types of whste, will not be permitted. considers eligible for any financial assistance which may be available 13244. The regional boards shall not adopt any water quality con- through the state board. trot plan unless a public bearing is first held, after the giving of notice (f) Report to the state board And appropriate local health officer of such bearing by publication in the affected county or counties pur- any case of suspected contamination in its region. suant to Section 6061 of the Government Code. When the plan proposes (g) File with the state board; at its request, copies of the record of to prohibit discharges of waste pursuant to Section 13243, similar notice any official action. shall be given by publication pursuant to Section 6061.3 of the Gov- (h) Take into consideration the effect of its actions pursuant to this ernment Code. chapter on the California Watejr-@ Plan adopted or revised pursuant 13245. A water (Itial4y control plan; or a revision thereof adopted to Division 6 (commencing with Section 10000) of this code and on any by a regional board. -,hall not become effective unless in(] mitil it is other general or coordinated governmental plan looking toward the* approved by the state board. The state board niaY approve such plan, development, utilization or conservation of the water resources of the or return it to the reuional board for ftifther considenition and resub- state. mission to the state board. Upon @resiilnni."ion thi, slate board ma.N (i) Encourage regional planning and action for water quality con- either approve or, after a ptiblie hearing in the affecicd re,-rion, revise trot. and approve such plan. (Amended by Stats. 1971 i Cb. 1288.) 13246. The state board .-shall act tipon anY wm(,r ifmilfly control plan withill 60 daYk after.the regional board has submitled sitch p1m, to the state board, or 90 d;jys iifter resubmis"ion of' stwh phill. ZO 24 (b) A regional board, in prescribilIg requirements, nee t author- departments, and boards, in carrying out le- ize the utilization of the full waste assimilation capacitipeof the re- 13- . State offices, I 7 with water ceiving waters. tivities which may affect water (Imility, shall complN qualit 'N control plans approved or adopted by the state board unless otherwise (c) The requirements may contain a time schedule, subject to revi- directed or authorized by shtute, in which ease the 'y ;hall indicate to sion in the discretion of the board. the regional boards in writing their authority for not complying with (d) The board may prescribe requirements although no discharge such plans. report has been filed. (Amended by Stats. 1971, Ch. 1288.) (e) Upon application by any affected person or on its own motion, the regional board may review and revise requirements. All require- Article 4. Waste Discharge Requirements ments shall be reviewed periodically. 13260. (a) Any person discharging waste or proposing to discharge (f) The regional board shall notify in writing the person making waste within any region that could affect the quality of the waters of or proposing the discharge or the change therein of the discharge, re- the state, other than into a community sewer system, and any person quirements to be met. After receipt of such notice, the person so noti- who is a citizen, domiciliary, or political agency or Mtity of this state fied shall provide adequate means to meet such requirements. discharging waste or proposing to discharge waste outside the bound- (g) No discharge of waste into the waters of the state, whether or M not such discharge is made. pursuant to waste discharge requirements, aries of the state in a manner that could affect the quality of the waters shall create a vested right to continue such discharge. All discharges of of the state within any region, shall file with the regional board of that region a report of the discharge, containing such information as may waste into waters of the state are privileges, not rights. be required by the board. No report need be filed when such require- 13264. (a) No person shall iiiitiate any new discharge of waste or ment is waived pursuant to Section 13269. make any material Plumge in any discharge prior to tile filing of tile (b) Every such person discharging waste shall file -with the regional report required by Section 13260 nor shall any such persoii do so there- board of that region a report of any material change or proposed after and prior to: (1) the issuance of waste discharge requiremeiits change in the character, location, or volume of the discharge. pursuant to Section 13263, (2) the expiration of 120 days after his (c) Each report under this section shall be sworn to or submitted compliance with Section 13260,, or (3) the regional board's '%vaiver under penalty of perjury. pursuant to Section 13269, whichever of J), (2), oi- (3) occurs first. (d) Each report under this section shall be accompanied by a filing l (b) The Attorney General, at the request of a regional board, shall fee of not to exceed one thousand dollars ($1,000) according to a rea- petition the superior court for the issuance of a temporary restraining sonable fee schedule established by the state board. order, preliminary iniiiiietion, or permanent injiniction, or combilla- (e) .When a report filed by any person pursuant to this section is tion' thereof, as maY be appropriate, prohibiting forthwith ally person not adequfLtp in the judgment of the regional board, the board may who is violatinr, ot, threateiiing to violate this section from: (1) dis- require such person to supply such additional information as it deems charging the waste in question. or (2) making any material chmige necessary. therein, whichever of (1) or (2) is applicable@ 13261. Any person failing to furnish a report under Section 13260 (Amended by Stats. 1970,..Cli. 918.) when so requested by a regional board is guilty of a misdemeanor. 13265. Any person discharging waste in violation of Section 13264, attention in writing by the (Amended by Stats. 1970, Ch. 918.) after such violation has been called to his @ 13262. The Attorney General, at the request of the regional board, regional board, is guilty of a misdemeanor. Each day of such discharge shall petition the superior court for the issuance of a temporary re- shall constitute a separate offense. straining order, temporary injunction, or permanent injunction, or 13266. Pursuant to such regulations is the regional board may pre- combination thereof, as may be appropriate, requiring any person not scribe, each city, county, or city and countysball notify the regional complying with Section 13260, to comply therewith. board of the filing of a tentative subdivision nuip,or of any application 13263. (a) The regional board,@_after any necessary hearing, shall for a building permit which may involve the discharge of waste, other prescribe requirements as to the nature of any proposed discharge, than discharges into a community sewer system and discharges from existing discharge, or material change therein, except discharges into a dWC]IiDgS involving five-family units or less. community sewer system, with relation to the conditions existing from 13267. (a) A regimial board, in establishing or reviewnig any time to time in the disposal area or receiving waters upon or into which water quality control plan or waste discharge reqiiii-ements, or in (@on- 'lleciioll with anv action relatiii" thereto or authorized I)y this division, the discharge is made or proposed. The requirements shall implement I s relevant water quality control plans, if any have been adopted, and may iiivestigale the quality of my waters of the state wifliiij its rf@vioij. shall take into consideration the beneficial uses to be protected, the (b) In such all investigation@ the regional board may ri!quire that. water quality objectives reasonably required for that purpose, other any person discliarging or proposing to discharge Nvasl(@ withir, it, waste discharges, the need to prevent nuisance, and the provisions of region or any citizen or domiciliary, or political afyeiwy or eiltilv of Section 13241. this state dischargim, or proposing to discharge wasle ollisid" of its region that could affeet the quality of waters withiii its rf@giorl shall 26 27 furnionder penalty of perjury-sitch technical or monitoring pro- hibitions (a) comply forthwith, (b) 10". a fline coinp] v in accordam. grain reports as the board may specify; provided that the burden, schedule set by the board, or..(C) ill tile event of a tfil-vatelle(l violation, including costs, of such reports-shall beat- a reasonable relationship to take appropriate remedial or preventive action. In the event. of .111 .the need for the report and the benefit,-, to be obtained therefrom. existim, or threat.voed violation of waste discharge reqUircillellis ill tile When requested by the person furnishing a report, the portions of a operation of a communii.y sewer system, cease and desis"t order.". may report which might disclose trade secrets or secret processes shall not restrict or prohibit the. volume. type., or concentration of waste that be made available for inspection by the public but shall be made avaii- might be added to such system by dischargers who (lid not discharge able to governmental agencies for use ill making studies; provided, into the system prior to the issuance of the' (,ease all(] desist order. however, that such portions of a report shall be available for use by Cease and desistorders may be issued directly by a board, after notice the state or any state agency in judicial review or enforcement pro- and hearing, or in accordance -with the procedure set forth in Section ceedings involving the person furnishing the report., 13302. (c) In such an investigation, the regional board may inspect tile (Amended by Stats. 1971, Ch, 1288.) facilities of any stich person to ascertain whether the purposes of this 13301.1. The regional board 'shall render to persons against whom a division ire being met and waste discharge requirements are being cease and desist order is issued, o Section. 13301 all possible pursuant t complied with. Such inspection shall be made with the consent of the assistance in making available current, information oil successful and owner or possessor of such faeilities,or, if such consent is refused, with economical water quality co.iitrol programs, as such information is a warrant duly issued pursuant to the procedure set forth in Title 13 developed by the state b;ard pursuant to 'Section 1-3167, and infornia- (commencing %vitli Section 1822.50) of Part 3 of Code of Civi II Pro- tion and assistance in applying for federal and state funds necessary cedure; provided, however, that in the event of an emergency affecting to comply with the cease and desist order. the public health or safety such inspection may be made without con- (Added by Stats. 1970, Ch., 1464.) sent or the issuance of a warrant. 13302. (a) Hearings for consideration of issuance of a cease and (Amended by Stats. 1970, Ch. 918.) desist order may be conducted by hearing panels designated by 13268. Any personjailing or refusing to furnish technical or moni- the regional board, each panel to consist of three'or more members of toring progrant'reports as required by sulidivision (b) of Section 13267 the board as it may specify. member of the board may serve on or falsifying any information provided therein is guilty of a m,isde- more than one panel. meanor. (b) Due notice of the hearing shall be given to all affected persons., 13269. The provisions of subdivisions (a) and (b) of Section 132f 0, After the hearing, the panel shall report its proposed decision and subdivision (a) of Section 13263, or subdivision (a) of Section 13264 order to the regional board and shall supply it copy to all parties who may be' waived by a regional board as to a specific discharge or a appeared at the hearing and requested a copy; Members of the panel specific type of discharge where such waiver is not against the public are not disqualifled from sitting as members of the board in deciding interest. Such waiver shall be conditional and may be terminated at tbe matter. The board, after making such independent review of any time by the board. the record and taking such additional evidence as may be necessary, may adopt, with or without revision, the proposed decision and order CUAPTER 5. ENrORCEMENT AND IMPLEMENTATION of the panel. 13303. Cease and desist orders of the board shall become effective Article 1. Administrative. Enforcement and Remedies and final upon issuance thereof. Copies shall be served forthwith by by Regional Boards personal service or by registered mail upon the person beingy eharge@l 13300. Whenever a. regional boa .rd finds that a discharge of waste with the violation of the reciiiii-ements and upon, other affeeted persons is taking place or threatening,to take place that violate-, or will violate whoappeared at the hearing and requesteda copy. requirements prescribed by the regional board or the state board, or (Amended by Stits. 1972, Ch. 8U) that the waste collection, treatment, or disposal facilities of a dis- 13304. (a) Any person who discharges waste into the waters of charger are approaching capacity, the board may require the dis- this state in violation of any waste discharge requirement or other charger to submit for approval of.the board, with such modifications order issued by a regional board or the state board, or who intenlionally as it may deeni nec eqsary, a detail d time sel Iiedule of specific actions or negligently causes or permits lin' discharged or de- f. . y waste. to be the dischar,,er shall take in order to correct or prevent a violation of posited where it is, or probably waters of will be, diseharl(red into the requirements, the state and creates, or threatens to create, a condition (or polhitioll (Amended by Stats. 1971, Ch. 1288.) or nuisance, shall upon order of the regional boar(] de-in up su(71, 13301. Wben a regional board.finds that i. discharge of waste is waste or abate the effects thereof or. in the ease of threntellf-d P01111tiOll taking place or threatening to take place in violation of requirements or nuisance, take other necessary r .einedial action,Upoll hlilill-f! of .Iny or discharge prohibitions prescribed b the regional board or the state person to comply with such cleanup or abatement order, ilif! Allorney t@ . y board, the board may issue an order to cease and desist and direct that General, at the request of tile boar(], shall petition thi, superior vourt. those persons not complying with the requirements or discharge pro- for that county for the issuance of an injunction requiring such person - 28 29 to cli, therewith. In any such suit. the court shall have jurisdiction notice -,hall state that such condition collstitilt" either a conTioll of to grant a prohibitory or mandator injunction, either preliminary or pollution or imisance which must be abated bv correction of sucli con- y permanent. as the facts may warrant. dition, otherwise it will be corrected by the city, county, other public (b) The regional board ilia 'v expend available nioneys to perform agency, or regional board at the pi@operty owner's cx!)ell.W. 'Slich ,my cleanup. abatement. or remedial work required under the eircinn- Y Jev- notice shall further state that.'all property owners having am ob,' stances set forth in subdivision 00 which in its Judgment is required tions to the proposed correction of Such Condition 111,1Y Itto-nd ;I bearill.r by the magnitude of endeavor or urfrency of prompt action needed to to be held by the board at a time not less thai 10 (lay-, froin the posting prevent substantial pollution, nuisance. or injury to any waters of the of tile notice. state. Such action may be taken in default of. or in addition to. reme- I(b) Notice of the hearing prescribed in this, section shall be given dial work by the Nvas'tc discharger or o.ther persons, and regardless of in the county where tile property is loeated pursuant to Section 6061 whether injunctive relief is being sought. The regional board may per- of the Government Code. form the work itself, or by or in cooperation with any other -;)vern- .(c) In addition to posting and publication, notice as reo-Iiiii-ed it) Olis mental agency, and may use rented tools or equipnio@nt, eitho'r with section shall be mailed to the property owners as lbeir lianles and operators furnished or unoperated. Notwitlistinding ;in.), other provi- addresses appear from the last equalized assessment role. sions of law. the re-ional board may enter into oral coniracts for such (d) At the time stated in the notices, the board shall hear in(] con- work. and the contracts, whether written or oral, may include provi- sider all objections or protests, if any, to the proposed corn-cl ion of' sions for equipment rental and in addition the. furnishing of labor and the condition, and may continue the hearing from time to fime. materials necessary to accomplish the work. Such contracts shall be (e) After final action is taken by the board oil the disposition of exempt from approval by the Department of General Services pursuant any protests or objections, or in case no protests oi- objections are to the provisions of Section 14780 of the Government. Code. received, the board shall request the city, county, or other public. (c) If such waste is cleaned up, the effects thereof abated, or, in the agency in which the conditions of pollution or the nuisance exists to case of threatened pollution or nuisance, other necessary remedial abate it, In the event that such city, county, or other public agency action is taken by any governmental agency, the person or persons who does not abate such condition within a reasonable time the board shall discharaed the waste, within the meaning of subdivision (a), shall be cause the condition to be abated. It may proceed by force account, liable to that 1rovernmental agency'to the extent of the reasonable costs contract or other agreement or arty other method deemed most ex- actuallv incurred in cleaning up such waste, abating the effects thereof, pedient by the board, and shall apply to the state board for the neces- or taking other remedial action. The amount of such costs shall be sary funds. recoverable in a civil action by, and paid to, such governmental agency (f) The owner of the property on which the condition exists, or is and the state board to the extent of the latter's contribution to the. created, is liable for all reasonable costs incurred by the boar(! or ;my cleatilip costs from the State Water Pollution Cleanup and Abatement city, county, or public agency in abating the condition. The amount of Account or other available funds. - the cost for abating tile condition upon the property in ques-lion shall (Amended by Stats. 1971, Ch. 1288). constitute a lien upon the property so posted upon the recordation or (Note the new authority of regional boards in -subsection (b) to a notice of lien, particularly describing the property oil which the con- expend available moneys to perform cleanup work when a cleanup dition was abated an(] the amount of such lien, ill the office of the order has been issued under subsection (a), and prompt action is county recorder of the county in which the property is locaied. Upoll needed to prevent substantial pollution or nuisance. Full authority to such recordation, the lien shift fiave.the same force, effect, and priority take all necessary actions call be delegated to the executive officer (See- as if it had been a judgment lien imposed upon real property which tion 13223). "Available moneys" ordinarily refers to moneys in tile was not exempt from execution, except that it shall attach only to the State Water Pollution and Abatement Account (Section 13441). Funds property so posted and described in such notice of lien. Siwh lien may made available from oil outside source, such as the Federal Govern- be-foreclosed by in action brought by the city, county, other public ment, could also constitute "available money-,". Note that authority agency, or state board, oil behalf of the regional board, for a moncy to expend moneys for cleanup requires in exercise of judgment. For judgment. Aloney recovered by a judgment ill favor of the state 'board I accounting purposes it is desirable that the exercise of judgment be shall be returned to tile State -Water Pollution Cleanup atid Abatement in writing. A letter to the state board should request needed funds Account. ,and ffive the reason in the context of.the statute, such as the existence (g) The city, county, other public a ency, or state board oil behalf of of an "urgency of prompt action is needed to prevent substantial - 0 regional board, may at any time release ill 'r any portion of the a pollution". A previous phone call Muld ascertain.whether necessary property subject to a lien imposed I'Mrsuant to subdivision (f) from fund- are available.) q - if the lien or subordinate such lim.to other liens and envurnbrwices 13305. (a) Upon determining that a condition of pollution or a licli it determines that the amount owed is sufficienth secured by nuisance exists which has resulted from a nonoperating industrial oi, C, Oil other property or that the release or subordination of S1101 liell business location within its region, a regional board may cause notice will not jeopardize the collection of such amount owed. A i!ertificat(! of such condition to be posted upon the property in question. The. by such board, city, county, or other@public agency to tile. (:ff'(!(.t that, 8.0- 81 eineut any pIrperty has been released from such lien or that such lien has Article 3. Judicial Review and Enfore becil subordinated to other liens and encumbrances -,hall be conclusive 13330. (a) Within 30 days after service of a copy of a decision and evidence that the property has been released or -that the lien has been order issued by the state board under Section 13320, any aggrieved subordinated as provided in such certificate. party may file with the superior court a petition for a writ of mandate (h) As used in this section, the words "nonoperating" or "not in for review thereof. Failure to fie such an action shall not preclude a ,operation" means the business is riot conductin@ ,g routine operations party from challenging the reasonableness and validity of a decision or usually associated with that kind of business. order of a regional board or the state board in any ju dicial proceedings (Amended by Stats. 1970, Ch. 146.2.) brought to enforce such decision or order or for other civil remedies. Article 2. Administrative Enforcement and Remedies (@) The evidence before the court shall consist. of the record before by the State Board the state board, including the regional board's record, and any other relevant evidence which, in tile judgment of:,the court, should be 13320. (a) Within 30 days of any action or failure to act by a considered to effectuate and implement the policies of this division. In regional board under subdivision (c) of Section 13225, Article 4 (com- every such case, the eourt shall exercise its independent judgment oil mencing with Section 13260) of Chapter 4 of this division, Chapter 5 the evidence. (commencing with Section 13300) of this division, Chapter 7 (com- . (c) Except as otherwise provided herein, the provisions of sub- mencing with Section 13500) of this division, or Division 7.5 (com- divisions (e) and (f) of Section 1094.5 of the Code of Civil Proce- mencing with Section 14000), any aggrieved person may petition tile dure shall govern proccedingspursuant to this section. state board to review such action or failure to act. In case of failure 13331. (a) Upon the failure of any person or persolis to comply to act, the 30-day period shall commence upon refusal of the board to with any cease and desist. order issued bv a recrional boord or the state act, or 60 days after request has been made to the board to act. The board, the Attorney General, upon request of the boord, shall petition state board may, oil its own inotion,-at any time review such action or the superior court for the issuance of a preliminary or permanent failure to act and also any failure to act under Article 3 (commencing in,. nction, or both. as may be appropriate, restraining such person or with Section 13240) of Chapter 4 of this division. persons from continuing the discharge in violation of the cease and (b) The evidmee before the state board shall consist of (i) the desist order. record before the regional board, and, (ii) any other relevant evidence (b) The evidence -before the court shall consist of the record before which, in the judgment of the state board, should be considered to the regional board or state board. or both, in(] any other relevant effectuate and implement the policies of this division. evidence which, in the judgment of the court, should be considered to (c) The state board may find the regional board action or inaction effectuate and implement the policies of this division. In every such to be appropriate and proper. Upoii finding that the action of the case, the court shall exercise iis independent judgment oil the evidence. regional board, or the failurc.of the regional board to act, was inappro- (c) The court shall issue an..order directing defendants to appear priate or improper, the"state board may: (1) direct that the appropri- before the court at a tinie and place certain and show cause why the ate action be taken by the regional board, (2) refer the matter to any injuncti6n should not be issued. The court may grant such prohibitory other state agency having jurisdiction, (3) take the appropriate action or mand'atory relief as may be warranted. itself, or (4) any combination of. the foregoing. In taking any such. (d) The court may stay the operation of the cease all(] desist order action, the state board is vested with all tile powers of the regional after notice to the board whieh. issue(I the order and hearing, Any such. boards under this division. stay may be imposed or continued only if it is not against the public (d) In the event a waste discharge in one region affects the waters interest. in another re-rion and there is any disagreement between the refy'ional (Amended by Stats. 1970, Ch. 918.) boards involved as to the requirements which should be established, either re-ional board may submit the disagreement to the state board Article 4. Summary Judicial Abatement which shall determine the applicable requirements. 13340. Whenever a regional board find-, that a discharge of waste (Amended by Stats. 1971, Ch. i288). within its region is taking place or threatening to take place which .13321. (a) In the case of a review by the state board under Section does or ,ill cause a condition of pollution or nuisancei colistituting an 13320, the state board, upon notice and a hearing, may stay in whole. emergent @, requiring immediate action to protect the public health, or in part the ekeet, of the decision. and order of a regional board or welfare, )r safety, the Attorney Oeneral, upon request of the board, of the state board. shall petition the superior court to enjoin such discharge. The court (b) If a petition is filed with the superior court to -review a decision shall have jurisdiction to grant such prohibitory or mandatory in- of the state board, any stay in effect at the time of the filing the junctive relief ,is may be warranted by way of temporary restraining petition sball remain in effect by operation of law for a period of order, preliminary injunction, and permanent injunction. 20 days from the date of the filing of such petition. -82- _33- Article 5. Civil Monetary Remedies 13350. (a) Any person who (1) intentionally or negligently vio- or similar purposes, and provided further that if the court, in in action lates any cease and desist order hereafter issued, reissued, or amended for an injunction brought under this division, finds that the enforce- by a regional board or the state board, or (2) in violation of any waste ment of an injunction restraining the discharger from discharging discharge requirement or other order issued, reissued, or amended by waste would be impr'acticable, the Icourt ,;hall have. the power to issue a regional board or the state board, intentionally or negligently dis- any order reasonable under tile circumstances requiring specific Incas- charges waste or causes or permits waste to be deposited where it is ures to be undertaken by the discharger to comply with tile discharge discharged into the waters of the state and creates a condition of pollu- requirements, order or decree. tion or nuisance, or (3) causes or permits any oil or any residuary (Amended by Stats. 1971, Ch. 1288 product of petroleum to be deposited ill or on any of tile waters of the 13361. (a) Every civil action brought under tile provisions or. this state, except in accordance with waste discharge requirements or other division at the request of a regional board or the state board shall he provisions of this division, may be liable civilly in a sum of not to brought by the Attorney General in the name of the people of the State exceed six thousand dollars ($6,0010) for each day in which such viola- of California and any such actions relating to the sanie discharge may tion or deposit occurs. be joined or consolidated. (b) The Attorney General, upon" request of a regional board or the (b) Any civil action brought pursuant to this division shall be state board, shall petition the superior court to impose, assess and brought in 4 county in which the discharge is made, or proposed to recover such Sums. Except in the case of a violation of a cease and be made. However, any action by or against a city, city and county, desist order, a regional board or @ the 'state board shall inake such county, or other public, agency shall, upon motion of either party, be request only after a hearing, with Aue notice of the hearing given to transferred to a county or city and county not a party to the action all affected persons. In determining Such amount, the court shall take or to a county or city and courity other than that in which the city into consideration all relevant circumstances, including but not limited or public agency is located. to, the extent of harm caused by-the violation, the nature and per- (c) In any civil action brought pursuant to this division in which sistence of the violation, the length of time over which the violation a temporary restraining order, preliminary injunction, or permanent occurs and corrective action, if any, taken by the discharger. injunction is sought, it shall not be necessary to allege or prove at any (e) The provisions of Articles 3 (commencing with Section 13330) stage of the proceeding that irreparable damage will occur should the and 6 (commencing with Section 13360) of this chapter shall apply to temporary restraining order, preliminary injunction, or permanent proceedings to impose, assess and recover an amount pursuant to this injunction not be issued, or that the remedy at law is inadequate, and article. the temporary restraining order, preliminary injunction, or permanent (d) Remedies under this section are in addition to, and do not super- injunction shall issue without such allegations and without such proof. sede or limit, any and *all other remedies, civil or criminal. (Amended by Stats. 1970, Ch, 918.) (Amended by Stats. 1971, Ch. 66 18 CHAPTER 5.5. COMPLIANCE WITH THE PROVISIONS OF THE FEDERAL Article 6. Gener .Ill Provisions Relating WATER POLLUTION CONTROL ACT As Ai%tENDED IN 1972 to Enforcement and Review (Added by Stats. 1972, Ch. 12561) 13360. No waste discharge requirement or other order of a regional 13370. The Legislature finds and declares that since tile Federal or state board or decree of court issued under the provisions of this Water Pollution Control Act (33 U.S.C. 1151, et seq.), as amended, division shall specify the design, location, type of construction or par- provides for a permit system to regulate the discharge of pollutants to ticular manner in which conipliance-may be had with such requirement, the navigable waters of the United States and provides that permits order:or decree, and the person so ordered shall be permitted to comply may be issued by states which are authorized to implement tile pro- therewith in any lawful manner@ Provided, as to disposal sites other visions of such act, it is in the interest of tile people of the state, in than those found by the state board to be adequately regulated by order to avoid direct regulation by th federal government of persons another governmental agency under subdivision (b) of Section 14020 n already subject to regulation under state law pursuant to this divis-ion, and evaporation ponds from which there is no drainage or seepage, the to enact the provisions of this chapter in order to authorize the state restrictions of this section shall not apply to waste discharge require- to implement the provisions of the Federal Water Pollution Control ments or order-, or decrees with respect to the discharge of solid waste Act aDd acts amendatory thereof or supplementary thereto, and federal requiring the installation of riprap, the construction of walls and dikes, regulations and guidelines issued pursuant thereto. the installation of surface and underground drainage facilities to pre- 13371. The Legislature further finds and declares that it is neces- vent runoff from enteriDg the disposal area or.leakage to underground sary for the state board to amend its administrative regulations in or surface waters or other reasonable requirements to achieve the above order to comply with the Federal Water Pollution Control A(A and regulations and guidelines adopted thereunder. 34 35 13372. To the extent other wovisions of this division are consistent upon secondary h-60ment, as defined under the Federal Water Pol- with tile provisions of this chapter, such provisions shall be applicable lution Control Act. to actions and procedures provided for in this chapter. The provisions (e) Not later than July 1, 1977, any more stringent limitation, of this chapter shall prevail over other provisions of this division to tile iheluding those necessary to meet water quality standards, treatment extent of any inconsistency. Theprovisions of this chapter shall apply standards, or schedules of compliance under this division or as re- only to actions required under tile Federal Water Pollution Control quired under the Federal Water Pollution Control Act. as, amended. Act, as amended. (d) Not later than July 1, 1983, effluent limitations for categories -ces,. other than publiely owt 13373. The terms navigable waters," '(effluent limitations," "ad- and classes of point som led treatment ministrator," "pollutants ... .. biolo-ic -monitoring," "discharge" and works, which (1) shall require application of the best available teeh- f(point sources" as used in this chapter shall have the same meaning nology economically achievable for such category or class, whiell will as in the Federal Water Pollution Control Act and acts amendatory result*in reasonable further progress toward th(i. goal of eliminatiuc, thereof or supplementary thereto., the discharge of all pollutants as determined under tile Federal Water 13374. The term "waste dischhrge requirements" as referred to in Pollution Control Act, as amended. 'or (2) in the case of the introdue- this division is the equivalent of the term "permits" as used in the tion of a pollutant into a pnblicly owned treatment works which meets Federal Water Pollution Control Act, as amended. the requirements referred to in subdivision (e), shall require compli- 13375. The discharge of any radiological, chemical, or biological ance with any applicable pretreatment or toxicity requirements. warfare atyent into the waters of-the state is hereby prohibited. (e) Not later than July 1, 1983, compliance by all publicly owned 13376. Any person discharging, pollutants or proposing to discharge treatment works, with requirements promulgated under the'Federal pollutants to the navigable waters of the. United States within tile Water Pollution Control Act, as amended. , jurisdiction of this state shall file a report of such discharge in com- (f) Any more stringent effluent standards or limitations -necessary pliance with tile procedures set forth in Section 13260. Any person to implement water quality control plans, or for the protection of proposing to discharge pollutants shall file a report at least 180 days beneficial uses or to prevent nuisance. in advance of the date oil which it is desired to commence the discharge (g) National standards of performance promulgated by the admin- of pollutants.. Any person presently' discharging pollutants shall file istrator. a report within 45 days of a written request by a regional board or (h) Pretreatment requirements as determined by the administrator. ator. the state board. The discharge Of pollutHnts by any person except as (i) Oce .in discharge criteria promulgated by the administr, authorized pursuant to waste discharge requirements is prohibited. 13380. Any waste discharge@r equirement adopted under this chap- 13377. Notwithstanding any @Other provision of this division, the ter shall be reviewed at least every. five years and, if appropriate, state board or the regional boards shall, as required or authorized by revised. the Federal Water Pollution Control Act, as amended, issue waste 13381. Waste discharge r -equirements may be terminated or modi- discharge requirements which ensure compliance with any applicable fied for cause, including, but not limited to, all of the following: effluent limitations, water quality related effluent limitations, national (a) Violation of any condition *contained in the requirements. standards of performance, toxic and pretreatment effluent standards, (b) Obtaining the requirements by misrepresentation, or failure to and any ocean discharge criteria.- disclose fully all relevant facts. 1.3378. Waste discharge requirements shall be adopted only after (c) A change in any condition that requires either a temporary or notice and any necessary hearing. Such requirements shall be adopted permanent reduction or elimination' of the permitted discharge. for a fixed term not to exceed five years for any proposed discharge, 13382. Waste discharge requiremefits.shall be adopted to control existing discharge, or any material change therein. the disposal of pollutants into wells. . - bo I 1337.9. Waste discharge requirements ;hall be adopted to meet tile, 13383. The state board or re,,ional ards may require dischargers following of pollutants to navigable waters or to public ireatment systems, to (a.) Not later than July 1, 1977, effluent limitations for point sources establish and maintain records, make reports, install. lisp and maintain other than publicly owned treatment works, which (1) shall reqnire monitoring equipment or methods@ including, where appropriate, bio- louical monitoring methods, sai pie 'effluent as prescribed and provide the application of the best practicable control technology currently 0 n available as defined under the Federal Water Polintion Control Act, other information as may be reasonably required. The state board or as amended. or (2) in the case of a discharge into a publicly owned regional boards may inspect tile facilities of any disohirger of ' pollu- tants pursuant to the procedure set forth in subaivision i of Section treatment works as defined in subdivision (b), shall require compliance with any applicable pretreatment-or toxicity requirements. 13267. (b) For publicly owned treatment works in existence oil July 1, 13384. The state board or the regional boards shall onsure that thf, 1977, or approved pursuant to the Federal Water Pollution Control public, and that anY other state, the waters of whic-11 IrlaY bo affVcted Act, as amended, prior to June 30@ 1974, for which construction shall by any discharge of pollutAnts to navigable waters wilhin illis state, becompleted within four years of approval, effluent limitations based shall receive notice of each application for requireni(ITOS or report of 36 87 Avastlischarge and ire provided an opportunii.y for public hearing this division shall be punished bA a fine of not more than tell thousand' before adoption of such requirements. dollars ($10,000), or bv Imprisonment in a county jail for not more 13385. Any person Avho discharges pollutants, except as permitted than six month,,, or by both. by waste discharge requirements, or who violates illy cease and desist 13388. Notwithstanding any other provision of this division or See- order, prohibition, waste discharge requirement, effluent limitation, lion 175, no person shall be a member of the state board oi- a rc@,,ional water quality related effluent limitation, national standard of perform- board if lie receives or has received durin@- the previous two ),cars I ,nice, pretreatment or toxicity standard or who refuses to comply Avith sil-nificant portion of his income directly or indirectly froill any person the requirements adopted pursuant to Section 13382 shall be subject to subject to Avaste dischan-,e requireinents or applicallis for waste dis- a civil penalty not. to exceed ten thousand dollars ($10,000) for each charge requirements pursuant to this chapter. This section shall be I (lay in which such discharge, violation, or refusal occurs. Funds col- come operative oil Alarch 1, 1973. lected shall be paid to the State lVater Pollution Cleanup Ind Abate- 13389. Neither tile. state board nor the regional boards, shall be re- inent Account. 'hapter :1 (coin i c wi i it quired to comply with the provisions of C I I I I g AV 13386. (a) The Attorney General, upon request of a regional board Section 21100) of Division 13 of the Public Resources Code prior to or the state board, shall petition the Superior court to impose, assess and the adoption of any waste discharge requirement, except requirements recover the sunis provided in Section 13385. for new sources as defined in the Federal Water Pollution Control Act (b) Upon the violation of the t.errns of any cease and desist order, or acts amendatory thereof or supplementary thereto. prohibition, waste discharge requirement, effluent limitation, water CHAPTER 6. STATE FINANCIAi, ASSISTANCE quality related effluent limitation, national standard of perforlilance., pretreatment or toxicity standard, the requirements of Section 13383, Article 1. State Water Quality Control Fund or upon the failure of any discharger into a public treatment System 13400. As u-sed in this chapter, unless otherwise apparent from the to comply with lily cost or (!)large adopted by atiAl public ageney under context: Section @04(b) of the Federal Water Pollution Control Act, as amended, (a) "Fund" means the State Water Quality Control Fund. the Attorney General, upon the request of tile state board or regional (b) "Public agency" means any city, county, city and county, dis- board shall petition the appropriate court for the issuance of a pre- trict, or other political subdivision of the state. liminary or permanent injunction, or both, as may be appropriate, (c) "Facilities" means either or both: (1) facilities for the collec- restraining such person or persons from continuing the violation. The tion, treatment, or export of waste when necessary to prevent water provisions of subdivisions (b) and (c) of Section 13331 shall be applica- pollution or (2) facilities to reclaim waste waters and to convey re. ble to proceedings 'under this subdivision. claimed water. (c) With respect to violation of waste discharge requirements or 13401 ' The State Water Quality Control Fund is continued in ex- cease and desist orders, remedies under Section 13385 are in lieu of istence. The following moneys in the fund are appropriated, without civil monetary remedies provided for in Section 13350. regard to fiscal years, for expenditure by the state board in making 13387. (a) Any person who willfully or negligently discharges pol- loans to public agencies in accordance. with the provisions of this chap- lutants, except is allowed by waste di-wharge requirements or who will- te'r: fully or negligently violates any effluent standard, water quality (a) The balance of the original moneys deposited therein. related effluent standard, national standard of performance, toxicit-,,- or (b) Any money repaid thereto; pretreatment standard, or who refuses to conipf 'v with the requirements (c) Any remaining balance of the money in the fund deposited adopted pursuant to Section 13382, or who violates any cease and desist therein after the specific appropriations for loans to the South Tahoe order, probibition, or waste discharge requirement shall be punished Public Utility District, the North Tahoe Public Utility District, the by a fine of not more than twenty-five thousand dollars ($25,000) - nor Tahoe City Public Utility District, the Truckee Sanitary District, and less than two thousand five hundred-dollars ($2,500) for' each day it] to any other governmental entity in the areas served by such districts which such violation occurs, or by imprisonment for not more than one have been made. year in tile county jail, or by both. If the conviction is for a violatiou Article 2. Loans to Local Agencies committed after a first conviction of such person under this section, 13410. Applications for construction loans under this chapter shall punishment shall be by a fine of not more than fifty thousand dollars include: ($50.000) for each (lay in which such violation occurs, or by imprison- (a) A description of the proposed facilities. nient for not niore than two years in the county jail, or both. Funds (b) A statement of facts showing the necessity for the propose(] fa- collected shall be paid to the State Water Pollution Cleanup and Abate- cilities and showing that funds of the public agency are nol, available ruent Account. for financing such facilities and that the sale of revenue or gerwral (b) Any person who knowingly makes any false statement, repre- obligation bonds through private financial institutions is impo%sible or sentation, record, report, plan or other document filed with a regional would impose an unreasonable burden on the public agency. board or the state board, or who falsifies, tampers with, or knowill"dy (c) A proposed plan for repayingthe loan. renders inaccurate any monitoring device oi, Imethod r equired under (d) Other information as required by the state board. 39 38 1341f Upon a determination by the state board, after consultation made by such public agencies in connection with waste water reclama- with'the State Department of Health,* that (a) the facilities proposed tion. by an applicant are necessary to the health or welfare of the inbabi- (b) Not more than it total of two hundred thousand dollars ($200,- tants of the state, (b) that the proposed facilities meet the needs of the 000) shall be loaned pursuant to this section in any fiscal year, and not applicant, (c) that funds of -the public agency are not available for more than fifty thousand dollars ($50jQ00) shall be loaned to tiny pub- financing such facilities and that the sale of revenue or general obliga- lie agency in any fiscal year putsuant to this section. In the event that tion bonds through private financial institutions is impossible or would less than two million dollars ($2,000,000) is available in any fiscal year impose an unreasonable burden on the public agency, (d) that the pro- for loans under this article, then not more than 10 percent of the avail- posed plan for repayment is feasible, (e) in the case of facilities pro- able amount shall be available for loans for studies and investigations posed under Section 13400(c) (1). that such facilities are necessary to pursuant to this section. prevent water pollution, and (f) in the case of facilities proposed (c) Applications for such loans shall be made in such form, and shall under Section 13400(c) (2) that such facilities will produce reclaimed contain such information, as may be required by the state board. water and that the public agency has adopted a feasible program for (d) Such'loans shall be repaid within a period not to exceed 10 years, use thereof, the state board, subject to approval by the Director of F1_ with interest at a,rate established in the manner provided in Section nance, may loan to the applicant such sum as it determines is not 13412. otherwise available to the, public agency to construct the proposed fa- , 13416. Before a public agency may enter into a contract with flie cilities. state board for a construction loan under this chapter, the public agency (Amended by Stats. 1971, Ch. 1593.) Shall hold an election on the proposition of whether or not the public 13412. No loan shall be made to a public agency unless it executes agency shall enter into the proposed contract and more than 50 percent an agreement with the state board tinder which it agrees to repay the of the votes cast at such election must be in favor of such proposition. amount of the loan, with interest, within 25 years following, at the NOTE. 'Modified by 9tats; 1972, Ch, 813, which provides in part: election,of the state board and with the concurrence of the Director of The provNions of Sections 13416 and 13417 of the Water Code Vshall not nl1ply Finance, a 10-year moratorium on .principal and interest payments. to any loan to the isia vista 8nnitary District, the S'qunw Valle. County Water District, or the Alpine Springs Comity Water District pursuant to the provisions Except as otherwise provided in this section, the interest shall be at a of Chapter 6 (commencing with Section 13400),,of Division 7 of the Water Code. rate equal to the.average, as determined by the state board, of the net interest costs to the state on the sales of general obligation bonds of 13417. The election shall be held in accordance with the followinry provisions: the state that occurred during the period of five calendar years imme- (a) The procedure for holding an 'election on the incurring of bonded diately preceding the year in which the loan agreement is executed. indebtedness by such public agency shall be utilize However, when the applicable average of the net interest costs to the d for an election of the proposed contract as nearly, as the same may be applicable. state is not a multiple of one-tenth of 1 percent, the interest rate shall Where the law applicable to such- agency. does not contain such bond 'be at the multiple of orie-tenth of 1 percent next above the applicable election procedure, the procedure set forth in the Revenue Bond Law average of the net interest costs. of 1941 (Chapter 6 (commencing with Section 54300) . Part 1, Division The interest rate applicable to tiny loan made pursuant to this 2, Title 5 of the Government Code), as it may now or hereafter be chapter for which an application was filed prior to Ja Inuary 1, 1967, amended, shall be utilized as nearly as the same may be applicable. shall be at the rate of 2 percent. (b) No particular form of ballot is required, (Amended by Stats. 1970, Ch. 1159.)@ (c) The notice of the election shall include a statement of tile time 13413. It is the policy of this state that, in making construction and place of the election. the purpose of the election, the trencral pur- loans under this article, the state board should give special conside ation to facilities p pose of the contract, and the maximum amount of money to be bor roposed to be. constructed by public agencies @ in rowed from the state under the contract. areas in which further construction of buildings has been halted by (d) The ballots for the election shall@ contain it brief statement of order of the State Department of Health * or a local health depart- the general purpose of the contract substantially as stated in the notice ment, or both, or notice has been given that such all order is being of the election, shall state the maximum amount of money to be bor- considered; provided@ however, that the public agencies designated in rowed from the state tinder the contract, and shall contain the words this section shall otherwise comply with and meet all requirements of "Execution of contract.Yes " and "Execution of contract-No. other provisions of this chapter. (Amended by Stats. 1969, Ch. 800.) (e) The election shall be held @in the entire public agency except 13414. All money received in rep .ayment of loans under this chapter where the public agency proposes to contract with the state board on. ,shall be paid to the State Treasurer and credited to the fund. behalf of. a specified portion, or of specified portions, of the public 13415. (a) Loins may be made by the state board to public agencies agency, in which case the election shall be held in such portion or to pay not more than one-half of the cost of studies and portions of the public agency only. investigations Note: New name efrective juiy 1, 1973. Formerly called Department of Public Health and state Board of Public Health, 40 41 Article 3. State Water Pollution. Cleanup and The Legislature further finds and declare-, that the utilization of' Abatement Account reclaimed water by local communities for domestic, agricultural, in- 13440. There is in the State Water Quality Control Fund the State dustHal, recreational, and fish and wildlife purposes will contribute Water Pollution Cleanup and Abatemert Account (hereinafter called to the peace, health, safety and welfare of the people of the state. Use the "account"), to be administered by the state board. of reclaimed water constitutes the- development of "new basic water 13441. There is to be paid into the account all moneys from the supplies" as that term is used in Chapter 5 (commencing with Section following sources: 12880) of Part 6 of Division 6. (a) All moneys appropriated by the Legislature for the account. 13512, It is the intention of the Legislature that the state undertake (b) All moneys contributed to the account by any person and ac- ill possible steps to encourage development of water reclamation facili- cepted by the state board, ties so that reclaimed water may be made available to help meet the (c) One-half of all moneys collected by way of criminal penalty and growing water requirements of the state. all moneys collected civilly under any proceeding brought pursuant to any provision of this division. . I Article 3. State Assistance (d) All moneys collected by the. state board for the account under 13515. In order to implement the policy declarations of this chap- Section 13304. ter, the state board is authorized to provide loans for the development All moneys paid into the account are available without regard to of water reclamation facilities@ or for studies and investigations in fiscal years, for expenditure by the state board in accordance with the connection with water reclamation, pursuant to the provisions of Chap- provisions of this article. ter 6 (commencing with Section 13400) of this division. 13441.5. The State Treasurer, when requested by the state board and approved by the Director of Finance, shall transfer moiteys in the Article 4. Regulation of Reclamation nature of a loan from the State Water Quality Control Fund to the account created pursuant to Section 13440, which shall be repayable 13520. As used in this article "reclamation criteria." are the levels from the account to such fund; provided, that the moneys transferred of constituents of reclaimed water, and means for assurance of reli- , min of twenty-five from the fund to the account shall not exceed the ability under the design concept which will result in reclaimed water thousand dollar-, ($25,000) at any one e. safe from the standpoint of public.bealth, for the uses to be made. jim. 13591. The State Department of 11calth shall establish (Added by Stats. 1970, Ch. 918.) - statewide 13442. Upon application by a public agency with authority to clean reclamation criteria for each virying type of use of' reclaimed "vater up a waste or abate the effects thereof, the state board may order where such use involve-, the protection of public health. -moneys to be paid from the account to the agency to assist it in clean- 13522, Whenever@ the State Department of Health or any local s that a contamination exists (is a i ing up the waste or abating it, effects on waters of the state. The agency health officer find TStilt of use, of shall not become liable to the state board for repayment of such moneys, reclaimed water, the department or local health oMeer shall Order the .but this shall not be any defense. t ,o an action brought pursuant to contamination abated in accordance with the procedure provid(-d for subdivision (b) of Section 13304 for the recovery of moneys paid here- in Chapter 6 (commencing with Section 5400) of Part 3, Division 5 under. of the Health ,in(] Safety Code. a 13522.5. (a) Any person reclaiming or proposill-v 10 T-ecl, iff, vater Num_ This article is subject to Goveranient Code Provisions on oil sljills. (see page 60.) or using or proposinIg to nse reclaimed water within any ruvioji for any CHAPTER 7. WATER RECLAMATION purpose for AN-hieli reclamation criteria. have been i,stablish(-ti, shall file with the re,,ional board of that regiou a report Containing suell Article 1. Short Title information as it'iny be reqnired by the board. 13500. This chapter shall be known as and may be cited as the (b) Every person reclaiming water or nsinIg r('-Tlahw_,d Avater sliall Water Reclamation Law. file with the regional board or that region a report of aij.v material change or proposed clianve in the character of t1w r@-(-Iaimed Nvater Article 2. Declaration of Policy or its use. (c) Each report under this section shall be sworn to or submitted 13510. It is hereby declared that the people of the state have a tinder penalty of perjury. primary interest in the development of facilities to reclaim water con- (d) The provisions of' this section shall not be constriv!d so as to taining waste to supplement existing surface and tinder ground water 0 require an:v sucli report in the case or any producinE-r. m;iwifacturi-, supplies and to assist in meeting the future water requirements of the I or proccssing operation involving the reelamation of wat,-r sololy for state. use in such produciiig, inautifacturing or processing op,-rntion. 13511. The Legislature finds and declares that a substantial portion of the future water requirements of this state may be economically (Added by Stats. 1970, Ch. 9118.1) met by beneficial use of reclaimed water. -42 - 43 1306. Any person failing to furnish a report under Section 13400) of this division, the state board shall give added consideration 135-22.5 when so ruquested by a regional board is guilty of a misde- to water quality control facilities providing optimum water reclania- meanor. tion and use of reclaimed water. Nothing in this chapter prevents the appropriate regional board (Added by Stats. 1970, Ch. 918.) 13522.7. The Attorney General, at the request of the regional board, from establishing waste discharge requirements if a discharge is shall petition the superior court for the issuance of a temporary re- involved. straining order, temporary injunction or permanent injunction, or 13528. No provision of this chapter shall be construed as affecting combination thereof, as may be appropriate, requiring any person not the existing powers of the State Department of Health. complying with Section 13522.5 to comply forthwith. (Added by Stats. 1970, Ch. 918.) Article 5. Surveys and Investigations 13523. Each regional board, after consulting with and receiving 13530. The department, either independently or in cooperation the recommendatiODS Of the State Department of Health and after any with any person or any countyi state, federal, or other agency, or on necessary hearing, E -il, if it determines such action to be necessary request of the state board, to the extent funds are allocated therefor, to protect the public health, safety, or welfare, prescribe water recla- shall conduct surveys and investigations relating to the reclamation of mation requirements for water which is used or proposed to be used. water from waste pursuant to Section 230. as reclaimed water. Requirements may be placed upon the person reclaiming water, the user, or both. Such requirements shall include, Article 6. Waste Well Regulation or be in conformance with, the statewide reclamation criteria estab- 13540. No person shall construct, maintain or use any waste well lished pursuant to this article. The regional board may require the extending to or into a subterranean water-bearin .g stratum that is used submission of a preconstruction report for the purpose'of determining or intended to be used as, or is suitable for, a Source of water supply compliance with the reclamation criteria. for domestic purposes. Notwithstanding the foregoing, when a regional (Amended by Stats. 1970, Ch. 918.) board finds that water quality considerations do not preclude controlled 13524. No person shall reclaim water or use reclaimed water for any purpose for which reclamation criteria have been established -until recharge of such stratum by direct injection, and when the State water reclamation requirements have been established pursuant to this Department of Health, following a public hearing, finds the pro- article or a regional board determines that no requirements are nee- posed recharge will not impair the quality of water in the receiving essary. aquifer as a source of water supply for domestic purposes, reclaimed water may be injected by a well into such stratum. The State Depart- (Former 13525; amended. and renumbered 13524 by Stats. 1970, ment of Health may make and enforce such regulation-, pertaining Ch. 918.) thereto as it deems proper. Nothing in this section shall be construed 13525. Upon the refusal or failure of any person or persons reclaim- to affect the authority of the state board or regional boards to prescribe ing water or using reclaimed water to comply with the provisions of and enforce requirements for such discharge. this article, the Attorney General, at the request of the regional board, 13541. As used in this article, "waste well" includes any hole shall petition the superior court for the issuance of a temporary re- dug or drilled into the ground, used or intended to be used for the straining order, preliminary injunction, or permanent injunCtiOD, or disposal of waste. combination thereof, as may be appropriate, prohibiting forthwith any person or persons from violating or threatening to violate the provisions CHAPTER 8. FEDERAL ASSISTANCE FoR TREATMENT FACILITIES of this article. (Former 13524; amended and . renumbered 13525 by Stats. 1970, 13600. The state board shall administer any program of financial Ch. 918.) assistance for water quality control which may be delegated to it by 13525.5. Any person reclaiming water or iising reclaimed water in law, and may accept funds from the United States or any person to violation of Section 13524, after such violation has been called to his that end. attention in writing by the regional board, is.guilty of a misdemeanor. .13601. The state board@Jn cooperation with the regional boards, Each day of such reclaiming or use shall constittite a separate offense. shall survey the statewide need for waste collection, treatment and (Added by Stats. 1970, Ch. 918.) disposal facilities which will be required during the five-year period, 13526. Any person who, after such. action has been called to his January 1, 1968, to December 31, 1972, inclusive, to adeqn1tely pro- attention in writing by the regional board, uses reclaimed water for tect.tbe waters of the state for beneficial use. The state board sliall any purpose for.which reclamation C:'riteria have been established prior also, biennially, commencink in 1910, survey the need for facilities to the establishment of water reclamation requirements, is guilty of a which will be required by public agencies for the ensuin,,r five-year misdemeanor. period. The state board may request a local public ngeney operating 13527. In administering such facilities to transmit to its regional board a report on the follow- any statewide program of financial as- sistance for water pollution or water quality control which may be ling: delegated to it pursuant to Chapter 6 (commencing with Section 44 45 (al summary of the construction or improvement of its waste state board unless such ipplication contains assuninces that,super-- collection, treatment and disposal facilities and amounts expended visors and operAors of the plant meet or will meet certification re- therefor. quirements, adopted pursuant to Chapter 9 (commencing with Section (b) An estimate of its needs for the five-year period, January 1, 13625) of this division, for the proposed plant, as well as the plant in 1968. to December 31, 1972, inclusive, and for any ensuing five-year current operation. period. (Amended by Stats. 1970, Ch. 918, and Stats. 1972, Ch. 1315.) The state board shall review the information contained in the re- WASTE ports made by the local public agencies. The state board shall submit C11APTER 9. MUNICIPAL , WATER TRFATINIENT PLANT to the Legislature findings and conclusions as to the anticipated local, -CLASSIFICATION AND OPERATOR CERTIFICATION state, and federal financing necessary to provide the needed facilities (Added by Stats. 1972, Ch. 1315.) for such periods. 13625. As used in this chapter: 13602. The state board shall make no commitment or enter into any agreement pursuant to an exercise of authority under this chapter (a) "Municipal waste water treatment plant" means ill(, various until it has determined that any money required to be furnished as facilities used in the treatirient or reclamation of seNvage and industr6l the state's share of project cost is available for such purpose. wastes. 13603. The Governor may request the funds required to finance (b) "Supervisor" means any person who has direct responsibilit.x the state's share of project costs.for each fiscal year through inclusion for the operation of a municipal waste water treatment plant or who of the anticipated state's share in the annual Budget Bill. supervises any operators of such a plant. 13604. The state board shall review and appr ,ove each waste collec- (c) "Operator" means any.Person who operates a municipal waste tion, treatment, and disposal project for which an application for a water treatment plant. grant under the Federal Water Pollution Control Act has been made. (d) "Certificate" means a cer.tificate of competency issued by the The state board shall, in reviewing each project, determine whether state board statim, that the supe rvisor or operator has met the require- such project is in conformity with state policy for water quality con- ments for a specific classification in the certification program. trol and in conformity with water quality coiitrol plans adopted by 13626. The state board shall classify types of municipal waste water treatment plants for the purpose of determining the levels of compe- regional boards, and shall certify that such project is entitled to priority 7 over other eligible projects on tile basis of financial as well as water tence neeessary to operate them. The state board shall adopt and pollution control needs. promulgate regulations setting. forth the types of plant.,,, and tile fac- (Amended by Stats. 1970, Ch. 254;) tors oil which (,]I(- state board based its classification. 13605. For the purpose of reviewing applications for grants made 13627. (a) Supervisors and operators of mimicipal waste water treatment plants shall possess a certificate of -ipproprialc grade iii ac- pursuant to authority granted in Section 13600, the state board shall cordance with, and to the extent recommended by the advisory com- give added consideration to applicants having facilities providing 0 mittee and required by, regulations adopted by the state board. Tile optimum water reclamation and use of reclaimed water. state board shall develop land specify in its regulations the training 13606. If an application states that the applicant is not able to necessary to quilify a supervisor or operator for certirication for each finance the local agency share of the project, the state board shall con- type and class of plant. Tile state board may accept experienee in lieu sider whether the applicant should be required to levy a sewerage serv- of qualification training. lit livu of a properly certified w;is Ite water ice charge. If the state board determines a sewerage service charge is treatment plant operator, the board may approve use. or a water treat- necessary to pay, such costs, the. state board shall not approve the grant metit plant opermor of appropriate, grad(@ verfified by the. State, Board application unless, as a condition to such approval, the applicant of Public llealth,.wliore water reclamation is involved. agrees to levy a reasonable and equitable sewerage service charge in r treatment plant connection with the proposed project. (b) A person eniploNed is a municipal waste Avate Any such applicant, not otherwise authorized, is authorized by this supervisor or operator oil the effective. date of regulations adopted section to levy a sewerage service charge pursuant to such an agreement, pursuant to this chapter shall be issued in appropriate certificate pro- vided lie meet-, tile training, education, and experience requirellielits and shall levy such charge in the manner provided in the agreement. prescribed by regulations. V . I I 13607. All money appropriated by the Legislature for tile state's 13628. Certificates issued pursuant to this ehapter shall be re- share of the project costs shall be@ appropriated without regard to fiscal years, or shall augment an appropriation without regard to fiscal neived bienniallY, subject to compliance by applicants with rellc%val years. requirements Ill- escribed b,y regulations. Ii'ees shall be payable to ille 13608. After tile effective date of the alnelidinclit of this sectioll si'lle boord at, ille linle of issuance-of a certifieatc and 0 illc ihile of bv tile 1972 Repilar Session of the Legislature, no application foi- .1 reiiewal. The stMe board shall establish a fee schedulc to provido reve- grant under this division or under the Fede'ral Water Pollution Conlrol Illics to cover the cost of this program. Act, or amendment thereof, or for a'ioan pursuant to Clulpter 6 (colkl- 13629. The state board ma 'y approve courses of' ins-frilclion A mencing with Section 13400) of this@ division, shall be weepted by the higher educational institutions which will qualiry opernfors for emIl grade of certification. The state board simll also ;Ipprove coill-ses of in- 46 471- strulgiven by professional associations, or other nonprofit private used for the purpose of (1) dewatering excavation during construction, or public agencies 'which shall be deemed equivalent to courses of in- or (2) stabilizing hillsides or earth. embankments. struction. given bY higher edueational institution-,. 13711. "Cathodic protection well," as used in this chapter, means 13630. The state board is the state agency which is authorized to any artificial excavation in excess of 50 feet constructed by any method represent the state and its local governmental agencies in adminis- for the purpose of installing equipment or facilities for the protection tering any federal or state funds available for municipal waste water electrically of metallic cqpipoment in contact with the ground, commonly treatment plant operator training. The state board may provide tech- referred to as cathodic protection. nical and financial assistance to organizations providing operator train- ing programs. - Article 3. Reports 13631. Prior to adopting or-revising any regulations or approving 13750. Every person who hereafter, intends to dig, bore, or drill a auy courses for operator training, the state board shall appoint an water well or cathodic protection well, or who intends to deepen or advisory committee to assist it in carrying out its responsibilities eperforate any such well, or to abandon or destroy any such well, under this chapter. r 1 13632. 'The advisory committee appointed pursuant to Section 13631 shall file with the department a notice of intent to enLgrage in such con- shall consist of the following: struction, alteration, destruction, or abandonment prior to commencing (a) Two persons from a statewide organi7at,ion representing munici- such construction, alteration, destruction, or abandonment; provided, pal waste water treatment -plant operators and supervisors, who shall that when such construction, alteration, destruction, or abandonment be employed in a waste water treatment plant as an operator or Must be accomplished immediately in order to prevent damage to supervisor. persons or property due to the loss of an existing water supply, such (b) Two persons from statewide organization-, representing munici- notice shall be filed with the department as soon as possible thereafter, palities, including counties, but in any event Dot more than five days after comMeDeement of such construction, alteration, destruction, or abandonment or repair. (c) Two persons from statewide organizations representing local The report sl sanitation agencies, other than municipalities. itill be made on forms furnished by the department and (d) One person who is a professional engineer specializing in sani- shall contain such information as the department may require. in- tary engineering. cluding, but not limited to: (a) description of the well site sufficiently (e) One person from a universitY or a state college school or division exact to permit location andIdentification of the well; (b) proposed of engineering. date of construction of the well; (c) the use for which the well is 13633. The advisory committee shall review all proposed regulation,% intended; (d) the work to be done and a description of type of con- and make recomm e. ndat ions to the state board prior to adoption of any struction; and (e) in event of late filing. the reasons therefor. regulations or changes therein. 13751, Every person who hereafter digs, bores or drills a water well 13634. This chapter, shall not apply, to non govern mentally owned or cathodic protection well. or abandons or destroys any such well, or or operated facilities. who deepens or reperforates any such well, shall file with the depart- ment a report of completion of such well within 30 days after its con- CH"TER 10. WATER WELLS AND CATHODIC PROTECTION. WELLS struction or alteration has been completed. Article 1. Declaration of Policy The report shall be made on forms furnished by the department and shall contain such information as the department may require. in- 13700. The Legislature flnds that the greater portion of the water cluding, but not limited to - (a) description of the well site sufficiently used in this state is obtained from underground sources and -that exact to permit location nDd identification of the well; (b) detailed such waters are subject to impairment in quality and purity, causing lbg of the well; (c) description of type of construction: (d) details detriment to the health, safety and, welfare of the people of the state. of perforation; and (e) methods used for scaling off surface or con- The Legislature therefore declares that the people of the state have taminated waters. a primary interest in the location, construction, maintenance, abandon- 1 13752. Report-, made pursuant to Section 137,51 shall not be made ment And destruction of water wells and cathodic protection wells. available for inspection by the public but ;hill be made available to which activities directly affect the quality and purity of underground governmental agencies for use in making studies; provided. that any waters. report shall be mide available to any person who obtains a written Article 2. Definitions authorizntion from.the owner of the well. 13710. "Well" or "water well" as used in this chapter, means 13753. Every person who hereafter converts, for use as R water well any artificial excavation constructed by any method for the purpose of or cathodic protection well, any oil or gas well originally eonstrijeted extracting water from, or injecting water into, the underground. under the jurisdiction of the Department of Conservatioti purs"ant This definition shall not include: (a) oil and gas wells, or geothermal to the provisions of Article 4 (commencing with Section 3200), Chap- wells constructed under the jurisdiction of the Department of Conser- ter 1, Division 3 of the Public Resources Code, shall comply with all vation, except those wells converted to use as water wells; or (b) wells provisions of this chapter. 49 - 48 icti-AR protect county or city well standards are not sufficienl1v restr the quality of the affected waters. If the board makes such a det-rniinp-- 13754. Failure to comply with any provision of this article, or will- tion it shall so report to the affected county or city and also recom- ful and deliberate falsification of any report required by this article, niend the well standards, or tile modification of the county or city well is a misdemeanor, . standards, which it determines are necessary. Before commencing prosecution against any person. other than for 13805. If a conniv oi, city fails 11" to odopt in ordinance establi i , wiliful and deliberate falsification of any report required by this arti- water -well all(] (,athodic pr'otection well construction, nianiteiiance,. cle, the person shall be given reasonable opportunity to comply with abandonment, and desiruction standards within 120 days of receipt the provisions of this article. of the re,,ional board's report of its determination that stich standards 1375.5. Nothing in this chapter shall affeet. the powers in(! duties are I iiecessary 1mrsuant to Section 13802, oi- fiiis to adopt oi- inodifl of the State Department of Healfli with respect to xater and water such well stand;irds in the inanner determined as necessdi'V by the s.Nstejus pursuant to Chapter 7 (commencing -vvith Section 4010) of refrional boord pursuant to Section 13804 within 90 &y's of @cccipt of Division 5 of the Health and Safely Code. Every person sliall collipl *N' the regional board',,, report, tile regionoi bmird may a.dopi standards- with this chapter and any regulation adopted -pursuant thereto, ill fur water well in(] cathodic protection well construction. inaintenance. addition to standards adopted by any city or county. abandonment, in(] destruetion for the area. Such retrional board well tile date of their adoption by standards shall take offeet '30 days from Article 4. Quality Control the regional board in(.] sh,01 be enforced by the city or couni.l. Ind have 13800. The department, after such studies and investigation pur- the same force and effeet as if adopted as a county or city ordinance. suant to Section 231 as it finds necessary, on determining that water (Amended by Stats. 1970, Ch. 918.) well and cathodic protection well construction, maintenance, abandon- 13806. Any action, report, or determination taken or adopted by a ment, and destruction standards are needed in an area to protect the regional board or any failure of a regional board to act pursuant to quality of water used or which may be used for any beneficial use, this article, or any county or city ordinance in the event of the failure shall so report to the appropriate: regional water quality control board of a regional board to review such ordinance pursuant to Section .13804, and to the State Department of Health. The report sliall contain such may be reviewed by file state board oil its own motion, and shall be recommended standards for water well find cathodic protection well reviewed by the state board oil the request of any fiffected count:y or construction, maintenance, abandonment, and destruction as, in the de- city, in the same manner as other action or inaction of tile regional partment's opinion, are necessary to protect the quality of any affected board is reviewed pursuant to Section 13320. The state board has the water. same powers as to the review of action or inaction of a regional board 13801. The regional board upon receipt of a report from the de- or of a county or city ordinance under this article as it his as to other partment shall hold a public hearing on the need to establish such well fiction or inaction of ft regional board under Section 13320, including standards for the area involved. The regional board may hold such n being vested wifli @all the powers granted a regional board under this public hearing with respect to any area regardless of whether a report article, with like force aDd effect if it finds that appropriate fiction has has been received from the department if it has information that such not been taken by a regional board. Any action of a regional board standard-, may be needed. under this article or any county or city ordinance affected by tile 13802. If the regional board finds that standards of water well and review of the state board shall have no force or effect during tile pe@iool cathodic protection well construction, maintenance, abandonment, and of the review by the state board. destruction are needed in any area to protect the quality of water (Amended Stats. 1969, Ch. 800.) used, or which may be used, for any beneficial use, it shall determine the area to be involved and so report to each affected county and CHAPTER 11. DisCHAR(Irs FiioAt HOUSEBOATS ON OR IN city in the area. The report shall also contain any well standards which THE WATERS OF THE STATE @ have been recommended by the department. 13900. The Legislature Ifinds ;and Iicreby declares that discharges 13803. Each such affected county and city shall, within 120 days from houseboats in or on the waters of the state constitute a signifi- of receipt of the report, adopt an ordinance establishing standards of cant source of waste as defined in Section 13050; that. discllal'Vs of water well find cathodic protection well construction, maintenance, waste from houseboats ill or oil the waters of the state may impair the abandonment, and destruction for the area designated by the regional beneficial uses of the -waters of tile state to tile detriment of tile health, board. Prior to adoption of such ordinance each affected county and city safety, and welfare of the people of the state; and diat the discharges s tire .,hall eonsult with all interested parties, including licensed well drili- of waste from houseboats are not adequately regiflated. The LeO hit ers. A copy of such ordinance shall be sent to tile regional board on its therefore dcelares that the people of the state have a primary interest adoption and the regional board shall transmit such ordinance to the in tile, coordination and implementation of the regulation of discharges department for its review and comments. of waste from houseboats oil or in the waters of the state. 13804. Suell county and city well standards shall take effect 60 _13901. As used in this article, "houseboat" means a watercraft or days from the date of their adoption by the county or city unless the industrial or commercial structure on or in the waters of tile state, regional board, on its own motion, or on the request of any affected person, holds a public hearing on the matter and determines that the 50 51 floating or -nonfloating, which is designed or fltted out as a place of action of a regional board under this chapter or any city,or county habitation and is not principally used for transportation. "Houseboat" ordinance affected by the review of the state board shall have no includes platforms, and waterbotne hotels and restaurants. "City force or effect during the period of the review by the state board. or, county" means any city, county, city and county, or port an- (Amended by Stats. 1969, Ch. 800.) thority. 13908. No provision in this chapter and no action thereunder by a 13902. Each regional board shall investigate its region to determine regional board or the state board is a limitation on the power of A areas in which discharges of waste from houseboats are inadequately city or county to adopt and enforce additional ordinances or regula- regulated by local ordinance, tions not in conflict therewith imposing further conditions. restric- .13903, Each regional board shall notify each affected city or county, tions, or limitations with respect to the discharges of waste from house- the State Department of Health and the Department of Navigation and boats. Ocean Development* of areas of inadequate regulation by ordin'llice CHAPTER 12. SPECIAL WATER QUALITY PROVISIONS of discharwes of wiste from houseboats and shall recommend provisions 13950. Notwithstanding any other provision of law, upon any dis- necessary to control the discharges of waste from houseboats into the trict in the waters. Lake.Tahoe Basin providing in any area of the district a 1,3904. Each such affected city or county shall within 120 days sewer system and treatment' facilities sufficient to handle and treat of receipt of the notice from the regional board, adopt an ordinance any resultant waste and transportation facilities sufficient to transport for control of discharges of waste from houseboats within the area for any resultant effluent outside the Lake Tahoe Basin, the further main- ard. A copy of such ordinance shall use of cesspools or other means of waste disposal in such which notice was given by the bo, tenance or area is a public nuisance and the.district shall require all buildings be, sent to the regional board on its adoption and the regional board 1 0 shall transmit such ordinance to the State board, the State Department from which waste is discharged to be connected with the sewer system C I c el 1 . within a period of not less than 90 days from the completion of such of Ilealth and the Department of Navigation and Oc a i D v 0 )ment. system and facilities. 13905. Such city or county ordinaneme shall take effect 60 days from the date of Adoption by the city or county. unless tile regional board (Added by Stats. 1969 Ch. 800.) L, holds a public hearing on the matter and determines that the cit .y or 13951. Notwithstanding Any other provision of law, on or after county ordinance is not sufficiently restrietive, to protect the quality of January 1, 1972, waste from within the Lake Tahoe watershed shall the waters affected. if the board makes such a determination, it shall be placed only into a sewer. system and treatment facilities sufficient so report to the affected city or county and also recommend the ordi- to handle and treat any such waste and 'transportation facilities sum- nance, or modifleation of the city or county ordinance, which it deter- cient to transport tiny resultant effluent outside the Lake Tahoe water- mines is necessary, shed, except that such waste may be placed in a holding tank which 13906. If a city or county fails to adopt an ordinance controlling is pumped and tr .ansported to such treatment and transportation facili- discharges of waste from houseboats within 120 days of receipt of the ties. regional board's notice pursuant to Section 13903, or fails to adopt As used in this section ' 'waste" shall not include solid waste refuse. or modify such ordinance in the manner determined as necessary by The further maintenance or use of cesspools, septic tanks, or other the regional boar(] pursuant to Section 13905, within 90 days of means of waste disposal in the Lake-Taboi: watershed on or after J'an- receipt of the regional board's notice, the regional board may adopt nary 1, 1972, by any personj except as permitted pursuant to this regulations necessary for the control of discharges of waste from house- section, is a public nuisance. The occupancy of any building from which boats for -the area designated. Such regional board regulations shall waste is discharged in violation of this section is A public nuisance, and take effect 30 days from the date of their adoption and shall be en- an action may be brought to enjoin any person from occupying any forced by the city or county and have the same force and effect as if such building. adopted as a city or county ordinance. This section shall. not be applicable to a particular area of the Lake 13907. Any action, report, determination, or regulation taken or Tahoe watershed whenever the regional board for the Lahontan region adopted by a regional board, or any failure of a regional board to act finds that the continued operation of septic tanks, cesspools, or other may be. reviewed by the state board, and shall be reviewed by the means of waste disposal in such area will not, individually or collec- state board on the request of any affeeted city or county. The state tively. directly or indirectly. Affect the quality of the waters of Lake board lias all powers as to the review of action or inaction of a regional Tahoe And that the sewerilig of such area would have a damaging effect board tinder this article as it has to other action or inaction of a upon the environment. regional board, including all powers granted to a regional board to This section shall not affect the applicability of Section 13950. initially determine areas in which discharges of waste from house- (Added by Stats. 1969, Ch. 1356.) boats are inadequately regulated by local ordinance and to adopt I ird flnds regulations when a city or county fails to do so, if the state bo, that appropriate action has not been taken by a regional board. Any This act [the Porter-Cologne Water Quality Control Actl is intended N%@t_eFornierly called State Department of Ilarbors and Watercraft. to implement the legislative recommendations of the final report of the 52 58 - Statf%ater Resources Control Board submitted to the 1969 Regular shall bear such rates of interest, or maximum rate-,. is may from time- -Session of the Legislature entitled "Recommended Changes in Water to time be fixed by the State Treasurer, with the approval of the com- m Quality Control," prepared by the Study Project-Water Quality Con- mittee, and the, maximum maturity of the bonds shall not exceed 50 troi Program. -cars ate of the bonds, or from the (late of each respective ,i . froni the. d, (Stats. 1969, Ch. 482, Sec. 36.) series. The maturity of each respective series -,hall be calculated from the (late of such series. CITAPTE'R 13. C1,EAN WATFR BoTND LAW OF 1970 13973. As itsed in this chapter, and for the purposes of this chapter as used in the State Ciencral Obligation Bond Law. the following words (Added by Stats@ 1,970. ('11. 508. subject to refereridjun. Approved by shall have the following meanings: vote at election be]d on November 3, 1970) (a) "Committee" means the Clean Water Finance Committee, cre- 13970. This chapter may be cited is the Clean Water Bond Law or 1970. ated by Section 13974. (b) "Board" means the State Water Resources Control Board. 13971. The Legislature hereby finds and declares that cleall water, (c) "Fund" means the State Clean Water Fund. which fosters the, h'ealth of the people. the, beauty of their environment, (d) "Municipality" shall hive the same meaning as in the Federal the expansion of industry and agriculture. the. enhancement of fsh and Water Pollution Control Act (33 U.S.C. 11.51 et seq.) and acts amend- wildlife, the improvem(nit of rec@reational facilities an(] the provision of atory thereof or supplementary thereto and shall also include the state pure drinkinl- water at a reasonable cost, is all essential public need. or any agency or department thereof, Although the, State of California is endowed with abmidant lakvs mid, (c) "Treatment works" shali have Vhe same meaning is in the Ponds, streams and.rivers. and hundreds of miles of shoreline, is well Federal Water Pollution Control Act (33 li.S.C. 1151 et. seq.) and acts as large quantities of underground water, these vast water resources amendatory thereof or supplementary thereto. are threaten(@d by pollution, which, if not checked, will inipede the (f) "Construction" shall have the same meaning as in the Federal state's economic. community and social growth. The chief cause of Water Pollution Control Act (33 U.S.C. 1151 et. se(I.) and acts amenda- Pollution is the discharge of inadequately treated waste Ile -1 p 9 . into t w( t r, tory thereof or supplementary thereto. of the state. Many public agencies llave not met the demands for ade- (g) "Eligible project" means a project for the construction of treat- quate waste treatment or the control of water pollution because of ment works which is all of the following: inadequate financial resources and other responsibilities, Increasing (1) Eligible for federal assistance, whether or not federal funds are Population accompanied by accelerati:n- urbanization. ri-owinc, demands then available therefor; for water of high quality, rising eoms of coilstrilet,ioll and technological (2) Necessary to prevent water pollution; changes mean that unless the st'ate acts now the, needs may soar beyond (3) Certified by the board as entitled to priority over other treat- the means available for public finance. Meeting these needs is a proper ment works, and which complies with applicable water quality stand- purpose of the federal..state and local governnients. Local agencies, by, ards, policies and plans. reason of their closeness to the problem, should continue to have primary (h) "Federal assistance" means funds available to a municipalih responsibility for construction, operation and maintenance of the ficil- either directly or through allocation by the state, from the federal ities necessary to cleanse our waters. 'Since water pollution knows no government as grants for construction of treatment works, pursuant political boundaries and since the cost of eliminating the existing back-' to Section 8 of the Federal Water Pollution Control Act, and acts log of needed'facilitics and of providing additional iacilitics for future amendatory thereof. needs will be beyond the ability of local agencies to pay, the state, to 13974. The Clean Water Finance' Committee is hereby created. Th" meet its responsibility to protect and promote the heafth, safety and committee shall consist of the IGovernor or his designated representa- welfare of the inhablitants.of the state, should assist if] the financing. tive, the State Controller, the State Treisureri the Director of Finance, The federal government is contributinfy to the cost of control of water n and the chairman of the board; The executive offleer of the board shall pollution, and just provision should be made to cooperate with the serve as a member of the committee in the absence of the chairman. United States of America. It is the intent of this chapter to provide Said committee shall"be the "committee" a-, that term is used in the necessary funds to insure the full participation by the state mider the State General Obligation Bond Law. provisions of Section 8 of the Federal Water Pollution Control Act 13975. The committee is hereby authorized ond empowered to create (33 U.S.C. 466 et seq.) and acts amendatory thereof. or supplementary a debt or debts, liability or liabilities, of the State of California, in tho thereto. aggregate amount of two hundred fifty million dollars ($250.000,0001. 13972. The State General Obligation Bond Law is adopted for the in thc`manner provided in this chapter. Suth dvk)l or ilvhts, hability ()r purpose of the issuance, sale, and repayment of, in(] otherwise pro- liabilities, shall be created for the purpose of providing the ftind to) bo@ vidiiw with respect to, the bonds authorized to be issued by this chapter, used for the object and work specified in Section 1.3976. mid,the provisions of that law are -in .cluded in this chapter as though 13976. (a) The moneys in the fund shall be used for tbe purposes set out in full in this chapter except.tliat notwithstanding an.ythim, ill set forth in this section. the State General Obligation Bond Law, the bonds authorized hereunder 55 -,54- 9deposited (b) The board is authorized to enter into contracts with municipali- (e) Not more than one-half 9f .1 percent of tht' -ed in ad- iies having authority to construct, operate and maintain treatment in the fund may be expended by the board for eo0s works, for grants to such municipalities to aid in the construction of ministering the provisicois of this chapter, P se eligible projects, and for reclamation of water. (f) As much of the in oneys in the fund as is neei,-At@ shall b u d Grants may be made pursuant to this section to reimburse muniei- to reimbure the General 0 .bligation Bond Expensi, Fund palities for construction for which contracts were let subsequent to pursuant to Section 16724.5 of the Government Coili, July 1, 1970, and before the first sale of bonds authorized to be issued (g) The board may with the.approval of the vt)lIIllofvo transfer not by this chapter. more than ten. million dollars ($10,000,000) from 1he 01MI to a special Any contract pursuant to this section may include such provisions as reserve fund as additional security for t6 payine"i of (Ile, principal may be agreed upon by the parties thereto, and any such contract con- of and the interest on revenue.bonds sold by thesj;oo as provided by cerning an eligible project shall in substance, the following law to provide funds to municipalities for needed facilities. provisions: Such money shall be used for such purpose onl.i :in,,,,. all other secu- (1) An estimate of the reasonable cost of the eligible project; rities provided by law have been exhausted. Any moloi@ itot used for (2) An airreement by the board to pay to the municipality, during such purpose shall, after retirement of the reVenue 11"Ilits, be returned the progress of construction or following completion of construction to the fund and be available for other purposes for ill this as may be agreed upon by the parties, an amount which equals at least section. ing the milk- 124 percent of the eligible project cost determined pursuant to federal (h) The board may adopt rules and regulalions vol-r-11A and state laws, and regulations. Notwithstanding the provisions of any ing and enforcing of contract-, pursuant to this geMilo -It, been duly sold existing agreements entered into pursuant to this subdivision, the board 13977. All bonds herein authorized, which shall 1111% shall pay to the municipality under any contract entered into pursuant and delivered as hereiii provided, shall constitut(, @.tjlid and legally to this subdivision for a project for 'which the federal grant offer was binding general obligations of the State of coirot-ion, and tile fuil made on or after October 18, 1972, an amount which equals 121 percent faith and credit of the State, of California is hereb '%. VItIlged for the of the eligible project cost determined pursuant to federal and state punctual payment of both principal. and interest thl'I'Min. law and regulations; There shall be collected annually in the same maimpr "I'd at the same (3) An agreement by the municipality, (i) to proceed expeditiously time as other state revenue is collected such a sum; it, jiddilion to the with, and complete, the eligible project, (ii) to commence operation of ordinary revenues of the state, as shall be required Is, 1,".y the principal the treatment works on completion thereof, and to properly operate and interest on said bonds as herein, provided, and H. 11' hereby made and maintain such works in accordance with applicable provisions of the duty of all officers charged by law with any (111ty 1ij regard to the law, (iii) to apply for and make reasonable efforts to secure federal collection of said revenue, to do and,perforin each 11FI(l tvery act which assistance for Ithe eligible project, (iv) to secure the approval of the shall be necessary to eollect said additional sum. ed f rom. pre- board before applying for federal assistance in order to maximize the All money deposited in the fund which has been dpfiv amounts of such assistance received or to be received for all eligible mium and accrued interest oil bonds sold shall be nvoil0ble for transfer projects in the state, and (v) to provide for payment of the munici- to the General Fund as a credit to expenditures for interest. pality's share of the cost of the eligible project. 13978. All money deposited in the, fund pumim n t t.,) any provision (e) The board may make direct grants to any municipality or by of law requiring repayments to, the state for 1148iRtn TIP-t 1j"aneed by the contract or otherwise undertake plans, surveys, research-, development proceeds of the bonds -authorized by this chapter AAII 0)(' available for and studies necessary, convenient or desirable to the effectuation of transfer to the General Fund. When transferred to fhA C)Ieneral Fund the purposes and powers of the board pursuant to this division and to such money shall be applied as a reimbursement tc) f@,w (;eneral Fund prepare recommendations with regard thereto, including the prepara- on account of principal and i.nterest. on the.bonds has been paid tion of comprehensive statewide or areawide studies and reports oil from the General Fund. Fund in the the collection, treatment and disposal of waste under a comprehensive 13979. There is @ereby appropriated from tile 01-rot'"ll ainount as will cooperative plan. State Treasury for the purpose of this chapter sueh ;4 The aggregate amount of moneys which may be advanced or granted equal the following: to or committed to municipalities .for the purpose of planning, research (a) Such sum annually as will be neeemary to r),4.7.1 .hv principal of and development, whether by the board or under the direction of the and the interest on the bonds issued and sold pijr.@4iilu,.O t.) the provi- board or in the form of direct grants, to municipalities for such pur- sions of this chapter, as said principal and inter@,@d' due, and pose, shall not exceed in the aggregate. .such amount as may be fixed payable. .ut. the, of Seetion from time to time by the committee. (b) Such sum as is necessary to carry o vears. I (d) The board may from time to time with the approval of the 13980, which sum is appropriated without regard to 110-1 -f this efiap- committee transfer moneys in the fund to the State Water Quality 13980. For the purpose of carrying out the Control Fund to be available for loans to public agencies pursuant to ter, the Director of Finance may by executive ituthorize tile withdrawal from tile General Fund of an amolunt. 'lot to Chapter 6 (commencing with Section 13400) of this division. 56 -57- eXcle'the amount of the unsold bonds which the committee has by reason of their closeness to the problem, should colitinue to have pri- resolution authorized to be sold for the purpose of carrying cut this mary responsibility for conMrlivtion, operation 111(1 maintenance of the chaptcr. Any amounts withdrawn shall be deposited in lie fund and facilities necessary to cleanse our waters. Since water pollution kiiows, the existin- shall be atilur -disbursed bN the board in accordance with this chapter. Any no political boundaries and silwe tile cost of elimill, I,,, 1&litional facilities for moneys made available under this section to the board shall be returned backlog of needed facilities wid of providi , future needs will be beyond the ability of local agelicic, by tile board to the General Fund 'from nioneys received from the sale , to pay, tile state. oi bonds sold for the purpose of carrying out this chapter, mote tile health, safety and to meet its responsibility to protect and pro financing 13981. Upon request of the board, supported by a st@atenient of the welfare of the inhabitants of tile state, should assist ill tile 1. proposed arrangements to be made pursuant to Section 13976 for the Tile, federal goveriinient is contributin- to the. cost of control of water purposes therein stated, the committee shall determine whether or not pollution, all(] just provision should @e inade. to cooperate with the it is necessary or desirable to issue any bonds authorized under this United States of America. It is tile intent of this chapter to provide chapter in order to make such arrangements, and, if so, the amount of necessary funds to iiisure the full participatiou by the state linder the bonds then to be issued and sold.; Successive issues of bonds may be au- provisions of Title 11 of the Federal Water Pollution Colitrol Act (33 thorized and sold to make such arrangementsprogressively, and it shall U.S.C. 1251 et seq.) and acts amendatory thereof or supplementary not be necessary that all of the.boinds hercin authorized to be issued thereto. shall be sold at any one time. 13987. The State General Obligation Bond Law is adopted for the 13982. The committee may authorize the State Treasurer to sell purpose of tile issuance, sale, and repayment of, and otherwise provid- all or any part of the bonds berein authorized at such time or times as ing with respect to. the bonds authorized to he issued by this chapter, may be fixed by the State Treasurer. and the provisions of that law are, included in this chapter as thoin."ll 13983. All proceeds from the sale of bonds, except those derived lig allythifig ill set out in full in this chapter except that notwithstandi from premiums and accrued interest, shall be available for the purpose the State General Obligation Bond Law, the bonds authorized fiereunder provided in Section' 13976, but shall not be available for transfer to the shall bear such rates of interest, or maximum rates, as may from time General Fund to pay principal and interest oil bonds. The money in to time be fixed by the State Treasurer, with the approval of tile com- the fund may be expended only a@ herein provided. inittee, and the maximurn maturity of the bonds. shall not exceed 50 years from the date of the bon4si or from tile. date of each respective CHAPTER 14. CLEAN WATER BOND LAW OF 1974 series. The maturity of cacti respective series shall be Calculated from the date of such series. Article 1. Short Title, Legislative Declarations, and General 13988. As used in this chapter, and for the purposes of this chapter Definitions ollowing words as used in the State General Obliffatioii Bond Law, tile f 13985. This chapter may be cited as the Clean Water Bond Law shall have the following meaning,,: of 1974. (a) "Committee" means the Clean Water Finance Committee, 13986. The Legislature hereby finds and declares, that clean water. created by Section .13989. es C ntrol Board. which fosters the health of the people, the, beauty of their environment, (b) "Board" means tile, State Water Resoure 0 the expansioii of industry and agriculture, the enhancement of fish and (c) "Fund" means the State Clean Water Fund. it, tile Federal wildlife, the improvement of recreational facilities and the provision of (d) ,Municipality" shall have the same nkeaning as d acts anienda- pure drinking water at a reasonable cost, is in essentini public ileed. Water Pollution Control Act (33 U.S.C. 1251 et seq.) an Although the State of California is endowed with abundant ]likes and tory thereof or supplementary thereto and shall also include the state ponds, streams. and rivers, and hilildreds of miles, of shoreline, as *ell or any agency or department thereof. in tile as large quantities of underground water. these vast water resources (e g ,) "Treatment works" shall have the sainc meaning a, are threatened by pollution which,"if not checked, will impede the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and acts state's economic', community and social growth. The chief cause of pol- amendatory thereof or supplementary thereto- aning as in the Federal lution is the discharge of inadequately treated waste into the waters of (f) "Constructiot)" shall have the same me, the. state. Many public agencies have not met the demands for adequate Water Pollution Control Act (33 U.S.C. 1251 et seq.) and acts, anielida- waste treatment or the control of water pollutiou because of inadequate tory thereof or supplementary thereto. ucti IOil of treat- fimincial resources and other responsibilities. Increasing population (g) "Eligible project" means a project forthe constr accompanied by accelerating urbanization, growing del @ ds for water nan ment works which is aIt of tile following: of high quality, rising costs of construction and technological changes ther or not federal fluids are n (1) Eligible, for federal assistance., whe mean that unless the state acts now the need,,, may soar beyond the then available therefor; means available for public finance. Meeting these need.-, is a proper (2) Necessary to prevent water pollution; her treat- purpose of the federal, state and local governments. Local agencies, by (3) Certified by the board as entitled to priority over ot qualily stand- Approved hY voters, June 4. V74 Primary Election melit Works, and which col"Plie, wi Ili applicable water ards, policies and plans@ _58- 59- 0 are recommendations with regard thereto, lncludin.@_, flw @'I*atioll (it) "Federal assistance" means funds available to a inunicipalit'. p either directly or tI.rough allocation by tile state, from the federal go@- of coin preliensive statewide or areawide studies and repor:,,@ on tile col- ernment as grants for construction of treatment works, pursuant to lection, treatment and disposal of waste wider a comprellonsive co- Title 11 of the Federal Water Pollution Control Act, and ams amenda- operative plan. The aggregate amount of moneys which may be advanced or aranted tory thereof. alming. rese, rch to or committed to municipalitiesfor the purpose of pl. 13989. The Clean Water Finance Committee is herebv ereated. The tile diret-14,11 of tile and development, whether by the board or under committee shall consist of the Governor or his designated representative, board or in the form of direct grants to municipalities, for suCh plir- the State Controller, the State Treasurer, the Director of Finance, and pose, shall not exceed in the aggregate such amount :18 nw.N. be fixed the chairman of tile board. The executive officer of the board shall serve from time to time by the committee-. as a member of the committee in the absence of tile chairman. Said (d) The board may from time to time with the appirm-al of tile corn- committee shall be the "cominittee" as that term is used in the State ittee transfer moneys in the fund to the State Witter Quality Control General Obligation Bond Law. in tit to Chapter Fund to be available for loans to public agencies pur-ma 13990. The committee is hereby authorized and empowered to create 6 (commencing with Section 13400) of this division. a debt or debts, liability or liabilities, of the State of California., in the (e) Not more than one-half of one percent of the nioticys deposited aggregate amount of two hundred fifty million dollars ($250,000,000), in the fund may be expended by ithe board for costs ineurred in admin- in the manner provided in this chapter. Such debt or debts. liability or istering tile provisions of this cliapter. liabilities, shall be created for the purpose of providing the fund to be (f) As much of the moneys in the fund as is necessary shall be used used for the object and work specified in Section 13991. to reimburse the General Obligation Bond Expense ReN,olving Fund 13991. (a) The moneys in the fund shall be used for the purposes pursuant to Section 16724.5 of the Government Code. se It forth in this section. (g) The board may adopt rules and regulations governing the (b) The board is authorized to.enter into contracts With nallil)cipali- ties having authority to construct. operate and maintain treatment making and enforcing of contracts pursuant; to this seetioll. works, for grants to such municipa Ilities to aid in the construction of 13992. All bonds herein authorized, Which shall ha%-e been duly 9old and delivered as herein provided, shall constitute valid and eligible projects, and for reclamation of water. -iiiii, and the Grants may be made pursuant to this section to reimburse Luunicipali- legally binding general obligations of the State of califoi full faith and credit,of the State @of California is hereby pledged for ties for construction for which contracts were let subsequen- -o July 1, the punctual payment of both principal and interest thereon. 1970, and before the first sale of bonds authorized to be, issued by this chapter. There, shall be collected annually in the same. inaliner and at the Any contract pursuant to this section may include sueh provisions same time as other state revenue is collected such 11 4nni, in addition as may be agreed upon by the par Ities thereto, and any suoh contract to the ordinary revenues of the sWej as shall be re(ptired to pay the .concerning an eligible project shall include, in substance,.the following principal and interest on said bonds as herein provided, and it is provisions, hereby made the duty of all officers charged 'by law with tiny duty (1) An estimate of the reasonable cost of the eligible proj@,.t in regard to the collection of said revehuc, to do and perform each (2) An agreement by the board to pay to the munieipal'-@@'. during and every act which shall be,n.ecessafy to collect said additional slim. the progress of construction or following completion of e--nstruction All money deposited in the fund which has been &!rived from pre- as may be agreed upon by the parties, an amount which equal.s at least mium and accrued interest on bonds sold shall be availfible for transfer 121 percent of the eligible project cost determined pursuaw. -,o federal to tile General Fund as a credit to. expenditures for botid interest., . 13993. All money deposited in the fund purstiant, to any provision and state laws. and regulations; (3) An agreement by the municipality, (i) to proceed exi-dillously of law requiring repayments to the state for assist-11111-f! financed by with, and complete, the eligible project, (ii) to commence uDeration of the proceeds of the bonds authorized by this chapter shall he available the treatment works on completion thereof, And to prop-:r .@y operate for transfer to the General Fund. When transferred it) the General and maintain such works in accordance with applicable pr,_-,visions of Fund such money shall be applied as a reimbursornetit. to tile General law, (iii) to apply for and make reasonable efforts to sec-a-re federal Fund on account of principal and 'interest on the J;olldti which has assistance for the eligible project, (iv) to secure the hppr,--Ival of the been paid from the General Fund. board before applying for federal assistance in order to maximize the 13994. There is hereby appropriated from the Fund in amounts of such assistance received or to be received for a.111 eligible the State Treasury for the purpose of this chapter ow), all amount as projects in the statei and (v) to provide for payment of munici- will equal the following: pality's share of the cost of the Ieligible project. (a). Such sum annually as will be necessary to pay III" principal of (c) The board may make direct grants to any municipality by con- and the interest oil the bonds issued and sold purmant. t') tit(! provi- ue and tract or otherwise undertake plans, surveys, research., devet',:.pment and sions of this chapter, as said principal and interest. be-vottle (I studies necessary, convenient or desirable to tile effeetu1-.,-:,:n of the paydble. purposes and powers of the board pursuant to this division 1--nd to pre- _60- (b) "itich slim as is necessary to carry out the provisions of Section DIVISION 7.5. TRANSPORTATION ANT) DISPOSAL 1,3995, which sum is appropriated without regard to fiscal years. OF WASTE 13995. For the purpose of carrying o7ut the provisions of this (Added by Stats. 1970, Ch. 902) chapter, the Director of Finance may by executive order authorize tile withdrawal from the General Fund of all amount or amounts not to CHAPTER 1. LiQuiD WASTE HAULERS exceed the amount of the unsold bonds 'which the committee has by resolution authorized to be sold for tile purpose of carrying out this Article 1. Declaration of Policy and Definitions chapter. Any amounts withdrawn shall be deposited in the fund and 14000. The state board and regional boards in carrying out the pro- shall be disbursed by the board in accordance with this chapter. Any visions of this chapter shall be guided by the policy of Chapter 1 (coin- moneys made available under this section to the board shall be mencing with Section 13000) of Division 7. ret.urned by the board to tire General Fund from nioneys received from 14001. Unless context otherwise requires the. definitions set forth the sale of bonds sold for the purpose of carrying out this chapter. in Chapter 2 (commencing with Section 13050) of Division 7 and this 13996. Upon request of the board, supported by a statement. of article govern the construction of this chapter. the proposed arrangements to be made pursuant to Section 13991 for 14002. "Liquid waste" includes arty solid or gaseous substances the purpo,,es therein stated, the committee shall determine whether contained in such waste from any producing, manufacturing, or Pro(,,- or not it is necessary or desirable to issue any bonds authorized under essing operation of whatever nature, this chapter in order to make such arrangements, and, if so, the amount . "Liquid waste". does not include sewage, fertilizerl or any radio- of bonds then to be issued and sold. Successive issues of bonds may be active material that is subject to the provisions of Chapter 7.3 (com- authorized and sold to make such arrangements progressively, and it mencing with Section 25650) of Division 20 of the Heal .th and Safety shall not be necessary that all of the bonds herein authorized to be Code. issued shall be sold at any one time. Article 2. Registration 13997. The committee may authorize the State Treasurer to sell all or any part of the bonds hercili authorized at such time or times as 14020. (a) It is unlawful for any person to carry on, or engage in, the business of hauling liquid waste, or the hauling of liquid waste as may be fixed by the State Treasurer. 13998. All proceeds from the sale of bonds, except those derived a part of, or incidental to, any business, unless he I h.oldg an unrevoked from premiums and accrued interest, shall be available for the purpose registration issued by the state board. provided in Section 13991 but shall not be available for transfer to the The hauling of liquid waste, as used in this chapter, does not include General Fund to pay principal and interest oil bonds. The money in hauling or carriage on water by any watercraft. the fund may be expended only as herein provided. (b) The provisions of this chapter may be waived by the state board e 8 9, the liquid waste of which as to any business, or any typ of bu ines, the state board finds to be insignificant or unimportant as a contributor ard finds that to water pollution or contamination or whet] the state bo, the business is adequately regulated by another governmental agency. Any waiver under this subdivision shall be conditional and may be terminated at any time. 14021. - An application for registration under this chapter shall be filed -with the state board. The application shall state the name in full, h of tile partners, the relation of the if a partnership then names of eae _3 and place applicant to the firm or partnership, the place of busines of residence of the applicant for registration and of each of tile part cifi- ners in the business, if a partnership, and shall designate, as spe proposed to cally as practical, the areas and locations where it is dispose of any liquid waste and the regional water quality control board or boards in whose region or regions such areas are located. The application shall be signed by the authorized officer of a corporation, h if a corporation, or by the managing partner, if a partner," ip. 14022. Registration shall be subject to such terms, conditions orders, and directions as the state board or its duly authorized repre sentative may at any time deem necessary for the protection of the quality of the waters of the state. %required to act upon each application 14023. The state board i, within 30 days of the date of filing of such application -62- -63- nly for the unexpired portion of the i te, 10. Registration shall beo* inj unction, or combination thereof, its may be appropr a p calendar year in which registration is issued, and at the end of the forthwith any person who is violating or threatening to violate tln.y calendar year all registrations shall expire, subject to automatic re- provision of this chapter from continuing such violation or threatened newal upon payment of the required fees pursuant to Section 14026. violation, or fron, in any way hauling or disposing of liquid waste at The payment of such fees for renewal of registration shall be made any location or in any manner which is not in accordance with. the between the first day of January and the first day of February of each provisions of this chapter. year. 14025. A change of address of any registrant including a member Article 5. Penalties of a partner�bip which is registered'and of the place of business thereof 14080. Any person who violates any provision of Section 14041, shall be reported in writing by registered mail by the registrant within 14042, or 14043 is guilty of a misdemeanor. 10 days after such change of address. 14026. (a) A registration fce,,of ten dollars ($10) shall.be paid to Article 6, 'Exemptions: the state board by each person who carries on, or engages in, the busi- ness of hauling liquid waste or who handles liquid waste as a part of, 14100. Nothing in this chapter shall be construed to limit the or incidental to, any business, for a calendar year or any portion power of any city, county, or city and county to adopt and enforce thereof. equal or higher standards in connection with hauling and disposal of (b) Such person shall also pay to the state board fifteen dollars liquid waste wholly within the boundaries of any city, county, or city ($15) for the first vehicle used for the transportation of liquid waste, and county. ten dollars ($10) per vehicle for the second through sixth vehicle, and five dollars ($5) per vehicle for the seventh and any other vehicle, for a calendar year, or a prorated amount thereof for the unexpired portion of a calendar year. (c) The fees prescribed in subdivisions (a) and (b) shall be payable each year not later than the first day of February or within 30 days after commencing the use of any vehicle to baul liquid waste, which- ever occurs later, for administering the provisions of this chapter. Article 3. Disposing of Liquid Waste 14040. Each regional board shall approve sites suitable for the disposal of different kinds of liquid wastes, consistent with the classi- fications that shall be adopted by the state board, and may adopt regulations for disposal of liquid waste at such approved sites that it deems are necessary for the protection of the quality of the waters of the state. 14041. The hauler of liquid waste shall dispose of liquid waste in accordance with the regulations adopted by the regional board and on a site approved by the regional board and shall dispose of only such' type of liquid waste as was designated for the particular site. 14042. No liquid waste shall be discharged into a community sewer system by a liquid waste hauler without a prior written approval of the operator of such system or his agent. Such approval shall state the authorized hours and place of discharge and type of liquid waste which may be discharged into the community sewer system. 14043. Each person who produces liquid waste which is to be hauled in a vehicle prior to being discharged shall consign or deliver such waste only to a registered liquid waste hauler. Article 4. Enforcement 14060. The Attorney General, at the request of a regional board or the state board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent 64 65 erable in a civil action by, and paid to, such governmental more than one such agency has responsibility for the waters in question, OTHER LEGISLATION RELATED TO ARICY. If WATER QUALITY CONTROL the agency which conducts the cleaning or abating activities shall be Government Code: theagencyautborized to proceed tinder this section. OIL SPILLS (Added by Stats. 1968, c. 1250. Amended by Stats. 197.1, c. 438.) �. 152. 8574-1. In addition to any other authority conferred upon the The agency CleauiDg Up the Oil deposit shall notify, in writing, the Governor by this chapter, the Governor may establish a state oil spill appropriate regional water quality control board of the nature of contingency plan pursuant to the provisions of this article. the deposit and of the corrective action taken or contemplate(]. 8574-2. Any plan established pursuant to this article shall provide (Added by Stats. 1.968, c. 1259.) for an integrated and effective state procedure to combat the results of major oil spills within the state..Such plan shall provide for specifled Health and Safety Code: state agencies to implement the plan. POLLUTION CONTRoi, FINANCING 8574.3. State agencies granted authority to implement a plan Sections 39600-39643-The California Pollution Control Financing adopted under this article shall have the authority to use volunteer workers. Such volunteers shall be deemed employees of the state for Authority Act creates a new authority to assist industry in financing the purpose of workmen's compensation under Article 2 (commencing pollution control devices, equipment and facilities. with Section 3350) of Chapter 2 of Part I of Division 4 of the Labor HAZARDOUS WASTE Code. Any payments for workmen's compensation under this section Sections 25100-25185-Directs the State Department of Public shall be made from the account specified in Section 8574.4. Health to adopt new regulation-, for the handling, processing and dis- 8574.4. State agencies designated to implement the contingency posal of hazardous wastes. plan shall account for all state expenditures made under the plan with respect to each oil spill. Expenditures accounted for under this section Public Resources Code: shall be paid for from the State Water Pollution Cleanup and Abate- E NVIRONAIENTAL QUALITY ment Account of the State Water Quality Control Fund provided for Sections 21.060-21.174-Defines terms as used in the Environmental in Article 3 (commencing with Section 13440) of Chapter 6 of Division 7 of the Water Code. If the party responsible for the spill is identified, Quality Act of 1970 to clarify existing law, particularly the require- that party shall be liable for the expenditures accounted for -under this ment for state agencies to prepare environmental impact. statements. section, in addition to any other liability which may be provided for by PROPOSITION 20, THE COASTAL ZONE INITIATIVE law, in an action brought by the Attorney General. The proceeds from (Approved by the Voters of California Nov. 7, 1972) any such action shall be paid into the State Water Pollution Cleanup PER and Abatement Account of the State Water Quality Control Fund. MITS AND PLANNING (Added by Stats. 1972, Ch. 1325.) Sections 27000-27650-Creates a State Coastal Zone, Conservation Commission and six regional commissions, each to hold first meetings SOLID WASTE BOARD by early February, 1973. Any deveiopment, (very broadly defined) Sections 66700-66750-The Nej edly-Z'berg-D ills Solid Waste Man- within 1000 yards of mean high tide line requires an interim commis- agement and Resource Recovery Act of 1972 sets up a new State Solid sion permit consistent with reservation of re'ereation and wildlife pre- Waste Management Board in the Resources Agency to begin not later serves, structures that will minimize adverse effect to scenic resources than May 1973. or from floods or siltation. As a rule, residential repairs of less than Harbors and Navigation Code: $7,500 exempt. Pipelines to discharge Portei -Cologne regnilated wastes will be subject to interim permit requirements. The California Coastal OIL DEPOSITS Zone Conservation Plan, applicable to nearly all of the coastal water- � 151. shed, shall be adopted by December.1, 1975. The act terminates after Except where permitted pursuant to the provisions of Chapter 4 1976. (commencing with Section 13200) of Division 7 of the Water Code, any person that intentially or negligently causes or permits any oil to be deposited in the water of this state, including but not limited to navigable waters, shall be liable civilly in an amount not exceeding six thousand dollars ($6,000) and, in addition, shall be liable to any governmental agency charged with the responsibility for cleanin0l up or abating any such oil for all actual damages, in addition to the reasonable costs actuallv incurred in abatiDa or cleaning up the oil deposit in such waters. The amount of the civil penalty which is assessed pursuant to this section shall be based upon the amount of discharge and the likelihood of permanent injury and shall be recov- 67 - 68 INDEX Complain ts---con ti a ued Federal financial .11%Sio for treat- Waste discharges, unauthorized new ment facilities. qec. 13600 et seq. or material changes inj See. Federal Water Pollution Control Act The Porter-Cologne Water Quality Control Act 13265. permit program. compliance witii, and Water wells nnd cathodic wells, S ec.. Sees. 13370-1338*. Related Legislation 13754: Fees, Computers, information storage and re- Chemicals to clean or diqburse oil trieval program, See. 13166. slicks, gee. 13169. WATER QUALITY California Pollution Control Financing Construction loans, locAl agencies, See. Liquid waste haulers, registrittion, Actions and civil proceedings, Authority Act. See Related Legis- 13410 et seq. Sees. 14026. 14027. Abatement of pollution or nuisane 'e' lation, page 60. Contracts. Waste disclinrge reports. 'Scc. 13260. after issuance of clean up order, Cathodic, protection wells, See. 13700 Loans to local ngencies, See. 18412.. Funds, Sec. 13304. et seq. Elections, Sees. 134M, 13417. Politilion cleanup and abatement ne- Abatement of pollution or nuisance Cease and desist orders, See. 13301. Regionn) boards, See. 13304. count, See. 13440 et seq. from nonoperatiDg industry, See. Administrative review, See. 13320. Court review of state board orders, See. Regional board expenses, See. 13168. 13305. 1. Assistance by regional board, Sic. =330. . . Wnter quality control fund, See. 13400 Attorney General, action to enjoin-@ 13301.1. Court stay of cease and desist, orders, et seq. pollution or nuisance, See. 13002 Civil penalties for violating, 'See. I See. 13331. Civil penalties for violation of orders 13350. Crimes and offenses, Grants. for wnste trentment facilities, See. 13350. Court enforcement of, Sec. 13331. Civil penalties are in addition to, Sec. Federal Water Pollution Control Act, Court review, See. 133W. Court review of state board order 13350. See. 13600 et seq. Crimes. See Crimes and Offenses. concerning, See. 13330. Discharges of pollutants to navigable State Clean Wnter Bond Law of 1970, Ground water. pumping, prevention, Effective upon issuance, See. 13303. waters, See. 13387. gee. 13970 et seq. I Sees. 2100, 2101. Notice and bearings, Sees. 13301, Liquid waste haulers, violation .a, Sec. Ground water investigations by Dept. Injunctions. See Injunctions. 13302. 14080. of Water Resources involving water Joinder of actions, See. 13361. Restriction or prohibition of waste Reclaimed water, report@ failure to quality, Sees. 230, 231. Summary judicial abatement, See.,, added to community sewer system furnish, See. 13522.6. 13340. violating requirements, See. Reclaimed water use, unauthorized-, Hazardous waste. See Reltited Legisla- T afer of cause of action, public, 13301. Sees. 13525.5, 13520. tion, page 61. (T. ney as party, See. 13361. Cross-reference: See Sec. 13243, for Technical or monitoring report, re- Hearings, age Adjudication to protect ground water' restrictions imposed in water fusal to furnish, Sec@ 13268. Cease and desist orders, See. 13301. quality, See. 2100 et seq. lity control plans or in qua Definitions, liquid waste haulers, See.a. Hearing panels, See. 13302. Administrative review by state board, waste discharge requirements. Ground wnter pumping, See, 2101. Liquid waste, transportation and dia- Time schedifles, See. 13301. 14001, 14002. 13050. Houseboats, discharges from, See. posal, See. 13320. Central coast region, See. 13200. Definitions, permit program in compli- 13905. Regional board action or inaction, Central valley region, See. 13200, ance, with Federal Water Pollution Pollution or nuisance from non-oper- Control Act, Sec. 13373. , Sec.13320. Certification fee schedule, See. 13100.1. kiting industry er business, See. Stay or regional board order, Sec. Certification of conformance with water Definitions, Porter-Cologne Act,, See. 13305. 1 13321. quality standards, See. 13160. . . 1 13050. 1'I - State board stay of regional board Waste collection, treatment and dia- -Certification under Section 169 of the Beneficial uses, citizen or domiciliary,,, @ order, Sec..13321- posal project applying for federal Internal Revenue Code of 1954, contamination, nuisance, person Stnte policy for water quality control, aid, See. 13604. Sec. 13160. (also See. 19), pollution, quality See. 13147. Aggrieved persons, petition to water re- Cesspools, Lake Tahoe Basin, gee. of the water, reclaimed water, Waste discharge requirements, See. sources control board, See. 13320. 13950. regional boardi state board, waste, 13203. Discharges - to unvignble Amalysis of water reports, See. 13225. Change in method of discharging waste, water quality control, water qual- waters, Sec. =378. . Grievances, review of regional board's See. 13264. ity control plan, water quality: Water quality control plans, regionni, action or failure to act, See. 13320. Chemicals, use in cleanup activities, oil objectives. by regional boards, See. 13244. Applications to appropriate -water water or petroleum, See. 13169 et seq. Effluent limitations for discharges to Wnter qunlity control plans for wat- quality considerations, Sees. @242.5, Civil penalties, See. 13350. navigable waters, See. 13379. 1 ers subject to federal F;tnndnr(Ir,, 1243, 1243.5, 1257, 1258, Cleanup activities, oil or petroleum, Elections, loans to local agency, Sees. by stnte board, See. 13170. Arrests, violation of regulations re use use of chemicals, See. 13167 et seq. 13416, 13417. Water well standards to protect water of chemicals to clean up oil suillo, Cleanup and abatement account, See. Emergencies, quality, See. 13801. See. 13169. 13440 et seq. Injunction, See. 13340. Houseboats, discharges from, See. 139M Cleanup order, See. 13304. Inspection of facilities, waste dis-. et seq. Assistance by regional boards to persons Clean Water Bond. Law of 1970, See. violating cease and desist orders, 13970 et seq. charge, See. 13267. See. 13301.1. Clean Water Bond Law of 1974, See. Environmental impnet statements. See In formation, storage nnd retrieval Pro- Attorney General, civil actions to be 19385 et seq. Related Legislation, page 61. Not gram, See, 13166. brought by, See. 13301. Coastal Zone Initiative. See Related applicable to certain discharges to. Injunctions, navigable waters, See; 13389., Cease, and . desist orders, to comply Legislation, page 01. Exemptions, with, See. 13331. Board membership, state and regional Colorado River basin region, See. 18200. Liquid waste, transportatio Cle'an.1p or alinteinent order, See. boards, See. 18M. Complaints, petition to review regional n andills- board's action or failure to act, Expenses and expen iring specific co-Pli- Budgets, regional boards to submit an. posal, See. 14020. 13304. nual budgets to state board, gee. ditures, Abatement Court order requ See. 13320. of polliltion or nuistince, Seci 13-104. slice Measures. '4PC- 13-360- 13168. -Waste discharge report@ failure to Building permits, reports, See. 13206.._ furnish, gee. 13261. 69 70 - Inju10,-.s--con tin tied Local agencies, loans, See. 13410 et Pollution, Waste discharge, Sec. 13260,ct Fcq Discharges of pollutants into navig- seq- Action by At(orncy General to en- Petition to review actions or fail- able waters, Sec. 13386(b). Los Angeles region, See. 13200. join, See. 13002. tire to net by regional board, Discharging waste without filing re- Abatement, Sees. 13225, 13304, 13305, See. 13320, port, See. 13262. Monitoring reports, See. 13267. Defined, See. 13050. Research, Sec. 131CA) et -,eq. Evidence of irreparable damage, See. Discharges into navigable waters, See. Hearings, See. 13305. Review of regional board action or in- 13361. 13383. Lnkc Tahoe, illegal sewage or waste action, Sec. 13320. Liquid waste hauler violation, See. disposal, Sees. 13950, 13951. Rules and regulations, Sees. 1058,13222. 14060. Navigable waters, defined, See. 13373. Notice, See. 13.30-5). Contracts for %ewnge treatment ficil- New discharges of waste or material North coast region, See. 13200. Waste disposal, See. 13304. ity grants, Sec. 13976. , changes, See. 13264. Notice, Porter-Cologne Water Quality Control Liquid waste disposal sites, Sees. Pollution or nuisance, action by At- Cease and desist hearings, Sees. Act, See. 13000 et seq. . 14040, 14041. torney General on own motion, 13301,13302. Priorities, Oil slicks, cleaning or disbursing, See. See. 13002. Discharges of pollutants to navigable Lien, nuisance or pollution abatement 13169. Reclaimed water report, failure to waters, Sees. 13378, 13384. cost, See. 13305. Regional boards, pursunrit to state file, Sec. 13522.7. Ground wnter pumping, See. 2101. Production of books and papers, Sec. board guidelines, See. 13222. Reclaimed water, unauthorized use, Houseboats, See. 13906. 13221. Sewage treatment plant operator o "cc. 135 qualifications, See. 13626. )25. Pollution or nuisance from non-oper- Summary judicial abatement of emer- ating industry or business, See. Reclamation, Water Reclamation, gen- State boord, Sees. 185, 1058. gency conditions of pollution or 13305, crally, this index. nuisance, See. 13340, State policy for water quality control, San Diego region, See. 13200. Recordation, lien for abatement cost, San Francisco Buy region, Sec. 13200. Venue, and transfer of venue, See. See. 13147. See. 13305, . Bay area sewage services agency, See. 13361. Stay by state board of regional board Regional boards, See. 13200 et seq. Waste discharge report, to require, 16000 et seq. order, See. 13321. Adverse or pecuniary interest, Sec. Santa Ana region, See. 13200. See. 13262. Subdivision maps, See. 13266, Inspection of facilities, See. 13267. Waste discharge requirements, See. 13207. Second and subsequent offenses. AgsiRtitnee in providing information, Cease and desist orders, etc. See. Interest, loans to local agencies, See. 13 2 653. 13412. See. 13301.1. 13350. Intervention, adjudication to protect Water quality control plans, Sees. Chairman, See. 13220. Chemicals to disburse or clean tip oil 13244,13170. Compensation,' See. 13205). quality of ground water, See. 2100. Water well quality standards, See. slicks, See. 13169. Investigations of water quality, Contracts, See. 13304. Waste discharge, See. 13265. 13801 et seq. Delegation of powers, See. 13293 Regional board, See. 13267. Nuisance, Deposit,,;, fees collected, See. 1 j;j;. - . Secret process, disposal of waste, con- State board coordination of state Abatement, Sees. 13002,13225,13304, Executive Officers, See. 13220. fidential information, See. 13267. agency, See. 13163. Sewage treatment plant operator quali- 13305. Failure to act, petition to review, fications, Sec. 13625 et seq. Lahontan region, See. 13200. Clean tip and abatement account, See. See. 13320. Lake Tahoe basin, cesspools, public 13440 et seq. Sewerage service charge, See. 13606. Defined, See. 13050. Fees collected, disposition, See, 1060. Sewers and sewer systems, nuisance, See. 13950. Investigation, Sees. 13225, 13267. Bay area Hewnge mervice% agency, See. Lake Tahoe watershed, sewage or waste Hearings, See. 13305. Meeting, See. 13204. 16(M et seq. distimml, Sees. 13950, 13951. Lake Tahoe, illegal sewage or waste Membership, See. 13201. Clean Water Bond Law of 1970, state Licenses and permits, disposal, Sees. 13950, 13951. Monitoring reports, See. 13267. . assistance, Sec. 13970 et seq. Chemicals to clean up oil slicks, fees, Notice, Sec. 13305. Names, See, 13203. Grants for treatment facilities, Sees. Sec. 13169. Waste disposal, See. 13304. Office space, See. 13220. 13600 et Heq., 13970 et seq. Liens and encumbrances, nuisancesi Officers and employees, See. 13220. HOUSPhOatH, WIIKte Sec. abatement, See. 13305. . 1.1 Objections and protests, pollution sad Petition to review action or failure 13900 et seq. Liquid waste, transportation and dis- nuisances, notice, See. 13305. to act, See. 13320. Lake Tahoe watermhed, Sees. 139rO, posal, appeal and review, See. Oil and gas wells, See. 13700. Policy statements, See. 13224. 13951. 13320. Oil deposits. See Related Legislation, Powers and duties, See. 13220 et req. Loans for faeilities, See. 13400 et seq. Liquid Waste haulers, See. 14000 et, page 60. Public officers, membership, See. 13206. Treatment plant operator rpialifica- seq. Reports on technical factors, Sec. Crimes, See. 14080. Oil slicks, chemicals for removing or 13 2 25. tions, Seem. J-3(W8, 13625 et seq. disbursing, See. 13169, Sites for disposal of liquid waste, See. Discharge into community sewer sys- Review of actions, Sees. 13320, 13321. 14040 et seq. tem, See. 14042. Oil spills. See Related Legislation, page Term of office, See. 13202. Solid waste dimeharge, discharge require- Disposal at approved sites, See. 14040. 60. Traveling expenses, See. 13205. ment, order or decree, enforcement, Exemption, See. 14020. Regional water qunlity control plans, See. 13360, Injunctions, See. 14060. Perjury, See. 13240 et seq. State board, flefined, water resources Registration applications and fees, Persons reclaiming waters, reports, Regions, See. 13200 et seq. control board, Sec. 13050. See. 13522.5. Rf Sees. 14021, 14026. Waste discharge reports, See. 13260. Reports, State policy for water quality control, -gistration required, See. 14020. Failure to rile, See. 13267. Analysis of water, See. 13225. See. 13140 et 8eq. Loans to local agencies for waste col- Grievances, review of regional California Water Plan, part of, See. lection, treatment, and reclamation Permit program for discharges to navi- board's action or failure to act, 13141. faciilities, See. 13410 et seq., 13515,' gable waters, See. 13370-13389, See. 13320. Notice and hearing, Sec. 13147. State Water Pollution Cleanup and Petitions, Pollutant discharge to navigable wat@ State agencies t(I comply with, See. Abatement Account, See. 13440 et Aggrieved persons, regional board's er-. Sec. 13376. 13146). seq. action or failure to act, See. 13320. 71 72 Water Resources Control Board- Hearing or investigntion, Staticy-continued Regulation of discharge, and of qua]- * lention, Water quality obje6tives at key loca-., ity of receiving waters, See. continued See. I&I. tions, See. 13142. 13263. Adverse or pecu"inry interest, Sec. Investigation by Department of Water Water quality principles nnd guide- Shall be reviewed, may be revised, 175:5. Resources of water reclamation. lines, 8eci 13142. See. 13203. Advisory Committee, gee. 13120 et See. 230. Other principles and guidelines, See. To implement water quality control seq. Meetings, See. 181, 13142. plans, protect beneficial uses, etc., Chairman, See. 182. State water quality control fund, Members, Sees. 175, 175.5, 176, 177, See. 13263. Clean Water Bond Law of 1970, 178, 180, 182, 183. Liquid waste baulers, fees, See. 14021. Waiver, See. 13269. powers and duties. gee. 13970 et Offices, See. 181. Subdivision maps, reports, regional Waste water treatment plants. Certifl- seq. Petition by aggrieved person to re- boards, See. 13266. cation of supervisors and operators. Conferences. See. 179.6. view regional board action or Subpoenas, See. 13221. Sees. 13608, 13625-13634. Fees, failure to net, See. 13320. Supersedeas or stay, orders concerning Water quality control plans, regional, Certifica(es, See. 13160.1. Powers and duties, See. 13140 et seq. waste disposal, Sees. 13321, 13331., by regional boards, Generally, Sees. Cheinicn] oil digpersnitts, See. 13169. 'Representation of state or political 13240-13247. Disposition, See. 1060. subdivisions, denlings with United Tests, chemicals to clean up oil slicks, Approval by state board, See. 13245. States, See. 179.7. fees, See. 13169. Fnctors to consider, See. 13241. Liquid waste hauler registration, Vice chairmian, See. 182. Time schedules, Sees. 13263, 13300" May specify conditions or arena where See. 14026. Water wells, See. 13800 et seq. 13301. discharge of waste. not permitted, Waste discharge report filing fees, Disposal of pollutants into wells, See. Trade secrets, reports of waste. disposal, See. 13243.' See. 13260. 13382. See. 13267. Notice and hearing, See. 13244. Transfer of action public agency ng,'I' Policy requirements, See. 13240. party, See. 13361. Procedures for formulation, See. Transfer of funds, state water qualiti 13164. control fund, transfer to cleanup Program of implementation, See. and abatement account, See. 13242. 13441.5. Protect beneficial uses, and prevent nuisance, See. 13241. United States, cooperation, See. 13160, Shall be reviewed, may be. revised, et seq. Sce.13240. Venue, injunctions, See. 13361. State agencies to comply withi See. 13247. Vested rights, discharge of waste i n to" Water quality control plans for waters waters, See. 13263. subject to federal standards, by state board, See. 13170, Waiver, reports of waste disposal, 8 ,ec'. Adoption.in accordance with specified 13269. sections applicable to regional Waste, definedi See. 13050. plans, notice and hearing provi- Waste discharge prohibitions or re-, sions, See. 18170. strictions, Sees. 13243, 33301. Supersede any conflicting provisions Waste discharge reports, See. 13260. in regional plans, See. 13170. Failure to furnish, a misdemeatibri@ Water Quality Coordinating Committee See. 13261. See. 13171. Filing fee, See. 13200. Water reclamation, Injunction to require filing, &c. GeneraHy, See. 13500 et seq. 13262. Crimes and offenses, Sees. 13522.6, Shall be filed for discharge of waste 13525.5, 13526. or proposed discharge, other than Criteria established by Department into @ community sewer system.' of Health, See. 13521. Also, shall be filed for materiat. Injunction; Sees. 13522.7, 13525. change. See. 13260. Loans to develop facilities, See. 13r)15. Waiver, See, 13209. Policy, See. 13510 et seq. Waste discharge requirements, See. Reports, See. 13522.5. 13263. Surveys, See. 13,530. Discharges of pollutants into, navi- Waste well regulation, See. 13M. gable waters, gee. 13379. Water reclamation requirements, See. Enforcement. See Injunctions, Actions 13523. and civil proceedings, Civil pen- Water Resources Control Board, alties, and, Crimes and offenses. Generally, Seca. 174 et seq., 13100 et May specify conditions or areas where seq. discharge of waste not permitted@ Administrative review. of regional Sec.13243. board actions or failures to act, No vested right, See. 18263. See. 13320. CALIFORNIA The Resources Agency STATE WATER RESOURCES CONTROL BOARD 0 z 1416 Ninth Street, Sacramento, California 95814 CALIFORNIA REGIONAL STATE OF CALIFORNIA WATER QUALITY CONTROL BOARDS NORTH COAST REGION (1) .. ...... WATER QUALITY CONTROL Suit1b F, 2200 County Center Drive -V REGIONS Santa Rosa. Califomia 95401 .... As defined by Sedion 13200 of the SAN FRANCISCO BAY REGION (2) ...... California Water Code. 1111 Jackson Street, Room 6040 Oakland, California 94607 CENTRAL COAST RE( HON (3) ...... 2238 Broad Street San Luis Obispo, Califoi nia 93401 cot ... ....... C LOS ANGELES REGION (4) Room 4027, 107 South Broadway Los Angeles, California 90012 CENTRAL VALLEY REGION (5) 3201 S Street Sacramento, California 95816 FRESNO BRANCH OFFICE (Central Valley Region) 3374 Shields Avenue, (P.O. Box 2188) Fresno, California 93719 LAHONTAN REGION (6) P. 0. Box 14367 1014 Blue Lake Avenue, Suite 3 .........7 South Lake Tahoe. California 95702 -_1 --A BISHOP BRANCH OFFICE ........ 'q (Labontan Region) 633 N. Main Street Id 3. 1 C 0 Bishop, California 93M COLORADO RIVER BASIN REGION (7) 81-715 Highway III (P.O. Drawer 1) Indio, California 92201 SANTA ANA REGION (9)_ 6833 Indiana Avenue.,Suite I Riverside. California 92506 SAN DIEGO REGION (9j 6154 Mission Gorge Road, Suite 205 San Diego, California 92120 PfJX1fd N CAL100AN16 OFFICK OF STATR TAINTWO A96467-983 6-74 3M WARREN-ALQUIST STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT Assembly Bill No. 1575 CHAPTER 276 An act to amend Section 21100 of, and to add Division 15 (commencing "th Section 2W) to, the Public Besources Code, and to repeat Chapter JJ (commencing **h Section J9870) ofFart 3 of Disidon 13 of the Health and Sk&ty Code, relating to energy resourcez (Appro Governor May 21, 1974. Filed with Vt!yetary of State May 21. 19741 LEGISIATIVE COUNSELS DIGEST AB 1575, Warren. Energy resources. Requires specifically that an environmental impact report pre- pared pursuant to the Envirodinental Quality Act of 1970 include a statement of measures to reduce wasteful, inefficient, and unneces- sM consumption of energy. Enacts the Warren-Alquist State Energy Resources Conservation and Development Act. Declares legislative findings relating to energy resources. Establishes the State Energy Resources Conservation and Devel- opment Commission and prescribes its membership, powers, and duties. Provides for forecasting and assessment 'of energy demands and supplies, and for conservation of,energy resources by designated methods. Requires, with exceptions, that power sites and facilities, as de- fined, be certified by the commission, as prescribed. Requires the conunission to develop and coordinate a program of research and development in energy supply,. consumption and con- servation and the technology of siting facilities. Provides for development of contingency plans to deal with possi- ble shortages of electrical energy or fuel supplies. Imposes various fees and requires the money to be deposited in the State Energy Resources Conservation and Development Special Ac- count, which is established in the General Fund. Requires that money from such account be expended for purposes of carrying out the provisions of this act, when appropriated by the Legislature in the j@udget Act. Deletes designated provisions providing for the establishment of energy insulation regulations for residential buildings, with deletion to be operative on the date one year after the date the commission adopts regulations pertaining to such subject matter. Provides that there shall be no reimbursement pursuant to Section 2231 of the Revenue and Taxation Code nor shall there be any appro- priation made by this act, for specified reasons. 2 IS73 30 14 Ch. V6 -2- To be operative January 7. 1975. The people of the State of CaLffoinia do enact as follows.- SE=oN I. Section 21100 of the Public Resources Code is amended to read: 21100. All state agencies, boards, and commissions shall prepare, or cause to be prepared by contract, and certify the completion of an environmental impact report on any project they propose to carry out or approve which may have a significant efFect on the environment. Such a report shall include a detailed statement setting forth the following: (a) The environmental impact of the proposed action. (b) Any adverse environmental effects wWch cannot be avoided if the proposal is implemented. (c) , Mitigatim measures proposed to minimlie the impact including, but not limited to, measures to reduce wasteful, inefficient. and unnecessary con;pmption of energy. (d) Alternatives to the proposed action. (e) Ile relationAdp between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. (f) Any irreversible environmental changes which would be involved in the proposed action should it be implemented. (g) The growth-inducing impact of the proposed action. SEC., 2. Division 15 (commencing with Section 25M) is added to the Public Resources Code, to read- , DIVISION 15. ENERGY CONSERVATION AND' DEVELOPMENT CUAms I. Tnu AND GENERAL PBOVISIONS 2M. This divWon shall be known and may be cited as the Warren-Alquist State Energy. Resotirces Conservation and Development Act. 25001. The Legislature hereby finds and declares that electrical energy is essential to the health, safety and welfare of the people of this state and to the state economy, and that it is the responobility of state government to ensure that a reliable supply of electrical energy is maintained at a level consistent with the need for such energy for protection of public health and safety, for promotion of the general welfare, and for environmental quality protection. 2500L The Legbiature further finds and declares that the present rapid rate of growth in demand for electric energy is in part due to wasteful, uneconomic, inefficient, and unnecessary uses of power and a continuation of this trend will result in serious depletion or irreversible commitment of energy, land and water resources, and 9 1373 30 IS -3- Ch. 276 potential threats to the states environmental quality. 25M. 'Me Legislature further finds and declares that in planning for future electrical generating and related transmission facilities state, regional, and local plans for land use, urban expansion, transportation systems, environmental protection, and econon-dc development should be considered. 2NN. IU Legislature further finds and declares that there is a pressing need to accelerate research and development into alternative sources of energy and into improved technology of design and siting of power facilities. 230M.. The Legislature further finds and declares that prevention of delays and interruptions in the orderly provision of electrical energy, protection of envi.ronmental values, and conservation of energy resources require 6xpanded authority and technical capability within state government. 25M. It is the policy of the state and the intent of the Legislature to establish and consolidate the state's responsibility for energy resource .si for encouraging, developing, and coordinating research and development into energy supply and demand problems, and for regulating electrical generating and related transmission facilities. 25M. It is further the policy of the state and the intent of the Legislature to employ a range of measures to reduce wasteful, uneconomical, and unnecessary uses of energy; thereby reducing the rate of growth of energy consumption, prudently conserve energy resources, and assure statewide environmental, public safety, and land use goals. CHAPTEn 2. DEFINMONS 25100. Unless the context otherwise requires, the defiWtions in this chapter govern the construction of this division. 25101. "Applicant" means any person who submits an application for certification pursuant to the provisions of this division. 25102. "Application" means any request for certification of any site and related facility filed in accordance with the procedures established pursuant to this division. 25103. "Coastal zone" means the "coastal zone" as defined in Section 27100. 2kG4. "Commission'! means the State Energy Resources Conservation and Development Commission. 25105. "Construction" means onsite work to install permanent -equipment or structure for any facility. "Construction" does not include any of the following: (a) The installation of environmental monitoring equipment. (b) A soil or geological investigation. (c) A topographical survey. (d) Any other study or investigation to determine the environmental acceptability or feasibility of the use of the site for any 21575 65 21 Ch. 276 4- particular facility. (e) Any work to provide access to a site for any of the purposes specified in subdivision (a), (b), (c), or (d). 25106. "Adviser" means the administrative adviser employed by the commission pursuant to Section 23217. 25IU7. "Electric transmission line" means any electric powerline carrying electric power from a thermal powerplant located within the state to a point oflunction with any interconnected transmission system. "Electric transmission line" does- not include any replacement on the existing site of existing electric powerlines with electric powerlines equivalent to such existing electric powerlines or the placement of. new or additional conductors, instilators, or accessories related to such electric powerlines on supporting structures in existence on the effective date of this division or certified pursuant to this division. 25108. "Electric utility" means any person engaged in, or authorized to engage in, generating, transmitting, or distributing electric power by any facilities, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission. 25109. "Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever. 25110. "Facility" means any electric transmission line or thermal powerplant or both electric transmission line and thermal powerplant, regulated according to the provisions of this division. 1 23111. "Account" means the , State Energy Resources Conservation and Development Special Account. @ 25112., "Member" or "member of the commission" means a member of the State Energy Resources Conservation and Development Commission appointed pursuant to Section 25200. 25113. "Notice" means the notice of intent, as further defined in Chapter 6 (commencing with Section 2WW), which shall state the intention of an applicant to file an application for certification of any site and related facility. 25114. "Interested party" means any person whom the commission finds and ack 'nowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this division. 2511& "Permit area" means the "permit area- as defined in Section 27104. 25il& "Person" means any person, firm, association, organization, partnership, business trust, corporation, or company. -Person" also includes any city, county, public district or agency, the state or any department or agency thereof, and the United States to the extent authorized by federal law, 25117. "Plan" means the Emergency Load Curtailment and Energy Distribution Plan. 2511& 'Service area" means any contiguous geographic area 2 1373 90 26 Ch. 276 serviced by the same electric utility. 25119. "Site" means any location. on which a facility is' constructed or is proposed to be constructecL 25120. "Mermal powerplant" means any stationary or floating electrical generating facility using any source. of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. 25121. "Fuel'. means petroleum, crude oil, petroleum product, coal, natural gas, or any other substance used primarily for its energy content. 25122. "Gas utility" means any person engaged in, or authorized to engage in,.distributing or transporting natural gas, including, but not limited to, any such person who is subject to the regulation of the Public Utilities Commission. 25123. "Modification of an existing facility" means any alteration, replacement or improvement of equipment that results in a 30-megawatt or more increase mi the electric generating capacity of an existing thermal powerplant or an increase of 23 percent in the peak operating voltage or peak kilowatt capacity of an existing electric trwwmission line. CHAPTER I STATE ENERGY REsouncEs CONSERVATION AND DEVELOPMENT COMMLSSION 2300. 71ere is in the Resources Agency 'the State Energy Resources Conservation and Development Commission, consisting of five members appointed by the Covernor subject to Section 2520-4. 25201. One member of the commission shall have a background in the field of engineering or physical science and have knowledge Of energy supply,or conversion systems; one member shall be an attorney and a member of the State Bar of California with administrative law experience; one member shall have background and experience in. the field of environmental protection or the stijdy of ecosystems; one member shall be an. economist with background and experience in the field of natural resource management; and one member shall be from the public at large. 25M 7`he Secretary of the Resources Agency and the President of the Public Utilities Commission shall be ex officio, nonvoting members of the commission, whose presence shall not be counted for a quorum or for vote requirements. 252M. Each member of the commission -shall represent the state at large and not any pakicular area thereof, and shall serve on a full-time basis. 25204. the Governor shall appoint the members of the commission within 30 days after the effective date of this division. Every appointment made by the Govern= to the commission shall be subject to the advice and consent of a majority of the members elected to the Senate. 21375111 31 Ch. 276 -6- 25205. (a) No person shall be a member of the commission who. during the two years prior to appointment on the commission, received any substantial portion of his income directly or indirectly from any-electric utility, or who engages in sale or manufacture of any major component of any facility. No member of the commission shall be employed by any electric utility, applicant, or, within two years after he ceases to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility. (b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or position. (c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Sectior 19231 of the Government Code. (d) No person who is a member or employee of the commission shall participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering , of advice, investigation, or otherwise, in ajudicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his knowledge, he, his spouse, minor child, or partner, or. any organization in which he is serving, or has served as officer, director, trustee, partner, or employee while serving. as a member or employee of the commission or within two years prior to his appointment as a member of the commission, has a direct or indirect financial interest. (e) No person who is a partner, employer, or employee of a member oremployee of the conurussion shall act as an attorney, agent, or employee for any person other than the state in. connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest. (f) 7be provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect the integrity of the services which* the state may expect from such member or employee. (g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10.000) or imprisonment in the state prison for not more than two years, or both. 25206. The terms of office of the members of the commission shaH be for five years, except that the members first appointed to the commission shall classify themselves by lot so that the term of office of one member shall expire at the end of each one of the five years 2 1373 130 35 -7- Ch. 276 following the effective date of this division. Any vacancy shall be filled by the Governor within 30 days of the date on which a vacancy occurs for the unexpired portion of the term in which it occurs or for any new -term, of office. If the Governor fails to make an appointment for any vacancy within such 30-day period, the Senate Rules Cornmittee may make the appointment to fill the vacancy forthe unexpired portion of the term in which the vacancy occurred or for any new term of office, subject to the provisions of Section 25204. 25M. The members of the commission shall receive an annual salary as prescribed by Section 115,52 of the Government Code. Each member of the commission shall receive the necessary traveling and other expenses incurred in the performance of his official duties. When necessary, the members of the commission and its employees may travel within or without the state. 25M. Before entering upon the duties of his office each member of the commission shall execute an official, bond to the state in the penal sum of twenty-five thousand dollars ($25,000), conditioned upon the faithful performance of his duties. Each member of the commission shall have one vote. Except as provided in Section 25211, the affirmative votes of at least three members shall be required for the transaction Qf any business of the commission. 25210. 'Me commission may hold any hearings -and conduct any investigations in any part of the state necessary to carry out its powers and duties prescribed by this division and for such purposes has the same -powers as is conferred upon heads of departments of the state by Article 2 (commencing with Section I 1180) of Chapter 2, Part 1, Division 3. Title 2 of the Government Code. 25211. The commission may appoint a committee of not less than' two members of the commission to carry on investigations, inquiries, or hearings which the commission has power to undertake oi to hold. Every order made by such committee pursuant to such inquiry, investigation, or hearing, when approved or confirmed by the commission and ordered filed in its'office, shall be the order of the commission. 25211 Every two yiirs the Governor shall designate a chairman and vice chairman of the commission from among its members. 25213. The commission shall adopt 'rules and regulations, as necessary, to carry out the provisions of this division in conformity with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1, Division 3, Title 2 of the Government Code. The commission shall make available to any person upon request copies of proposed regulations. together with summaries of reasons supporting their adoption. 25214. The commission shall maintain its headquarters in the City of Sacramento and may establish branch offices in such parts of the state as the commission deems necessary. The commission shall hold 2 1575 150 39 Ch. 276 -8- meetings at such times and at such places as shall be determined by it. All meetings and hearings of the commission shall be open to the public, and opportunity to be heard with respect to the 'subject of the hearings sW be afforded to an y' person. Upon request, an interested party may be granted reasonable opportunity to examine, any witness testifying at the hearing. The first meeting of the commission shall be held within 30 days after the confirmation of the last member of the commission pursuant to Section Z5M. The Governor shall designate the time and place for the first meeting of the commission. - 25215. Any member of the'commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. 25216. In addition to other duties specified in this division, the comniission shall do all of the -following: (a) Undertake a continuing assessment of trends in the consumption of electrical energy and other forms of energy ' and analyze the sociat economic, and environmental consequences of these trends, carry'out directly, or cause to be carried out, energy cnns6ril tres specified in Chapter 5 (commencing with, Section 25400) 6f this division; and recommend to the Governor and the Legislature new and expanded energy conservation measures as required to meet the objectives of this division. (b) 'Collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources forecasts of future supplies and consumption of aH forms of energy, including electricity, and of future energy or fuel production and transporting facilities to be constructed; independently analyze. such forecasts in relation to statewide estimates of population, econon-Ac, and other growth' factors and in terms of the availability of energy resources, costs to consumers, and other factors; and formally specify statewide and ser-@ice area electrical energy demands to be utilized as a basis for planning the siting and design of electric power generating and related facilities. (c) Carry out, or cause to be carried out, under contract or other arrangements, research and development into alterriative sources of energy, improvements in energy generation, transmission. and siting, fuel substitution, and other topics related to energy supply. demand, public safety, ecology, and conservation which are of particular statewide importance. 25216-3. (a) The commission shall compile relevant local, regional, state, and federal land use, public safety, environmental, and other standards to be met in designing, siting, and operating facilities in the state; except as provided in subdivision (d) of Section 25402, adopt standards, except for air and water quality, to be met in designing or operating facilities to safeguard public health and safety, which may be different from or more stringent than those adopted by local, regional, or other state agencies, or by any federal 'agency 2 1573 173 44 -9- Ch. 276 if tted by federal law; and monitor compliance and ensure that a =fties are operated in accordance with this division. (b) The local, regional, and other state agencies shall advise the commission as to any change in its standards, ordinances, or laws which are pertinent and relevant to the objective of carrying out the provisions of this division. 25216.5. The commission shall do all of the following: (a) Prescribe the form and content of applications for facilities; conduct public hearings and take other actions.to secure adequate evaluation of applications; and formally act to approve or disapprove applications, including specifying conditions under which approval and continuing operation of any facility shall be permitted. (b) Prepare an integrated plan specifying actions to be taken in the event of an impending serious -shortage of energy, or a clear threat to public health, safety, or welfare. (c) Evaluate policies governing the establishment of rates for electric power and other sources of energy as related to energy conservation, environmental protection, and other goals and policies established in this division, and transmit recommendations for changes in power-pricing policies and rate schedules to the Governor. the Legislature, to the Public Utilities Commission, and to publicly owned electric utilities. (d) Serve as a central repository within the state government for the collection and storage of data and information on all forms of energy supply, demand, conservation, public safety, and related subjects. .25217. The commission shaU do all of the following: (a) Appoint an executive director with administration and fiscal experiencei who shall.serve at its pleasure and whose duties and salary shall be prescribed by the commission. (b) Appoint an administrative adviser, to serve at the pleasure of the commission, who shall be an attorney admitted to practice law in, this state, and who shaR carry out the provisions of Section 25 as weU as other duties prescribed by the commission. (c).Employ and prescribe the duties of other staff members as necessary tocarry out the provisions of this division. 25217.5. I%e chairman of the commission shall direct the adviser, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the conurim'lon. 2521& In addition to other powers specified in this division, the commission may do any of the following: (a) Apply for and accept grants, contributions, and appropriation& (b) Contract for professional services if such work or services cannot be satisfactorily performed by its employees or by any other aftte agency. (c) Be sued and sue. 2 1373 190 47 Ch.. 276 -10- (d), Request and utilize the advice and services of all federal.'state, local, and regionalagencies. (e) Adopt any rule or regulation, or take any action, it deems reasonable and necessary to carry out the provisions of this division. (f) Adopt rules and regulations, or t;%ke any action, it deems reasonable and necessary to ensure the free and open participation of any member of the staff in proceedings before the, commission. 25218.5.. The provisions specifying any power or duty of the commission shall be liberally construed, in order to carry out the ob@jectives of this division. 25219. As to any matter involving the federal government, its departments or agencies, which is within the scope of the power and duties of the commission, the commission may represent its interest or the interest of any county, city, state.agency, or public district upon its request, and to. that end may correspond, confer, and cooperate with the federal government, its departments or agencies. The commission may participate as a party, to the extent that it, shall determine, in any proceeding before any federal or state agency having authority whatsoever to approve or disapprove any aspect of a proposed facility, receive notice from any applicant of all applications and pleadings filed subsequently by such applicants in any of such proceedings, and, by its request, receive copies of any of such subsequently filed. applications and pleadings that it shall deem necessary. 25221. Upon request of the commission, the Attorney General shaH represent the commission and the state in litigation concerning affairs of the commission, unless the Attorney General represents another state agency, in which case the commission shall be authorized to employ other counsel. 25= 'The adviser shall insure that full and adequate participation by all interested groups and the public at large is secured Mi - the planning, site and FacWty certification, energy conservation, and emergency allocation procedures provided in this division. The adviser shall insure that timely and complete notice of commission meetings and public heaxings is disseminated to all interested groups and to the public at large. The adviser shall also advise such groups and the public as to effective wiys of participating in the commission's proceedings. The adviser shall recommend to the commission additional measures to assure open consideration and public participation in energy planning, - site and facility certification, energy conservation, and emergency allocation proceedings. . The commission shall make available any information filed or submitted pursuant to this division under the provisions of the' Cakfornia. Public Records Act, Chapter. 3.5-- (commencing with Section 6250) of Division 7. Title I of the Government Code. 95224 The commission and other state agencies shall, to the West extent possible, exchange records, reports, material, and other 2 1575210 31 Cb. .276 information relating to energy resources and consecvation and power kcilities siting, or any areas of muWal concern, to the end that unnecessary duplication of effDrt may be avoided. CHAPM 4. PLANNiNc AND FORECASTING 2M. Every electric utility in the state shall. prepare and transmit to the commission within one year after the effective date of thii division, and every two years thereafter, a report specifying 5-, 10-, and 20-year forecasts or assessments of loads and resources for its service area. The report shall set forth the facilities which, as determined by the electric utility, will be required to supply electric power during the forecast or assessment perio& The report shall be in a form specified by the commission and shall include all of the fallowitw- ..(a) A tabulation of estimated peak loads, resources, and reserve margins for each year during the 5- and 10-year forecast or 'a Msment periods, and an estimate of peak load, resources, and reserve margins for the last year in the 20-year forecast or assessment period (b) A list of eitisting electric generating plants in service, with a description of planned and potential generating capacity at eldsting sites., (c) A.list of facilities which will be needed to serve additional electrical requirements identified in the forecasts or assessments, the general location of such facilities, and the antiopated types of fuel to be utilized in the proposed, facilities. . (d) A descriptign of additional systerr4,capacity which might be achieved througM among other thingi, improvements in (1), generating or transmission efficiency, (2). importation of power, (3) interstate or interregional pooling, and (4) other improvements in efficiencies of operation,. (a) An estimation of the availability and. cost of fuel resources for the 5-, 10-, and 20-yearlorAst or assessment periods with a statement by the electric utility descriBing firm commitments for supplies of fuel required during the forecast or assessment periods. (f) An annual load duration curve and a forecast of anticipated Peak loads for each forecast or assessment period for the residential, commercial, industrial, and such other major demand sectors in the service area of the electric utility as the commissi determine., 9n shall (g) A description of . projected popularkm growth, urban development, industrial expan .sion, I and other growth factors influencing increased demand for electric, energy and the bases for such projections. 25MI. The commission shall establish and every electric utility shall utilize, for purposes of the report, a common methodology for Preparing forecasts of future loads and resources. After applying the commission's established methodology to the@lnandatory elements of 2 IM 225 54 Ch. 276 the report specified in -Section 25=-, any electric utility may transirdt to the commission supplementary information and forecasts based upon an alternative methodology. If such alternate methodology is employed, the electric utility shall fully describe the data and other components of the methodology, and shallspecify the reasons why the approach is considered more accurate than. that established by the commission. The commission* may waive the requirements of subdivision (d) or (g) of Section 0300 for any electric utility which the conunission determines is not prinuuIly engaged in the busiziess of generating of selling electricity, when the commission determines that the collection and accumulation of any such information from such'' electric utilities is unnecessary for purposes of carrying out the provisions of this chapter. . 23=: Upon receipt of a report required under Section 2MM from an electric, utility, the commission shall forward copies thereof to the Legislature, the Public Utilities Commission, the Secretary of the Resources Agency, the Director of the Office of Planning ind Research, and other concerned state and federal agencies., The report shall also be made available. at cost, to any person upon request.'Me commission shall also forward copies of the report to each city and county within the service area covered by the report, and shall request that the city and county.review and comment on !he report in relation to estimates of population growth and economic development, pattertu of land "and open. space, and and conservation and other appropriate elements of the adopted city or county general pkn. A copy of the report shall be maintained on file for [email protected] in each county. 25M. For a period of four months after the receipt of the reports required under Section 2MM the commm-on shah receive the comments of any person on the reports. Within such period, the Public Utilities,CommissiAn shall submit its independent evaluation and analy3is@ of:'the report's to the commission. 25304. The commission shall review and evaluate the electric utilitia forecasts of loads and resources, and the comments of the Public Utilities Commission on such forecasm in relation to the population growth estimates prepared by the Department of FInance, Population Research Unit; znd in relation to statewide and regional land use, transportation, and economic development programs and forecastL The commission shall, also examine the implications of the forecast level,of loads and resources on, among other things. all of the following: (a) Critical envirortmental and other resources of the state, including air and water quality, coastal, natural. and other unique aress and energy rwource3.. (b). Public hoWth and safiaty, general welfare, and the state's economy. (c) Capital requirements for now facilities and costs to consumers of electricity and other for. of energy. 2 13TS 240 38 -13- Ch. 276 (d) Other significant- factors which relate to the provision of electrical energy in the amounts and in the manner proposed by the -electric utilities. 7be commission shall also consider reasonable alternative methods to those proposed by the electric utilities to meet forecasted electrical energy requirements. 25M. Within six months after receipt of ihe reports specified in Section 25M, the commission shall prepare and distribute a preliminary report, setting forth its findings and conclusions regarding the accuracy and acceptability of the electric utilities' forecasts. IMe report shall be based upon information and views -presented in the comments received under Section 2M and the commission's independent, analysis, and shall contain all.of the foliowing.- (a) The commission's evaluation of the probable service area and statewide, environmental, and economic impact and the health and safety aspect of constructing and operating the facilities proposed b@ the electric utilities and a description of the measures considered necessary by the commission to avoid or ameliorate any adverse Impacts. (b) Any proposed alternative methods for meeting the electrical energy requirements identified by the electric utilities. (c) Ile anticipated 5- and 10-year level of demand for energy to be utilized as a basis for certification of facilities, and an anticipated 20-year level of demand for energy to, be utilized as a basis for r ornmending energy conservation policies and. actions. (d) Identification. on a statewide and service area basis, of required electric facilities consistent with the anticipatedlevel of demand,, both before and after consideration of the possible impacts of recommended conservation measure& (e), An analysis and evaluation of the -means by which the projected annual rate of demand growth of electrical energy may be reduced. together with an estimate of the amount of such reduction to be obtained by each of the nwans analyzed and evaluated, including a statement of the impact of such reduction on the factors reviewed by the commission set forth in.-Section 2M and mAxliviskm (a) of this sec@tim 25M 7be commission shall distribute the report required under Section 25M to the same persons, and i the same conditions, as prescribed in Section 25302. 2M. Within three n=ths after distribution of the commission's - preliminary report pursuant to Section 25M, the commission shall hold public hearings of which at least ca2e shall be M1, the City of Sacramento to obtain the views and MIUMMInts, of the electric utilities, governmental agencies, private groups, and any other person on the commission's proposals and I a mnMWxlations in the preliminary report. 25M Within 12 months after receipt of the reports required in 2 I= 2M as Ch. 276 -14- Section 25300, the commission shall include within its biennial report to,the Governor and the Legislature, as specified in Section 2&IW, its 'final report on the accuracy and acceptability of the electric utilities' forecasts and on the commission's independent analyses and evaluations, as specified in Section 25=. .25309. Beginning January 1, 1977, and every two years thereafter, the commission shall transmit to the Governor and the Legislature a comprehensive report designed to identify emerging trends related to energy supply, demand, and conservation and public health and saf6ty factors, to specify the level of statewide and service area electrical energy demand for each year in the forthcoming -a-, 10-, and 20-year periods, and to provide the basis for state policy and 'actions in relafion thereto, including, but noi limited to, approval of new sites for additional facilities. The report shall include, but not be Unn"ted to, all of the following: (a) An overview, looking 20 years ahead, of statewide growth and development as they relate to future requirements for energy, including patterns of urban metropolitan expansion, statewide and service area economic growth,.,shifts in. transportation modes, modifications in building types and design, and other trends and factors which, as determined.by the commission, will significantly affect energy consumption and need to be considered in formulating state energy policy and programs. I (b) The level of statewide and service area electrical energy demand for the forthcoming 5- and 10-year forecast or assessment period which, in the judgment of the commission, will reasonably balance requirements of state and service area growth and development, protection of public health and safety, preservation of environmental quality, maintenance of a sound economy, and, as may be provided by law, conservation of energy and resources. Such 3. and 10-year forecasts or assessments established by the commission shall serve as the basis for planning and certification of facilities proposed by electric utilities. (c) The anticipated level of statewide and service area electrical energy demand for 20 years, which shall serve as the basis for recommendations by the commission - to the Governor, the Legislature, and other appropriate public and priv'ate agencies in the following: (1) Demand-reducing policies. (2) Conservation of energy. (3) Development of potential sources of energy. (4) Other policies and actions designed to affect the rate of growth in demand for electrical energy. -(d) A list, including maps, of existing electrical power generating sites, indicating those where the commission has determined that expansion is feasible within the forthcoming 10-year period. (e) A W, including maps, of possible areas appropriate for additional electrical generating sites, including the generating 9 1575 280 66 Ch. 276 capacity to be installed at the sites and the type of fuel and other general characteristics of the facilities wtxich, as determined by the commission, will be required to meet the 10-year level of electrical energy demand established by the commission as specified in subdivision (b) of this section. (f) Based upon the commission's 2D-year forecasts or assessment of growth trends in energy consumption and production, identification of potential adverse social, economic, or environmental impacts which might be imposed by continuation of the present trends, including, but not limited to, the costs of electricity and other forms of energy to consumers, significant increases in air, water, and other form of pollution, threats to public health and safety, and loss of scenic and natural areas. (g) Assessment of the energy resources available to the state, including among others, fossil fuels and nuclear, - solar, and geothermal energy resources; assessment of the potential of, and examination of the availability of, commercially developable fuels, including imported fuels, during the forthcoming 10- and- 20-year periods; and recommendations regarding measures to be applied to conserve energy and fuels. (h) An analysis and evaluation of the means by which the projected annual rate of demand growth of energy may be reduced, together with an estimate of the amount of such reduction to be obtained by each of the means analyzed and evaluated, including, but not limited to, a statement of the impact of such reduction on the factors rev'iewed by the commission set forth in Section 25304 and subdivision (a) of this section. (i) The status of the commi'on's ongoing research and development program directed to energy supply, deniand, and conservation and description of new projects which have been proposed for funding as specified in Chapter 7 (commencing with Section 25") of this division. 1 0) Description of the commission's adopted plan for emergency measures to be applied in the event of impending serious shortage of electrical and other forms of energy as provided in Chapter 8 (commencing with Section 25700) of this division. M Recommendations* to the Governor and the Legislature for administrative and legislative actions based on the resWts of commission studies and evaluations as specified in this section and in Chapter 5 (commencing with Section 2UM). (1) A hst, including maps, of sites and potential multipla-facility sites which have been found to be acceptable by the commission pursuant to Sections'25516 and 25516.5, including the generating capacity to be butalled at the site and the type of fuel and other general characteristics of the facilities at such sites. 2 I= 305 71 Ch. X76 -16- CHAPTER 5. ENERcy RESOURCES CONSERVATION 25M., Ile commission shall conduct an ongoing assessment of the opportunities and constraints presented by all forms of energy. The commission shall encourage the balanced use of all sources of energy to meet the state's needs and shaU seek to avoid possible undesirable consequences of reliance on a single source of energy. 25401. The commission shall continuously carry out studies, research projects, data collection, and other activities required -to assess the nature, extent, and distribution of energy resources to meet the needs of the state, including but not firnited to, fossil fuels and solar, nuclear, and geothermal energy resources. It shall also carry out studies, technical assessments, research projects, and data collection directed to reducing wasteful, inefficient, unnecessary, or uneconomic uses of energy, including, but not limited to, all of the tollowing: (a) Pricing of electricity and other forms of energy. (b) Improved building design and insulation. (c), Restriction of promotional activities designed to increase the use of electrical energy by consumers. (d) Improved appliance efficiency. (e) Advances in power generation and transmission technology. (f) Comparisons in the efficiencies of alternative methods of energy utilization. IMe commission shall survey pursuant to this section all forms of energy on which to base its recommendations to the Governor - and Legislature for efirnination of waste or increases in efficiency for sources,or uses of energy. The commission shall transmit to the Governor and the Legislature, as part of the biennial report specified in Section 25309, recommendations for state policy and actions for the orderly development of all potential sources of energy to meet the state's needs, including, but not limited to, fossil fuels. ani4 solar, nuclear, and geothermal energy resources, and to reduce wasteful and inefficient uses of energy. 2MM Within 18 months after the effective date of this division, the comutission shall, after one or more public hevings, do all of the following, in order to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy: (a) Prescribe, by regulation, lighting, insulation, climate control systems, and other building design and construction standards which increase . the efficient use of energy. Such standards shall be economically feasible in that the resultant savings in energy procurement costs shall be greater than the cost of the energy conserving requirements amortized over the economic life of the building. In prescribing standards for insulation, the commission shall take into consideration the standards developed pursuant to Chapter 11 (commencing with Section 19870) of Part 3, Division 13 of the Health and Safety Code, which standards shall only be 2 1575 321 73 -17- Ch. 276 operative until the date one year after the date that the commission adopts regulations for energy insutaGon for residential buildings pursuant to this subdivision. One year after the corrunission adopts the regulations pursuant to this subdivision, no city, county, city and county, or state agency shall issue any building pern-Lit unless the standards prescribed by the commission pursuant to this section are satisfied. Whenever the provisions of this subdivision and the provisions of Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code, as to adoption and enforcement of standards for "nonresidential buildings" as defined by Section 19878.1 of the Health and Safety Code, are in conflict, the commission shall be governed by the provisions of such chapter of the Health and Safety Code to the extent of such conflict. (b) Recommend per unit energy requirement allotments based on square footage for various classes of buildings which would reduce the growt 'h rate of electrical energy consumption and which are technically feasible and will provide adequate safeguards for public health. safety, and welfare. No city, county, city and county, or state agency shall issue any permit for the construction of any building Unless the applicant certifies that consideration has been given to such energy requirement allotments, which certification shall include a statement specifying the extent to which conformance with the relevant recommended allotment will be achieved. (c) By regulation, prescribe standards for minirhurn levels of operating efficiency, b@sed on a reasonable use pattern, for all appliances whose use, as determined by the commission, requires a significant amount of energy on a statewide, basis. Such minimum levels of operating efficiency shall be based on feasible and attainable efficiencies or feasible improved efficiencies which will reduce the electrical energy consumption growth rate. One year after the date of the adoption of such standarcls,. no new appliance may be sold or offered for sale in the state whichis not certified by the manufacturer thereof to be in compliance with such standards. Such standards shall be drawn so that they do not result in any added total costs to the consumer over the designed life of the appliances concerned. (d) Recommend minimum standards of efficiency for the operation of any new facilfty at a particular site which are technically And economically feasible. No site and related facility shall be certified pursuant to Chapter 6 (commencing with Section 2MM) of this division, unlew the applicant certifies that standards recommended by the commission have been considered, which certification shall include a statement specifying the extent to which conformance with the recommended standards win be achieved. Whenever the provisions of this section and the provisions of Chapter 11.5 (commencing with Section 19878) of Part 3 of Division 13 of the Health and Safety Code are in conflict, the commission shall be governed by the provisions of such chapter of the Health and Safety Code to the extent of such conflict. 2 1373 345 80 Ch. 276 2MM. The commission shall submit to the Public Utilities Commission and to any publicly owned electric utility, recommendations designed to reduce wasteful, unnecessary, or uneconomic energy consumption.resulting from practices including, but not limited to, differential rate structures, cost-of-service allocations, the'disallowance of a business expense of advertising or FIVmotional.activities which encourage the use of electrical power, peakload piicing, and other pricing measures. The Public Utilities mmissioq or publicly owned electric utility shall review and consider such recommendations and shall, within six months after the date it receives them, as prescribed by this section, report to the Governor and the e-slature its actions and reasons therefor with respect to suph recommendations. 25" The commission shall cooperate with the Office of FUmAng and Research, the Resources Agency and other interested parties in developing procedures to ensure that mitigation measures to mini@e wasteful, inefficient, and unnecessary consumption of energy are included in all environmental impact reports required on local projects as specified in Section 21131. 23405., A city, county, or city and co=ty may by or6wce or resolution prescribe a schedule of fees sufficient to pay the costs incurred in the enforcement of standards adopted purrtumt to this chapter. CHAP= PowER FAciLm AsD SrrE CERTmcAnoN 20W. In accordance with the provisions of this division, the conunission shall have the exclusive. power to certify all sites and related facilities in the state, except for any site and related facility proposed to be located in the permit area, whether a new site and related facility or &'change or addition to an existing facility. The issuance of a certificate by the commission shall be in lieu of any permit, certificate, or similar document . ed b any state, local or regional agency, or federal agency t=exteynt permitted by, federal law, for such use of the site and related facilities, and shall supersede any applicable statute, ordinance,. or regulation of any state,locaL or region&4 agency, or federal agency to the went permitted by federal law. After the effective date of.this division, no construction of any facility. or modification. of any existing facility shall be commenced without first obtaWng certification for any such site and related facility by the conunission, as prescribed in this division. ZMW.5. The commission shall certify sufficient sites and related facilities which are required, to provide a supply of electric power sufficient to accommodate the demand projected in the most recent forecast of statewide and service area electric power denunds adopted pursuant to subdivision (b) of Section 25M. 25501. The provisions of this -chapter do not apply to any Slito and 2 Isn 381 W -19- Ch. X76 related facility which meets.either of the following requirements: (a) For which the Public Utilities Cgrumission has issued a certificate of public 'convenience and necessity before the effective date of this division. (b) For which construction is planned to commence within three years from the effective date of this division. 2WIA A proposed site and related facility shall be deemed to be one for which construction is planned to. commence within three years from the effective date of this division within the meaning of subdivision (b) of Section 25WI. it all of the following are satisfied: (a) The planned operating date and the planned capacity are consistent with the forecast of electric loa& either set forth in a report submitted under Sections 2 and 3 of General Order 131 of the Public Utilities Commission as of March 31, 1974, or otherwise disclosed in -a report of a public agency as of March 31, 1974. (b) The need to commence construction within three years fiom the effective date of this division is reasonably related to the planned operating date of such site and related. facility. (@) Substantial funds have been expended or committed for planning, site investigations, site @ acquisition, or equipment procurement for such site and related facility prior to the effective date of,this division. 25MI.S. The Legisliture finds and declares that the following proposed sites and facilities with the associated estimated generating capacities meet the requirements of subdivision (b) of Section 25MI: (a) As designated in the report of the Pacific Gas and Electric Company subn-dtted to the Public Utilities Commission an March 1, 1974, in response to Sections 2 and 3 of General Order 131 of the Public Utilities Commission, three gas turbine powerplants, each having a generating capacity of 52 megawatts, commonly known as Potrero Unit 4, Potrero Unit 5 and Potrerg 'Unit 6, to be located in the City and County of San Francisco; a gas turbine powerplant having a generating capacity of 52 megawatts, commonly known as Hunters Point Unit 1, to be located in the City and County of San Francisco; a gas turbine powerplant having a generating capacity of 2W megawatts, commonly known as Station C; a geothermal powerpl4nt having a generating capacity of 106 megawatts, commonly known, as Geysers. Unit 12, to be locatqd in Sonoma County; a geothermal powerplant having a generating capacity of 110 megawatts, commonly known as Geysers Unit 14, to be located in Sonoma County;, a geothermal powerplant having a generating capacity of 55 megawatts, commonly known as Ceisers Unit 15, to be located in Sonoma: County; a geothermal powerplant having a generating capacity of 135 megawatts, commordy known as Geysers Unit 13, to be located in Lake County; a geothermal powerplant having a generating capacity of 110 megawatts,. planned for operation in 1978, to be located in Sonoma County or Lake County; a geothermal powerplant having 'a generating capacity of 110 21575 384 91 Ch. V6 -20- megawatts, planned for operation in 1979, to be located in Sonoma County or Lake County; a combined-cycle powerplant having a generating capacity of 800 megawatts, commonly known as Thermal 78, to be located in Contra Costa County near the City of Pittsburg, two combined-cycle powerplants, each having a generating capacity of 8W meggwatts,conInIonly known as Thermal 79 and Thermal 81. to be located in Contra Costa County or Solano County; and a nuclear powerplant having a generating capacity of 1,100 megawatts, conunonly known as Nuclear A to be located in Region 1, as shown on page 27 of the report of the Pacific Gas and Electric Company submitted March 1, 1974, in response to Sections 2 and 3 of General Order @131 of the Public Utilities Commission, or at the location comrnonly known as Diablo Canyon in. San Luis Obispo County. (b) As described in the report of the Southern California Edison Company submitted to the Public Utilities Commission on March 8, 1974, in responsi! to Sections 2 and 3 of General Order 131 *of the Public Utilities Commission, two combined-cycle powerplants, each with a generating capacity of 236 megawatts, commonly known as Cool Water Unit 3 and Cool Water Unit 4, to be located in San Bernardino County; six combined-cycle powerplants, each having a generating =ty of 236 megawatts.. commonly known as Huntington Unit 6, Huntington Beach Unit 7, Huntington Beach Unit 8, Huntington Beach Unit 9, Huntington Beach Unit 10 and Huntington Beach Unit 11, to be located in the City of Huntington Beach; three combined-cycle powerplants, each. with a generating capacity of 414 megawatts, commonly known as Lucerne Valley Unit 1, Lucerne Valley Unit 2 and Lucerne Valley Unit 3, to be located in San Bernardino County; and two nuclear powerplants, each having a generating capacity of 760 megawatts, conunonly -known as the Desert Nuclear Project. (c) As described in the report of the San Diego Gas and Electric Company'submitted to the' Public Utilities Commission on March 22, 1974, in response to Sections 2 and 3 of General Order 131 of the Public Utilities Commission, two gas tur 'bine powerplants, each having a generating capacity of 64 megawatts, commonly known as South Bay Gas Turbine Unit 3 and South Bay Gas Turbine Unit 4, to be located in San Diego County; a fossil-fueled powerplant having a generating capacity of 292 megawatts, commonly known as Encina Unit 5, to be located in San Diego County; a combined-cycle powerplanthaving a generating capacity of 404 megawatts, planned for operation in 1979, to be located in San Diego County; and a nuclear powerplant having a generating capacity of 1,200 inegawatts, commonly known as the Desert Nuclear Project, to be located in Riverside County. (d) As described in the report of the Pacific Gas and Electric Company to the Public Utilities Commission submitted March 1, 1974, in response to Sections 2 and 3 of the General Order 131 of the Public Utilities Conunission, a gas turbine powerplant having a 2 15n W7 94 CIL 276 of 130 megawatts, commonly known as SMUD C"T located in Sacramento County;@ and a nuclear powerplant having a generating capacity of 1,100 megawatts, commonly known as Rancho Seco Unit 2, to be located in Sacramento County. (a) As described in the report of the Department of Water and Power of the City of Los Angeles submitted to the Public Utilities Commission on March 18, 1974, in response to Sections 2 and 3 of Cbneral Order 131 of the Public Utilities Commission, a nuclear powerplant having a generating capacity of 1,300 megawatts, commonly known as the San Joaquin Nuclear Project, to be located in Kern County near the CAty of Wasco. (f) Four geothermal powerplanti. each having a generating capacity of 55 megawatts, presently planned to be constructed by the CAty of Burbank and to be located in Imperial County. (g) Four geothermal powerplants, each having a generating capacity of 55 megawatts, presently planned to be constructed by the City of Burbank and located in Inyo County. 1h) Two geothermal powerplants, each having a generating capacity of 110 megawatts, presently planned to be constructed by the Northern C41ifornia Power Agency and located in Sonoma County. Nothing in this section shall be construed to indicate that the sites and facilities specified in this section are approved by the Legislature. 7%e inclusion of any site and related facility in this section means that the provmons of this chapter I do not apply to any such site or facility, to the extent that Section 25501.7 or 25502.3 is made plicable, and that such site and related facility is subject to any =all other provisions of law. I 25301.7. Any person proposing to construct a facility or a site to which Section 25MI applies may waive the exclusion of such site and related facility from the provisions of this chapter by submitting to the commission a notice to that effect on or after July 1, 1976, and any and all of the provisions of this chapter shall apply to the construction of such facility. 2MM Each p!rsFa p@opoming to construct a thermal powerplant or electric trananussion nne on a site shall submit to the commission notice of intention to file an application for the certification of such site and related fiwdity or facilities. 7be notice shau be an attempt primarily to determine the adtability of the proposed sites to accommodate the facilities and to determine the general conformity of the@ proposed sites and related facilities with standard of the commission. and forecasts adopted pursuant to Sections 25216.3 and 25M. The notice shall be in the form prescribed by the commission and shall be supported by such inEwmation as the commission may require. Any site and related facility once found to be acceptable pursuant to Section 25516 is, and shall continue to be, eligible for consideration 2 I= 3W 97 Ch. 276 -22- in an application for certification without further proceedings required for a notice under this chapter. 25502.3. Except as provided in Section 25501.7, any person proposing to construct a facility excluded from the provisions of this chapter may waive such exclusion by submitting to the commission a notice of intention to file an application for certification, and any and all of the provisions of this chapter shall apply to the construction of such facility. L55M.5. The notice is not required to contain three alternative sites and related facilities for additional generating facilities on land owned by an electric utility before the effective date'of this division at existing sites east of the town of Clay Station in Sacramento County, in the location commonly known as Diablo Canyon in San Luis Obispo County, and near the City of Pittsburg in Contra Costa County. 25503. Each notice of intention to file an application shall contain at least three alternative sites and related facilities, at least one of which shall not be located in whole or in part in the coastal zone. In addition, the alternative sites and related electrical facilities may be proposed from an inventory of sites which have previously been approved by the commission in a notice of intent or may be proposed from sites previously examined. If modification of an existing facility LS proposed, the commission may require that alternative methods of providing the additional service or making the proposed modification be specified in the notice. 2,%304. The notice of intention shall include a statement by the applicant describing the location of the proposed sites by section or sections, range qnd township, and county; a summary of the proposed design criteria of the facilities; the type or types of fuels to be used; the methods of construction and operation; the proposed location of facilities and structures on each site; a pieliminary statement of the relative economic, technological, and environmental advantages and disadvantages of the alternative site and related facility proposals; a statement of need for the facility and information showing the compatibility of the proposals with the most recent biennial report issued pursuant to Section 245@; and any other information that an electric utility deems desirable to subn-,Lit to the conuTLission. 25504.5. An applicant may, in the notice, propose a site to be approved which will accommodate a potential maximum electric generating capacity in: excess of the capacity being proposed for the initial approval of the commission. If such a proposal is made,- the notice shall include, but not be limited to, in addition to the information specified in Section 255N, all of the following: (a) The number, type, and energy source of electric generating units which the site is proposed ultimately to accommodate and the maximum generating- capacity for each unit. (b) The projected installation schedule for each unit. (c) The impact at the site when fully developed, on the 2 1575 405 101 -23- Ch. Z76 environment and public health and safety. (d) The amount and sources of cooling water needed at the fully developed site@ (e) The location. and specifications of auxiliary facilities planned for each!@tate of development including, but not limited to, pipelines, waste storage facilitim fuel storage facilitim switchyards, coolant lines, coolant outfalls,- and cooling pon4 lakes, or towers. MM. Upon receipt of a notice, the commission shall cause a summary of the notice to be published in a newspaper of general circulation in each county in which the sites and related facilities, or any part thereof, designated in' the notice are proposed to be located. The commission shall also transmit, a copy of the notice to the Public Utilities Commission, for. sites and related facilities requiring a certificate of public convenience and necessity, and to other federal, state, regionali and local agencies having an interest in matters pertinent to the proposed facilities at any of the alternative sites. A copy of the notice shall also be transmitted to the Attorney I"-neral. ZWK The commission shall request the approphu. - local, regional, state, and federal agencies to make comments and recommendations regarding the design, operation, and location of the facilities designated in the notice, in relation to environmental quality, public health and safety, and other factors on which they may have expertise. 2350&5. The commission shall request the Public Utilities Commission, for sites and related facilities requiring a certificate of public convenience and necessity, to make comments and recommendations regarding the design, operation, and location of the facilities'. designated in the notice in relation to the econornic, financial, rate, system reliability, and service implications of the proposed facilities. 25WT. If any alternative site and related facility proposed in the notice is proposed to be located, in whole or in part, within the coastal zone and if a permit for such a site and related fikcihty is required to be obtained from the CAlifornia, Coastal Zone Conservatiozi Commission, the commission shall transmit a copy of the notice to the California Coastal Zone Conservation Commisdon. The commission shall request,that the CAlifornia C4as;W Zone Copservation Commission complete an analysis of any coastal zone site and related facility and f;rward preliminary findinp of the ty of any such. site and related facility prior to completion Of preliminary report required by Section 25510. 2&%& The commission shall cooperate with, and render advice to, the California Coastal Zone Codservation Commission and any. appropriate regional coastal zone conservation commission in studying applications for any site and related facility proposed to. be located, in whole or in part, within the permit area, if requested by the California Coastal Zone Conservation Commission or a regional coastal zone conservation conunission. and may invite the members 2 M 4M 106 Ch. 276 -24- of the California Coastal Zone Conservation Commission and regional coastal zone conservation commissions to participate in public hearings on. the notice and on the application for site and related facility certification, in connection with matters of mutual concern, as interested parties in such proceedings. 255M. 'Me conu-nission shall conduct a public informational hearing or hearings in the county of the proposed sites and related facilities no earlier than 60 nor later than 90. days from receipt of a notice of intention to file an application. The place of such public informational hearing or hearings shall be as close as practicable to the proposed sites. Any person may participate to the extent deemed reasonable and relevant by the presiding member of the commission, in any such hearing. Such hearings on the original three sites and relate*d facilities shall be concluded within 90 days of their commencement. Such hearings shall be conducted in order to accomplish'all of the following purposes: (a) To set forth the electrical demand basis for the proposed site and related facility. (b) To provide knowledge and understanding of proposed facilities and sites. (c) To obtain the views and comments of the public and concerned governmental agencies on the environmental, public health and safety, economic, social, and land use impacts of the facility at the proposed sites. (d) To solicit information regarding reasonable alternative sources of the electric generating capacity or energy to be provided by alternative sites and related facilities, or combinations thereof, which will better carry out the policies and objectives of this division. 25510. Within 90 days after the conclusion of such hearing or hearings, the commission shall prepare and make public a preliminary report on the notice of intention to file in application. Such report " contain the cornments and recommendations of local authorities as to the construction of any thermal powerplant or electric transmission line on a particular site. The commission may include within the preliminary report any other alternatives proposed by the commission or presented to the commission at a public hearing prior to preparation of the preliminary report. The preliminary report shall be published and made available to the public and to interested local, regional, state, and federal agencies. 25511. Ile commission shall review the factors related to safety and reliability of the facilities at each of the alternative sites designated in the notice. In addition to other information requested of the applicant, the commission shall,. in determining the appropriateness of sites and related facilities, require detailed information on proposed emergency systems and safety precautions, plans for transport, handling and storage of wastes and fuels, proposed methods to prevent illegal diversion of nuclear fuels, special design features to account for seismic and other potential 2 1573 450 110 -25- Ch. 276 hazards, proposed methods to control density of population in areas surrounding nuclear powerplants, and such other information as the commission may determine to be relevant to the reliability and safety of the facility at the proposed sites. 7be commission shall analyze the information provided by the applicant, supplemeating it,'where necessary, by onsite investigations and other studie3.-The commission shall determine the adequacy of measures .proposed by the applicant to protect public health and safety, and shaH include its findings in the preliminary report required by Section 25510. 25512. The preliminary report shall be based upon testimony presented during any hearing on - the notice, the comments transmitted by the Public Utilities Cornmission and local, regional, state, and.federal agencies and theL public to the commission, and the independent studies conducted by the comriiission's staff. The preliminary report shall include findings and conclusions, within the limitation of the information required in Sections IMM 2MM, Z5504, and 25511, with respect to all. of the fbUowing: I (a) The degree to which each alternative site and related facility designated in the notice or presented at a hearing and ed by the commission is in conformity with both of the Wowing: The forecast of statewide and service area electric power demands adopted pursuant toSection 2M, except as provided in Section MO. (2) Applicable locaL regional, state, and federal standards, ordinances, and laws. (b) Ile relative merit of each alternative site and related, facility proposal designated in the notice or presented at a public hearing and considered. by the commission. (c) The safety and reliability of the facility or facilities at each of the sites designated in the notice as determined by the commission pursuant to Section 25511. 25513. Within 30 days of the publication of the preliminary report, a copy of the. report will be distributed to any person requesting the report prior to distribution. Any such person may respond in writing to the preliminary report. Such response shall be submitted to the commission no later than 60 days after distribution of the report. .25514. No later than 120 days after distribution of the preliminary ,report, a final report shall be prepared and distributed. The final report shall include, but not be limited -to, all of the following: (a) 7be findings and conclusions of the commission regarding the cor&rmity of alternative sites and related facilities designated in the notice or presented at the informational hearing or hearings and reviewed by the commission with both of the following: 11) The 10-year forecast of statewide arid service area electric power demands adopted pursuant to subdivision (b) of Section 25M, except as provided in Section 25514.5. 2 1373 470 114 Ch. 276 -26- (2) Ile provisions of any state law or local or regional ordinance or regulation, including any long-range land use plans or guidelines adopted by the state or by any local or regional planning agency, which would be applicable but for the exclusive authority of the commission to certify sites and related facilities; and the standards adopted by the commission pursuant to Section -25216.3. (b) Any findings and comments submitted by the California Coastal Zone Conservation Commission or any regional coastal zone conservation commission regarding conformity of an), siting alternative proposed.in the coastal zone with policies, regulations, or guidelines established by the commission. Such findings and comments. however, shall not constitute approval of any permit required from any regional coastal zone conservation commission or California, CoasW Zone Conservation Commission on appeal. (c) 7be conunission's findings on the acceptability of each alternative siting proposal designated in the notice or presented at the hearings and reviewed by the commission. In its findings on any alternative siting proposal, the commission may specify modification in the design, construction, location, or other conditions. which will meet the standards, policies, and . guidelines established by the commission. (d) Any conditions, modifications, or criteria proposed for any site and related facility proposal resulting from the commission's evaluation pursuant to subdivision (c) of Section 2551.2. 25514.3. In specifying any modifications, conditions, or criteria pursuant to Section 23514, for 'Sites and related facilities requiring a certificate of public convenience and necessity, the commission shall request the comments and recornmendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of such modifications, conditions, or criteria. 25514.5. In considering the acceptability of a site proposed to accommodate ultimately additional poweT-generating capacity, the commission, in determining, pursuant to Sections 25514 and 25512, the conformity of the facilities proposed in the notice %ith the 10-year forecast of statewide and service area electric power demands adopted pursuant to subdivision (b) of Section 25309, shall base its determination only on such initial facilities as are proposed for operation within the forthcoming 10-year period. -Additional facilities projected to be operating at the site at a time beyond the forthcoming 10-year period shall not be considered in the determination of conformity with the electric power demand forecast. 25515. \o later than 30 days after the final report is distributed, a hearing or hearings on the final report shaH be commenced. Such hearings shall be concluded within 30 days of their commencement. 25516. The approval of the notice by the commission shall be based upon findings pursuant to Section 25514. The commission's decision shall be i%sut-d within 60 days after the conclusion of the 2 1575 485 117 -27- Ch. Z76 hearings on the final report. The notice shall not be approved unless the commission finds at least two alternative site and related facility proposals considered in the commission's final report as acceptable. if the commission does not find at least two sites and related facilities acceptable, additional sites and related facilities may be propored by the applicant which shall; be considered in the same manner as those I" in. the original notice. If the commission finds that a good faith effort has been made by the person submitting the notice to find an acceptable alternative site and related facility and that there is only one acceptable site and related facility among those submitted, the commission may approve the notice based on the one site and related facility. If a notice is approved based on one site and related facility, the commission may require a new notice to be filed to identify acceptable alternative sites and related facilities for the one site and related facility approved.. U the commission finds that additional electric generating capacity is needed to accommodate the electric power demand forecast pursuant to subdivision, (b) of Section 25M and, after the commission finds that a good faith effort was made by the person' submitting the notice to propose an acceptable site and related facility, it fails to find any proposed site and related facility to be acceptable, the commission shaU designate, at the request of and at the expense of the person submitting the notice, a feasible site and related facility for providing the needed electric generating capacity. 2551&5. On a notice which proposes an expanded ultimate electric generating capacity for a site, the commission may, based upon findings pursuant to Section 25514, either approve the notice only for the initial facility or facilities proposed for operation within the forthcoming 10-year period or may approve the notice for the initial facility or facilities and find the site acceptable for additional generating capacity of the type tentatively proposed. The maximum allowable-amount and type of such additional capacity shall be determined by the commission. U a. notice is approved which includes a finding that a particular site is suitable to accorrunodate a particular additional generating capacity, the site shall be designated 4 potential multiple-facility site. conunission may, in determining the acceptability of a potential Multiple-fatility site, specify conditions or criteria necessary to insure that future additional, facilities will not exceed the limitations of the site. 25517. .Excbpt as provided in Sections 25501 and, 25501.3, after the effective date of this division, no construction of any thermal powerplant or electric transmission line shall be commenced by any electric utility without first obtaining certification 3S prescribed in this division. Any onsite improvements not qualifying as construction may be required to be restored as determined by the commission as 2 1373 310 122 Ch. 276 -28- necessary to protect the environment, if certification is denied. 2551& Except as provided in subdivision (b) of Section 25501, the Public Utilities Commission shall issue no certificate of public convenience and necessity for a site or related electrical facilities unless the utility has obtained a certificate from the commission. 2MM5. Nothing in this division shall preclude the concurrent initiation of an application for a certificate of public convenience and necessity from the Public Utilities Commission subject to the condition specified in Section 253M 25519. (a) In order to obtain certification for a site and related facility, an application for certification of such site and related facility shall be filed with the commission. Such application shall be in a form prescribed by the commission and shall be filed with the commission no later than 18 months before any construction is to commence. Sucb application shall be for a site and related facility which has been found to be acceptable by the commission, pursuant to Section 25516, or for an additional facility at a site which has been designated a potential multiple-faciW site pursuant to Section 25514.5 and found to be acceptable pursuant to Sections 25516 and 25516.5. An appliocation for an additional facility at a potential multiple-facility site shall be subject to:the conditions and review specified in Section 25M.5. An application may not be filed for a site and related facility, if there is no suitable alternative for the site and related facility which was previously found to be acceptable by the commission, unless the commissimi has approved the notice based on the one site as specified in Section 25516. (b) The conimissioni upon its own motion or in response to the request of any party, may require the i0plicant to submit any information, document, or data, in addition to the attachments required by subdivision . (i), which it determines is reasonably necessary to make any decision on the applicatiort. (c) Upon receipt of the application, the commission shall undertake studies and investigations necessary to comply with the environmental impact reporting procedures established pursuant to Section 21100. For purposes of preparation and approval of the environmental impact report on a proposed site and-related facility, the commission shall be the lead agency as provided in Section 21165, except as to any site and related facility proposed to be located within the permit area if a permit from the California Coastal Zone Conservation Commission is required. Except as otherwise provided in Division 13 (commencing with Section 21000), the environmental impact report shall be completed within one year after receipt of the application. (d) If the sifA and related facility specified in the application is proposed to be jocated in the coastal zone.and a permit is required from the California Coastal Zone Conservation Commission, the commission shall transmit a copy of the application -) the California Coastal Zone. Conservation Commission for its review and 2 1373 &35 127 29 Ch. 276 comments. (e) Upon receipt of an application, the commission shall forward the application to local governmental agencies having land use and related jurisdiction in the area of the proposed site and related facility. Such local agencies shall review the application and submit commen 'ts on, among other things, the design of facility, ' i features ofthe facility, access to highways, architectural and aesthetic landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. (f) Upon receipt of an application, the commission shall cause a summary of the application to be published in a newspaper of general circulation in the county in which the site and related facilities, or any part thereof, designated in the application, is proposed to be located. 7he commission shall transmit a copy of the application to each federal and state agency having jurisdiction or special interest in matters pertinent to the proposed site and related facilities, and to the Attorney General. (g) The adviser shall require that adequate notice is given to the public and that the procedures specified by this division, are complied with. (h) For any proposed site and related facility requiring a certificate of public convenience and necessity, the commission shall transmit a copy of the application to the Public Utilities Commission and request the comments and recommendations of the Public Utilities Commission on the economic, financial, rate, system reliability, and service implications of the proposed site and related f"ty. @ In the event the commission requires modification of the proposed facility, the commission shall consult with the Public Utilities Commission regarding the economic, financial, rate, system reliability, and service implications of such modifications. (i) The commission shall transmit a copy of the application to any governmental agency not specifically mentioned in this act, but which it finds has any information or interest in the proposed site and related facilities, and shall invite the comments and recommendations of each such agency.Me commission shall request any relevant laws, ordinances@ or regulations which any such agency has promulgated or administered. 0) An application @forr certification of any site and related facilities shall contain a listing of every federal agency from which any approval or authorization. concern, ing. the proposed site is required, specifying the approvals or authonzations obtained at the time of the application and the schedule for obtaining any approvals or authorizations pending. 25520. The application shall contain the following and such other information as the commission by regulation may require: (a) A detailed description of the design, construction, and operation of the proposed facility. 2 1575 W 132 Ch. 276 -30- (b)_ Safety and rehabdity information, including, in addition to documentation previously provided pursuant to Section 25511, planned provisions for emergency operations and shutdowns. (6) Available site information, including maps and descriptions of present and proposed development and, as appropriate, geological, aesthetic, ecological, seismic, water supply, population and load center data, and justification for the particular site proposed. (d) Such other information relating to the design, operation, and siting of the facility as the commission may specify. (e) A statement of need providing information showing compatibility of the proposed facility with the most recent biennial report issued by the commission pursuant to Section 25309. (f) A description of the facility, the cost of the facility, the fuel to be used ' the source of fuel, fuel cost, plant service life and capacity factor, and generating cost per kilowatt hour. (g) A description of any electric transmission lines including the estixmted cost of the proposed electric transmission line; a map in suitable scale of the proposed routing showing details of the rights-of-way in the vicinity of settledareas, parks, recreational areas, and scenic areas, and existing transmission lines within one mile of the proposed route; and justification. for the route and a preliminary description of the effect of the proposed electric transmission line on the environment, ecology, and scenic, historic and recreational values. 25520.3. (a) In reviewing an application for an additional facility at a potential multiple-facility site, the commission shall undertake a reconsideration of its prior determinations in the final report on the notice for the site issued pursuant to Section 25514, based on current conditions and other reasonable and feasible alternatives to the proposed facility. (b) Within 180 days of the filing of the application for an additional facility at a potential multiple-facility site and after adequate public hearings, the commission shall issue its decision on the acceptability of the proposed - facility based on the reconsideration specified in subdivision (a) - of this section'. A negative determination shall be the final decision of the commission on the application and subject to judicial review pursuant to Section 25ML An affirmative determination shall not be a final decision of the commission on the application. (c) The decision of the commission on an application for an additional: facility at- a potential multiple-facility site receiving a favorable determination pursuant to subdivision (b) of this section shall be issued within 24 months after the filing of the application or at such Iiiter time as is mutually agreed upon by the commission and the applicant. 25521. No earlier than 90 nor later than 240 days after. the date of the filing of an application, the commission shall commence a public hearing or hearings thereon in. Sacramento, San Francisco, Los 2 1575 SW 136 Ch. 276 Angeles, or San Diego, whichever city is nearest the proposed site. Additionally, the commission may hold a hearing or hearings in the county in which the proposed site and related facilities are to be located. 25= Except as provided in subdivision (c) of Section 25520.5, within 18 months of the filing of an application for certification or at such later time as is muiujly agreed by the commission and the applicant, the commission shall issue a written decision as to such application. 25523. The commission shall prepare a written decision after a public hearing or hearings on an application, which shall include all of the following: (a) Specific provisions relating to the manner in which the proposed facility is to be designed, sited, and operated in order to protect environmen tal quality and assure public health and safety. (b) Findings regarding the conformity of the proposed site and related facilities with standards adopted by the commission pursuant to Section 25216.3 and subdivision (d) of Section 254M with. public safety standards and the applicable air and water quality standards. and with other relevant local, regional, state, and federal standards, ordininces, or laws. If the commission finds that there is noncompliance with any state, local, or regional ordinance or regulation in the application, it shall consult and meet with the state, local. or regional governmental agency concerned to attempt to correct or eliminate the noncompliance. If the noncompliance cannot be corrected or eliminated. the commission shall inform the state, local. or regional governmental agency if it makes the findings required by Section 25525. (c) F`iovision for restoring the site as necessary to protect the environment. if the commission denies approval of the application. (d) Findings regarding the conformity of the proposed facility with the 10-year, forecast of statewide and ser%ice area electric power demands adopted pursuant to subdivision (b) of Section 25309. 25M. The commission shall not certify any facility contained in the application, unless its findings with respect to subdi%ision (d) of Section 25523 are in the affirmative. 25524.5. The comn-dssion shall not certify any facility which Adds generating capacity t6 a potential multiple-facility site in excess of the maximum allowable capacity established by the commission pursuant to Section .25516.5, unless the commission finds that exceeding the maximum, allowable capacity will not increase adveTSC environmental impacts or create technological, seismic, or other difficulties beyond those already found acceptable in the commission's findings on the. notice for that site pursuant to Sections 25516 and 25516-5. 25M. The commission shall not certify any facilit% contained in the application when it finds, pursuant to subdivision (b) of Section that the facility does not conform %ith any applicable state. 2 1575 MIL? 140 Ch. 276 -32- local, or regional standards, ordinances, or laws, unless th -e commission determines that such facility is required for public convenience and necessity and, that there are not more prudent and feasible means of achieving such public convenience and necessity. In no event shall the commission make any finding in conflict with i applicable federal law or regulation. The basis for such findin .gs shall be reduced to writing and submitted as part of the record pursuant to Section 25523. 25M. The commission may certify any facility contained in the application which is proposed to be located, in whole or in part, within the permit area unless a permit from the California Coastal Zone Conservation Commission is required, in which case such permit shall be obtained before the certificate may be granted. Approval of a permit by any regional coastal zone conservation commission, or the California Coastal Zone Conservation Commission on appeal, shall 'not affect the authority of the commission to deny certification for any facility contained in the application, as provided in this division. 25527. The following areas of the state shall not be approved as a site for a facility, unless the commission finds that such use is not inconsistent with the primary uses of such lands and that there will be no substantial adverse environmental effects and the approval of any public agency having ownership or control of such lands is obtained: (a) State, regional, county and city parks; wilderness, scenic or natural reserves; areas for wildlife protection, recreation, historic preservation; or natural preservation areas in existence on the ,effective date of this division. (b) Estuaries in an essentially natural and undeveloped state. In considering applications for certification, the commission shall give the greatest consideration to the need for protecting areas of critical environmental concern, including, but not limited to, unique and irreplaceable scientific, scenic, and educational wildlife habitats; unique historical, archaeological, and cultural sites; lands -of hazardous concern; and areas under consideration by the state or the United States for wilderness, or wildlife and game reserves. 25528. (a) The commission shall require, as a condition of certification of any site and related facility, that the applicant acquire, by grant or contract, the right to prohibit development of privately owned lands in the area of the proposed site which will result in population densities in excess of the maximum population densities which the, commission determines, as to the factors considered by the commission pursuant to Section 25511, are, .necessary to protect public health and safety. The power of condemnation is hereby granted to the applicant to acquire such development rights and the requirement of the commission that any such rights be acquired is a conclusive finding of the public necessity of such condemnation; provided, however, that nothing in this 2 1573 613 144 -33- Ch. 276 division grants or extends a right of condemnation to any person or applicant who has not otherwise been granted such right under any other provision of law prior to the effective date of this division. (b) In the case of an application for a nuclear facility, the area and population density necessary to insure the public's health and safety designated by the commission shall be that as determined from time to time by the United States Atomic Energy Commission, if the commission finds that such determination is sufficiently definitive for valid land use planning requirements. (c) 7%e commission shall- waive the requirernents of the acquisition of development rights by an applicant to the extent that the commission finds that existing governmental land use restrictions are of a type necesaary and sufficient to guarantee the maintenance of population levels and land use development over the lifetime of thi filcility which will insure the public health and safety requirements set pursuant to this section. (d) No change in governmental land use restrictions. in such areas designated. in subdivision (c) of this section by any government agency shall be effective until approved by the commission. Such approval shall certify that the change in land use restrictions is not in conflict with requirements provided for by this section.. (e) It is not the intent of the Legislature by the enactment of this section to take private property for public use without,payment of just compensation in violation of the United States Constitution or the Constitution of California. 25M. When a facility is proposed to be located in the coastal zone or any other area with recreational, scenic, or historic value, the commission shall require, as a condition of certification of any facility contained in the application, that an area be established for public use, as determined by thele6nunission. Lands within such area shall be acquired and maintained by the. applicant and shall be available for public access and use, subject to restrictions required for security and public safety.. The applicant may dedicate such public use zone to any local agency agreeing to operate or maintain it for the benefit of the public. If no local agency agrees to operate or maintain the publieuse zone for the benefit of the public, the applicant may dedicate.such zone to the state. 7be commission shall also require that any facility to be located gong the coat or shoreline of any major.body of water be set back from the shoreline to pernidt reasonable public use and to protect scenic and aesthetic values. 25M. The commission may order a reconsideration of all or part of a decision or order on its own motion or on petition of any party. Any such petition shall be filed within 30 days after adoption by the commission of a decision or order. ne commission shall not order a reconsideration on its own motion more than 30 days after it has adopted a decision or order. The commission shall order or deny reconsideration on a petition therefor within 30 days after the petition is filed. 2--ch 276 2 1573 630 148 Ch. Z76 -34- decision or order may be reconsidered by the commission on the basis of all pertinent portions of the record together with such argument as the commission may permit or the commission may hold a fwfflw hearing, after notice to all interested persons. A decision or order of the cominission on reconsideration shall have the same fam and effect as an original order or decision. 2WI. (a) 'Me decisions of the conunission on any application of any electric utilit@ for certification of a site and related facility shall be subject to judicial review in the same manner as the decisions of the Public Utilities Commission on the,application for a Certificate of Publk Convenience and Necessity for. the same site and related facility. (b) No new or additional evidence may be introduced upon review and the cause shall be heard on the record of the comr russion as certified to by iL T'he review sliall not be extended further than to determine whether the commission has regularly pursued its authority. including a determination of whether the order or decision under review violates any right of the petitioner under the United States Constitution or the Cahfornia@ Constitution. The findings and conclusions of the commission on questions of fact shall be final and shall not be subject to review, except as provided in this article. Such questions of fact shall include ultimate facts and the findings and conclusions of the commission. A, report prepared by, or an approval of, the commission pursuant to Section 25510, 25514, 25516, or 2551&5, or subdivision (b) of Section 25M.5, shall not constitute a decision of the commission subject to judicial review. (c) Subject to t 'he. right of judicial review of decisions'of the commission, no court in this state shall have jurisdiction to hear or determine any case or controversy concerning any matter which was, or could have been, determined in a proceeding before the commission, or to stop or delay the construction or operation of any thermal powerplant except to enforce compliance with the provisions of a decision of the commission. 25= The commission shall establish a monitoring system to assure that any facility certified under this division is constructed and is operating in compliance with air and water quality, public health and safety, and other applicable regulations, guidelines, and conditions adopted or established by the comnussion or specified in the written decision on the application. In designing and operating the monitoring system, the commission shall seek the cooperation and assistance of the State Air Resources Board, the State Water Resources Control Board, the Department of Health, and other statei regional, and local agencies which have an interest in environmental control. 2&%4. 'Me commission may after hearings amend the conditions of, or revoke the certification for, any facility for any of the following reasons: (a) For any material false statement set forth in the application, 2 1575 655 153 -35-. Ch. 276 presented in proceedings of the commission, or included in supplemental documentation provided by the applicant. (b) For other than insignificant failure to comply with the terms or conditions of approval of the application as specified by the commission in its written decision. (c) For violation of any provision of this division or any regulation or order issued by the commission, under this division. 25M. Such cost as the- applicant incurs to comply 'With the decision of the commission shall be allowed for ratemaking purposes. 25M. Pending completion of the statewide and service area forecasts of electric power demand specified in Section 25M. the commission shall'utilize as an interim forecast for purposes of determining the acceptability of alternative site and related facility proposals as provided in subdivision (a) of Section 25514 and subdivision (d) of Section 25M, the 10-year forecast of loads and resources prepared by the Public Utilities Commission from reports required or submitted as of March 31,1974, under Sections 2 and 3 of General Order 131 of the Public Utilities Commission. On the first June Ist and. the second June Ist following the effective date of this division, the commission shall commence public hearings, at least one of which shall be in the City of Sacramento. Any person may participate in any such hearings. The hearing shall be conducted to secure the views and comments of the public, the electric utilities, other state and federal agencies, and city and county governments regarding revision of the interim forecasts based on the considerations specified in Section 2.53041 and on updated information regarding forecast loads and. resources submitted by any electric utility. Such hearings shall be concluded within 30 days from the date of their commencement.. Within 60 days of the conclusion of the hearings specified in this section, the commission shall issue a fial report specifying theyevisions, if any, to the interim forecast. The report shall be based upon the information and views presented at the public he- rings and the commission's independent analysis. 2W7. Upon approval of an application, the commission shall forward to the Atomic Energy Commission, the Environmental Protec*tion Agency, and to. other appropriate' federal agencies, the results of its studies including the environmental impact report on the facility, the written decision. on,the facility contained in the application, and the commission's determination of facility safety and reliability as provided in Secti6n 25511. 2MIX Upon receiving the commission's request for -review under subdivision (e) of Section 25519 and Section 255,06, the local agency may request a fee from the commission to reimburse the local agency for the actual and added costs of such review by the local agency. Ile commission shall reimburse the local agency for such added costs that shall be actually incurred by the local agency in complying with the commission's request. 7be commission may request a fee from the person proposing the project or may devote 2 IMS 670 156 CIL 276 -36- a special fund in its budget for the reimbursement of costs incurred by local agencie& 25W9. In reviewing notices and applications for certification of modifications of existing facilities, the commission shall adopt rules and regulations as necessary to insure that relevant duties pursuant to this division are carried out. ZSW. If a person proposes to construct a geothermal powerplant and related facility or facilities on a site, the commission shall not require three alternative sites and related facilities to be proposed in the notice. In considering the proposed construction of a geothermal powerplant and related facilities on a site, the commission shall issue its findings on the notice as specified in Section 25516 within nine m the date of filing of such notice, and shall issue its final and decision on the application as specified in Section 25523 within nine months from the date of filing of the application for certification, or at.such later time as is mutually agreed by the commission and the applicant or person submitting the notice. WMI. 17U commission may exempt from the provisions of this chapter thermal powerplants with a generating capacity of up to 100 megawatts and modifications to existing generating facilities which do not add capacity in excess of 100 megawatts, if -the commission finds both of the Following- (a) No substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications. (b) Generating capacity will not be added which is substantially in excess of the. forecast of electrical energy demands adopted pursuant to subdivision (b) of Section 25309. 25542. In the case of any site and related facility or facilities for which the provisions of this division do not apply, the exclusive power given to the commission pursuant to Section 255M to certify sites and related facilities shall not be in effect. CHAPrEm 7.' REsEARcH AND DEVEWPMENT 25M. 7be commission shall develop and coordinate a program of research and development in energy supply, consumption, and conservation and the technology of siting facilities and shall give priority to those forms of research and. development which are of particular importance to the state, including, but not limited to. all of the following: (a) Methods of energy conservation specified in Chapter 5 (commencing with Section 2UM). (b) Increased energy use efficiencies of existing thermal electric and hydroelectric powerplants and increased energy efficiencies in designs of thermal electric and hydroelectric powerplants. (c) Ex:ploration and accelerated development of alternative sources of energy, including geothermal and solar energy resources. 2 1573 685 139 -37- Ch. 276 (d) Improved methods of construction, design, and operation of facilities to protect against seismic hazards. (e) Improved methods of energy demand forecasting. 25601. The commmon shall carry out technical assessment studies on all forms of energy and energy related problems, in order to influence federal research and development priorities and to be informed on future energy options and their impacts, including, in addition to those problems specified in Section Z%W, but not limited to, the following: (a) Advanced nuclear poweiplant concepts, Ftision, and fuel cells. (b) Total energy concepts. (c) New technology related to coastal and offshore siting of facilities. (d) Expanded use of wastewater as cooli@g water and other advances in powerplant cooling. (e) Improved methods of power transmission to permit interstate and interregional transfer and exchange of bulk electric power. (f) Measures to reduce wasteful and inefficient uses of energy. (g) Shifts in rtation modes and changes in transportation technology in re tion to implications for energy consumption. (h) Methods of recycling'. extraction, processing, fabricating, handling, or disposing of materials, especially materials which require large commitments of energy. ,0) Expanded recycling of materials and its effect on energy consumption. 0) Implications of government subsidies and taxation and ratesetting policies. (k) Utilization of waste heat. (I) Use of hydrogen as an energy form. (m) Use of agricultural products, municipal wastes, and organic refuse as an energy source. Such assessments may also be conducted in order to determine which energy systems among competing. technologies are most compatible with standards established pursuant to this division. L"M For research purposes, the commission shalL in cooperation with other ;tate agencies, participate in the design, construction, and operation of energy conserving buildings i data developed pursuant to Section 25401, in order to demonstrate the: economic and technical feasibility of such designs. . Beginning with, and for, the 1976-77 fiscal year, the commission shall submit. to the Governor for inclusion in the state budget an integrated program of I Proposed research and development and technical assessment.projects set forth on an iten2-by4tern basis including the priority items established in Sections WWO, 25601, and 2MM The commmon shall describe for each item the objectives and anticipated end product of each project, funding and staff requirements, timin and other information which is necessary to describe the projects adequately. As part of each I I= 7W 162 Ch. 276 -381- @submission, the commission shall describe the progress of its programs. 25M4. For purposes of carrying out the provisiem of this chapter, the commission may contract with any person for materials and services that cannot be performed by its staff or other state agencies, and may apply for federal grants or any other funding. CHAPTER 8. ENERGY SHORTAGE CONTINGENCY PLANNING 25700. 'Me commission shall, in accordance with the provisions of this chaptert develop contingency plans to deal with possible shortages of electrical energy or fuel supplies to protect public health, safety, and welfare. 25701. (a) Within six months after the. effective date of this dividon, each electric utility, gas utility, and fuel wholesaler or manufacturer in the state shall prepare and submit to the commission a proposed emergency load curtailment plan or emergency energy.supply distribution plan setting forth propoials; for identib-ing priority leads or users in the event of a sudden and serious shortage of fuels or interruption in the generation of electricity. (b) The commission shall encourage electric utilities to cooperate in joint preparation of an emergency load curtailment plan or emergency energy distribution plan. If such a cooperative plan is developed between two or more electric utilities, such utilities may submit such joint plans to the commission in place of individual plans required by subdivision (a) of this section. (c) 'Me commission shall-collect from all relevant goverrunental agencies, including. but not limited to, the Public Utilities Commission and the Office of Emergency Services, any existing conftgency plans for dealing with sudden energy shortages or information related thereto. 25702. The commissiou shall, after one or more public hearings, review the emergency load curtailment program plans or energy supply distribution plans submitted pursuant to Section 25701. and, within one year after the effective date of this dividon, the commission sk" approve and recommend to the Governor and the Lestidature plans for emergency load curtailment and energy supply distribution, in the event of a sudden energy shortage. Such plans shall be based upon the plans presented, by the electric utilities, ps utilities, and fuel wholesalers or manufacturers, F- 9 mation provided by other governmental agencies, independent analysis and study by the commission and information provided at the hearing or hearings. Such plans shall provide for the provision of essential services, the protection of public health, safety, and welfare, and the of a sound basic state economy. Provision shall be made in such plans to eliminate wasteful, uneconomic, and 2 15n 713 165 -39- Ch. r76 unnecessary uses of energy in times of shortages and to difFerentiate curtailment of energy consumption by users on the basis of ability to accommodate such curtailments. Such plans shall also specify the author@ity of and recommend the appropriate actions of state and local governmental agencies in dealing with energy shortages. 25M. Within, four months after the date of certification of any new faciW, the commission shall review and revise the recommended plaiis based on additional new capacity attributed to any such facility. The commission shall, after one or more public hearings, review the plans at least every five years from the approval of the initial plan as specified in Section 25702. 25704. The commission shall carry out studies to'determine if potential serious shortages of electrical, natural gas, or other sources of energy are likely to occur and shall make recommendations to the Governor and the Legislature concerning administrative and legislative actions required to avert possible energy supply emergencies or serious fuelshortages; including, but not limited.to, energy conservation and energy development measures, to grant authority to specific governmental agencies or officers to take actions in the event of a sudden energy shortage, and to. clarify and coordinate existing responsibilities for energy, emergency actions. 25705. If the commission determines that all reasonable conservation, allocation, and service restriction measures will not alleviate an energy supply emergency, and upon a declaration by the Governor or by an act of the Leidslatil that a threat to public health, safety, and welfare exists and requires immediate action, the commission may authorize the construction and use of generating facilities not to exceed 250 megawatts net electrical generating capacity per unit under such terms and conditions as specified by the c*mmission to protect the public interest.. Within 6D days after the authorization of construction and use of such generating facilities, the commission shall issue a report detailing the full nature, extent, and estimated duration of the emergency situation and making recommendations to the Governor and the Legislature for further energy conservation and energy supply measures to alleviate the emergency situation as alternatives to use of such generating facilities. The commission shall include, among the recommendations specified in Section 25704, suggestions For modifying the maximurn dze limit for generating facilities specified in this sectiom CUAFTER 9. STATE ENERcy REwtmczs CONSERVATION AND DEvEwpursT SP=LAL-AccouNT 258W. There is in the General Fund in the State Treantry the State Energy Resources Conservation and Development Special Account. On and after the effective date of this dividon, each electric utility shall add a surcharge of one-tenth of a mill ($O.OWI) per 2 I= M 170 Ch. 276 7-40- kilowatt-hour to the cost of electric power sold to consumers in the state; provided, however, that after January 1, 1976, the State Board of Equalization shall establish a surcharge rate in accordance with the following schedule which shall be sufficient to provide the revenue necemry to fund expenditures from the account appropriated by the Legislature in the Budget. Act for the 1975-76 fiscal year and each fiscal year thereafter; and provided, further, that such increases shall become effective on September 1 of the year in which the State Board of Equalization establishes that an increase or decrease in accordance with the following schedule is necessary to produce sufficient revenues to fund the appropriations contained in the. Budget Act: Schedule. One-tenth of a mill ($0.0001). Eleven hundredths of a mill ($0.00011). Twelve hundredths of a mill ($0.00012). Thirteen hundredths of a mill ($0.00013). Fourteen hundredths of a mill ($0.00014). Fifteen hundredths of a mill ($0.00015). Sixteen hundredths of a mill ($0.00016). Seventeenhundredths of a mill ($0 *00017).. Eighteen hundredths of a mill 00.00018). Ninetem hundredths of a mill ($0.00019). Two-tenths of a mill ($0.0002). The State Board of Equalization shall.notify every electric utility oi the rate established pursuant to this section, and every electric utility shall report all surcharges in the manner and on the forms as prescribed by the State Board of Equalization. 2NDI. Every electric utility shall make quarterly payments, commencing on April 1, 1975, to the State Board of Equalization of all surcharges applicableunder the provisions of Section 25800. @ 2NM Each person who submits to the commission a notice of intent for any proposed generating facility shall accompany the notice with a fee of one cent ($0.01) per kilowatt of net electric capacity of the proposed generation facility. Such fee shall only be paid on one of the alternate proposed, facility sites which has the highest electrical designed capacity. Inn%) event shall such fee be less than one thousand dollars ($1,000) nor more than twenty-five, thousand. IdIDIIM ($0,M). For any other facility, the notice shall be accompanied by a fee of five thousand dollars ($5,M). Such fee shaU only be paid on one of the alhmmte proposed facility sites. 2M. AD funds received by the State Board of Equalization pursuant to Sec4ions 2MW and 25MI, and the funds received by the smi pursuant to Section 2NM shaH be remitted to the State 2 1575 775 IT7 41- Ch. 276 Treasurer for deposit in the account. All funds in the account shall be expended for purposes of carrying out the provisions of this division, when appropriated by the Legislature in the Budget Act. CHAVrER 10. ENFonCEMENT AND JUDICIAL REVIEW 259M. Except as provided in Section 25WI, whenever the commission finds that any provision of this division is violated or a violation is threatening to take place which constitutes an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the commission, shall petition a court -to enjoin such violation. The court ohall have jurisdiction to grant such prohibitory or mandatory injunctive relief as may * be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction. 25901. (a) Within 30 days after the commission issues its, determination on any matter specified in this division, except as provided in Section 25531, any aggrieved person may file with the superior court a petition for a writ of mandate for review thereof Failure to file such an action shall not preclude a person from challenging the reasonableness and validity of a decision in any Judicial proceedings brought to enforce such decision For other civil remedies. I b) The evidence before the court shall consist of the record before the comniission, and any other relevant facts which, in the judgrnent of the court, should be considered in determining the validity of any decision of the commission. (c) Except as otherwise provided herein, the provisions of subdivisions (e) and (f) of Section '1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. 259M Any evaluations in the reports required by Sections 25309 and 2&536 and.any findings and determinations on the notice of intent pursuant to Chapter 6 (commencing with Section 2M) of this division shall not be construed as a final evaluation,, finding, or determination by the commission and a court action may not be brought to review any such evaluation, finding, or determination. 23M. if any provision of subdivision (a) of Section 25MI, with respect to judicial review of the decision on certification of a site and related facility, is held invalid, judicial review of such decisions shall be" conducted in the superior court subject to the conditions of subdivision (b), of Section 25531. The superior court shall grant priority in setting such matters for review, and the appeals from any such review shall be given preference in hearings in the Supreme Court and courts of appeaL ftt- I Chapter I I (commencing with Section 19870) of Part 3 of Divisim 13 of the Health and Safety Code is repealed. SEC. 4. Notwithstanding Section 2231 of the Revenue and Taxation Code, there shall be no reimbursement pursuant to that 2 I= 800 182 Ch.276 -42- section nor shall there be any appropriation made by this act for the following reasons: (a) The duties, obligations or responsibilities imposed on local governmental entities as consumers of electric power in the form of the special surcharge are minor in nature and will not cause any financial burden on local government. (b) Self-financing authority is provided in the form of rate increases by Section 12809 of the Public Utilities Code. (c) The Legislature recognizes that during any legislative session a variety of changes to laws relating to crimes and infractions may cause both increased and decreased costs to local governmental entities which in the aggregate, do not result in significant identifiable cost changes. SEC. 5. If any provision of this act or the application thereof to any person or circumstances is held such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or appication, and to this end the provisions of this act are severable. SEC. 6. The Legislature hereby declares that the enactment of Chapter 9 (commencing with Section 25800) of Division 15 of the Public Resources Code by this act does not preempt the field of taxation upon the use of electrical energy and shall not affect the validity of any such tax imposed by a chartered city. SEC. 7. . This act shall become operative on January 7,1975; except that Section 3 of this act shall not become operative until the date one year after the date to the State Energy Resources Conservation and Development Commission adopts regulations for energy insulation for residential buildings pursuant to subdivision (a) of Section 25402 of the Public Resources Code. 2 1575 830 188 APPENDIX IV San Francisco Bay Plan Amendment s No. 1 and No. 2 Map Amendments Resolution No. 16: Priority Use Areas Special Area Plan No. 1: San Francisco Waterfront Advisory Committee Roster BCDC Priority Planning Work Items BCDC Tentative Proposals for use of Section 306 Funds SAN FRANCISCO BAY PLAN CN CONS 'ONO 00 e@ oe V@ge\ lop Olt VS. 49 MAN- HIM,` pi. UP wry 4"'JINT Z, San Francisco Bay Plan San Francisco Bay Conservation and Development Commission January, 1969 mmo "ik Letter of Transmittal STATE OF CALIFORNIA RONALD REAGAN, Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 507 POLK STREET, ROOM 320 SAN FRANCISCO, CALIFORNIA 94102 PHONEz 557-3686 MELVIN B. LANE Chairman WILLIAM D. EVERS V;ce-Cha;rman JOSEPH E. BODOVITZ Executiye Director January 6, 1969 TO GOVERNOR RONALD REAGAN AND @EMBERS OF allE CALIFORNIA LEGISLATURE: We submit herewith our final report -- and our Plan for San Francisco Bay -- as required by the McAteer-Petris,Act (Chapter 1162, Statutes of 1965). As directed by the Act, we have made a detailed study of the Bay and we have used this study to prepare "a comprehensive and enforceable plan for the conservation of the water of San Francisco Bay and tile development of its shoreline." Since September, 1965, we have been meeting twice a month to complete our studies and our plan. We have published reports on 23 different aspects of the Day, on such varied subjects as the importance of marshlands and the needs of waterfront industry. In our work, we have had the assistance of our own staff, the staffs of many other governmental agencies, and specialists in such fields as engineering, biology, governmental finance, meteorology, landscape architecture, urban design, industrial development, recreational planning, real estate appraisal, geology, and soils engineering. As provided by the McAteer-Petris Act, the existence of our Commission will terminate on the 90th day after final adjournment of the 1969 Legislative Session. We therefore respectfully recommend that legislation be passed during the 1969 Session, as proposed in this report, so that there will be no lapse in the efforts begun by the State in 1965 to protect and enhance San Francisco Bay. Sincerely, hul. a 4-4--, MELVIN B. LANE Chairman Table of Contents Page Commissioners, 1965-1969 i Proxies for Commissioners, 1965-1969 BCDC Advisory Committee BCDC Staff iv Principal BCDC Consultants v Part I-Summary I Introduction I Major Conclusions and Policies I Major Plan Proposals 3 Carrying Out the Bay Plan 3 Costs of Carrying Out the Plan 4 Conclusion 4 Definitions 2 Foundations of the Bay Plan 3 Part If-Objectives 7 Part III-The Bay as a Resource: Findings and Policies 9 Fish and Wildlife 9 Water Pollution 10 Smog and Weather 10 Water Surface Area and Volume I I Marshes and Mudflats 11 Fresh Water Inflow 12 Dredging 12 Shell Deposits 13 .Part IV-Development of the Say and Shoreline: Findings and Policies 15 Economic and Population Growth 15 Safety of Fills 15 Water-Related Industry 17 Ports 19 Airports 21 Recreation 23 Salt Ponds and Other Managed Wetlands 27 Transportation 28 Other Uses of the Bay and Shoreline 28 Housing 28 High voltage transmission lines 29 Sewage treatment or waste water reclamation plants 29 Radio transmitters 29 Desalinization and power plants 29 Pipeline terminal and distribution facilities 29 Refuse disposal sites 29 Public Access 29 Appearance and Design 31 Ports 31 Towers, bridges, or other structures 32 Additional surface crossings 32 Access routes to Bay crossings 32 Developments near the mouth of tributary waterways 32 Oil and gas drilling or production platforms 32 "Unnatural" debris 33 Scenic Views of the Bay 33 Page Part V-Carrying Out the Plan 35 A Regional Agency Is Needed 35 Scope of Authority Required 35 Control of Filling and Dredging in the Bay 35 Developing the Bay and Shoreline to Their Highest Potential 37 Applying and Amending the Bay Plan 39 Costs of Carrying Out the Bay Plan 39 Further Research 41 Part VI-The Plan Maps 43 Plan Map 1 Natural Resources of the Bay Plan Map 2 Proposed Major Uses of Bay and Shoreline Plan Map 3 Richmond to Berkeley Plan Map 4 Berkeley to Oakland Plan Map 5 San Leandro, Hayward Plan Map 6 Santa Clara and Southern Alameda Counties Plan Map 7 Coyote Creek Plan Map 8 Southern San Mateo County Plan Map 9 Northern San Mateo County Plan Map 10 Son Francisco and Brisbane Plan Map I I Southern Marin County Plan Map 12 Western San Pablo Bay Plan Map 13 Petaluma River Plan Map 14 Napa Marshes Plan Map 15 Eastern San Pablo Bay Plan Map 16 Carquinez Strait Plan Map 17 Suisun Bay Plan Map 18 Grizzly Bay Plan Map 19 Honker Bay to Collinsville Appendix "A" Appearance and Design General Development Guide Photo Credits Michael Bry: Inside front cover, facing Leiter of Transmittal, pages 6, 34. Sunderland Aerial Photographs, Oakland, California (1966): Facing page 1. Randal Partridge: Pages 4, 5, 42. Richard Persoff: Page 8. Moss Photography: Page 14. In memory of the late Senator J Eugene McAteer, a leader in efforts to plan for the conserva- tion of San Francisco Bay and the development of its shoreline. Martin Meyerson, Acting Chan- COUNTY REPRESENTATIVES Commissionersi cellor of the University of California, (appointed by County Boards'of. Berkeley (appointed by the Supervisors) 1965-1969 Governor) Supervisor Dewe y IK. And .ersen Melville Owen, attorney, Kentfield of Napa County (appointed by the Governor) Hans A. Feibusch, consulting Edward J. Slevin, public relations engineer, San Francisco "0 consultant, San Rafael (appointed Supervisor James V. Fitzgerald by the Senate Rules Committee) of San Mateo County John H. Sutter, attorney, Oakland Supervisor A. C. Harrison of (appointed by the Governor) San Mateo County Mrs. Dean A. Watkins, civic Supervisor James P. Kenny of leader, Portola Valley (appointed by Contra Costa County the Governor) Supervisor James E. Moriarty of FEDERAL REPRESENTATIVES Contra Costa County Col. Robert H. Allan, Son Fran- Supervisor Charles A. Quinn of cisco District Engineer, U. S. Army Santa Clara County Corps of Engineers (appointed by the * Supervisor Emanuel P. Razeto Division Engineer, Army Corps of of Alameda County Engineers, South Pacific Division) * Supervisor Robert B. St. Clair * Col. Frank C. Baerger, San Fran- of San Mateo County cisco District Engineer, U. S. Army * Supervisor Leigh S. Shoemaker Corps of Engineers (appointed by the of Sonoma County Division Engineer, Army Corps of Engineers, South Pacific Division) * Dr. William F. Upton, member of Paul W. Eastman, Regional the Marin County Planning Com- Program Director, Federal Water mission Pollution Control Administration * Alfred L. Wanger, industrial prop- (appointed by the Secretary of erty manager, Solano County Health, Education, and Welfare) * Supervisor Henry M. Wigger * Russell W. Hart, Associate Regional of Napa County Health Director of the U. S. Public Health Service (appointed by the CITY REPRESENTATIVES Secretary of Health, Education, and (appointed by the Association of Bay Welfare) Area Governments) Mayor Wallace Benson of Belmont STATE REPRESENTATIVES * Mayor Ronald R. James of San * Supervisor Peter Behr of Morin J ose County, representing the Bay Area * Councilman Bernice Hubbard PUBLIC REPRESENTATIVES Transportation Study Commission May of Berkeley � Melvin B. Lane, Executive Robert B. Bradford, Administrator * Thomas J. Mellon, Chief Adminis- Vice President of Sunset Magazine, of the State Transportation Agency trative Officer of Son Francisco Menlo Park (appointed by the * Grant A. Burton, representing the Mayor Garland Oliver of Alviso Governor), CHAIRMAN Son Francisco Bay Regional Water Mayor James P. Thurber, Jr., of � William D. Evers, attorney, Quality Control Board Los Altos San Francisco (appointed by the Leslie A. Carbert, State Planning Governor), VICE CHAIRMAN Officer Mayor Michael Wornum of Mill Mrs. Morse Erskine, civic leader, Controller Alan Cranston, Valley Son Francisco (appointed by the representing the State Lands LEGISLATORS Governor), VICE CHAIRMAN Commission Assemblyman John T. Knox of � Harry A. Bruno, architect, Hugo Fisher, Administrator of the Richmond Oakland (appointed by the Governor) Joseph L. Eichler, home builder, State Resources Agency Senator J Eugene McAteer of San Francisco (appointed by the Controller Houston 1. Flournoy, San Francisco Governor) representing the State Lands Senator John F. McCarthy of San Commission Rafael � Louis Ets-Hakin, Chairman of the Board of Ets-Hokin Corporation, Robert L. Harkness, State Planning Assemblyman John J. Miller of San Francisco (Appointed by the Officer Oakland Speaker of the Assembly) * Norman B. Livermore, Jr., Senator (former Assemb'lyman) Eugene L. Friend, businessman, Administrator of the State Resources Nicholas C. Petris of Oakland San Francisco (appointed by the Agency This list includes all Commissioners who served Senate Rules Committee) * Gordon C. Luce, Administrator of at any time between 1965 and 1969. Mem- Mrs. Bernice Hubbard May, the State Transportation Agency bers of the Commission as of the date of member of the Berkeley City Mayor J. D. Maltester of San completion of this report are indicated by an asterisk opposite their name. Identification of Council, Berkeley (appointed by the Leandro, representing the Bay Area each Commissioner is as of his period of Governor) Transportation Study Commission service on the Commission. Supervisor T. J. Coll of Contra Councilman Bernice Hubbard Proxies for Costa County May of Berkeley � Herbert G. Crowle, Public Works * Frank E. McClure, structural Commissioners, Director of Alameda County engineer, Oakland Supervisor Howard H. Dicken- * James McCormick, member of son of Napa County the So'n Francisco Bay Regional Roderic Duncan, attorney, Oakland Water Quality Control'Board Myron J. Elkins, administrative Supervisor Robert Mendelsohn assistant to the State Planning Officer of Son Francisco, former admini- strative assistant to Senator J Clyde B. Eller, sanitary engineer, Eugene McAteer U. S. Pubfic Health Service Councilman Douglas M. Merrill John Erreca, Director of the State of Novato Department of Public Works * Councilman Norman Y. Mineta � Mrs. Morse Erskine, civic leader, of San Jose Son Francisco * Hugh E. Mulholland, Deputy � Councilman Bernard Esser of Director of the State Department Millbrae of Public Works Curtiss M. Everts, Regional Program Councilman David M. Pierce Director, Office of Solid Wastes, U. S. of Richmond Public Health Service * Supervisor Robert E. Rath of � Mrs. John A. Gast, former Belmont Sonoma County planning commissioner * Victor W. Sauer, Public Works William F. Grader, assistant to the Director of Contra Costa County Administrator of the State Resources William B. Schreeder, Deputy Agency Regional Program Director, De- Joel Gustafson, Professor of Biol- partment of Health, Education, ogy, Son Francisco State College and Welfare � Ellis M. Harris, food broker, Son Ellis W. Shamp, director and Francisco post president of the Associated � Charles W. Henderson, vice presi- Sportsmen of California dent of the Ets-Hokin Corporation *Robert Lee Sims, Vice'President, � F. J. Hortig, Execufive Officer of Secre'tory, and Treasurer of the the State Lands Division Lakeside Corporation and Lakeside Foundation Mrs. Ralph N. Jacobson, chair- I * George E. Slevin, public relations man of the Council for Governmenta Responsibility, Hillsborough consultant, San Rafael � G. Paul Jones, manager of the Bernard J. Smith, Engineering the Morin County Mosquito Abate- Division, U. S. Army Corps of ment District Engineers � Dr. David C. Joseph, Executive John A. Stirton, Engineering Officer of the North Coast Regional Division, U. S. Army Corps of En- Water Quality Control Board gineers � Michael Kahl, administrative * S. Myron Tatarian, Public Works assistant to Senator John F. Director of San Francisco McCarthy Supervisor Ignazio A. Vella � George R. Kane, publisher of of Sonoma County the Los Gatos Times * Bertrand H. Voss, Chief of the Mrs. Ann Alanson, civic leader, * Donald M. Keagy, Acting Re- Regional Planning Branch, U. S. San Francisco gional Representative of the Na- Army Corps of Engineers � Supervisor Dewey K. Andersen tional Center for Urban and In- Cecil H. Wells, Jr., consulting of Napa County dustrial Health, U. S. Public Health engineer,- San Mateo � David Balmer, Solana County Service * Michael Wornum, former Mayor Administrator Mrs. Clark Kerr, Vice President and City Councilman of Mill Valley � Edmond C. Baume, administrative of the Save San Francisco Bay * Richard M. Zettel, Study Director assistant to the State Planning Officer Association of the Bay Area Transportation Dr. Eugene C. Lee, Vice President- Study Commission � Mrs. David D. Boyden, civic Executive Assistant of the University leader, Berkeley of California, Berkeley � Mrs. Arthur F. Bridge, civic Daniel M. Luevano, Director of cludes persons who served as Proxy leader, Belvedere This list in the Joint Committee on Bay Area members of the Commission at any time be- Mayor Edward It. Burton of Son Regional Organization tween 1965 and 1969. Proxies as of the date Carlos of completion of this report are indicated by Alan S. Maremont, Director of an asterisk opposite their name. Identification so Councilman Victor Calvo of the San Francisco Bay Area Office of each Proxy is as of his period of service,on Mountain View of the Kate Maremont Foun*dation the Commission. I I George M. Dean, Vice President BCDC (refired) of the Pacific Telephone and Telegraph Company, Advisory Hillsborough, CHAIRMAN C F% 0 Herbert Blumer, Professor of ommittee Sociology at the University of California, Berkeley Henry Bostwick, Jr., Executive Vice President and General Manager of the Son Mateo County Develop- ment Association, Inc., Son Mateo Richard M. Boswell, secretary of the Pacific Inter-Club Yacht Association, El Cerrito Leslie E. Carbert, tax economist for Pacific Gas and Electric Co. and former State Planning Officer, San Francisco James K. Carr, General Manager of the San Francisco Public Utilities Commission, which operates San Francisco International Airport, San Francisco Eric E. Duckstad, Director of Regional and Urban Studies at Stanford Research Institute, Menlo Park Mrs. Ward Duffy, past President of the Bay Area Leagues of Women Voters, Son Francisco George 0. Gates, Assistant Chief Geologist, U. S. Geological Survey, Menlo Park Mrs. P. K. Gilman, Vice President of the Marin Conservation League, Larkspur John S. Harnett, General Manager of the East Bay Municipal Utility District and former San Francisco District Engineer, U. S. Army Corps of Engineers, Oakland John P. Harville, Director of Moss Landing Marine Laboratories, Moss Landing Ralph Jones, landscape architect Oakland Carl B. Metoyer, attorney, Oakland Ben E. Nutter, Executive Director of the Port of Oakland Burton Rockwell, architect, San Francisco Ralph Shaw, Director of Son Mateo County Department of Parks and Recreation, Redwood City Julius von Nostitz, President of the California Wildlife Federation, San Francisco Robert W. Walker, Vice President- Executive Representative of the Atchison, Topeka and Santa Fe Railway System, owners of large tideland areas, San Francisco Joseph E. Bodovitz E. Jack Schoop BCDC Staff Executive Director Chief Planner Alvin H. Baum, Jr. Clifford W. Graves Deputy Executive Director -Associate Planner William E. Chandler George E. Reed Assistant Executive Director Associate Planner Legal Advisor: E. Clement Shute Bernard J. Smith I Deputy Attorney General Staff Engineer Helen Krotozyner Peter A. Stromberg Secretary to Executive Director Assistant Planner Irene E. Sullivan Marguerite Dorsey 2 Secretary to Deputy Executive Director Graphic Artist Myrna F. Carter Elinor H. Rhodes Receptionist Graphic Artist Mary Wong Planning Secretary Resigned January 1967 Resigned March 1968 iv Baxter, McDonald & Co., con- H. Bolton Seed, Professor of Engi- Principal sultants in planning .& management, neering, University of California, Berke ,ley, authors of BCDC report, Berkeley, author of BCDC report, BCDC "Sources of Funds to Carry out the "Seismic Problems in the Use of Fills Bay Plan" in San Francisco Bay" Consultants John C. Bollens, Professor of Political William Spangle & Associates, Science, University of California at Los city and regional planners,.Menlo Angeles, co-author of BCDC report, Park, co-authors of BCDC report, "Government: Regional Organization "Municipal, State, and Federal Pro- for Bay Conservation and Development' grams Affecting Son Francisco Bay" James W. Cutter, commercial and Barbara Stauffacher, Graphic industrial cartographer, Los. Altos, Designer, San Francisco Robert E. Grunwald of Grunwald, Karl V.. Steinbrugge, structural Crawford & Associates, resource engineer, Son Francisco, author of planners, Hanford BCDC report, "Seismic Risk to Buildings and Structures on Filled Lands in Lawrence Halprin and Associates, environmental planners, San Francisco San Francisco Bay" State of California: H. Thomas Harvey, Professor of Biology, San Jose State College, author Attorney General of BCDC report, "Some Ecological Department of Fish and Game, Aspects of San Francisco Bay," and Pre ecological consultant to the Commission which prepared BCDC report, " - liminary Fish and Wildlife Plan for 1. Michael Heyman, Professor of San Francisco Bay-Estuary" Law, University of California, Berkeley, author of BCDC report, "Regulation- Department of Parks and Recrea- ..Legal Questions" tion, which helped prepare BCDC report, "Recreation on and Around Maury HomesIr real property ap- San Francisco Bay" praiser, Oakland, author of BCDC report, "Costs of Acquiring Bay, Lands" Division of Mines and Geology, which prepared 13CDC report, Richard W. Korn of Bissell & Karn, "Geology of San Francisco Bay" civil engineers, San Leandro, author State Lands Commission, which of BCDC report, "Review of Barrier Proposals for San Francisco Bay," and furnished background material for engineering consultant to the Com- BCDC report, "Ownership" mission Albert Miller, Professor of Meteorol- ogy, San Jose State College, author of BCDC report, "Smog and Weather- The Effect of Son Francisco Bay on the Bay Area Climate" Mrs. Dorothy A. Muncy, city planner, specialist in industrial plan- ning, Arlington, Virginia, author of BCDC report, "Waterfront Industry Around San Francisco Bay". Okamoto/Liskamm,. planners and architects,'San Francisco, authors of BCDC report, "Appearance 'and De- sign: Principles for Design and Develop- ment of San Francisco Bay" Lee and Praszker, consulting engi- neers, San Francisco, authors of BCDC report, "Bay Mud Deveolpments and Related Structural Foundations" Mrs. Roselyn B. Rosenfeld, at- torney, Berkeley Stanley Scott, Assistant Director, Institute of Governmental Studies, University of California, Berkeley, co-author of BCDC report, "Govern- ment: Regional Organization for Bay Conservation and Development" Sedway/Cooke, urban and regional planners, San Francisco, authors of BCDC report, "Municipal, State, and Federal Programs Affecting San Francisco Bay," and co-authors of BCDC report, "Regulation-A Practical System" r )AL it, 1.74 MY wak Introduction dated without substantial Bay filling, Pail I and without loss of large natural San Francisco Bay is an irreplaceable resource areas. But shoreline areas Summary gift of nature that man can either suitable for priority uses-ports, abuse and ultimately destroy- water-related industry, airports, wildlife or improve and protect for future refuges, and water-related recrea- generations. tion-exist only in limited amount, and should be reserved for these The Bay Plan presented in-this report purposes. recognizes that the Bay is a single body of water, in which changes affecting one part may also affect other 4. Justifiable Filling. Some Bay parts, and that only on a regional filling may be justified for purposes basis can the Bay be protected and providing substantial public benefits if enhanced. these same benefits could not be achieved equally well without filling. The Bay can serve human needs to a Substantial public benefits are much greater degree than it does provided by: today. The Bay can play an increasing role as a major world port. Around a. Developing adequate port termi- its shores, many job-producing new nals, on a regional basis, to keep industries can be developed. And new San Francisco Bay in the forefront parks, marinas, beaches, and fishing of the world's great harbors during piers can provide close-to-home a period of rapid change in recreation for the Bay Area's shipping technology. increasing population b. Developing adequate land for But the Bay must be protected from industries that require access to needless and gradual destruction. shipping channels for transportation The Bay should no longer be treated as of raw materials or manufactured ordinary real estate, available to be products. filled with sand or dirt to create new land. Rather, the Bay should be c. Developing new recreational regarded as the most valuable natural opportunities-shoreline parks, asset of the entire Bay region, a body marinas, fishing piers, beaches, of water that benefits not only the hiking and bicycling paths, and residents of the Bay Area but of all scenic drives. California and indeed the nation. d. Developing expanded airport Adoption of the Plan presented in this terminals and runways if regional report will guarantee to future studies demonstrate that there are no generations their rightful heritage feasible sites for major airport from the present generation: San development away from the Bay. Francisco Bay maintained and enhanced as a magnificent body of e. Developing new freeway routes water that helps sustain the economy of (with construction on pilings, not the western United States, provides solid fill) if thorough study great opportunities for recreation, determines that no feasible alterna- moderates the climat;, combats air tives are available. pollution, nourishes fish and wildfowl, affords scenic enjoyment, and in f. Developing new public access to countless other ways helps to enrich the Bay and enhancing shoreline man's life. appearance-over and above that provided by other Bay Plan policies-through filling limited to Major Conclusions and Policies Bay-related commercial recreation and public assembly. From its studies of San Francisco Bay, the Commission has concluded that: 5. Effects of Bay Filling. Bay 1. The Say. The Bay is a single filling should be limited to the purposes body of water, and a Bay Plan can be listed above, however, because any effectively carried out only on a filling is harmful to the'Bay, and thus regional basis. to present and future generations ofBay Area residents. All Bay filling 2. Uses of the Bay. The most has one or more of the following important uses of the Bay are those harmful effects: providing substantial public benefits and treating the Bay as a body of a. Filling destroys the-habitat of fish water, not as real estate. and wildlife. Future- filling can disrupt the ecological balance in the 3. Uses of the Shoreline. All Bay,,which has already been desirable, high-priority uses of the Bay damaged by post fills, and can and shoreline can be fully accommo- endanger the very existence of some species of birds and fish. The b. Ownership of the Bay is divided. Definitions Bay, including open water, mudflats, Private owners claim about 22 per and marshlands, is a complex cent of the Bay (including extensive As used in this report, Son biological system, in which micro- holdings in the South Bay) as a Francisco Buy means all the open organisms, plants, fish, waterfowl, result of sales by the State govern- water and slough areas from the and shorebirds live in ci delicate ment 90 or more years ago. Cities Golden Gate and the southern balance created by nature, and in and counties have received free end of the Bay to the eastern end which seemin ly minor c anges, grants of land from the State totaling of Suisun Bay and Montezuma _9 h -The such as a new fill or dredgi -ng.-- -_,cibout 23-,percgnt of-the-Bay. Slough (a line between Stake project, may have far-reaching and eState -now- owns,only Albow-50 per Point and Simmons Point, sometimes highly destructive effects. c;nt-of -the; Bay;7-and-the-F-ederal extended northeasterly to the government owns about 5 per cent. mouth of Marshall Cut), including b. Filling almost always increases The lands that are closest to shore, submerged lands (which are the danger of water pollution by most shallow, and thus easiest to always under water), tidelands reducing the ability of the Bay fill are held by either private (which are covered and uncovered to assimilate the increasing quantities owners or local governments that by the daily tides), and marshlands of liquid wastes being poured into may wish to fill for various purposes (which are between mean high it. Filling reduces both the surface irrespective of the effects of filling tide and five feet above mean area of the Bay and the volume on the Bay as a whole. sea level). of water in the Bay; this reduces the ability of the Bay to maintain As used in this report, shoreline adequate levels of oxygen in its 7. Water Quality. Liquid wastes areas or shoreline lands are the waters, andalso reduces the from many municipal, industrial, and uplands bordering the Bay. strength of the tides necessary to agricultural sources are emptied flush wastes from the Bay. into San Francisco Bay. Because of As used in this report, salt ponds the work now under way by the San are areas diked off from the c. Filling reduces the air-conditioning Francisco Bay Regional Water Quality Bay and used for making salt by effects of the Bay and increases the Control Board, the Army Corps of solar evaporation, and danger of air pollution in the Bay Engineers, and the Say-Delta Water managed wetlands are marshes Area. Reducing the open water Quality Control Program, the Bay diked off from the Bay and surface over which cool air can Plan does not deal extensively with managed as wildfowl habitat move in from the ocean will reduce the problems of pollution Control. 'But (generally under the ownership of the amount of this air reaching the the entire Bay Plan is founded on duck-hunting clubs). Santa Clara Valley and the the belief that water quality in San Carquinez Strait in the summer-and Francisco Bay can and will be main- will increase the frequency and tained at levels sufficiently high to intensity of temperature-inversions, permit full public enjoyment and use which trap air pollutants and thus @@f the Bay. cause an increase in smog in the Bay Area. 8. Fill Safety. Virtually all fills d. Indiscriminate filling will diminish in San Francisco Bay are placed on the scenic beauty of the Bay. top of Bay mud. The construction of buildings on such fills creates a greater number of potential hazards to life and property, during normal 6. Pressures to Fill. As the Bay settling and during earthquakes, than Area's population increases, pressures does construction on rock or on dense, to fill the Bay for many purposes will hard soil deposits. Adequate design increase. New flat land. will be sought measures can be taken, however, for many urban uses because most, to reduce these potential hazards if not all, of the flat land in commu- to acceptable levels. nities bordering the Bay is already. in use-for residences, businesses, indus- The agency designated to carry out tries, airports, roadways, etc. Past the Bay Plan should appoint a Fill diking and filling of tidelands and Review Board, consisting of leading marshlands has already reduced the geologists, soils engineers, structural size of the Bay from about 680 square engineers, and architects, to (1) miles in area to little more than 400. establish safety criteria for Bay fills Although some of this diked land and structures built on fills, and remains, at least temporarily, as revise the criteria as necessary in the salt ponds or managed wetlands, future; (2) review all except minor it has nevertheless been removed projects as to the adequacy of their from the tides of the'Bay. The Bay is safety provisions, and recommend particularly vulnerable to diking and changes if necessary; (3) develop an filling for two reasons: inspection system to insure placement of fills according to approved designs; a. The Bay is shallow. About two- and (4) gather and publish data thirds of it is less than 18 feet developed from specific fill projects. deep at low tide; in the South Bay This work would complement the and in San Pablo Bay, the depth functions of local building and of the water two or three miles planning departments, none of which offshore may, at low tide, be only are presently staffed to provide soils five or six feet or even less. inspections. Foundations of the Bay Plan Major Plan Proposals Carrying out the Bay Plan . The Bay Plan was prepared 1. Port expansion should be planned 1. General. A governmental agency during three years of study for Benicia, Oakland, Redwood City, should be created or designated by and public deliberation by the Richmond, and San Francisco. the 1969 Legislature to carry out the members of the San Francisco Bay Plan. This Bay agency should be Bay Conservation and Develop- 2. Major shipping channels should specifically authorized and directed ment Commission. This report be deepened from the Golden Gate@ to carry out the Plan, should be presents the two essential parts to the Delta, and to Oakland, Redwood empowered to, raise sufficient funds of the Bay Plan: the recom- City, Richmond, and San Francisco. for this purpose, and should have mended policies to guide future the right to acquire Bay or shoreline uses of the Bay and shoreline, 3. Waterfront land now used by land through negotiated purchase and the recommended maps industries that require access to deep- or through eminent domain if necessary. that apply these policies to the water shipping should be continued Preferably, the agency should be a present Bay and shoreline. (The in this use, and sufficient additional limited regional government, concerned Bay Plan also includes recom- waterfront acreage should be with more than one of the problems mended procedures for amend- reserved for future water-related generally agreed to be of a regional ing the policies and maps industry. nature in the Bay Area. If for any in light of changing circum- reason a limited regional government stances and new information 4. New shoreline parks, beaches, is not created. in 1969, however, an in the future.) marinas, fishing piers, scenic drives, agency should be created or desig- and hiking or bicycling pathways nated with the single responsibility In making its study of the Bay,, should be provided in many areas. of carrying out the Bay Plan. the BCDC had the help of The Bay and its shoreline offer (The Commission's recommendations numerous consultants and re- particularly important opportunities ceived extensive and invaluable for recreational development in urban on governmental organization to aid from city, county, -state, areas where large concentrations carry out the Bay Plan, together with and federal agencies, and of people now live close to the water the Commission's studies of this matter, fromspecialists an university but are shut off from it. Highest have been submitted to the Joint faculties and on the staffs of priority should be given to recreational Legislative Committee on Bay Area business organizations. In addi- development in these areas, as an Regional Organization.) tion, the Commission was important means of helping immediately assisted by an Advisory Com- to relieve urban tensions. 2. Permits for Bay Filling and mittee, whose 19 members Dredging. The agency designated contributed greatly in the re- 5. Airports around the Bay serve to carry out the Bay Plan should be view of the Commission's work. the entire Bay Area, and future empowered to grant or deny permits airport planning can be effective for all Bay filling or dredging, in ac- The Commission's study resulted only on a regional basis. The Bay cordance with the standards in the in the publication of 23 vol- provides an open area for aircraft Plan. Any public agency,or owner of umes of technical reports. to take off and land without having privately-held Bay property should be Summaries of the studies are to fly over densely-populated areas, required to obtain a permit before printed as a supplement to and this is an excellent use of the proceeding with fill or dredging. this report, and the detailed water. But terminals and other airport (Although Federal agencies would not reports are available in numer- facilities should be on existing land legally be subject to the jurisdiction ous public libraries and in the wherever feasible. Future airport of the future State-created Bay agency, offices of the Commission. development should be based on a it is Federal policy to conform gen- regional airport plan, which should erally to State laws and plans if they Also printed as a supplement be prepared as soon as possible by a do not unduly interfere with national to this report is an analysis of governmental agency with region-wide purposes or objectives, and Federal the hazards of building on responsibilities for transportation cooperation in carrying out the Bay filled land (hazards during planning. Studies leading to this Plan should thus be sought and ex- normal settling of fills and airport plan should evaluate all pected.) For purposes of this Plan, during earthquakes), and of reasonable alternatives for meeting fill should be defined to include earth the engineering steps necessary the'Bay Area's growing need for or any other substance or material to reduce these risks to ac- aviation facilities, and should placed in the Bay including piers, ceptable limits. This supplement- specifically evaluate the needs of pilings, and floating structures moored ary report was prepared by commercial, military, and general in the Bay for extended periods. Public a Board of Consultants (small plane) aviation. Airport expan- hearings should be held on all permit appointed by the'BCDC and sion or construction on Bay fill should applications except those of a minor consisting of some of the Bay be permitted only if no feasible nature. (This procedure is similar to the Area's leading geologists, alternatives are available. permit procedure that the BCDC has structural engineers, architects, been administering since September, and civil engineers specializing 6. Prime wildlife refuges in diked-off 1965, under the Government Code in soil mechanics. areas around the Bay should be [Sections 66600-66653].) maintained and several major additions should be made to the 3. Permits for Shoreline Develop- existing refuge system. ment. The agency designated to carry out the Bay Plan should have 7. Private investment in shoreline limited jurisdiction over development development should be vigorously in shoreline areas. This is necessary encouraged. For example, shoreline (1 ) to insure that prime shoreline sites areas can be developed in many are reserved for priority uses-ports, places for attractive, water-oriented water-related industry, airports, wildlife 3.1 housing. refuges, and water-related recreation, V 0 4@ 0 (2) to insure that public access to the needed to pay for necessary staff to A, Bay is provided to the maximum extent keep the Plan up to date, make engi- feasible, (3) to insure that if any salt neering inspections, process permit ponds or managed wetlands are pro- applications, assist local governments posed for development, consideration in detailed shoreline planning, etc., is given to public purchase and return and to pay for office expenses. W, of these areas to the Bay, or alterna- Ma IRA tively, that any development is in Further costs would be incurred if it F11 R, accordance with the guidelines recom- were determined that private owners of MIM@ b@z4a 1 mended in the Bay Plan, (4) to insure parts of the Bay were to be paid for that shoreline areas not needed for keeping their property as open water. priority use are developed in ways that The Bay Plan does not provide for such do not adversely affect the Bay, and payments because many owners will be 16 (5) to encourage attractive design of able to make economic use of their shoreline developments. The regional holdings under the Plan, and because - - - - - - - Mit regulation of shoreline development many legal questions exist as to the should clearly be limited, and, in rights of some owners to fill. The _V W MAMM v"'w", general, shoreline development should amount of money that would be re- continue to be subject principally to quired for compensation cannot be local controls. The Bay agency should determined with any precision; esti- administer its shoreline jurisdiction mates of the total value of all the pri- through a permit system. vately-held property at the bottom of the Bay are as low as $28.5 million and as high as $285 million. Costs of Carrying out the Plan The Bay Plan proposes development of Conclusion ports, water-related industry, airports, wildlife areas, and water-related rec- The Bay is a single,physical mechanism creation. Some of this development can in which actions affecting one part may and should be financed by private also affect other parts. The Bay Plan investment, and some by joint private provides a formula for developing the public efforts; but other types of devel- Bay and shoreline to their highest opment will depend on public funds. potential, while protecting the Bay as an irreplaceable natural resource. A M, Industrial growth along the shoreline governmental agency should be Y_ @NMP- will, over the next 50 years, require the created or designated by the 1969 private investment of many millions of Legislature to carry out the Bay Plan. dollars. Expansion of existing port and airport terminals, and creation of new ones, will require both public and private investment; these terminals generate revenues that can repay the private investment and at least part of the public investment, however. Private financing of recreational devel- opment should be vigorously encour- aged, but even with extensive private investment, substantial public funds will be needed if all the recreational development in the Bay Plan is to be RU provided. Public funds will also be required for addititional wildlife 7" refuges. The Bay Plan maps show some 5,800 additional waterfront acres as being of particular importance for rec- reational development, and 1,600 acres of new wildlife areas. No de- tailed appraisals of the value of this land have been made, but on the basis of county assessors' records, the pur- chase price could be estimated at $30- 50 million. If present inflationary trends nt i u. wiwt@@ continue, however, this cost would V @@C, probably increase every year. (In addi- tion to the funds necessary to buy land, money would also be needed to later develop beaches, parks, etc., on this land.) Carrying out the Plan will also require that administrative funds be provided for the Bay agency. An estimated $400-500,000 per year would be 4 0., li, Z4Z 1@ wi@a M 4 -x YJ ru IN Nam -P -g-gli'ma- t", z4@ -Ai@@' Ig L I-J, - Of a 'IN Ah" - L v OR Objective 1 Pail 11 Protect the Bay as a great natural resource for the benefit of present and Objectives future generations. Objective 2 Develop the Bay and its shoreline to their highest potential with a minimum of Bay filling. S zzf@ WI Y oN o- 75, ,'441' :54 P, IS. A-i J1 11 Als@lr WPMA' 0i, q-,,go Ls, tl It V: Mt' 'Wyg Uev "'A AT and future generations of Californians. Pail III Fish and Therefore, to the greatest extent feasible, the remaining marshes and The Bay as a Wildlife mudflats around the Bay, the remaining water volume and surface area of the Resource: Bay, and adequate fresh water inflow into the Bay should be maintained. Findings and Findings and policies concerning Fish and Wildlife 2. Specific habitats that are needed to In the Bay prevent the extinction of any species, Policies or to maintain or increase any Findings species that w6uld provide substantial public benefits, should be protected, a. San Francisco Bay is by far the whether in the Bay or on the shoreline largest estuary along California's long behind dikes. Such areas on the shore- coastline. It is an essential resting place, line are designated as Wildlife Areas feeding area, and wintering ground on the Plan maps. for millions of birds on the Pacific Flyway from Canada to Mexico. Nearly one hundred species of fish are also supported by the estuarine en- vironment that includes marshlands, mudflats, salt production lands, and open water. b. Human benefit from the fish and wildlife of theBay includes food, economic gain, recreation, scienfific research, education, and an environ- ment for living. No comprehensive esti- mate of the value of fish and wildlife for these purposes is available, but such value can only increase unless man diminishes the Bay. In future dec- ades the Bay may become of inesti- mable additional value as a fish and marine plant "farm," augmenting the nation's and the world's food resources for a rapidly-growing population. c. Maintaining fish and wildlife de- pends upon availability of: (1) sufficient oxygen in the'Bay waters, (2) adequate amounts of the proper foods, (3) sufficient shelter space, and (4) proper temperature, salt content, and velocity of the water. Requirements vary according to the species of fish and wildlife. Maintenance of these habitat requirements is essential to insure for present and future genera- tions of Californians the benefit of fish and wildlife in the Bay. The key elements of the Bay fish and wildlife habitat are: marshes and mudflats, total water volume and total surface area of the Bay, good water circulation, and some fresh water inflow. d. Plan Map ), Natural Resources of the Bay, indicates the shoreline areas of greatest value for shore birds and water fowl. All parts of Son Francisco Bay are assumed to be important for the perpetuation of fish and other marine life because any reduction of habitat reduces the marine population in some measure. Policies 1. The benefits of fish and wildlife in 9 the Bay should be insured for present temperature of Bay waters, and Water (3) the rates of oxygen interchange Smog and at the surface of the Bay, including Pollution the tidal flats. Weather e. Several governmental programs are now seeking to determine the best methods of controlling water quality Findings and policies concerning and preventing water pollution in the Findings and policies concerning Water Pollution Bay. The San Francisco Bay Regional Effect of the Bay on In the Bay Water Quality Control Board has Smog and Weather set water quality limits and time Findings schedules for treatment facilities, so as Findings to protect and enhance designated a. San Francisco Bay receives a beneficial water uses of the Bay. The a. The Bay plays a significant role in variety of municipal, industrial, and State's BaY7DeIta Water Quality determining the climate of the Bay agricultural wastes from sources Control Program will present in early Area. throughout its tributary drainage 1969 its long-range plan for preventing area. Pollution occurs when waste Bay pollution. And the State Water b. The waters of the Bay maintain a discharges cause water quality con- Resources Control Board is studying relatively constant temperature, and ditions that damage or destroy the California laws on water quality this helps to moderate extremes of heat varied uses of the Bay. Such conditions control to determine whether they and cold in surrounding areas. The can result from toxic (poisonous) should be strengthened. Bay surface provides a cool pathway substances, from residues that unduly for summertime ocean winds, enabling stimulate organic growth in the Bay, them to help cool areas at the "ends" and from sewage that consumes oxygen Policies of the Bay (the Santa Clara Valley in the water as it disintegrates. Pol- and the Carquinez Strait areas). luted waters may be unsafe for human 1. To the greatest extent feasible, the contact or use, offensive to the senses, remaining marshes and mudflats around c. Present research indicates that filling damaging or lethal to marine life, the Bay, the remaining water volume a substantial part of the Bay-as much and even unsuitable for industrial use. and surface area of the Bay, and as 25 per cent-would cause (1) higher fresh water inflow into the Bay summertime temperatures and reduced b. Compared to rivers and estuaries in should be maintained. rainfall in the Santa Clara Valley other parts of the country, San and the Carquinez Strait-Suisun Bay Francisco Bay is relatively unpolluted. 2. Water quality in all parts of the area; and (2) increases in the frequency In recent years, extensive improvements Bay should be sufficiently high to permit and thickness of both fog and smog in the treatment of industrial and water contact sports and to provide a in the Bay Area. Converting Bay municipal wastes have greatly reduced suitable habitat for all indigenous surface to land would increase smog- the pollution that once existed in , and desirable forms of aquatic life. It producing temperature inversions in the Bay. But some parts, especially in is assumed that this will be achieved, the Bay Area; in addition, the new the South Bay, are still polluted at in time, as the result of measures taken land would probably be used for certain times of the year. As long in response to requirements and smog-producing concentrations of as the Bay continues to receive wastes enforcement proceedings of the urban developments, including auto- from an expanding population and Regional Water Quality Control Board, mobiles. industry, there must be constant and measures resulting from current improvement in waste management to governmental studies. (Because of the upgrade presently polluted areas and work of these agencies, this Commission Policies prevent pollution problems in the has not dealt extensively with the future. problem of pollution control. But the 1 . To the greatest extent feasible, the entire Bay Plan is founded on the remaining water volume and surface c. While waste disposal poses a con- belief that water quality in San area of the Bay should be maintained. tinuing threat to water quality in the Francisco Bay can and will be main- Bay, this use of Boy waters will tained at levels sufficiently high to continue for some time. Pollution of Bay permit full public enjoyment and use waters from these wastes can be pre- of the Bay.) vented by: (1) transporting wastes directly to the ocean (but without 3. The water quality laws and practices allowing waste discharges to damage should insure that no project is built the ocean's marine life); (2) prohibiting within the watershed of San Francisco the discharge into the Bay of toxic Bay unless its liquid wastes will be wastes (poisons) that do not break treated, on the premises or in a down; (3) adequate treatment of wastes public treatment plant having sufficient before discharge into the Bay; and capacity, so that the effluent would (4) natural breakdown of any biode- not cause delay in compliance with gradable wastes placed in the Bay, applicable water quality standards which can be encouraged by maintain- anywhere in the Bay. ing adequate flushing action and an adequate supply of dissolved oxygen in the Boy. d. Key elements that off ect flushing and the supply of dissolved oxygen are (1) the volume of water flowing in and out with the tides (and fresh water flowing into the Bay), (2) the 10 igorous circulation, and effective Water Surface vtidal action. Filling and diking that Marshes and reduce surface area and water volume Area and should therefore be allowed only Mudf lats for purposes providing substantial public benefits and only if there is no Volume reasonable alternative. 2. Water circulation in the Bay should Findings and policies concerning be maintained, and improved as much Marshes and Mudflats Findings and policies concerning as possible. Any proposed fills, dikes, Around the Bay Water Surface Area and Volume or piers should be thoroughly evalu- ated to determine their effects upon Findings, Findings water circulation and then modified as necessary to improve circulation or a. Salt marshes are extraordinarily q a. Dissolved oxygen is needed to at least to' minimize any harmful effects. fertile. Living marsh plants fix the support marine life and to help break energy of sunlight into their tissues down pollutants in the water. The 3. Because further study is needed through photosynthesis, and expel amount of oxygen in the Bay is largely before any barrier proposal to improve oxygen into the surrounding environ- water circulation can be considered ment. One type of marsh plant, cord determined by the surface area of the grass, has seven times the energy-gen- 'Bay because primary sources of acceptable, the Bay Plan does not oxygen are: (1) churning waves that include any barriers. 'Before any erating capacity or food value of an trap oxygen from the air, (2) the water proposal for a barrier is adopted in the equal acreage of wheat. surface, which absorbs oxygen from the future, the agency carrying out the b. Large numbers of birds, including air, and (3) the exposed mudflats, Bay Plan will be required to replan which both produce and absorb oxygen all of the affected shoreline and water ducks and geese, come to the marshes while the tide is out and transfer it area. to feed on the lush vegetation or on to the water when the tide comes in. the brackish-water animals that thrive there. Their wastes, together with b. Water circulation might be greatly the decomposition products of plant improved by some of the major barrier decay and other elements of the proposals that have been made for complex food web, contribute nutrients the Bay. But barriers affect-for better from the marshes to the mudflats and or for worse-the appearance and the shallows of the Bay margin, ecology of the Say, sedimentation, flood supporting a vast marine-life nursery. control, and existing and proposed c. Most marine life in the Bay either uses of the shores of the Bay. They depends directly on the marshes are also very costly. For all barrier and mudflats for its sustenance or in- proposals fully evaluated thus far, directly depends upon them by feeding disadvantages outweigh advantages. upon other marine life so nourished. c. About 40 per cent of the original Shore birds depend upon the marshes surface area of the Bay has been and mudflats for both food and diked off or filled in since 1850. Be- shelter. cause this has involved some of the d. Algae on the mud-flats, exposed to most effective oxygenation areas, the abundant light alternating with abun- ability of the Bay to take up oxygen dant water, produce and expel oxygen has been sharply reduced. into the water and into the air. This is d. The dissolved oxygen that is an important source of oxygen that absorbed at the Bay surface or from the water must have both to support marine mudflats must be transmitted to the life and to combat water pollution. deeper waters by mixing of the e. The marshlands bordering the Bay water. The necessary mixing is accom- now total about 75 square miles. In plished by tidal interchange, by fresh 1850, before diking and filling had water inflow from tributaries, and been begun, marshlands covered some by circulation resulting from wind 300 square miles. action upon the surface of the Bay. The strength of tidal flow and water circulation are greatly affected by Policies the shape of the Bay bottom and the shoreline; fills, dikes, and piers can 1. Marshes and mudflats should be speed or retard water circulation, maintained to the fullest possible extent depending upon both the water to conserve fish and wildlifeand to circulation pattern in the affected a rea abate air and water pollution. Filling and the shape of the fill, dike, or pier. and diking that eliminate marshes and mudflats should therefore be allowed only for purposes providing substantial Policies public benefits and only if there is no reasonable alternative. Marshes and 1. The surface area of the Ba,@ and mudflats are an integral part of the total volume of water shou d be the Bay tidal system and therefore kept as large as possible in order to should be protected in the some maximize active oxygen interchange, manner as open water areas. 2. Any proposed fills, dikes, or piers should be thoroughly evaluated to Fresh Water Dredging determine their effects on marshes and mudflats, and then modified as neces- Inflow sary to minimize any harmful effects. 3. To offset possible additional losses of Findings and policies concerning marshes due to necessary filling and Dredging to augment the present marshes, (a) Findings and policies concerning In the Bay former marshes should be restored when Fresh Water Inflow possible through removal of existing Into the Bay Findings dikes, (b) in areas selected on the basis of competent ecological 'study, Findings a. Much of the Bay bottom is covered some new marshes should be created with sediment-silt, sand, and clay- through carefully placed lifts of a. Fresh water carries about 20 to 30 that has been carried by tributaries from dredged spoils, and (c) the quality of per cent more dissolved oxygen than dry land upstream. Sediment continues salt water. Fresh water, from tributaries to flow into the Bay at the rate of about existing marshes should be improved 6 million cubic yards a year; this amount by appropriate measures whenever around the Bay and especially from is expected to decline, however, possible. the Delta, is an important (but not the because of improved soil conservation major) source of the oxygen necessary programs and the diversion of silt- in the waters of the Bay to support carrying waters from the Delta and Bay marine life and to abate pollution. to other parts of the State. Only 30 b. The fresh water flow from the per cent of the sediment entering the Sacramento and San Joaquin Rivers Bay is carried out the Golden Gate by assists in flushing the northern parts of the tides. The remainder settles to the the Bay system, particularly during the bottom of the Bay, but may be picked spring when the snows melt in the up again by changing currents and Sierra. carried to other parts of the Bay. I Eventually, much of the sediment lodges c. The waters of the Bay provide a in harbors and shipping channels from gradual change from the salt of the which it must be dredged at con- ocean to the fresh flow of the Sacra- siderable cost. mento and San Joaquin Rivers. This gradual change appears necessary for b. Dredged mud is sometimes used as a the survival of anadromous fish such fill material, and occasionally some as king salmon, steelhead, striped bass@ is barged out to sea; but most often, the and American shad as they progress up- sediment is simply dumped in a part of stream toward their spawning grounds, the Bay where it is expected to cause and for the survival of their fingerlings as little harm as possible. Even at the as they descend to salt water. An best of these dumping gounds, near abrupt change from salt to fresh water Alcatraz Island, only 47 per cent of would probably end the anadromous the sediment is carried out to sea by the fish runs. tides; at the Yerba Buena Island dumping area, only 30 per cent is car- d. The State Water Project, which will ried out the Golden Gate; and at the transport water from northern California dumping area in Carquinez Strait, to the central and southern parts of probably less than 5 per cent ever the State, may divert from the Bay as reaches the ocean. The remaining much as 80 per cent of the present sediment is simply recirculated in the flow in the Sacramento and Son Joaquin Bay by the tides, and eventually settles Rivers. Many studies are under way to the bottom where it may have to be or planned by Federal and State dredged again. agencies to determine whether this diversion will adversely affect the Bay. c. Dredged spoils dumped at sea could Strong arguments have been made that return to the Bay with tidal currents the diversion will be harmful, and or could cause local damage to strong arguments have been made that marine organisms or beaches near the the effects will be minimal. dumping site. These conditions are capable of being analyzed prior to dumping at sea. Policies d. To reduce the cost of dredging 1. If conclusive evaluations determine harbors and navigation channels, there will be substantial damage to the sedimentation resulting from upstream oxygen content or flushing of the erosion and reclumping of dredged Bay or to marine life in the Bay and materials should be reduced as much as Delta resulting from diversion of fresh possible. water inflow into the Bay, appropriate corrective measures should be taken e. Underground fresh water supplies by the State Water Resources Control are an important supplement to surface Board or other governmental agencies. water now brought into the Bay Area by aqueduct from mountain reservoirs. Deep dredging of Bay mud, or excavation for tunnels or bridge piers, 12 could strip the "cover" from the top of a undermine the stability of any adjacent fresh water reservoir under the Bay, dikes and fills. Shell Deposits allowing the salt water to contaminate the fresh water, or allowing the fresh S. The Bay agency should encourage water (if artesian) to escape in large increased efforts by soil conservation quantities and thus cause land to districts and public works agencies in Findings and policies concerning sink. The precise location of ground the 50,000-square-mile tributary area Shell Deposits water reservoirs under the Bay is not yet to continuously reduce soil erosion In the Bay well known, however. as much as possible. 6. To protect underground fresh water Findings Policies reservoirs (aquifers), (a) all proposals a. Oyster shells are dredged from the for dredging or construction work Bay floor primarily for use as lime in 1 . To prevent sedimentation resulting that could penetrate the mud the production of cement. A small from dredging projects, mud from "cover" should be reviewed by the portion of the shells are used as soil future dredging should be disposed of in Regional Water Quality Control conditioner, as cattle feed, and as one of the following ways: (a) place- Board and the State Department of poultry grit by local poultry and egg ment on dry land, (b) placement Water Resources, and (b) dredging or producers. as fill in approved fill projects, (c) construction work should not be permitted that might reasonably be b. The shelf deposits are an important barging or piping to suitable disposal expected to damage an underground mineral resource because the other sites in the ocean, or (d) if no other water reservoir. Applicants for principal source of lime, limestone, is alternative is feasible, dumping in designated parts of the Bay where permission to dredge should be more distantly located in Santa Clara, the maximum possible amount will be required to provide additional data Santa Cruz, and San Benito carried out the Golden Gate on the on ground water conditions in the area Counties to the south. Cement is ebb tides; areas should be designated of construction to the extent necessary expensive to transport over great for this purpose upon approval by both and reasonable in relation to the distances, so a nearby source of lime the Bay agency and the Army Corps proposed project. is important to the Bay Area economy. of Engineers. This policy is intended to apply as soon as possible to all Policies dredging in the Bay, whether to create new channels or to maintain 1. Filling or diking that adversely existing ones, but it is recognized that affect known shell deposits, illustrated Federally-assisted maintenance in Plan Map 1, Natural Resources of dredging projects under way as of the Bay, should be allowed only for January 1, 1969, may ' re'quire discharge purposes providing more public of spoils in open waters of the Bay benefit than the availability of the where relatively little of the dredged shells. material is carried out to sea. 2. Vigorous efforts should be made to find methods of spoils disposal that will provide for construction of vitally-needed shipping channels, such as the John F. Baldwin Ship Channel from the Golden Gate to the Delta, while at the same time pro- tecting the Bay from unnecessary filling solely to dispose of dredged mud. 3. Pending the completion of studies into the feasibility of new or improved methods of spoils disposal, complete compliance with the spoils disposal policy will not be immediately possible. Additional areas for spoils disposal may thus be needed within the Bay system, for maintenance dredging as well as for new channels for shipping or for pleasure boating, but disposal areas should be selected with due consideration as to which feasible disposal methods will be least harmful to the ecology of the Bay. In no case, however, should spoil be used to create artiflcial islands in the Bay unless competent studies demonstrate that these fill islands would have no harmful effect on water quality or on air quality. 4. All proposed channels should be 13 carefully designed so as not to hj@ t�g e"n" Nt,WU IC Z SO 4z M_Ml jolilikM 't-Nl 3g, "Tt iL@,_,,; pa@ mop- Part IV Economic and Safety of Fills Development Population Findings and policies concerning of the Bay Growth Safety of Fills and Shoreline: In the Bay Findings and policies concerning Findings Findings and Economic and Population Growth a. To reduce risk of life and damage to property, special consideration must Policies Findings be given to construction on filled lands in San Francisco Bay. (Similar hazards a. Estimates of population and exist on other poor soils throughout economic growth are important in the Bay Area, including soft natural developing predictions of future soils, steep slopes, earthquake fault demands on the Bay-uses of the Bay zones, and extensively graded areas.) for recreation, for example, and uses of the waterfront for industry. b. Virtually all fills in San Francisco Bay are placed on top of Bay mud. Policies Under most of the Bay there is a deep, packed layer of old Bay mud. 1. In preparing the Bay Plan, pre- More recent deposits, called younger liminary estimates of total population Bay mud, lie on top of the older for the nine-county Bay Area published muds. The top layer of young mud by the Bay Area Transportation Study presents many engineering problems. Commission in April, 1968, have been The construction of a sound fill used. Middle range estimates (com- depends in part on the stability of parable to California Department of the base upon which it is placed. Finance projections) were selected- 6,200,000 in 1980 and 7,560,000 in 1990. By extension of the BATSC data, C. Safety of a fill also depends on the a total population of 10,800,0,00 was manner in which the filling is done, and estimated for 2020. the materials used for the fill. Similarly, safety of a structure on fill depends on the manner in which it is built and the 2. In preparing the Bay Plan, materials used in its construction. Con- employment data were needed only for struction of a fill or building that will water-oriented manufacturing to be safe enough for the intended use estimate future demand for water- requires (1) recognition and investiga- related industry. Therefore, preliminary tion of all potential hazards-including estimates of manufacturing employment (a) settling of a fill or a building over in nine water-oriented industrial a long period of time, and (b) ground categories in the nine-county Bay Area failure caused by the manner of have been used. Estimates by the Bay constructing the fill or by shaking dur- Area Transportation Study Commission ing a major earthquake-and (2) con- based on the above population figures struction of the fill or building in a were selected: 225,000 in 1980 and manner specifically designed to mini- 249,000 in 1990. By extension of the mize these hazards. While the construc- BATSC data, water-oriented manu- tion of buildings on fills overlying Bay facturing employment was estimated deposits involves a greater number of at 321,000 in 2020. potential hazards than construction on rock or on dense hard soil deposits, adequate design measures can be taken to reduce the hazards to accept- able levels. d. There are no minimum construction codes regulating construction of fills on Bay mud because of the absence of sufficient data upon which to base such a code. Hazards vary with different geologic and foundation conditions, use of the fill, and the type of struc- tures to be constructed on new fill areas. Therefore, the highest order of skilled judgment, utilizing the available knowledge of all off ected disciplines, is required to (1) recognize and investigate all potential hazards of con- structing a fill, and (2) design the fill and any construction thereon to mini- 15 mize these hazards. % N, wems GENERALIZED SUBSIDENCE AND FAULT ZONES Z EXPLANATION FAULT - - - - INFERRED FAULT LINE OF EQUAL SUBSIDENCE -3- IN FEET (1934 TO 1967) SOURCES: Subsidence, U. S. Geological Survey Open Fi le N, Fault zones, BCDC Report on Geology 01, 5 z 1 4 -1- 6 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 16 e. In the absence of adequate fill con- 2. Even if the Bay plan indicates that struction standards or codes, the BCDC a fill may be permissible, no fill or Water-Related appointed a Board. of Consultants con- building should be constructed if sisting of geologists, civil engineers hazards cannot be overcome ade- Industry specializing in soils engineering, struc- quately for the intended use in accord- tural engineers, and other specialists, ance with the criteria prescribed by the to review, on the basis of available Fill Review Board. Findings and policies concerning knowledge, all new fills that might be permitted in the Bay Plan, so that no 3. To provide vitally-needed informa- Water-Related Industry fills would be included upon which tion on the effects of earthquakes on all on the Bay construction might be unsafe. No spe- kinds of soils, installation of strong- cific fills are included in the Plan, but motion seismographs should be re- Findings the Board of Consultants has completed quired on all future major land fills. on initial set of criteria (published In addition, the Bay agency should a. Industries of many types require separately as "Carrying Out the Bay encourage installation of strong- frontage on navigable waters to Plan: The Safety of Fills") as a guide motion seismographs in other develop- receive raw materials and to distribute to future consideration of specific fill ments on problem soils, and in other processed materials by ship. These are proposals. areas recommended by the U. S. Coast "water-related industries." and Geodetic Survey, for purposes of f. Flood damage to fills and shoreline data comparison and evaluation. b. Water-related industry is basic to areas can result from a combination of the economy of the Bay Area and of heavy rainfall, high tides, and winds 4. To prevent damage from flooding, the western United States. Therefore, blowing onshore. To prevent such buildings on fill or near the shore- the needs of water-related industry damage, buildings near the shoreline line should have adequate flood pro- must be given high priority in the Bay should be above the highest expected tection as determined by competent Plan. flood mark (nine feet above sea level engineers. As a general rule, buildings C. Land suitable for water-related is generally set as the safe mark near the shoreline should be at least except in the southern part of the nine feet above mean sea level industry will probably be in short South Bay, where the higher tides (standard U.S.G.t. datum) or should be supply well within the next 50 years. require almost a foot more elevation), protected by dikes of an equivalent Such land is therefore a resource that or should be protected by dikes of an height and by any necessary pumping must be carefully managed and ulti- adequate height. facilities. In the southern half of the mately used only by industries speci- South Bay, this height should be at fically requiring a waterfront site. 9. Excessive pumping from under- least ten feet. Exceptions to the general Waterfront industrial sites should also ground fresh water reservoirs has height rule may be made for develop- be planned so as to avoid wasteful caused extensive subsidence of the ments specifically designed to tolerate use of the limited supply. ground surface in the San Jose area periodic flooding. d. Many other industries compete with and as far north as Dumbarton Bridge water-related industries for waterfront (map of Generalized Subsidence and S. To minimize the potential hazard to Fault Zones shows subsidence from Boyside development from subsidence sites: (1) industries that need to have large volumes of water available for 1934 to 1967). Indications are that due to groundw -ater withdrawal , all cooling and therefor seek sites near if heavy groundwater pumping is con- proposed developments at the lower the Bay; these are "water-using in- tinued indefinitely in the South Bay end of the South Bay should be suffici- dustries;" (2) industries that supply or area, land in the Alviso area (which ently high above mean sea level or use the products of water-related in- has already subsided about seven feet sufficiently protected by dikes to allow since 1912) could subside up to seven for the effects of additional subsidence, clustries and therefore seek locations feet more; if this occurs, extensive dikes utilizing the latest information available near them; these are "linked indus- may be needed to prevent inundation from the U. S. Geological Survey. tries;" (3) other industries that simply of low-lying areas by the high tides. seek locations close to freeways and railroads, which are often along the Bay shoreline. Policies Policies 1. The Bay agency should appoint a Fill Review Board consisting of geol- 1 . Because shoreline land suitable ogists, civil engineers specializing in for water-related industry will soils engineering, structural engineers, eventually become scarce, such land and architects competent to and ade- should be reserved now specifically for quately-ern powered to (a) establish this purpose. The amount of additional. and revise safety criteria for Bay fills land to be reserved should be and structures thereon, (b) review all determined on the basis of the best except minor projects for the adequacy data available, using a 50-year of their specific safety provisions, and planning period to anticipate future make recommendations concerning needs as well as possible. On the these provisions, (c) prescribe an in- basis of the 50-year manufacturing spection system to assure placement of employment estimates derived from fill according to approved designs, data published by the Bay Area and (d) gather, and make available, Transportation Study Commission in performance data developed from April, 1968, a range of from 11,000 to specific projects. These activities would 19,000 additional acres of land suitable complement the functions.of local for water-related industry and not now building departments and local in that use should be reserved. The planning departments, none of Bay Plan provides for reserving the which are presently staffed to provide higher figure of approximately 19,000 17 soils inspections. acres. This amount will be supplemented by: (a) additional lands within the b. -Where large -acreages are -lots and driveways; access may be nine-county Bay Area but outside the @,,._civclilable fo'@-induitry, site plann' *ing @proviclecl 15j-hikihg paths or@by-_- proposed'Bay agency jurisdiction, (b) should strive toprovide access to@thC-77=_-forms &_7@_ublic_f@ansit-sUcli-d@ acreage that might be added by shorelih'-O'o-'r-all"f6f"u@re plants that elephant trains or aerial tramways. authorized fills, (c) acreage that might might locate in the same area. (As a be used by water-related industries in general rule, therefore, the longest d. Regulations, tax arrangements, or addition to the reserved priority areas, dimension of plant sites should be at other devices should be drawn in a and (d) very large acreages available right angles to the shoreline.) manner that encourages industries in the Delta, outside the nine-county Docking facilities at waterfront to meet the foregoing objectives. Bay Area, In addition, the Plan industrial concentrations should also In addition, if a sizeable area is to reserves 6,000 acres of prime industrial be shared as much as possible be obtained for public use in an land now used predominantly by among industries and, also, if existing industrial site, a public existing water-related. industries. appropriate, with public port agency should be authorized, but agencies. not Obligated, to assist the industry 2. The determination as to which lands in obtaining suitable adjacent land to reserve for water-related industry c. If the shoreline that is freed by to replace areas given over to public should be made on the basis of the sharing of the shoreline or inboard use. Once industry and public following location criteria: . location of storage areas is put agencies agree on site development Maximum Points to public use, the industries involved and design plans, the public agency Channel (or Pipeline) Access 20 may need to be compensated for should be firmly committed to (1) Rail Access 10 any excessive added capital and construct and maintain agreed-upon Freeway Access 10 operating costs for longer pipelines improvements, (2) enact and enforce Major Highway Access 5 Size of Land Area 15 and conveyor systems. controls to prevent encroachment of Grade of Site 10 d. Waste treatment ponds for water- incompatible uses into the industrial Foundation Suitability 15 related industry should occupy as area, and (3) refrain from making Size of Ownership Units 5 unreasonable additional demands on Present Use 10 little land as possible. the industry that were not included Highest count 100 e. Any new highways, railroads, or in the original plan approval. Preference for industrial use should be rapid transit lines in existing 7. To reduce pressure for use of given to lands on the basis of these or future water-related industrial waterfront areas by non-water- criteria, but with due regard that such areas should be located sufficiently related industries seeking only freeway sites not unnecessarily interfere with for away from the waterfront so and railroad access, construction of the recreational and fish and wildlife as not to interfere with industrial use needed freeways and railways in resources of San Francisco Bay and of the waterfront. New access roads inland locations should be encouraged with the use of these resources. to waterfront industrial areas should be approximately at right angles by the Bay agency. As soon as pos- 3. Land reserved for water-related to the shoreline, topography sible, a comprehensive regional plan- industries should ultimately be used permitting. ning agency should make an adequate only by industries specifically requiring study of all (not just water-related) waterfront sites for extensive shipping Some filling may be necessary at industrial land needs in the Bay Area; by water. (Water-using industries and some sites despite the most careful it may well prove necessary for a linked industries should be located attention to proper site layout. limited regional government to reserve otuside of the area reserved for industrial sites near railways and water-related industry; local jurisdic- 6. Water-related industry should be freeways in and around the Bay Area tions should take steps to reserve sites planned so as to make industrial sites for industries that specifically require for them in the vicinity of water- attractive (as well as economically- rail and freeway access, if pressure is related industry reserves.) important) uses of the shoreline. to be effectively removed from water- The following criteria should be front areas. 4. All of the land reserved for water- employed to the maximum extent related industry will not be needed at possible: once, and other uses can be allowed in the interim. Tax policy and property a. Air and water pollution should be tax assessments should recognize minimized through enforcement of that water-related industrial uses the highest feasible standards. may be many years away. b. When Bayfront hills are used for S. Water-related industrial sites water-related industries, terracing should be planned so as to avoid should generally be required and wasteful use of the limited supply of leveling of the hills should not be waterfront land. The following permitted. principles should be followed to the maximum extent feasible in planning c. Important Bay overlook points, for water-related industry: and historic areas and structures that may be located in water-related a. Extensive use of the shoreline for industrial areas, should be preserved storage of raw materials, fuel, and incorporated into the site products, or wastes should not be design, if at all feasible. In addition, permitted on a longterm basis. If shoreline not actually used for required, such storage areas should shipping facilities should be used generally either be at right angles for some type of public access or to the main direction of the recreation, to the maximum extent shoreline or be as far inland as feasible. Public areas need not be feasible, so other use of the shoreline directly accessible by private may be made possible'. automobiles with attendant parking 18 Ports Findings and policies concerning Ports on the Bay Findings a. Son Francisco Bay is one of the world's great natural harbors, and maritime commerce is of primary im- portance to the entire economy of the Bay Area. b. Adequate modern port terminals and deeper shipping channels will be needed to preserve and enhance the standing of the Bay Area as a major world harbor and to keep pace with changes in shipping technology. c. Of particular importance for Bay planning are the expected growth in size of tankers and bulk carriers, which will require deeper channels than any now in the Bay; and new methods of cargo handling such as containeriza- tion, which require exceptionally large specially-designed terminals and sup- porting transportation facilities. d. Planning for port terminals should 0 be carefully coordinated with other shoreline uses, should consider the Ports of Sacramento and Stockton as part of the port system available to meet future needs, and should have as a major objective the avoidance of un- necessary Bay filling. e. No single port agency is responsible for coordinated planning and develop- ment of Bay Area port terminals. As a result, new port facilities may be built by whichever individual port can com- mand the necessary flnancing, even though another site might serve regional needs equally well but with less Bay filling. In addition, a major investment by one publicly-operated port can be jeopardized by the unnecessarily duplicating actions of another publicly- operated Bay Area port. And, of par- ticular importance to proper use of the Bay, parts of the Bay can be filled, and shoreline areas taken, for unnecessarily competing port uses. f. Ports are not supported completely by revenues from shipping, but must be subsidized, either directly through taxes 10 0-:- or else indirectly through revenues derived from housing, industry, restaur- X.N$, ants, and other such uses of port-owned property. Policies A 1. Future port planning and develop- ment-but not necessarily port opera- tion-should be guided by an overall 19 Passengership Terminal in a Multipurpose Structure regional port development plan. 2. If some ports in the regional system b. Substantial redevelopment of 5. It is possible that in the future, do not have the funds necessary to existing facilities at Alameda, Oak- cargoes moving between the Orient complete facilities needed by the land, and San Francisco; and the East Coast of the U. S. will region, a regional agency may be be shipped across the United States by required to finance or develop them. c. Possible new shallow-draft ter- special trains. This would tend to con- Otherwise, there will be tremendous minals near Napa, Petaluma, and centrate additional shipping volume in pressure to allow the ports with the Son Jose; one port where special facilities would strongest fimances to provide all of the be available for transfer of cargoes regional facilities, even though this d. A possible supertanker terminal in between ships and the special trains. might result in unnecessary filling of the Central Bay, as a long-range Any additional port facilities required the Bay. alternative to constructing and main- for this method of transportation should taining ever deeper channels to be provided with as little Bay filling 3. Some filling and dredging will be North Bay refineries, (The giant as possible. required to provide for necessary port ships, which may have drafts in expansion, but any permitted fill or excess of 60 feet, would use the dredging should be in accord with an terminal to transfer their cargoes to 6. Port areas on the shores of the Bay overall regional port development smaller vessels or pipelines.) The should be able to include within their plan. Central Bay terminal could be a premises marine terminals and directly- small, pile-suoported structure to related ancillary activities such as 4. The initial regional port develop- hold pipeline connections or it could warehousing and other temporary simply be a reserved anchorage; no storage, ship repairing, support trans- ment plan should be as illustrated in Bay fill or storage facilities would be pc@rtation uses including trucking and the Bay Plan maps. The Plan accom- needed;and railroad yards, freight forwarders, modates the total projected cargo government offices related to the Port tonnage requirements to the year 2020 e. Further deepening of ship chan- activity, chandlers and marine services. with a minimum of Bay filling. It pro- nels as needed to accommodate Other uses, especially public access vides.for: expected growth in ship size, pos- and public and commerical recrea- sibly as deep as 70 feet through the tional development, should also be a. Major expansion of port facilities Golden Gate, up to 60 feet to North permissible uses provided they do not at Benicia, Redwood City, and Rich- and Central Bay ports, and 45 feet significantly impair the efficient utiliza- mond; to Redwood City. tion of the port area. x@ .. . . .... .. ..... .... ... .... ....... ..... ..... ... xx.__:@::_ :xx .... . . .... ............ ............ .......... :xx@xx@': .. . .... . .. .. .. . .... . . ......... ... ........... .. ........... ......... .. . ... .. ... Supertanker Terminal 20 a b. An analysis of alternative sites be used for this purpose and new Airpoils for building new airports or expand- piers, floats, or fill should be ing present ones, taking into account permitted only if it is demonstrated the effect of each site on the that no feasible alternative is surrounding environment. available. Findings and policies concerning Airports c. An analysis of the surface trans- 3. Airports on the shores of the Bay on the Bay portation necessary to serve the should be permitted to include within alternative sites for future airports. their premises terminals for passengers, Findings cargo, and general aviation; parking d. An analysis of the effects of and supporting transportation a. The shoreline of the Bay is a favored new airports upon the location of facilities; and ancillary activities such location for airports because the Bay jobs and homes within the Bay Area. as aircraft maintenance bases that are provides an open space for takeoffs necessary to the airport operation. and landings away from populated 2. Pending completion of a comprehen- Airport-oriented industries (those using areas. A Bayshore location is also sive airport system plan, and air transportation for the movement of conveniently close to present recognizing that various classes of goods and personnel or providing population centers. airports must be included in any plan services to airport users) may be for the region or the Bay, it is assumed located within airports designated in the 4 b. The introduction of larger and that: Bay Plan if they cannot feasibly be faster aircraft has caused rapid rises located elsewhere, but no fill should in passenger volume and has made a. A system of reliever airports be permitted to provide space for air transportation of cargo increasingly will be created throughout the these industries directly or indirectly. economical. Further sharp increases region instead of one or two very in passenger and cargo volume may be large facilities. Some short-range 4. If some airports in the regional expected. traffic (500 miles or less, e.g., Son system do not have the funds necessary c. The growth of aviation in the Bay Francisco-Los Angeles), which is a to complete facilities needed by the major portion of total air carrier region, a regional agency may be Area will require additional land area traffic, will be diverted to reliever required to finance or develop them. for (1) expansion of terminals, airports, and improved ground and Otherwise, there will be tremendous (2) aircraft operating, loading, and air transportation links will be pro- pressure to allow the airports with the parking, (3) automobile parking, vided among the airports in the strongest finances to provide all of the (4) surface transportation routes linking system. Under this concept, it is regional facilities, even though this airports with major population centers, assumed that San Francisco and might result in unnecessary filling of and (5) cargo storage. In addition, land Oakland International Airports will the Bay. near airports will be sought by indus- continue to service most long-distance tries that ship large quantities of flights and that pressures for con- S. To enable airports to operate with- products by air, and by warehousing tinued expansion of these airports out additional Bay filling, tall buildings firms and others heavily dependent on con be reduced by diverting a por- and residential areas should be kept air commerce. tion of the short-range and general from interfering with aircraft operations. aviation traffic to reliever airports The Bay agency should prevent d. Effective, long-term operation of in such cities as San Jose, Santa incompatible developments within airports requires that a buffer zone be Rosa, and Napa. its area of jurisdiction around the created to keep tall buildings and shoreline. residential areas at some distance from It is assumed that three years will be aircraft operations. needed to complete an adequate e. The aviati .on needs of the Bay regional airport system plan, and Area are regional in extent, and as many as five to seven years effective planning to provide for the thereafter to build facilities proposed growth of aviation can only be done in the plan. Therefore, pending on a comprehensive, regional basis. completion of the comprehensive air- port system plan, capital investment Policies in, and any Bay filling for, major airports in the Bay region should be 1. To enable the Bay Area to have limited to improvements needed adequate airport facilities, and to within the next 10 years (i.e., before minimize the harmful effects of airport 1979). expansion upon the Bay, a regional b. Airports for general aviation airport system plan should be prepared can and should be at inland sites at the earliest possible time by a whenever possible. New airports for responsible regional agency. The study this purpose should be constructed should have the full participation of all away from the Bay; Bayshore sites governmental agencies having and Bay filling should be allowed region-wide planning responsibilities only if there is no feasible alterna- and ail other agencies, including pri- tive. Expansion of existing general vate groups, having a substantial aviation airports should be permitted interest in the Bay Area's present or on Bay fill only if no feasible future aviation needs and facilities. alternative is available. The plan should include as a minimum: c. Heliports may in some instances a. An analysis of expected air need to be located on the shores traffic in the Bay Area, by types- of the Bay to be close to a traffic commercial, military, and general center with minimum noise interfer- 21 (small plane). ence. In general, existing piers should .Illy Rim sat+ F&-d k. .......... Bayside Park in South Bay Salt Pond Area OX Mz" Kx* -7: 01 .......... M@ tax.... r o r H Ho ribil Salt Pond Levee (Strengthened) Slough Levee Details 22 Marinas 2 1,290 acres I permit joint use of ancillary facilities Recreation Launching romp facilities 2,230 acres and provide greater range of Swimming beaches 230 acres choice for users. Total shoreline acreage 3,750 acres Fishing piers (lineal 40,000 lineal b. Marinas and launching feet of gross length) feet lanes. (1) Sites that tend to fill up 1 Dry land only, including parking 'and ancillary unusually rapidly with silt or mud, requirements. Some fill may be needed. or that are subject to unusal amounts Findings and policies concerning 2 Based on estimated requirement of 70,000 boat of dense fog, should be avoided, (2) Recreation slips by 2020, including about 750 square feet launching lanes should be placed On and around the Bay of dry land per berth for support facilities where wind and water conditions (would necessitate around 200 marinas at an would be most favorable for Findings average density of 44 boats per acre). Ex- smaller boats, (3) some launching cludes dry storage acreage estiamted at 540 acres on basis this need not be provided lanes should be located near prime a. Seven years ago, only about four directly on the waterfront. fishing areas and others.near miles of the 276-mile Bay shoreline were Based on estimated requirement for 210 calm, clear water suitable for water- being used for waterfront parks. Since launching romp facilities with an average of skiing. Fill permitted for marina devel- six 12-foot wide launching lanes each (rough then, increased interest in the Bay guide; actual sizes will vary). opment should be the minimum has resulted in development of necessary to provide support facilities additional parks, marinas, and other For parks, there is no practical estimate (parking, service buildings, forms of water-oriented recreation. But of the acreage that should be provided launching lanes, etc.). At a density of the full recreational potential of on the shoreline of the Bay, but it is 44 berths per acre of water surface, the Bay has by no means yet been assumed the largest possible portion of about 1/4 acre of land is generally reached. the total regional requirement sufficient for each acre of water should be provided adjacent to the Bay. surface (750 sq. ft. per berth). b. The demand for recreational facilities Marinas having fewer than 44 boats in the Bay Area will increase even 2. The Bay Plan maps indicate 77 per acre require less land per more rapidly than the population marinas and 39 fishing pier sites. If berth. No fill for marinas should be increases, and will be accelerated as the present trends continue, these will permitted to exceed 3/4:1 land/water work week is shortened and as be adequate for the immediate future ratio. spending power per capita increases. but not for the next 50 years. Therefore, Many more recreational facilities will be sites should be reserved for all marina c. Fishing piers should not needed. and fishing pier installations indicated block navigation channels, nor inter- on the maps. The Bay agency should fere with normal tidal flow. c. Planning for recreational uses of the also allow additional marinas, boat- Bay and shoreline should anticipate launching lanes, and fishing piers d. Beach sites. (1) Beaches needs as for into the future as possible. elsewhere on the Bay, provided they for swimming and sun-bathing should All sites near the Bay that would not preempt land or water areas generally be in warm areas may be. needed for recreation in the needed for other priority uses and protected from the wind. (2) Some new future should be reserved now; otherwise, provided they would be feasible from an beaches could be planned adjacent most of this land will have been taken engineering viewpoint. to power plants or other industrial for other uses by the time it is needed. plants that warm the nearby waters as At the present time, 50 years 3. The Bay Plan maps include about they discharge heated water that appears to be the farthest into the 5,000 acres of existing shoreline parks has been used to cool industrial future that any needs can be projected and 5,800 acres of new parks on machinery. reasonably, so recreational needs to the waterfront. In addition, 4,400 acres the year 2020 should be considered. of military establishments (especially e. Water-oriented commercial- around the Golden Gate) are proposed recreational establishments, d. A major supplement to parks, as parks if and when military use is such as restaurants, specialty marinas, and other forms of water- terminated. shops, theaters, and amusements, oriented recreation are the several areas should be encouraged in urban areas of water-oriented commercial recrea- 4. The following general standards adjacent to the Bay. Some suggested tion and public assembly that have been have been used in determining locations locations for this type of activity developed around the Bay, such as for each type of recreational facility are indicated on the Plan maps. Effort the Ghirardelli Square-Fisherman's (and should be used as a guide in should be make to link commercial Wharf-Northern Waterfront allowing additional ones): recreation centers (and major area in San Francisco, Jack London shoreline parks) by a fleet of small, Square in Oakland, and the downtown a. General. ' Each type of inexpensive ferries similar to those waterfronts of Sausalito and Tiburon. facility should be well distributed operating on some European lakes around the shores of the Bay and rivers. e. Additional commercial recreation to the extent consistent with more and public assembly are desirable uses specific criteria below. Any concentra- 5. Features to be included. To of the shoreline if they permit large tions of facilities should generally assure optimum use of the Bay for numbers of persons to have direct and be as close to major population recreation, the following facilities should enjoyable access to the Bay. These centers as is feasible. Recreational fa- be encouraged in shoreside parks uses can often be provided by cilities should not preempt sites and in or near yacht harbors or private development at little or no needed for ports, waterfront industry, commercial ferryboat facilities: direct cost to the public. or airports, but efforts should be made to integrate recreation into a. In shoreside parks. (1) Where Policies such facilities to the extent they might possible, parks should provide be compatible. Different types of some camping facilities accessible 1. 'Based on an estimated future popu- compatible public and commercial only by boat. Up to 2,200 such lation of 10.8 million, the Plan maps recreational facilities should be campsites will be needed by the year 23 should include the following facilities: clustered to the extent feasible to 2020. In addition, docking and picnic facilities should be provided for and recreational ferries. Channels boaters. (2) To capitalize on the could open up large areas, particu- attractiveness of their Bayfront larly in the South Bay and San Pablo location, parks should emphasize Bay, for recreational boating, could hiking, bicycling, riding trails, picnic make-possible the development of facilities, viewpoints, beaches, and marinas and launching lanes at more fishing facilities. Recreational facilities frequent intervals, and could add visual that do not need a waterfront interest to shoreline areas. In addition, location, e.g., golf courses and the channels could separate marshes playing fields, should generally be and mudflats from dry land, thus placed inland, but may be permitted enhancing the wildlife value of these in shoreline areas if they are part areas. of a park complex that is primarily devoted to water-oriented uses. 9. To enhance the appearance of (3) Where shoreline open'space in- shoreline areas, and to permit maxi- cludes areas used for hunting water- mum public use of the shores and birds, public areas for launching row- waters of the Bay, flood control boats should be provided so long as projects should be carefully designed they do not result in overuse of the and landscaped and, whenever pos- hunting area. (4) Where open areas sible, should provide for recreational include ecological reserves, access uses of channels and banks. via catwalk or other means should be provided for nature study to the 10. Because of the need to ' increase extent that such access does not the recreational opportunities available excessively disturb the natural to Bay Area residents, small amounts habitat. (5) Limited commercial of Bay filling may be allowed for recreation facilities, such as small shoreline parks and recreational restaurants, should be permitted areas that provide substantial public within waterfront parks provided benefits and that cannot be developed they are clearly incidental to the without some filling. park use, are in keeping with the basic character of the park, and do not obstruct public access to and enjoyment of the Bay. Limited commercial development ma@ be appropriate (at the option of the park agency responsible) in all parks shown on the Plan maps except where there is a specific note to the con- trary. b. In or near yacht harbors or commercial ferryboat facilities. Private boatels and restaurants should be encouraged. 6. All the waterfront land needed for recreation by the year 2020 should be reserved now, because delay may mean that needed shoreline will otherwise be preempted for other uses. However, recreational facilities need not be built all at once; their development can proceed in accord- ance with recreational demand over the years. 7. In addition to the major recreational facilities indicated on the Plan maps, public access should be included wherever feasible in any shoreline development, as described in the policies for Public Access to the Bay (page 29). That policy is intended to result in much more access to the Bay than can be provided by public parks alone, especially in urban areas, and to encourage private development of the shoreline. 8. Further study should be given to the feasibility of dredging a network of channels paralleling the shoreline in shallow areas, for use by small boats 24 Hill 9, fill% ut, tj ItIl n vg@ --- ------- 25 Commercial Recreation at Waterfront A M.. :..4.M I Ferry Stop at Waterfront Park '1111 A C(d i till# L LID WM iiig%w es 'a M ............... 2 Ferry Stop in an Urban Area 26 Recreational Ferry System In addition, the integrity of the salt ponds, or in sloughs; but these Salt Ponds production system should be developments should in no way jeopar- respected (i.e., public agencies should dize the salt production system or be so and Other not take for other projects any pond or located as to prevent opening of portion of a pond that is a vital ponds to the Bay at any future time. Managed part-of the production system). S. The agency designated to carry out 2. If, despite these provisions, the the Bay Plan should study the possibility Wetlands owner of the salt ponds or the owner of of public purchase of "development any managed wetland desires to with- rights" to the ponds. If these rights were draw any of the ponds or marshes from bought by the public, the owner of their present uses, the public should the ponds would remain fully able to make every effort to buy these lands, continue using them for salt production Findings and policies concerning breach the existing dikes, and but would not be able to fill the Salt Ponds and Other reopen these areas to the Bay. This type ponds for urban development. Similar Managed Wetlands of purchase should have a high study should be given to acquisition of priority for any public funds available, "development rights" to the duck 'clubs Findings because opening ponds and managed and other diked wetlands, to continue wetlands to the Bay represents them in their present uses. a. Salt ponds total some 36,000 acres in man's last substantial opportunity the South Bay and some 10,000 acres to enlarge the Bay rather than shrink it. in the North Bay. About 4,200 acres (in some cases, if salt ponds are of salt ponds have been removed from opened to the Bay, new dikes will have salt production and are now being to be built on the landward side of converted into the Redwood Shores the ponds to provide the flood control community, which will ultimately house protection now being provided by some 60,000 persons. the salt pond dikes.) lb. The salt ponds are an economically 3. If public funds do not permit pur- important and productive use of the chase of all the salt ponds or marshes waters of the Bay (for extracting proposed for withdrawal from their salt), and the salt is an important raw present uses, and if some of the ponds material for the Bay Area chemical or marshes are therefore proposed industry. for development, consideration of the development should be guided by c. The ponds provide 15 percent of the following criteria: the total Bay and pond water surface. This large pond surface area supple- a. Just cis dedication of streets, ments the water surface of the Bay parks, etc., is customary in the and thus helps to moderate the Bay planned unit development and sub- Area climate and to prevent smog. division laws of many local govern- ments, dedication of some of the d. The ponds are used as a habitat by pond or marsh areas as open water shore birds. can and should be required as part of any development. Highest priority e. More than 50,000 acres of managed to such dedication should be given marshlond, adjacent to the Bay but to ponds that (1) would, if opened diked off from it, are maintained as to the Bay, significantly improve duck hunting preserves, game refuges, water circulation, (2) have especially and occasionally as farming areas. high wildlife values, or (3) have In most of these areas, tide gates high potential for water-oriented permit occasional intakes of Bay water. recreation. f. The diked marshlands are as impor- b. Depending on the amount of pond tant to wildlife as the tidal marshes. or marsh area to be dedicated as Substantial further diminution would open water, the public may wish to result in a proportionate reduction in the purchase additional areas. Plans amount of wildlife the Bay system to purchase any ponds or marshes can support. should give first consideration to the priorities in paragraph a. above. 9. The ponds and other wetlands pro- vide some of the open space character c. Development of the ponds or of the Bay. marshes should provide for retain- ing substantial amounts of open Policies water, should provide for substantial public access to the Bay, and 1. As long as is economically feasible, should be in accord with the Bay Plan the salt ponds should be maintained policies for non -priority, uses of the in salt production and the wetlands shoreline. should be maintained in their present use. Property tax policy should 4. As soon as possible, recreational assure that rising property taxes do developments such as marinas and small not force conversion of the ponds and parks should be built in appropriate 27 other wetlands to urban development. areas outboard of the present salt between major traffic generators (e.g., Transportation between downtowns, or between Other Uses of downtowns and airports) and even- tually to provide scheduled service from the Bay and one end of the Bay to the other for Findings and policies concerning both commuting and pleasure use. The Shoreline Transportation Bay Plan maps indicate possible sites on and around the Bay for commuter ferry terminals and shallow-draft ports. Findings i 2. Because of the continuing vulnera- Findings and policies concerning a. At present, thereis no regional bility of the Bay to filling for freeways, Other Uses of the Bay and coordination of all the means of moving an effective program should be Shoreline people and goods that make up the created to develop, test, and inaugu- total transportation system of theBay rate new methods of transportation Area. Transportation planning for within the Bay Area. This should be Findings the Bay Area is divided among highway undertaken by a regional transporta- agencies, transit agencies, planning tion agency, preferably one that is part a. In addition to the foregoing uses of agencies, and regulatory agencies. The of a limited' regional government. the Bay and its shores, there are at only comprehensive transportation present many others including: planning agency in the Bay region is 3. If any additional freeway or bridge the Bay Area Transportation Study route is proposed in or across the Bay Housing Commission, which was created by the other than those indicated on the Bay Public facilities (prisons, military in- State Legislature and which will Plan maps, adequate research and Stallations, etc.) present its transportation plans in early testing should determine whether new Public utilities (power transmission 1969. methods of transportation could over- lines, pipelines, etc.) come the particular congestion problem Industry not related to the Bay b. Primary emphasis in recent years has without a route in the Bay and, if not, Recreation facilities not related to been placed on freeways, which in whether a tunnel beneath the Bay is at the Bay some instances have been built on fill in all feasible. Commercial facilities not related to the Bay because acceptable routes the Bay could not be found ashore. Little 4. If a route must be located over the Refuse disposal sites attention has been given in recent years Bay, the following'provisions should to using the waters of the Bay for apply: b. Some uses of the shore take no modern boat transportation. advantage of the water as an asset, a. The freeway or other crossing and some current uses abuse and de- c. Massive use of the automobile during should be placed on bridge-like spoil the water frontage. a time of rapid population growth structures, not on fill. in the Bay Area endangers the environ- ment both because of the air pollutants b. Structures should provide ade- Policies emitted by automobiles and because quate clearance for commercial of the space required by automobiles ships, Navy ships, and pleasure 1. Shore areas not proposed to be for roadways and for parking. boats to have uninterrupted passage reserved for a priority use should be at all times. used for any purpose (acceptable to C. Toll plazas, service yards, or other the local government having jurisdic- d. Primary reliance on the automobile ancillary features should be tion) that uses the Bay as an asset and for surface transportation in the Bay located on new fill only if there is in no way affects the Bay adversely. Area means further pressures to use no feasible alternative. This means any use that does not the Bay as a route for future freeways. adversely affect enjoyment of the Therefore, a primary goal of trans- d. To provide maximum ultimate Bay and its shoreline by residents, portation planning, from the point of capacity on any new major facility employees, and visitors within the site view of preserving and properly using that is allowed over the Bay (and area itself or within adjacent areas of the Bay, should be substantial reduc- thus to minimize the number that the Bay or shoreline. tion in dependence on the automobile. might have to be allowed in the While the private car Will still be Bay), the design of the structures 2. Accessory structures such as boat needed and used for many types of should anticipate future mass transit docks and portions of a principal travel, the goal should be development facilities (unless they are adequately structure may extend on piles over of new systems of transportation that paralleled by such facilities) and sub- the water when such extension is neces- can carry large volumes of people and sequent installation of automatic sary to enable actual use of the water, goods without damaging the environ- power and guidance elements for e.g., for mooring boats, or to use the ment of the Bay Area. vehicles. Bay as an asset in the design of the structure. Policies 3. Wherever waterfront areas are 1. The Bay represents a great but, at used for housing, (a) the amount of present, little-used resource for trans- shoreline and the surface area of the portation within the region. New types Bay should be increased to the of faster barges may be able to move maximum extent feasible by dredging trucks and freight from point to point additional channels inland from the within the region at low cost and with- Bay, and (b) whenever feasible, high out adding to svrface congestion. Also, densities should be encouraged to pro- a system of modern ferries (capable of vide the advanta'ges of waterfront high speeds with minimum noise and housing to larger numbers of people. waves) may be able to provide service Houseboats (floating homes useable as 28 year-round residences) may be per- 9. Pipeline terminal and distribu- mitted in some areas of the Bay pro- tion facilities near the Bay should Public Access vided the boats (a) would not ad- generally be located in industrial versely effect the ecology of the Bay, areas but may be located elsewhere (b) would not cause a harmful amount if they do not interfere with, and are of sedimentation, (c) would either be not incompatible with, residential, connected to a shoreline sewage treat- recreational, or other public uses of the Findings and policies concerning ment system or have on-board treat- Bay and shoreline. Public Access ment facilities acceptable to public To the Bay health and water quality control agen- cies, (d) would require no fill except 10. To eliminate any further demand Findings for a pedestrian walk on pilings, and to fill any part of the Bay solely for (e) would be acceptable to local gov- refuse disposal sites, new waste a. San Francisco Bay is one of the ernments having jurisdiction over the disposal systems should be developed; dominant features of the nine-county areas in question. these systems should combine eco- Bay Area. It has great potential for nomical disposition with minimum numerous forms of public enjoyment, consumption of land. Pending devel- including viewing, photography, nature 4. High voltage transmission lines opment of new waste disposal systems, study, fishing, wading, and walking, should be placed in the Bay only immediate waste disposal problems or just sitting, beside the water. when there is no reasonable alterna- should be solved through full utilization b. Until recently, there were few points tive. Whenever high voltage of existing dump sites and through 0 transmission lines must be placed in development of new dump sites, if f public access in the entire 276-mile the Bay or in shoreline areas: needed, in acceptable inland locations. Bay shoreline. While many communities have recently taken new looks at their a. New routes should avoid interfer- waterfronts and have proposed new ing with scenic views and with wild- points of public access to the Bay, life, to the greatest extent possible. 11. Types of development that could the full potential for access to the Bay not use the Bay as an asset (and there- has by no means yet been reached. b. The most pleasing tower and fore should not be allowed in shoreline pole design possible should be used. areas) include: (a) refuse disposal c. The public parks proposed in the (except as it may be found to be suit- Bay Plan will not all be built in the High voltage transmission lines should able for an approved fill), (b) use of near future, and even if all were com- be placed underground as soon as deteriorated structures for low-rent pleted immediately, there would still this is technically and economically storage or other non-water related be only a small part of the shoreline feasible. purposes, and (c) junkyards. open to the public. Clearly, additional public access to the Bay is needed, S. Power distribution and tele- and this can be provided, in part at phone lines should either be placed least, by private capital in a wide underground (or in an attractive variety of shoreline developments. combination of underground lines with Policies streamlined overhead facilities) in any new residential, commercial, public, or 1. In addition to the public access to view area near the shores of the Bay. the Bay that will be provided by waterfront parks, beaches, marinas, and fishing piers, maximum feasible 6. Whenever waterfront areas are opportunity for pedestrian access to the used for sewage treatment or waterfront should be included in every waste water reclamation plants, new development in the Bay or on the plants should be located where the shoreline, whether it be for housing, they do not interfere with and are not industry, port, airport, public facility, incompatible with residential, recrea- or other use. If no such access can t tional, or other public uses of the Bay reasonably be provided, the develop- L,, and shoreline. ment should not be allowed on the waterfront unless it must of necessity be there (i.e., unless it is an industry 7. New AM and short-wave radio requiring access to deep water, a transmitters may be placed in marsh shipping terminal, etc.). or other natural areas. Whenever possible, however, consolidation of 2. Public access should be provided transmitting towers should be into some "natural" areas retained as encouraged. ecological assets, to permit study and enjoyment of these areas (e.g., by catwalks or piers in some sloughs 8. Desalinization and power or marshes). plants may be located in any area where they do not interfere with and 3. Any permitted fills should be are not incompatible with residential, designed to produce a net increase in recreational, or other public uses of the the amount of shoreline, so as to Bay and shoreline, provided that provide additional public access to any pollution problems resulting from the Bay. the discharge of large amounts of heated brine into Bay waters, and 4. Whenever public access to the Bay water vapor into the atmosphere, can is provided as a condition of 29 be precluded. development, on fill or on the share- line, the access should be permanently guaranteed. This should be done wherever appropriate by requiring dedication of fee title or easements at no cost to the public, in the same manner that streets, park sites, and school sites are dedicated to the public as part of the subdivision process in cities and counties. 5. Roads near the edge of the water should be designed as scenic park- ways for slow-moving, principally recreatit)nal, traffic. The right-of-way design should discourage through traffic and provide for safe pedestrian access to the shore. 6. Access to the waterfront should be provided by walkway, tramway, etc. if adjacent parking is not feasible or desirable. 7. In some shoreline projects, a small amount of fill may be allowed if the fill is necessary-and is the minimum absolutely required-to develop the site in accordance with the Bay agency's public access requirements. 8. Local jurisdictions and the Bay 'Sklvlare.911 agency should cooperate to link the entire series of shoreline parks and public access points to the extent feasible without additional Bay filling. Many types of connection can be employed, such as scenic drives, hiking paths, and a system of inland waterways. 9. The Bay agency should issue more detailed standards and criteria to carry out the intent of the above Induq+rtal policies on public access to the Bay, and should publish a manual to guide I Industries Requiring Direct Water Access developers and designers, including ex- amples of various ways of meeting the policies, with due consideration to costs and to practical problems of maintenance, public liability, and policing. A area GOI 2 Industries Not Requiring Direct Water Access Public Access to the Bay in Industrial Areas 30 Appearance and Design Findings and policies concerning Appearance and Design Of Development Around the Bay Findings r a. Much too often, shoreline develop- x. ments have not taken advantage of the magnificent setting provided by the Bay. Some shoreline developments are of poor quality or are inappropriate to a waterfront location. Over time, existing shoreline development of poor quality and inappropriate uses AtIW c Id be phased out or up-graded by ou normal market forces and by public action. b. Collections of debris sometimes mar the appearance of marshes, mucIflats, and sloughs. c. The appearance of the Bay, and man's enjoyment of it as a scenic .......... resource, contribute to the enjoyment of P . . ..... . daily life in the Bay Area. As a special .. ..... . .. ki nd of open space, the'Bay acts . . . . . . . . . . . .......................... =:*I.,. the unifying element of the en- both as ay region and as a physical Ix. tire @r of its parts. The wide Residential Area Public Area T Bay surface of the Bay, and the distant vistas it affords, offer relief from the Residential Area an Flat Site crowded, often chaotic, urbanized scene and help to create a sense of psychological well-being. Policies 1. To enhance the visual quality of development around the Bay and to take maximum advantage of the at tractive setting it provides, the shores of the Bay should be developed in accordance with the Bay Plan's General Development Guide (Appendix A). 2. All Bayfront development should be designed to enhance the pleasure of the user or viewer of the Bay. To this end, planning of waterfront development should include participa- tion by professionals such as landscape architects, urban designers, or architects, working in conjunction with engineers and professionals in other fields. 3. To enhance the maritime atmosphere of the Bay Area, ports should be designed, whenever feasible, to permit public viewing of portactivities by means of (a) view points, restau- s, etc., that would not interfere with rant Residential Area on Hilly Site port operations, and (b) openings be- tween buildings and other site designs 31 Public Access to the Bay that permit views from nearby roads. 4. Towers, bridges, or other structures near or over the Bay should be designed as landmarks that suggest the location of the waterfront when it is not visible, especially in flat areas. But such land- marks should be low enough to assure the continued visual dominance of the hills around the Bay. S. Additional surface crossings of the Bay should be avoided, to the extent possible, to preserve the visual impact of the large expanse of the Bay. The design of new crossings cleemed necessary should respect the fact that the Bay consists of a series of natural "bowls" that are "closed" at each end by a constriction. The crossing should be placed whenever feasible at such "ends" between promontories or other land forms that naturally suggest themselves as connections reaching across the Bay (but without destroying the obvious character of the promontory). To the extent Possible, crossings should also be of one "family" of structural types (e.g., all might be suspension bridges). 6. Access routes to Bay crossings should be designed in a manner that orients the traveler to his new direction of movement in relation to the water (as in the main approaches to the Golden Gate Bridge). Similar con- sideration should be given to the design of highway and mass transit routes paralleling the Bay at any elevation (by providing frequent views of the Bay or by having turns toward or away from the water made in sight of the water, if possible, so the traveler t knows which way he is moving in relation to the Bay). 7. Developments near the mouth of tributary waterways should be designed to preserve the view of the juncture of the tributary with the Bay from as far upstream as the alignment of the waterway will permit, so as to preserve maximum visual fin contact with the Bay. Developments farther upstream, beyond the view of a HUI V tributary's mouth, should be used for R. purposes related to the Bay, if at all M possible (e.g., marina and boat service facilities or private docks, on navigable tributaries). If ,U@ R, 8. In areas of the Bay where oil and E gas drilling or production platforms are permitted, only the minimum number of platforms necessary to recover the oil or gas should be pprmitted, and pl atforms _H_ and structures on them should be no q larger than necessary. All platforms a d n equipment on them should be painted or screened so they will be ...... compatible with the surrounding open Walkways For Wildlife Observation water, muciflat, marsh;or shore area. in Marsh and Shallow Water Areas 32 9. "Unnatural" debris should be S 6. New or remodeled bridges across removed from sloughs, marshes, and Scenic View the Bay should be designed to permit mudflats that are retained as part of maximum viewing of the Bay and its the ecological system. Sloughs, marshes, surroundings by both motorists and and mudflats should be restored to pedestrians. Guard rails and bridge their former "natural" state if they Findings and policies concerning supports should be designed with have been despoiled by human Scenic Views views in mind. activities. Of the Bay 10. A design review system is needed Findings to evaluate developments that affect the a Ippearance of the Bay. The a. 'Probably the most widely enjoyed system must have sufficient standing "use" of the Bay is simply viewing it- and influence to make it effective. from the shoreline and from afar. One Initially, (a) city and county govern- indicator: a Bay view can add 8 to 10 ments, and all affected regional, state per cent to the value of a home, and federal agencies, should use the office, or apartment building in San General Development Guide (Appendix Francisco. And there is little question A) for affected developments, and the Bay is a major visitor attraction (b) a regional Design Review Board for the tourist industry. should review the proposed design of all projects and strive for a high b. But full advantage has not been level of design quality. Subsequently, taken of the dramatic view potential the Bay agency might by ordinance from the hills surrounding the Bay, adopt basic design controls upon often because of poor road layout recommendation of the Design and poorly located buildings or Review Board. plantings. There are some local zoning controls on building heights but there 11. Local governments should be is no general attention to maximizing encouraged to eliminate inappropriate views from roads and to obtaining shoreline uses and poor quality shore- public view areas. line conditions by regulation and by public actions (including development Policies financed wholly or partly by public funds). If local governments do not 1. Maximum efforts should be made to achieve this, the Bay agency should be provide, enhance, or preserve views able to take such actions, including of the Bay from public areas. financing development wholly or partly from funds at its disposal. 2. Shoreline developments should be built in clusters, leaving open area 12. In some shoreline projects, a around them, to permit more frequent small amount of fill may be allowed views of the Bay. if the fill is necessary-and is the minimum absolutely required-to 3. Views of the Bay from vista points develop the site in accordance with and.from roads should be maintained the Bay agency's design recommen- by appropriate arrangements and dations. heights of all developments and land- scaping between the view areas and the water. In this regard, particular attention should be given to all areas as waterfront locations, areas below vista points, and areas along roads that provide good views of the Bay for travelers, particularly areas below roads coming over ridges and providing a "first view" of the Bay (shown in Plan map 2, Proposed Major Uses of the Bay and Shoreline). 4. Vista points should be provided in the general locations indicated in the Plan maps. Access to vista points should be provided by walkway, tramway, etc., if adjacent parking is not feasible or desirable. In some cases, exhibits, museums, or markers would be desirable at vista points to explain the value or importance of the areas being viewed. S. Scenic parkways commanding views of the Bay should generally be encouraged in the hills above the Bay and in areas along the shores of the 33 Bay. @N$ @T& F 5 gg@ M, Uz, f N HOW U RjEW LAUff, 4 R A @q @d Jur ;A MR If, IAMHA-lh M, jv@ is A Regional Agency is Needed Control of Filling and Dredging Part V OUt Toca,,y out the Bay Plan effectively, in the Bay Carrying a regional agency is needed. The 1. Permit Procedures for Filling agency should have the power to and Dredging analyze, plan, and regulate the entire the Plan Bay and shoreline as a unit. The Bay filling (including placement of agency's jurisdiction should include the piers, pilings, and floating structures Bay, and limited shoreline areas in the moored in the Boy for extended pe- nine Bayfront counties. riods) and Bay dredging should be controlled through a permit system. The The Plan for the Bay can be carried out Bay agency (whether a single-purpose by either of two types of governmental agency or a part of a limited _' regional agency: (1) a single-purpose agency government) should be empowered to concerned only with the Bay, or (2) issue or deny permits for any filling and a multi-purpose, limited regional gov- dredging in the Bay. Any public ernment, concerned with other regional, agency or owner of privately-held matters in addition to the Bay. lands should be required to obtain a permit before proceeding with fill or The Commission recommends that a dredging. limited regional government be created for the Bay Area. A limited regional Permits should be granted or denied government would (1) avoid further only after public hearings, and after fragmentation of regional responsibility the city or county having jurisdiction by forestalling the proliferation of ad- over the area of the proposed project ditional special-purpose districts, (2) has made its views known to the Bay be able to consider the overall needs agency (or has failed to do so within of the region as a whole, and thus a reasonable period of time). Ordi- minimize wasteful duplication in re- narily, this process (including adequate gional development, and (3) attract time for investigation and analysis by broad public attention and thus help the Bay agency's staff and consultants) to insure public awareness of regional would require no more than 60 days, problems and needs. As one of its but additional time should be allowed principal assignments, a limited re- for permit applications of unusual com- gional government should be required plexity; in no case should more than to carry out the BCDC Plan for the Bay six months be required, however. The and shoreline. Bay agency should circulate copies of each permit application to all con- If a limited regional government is not cerned agencies and individuals and established, the Commission recom- should coordinate the review process mends that a special agency be created with those of the other agencies so as to carry out the Plan for the Bay. To to minimize the time, paperwork, and the maximum extent feasible, the cost required by all concerned. special Bay agency should be organ- ized so as to permit smooth transfer of Permits should be granted by the affir- powers to a limited regional govern- mative vote of a majority of the mem- ment that might be created in the bers of the governing body of theBay future. agency. But the Bay agency should be empowered to delegate the function (The Commission's recommendations on of holding public hearings and of governmental organization to carry out granting or denying permits to the the Bay Plan, together with the Com- staff or to a committee of the governing mission's studies of this matter, have body, subject in all cases to appeal to been submitted to the Joint Legislative the full governing body. Committee on Bay Area Regional Or- ganization.) The costs of processing permit applica- tions should be borne by the appli- cants, not by the general public. In Scope of Authority Required some cases, the costs would be nom- inal; in others, they might be relatively Protection of the Bay and enhancement high, depending on the complexity of of its shoreline are inseparable parts of the work involved. The Bay agency the Bay Plan. Clearly, what happens to should establish a fee schedule to the shoreline helps determine what cover the costs of processing permit happens to the Bay; if, for example, applications. the relatively few shoreline areas suit- able for water-oriented industry are The Bay agency should insure that work used for housing, pressures will de- is performed in the manner and for velop to provide new industrial land the purposes that it was authorized. by filling the Bay. Therefore, in the To this end, it should have the custo- public interest, the Bay agency should mary governmental powers to require have adequate controls over both (1) performance bonds in appropriate cir- Bay filling and dredging, and (2) Bay- cumstances, to suspend or revoke 35 related shoreline development. permits for violation, and to enjoin actions not in accordance with an opportunities for enjoyment of Bay agency if its Fill Review Board active permit. It should also have the Bay in such ways as viewing, determines that the proposed project sufficient staff to monitor work subject boating, fishing, etc., by keep- is in accordance with the policies to its jurisdiction, and should issue cer- ing a substantial portion of for Safety of Fills (page 17). The tificates of compliance upon the com- the development, and a Fill Review Board should be appointed pletion of work and prior to occu- substantial portion of the new by the Bay agency, and should pancy, just as many cities and counties shoreline created through consist of leading professionals in the do now. filling, open to the public free of fields of geology, structural engineer- charge (though an admission ing, and civil engineering (with The Bay agency should approve a charge could apply to other por- specialty in soils engineering). permit application if it specifically tions of the project). determines that a proposed project c. Public Access. A proposed meets the following conditions, each of (c) The proposed private proj- fill project should increase public which is necessary for effectively carry- ect would not conflict with the access to the Bay to the maximum ing out the Bay Plan. adopted plans of any agency extent feasible, in accordance with the of local, regional, state, or policies for Public Access to the a. Fills in Accord With Bay federal government having juris- Bay (page 29). Plan. A proposed project should diction over the area proposed be approved if the filling is the for filling, and would be in d. Effects on the Bay. A permit minimum necessary to achieve its an area where governmental for a proposed fill, dike, or pier, purpose, and if it meets one of the agencies have not planned should be approved if it has been following four conditions: or budgeted for projects that evaluated on the basis of the policies would provide adequate access on Water Pollution (page 10), (1) The filling is in accord with the to the Bay. Smog and Weather (page 10), Water Surface Area and Volume Bay Plan policies as to the Bay- (d) The proposed project would (page 11), and Marshes and related purposes for which filling either provide recreational Mudflats (page 11), and modified may be needed (i.e., ports, water- development in accordance with as necessary to minimize any harmful related industry, and water- the Bay Plan maps or would effects. Proposed dredging should related recreation) and is shown provide additional recreational be in accordance with the Dredging on the Bay Plan maps as likely development that would not policy (page 13). to be needed; or unnecessarily duplicate nearby (2) The filling is in accord with facilities. e. Valid Title. Because there Bay Plan policies as to purposes is some question as to the conditions for which some fill may be needed (e) A substantial portion of the under which some private parties if there is no other alternative (i.e., project would be built on originally received lands in the airports, roads, and utility routes); existing land, and the project Bay, a private claimant should be re- or would be planned to minimize quired to show that he has a valid the need for filling. (For title to any Bay lands proposed (3) The filling is in accord with example,all automobile parking for filling. Ordinarily, this could be the Bay Plan policies as to minor should, wherever possible, be done by submission of a current fills for improving shoreline ap- provided in multi-level structures title insurance report including the pearance or public access; or rather than in extensive parking derivation of title from original lots.) sale by the State. Where titles (4) The filling would provide on are disputed, the legal issues should privately-owned property for (f) The proposed project would be resolved as soon as possible new public access to the Bay and result in permanent public by court action or other appropriate for improvement of shoreline ap- rights to use specific areas set steps. pearance-in addition to what aside for public access and rec- would be provided by the other reation; these areas would f. Public Trust. Many Bay Plan policies-and the filling be improved at least by filling private owners of Bay lands hold title would be for Bay-oriented com- to finished grade and by subject to rights of the public, derived mercial recreation andBay- installation of necessary basic from English common law and the oriented public assembly purposes. utilities, at little or no cost to the California Constitution, as to use of The Bay agency should issue public. waterways for commerce, navigation, permits under this criterion pro- and fishing. These rights, sometimes vided: (g) The proposed project would, called the "Public trust" for com- to the maximum extent feasible, merce, navigation, and fishing, are (a) The proposed project would establish a permanent shore- the subject of considerable legal limit the use of land to be filled line in a particular area of debate, and court tests may be to: (i) public recreation the Bay, through dedication of required to determine their practical (beaches, parks, etc.), and (ii) lands and other permanent significance. Any necessary court tests Bay-oriented commercial recrea- restrictions on all privately- should be completed as soon as tion and Bay-oriented public owned and publicly-owned possible; in the meantime, an assembly, defined as facilities property Bayward of the area applicant for a fill permit should be specifically designed to attract approved for filling. required to show either that large numbers of people to the public trust does not apply to his enjoy the Bay and its shoreline, (h) The proposed project would lands, or that the filling would be such as restaurants, specialty provide to the maximum extent consistent with the trust. shops, and hotels. feasible for enhancement of fish and wildlife resources in the g. Appearance. Plans for a (b) The proposed project would area of the development. proposed fill project should be sub- be designed so as to take mitted to a Design Review Board ap- advantage of its nearness to the b. Safety. A proposed project pointed by the Bay agency and Bay, and would provide should be approved by the consisting of professionals in the fields 36 of urban design, architecture, and particular reach of a tributary to the a. Use of Shoreline. The Bay landscape architecture. The Design Bay that it finds, after scientific study, agency should designate three Review Board should determine to be of little or no ecological value. categories of shoreline area, and whether the proposed project is in should apply standards for each as accordance with the policies for Developing the Bay and Shoreline follows: Appearance and Design of the Bay to Their Highest Potential and shoreline (page 31), and should (1) Priority shore line land report its recommendations to the 1. Necessity for Limited Shoreline governing body of the Bay agency Jurisdiction uses are listed below (not neces- before a permit is issued. The sarily in order of importance). jurisdiction over appearance and The Bay agency should designate design should be only advisory, but The Bay agency should have limited and reserve the shoreline areas the Bay agency should encourage jurisdiction over shoreline areas, as needed for each priority use, in a local governing bodies to defined below. Local governments manner analogous to zoning, exercise controls in accordance with should continue to regulate shoreline and should carry out the appro- the policies on Appearance and areas, subject only to the Bay agency's priate shoreline development Design and the Design Review guidelines. This limited Bay agency policies: Board's recommendations. jurisdiction is necessary to reduce pressures for Bay filling that would (a) Ports (in accordance with 2. Permit Decisions result from poor use of available shore- policy on page 19). line land, and to insure that public If a permit application meets the stand- access to the Bay is provided wherever (b) Water-related Industry (in ards listed above, a permit should be feasible. The Bay agency should accordance with policy on granted. If the proposal does not therefore be empowered to (1) desig- page 17). meet these standards, a permit should nate and reserve shoreline lands not be issued. In some cases, needed for priority uses-ports, water- Water-oriented Recreation however, a permit could be condi- related industry, airports, wildlife 0 @ tionally approved subject to the ap- areas, and water-related recreation; n accordance with policy on plicant's later meeting clearly-specified (2) require as much public access to page 23). requirements relating to one or more the Bay in new projects as is feasible; (d) Airports (in accordance with of the seven standards above. In and (3) encourage attractive and policy on page 21). other cases, an applicant might be able interesting shoreline development. --- to change his proposal to conform to (e) Wildlife Areas (in accord- the Bay Plan policies, and he-could Failure to achieve these objectives will ance with policy on page 9). then reapply, either (1) reduce the amount of water- related industry, ports, airports, and (2) Salt ponds and other man- 3. Area of Jurisdiction water-related recreation that the Bay aged wetlands (as shown on Area can ultimately accommodate, with the Bay Plan maps) should be The Bay agency should control filling resulting damage to the region's used in accordance with the and dredging in San Francisco Bay. economy and quality of life, or (2) policies on page 27). The Bay should be defined as extend- create unnecessary pressures to fill ing from the Golden Gate (Point Bonita- the Bay to provide more land for these purposes. (3) All other shoreline areas Point Lobos) and the southern end of should be used in any manner that the Bay to the eastern end of Suisun 2. Purposes for Which a Permit would not adversely affect en- Bay and Montezuma Slough (a line May be Issued joyment of the Bay and shoreline between Stake Point and Simmons by residents, employees, and Point, extended northeasterly to the Shoreline development should be visitors within the area itself or mouth of Marshall Cut)-and including controlled through a permit system. within adjacent areas of the Bay the submerged lands and tidelands that This will insure that the Bay agency and shoreline, in accordance with are part of the open Bay waters, all has full knowledge of all shoreline the policies for Other Shoreline sloughs (as shown on the current developments and can exercise its Uses on page 28. U.S. Geological Survey maps as of limited jurisdiction regarding them. September 1, 1968), and also all (The alternative would leave enforce- b. Public Access. The Bay marshlands subject to tidal action up to ment of Bay agency policies to the agency should insure that each new 5 feet above mean sea level (the gen- many local governments having juris- shoreline development increases eral area included in the definition is diction over shoreline areas, with the public access to the Bay to the colored light blue on the Plan maps). Bay agency able to intervene only maximum extent feasible, in accord- The Bay agency should also control after a violation of its standards ance with the policies for Public filling and dredging in creeks and other took place.) Access to the Bay on page 29. tributaries to the Bay (other than those east of the Simmons Point-Stake Point- The Bay-cigency (whether a single- Marshall Cut line) as far upstream as purpose agency or a part of a limited c. Appearance. The Bay agency they are determined to be a vital regional government) should therefore should submit plans for proposed part of the ecological system of the be empowered to issue or deny shoreline improvements to its Design Bay, but in no event farther upstream permits for shoreline development. Review Board (described on page than the mean high tides extend. The 33). The Board should evaluate few tributaries proposed to be within The Bay agency should approve a each set of plans in light of the poli- the jurisdiction of the Bay agency permit for shoreline development if the cies for Appearance and Design are listed on the Bay Plan map notes agency specifically determines that of the Bay on page 31, and should and shown on the Plan maps. the proposed project is in accordance be empowered to make its recom- with the standards listed below for (a) mendations public, but these recom- The Bay agency should be enabled, by use of the shoreline, (b) provision of mendations should be advisory resolution, to relinquish jurisdiction public access, and (c) advisory review only, and not of themselves be 37 over any part of the Bay or any of appearance. grounds for denying a permit. 3. Permit Procedures make an effective use of each prime on the Bay; and steps necessary to site, and should encompass parcels preserve and enhance scenic views of Any public agency or private owner of land of varying sizes and shapes the Bay from public vista points, scenic holding shoreline lands should be re- as necessary to include all of each roadways and trails, and to preserve quired to obtain a permit before prime site. Initially, the Bay agency natural landmarks such as nearby hills proceeding with any major shoreline should have the jurisdiction recom- that provide scenic views from the development. mended in this report over the Bay. The Bay agency should establish Permits should be granted or denied priority use areas as shown on the Bay a system whereby information is only after public hearings, and after Plan maps. exchanged between the Bay agency the city or county having jurisdiction and local, state, and federal govern- over the area of the proposed For all other shoreline areas, ments as to inland proposals affecting project has made its views known to the Bay agency's jurisdiction should the Bay. the Bay agency (or has failed to do extend inland only far enough to so within a reasonable period of time). assure that no harmful uses are made 6. Regional Development Policies Ordinarily, this process (including of the shoreline, that attractive design adequate time for investigation and of shoreline development is encouraged, Many regional matters, such as air analysis by the Bay agency's staff and and that public access is provided pollution control, regulation of water consultants) would require no more wherever feasible. This jurisdiction quality, planning and construction of than 60 days, but additional time would most logically apply to the waste disposal facilities, airport should be allowed for permit whole of each parcel of land fronting development, and regional transporta- applications of unusual complexity; in on the Bay that would ordinarily be tion, are directly related to the future no case should more than six months the basic building or development of the Bay. Some of these regional be required, however. The Bay agency unit, i.e., the whole of an owner's hold- matters are now within the jurisdiction should circulate copies of each permit ing whether it be a small lot for one of state and regional agencies, but house or a large parcel for an exten- others are not now being dealt with application to all concerned agencies sive residential or commercial develop- at all on a regional basis. Some and individuals and should coordinate ment. or all of these regional matters could the review process with those of the be made the responsibility of a other agencies so as to minimize the Therefore, this jurisdiction should limited regional government, which time and paperwork required by extend inland from the Bay to include would in addition carry out the Bay all concerned. each whole parcel of land (or group Plan, but obviously they could not be Permits should be granted by the of parcels in the same ownership and made the responsibility of a single- affirmative vote of a majority of the use) bordering the Bay as of September purpose Bay agency. In any event, 17, 1965 (the effective date of the however, it is essential that many members of the governing body of the BCDC), or should extend inland a regional policies directly related to the Bay agency. But the Bay agency distance of 1,000 feet, whichever is Bay be carried out if the Bay Plan should be empowered to delegate the less. The Bay agency should be is to be effective. For example: function of holding public hearings enabled to declare by resolution that and of granting or denying permits to it will not exercise this jurisdiction a. Water quality should be main- the staff or to a committee of the over any particular area that it finds tained in accordance with the governing body, subject in all cases to to be physically separated from the policy on Pollution (page 10). appeal to the full governing body. Bay shoreline and of no regional The costs of processing permit concern to the Bay. (in the case of b. Port planning and development applications for shoreline developments unusually large parcels of land, should be carried out in accordance extending inland a great distance, with the policy on Ports (page 19). should be borne by the applicants, not jurisdiction for shoreline development by the general public. In most cases, purposes need not cover the entire c. Airport planning and develop- processing costs would be small, and parcel to be effective, hence the ment should be carried out in the Bay agency should establish a 1,000 foot limitation. Similarly, in accordance with the policy on fee schedule to cover these costs. some cases even a smaller distance Airports (page 21). The Bay agency should insure that from the shoreline will be clearly beyond any relationship to the water, d. Views from vista points and from work is performed in the manner and hence the option for the Bay agency to public roads should be protected for the purposes that it was authorized. exclude areas from its jurisdiction.) and scenic roads and trails should To this end, it should have the This jurisdiction of the Bay agency be built in accordance with the customary govermental powers to should extend inland only from the policy on Scenic Views (page 33). require performance bonds in shores of the Bay (including sloughs) appropriate circumstances, to suspend and not from the shores of any tribu- e. Inland industrial sites should be or revoke permits for violations, and taries to the Bay (even those in which provided in accordance with the to enjoin actions not in accordance control of filling and dredging is being policy on Water-related Industry with an active permit. It should also exercised). (page have sufficient staff to monitor work subject to its jurisdiction, and should 5. Inland Advisory Role issue certificates of compliance upon In addition, study should be given to the completion of work and prior The Bay agency should have the whether a new policy is needed on to occupancy just as many cities and specific right and duty to advise property tax levels and distribution of counties do now. publicly on all development proposals, property tax revenues. Present de- proposed legislation, or other measures pendence of many communities on 4. Extent of Shoreline Jurisdiction that, in the judgment of the Bay the property tax causes competition agency, would affect San Francisco for industry, a high (net) property-tax- For priority uses (ports; water- Bay. Such measures would include (for producing use. This may lead to related industry, airports, wildlife example) reserving inland industrial pressures for industrial development in areas, and water-related recreation) sites, developing or expanding inland certain areas where more fill is the Bay agency's jurisdiction should airports, and any other steps that required than would be required in encompass enough shoreline land to would relieve development pressures other areas suitable for the same 38 industry. And competition for property members of its governing body after The Bay Plan maps show some 5,800 tax base may have other unfortunate reasonable public notice. new waterfront acres of particular im- results. Subjects to be explored would portance for recreation to be acquired include reduction in percentage of 4. The Bay agency should state (plus some 4,000 acres of land suitable local government reven 'ues derived publicly the reasons for its decision for recreational development if even- from property taxes, and formulas for in each case regarding a proposed tually released by the military), and sharing property tax revenues on some change in Bay Plan policies or Bay 1,600 acres of new wildlife areas. The basis of comparative need. Plan maps. time and funds available to BCDC have not permitted parcel-by-parcel ap- The Bay Plan policies and maps permit praisals of the value of the 5,800 Applying and Amending the minor fills where necessary to improve acres of recreational land or the 1,600 Say Plan shoreline projects, and also permit acres of proposed wildlife refuges, but minor shoreline construction, without on the basis of county assessors' rec- The Bay agency should be directed to amending the Plan. Any change in ords, the purchase price could be esti- carry out the Bay Plan, i.e., to guide either policies or maps would therefore mated at $30-50 million. If present future development of the Bay and necessarily involve a project of sufficient inflationary trends continue, however, shoreline in accordance with the Bay importance to justify careful study and this cost would probably increase every Plan policies and Bay Plan maps. a formal amendment process that in- year. And in addition to the funds Because the policies and maps are cludes public hearings. necessary to acquire land, money would be needed to develop beaches, necessarily general in nature, the Bay Costs of Carrying Out the Bay parks, etc., on this land. agency should be authorized to clarify, Plan interpret, and apply them as necessary. in general, high priority should be The agency should be specifically em- Funds to carry out the Bay Plan are given to purchasing land, so it can be powered to issue regulations contain- needed (1) to finance development of reserved for recreational development. ing more detailed standards and pro- the Bay and shoreline to their highest But in the immediate future, top priority, cedures based on the Plan policies, to potential, and (2) to pay the operating and the first $3-5 million in recre- assist in preparation of specific plans costs of the agency designated to carry ationai funds available, should be used for shoreline areas', and to publish in- out the Bay Plan. If it were desired to to build fishing piers, beaches, and formation to assist planners, architects, compensate private owners of Bay other shoreline recreational facilities and engineers in the design of projects lands that cannot be filled under the in urban areas where large concentra- affecting the Bay. Plan, additional funds would be tions of persons live'near the Bay but needed for this purpose. are presently unable to use or enjoy it In addition, over a period of time it for recreation. may be expected that new information 1. Development Costs will come to light and that develop- Some of the waterfront recreational ment trends will not precisely follow The Bay Plan proposes development lands and wildlife areas will un- predictions made in 1968. The Bay of ports, water-related industry, air- doiubtedly be purchased by various Plan policies are intended to be com- ports, wildlife areas, and water- units of federal, state, and local gov- parable to the constitution or charter related recreation. Some of this devel- ernment, through their existing park of a governmental body; i.e., to serve opment can and should be financed by and recreational programs. But addi- as guidelines under varying circum- private investment, but in other cases tional efforts will still be needed; it stances, and to be changed infre- public funds will be needed. appears reasonable to assume that quently. However, application and in- existing programs will buy no more terpretation of these policies, as shown Industrial growth along the shoreline than half of the needed lands. Pur- on the Bay Plan maps, may need will, over the next 50 years, require chasing the remaining lands will prob- adjustment over the years. The Bay the private investment of many millions ably require a regional program that agency should therefore be speci- of dollars. Expansion of existing port could be made the responsibility of a fically empowered to amend the Bay and airport terminals, and creation of limited regional government, or of a Plan, in accordance with the follow- new ones, will require both public and special-purpose recreational agency, or ing procedures: private investment; however, these of the Bay agency. terminals generate revenues that can Similarly, a program of public as- 1. The Bay agency should be di- repay the private investment and at sistance to improve access and appear- rected to make continuing studies of least part of the public investment. ance on parts of the Bay shoreline that any matters related to the Bay that, are developed badly, where wholly in the judgment of the Bay agency, Providing waterfront parks, beaches, private improvement is not economic or are necessary to keep the Bay Plan and other recreational facilities will not forthcoming, would also require policies and Bay Plan maps up to require substantial public financing. some action by a regional agency to date. Private development of shoreline rec- supplement local programs. reation should be vigorously encour- 2. The Bay agency should be re- aged, and in some cases, such as mari- Whichever type of agency is chosen, it quired to conduct a public hearing nas and the Marine World in Redwood will need adequate funds to acquire on any proposal to change the Bay City, private investors will be able to land and to finance development in Plan policies or the Bay Plan maps. provide various types of recreation'. whole or in part Where necessary Even with large-scale private invest- for public recreation and for wildlife 3. The Bay agency should be able ment in recreation, however, public refuges or to improve public access and to amend the Bay Plan policies upon funds will still be needed to purchase appearance. it will also need the, the affirmative vote of two-thirds of lands for public beaches, parks, fish- power of eminent domain. And perhaps the members of its governing body, ing piers, etc., and to develop these the Bay agency will need the power such vote not to be taken less than areas. (Public funds will also be to initiate redevelopment projects for 90 days following public notice of needed to establish wildlife areas and specially difficult shoreline areas the proposed policy amendment. The may also be needed to assist in proyid- where local governments are unable to Say agency should be able to ing public access and improving the accomplish such redevelopment and amend the Bay Plan maps upon the appearance of many parts of the where no dislocation of any significant 39 affirmative vote of a majority of the shoreline.) numbers of residents would occur. Sources of Funds for Develop- administrative expenses, such as print- b. Although court clarification is ment. Funds for recreational ing, postage, and office rent. needed, it appears that at least some development could be derived from owners of property at the bottom several. sources, including various pro- These costs would differ somewhat of the Bay hold their parcels sub- grams of the federal and state depending upon whether the agency ject to a public trust entitling governments, but there would still be a designated to carry out the Bay Plan is the public to use water areas for com- need for local (regional) funds. Most (1) a single-purpose district such merce, navigation, and fishing. federal and state grants (for example, as the Bay Area Air Pollution Control These owners would also not be the Federal Land and Water Con- District, (2) a State-financed agency entitled to compensation, because servation Fund and the open such as the BCDC, or (3) a department they have no absolute "right" space program of the Federal Depart- of a limited regional government. The to develop their properties. ment of Housing and Urban Develop- difference in costs is due primarily to the ment) are given only on a matching potential economies available to a basis, i.e., $1 of federal funds for each general-purpose government, e.g., c. Good arguments have been made $1 of local funds. A regional bond use of a motor pool, leased telephone that an owner of a part of the Bay issue would be a logical source of lines, centralized personnel and ac- does not have a right to either funds, both for direct purchase of rec- counting services, etc. fill or be compensated. The owners reational land and for local matching of Bay property bought land under funds. The chances for passage of Based on the considerations outlined water, not ordinary dry land. Many, such bonds would increase materially if above, it appears that the annual if not all, had at most a speculative the bonds could be repaid from funds costs of effectively carrying out the Bay belief that at some future date other than property taxes, and if, as Plan would be about $400-500,000 they could obtain the necessary is the case with State bond issues, per year. This is higher than the governmental permissions, complete a simple majority vote, rather than a budget of the BCDC (which has aver- the expensive, necessary engineering two-thirds majority, were sufficient for aged about $225,000 per year) because and filling, and then lease, sell, or passage. of the additional responsibilities the use the property profitably; due Bay agency would have. to the high cost of filling, Bay Funds for improving public access and parcels in their original condition the appearance of existing shore- were ordinarily purchased for a line areas and for removing incompati- Sources of Funds for Adminis- fraction of the cost of uplands in ble development could be derived trative Costs. If the agency similar locations. According to one of from many of the some sources. A designated to carry out the Bay Plan the nation's foremost experts on the major additional source could be the were a State agency, presumably it low of public land use regulation, financing available for urban would receive an appropriation the courts would probably uphold renewal projects-that is, Department of annually from the State General Fund. a statute declaring that privately- Housing and Urban Development If the agency were an independent owned property in the Bay could not grants on a two-thirds federal, one- special district, such as the Bay Area be filled-and that the owners were third local basis. Most shoreline Air Pollution Control District, it could not entitled to compensation as a renewal projects would result be empowered to levy a small property result of this regulation. The legal in creation of properties with amenities tax. A tax of 10 per $100 of assessed basis for such a statute would such as views of the Bay and access to valuation in the nine-county Bay take into account the overwhelming the water. A local government or Area would now produce about $1 mil- public interest in preserving the Bay the Bay agency, whichever sponsored lion in revenue (and would produce for future generations, the often-low the shoreline renewal project, more each year as valuations increase); prices paid for underwater property could sell such lands for uses appropri- thus a tax of '/20 might suffice for initially (and the often-low taxes ate to the location and thereby operating expenses. If the Bay agency paid since), the special and recoup part or all of the public invest- were part of a limited regional gov- expensive preparation that has to be ment in the renewal area. Thus, funds ernment, it would presumably receive made-before Bay property can be available for this purpose would most if not all of its financial support built upon, and the precedents in become in whole or in part revolving, from the regional government; a zoning and other land use regula- and available for repeated use to broader range of tax sources (such as tions that may reduce property improve the shoreline. regional sales, income, or excise values but do not compensate taxes) could presumably be made owners. 2. Administrative Costs available to a limited regional govern- ment than to a special-purpose Bay The amount of money that would be Carrying out the Bay Plan will require, agency. required to compensate owners cannot PS a-minimum, (a) a planning staff be determined with any precision, -to revise the Plan as necessary and 3. Possible Compensation Costs because the value of property in keep it up to date, and to assist and adjacent to the Bay varies widely local governments in detailed planning The BayPlan does not provide for (sale prices from 1960 to 1967 ranged of shoreline areas, (b) a staff to compensation of owners of lands in the from $150 to about $22,000 per process permit applications and make Bay, for several reasons: acre) and because some owners would the necessary inspections to insure be permitted to develop and receive that construction is in accordance with a. Many owners of parts of the Bay some economic return under the Plan permits issued, (c) consultant help- will have an opportunity to make policies, and would therefore not be primarily in the fields of engineering some economic use of their holdings entitled to compensation. Never- and ecology-to help with future within the Bay Plan policies, i.e., theless, for purposes of estimating, planning and permit processing, (d) they will be able to develop their it is worth noting that about 57,000, engineering review and inspection, shoreline property and some of their acres of the Bay are in private to carry out recommendations of the Bay holdings for purposes directly ownership; at an average price of Fill Review Board, (e) attorneys, related to the Bay-ports, water- $500 per acre, the total purchase price appraisers, and other technical assist- related industry, and water-related would be some $28.5 million; at an ance in the acquisition of any lands recreation-or for Bay-oriented average price of $5,000, the total bought for recreation and for wildlife commercial recreation and public as- price would be about $285 million. preserves, and (f) other normal sembly. This higher figure is reasonably in line 40 with the "full market value" of all with special reference to engineering privately-owned property wholly or characteristics, to be used as a basis partly in the Bay, as determined for establishing risk classification zones. from the records of the nine Bay Area county assessors. Based on assessors' 6. The economic importance, future records, the current total value is about growth, and requirements of airport- $180 million; it appears reasonable to oriented industries. increase that figure by about one- third, however, to reflect the fact that 7. The effect upon marshland produc- unimproved land is apt to be valued tivity and particular species of fish for tax purposes somewhat below its and waterfowl of salinity changes actual market value. Such an adjust- resulting from public works. ment would give a total estimated value of some $240 million. 8. The potential of the Bay system as a commercial fishing area. Possible Sources of Funds for 9. New methods of sedimentation Compensation Costs. Various control in the Bay through upstream Federal programs have money avail- improvements and new dredging able for purchase of open space and techniques. conservation lands, but as noted above, these generally require matching funds. 10. The specific effects of urban devel- Matching funds would be necessary opment on the wildlife habitat value of in large amounts; even assuming Baylands nearby. funds from local governments, private foundations, and some gifts, addi- 11. Means of disposing of or economi- tional sources would still be needed. cally utilizing spoil from channel- As in the case of funds for recreational dredging projects, to reduce pressures lands, a regional bond issue might be to fill marshlands and tidelands with the most appropriate means of raising dredged mud. these funds, and the success of such a bond proposal might well de- 12. Determining, if possible, the mathe- pend on (1) whether the bonds were to matical relationship between a be repaid from property taxes or particular amount of fill and the from other sources of revenue, and reduction in the Bay's waste-assimilative (2) whether the bonds required a two- capacity. thirds majority vote for approval, or only a simple majority. 13. Developing more detailed standards and criteria to carry out Further Research the intent of the policies on public access to the Bay, with due considera- The Bay Plan is based on the best tion to practical problems of information available. But n 'ew infor- maintenance, public liability, and mation is constantly being produced. policing. Therefore, the Plan should be continually reviewed, and amended as 14. Developing more detailed stand- necessary, in light of the further ards and criteria to carry out the intent information that may become available of the policy that shoreline areas "be as to various -aspects of the Plan. used in any manner that would not The Bay agency should take the lead adversely affect enjoyment of the Bay in further research on topics such as the and shoreline by residents, following (which are in addition to employees, and visitors within the area specific research suggestions listed in itself or within adjacent areas of other sections of the Plan): the Bay and shoreline." 1. Identification of specific diked-off areas which, if reopened to the Bay, would significantly improve water circulation. 2. The feasibility of an intra-regional water transportation system for containerized freight. 3. A program for gradually phasing out and relocating marginal and inappropriate developments occupying land needed for water-related uses. 4. Determination of the effects of specific fills on the climate of surround- ing areas and the region. 5. Detailed mapping of fills, soils, and 41 geology of the Bay and shoreline, C A@ Ailu; 4T'A@t% om kli E. ZZ T -Wr" 3 it Zj IT, ff;p: ga o if b sm s nm ji ic k4 Iit Of The maps that follow are an integral Part VI part of the Bay Plan. They are based on-and show how to apply-the Bay The Plan Maps Plan policies. All areas of the Bay subject to tidal action (and thus proposed to be sub- ject to the jurisdiction of the future Bay agency for control of filling and dredging) are shown on the maps in light blue. Similarly shown in light blue are certain tributaries in which filling and dredging are also proposed to be controlled because of their ecological importance. All shoreline sites designated for prior- ity uses (as identified in the Bay Plan policies) are indicated on the Plan maps. Development of these sites should be governed by the Bay Plan policies for each specific use. Development of shoreline areas not proposed for any specific use should be consistent with the Bay Plan policies for Other Shore- line Uses. Bay Plan policies for which precise areas cannot be mapped-for example, policy statements as to pro- posed Bay or shoreline freeways-are printed on the maps in bold type. Comments that are not part of the Bay Plan policies-for example, sug- gestions for further study, clarification of policy and alternative proposals- are printed in italic type. Comments in italic type are not intended to be enforceable policies of the Say agency. 43 Plan Map 1 18 Notes to 13 14 Plan Map I Natural Resources of the Bay 19 Habitat Values. Plan map shows fish and wildlife habitat areas rated as "high value" and "medium value" by State Department of Fish and Game. Other areas have value as habitat, but lesser value than the portions marked. Shell Deposits. Oyster shells _3 16 dredged primarily for use in manufac- turing cement. Key to Plan Maps 3 -19 4 10 6 7 19 VALLEJO NOVATO 4 @j -4, 'IA d, MARTINEZ SAN RAFAEL j CORTE MADERA RICHMOND LEGEND BERXELEY WATERBIRD HABITAT: SAUSALIT 0 HIGH VALUE MEDIUM VALUE 4 TIDAL MARSH OAKLAND SHELL DEPOSITS f HARBOR SEAL AREAS A 4 MEDA ' SAN FRANCISCO '3 SAN LEANDRO Wt U - , a X) Arbp'14 fffy@ @-t SOUTH SAN FRANCISCO "U'v, W_ H AY BURLINGAME SAN WIATZO -5 REDWOOD CITY -4, 91AL0 ALTO SAN JOSE 0 1 2 3 4 5 6 7 a 9 10MILES Plan Map I . . .@. I . I S A N F R A N C 1 5 C 0 6 A Y C 0 N S E IT V A I 1 0 N AND DEVELOPMENT COMMISSION N NATURAL RESOURCES OF THE BAY zM 2) 0 C (D U) 0 (D Plan Map 2 180 Notes to 13 14 Plan Map 2 Proposed Major Uses of the Bay and Shoreline 19 General. This map shows all areas u proposed for priority uses-ports, MRW, M Hal L I L water-related industry, waterfront 'guz recreation, airports, and wildlife areas. Efl@ W These areas are shown in greater de- tail on following maps. Also shown on R , this map are: (1) salt ponds and other 16 managed wetlands, (2) proposed main ship channel depths and possible super- tanker terminal in accordance with the Hkf policy on Ports; and (3) important vista 04-1 .1 UIN points and "entrance views" (first A- -19 views of the Bay from roads through Key to Plan Maps 3 passes in hills) that are intended for 4 protection in the same manner as other view points shown on the detailed R maps. .4 [it i� I HIM 5 10 -1 W-, 16 IRA D a IiIM. J 17 AS W-0 NOVATO U VALLEP@0 ;'J, NMI, oy A qft 4 P TSUI J Q U1, -- "ok A0f 107@ PITTSBUR -K@ 500A@w@g SAN RAFF-Ak @x U, 7 LEGEND eu@w_@ WATER-RELATED INDUSTRY RICHMOND COR TEMADERA PORT AIRPORT WATERFRONT PARK, BEACH 11E WILDLIFE AREA SAUSALITO TIDAL MARSH -3ER?,ELE U@ SALT POND, MANAGED WETLAND SHIP CHANNELS 70' OR OVER 45'--60' U -45' 35' VISTA POINT OAKLA'4D "ENTRANCE" VIEW FROM ROAD 3 r- 10 T POR 40-- SAN FRANCisco ALAMEDA FREEWAY If SUPERTANKER TERMINAL T) RiNh SAN LF-ANDR3 SOJTH U'A SAN FRANCISCO gA;@ Vd ft "TUV WNWI Iflo, 01 X g ,i, , i , ,, ,, g, 44 ,Ppyw. s',- Mllro _7,wn, g", w@ T'I, Mda ir .-0 .2 @j on if ful"i _04 Z R-A FREMONT UP BURLING PAE AU. w '1--, r@WJ4@1@ X.I A A UN poiq p- SAN MA"E0 0 _1- I q, E UI R' ,,-N ling PEDWOOD CITY ,x PALO ALTO U N d- SANJOSE Plan Map 2 0 1 2 3 4 5 6 7 a 9 10 MILES PROPOSED MAJOR USES OF - . A Im=_1 1,=_1 @ I S A NF R A N C I S C 0B A YC 0 N S E R V A I 1 0 N AND DEVELOPMENT COMMISSION N THE BAY AND SHORELINE' 0 Cl) 0 = Q) 0 (D N r (D ( Q) D %@O 0 Mt C (1) M (0) 0 no% pop (D Plan Map 3 Notes to Plan Map 3 Richmond to Berkeley Point Pinole to Wildcat Creek. Public access to the Bay for recreation is needed in this area, although existing shoreline conditions make this difficult. All development in this area should include provision for substantial public access. Naval Supply Center, Point Mo- late. Plan maps indicate recom- mended use for Bayfront military in- stallations if one or more of these bases is ever declared surplus by the military. The Bay Plan does not advocate the closing of any military installation. Point Richmond Park. The pro- posed park will surround some flat land remaining in private use. Use and landscaping of the remaining private lands should be coordinated by owners and city for compatibility with park. Richmond Port Area. Nearness to deep water offers opportunities for expansion of Richmond port operations. New port development should provide for public access to the Bay, and for waterfront recreation, to the maximum extent feasible. The eastern boundary of the port area should be determined on the basis of a detailed planning study for marine terminals and indus- trial development. If feasible, this boundary should be far enough west to permit com mercia I -recreation uses adjacent to,Point Isabel. A -POINT-BEACH AND PAR propc psed, -preserve charcicter,6f ii ugged po nt. _.d me, Prpvi e.kafe, easy.pedestrion ciccess.,S6 7*0, Y, prciv blic access to shellfish areas. 61 PINOLE P INT" d -1iciI_ _'.wat@rroi"dAndus"- Un or stu y, ir@ and p tintial "d 6"' 11 "S o, par a eac 0 m 7;i fill may@6'noed d jy ;4" 0, THE SISTERS Preserve islands. Wo development. k, UT, A'@n LANDFILL U' RICHN POINT SAN QIi [email protected]@ a< ENTIN TO cr POINT SAN PEDRO W to w 0 and scenic drives,'clevelop system ...... . Yl, rks needed, for -beach ou'itsl4o"o In connection ith shoreline po X151ting 01K05. of riding and hiking trails. POINT SAN PABL Cl d or m e As not needs 'f cirin terminals, iedleIvelcip4cii", <rZ=><1 creational uses.' PT. SWAN, PABIL THE BROTHERS 0'0 Preserve islands and lighthouse. Acces's by boat only. RICHMON Possible Marina. NAVAL SLIPPLY,CENTER If and when not,needed by Navy, acquire and develop for park. PT. r.,MLATE Existing underground fuel storage tanks may be used by., industry. POINT MOLATE BEACH Extend beach from P aint Mollate -q to Castro Point. Some fill may be needed. RICH ND-sAN RAFAEL SRI D6E dAS 7,7 0 4 iii. d RED ROCK CASTIR RED Preserve island. ROCK Protect @hoibor se 11 Wo development ..,houlbig,grgund. No,public, POINfMbLATE TO POINT RICHMdkb' XA Develop riding and hiking trails. Some,fill may@be needed.' Ip Protect 01"@,PrOvidM-public' access to shellfish- b6cls,ciffiltoike M Extend 0 lteiiry Point ond"iijeancl4winc u Vista point. Satno,@Fql West -4 't t,'RICH A, I J I evolopAor.,mocifirn m U ALL@4xuudt I i7, "A' re-o ''if" 'I ted irdidu A,q VM some- nwiy no J_; n& nor r vCA6 4n " 'Hit b6i'Chicinnel":1 -P E _T@JW L,1 LEGEND Ac':@-@',@ D, REGIONALzPARKZ '4R,68 "S @Jli AN PORT boat', only. No, co -Pjf-Z1 A WATER-RELATED INDUSTRY par.'"T IN y @D 140',-%, Z12 I Zl'@ d 'ovid" A@ v 1 @[email protected] pr e,,.p I V CH WATERFRONT PARK, BEA 0 S 5 aclcess@, 10 sj@,, % TIDAL MARSH V-l VV, WILDLIFE AREA R@ A M' Existing Proposad A MARINA miilir i"AW4, _y @A FISHING PIER "A RECREATIONAL FERRY ""ALWAAY4136KELE411r., LAUNCHING RAMP "60 n V OPIPU WC lip T be rif bc!6& to creat @drecis.@Scimb'fill-rnay is COMMERCIAL RECREATION areas VISTA POINT -W A Vn 'pa space., 'tt SCENIC DRIVE FREEWAY "n RAILROAD 2 BARTD N 'n y,west of present BAY AGENCY POLICY: PRINTED IN BOLD TYPE ss, airreasonable, a no Iter Aves are found..infeasibl' BAY AGENCY SUGGESTION: PRINTED IN ITALICS and'ne4d for Bay-rditite'is -clearly shown. 0 2qOO 8000 10000FEET Plan Map 3 4CPO S A N F R A N CI S C 0 B A Y C 0 NS E A V A 7 1 0 AND DEVELOPMENT COMMISSION RICHMOND TO BERKELEY F :r 0 CL pop CA) 0 W (D M1 X (D (D Plan Map 4 Notes to Plan Map 4 Berkeley to Oakland Oakland North Harbor Area. The proposed Oakland North Harbor fill is not included in the Bay Plan because need for it has not been sub- stantiated. However, the Port of Oak- land proposal should receive continued consideration in the light of changes- in shipping technology and regional port facility needs. Oakland Army Base, Naval Supply Centers, Alameda Naval Air Station and Reserve Shipyard. Plan maps indicate recommended use for Bayfront military installations if one or more of these bases is ever de- clared surplus by the military. The Bay Plan does not advocate the closing of any military installation. San Leandro Bay. Bay Plan in- cludes Alternative A, one of four pro- posals for San Leandro Bay in report to Port of Oakland by consultants Wilsey and Ham, but without a 66th Avenue roadway crossing the Bay. Alternative A emphasizes maintaining ecology and increasing recreation. Some dredging required for boofing. Bay Farm Island. About 1,000 acres, diked and now being filled, are planned for housing. The site is adja- cent to Oakland Airport, and may be suitable for airport-oriented industry. Bay Farm Island development should not interfere with aircraft operations at Oakland Airport. LEGEN PT. ISASEL PORT AIRPORT WATERFRONT PARK, BEACH TIDAL MARSH 0 (P WILDLIFE AREA Protect and provide public access 0 to shellfish beds offshore. Existing Proposed MARINA FISHING PIER W<:=:!> 0 RECREATIONAL FERRY 0 LAUNCHING RAMP Air T COMMERCIAL RECREATION ALBANY-BERKELEY-EMERYVILLE 0 VISTA POINT Develop public and commercial recreation V SCENIC DRIVE B ER K E I _E' 00 areas. Some fill may be needed tocreate 0 FREEWAY usable shoreline areas, protected water 07 7@_ areas and park space. RAILROAD BARTD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS C@3 No freeway in Bay west.of present shoreline unless all reasonable alternatives are 0 found infeasible and need for Bay 0 0 route is clearly shown. EMERYVILLE CRESCENT'WILDLI REA, (proposed) 0 0 'D TALI. OAKLAND ARMY BASE AND 0 <C__:@ NAVAL SUPPLY CENTER e 0 Some fill may be needed for Army 0 0 0 Base. If and when not needed by 0A X A 61, D military, first consider port and relate in ustria Uses. _0 JACK LONDON SQUARE Expand commercial recreation facilities OAKLAND-ALAMEDA PORT AREA stas needed. Provide continuous public Redevelop Outer, Middle, and Inn r WES Ic access along,Estuary to Lake Merritt Channel. PPOF a Harbors for mod ern marine terminals. BROOKLYN BASIN Some fill may be needed. Expand commercial fishing a and recreational facilities. GOVERNMENT ISLAND 00 if and when not needed by Coast Guard, commercial redevelop for public and NAVAL SUPPIL recreation uses. Y CENTER AND RESERVE SHIPYARD dc NAVAL AIR STATION If and when not needed by 0 Some fili'may be needed 1: Navy, give first consideration operations. Keep runway appro 'Cl to port and related industrial and takeoff areas clear of tall structures uses. and incompatible'uses. if and when not needed by Navy, first consider port and related industrial uses. ALAPtAir-MA. SAN LEANDRO BAY valuable wildlife habitat; great recreation potential. Develop boating -0, facilities and parks, but preserve wildlife habitat. Provide continuous public access to northeastern and southern A -EACHES"' Possible scenic @ @B shorelines. Some fill may be needed. path Coliseum neecleid, for, - Some fill mak,'be'. goo, b h an&marina-,prot cti Ba eac to Ba @,Q Protect and rovi I -;*zt@@ -to shellfish s, SOUTHERN',CROSSING AND APPROACHES 00 Design so as to (1) enable rno@orists to,,,,,,. 4�@ , 17 _01 e 000 se Bay and: shoreline;,(2) have shm,profile t -ty and bridge pp siructure;@cmd'(3 permi 100 so illioutIs to pa.sIs und -er bridge-ty,pe, structure in several places. No fill may BAY FARM ISLAND be used for toll plaza, service and office Undeveloped areas may be areas,or roadways unless all reasonable suitable for airport-related industry. alternatives are found infeasible and need is clearly shown. 0 2000 4000 C 10000 FEET Plan Map 4 6=====i - L__i TO 8e S A N F R A N C I S C 0 B A Y C 0 N S E R V A T 1 0 N AND DEVILOPMENT C 0 M M 1 5 S 1 0 N BERKELEY TO OAKLAND CD M %OC pop 0 J@Ilk 0 CL Plan Map 5 Notes to Plan Map 5 Son Leandro, Hayward Bay Form Island. About 1,000 acres, diked and now being filled, are planned for housing. The site is adja- cent to Oakland Airport and may be suitable for airport-oriented industry. Bay Farm Island development should not interfere with aircraft operations at Oakland Airport. Hayward Waterfront. Presently undeveloped. Detailed planning is needed to determine most desirable waterfront design. lol- Protect and provide public access SAN LEANDRO BAY to shellfish beds offshore. Valuable wildlife habitat; great recreation potential. Develop boating facilities and parks, but preserve wildlife BAY FARM ISLAND habitat. Provide continuous public access to northeastern and southern Undeveloped areas may be shorelines. Some fill may be needed. suitable for airport-related industry. OAK"Nr) OAKLAND AIRPORT 17 Further expansion into Bay only if a a clear need is shown by regional airport system study. Keep runway 0 approach and takeoff areas clear of 0 0 tall structures and incompatible uses. 0 Possible extension of scenic drive. SAN LEANDRO a SHORELINE PARK SYSTEM S AN i E -A N 0 R 0 Protqctvn&1 provide, public access to shelifish'beds offshore. 0. HtOIVARD 1W HAYWARD Prepare, precise plan and development t ram.for, P 09 waterfront area. Provide continuous public access to shoreline. PON ku "0 Protect valuable wildlife habitat. LEGEND @M S5 Zg_- 1114 R, Ulf eK TFCA R A AIRPORT 0-HVU, JU WATERFRONT PARK, BEACH 5 D TIDAL MARSH -HE -e SALT POND, MANAGED WETLAND 4 RAI, Existing Proposed MARINA M@ 1411P NIL -e,i FISHING PIER M So- RECREATIONAL FERRY LAUNCHING RAMP -4, lip qP COMMERCIAL RECREATION UP, SCENIC DRIVE FREEWAY 0" RAILROAD BARTD BAY AGENCY POLICY: PRINTED IN BOLD TYPE 0 ITALICS BAY AGENCY SUGGESTION: PRINTED IN 'M V 0 10000FEET Plan Map 5 S A IN F R A N C 1 5 C 0'B A YC 0 N S E R V A T 1 0 N AND DEVELOPMENT COMMISSION N SAN LEANDRO, HAYWARD Cn M CL M% 0 CL Plan Map 6 Notes to would require cooperation of the Wildlife Refuge. The inclusion of Plan Map 6 salt company. Parking would not be either or both areas-the salt ponds Santa Clara and Southern provided near the facilities because and marshes in Alameda County south Alameda Counties this would require substantial fill of Coyote Hills Slough, and those and because salt pond dikes would not between Coyote Creek and Alviso Dumbarton Bridge Approach. If accommodate heavy vehicles. Access Slough in Santa Clara County- salt ponds north and south of bridge might be provided by lightweight would be consistent with Bay Plan approach are ever removed from shuttle vehicles atop dikes, with parking policies. The terms of the acquisition salt production, dikes could be confined to areas ashore. should permit the salt ponds to breached and ponds opened to tidal continue in operation as long as action; water circulation might thus be Water Quality. Water at extreme desired by the owner of the ponds. improved. (This would involve public south end of Bay is often polluted so as purchase or required opening of dike to discourage recreational use of as part of plan to urbanize other pond sloughs and Bay. Greater recreational areas.) This possibility should be use will require improved water quality. considered in the design of new Some improvements in the quality of Dumbarton Bridge and Freeway; water. in the South Bay are now being present causeway on earth fill might be made pursuant to requirements of replaced by structure on pilings. the Regional Water Quality Control Board, and studies underway by Toll Plaza. Best site for toll plaza waste dischargers will lead to further for new Dumbarton Bridge is difficult improvements. Recommendations for to determine: toll plaza on east shore long-range improvements to water should avoid cutting into Coyote Hills, quality will be part of the 1969 plan of should avoid filling of Bay or salt the Bay-Delta Water Quality Control ponds, and should be satisfactory Program. distance from interchange with proposed Freeway Route 61. Similar Subsidence. Area subject to sub- location problems exist on west shore. sidence. Construction in or near Bay Further study required, including should be carefully planned, taking consideration of collecting tolls in into account effects of future manner not necessitating toll plaza. subsidence. Plummer Creek. Plummer Creek to Moffett Naval Air Station. Plan the eastern limit of the salt pond area maps indicate recommended use for is a vital part of the ecological system Bayfront military installations if one or of the Bay and is included within the more of these bases is ever declared proposed jurisdiction of the Bay agency surplus by the military. The Bay Plan (for purposes of filling and dredging does not advocate the closing of any control only). military installation. Access to Parks and Marinas National Wildlife Refuge. Two Outside Salt Ponds. Some parks areas on Map 6 are being considered and marinas are proposed Bayward of by the U. S. Department of the salt ponds. Access to these facilities Interior for acquisition as a Federal "0 1 2 LEGEND WVIAI _1 t;i I Milk al AIRPORT v BEACH WATERFRONT PARK, N WE TIDAL MARSH SALT POND, MANAGED WETLAND 14 Existing Proposed MARINA 186, FISHING PIER RECREATIONAL FERRY COMMERCIAL RECREATION M SCENIC DRIVE FREEWAY 4@ RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS Y -ate- , quir Rot_= "I'M ain sible Aquatic Park. 4 FREMONT 21. bl@ DUMBARTON BRIDGE -41 gal -posed high-level bridge to Design P have slim profile and minimum sup rti V 0 1---- structure and to enable motorists to see Bay and shoreline. Approaches should QR provide for fishing and wildlife observation. Toll plaza site under study. NO R,%VZWSr70QD PT. ]U a I... ......... .... 'Nalt @KIIV, DUMBARTON POINT Waterfront Park (proposed) 4 Bouriddries to'be determined. Water-oriented uses only. Same'-fiil maj,6iii'needed. NEwA RK SLOUG, A, @tOYOTE CREEK Protect harbor seal.nurse if not needed for salt Production,, 1 -and hauling grounds. w PUnd between Cooley Landing and' No direct public access. railroad bridge should be developed R U 'W M for recreational use. Expand Cooley i'M 15 Z 9 marina northward. SOUTH BAY Preserve valuable wildlife habitat-and Rini EN PARK develop recreational boating. Some fill gm COOLSY LAWDIWe and dredging may be needed. Parts ps RIN y aiid'salt ponds may be acquired of'Ba as permanent wildlife areas. ilk Possible-small islands, and, levee parks accessible only by boat. Launch service from Fremont, Son Jose, and Palo Alto. PARK (proposed) PALO ALTO VA VaRas PT. (L7YL Vater-okented uses only. WILDLIFE AREA 19me fill may be needed. opw YN if not needed for salt production, 04 al- nclsbetween Stevens Creek and PO Charleston Slough shouldbe added' _V a -A N rth County Shoreline Pa MR4 yet ......... TER 0 rk eve iTcr !,ve Complex as recreation lakes or- "t nus.,nectV ildlife area. pme 07, cisst 11,7 R K@j "d U I 1 75 Rt" RE MIEN, 'TW, T pr lei 4 a N, �2 11 1 lh@` ett ou PALO ALIM 1 75 NTY NORTH SANTA CLARA C K COMPLEX SHORELINE REGIONAL PAR (proposed) hi 0 U N'TA N V 1 E W -w@ _j :MOFFETT NAVAL AIR STATION I if and when not needed by Nav SUNNYVALE 1 site should be evaluated for ---_icommercial airport by regional airport system study. 0001 @0 J19 Plan Map 6 0 2000 6000 8000 10000 FEET 122 1 !M - 3 A N F R A N C I S C 0 RAY C 0 N 5 E R YA T 1 0 N AND DEYELOPMENT CommISSION N SANTA CLARA AND SOUTHERN ALAMEDA COS. CL 0 0) 0) 0'% 0 CL M Cn U) 0 (D Plan Map 7 Notes to Access might be provided by light- Plan Map 7 weight shuttle vehicles atop dikes, Coyote Creek with parking conflned to areas ashore. Coyote Creek. Coyote Creek to Water Quality. Water at extreme the easternmost point of Newby south end of Bay is often polluted Island, and also the branch of the so as to discourage recreational use creek on the south side of the island, of sloughs and Bay. Greater are vital parts of the ecological system recreational use will require improved of the Bay and are included within water quality. Some improvements in the proposed jurisdiction of the Bay the quality of water in the South Bay agency (for purposes of filling and are now being made pursuant to dredging control only). requirements of the Regional Water Quality Control Board, and studies National Wildlife Refuge. The underway by waste dischargers will salt ponds and marshes between lead to further improvements. Coyote Creek and Alviso Slough are Recommendations for long-range being considered by the U. S. Depart- improvement to water quality will be ment of the Interior for acquisition part of the 1969 plan of the Bay-Delta as a Federal Wildlife Refuge. This Water Quality Control Program. proposal would be consistent with Bay Plan policies. The terms of the Moffett Naval Air Station. Plan acquisition should permit the salt maps indicate recommended use for ponds to continue in operation as long Bayfront military installations if one or as desired by the owner of the ponds. more of these bases is ever declared surplus by the military. The Bay Plan Alviso-San Jose Waterfront. does not advocate the closing of any Detailed planning is needed to military installation. determine most desirable waterfront design and to overcome subsidence problems. Proposals should emphasize the great recreation potential of this area. Access to Parks and Marinas Outside Salt Ponds. Some parks and marinas are proposed Bayward of salt ponds. Access to these facilities would require cooperation of the salt company. Parking would not be provided near the facilities because this would require substantial fill and because salt pond dikes would not accommodate heavy vehicles. A m "V1, 4 NEWARK _3 tunl- a Rg: IN - RM!" i tg- a. tiff" FREIVIONT IN am.[ -A %iff -0 r H lit U Walk MI gip !I Wit. KIM H Q HSH NEWBY ISLAND W "N Provide levee access for wildlife observation. .-CALAVERAS F IT -15 dr191',,1y_11( @WBRI g. .. . .. . .T,-',,,,@,"'' ZM NEWBY j SLAIM RVE S, ell am N A N 14, &I mz,- Possible Shalf6w-'@ r.111101 d -T _911RVtW0& Loma T; V"M lalfi,; -Di -dft Par _75 ijq%j_g2. mmp -03� MAP @j a qg 1% 'Ituagal 'P -PARK,( 0 N 1" N, V rdirle-b-te'd uses r, dwipWf 01 Al tQ 1 %11 it VIL 1110, 01 'a"' be neiW- "t, - -,r - %W g. qa WF T 17 lipsk; ug 'I N@ _WI 11RUIROW WIN Im 11 Q tag-va'! 'A " 04,121 %VlHa H11 .@!, j%B N 0 KIM jIf4 in, tYjolt production 4 ut-0111, N, nor -at ,pondil At Niaitett Field; Miclen ff9tUcV$1rrq@p1r n uy _ ne ii 1 Vi S6r!, 6444@,j Possible airporyl U.- P41. 5,91"SUIR aI ............ OMNI- it g. 1% f -NIF V it, an all Ar A LVI SO lop a ME H ALVISO-SAN JOSE mil" Prepare precise plan and development 21 NiR Vol program for waterfront area. Expand boating and commercial recreation Fift NAVAL A!I @_-,,S % facilities, provide continuous public If and w en not ne'edio-7 Nov b, access to slough frontage. SAN UOSE M Orcid, airpq. System 1"VALE TA S U N 1% S A N TA CLARA MOUNTAIN VIEW LEGEN AIRPORT WATERFRONT PARK, BEACH TIDAL MARSH SALT POND, MANAGED WETLAND Existing Proposed MARINA Imiliii, RECREATIONAL FERRY COMMERCIAL RECREATION FREEWAY 0- RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS Plan Map 7 0 . 2000 . 40MOO M 6000 8000 10000FEET =Aa@@ 6====l ----A 5 A N F R A N C I S C 0 B A Y C 0 N S E R Y A T 1 0 N A N D D E V E L 0 P.M E N T C 0 M M I S S 1 0 N N COYOTE CREEK Om 0 0 013 Unt M -.4 M Plan Map 8 Notes to Plan Map 8 Southern San Mateo County Redwood Creek. Redwood Creek, Bayward of Smith Slough, is an integral part of the slough system and there- fore part of the Bay. Greco Island. Largest remaining marsh in South Bay. Marsh and adjacent mudflats are important feeding area for birds. Area used by California Clapper Rail, rare species of bird endangered by loss of habitat. National Wildlife Refuge. Greco Island and a portion of Bair Island are being considered by the U. S. De- partment of the Interior for acquisition as a Federal Wildlife Refuge. This proposal Would be consistent with Bay Plan policies provided that it did not interfere with commercial shipping and recreational boating in Redwood Creek. -.1 OV 19 M, lt 0@ 0, MIURIM A "REV, ""W L's _1 -0- I- D IMUR.'a MI_ t, M, 4- @1 12 P. 10, k k 'A 47"tm IM 3 ..... %ffi IRE t 01 E a @,LV Wi,3 -69 kip, -4 A1, ME Eq g1six s, S 41M R H11- -,k&,t1:4UJ tv@' U r ask ovid ? 3$ E W F Protect and Fir e public, access to @shellfish, beds offshore., w", A v -A VIM z t FOSTER CITY Provide continuous public k,- -0 Ew@, access to Bay and Belmont AN Vj S N lough, including paths, beaches, and small parks. 3W 4410W M z Possible'.s afi@66af channetbfcinb@'sh firiokvrl Vj ore ZA E@ 17 M R A!Vk, W n E -w @A 'A 9 t 1R, M Vlemi@!U uu 9 C/S D, a, i 5 rz av .- , x @, ".. I @ ',A @, 1 k @, - 1 j --JI"i i-_BAIRASL REA--v"'y kuA i,j pr9pose)'. M;, -Boun 'WUM, rr,4 aservehi,,r ker`;4f," V. REDWOOD SHORES possi e;@mcycliiivonal c -dWoodcC a Provide continuous pJ C ccess"To bay and to Belmont, Si@in rg i', Smith, and yJs@abcmdcined Corkscrew Sloughs; include paths, beaches, small parks, and wildlife observation areas. -T a DUMBA IRTON BRID6E--", ISLANI)i@ d high-l evel-bridge to n1a e_,slini orcifileand minimum'supporting iiiiiid@,-A"iiWsi@,6i@@bi@at@cinly6 structure and to,enable motorists to see - - ", @ V@ 1@ d "' ' 6S h Bay an shoreline. Approach s ould N ........... V,'j'@@-,proiiclefcirAJ Z shing and wildlife observation. 06, !4 ,"@ 1oll,plazos 'understudy.. `SLOUG S -.1t%JI1NI,,,KAVENSWOOD ANIXFLOOD H REDWOOD CITY is, need WATERFRONT PARK RAViNS@0@0 (propo develop contruned-reve recreation POINT 84 of.'sloughs Bouncla t be det- :d ANX 131 q E@ pg^ ung IOU IN 1 i ME it LEGEND B ID PORT FIVE, w; WATERFRONT PARK, BEACH i. W TIDAL MARSH WILDLIFE AREA F_ khr 'D WETLAND sou 6 SALT POND, MANAGE If not n ed for salt production, M Existin Proposed pond between Cooley Lond!ing an 0001_E@ MARINA railroad bridge should be developed LANDING WENIE-0 MR for recreational use. Expand Cooley FISHING. PIER Landing marina northward. RECREATIONAL FERRY LAUNCHING RAMP lip T COMMERCIAL RECREATION SCENIC DRIVE PALO ALTO WILDLIFE AREA FREEWAY RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS Earan Plan Map 8 0 6000 8000 10000 FEET I I SAN . FRANCISCO 8 A Y C 0 N S E 2 V A T 1 0 N A N D D E V E 1 0 P M E N I C 0 M M I $ S 1 0 N N SOUTHERN SAN MATEO COUNTY U) 0 C 0.1.3 =r (D Cl) 0 0 0 pop Plan Map 9 Notes to San Mateo County NPIoarntlhearnp 9 Burlingame Waterfront. Presently undeveloped. Detailed planning needed to determine most desirable waterfront design emphasizing recreation with minimum of Bay filling. San Mateo (City) Waterfront. Presently undeveloped. Detailed planning needed to determine most de- sirable waterfront design emphasizing recreation with minimum ofBay filling. Possible Shoreline Channel. Dredging shallow-draft channel parallel to shore would greatly increase recreational opportunities for small boats and recreational ferries. This could @e done so as to separate valu- able marshes and mudflats from the shoreline, without damage to ecology. Dredged mud could be care- fully placed to create new marsh, but dredging might be costly. 0 ;D U.S. 101 CAUSEWAY z Develop scenic frontage road and turnouts for fishing and viewing.@ 4, i Protect shellfish beds offshore. No freeway in Bay east @of@ U.& 101', tmiess all, reasonable @alter'nativiss 'for are found infeasible and need, Bay ropte, isclearl shown. BRISBANE % AQUATIC PARK, (proposed) SAN BR N U'O MOUNTAIN SIERRA PT. "n Regional Park (proposed) OYSTER POINT Expand marina and develop shoreline park to head of Oyster Point Chaninel.' be ay 'n ed. T"j, M", Some fill m "M SOUTH SAN FRANC1S%`0'0 POW SAN SRUMO ublic'access Protect and provide p to shellfish beds offshore. Possible Park and Marina@ Possi le Airport Industr SAN FRANCISCO AIRPORT Further expa "sion into Say only if clear need is shown by. regional ,airport system study. Keep. runway approach an& takeoff a free from compailkil' tall structures and in 9 e uslese Develop scenic. drive cind'ridiri'g and hiking, trail along wWerfront from airport to Foste r C Y-,:, 101 LiNdAME SHORELINE PARK @BUR COYOTE ARK_ (pr6posedY xpa -@@E ' md:6achand@marra"'. Some I may'be needed. Retain,lagoon,as@opem water., fil BURLINGAME Prepare precise plan and development program for waterfront, in e I@OYOTE PT. continuous public access to ay shoreline for viewing and fishing. Some fill may be needed. 16le S,rnall-boat charinel'along shoreline. /C AN MATEO LEGEND Prepare precise plan an velo ment ubjYME program for waterfront, e hasizing POINT AIRPORT water-oriented recreation. WATERFRONT PARK, BEACH Some fill may be needed. TIDAL MARSH Existing Proposed MARINA FOSTER CITY FISHING PIER Provide continuous public RECREATIONAL FERRY access to Bay and Belmont Slough, including paths, COMMERCIAL RECREATION beaches, and small parks. -V "ENTRANCE" VIEW FROM ROAD VISTA POINT SAN MATEO SCENIC DRIVE FREEWAY 0== RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS 0 2000 4000 -FEET Plan Map 9 3 A N F R A N C I S C 0B A Y C 0 S E R V . T 1 0 N AND DEVELOPMENT COMMISSION N NORTHERN SAN MATEO COUNTY ZM 0 =r (D pop (D 0 0 0 Plan Map 10 Notes to requires further study. If connection is Plan Map 10 close to Candlestick Cove, large over- San Francisco and Brisbane pass structure will be required, marring San Francisco-Marin Crossing. present spectacular views of Bay for motorists heading south on Bay- The Central Bay is the most widely en- shore Freeway at Bayview Hill. If con- joyed part of the entire Bay and nection is farther south, in Brisbane, this attractive setting should be pro- long structure in Bay will be required. tected. Transportation agencies have Other considerations include effects reached general agreement that upon future development on shoreline of traffic congestion problems can best be Candlestick Cove, and future U. S. solved by establishing fast, modern 101 connections to proposed Geneva complete bus system. Therefore, Avenue and GuadalupeParkway Plan makes no provision for second deck extensions. on Golden Gate Bridge, or for any additional vehicular crossing. Increased auto capacity on Golden Gate Bridge, or a new vehicular crossing, could require new or enlarged toll plazas, service areas, access ramps, and freeways on both the San Francisco and Morin sides, with possible disruption of scenic area's on both sides of the Bay. San Francisco Waterfront. Sug- gested scenic transit system (special bus, elephant train, cog railway, etc.) could be major waterfront attraction, could eventually operate entire distance from Golden Gate Bridge (or even Ocean Beach) to Ferry Building (or south to China Basin). Hunters Point Naval Shipyard. Plan maps indicate recommended use for Bayfront military installations if one or more of these bases is ever de- clared surplus by the military. The Plan does not advocate the closing of any military installation. Hunters Point Freeway at Candlestick Point. Connection to U. S. 101 south of Candlestick Point TREASURE ISLAND If and when not needed by Navy, ALCATRAZ ISLAND PIER 41 TO CHINA BASIN redevelop for public use. Provide I Use under study. Retain in public As not needed for marine terminals, piers continuous public access to Bay. @ownership.- Access: ly lsoat@only ATAX7--way, bd46develope&fwof her usevProvide 1WAh' 'SLAMD Special design opportunity. continuous public access to the Say in all LIUC PT ',new projects: New projects should also.- 0 I-emphasize public and commercial recreation, TREASURE especially, in, Ferry, Building oreai ISLAND G) 2-increase amount of open water as piers 10 in S are rebuilt, W views of Say from hilltop vista GOLDEN GATE BRIDGE point, the Embarcodero, and Encourage improved publ FOR adjoining streets. transportation. No second T MASON 4 YERBA BUEMA at needed by Army, develop waterfront L ISLARID deck or new crossing for automobiles. and 0 TO PT. 0 1,4 HER N'S WHARF 0 YERBA BUENA ISLAND Develop waterfront'Oor a If and when not needed by Nov 06r Possible Commuter 0 0 or Coast Guard, redevelop released Qpand l"Al' "d Ferry Terminal. commercial'f@ r 0 areas for recreational use. 'edE tional facilities as ee e 0 0 0 RIWCMt PT. 0 Jobs.. A Possible scenic transit system along 15 0 0 waterfront from Ocean Beach to China Basin. Possible Passenger Ship Terminal. PRESIDIO If and when not needed by Army, retain at least shoreline and undeveloped areas as regional park. PORT SAN FRANCISCO Redevelop for modem marine terminals. Expand marina and:develop waterfront park near Central Basin. Some fill 0 may be needed. POTIREIRD n. 0 0 Al INDIA BASIN Some fill may be needed for port and 0 recreational uses. Retain maximum open 0 water. Design bridge and approaches in basin to have slim profile and,cli"r "ilboati.6 spans to permit passage under by 0 Provide easy truck access between terminal and Butchertown industrial area. 0 0 SOUTH BASIN HUMTZRS PT Some fill may be needed in nlet \IIJIM\V- West of proposed freeway. BAY VIEW PARK trail link soury ont. HUNTERS POINT NAVAL SHIPYARD Some fill may be needed for shipyard. If and when not needed CANDLESTI[CK PT, by Navy, give first consideration to port and industrial use. LEGEND CANDLESTICK POINT V SHORELINE PARK Z (proposed) PORT Some fill may WATERFRONT PARK, BEACH be needed. 0 Existing 6RISiANE Pr0posed W/ 44i.IiTIC PARK U.S. 101 CAUSEWAY MARINA (pro sed Develop scenic frontage road and FISHING PIER turnouts for viewing and fishing. RECREATIONAL FERRY 7 Protect shellfish beds offshore. COMMERCIAL RECREATION IS N, "ENTRANCE" VIEW FROM ROAD a 10'Jeasy pei ion VISTA POINT ig s; cicir6iii@'"WL'-` SCENIC DRIVE ... J FREEWAY SIERRA PT. GUNT I RAILROAD No freeway in Bay east of U.S. 101 BARTD 0 0-0 unless all reasonable alternatives are found infeasible and need for BAY AGENCY POLICY: PRINTED IN BOLD TYPE kg SOWTH SAN FRANCISCO OV87ER pT. Bay route is clearly shown. BAY AGENCY SUGGESTION: PRINTED IN ITALICS U @ND L ..t needed by No pu lic Ue@ b Prov 7de c ac .. s Bay. G1 in I publi @J.nd Plan Map 10 FT2 4222 !A= 8200 10000FEET S A N F R A N C 1 3 C 0 B A Y C 0 N S E IT V A T 1 0 N AND DEVELOPMENT COMMISSION N SAN FRANCISCO AND BRISBANE U) mn 0. 0 0 2) CL W mot. CAI Cr (D Plan Map 11 Notes to Sausalito-Possible Commuter Plan Map 11 Ferry Terminal. To minimize traffic Southern Marin County and parking problem, should be served by mass transit or else designed Point San Quentin-Possible to serve Sausalito and Mill Valley Commuter Ferry Terminal. No only with other terminals serving rest of fill for parking beyond existing dikes. Marin. Shoreline Parks. Shoreline parks Appearance and Design. Housing could be built in several areas between density in hills of Sausalito, Tiburon, existing or proposed shoreline roads and Belvedere should respect the and the shore from Tiburon Peninsula to topography; cluster development Point San Pedro. Further study needed. appropriate in some areas. Tiburon-Possible Commuter Forts Baker, Barry, and Crankite. Ferry Terminal. To minimize traffic Surplus Army land now being and parking problem, should be acquired for State Park system. served by mass transit, or else designed to serve southern Marin only with San Francisco-Marin Crossing. another terminal built to.serve northern The Central Bay is the most widely en- Marin. joyed part of the entire Bay and this attractive setting should be protected. Tiburon Boulevard Widening. Transportation agencies have reached Minimize fill by using existing roadbed general agreement that traffic (or perhaps railroad right-of-way) congestion problems can best be as part of new right-of-way. Preserve solved by establishing fast, modern hilltop vista point. complete bus system. Therefore, Plan makes no provision for second deck on Richardson Bay. Under study. Prob- Golden Gate Bridge, or for any lems: (1) substantial dredging additional vehicular crossing. Increased required because of siltation, (2) access auto capacity on the Golden Gate needed to upper reaches west of U. S. Bridge, or a new vehicular crossing, 101 Freeway for potential marinas, could require new or enlarged toll (3) complex ownership pattern. plazas, service areas, access ramps, Objectives of current study: to provide and freeways on both the San Francisco suitable private development, a and Marin sides, with possible dis- shoreline park, and a scenic drive with ruption of scenic areas on both sides minimum Bay filling. of the Bay. Sausalito Recreational Ferry. Ferry terminal could be connected to central area by "elephant train" along waterfront or Bridgeway. Or terminal could be placed in central area if parking can be provided. Ae" J71 0& AR UNTAIN V11, THE SISTERS Develop vista points alang@ a Preserve islands. SAN PEDRO MO !d J No developm 4@ ent. IV61 '0@ v, 514%, A POINT SAN QUENTIN TO r ANITARY LANDFILL RICHMOND S SANPEDk6 P61NT Proposed Park. Give priority consideration in connection with shore-line to beach development. Some fill may be parks and scenic drives, develop eeded for beach outside existing dikes. n system of riding and hiking trails. POINT SAN PABLO Design, bridge; as scenicaddition to San Rafael Creek. Provide As not needed for marine c earance for sailboats.: terminals, redevelop for '01 lzs @ reational uses. F9119 TzXI'PML0 SAN RAFAEL 0 MARIN - ISLANDS ,THE BRQTHERS4 is 'Protect wildlife value., Preserve lands . . . . . . . . and lighthouse.. M, Accesiby'boot only, rino. Possible Mo "NAVAL Y, ET"' SUPPL C ER If,and'when rat"ie e4ied by Navyp r C@@ Possible C mmuter.Ferry Terminal. P'u - - @ existing underground fuel storage tanks may be usedby industry. 80 0=- WTI N POINT MOLATE BEACH ....... 'Extend beach from Point Molat "to, Castro Point. Some fi may be needed. RICHmOND- SAN RAFAEL Protect and provide public access to shellfish areas offshore. U7 RED ROCK CASTRO ROCKS rn Preserve island. Protect harbor seal CORTE MADERA SHORELIN'E,PARK No development. (proposed) hauling ground. No public access. _71@ RICHMOND POINT MOLATE TO POINT RICHMOND @n, Develop riding and hiking trail. me fill may be needed. 'So Al e Protect and provide public access to shellfish beds offshore. N Extend park from Keller's Beach to Ferry Point and inland to. ini ud vista 7 IL point. Some fill may be needed west of railroadpT 40 for beach RiCKWOM %og Hwko a_o TRW- FMY PT. 4- "Aw C@ MILL ,Nv V 'Ey AL&I TIBURON OCEANOGRAPHIC CENTER (former,,Navy Net.Depot) P At, If and when' not needed by Federal, ji. 0oviernrnent,'acquire and develop for park. RICHARDSON BAY KEIL COVE-BLUFF POINT PARK WATERFOWLREFUGE (proposed) and provide public TiBUR N ANGEL ISLAND STATE PARK protect, access to shellfish beds offshore g Use only for camping, picnicking, water- oriemed recreation.Access by bout X N, only. No commercial uses except for convenience needs of park visitors. Possible Commu er p il 41 Y, -NO Ferry Terminal. LEGEND f-,RN, e Ole, -RELATED INDUSTRY WATER rjim"Z $AUSALfTO PT 8 Possible Commuter Ferry Ter.minak' WATERFRONT PARK, BEACH C.) TIDAL MARSH WILDLIFE AREA Existing Proposed MARIN HEADLANDS STATE PARK z MARINA all lz@7 As not needed by Army, acquire and ex erve and protect FISHING PIER especially on Golden RECREATIONAL FERRY @oast sides. Limit LAUNCHING RAMP t coves) to foot lip T niculars. No COMMERCIAL RECREATION except for convenien i "ENTRANCE" VIEW FROM ROAD Itors. ALCATRAZ ISLAND VISTA POINT Use under study. Retain in public SCENIC DRIVE -ownership. Access'by bout only. Special -design opportunity. FREEWAY GOLDEN GATE BRIDGE RAILROAD Encourage improved public BAY AGENCY POLICY: PRINTED IN BOLD TYPE deck or new crossing for i BAY AGENCY SUGGESTION: PRINTED IN ITALICS low automobiles. transportation. No second Plan Map 11, 0 2000 4000 10000FEET I . I @ --i S A N F R A N C I %C 0 6 A Y C 0 N S E R V A T 1 0 N AND DEVELOPMENT COMMISSION N SOUTHERN MARIN COUNTY 0 E)7 C 0 Polo[ (D Mq 2) Mq 0 0 pop Plan Map 12 Notes to Plan Map 12 Western San Pablo Bay Hamilton Air Force Base. Plan maps indicate recommended use for Bayfront military installations if one or more of these bases is ever declared surplus by the military. The Bay Plan does not advocate the closing of any military installation. Park Proposal for Area South of Hamilton AFB. Large, undevel- oped area between Hamilton AFB and Gallinas Creek is possible site for major county park. Due to extensive offshore mudflats, would not be suitable for water-oriented recreation. Possible Shoreline Channel. Dredging shallow-draft channel parallel fo shore would greatly increase recreational opportunities for small boats and recreational ferries. This could be done so as to separate valuable marshes and mudflats from shoreline without damage to ecology. Dredged -mud could be carefully placed to create new marsh, but dredging might be costly. @S T ..... Z@ AND_ PEIS@]Sk ,,rpposed) W.. V . . . . . . . Develop ricling'and hiking trails along levees. A PETALUNA PT, N SAN PABLO BAY -Marshes and muciflats are valuable wildlife habitat; may be encroached upon only for fishing piers, small-boat and barge channels, wildlife observation facilities, and piers necessary for industry. Desi onshore development to protect wildinz value of offshore areas. Possible Lagoon and Park IGNACIO HAMILTON AIR FORCE BASE If and when not needed by Air Force, site should,be evaluated for commercial or industrial airport use as,.part of regional airport system study. Keep runway approach and takeoff areas clear of tall structures and incompatible uses. Possible Maior Park. Possi bte small-boat channel along shoreline from Petaluma River to Gallinas Creek.' ** .. . ......... POINT SAN PEDRO TO'GALLINAS CREEK Create continuous shoreline recreational area, including beaches, marinas, picnic areas, fishing piers, and riding GALLI and hiking trails. ossible marop Protect and provide public access to shellfish. beds offshore. LEGEND 0,-4 Y 41 WATER-RELATED INDUSTR SAN PEDRO MOUN7_1N AIKPORT Develop vista points 0 WATERFRONT PARK, BEACH along ridge. THE SISTERS Preserve'islands', TIDAL MARSH no development., WILDLIFE AREA TOZ S*7ERS Existing Proposed MARINA 1416, POINT SAN PEORO iA FISHING PIER 6z RECREATIONAL FERRY 4!0 POINT SAN QUENTIN TO LAUNCHING RAMP lip T POINT SAN PEDRO COMMERCIAL RECREATION In connection with shoreline VISTA POINT AM parks and scenic drives, develop system of riding and hiking trails. SCENIC DRIVE esign bridge as scenic addition FREEWAY to San Rafael Creek. Provide RAILROAD Fft? clearance for sailboats. Z@s BAY AGENCY POLICY: PRINTED IN BOLD TYPE NARIN MW MARIN ISLANDS BAY AGENCY SUGGESTION: PRINTED IN ITALICS SAN RAFAEL Protect Wildlife value. Plan Map 12 0- 2000 !Noo 6000 8000 10000FEET SAN FRANCIS'CO BAY CONSERVATION AND DEVELOPMENT COMMISSION N WESTERN SAN PABLO BAY (D U) PN* (D rIr 0 Plan Map 13 Notes to Plan Map 13 Petaluma River Tolay Creek. Tolay Creek to Sears Point is a vital part of the ecological system of the Bay and is included within the proposed jurisdiction of the Bay agency (for purposes of filling and dredging control only). Petaluma River and Son Antonio Creek. Petaluma River to the north side of the Petaluma marsh, and San Antonio Creek within marsh area, are vital parts of the ecological system of the'Bay and are included within the proposed jurisdiction of the Bay agency (for purposes of filling and dredging control only). F -J9' I11w, Possible Shallow-Draft Port .... . . ... 17 .E.: ....... .. ...... I .... .......... ... ....... ALLIMA MARSH ......... Marsh has high wildlife value; may be included in permanent wildlife area. % . .. ........... .7 I AAITLIN"' Possible New Barge Channel 0 . . . . . . . . . . 31 .... ...... TUBBS ISLAND WILDLIFE AREA (proposed) Develop riding and hiking NOVATO trails along levees. LEGEN WATER-RELATED INDUSTRY WATERFRONT PARK, BEACH PETALULIA PT. TIDAL MARSH WILDLIFE AREA Existing Proposed MARINA RECREATIONAL FERRY LAUNCHING RAMP lip Ir SAN,PABLO SAY, COMMERCIAL RECREATION Marshes and mudflats are valuable wildlife VISTA POINT habitat; may @ he encroached upon only for, SCENIC DRIVE fishing piers, small-boat and barge channels, wildlife observation facilities FREEWAY 0- and piers necessary for Industry. Design RAILROAD Possible Lagoon and Park onshore development to protect wildlife value of offshore areas. BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS IGNACIO Plan Map 13 0 49.W2 6= 8000 *000 FEET .5 A N F R A N C I S C 0 B A Y C 0 N 5 F R V A T 1 0 N AND DEVELOPMENT COMMISSION N PETALUMA RIVER (D 04 3 ma Zo (D Plan Map 14 Notes to Plan Map 14 Napa Marshes Sonoma Creek and Napa River. Sonoma Creek to Second Napa Slough, and Napa River to the north side of Bull Island are vital parts of the ecological system of the Bayand are included within the proposed jurisdiction of the Bay agency (for purposes of Ming and dredging control only). Salt Ponds and Other Managed Wetlands. Large area, high-value wildlife habitat. Skagg Island Security Group Activity (U. S. Navy). Plan maps indicate recommended use for Boyfront military installations if one or more of these bases is ever declared surplus by the military. The Bay Plan does not advocate the closing of any military installation. sourN r4 P K 4 0 US- WN ................. . .......... D PA SE ............. SKAGG ISLAND If and when not needed by Navy, redevelop as wildlife area and water-oriented recreational complex. Is Possib) ............ in# MOUN Developricling on trails along levees. ".7; ............. j ........... ... ..... .......... SAN,PABL BAT, 2-, ars'h- 10" .......... iis and mudflats'a LEGEND X, V@l zt i 2 habitat; may W encroach4 d' ' up -------- ---- --- -an WATER-RELATED INDUSTRY fishing pierssmall-liciat r n P WATERFRONT PARK, BEACH a ment to 0S @p 0, a "j re TIDAL MARSH WILDLIFE AREA J@ SALT POND, MANAGED WETLAND 81111% 1 Existing PropOsed MARINA "'"MARE ISLAND NAVAL SHIPYARD FISHING PIER _4V World when not needed-by z LAUNCHING RAMP lip lmavy"lgiiie'first-considerati6ri -related SCENIC DRIVE z and,water 'Anclust ry. FREEWAY RAILROAD Potential park on hills BAY AGENCY POLICY: PRINTED IN BOLD TYPE ov erloo'king the Say. BAY AGENCY SUGGESTION: PRINTED IN ITALICS 4" "A 0 2000 40.00 8000 10000FEET Plan Map 14 S A N F R A N C I S C 05 A Y C 0 N S E R V A T 1 0 N AND DEVELOPMENT COMMISSION N NAPA MARSHES zM MNq PlIk (D Plan Map 15 Notes to Plan Map 15 Eastern Son PabloSay Salt Ponds and Other Managed Wetlands. Large area, high-value wildlife habitat. Napa River. Napa River to the north side of Bull Island is a vital part of the ecological system of the Bay and is included within the proposed jurisdiction of the Bay agency (for purposes of filling and dredging control only). Mare Island Naval Shipyard. Plan maps indicate recommended use for Bayfront military installations if one or more of these bases is ever declared surplus by the military. The Bay Plan does not advocate the closing of any military installation. IL at SKAGG ISLAND . . . . . . . . If and hen not needed by Navy, At r redevelop as 0 wildlife area and waier-orienied Zb recreation complex. z 0 NAPA SAY co Encourage recreational development of areas adjacent to shoreline. Provide continuous public access to shoreline. 51; M, RO k, tVx- ME s to Bay side .... ......... . . ... ....... . . ...... -IN Provide continuous public access to shoreline from Napa Bay to existing park. Protect views of Strai from freeway and hills. N) proposed freeway to provide 4. Design substantial pedestrian and vehicular erfront anq to protect access to wat v 20 s views from h v 5 VALLEJO m v 1@11 I,& _kX by,N-,77,,V t, I eration.to,'port-an d An MIME @,W@ Y. _!Te UsTr vi@ `V@1@ -'Ovkck), 7. t SAN PABLO BAY Marshes and mudflats are valuable wildl fe habitat; may be encro ched u'ponbinly,f A r% A rge, fishing piers, small-bout and ba A" thannels, wildlife observation facilities, dnd-' hA 2AA -0iiirs necessary for industi-i"Design ............. ........ ... development to protect wildlife va ue of t v-@ _V" offshore areas. 16 k 1%t, -@'VWkl@ i- - WA 40, IN 7 'is A, V -,STRAIT, BRIDGE, -U ft v, I kN @,-@g 4 a -1 N P M J CARQUINEZ HO V :-Nb"S RE NE -U A V h ic qualities, -,0 En ance,scen@ _"A N, 491VA @Vr, % ki-, -'17 -A! 4 -i prese64 views-and increase qt public a cces M p @3, ZVO iNMUNNI @'A 1'1;@@ -1_% 1@ % n, k k 1J, kk- @A"At vt,4 no@il'q i 1 rA., LEGEN 0k Wh 'AW, PORT e',M1oipi,b cichL@noithwfiit,'L6f@rtiilroad. I D ei WATER-RELATED INDUSTRY d PrbA, e-sa or easy@--pe estrion access. i d' MA I @A, b WATERFRONT PARK, BEACH ,ma nei;de&- 7" T TIDAL MARSH -J X 7 Poss,bl"_ 0 e WILDLIFE AREA SALT POND, MANAGED WETLAND V i%4@1 @V Possible Linked Industry. A Existing Proposed MARINA FISHING PIER 1.50 N',POI NT % M, RECREATIONAL FERRY reserv Proposed beach and park.,P' 0@@ LAUNCHING RAMP lip T iaracter of point. rug4ed ch Provide , fe COMMERCIAL RECREATION 1, so i easy p estrion access. ome fill4nay be needed.: Prciteci and V "ENTRANCE" VIEW FROM ROAD pu ic aices to shelifish- R., S VISTA POINT U4 'Wit" L;$Om,- SCENIC DRIVE FREEWAY RZ LES, RAILROAD S.. I re development west of BAY AGENCY POLICY: PRINTED IN BOLD TYPE a 0 3cimize and protect BAY AGENCY SUGGESTION: PRINTED IN ITALICS 31@ Plan Map 15 0 2000 4000 10000 FEET 5 A FRANCISCO SAI CONSERVAT,10 N EASTERN SAN PABLO BAY A N D D E V E L 0 T M E N T C 0 M M I S S 0 N N M (D U) 91) & GrI Cr Plan Map 16 Notes to Plan Map 16 Carquinez Strait Benicia Beach State Park. Pro- posed park expansion should encompass principal overlooks and ridges on north side of strait, to preserve rugged and scenic character of hills, presently undeveloped. Scenic Area South Side of Carquinez Strait. The scenic area includes principal overlook ridges and scenic road between Crockett and Martinez. To preserve presently un- developed rugged and scenic hills zoning should provide for extremely sparse development with control over tree removal and location of all structures; scenic easements should be acquired by East Bay Regional Park District, county, or other public body as necessary to guarantee permanent protection. Some park development may be appropriate in valleys leading to Bay. Benicia Waterfront. Detailed planning is needed to determine most desirable waterfront design, emphasizing "urban" recreation uses with a minimum of Bay filling (and housing on existing private land). Special care needed to insure com- patibility between recreational uses and proposed port facility. Martinez Waterfront. Largely undeveloped at present. Detailed plan- ning is needed to determine most de- sirable waterfront design. Recreational uses should be emphasized, but a wide variety of activities could be accom- modated with a minimum of BOY fill. 4, ; "N @44 Q fo, MM V rQ1 aff T M BENICIA BEACH STATE PARK M, L Alf, 'i"-parkito include shoreline bluffs &B ly, i - rc - ki 9 -Carquinez Strait. No BENICIA INDUIAIIIAL PARK W ti :%,c6nin1orcial,,us ;14E@xcept for convenience Reserve area s or 01"T UTO r, ,ito-ctrk, A'sitars. Develop riding and Itwaterfront industry. @rros@Ve an aiWal-@s'!Qbreline between poiffttand to alci!led!@@gs g v6se plan and de, '5F ram for waterfront. Struct@ur@esw- neartwdierfront shouid be kept Y2. -loy Te -A 611 vo-well puceo_ 'tprotect views#rom to _z, 14 be Juding '-It parks! 1Pq CARQUINEZ STRAIT, BRIDGE AND SHORELINE qualities, p esen *4 Enhance scenic r views and increase publi access. .c S x R A q=F1 "p;A A, BENICIA 71T., CARQUINEZ @Wajorfr - f _LT @41__ @@k MINT'' 0 'First ont'area as ar@west,as, d for. marine, terminals' Street to bo"uSe LEGEND .... ...... may only-So' fill @be SUtSU )MI d PORT V WATER-RELATED INDUSTRY 'r 6s WATERFRONT PARK, BEACH AVT TIDAL MARSH SALT POND, MANAGED WETLAND uragil Existing %posed Px1m1z,_- s fin co e iART NEZ Z to- 9& MARINA FISHING PIER MAR@INEZ RECREATIONAL FERRY Prepare precise plan and development LAUNCHING RAMP lip 9P program for area north of railroad. COMMERCIAL RECREATION ibcourage public and commercial recreation ses; ma 0 up.-nd industrial development. Design to "ENTRANCE" VIEW FROM ROAD y also include limited residential VISTA POINT SCENIC DRIVE V@_ preserve and enhance Bay views, FREEWAY RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS 0 422 - Ge 0000FEET Plan Map 16 5 A N F R A N C 1 8 A Y C 0 S E R @ A T 1 0 . A . D D E @ E LSOC P0 M EN T C o M . , 6 s 0 N CARQUINEZ STRAIT NM* M% Plan Map 17 Notes to Plan Map 17 Suisun Bay Suisun Marsh. Thousands of acres of controlled marshes are maintained by duck-hunting clubs as wildfowl habitat. Areas are diked, but dikes are opened for periodic flooding. Suisun Sail Conservation District protects and enhances marshland areas. Port Chicago Naval Weapons Station. Plan maps indicate recom- mended use for Bayfront military in- stallations if one or more of these bases is ever declared surplus by the military. The Bay Plan does not advocate the closing of any military installation. a4z CE 7 ISLAND V DLIFE AREA A W, -01f gu 4-1 g, Y-,M,@ai-@4- P@ ga @r MEN M-If 2 4 va -FAY", -,W. a-XI -O@R; "0 -14'@-M U L Pill M -41"o- mi 140 Q A." ff 0, N W y, gg -0 MONTEZUMA AND SUISUN SLOUGHS' -boat May be dredged for small U -draft industrial use. and shallow M MORROW ISLAND PARK (proposed) Boundaries t 0 GRIZZLY ISLAND I n be determ ed WILDLIFE AREA -VORROW, - I, ev G, U, ii2 L ,4 Ri '0 N.- 46k --lbilf -0@ M,400101? wo @;X' pr, 92-1@- Weye@ R Wm ISUN, GRIZZLY, AND HONKER BAYS JM High value wildlife habitat, great . .. . . . ............. recreational potential. Preserve marsh F, 110" 'IV - es My and mudflats; some fill and dredging may M, be needed to improve boating, viewing,, 9 W, pral "s, , Dang- I I 'MR hunting, and fishing. Parts of bays and aw islands may be added to permanent ISLAND -For WA wildlife areas. ENV' "j., @gff 4, I MY . . ..... FRF2E - .......... Sme ISL 'APE iSLAX0 PORT.CHICAGO' ,,NAVAL WEAPONS STATION If- and 'when not needed by Navy, give tion to first coneider'a port or @wcit'er.relatdd-,iiidustri,al,use,,, $ZAL I& SIMON$ POINT Al SIMMONS POINT-STAKE POINT MIDOL MT1 EDITH PIE rc7p-P-0210 A Limit of Bay Agency jurisdiction.,--- Syma: POINT N PORT COHICAGO 1@4 4 A, -1k e-@ LEGEND Usting Proposed WATER-RELATED INDUSTRY AWSMOLI MARINA FISHING PIER WATERFRONT PARK, BEACH SCENIC DRIVE TIDAL MARSH FREEWAY Q) WILDLIFE AREA RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE SALT POND, MANAGED WETLAND BAY AGENCY SUGGESTION: PRINTED IN ITAUCS Plan Map 17 0 2000 10000FEET S A N F R A N C I S C 0 B A Y C 0 N 5 E R V A T 1 0 N AND DEVELOPMENT commissioN N SUISUN BAY U) M (A 0*4 Plan Map 18 Notes to Plan Map IS Grizzly Bay Suisun Marsh. Thousands of acres of controlled marshes are maintained by duck-hunting clubs as wildfowl habitat. Areas are diked, but dikes are opened for periodic flooding. Suisun Soil Conservation District protects and enhances marshland areas. LEGEN WATER-RELATED INDUSTRY WATERFRONT PARK, BEACH TIDAL MARSH FAIRFA`ELD WILDLIFE AREA SALT POND, MANAGED WETLAND Existing Proposed '7" MARINA PACIFIC lit v, Y'_ FISHING PIER Shoh1c;w-Drapy, LAUNCHING RAMP lip VISTA POINT TIVg SCENIC DRIVE ........... .......... ..... FREEWAY Wei &V' RAILROAD BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS F 4 It -v IT ly '_h -'ek, g ;w-up PgApF Z 1J, z N Possible nip! M wii Park u All, CHADBOURN zzunl 7 1 All MAW *N_0 - 10 % ISLAND mg," g WILDLIFE AREA 'jo AF OF Q.00, Rve A c 4"A ffy C 90 'A"I M E. NO arm Illy A ... ... . . ......... ... Wgjj -mg 6k, c N A', t MONTEZUMA AND bu "SUISUNF, GRIZZLY, AND HONKER BAYS SLOUGHS great habitat;' May be dred ed for' ','@@recrooatlona jo6tiontia Preservemarshes small-boat and'shallow-," d@ "llais, som.oii'filll and dredging. Toy draft'industrial"vie. Swing -be, needed to Improve boating-vii fish ing.. Parts, of boys -an d' ujtmg,,qn IS110--has"'r6coy' be'addiodto Oermanent'," MORROWAS-ILAND PAR Y -A (pro@@:' dr . ... ... Boun anes d to be,devermbye z" M PELICAX P mu u J Z @7 A F PY 0 - M ;@4AWET,PT. gw OFF 9 @v NOF Nil 00@ ff Plan Map 18 0 2" 4000 6000 8000 10000FEET 5 A N FRANCISCO B- CONSERVAII ON GRIZZLY BAY A N D 0 E @ E L 0 P M E N T C 0 m m I S s 1 0 N N MCI N %ZZ: W 2) Cal Plan Map 19 Notes to Plan Map 19 Honker Bay to Collinsville Recreational Potential. Extensive, valuable recreational potential in river and island areas (e.g., Sherma n Isla nd-"Sherma n Lake" area popular for boating, fishing). Recreational use should be encouraged. Collinsville Area. The Collinsville- Montezuma Slough area is adjacent to the deep-water shipping channel, has rail service, and consists of flat land. It is one of the largest available sites anywhere in the Bay Area for water- related industry. The shoreline fronting on the main shipping channel is limited, however, and this relatively small frontage should be carefully planned and shared for maximum industrial development. The northern portion of the site has development potential for water-oriented industries that could be serviced by shallow-draft vessels using Montezuma Slough (an example of the growing interest in shallow-draft ports is the lighter-aboard-ship (LASH) con- cept of ocean shipping that has re- cently been inaugurated). N UAXI 01CI5EtJN'jE 1"... LEGEN u- WATER-RELATED INDUS TRY H TIDAL MARSH WILDLIFE AREA SALT POND, MANAGED WETLAND M EAsting Proposed MARINA FISHING PIER V-@ 15 g% LAUNCHING RAMP lip T COMMERCIAL RECREATION FREEWAY Mi Q, RAILROAD A V@ % BEEN 11 &A, - BAY AGENCY POLICY: PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION: PRINTED IN ITALICS _0 HIM f lk K ig g', U M M -A, gilt Xff GRIZZLY ISLAND WILDLIFE AREA IN p Y-t 94 -Iff-HuH. COLLINSVILLE wg & Inclustries should share WN50 r gg limited deep-water frontage. RU, all n- 'I, tv@! ti, I PUT 09 V k v RNT dop R 11-u `0 Ilk Wigs, Q mk UgA '4@ 0 n 7@p w P awn Or M. _S_TLxE PT. . ........... . ... .... . SIMMONS POINT-STAKE POINT ....... .. it of Bay Agency jurisdiction. ... to . ........... . . d AV4 4 S4. . .... . Water-Related Industry ........... SzOUGH ... .. .... .............. PITI'SBI N Water-Relafed Industry 10CH 77- Ali Plan Map 19 6000 6000 10Q00FEET no- 4e - 6====A S A N F R A N C I S C 0 BA Y C10 N 5 E R Y A 7 1 0 N A.D DEVELOPMENT COMMISSION HONKER BAY TO COLLINSVILLE fOr Plan Map 19 Honker Bay to Collinsville d) r- 0 outward inward straight GENERAL DEVELOPMENT 0 LAND PROJEC ING INTO THE MY PROVIDE RADIAL WATER VIEWS, CUL-DE-SAC CIRCULATION, FOCUIID, THIS PLAN FORM PROVIDE' A IECONIARY OR TRANSITIONAL WATER AN T@-FAN@D !b"', THE-OVERALL I RELY C ILEA , D REITI.AL RELATIGN 10 THE BAY EIPECIALLY WITH I IN TEEPER SLOPES, DEVELOPS OVERLOOKS AND THE SENSATION OF BEING THRUST INTO BODY AS A F0 GR07MD TO ME MY. IT PROVIDES USEFUL WIND AND CURRENT PRO- VIEW EA EL WITH THE WATER'S EW UNLIKE PL FORMS AND' AND ENHANCE THESE QUALITIES. EVENN'ESSRALLIHE @TERIS EDGE REQUI E@ THE INTRODUCTION OF ADDITI NAL ELEMENTS TO SPAC . I OF RES I DEVELOPMENT SHOULD PROTECT TECT ON IN CERTAIN LOCATIONS. RIDGE LINES OF T119ENCLOSING LAND OFTEN CREATE E STABLISH A SENSE OF PLACE, ORIENTATION AND VISUAL FOCUS. PI ERB , A YACHT BASIN , A wwL, HENCE AN IDENT FIABLE GEOC;NAPHIC AND DESIGN ENTITY (MARTINEZ, HURRICAN I GUIDE a GULCH, SAUS&1,ITO ; HOSPITAL COVE, ANGEL ISLAND; PEACOCK GAP, MAKIN). AT A CON- A BARB ISLAND, ARE TYPICAL FOCUSING ELEMENTS OFFERING THIS SENSE OF POSITION b Ml!]NAT SCALE, THE MEN SUGGESTS A FOCUS M OOMMUNITY- LIFE AT THE MY'S EDGE ONNTHE Y RWISE UNBROKEN COASTAL FACE. CARE MUST BE TAM THAT DEVELOPMENT Ty OTH I WITH C R ULATION, DEVELOPMENT AND SIGHT LINES DIRECTED TO THE VISUAL CENTER OF DOES NOT CREATE BREAKS AT VISUALLY D STUBBING POINTS, OR AT NEW POINTS COMPETITIVE slope M THE SPACE. WITH NATURAL BREAKS. DUE TO PREVAILING WESTERLIES, THIS LAND ONE OF THE LEAST PHYSICALLY INTERESTING PROJE TION IN THE MY HAS LESS SIGNI- FORM CAN 0 F R NATURAL ANCHORAGE ON ME SHORELINE CONDITIONS - DEVELOP14ENT CAN PHYSICAL QUALITIES: MIS LAND USUALLY HAS RELATIVELY CE HERE To WEE AND NORTH SIDES OF THE OHOWEVER, PROVIDE FOCI AND VISUAL STIMULATION; ELK- flat NON-SUPPORTIVE SOILS, IS SUB.FECT TO FLOODING, POOR FICANC THAN IN STEEPER SLOPES, EBAY I DRAINAGE, AND) FFERS POOR OR ENTATION. IT HAS LOW SIN I LOW YES ANGLES FROM THE FLAT SHALLOW WATER USUALLY ADJAC NT I TNT VATED VIEWING POSITIONS AND LANDMARKS 0 1 LANDS KINDER ALL SHORELINES ALMOST ALI- ANGLE BAY VIEWS AND INLAND VIEWS ARE EASILY BLOCKED PRDTBUDING POSITION OFFERS WED ST WATER LAN' TYPE MAKES DREDGING NBC IIARY BEFORE COUL AID ORIENTATION. CLOSER DEVELOP- BY LOW CONSTRUCTION. EDGES ARE USUALLY WILD LIFE VIEWS A D SHOULD BE D SIGNED FOR MAXIMIN MOST BOATING IS POSSIBLE. IN S PRODUCES A M I WOULD RETAIN DAY VIEWS FROM IRIAN ARMS. IN N . .. . ....... .. SCARCITY OF BOAT MRBORS' ESPECIALLY AREAS AND MARSHL D PRESERVATION WILL NT AN ELEVATED POSITION AT ME JOYME ME SOUTH BAY WHME POPULATION PR SSURE HELP MA TAIN BIOLOGICAL BALANCE. WHEN POTENTIALS: THE EDGE IS EASY TO SHAPE, CAMLS AND REAR CENTER OF THIS LAND FORM ALLOWS,AIF AN NEED FOR BOATING FACILITTE I IS GREAT. DIKING IS REQUIRED PROVISION SHO D BE U@G-O-ONSARE TO BIBLE. TAIJ, LANDMARK STRUCTURES AT SENSE OF THE PENINSULA AS A UNIT AND WHERE CONSERVATION IS NOT OF PRIME IMPOR- MA E FOR PEDESTRIAN OWRLOO SO THAT THE I SMALL IN AREA, PRO III FOREGROUND CON- TANCE DEVELOPMENT OF THIS FORM TYTE, IN MY is Nor HIDDEN BEHIND DIKES. IN No THE EDGE WOULD LOCATE AND SYMBILLIZE TIT RAY'S TMST TO THE My , CUL US SAC CIRCULATION MA INi HOUSING AND RECREATION, OR EVEN IN OTHER LAND CONDITION ARE HIGH VOLT I PRESENC FROM INLAND VIEWING POINTS . SLOUGHS, IS IMPLIED BY PENINSULA FORM AND IS MORE STREAMS AND WATERSHEDS COULD BE DEVELOPED FOR CIVIC USES SHOULD BE STUDIED. DISTRIBUTION ROUTES MORE VISUALLY,DISTU - EASILY CONTROLLED. BEN (WEST AND MST SIDES OF THE OUTH RECREATION TO FURTHER E24PHASTZE THE WATER THEME, BA GTO ME ABSENCE OF OTHER CONS- 33 HEN ORIENTATION. Y) DUR CREA E LAND VALUES AND STRENGT TRUCTION.ALTERNATE BODIES MR THESE ECOL ICALLY SENSITIVE RESTORATION S POSSIBLE IN GO LINE GROUPED WITH TWSMRTAT10N BASE- MARSIDAND. MENTS SHOULD BE CONSIDERED. QUALITIES: CHARACTERIZED BY GENTLE SLOPES, ME PROJECTING FORM INCREASES ME WATER IS IS P REAPS THE IDEAL SLOPE AND L D WATER EDGE RELATIONSHIP IS F IN TO PROVIDE A WATER FOCUS MR DENSE CHARACTERISTIC OF MANY POENIONS OF THE SOU RAY 0 URBAN GO RCIAL DEVELOPMENT. IT NEEDS MITHLAND-WHERE HEAVY URBANIZATION CON- AD DINING LAND AREA BEYOND THE BAY EDGE, TINUES. BLOCKAGE OF UPHILL VIEWS BY GOOD DRAB GE, EAS Y DEVELOPABLE. LOW BAY VIEW EWE AND BRINGS IT CLOSER TO DEV L 0-5% ANGE, S EASILY BLOCKED BY BUILDINGS. WHERE DEVEL- THAN OMER PLAN TYPES. SAN FRANCISCO'S j OPED, HIGH DENSITIES ARE USUAL, PRODUCING LOSS OF DOWNTOWN RADIAL VIEWS AM EXEMPLARY D SUFFICIENT DEPTH FOR SHIPPING. NO 11 RELINE DEVELOPMENT WILL RE CE III BAY ORIENTATION, SENSE OF THE BAY AND VIEWS. AL HOUGH PIERS BLOCK VIEWS ON LAND SLOPES A' 2 THYRICAL I nd 2. SWEEPING MY VIEW POINTS ARE SINGLE LOCATION IN THE STUDY QUALI IES ABOLITY OF THE BAY TO PROVIDE VISUAL AS AN EXAMPLE, ALTHOUGH PERHAPS MARTINEZ EXTEN' ION OF SPACE. CLUSTER DEVELOPMENT POTENTIALS: LOW SITE DEVELOPMENT COSTS, EASY CIRCU_ POSSIBLE MR EXAMPLE ON HE NORTHERN GO WATERFRONT (FOOT OF RANKLIN IN FORT M- COMES CLOSEST. THERE AM SMALLER SCALE ULD MAINTAIN THIS RAY FUNCTION. LA WOULD PRESERVE VIEWS, ESE WERE Al. OWED EXAMPLES ON STEEPER LAND IN 2c BELOW. NATION; nUSTER DyVELOPMEGT SON), IF PUBLIC ACCE --------- POINTAIN SENSE OF DAY AS OPEN SPACE.S PUBLIC VISTA BEYOND THE PIERS. TH I IS TRUE IN OMER AND IGMT-OF-WAY ALIGNMENTS MOULD BE POST TIONNEDS'TO RESTORE VISUAL ACCESS. RAY COMMUNITIES BUILTION LAND FORM t COMMENTS IN 2c ABOVE APPLY IN THIS RESIDENTIAL COMMUNITIES, LIKE BRISBANE, IIA Y VIIIDILETY OF I'. LINES AND WATER IN T IS SLOPE RANGE STRENGTHENS ME CATEGORY UP To10% 1 GEN I @LOPES. SEE "SO QUALITIES: SLOPES ARE LESS SUITABLE FOR ME BEN E OF A COMMUNITY WHEN DML40PE ABOVE. BEPACL Y, OR SAUSALITO, DEMONSTRAT THE CA TE DUSTRTAL AND AGRICULTURAL USES UNLESS TERRACED, AND I BRAD NOTES N 5% - 30*/ INHIBIT WALKING AND RULE HAULING. WHERE DEVELOPED SITY, TY OF THIS LAND TO STACK LOW DEN RESIDENTIAL DEVELOPMENT, WHIL WATER ACTI TY PROVIDES A SPECTACLE AS sTSPPED HOUSING AND Tmilom BUILDING HEIGHTS HAVE MAINTAINING VIEWS AND A STRONG SENSE OF IN AN AMPHEI EATER. BAY EDGE FORM EN- 3 RNYAsFGRL VE,,. UPPER SLOPES PROVIDE GOOD COMPRE- T I 'S PSINCE. URBAN DENSITIES SUC CLOSING ME FOREGROUND VIEW IS HIGHLY HENSION OF BAY FORM AND VIEWS TO OPPOSITE SHORE. ASH TRAYEGRAPH OR POTRERO HILL ARE EQUALLY VISIBLE FROM MST POSITIONS UNLESS LOCAL MIS IB- TOPOGRAPHY IS VERY IRREGULAR. DUE TO POTENTIALS: GOOD FOR RESIDENTIAL, LIGHT COMMERCIAL ALTHOUG11 SPECIALIZED TRANSPORTATION IN THE ME MCUS ON THE COVE FORMED, CIRCULAT 7ND-MMMIONAL USES; HIGHIR BUILDINGS ON HIGHER ST EPER SLOPES IS NEEDED. AI,MNY HILL AND ALONG THE WATER'S EDGE MIJIT NOT BICIME A SLOPES INCREASE YLEWER POTENTIAL AND EMPHASIZE IN COYOTE HILLS PRESENT SIMILAR OP-__ "'RE", BETWEEN LAND AND WATER. HIGH SLOPE; HIGH VISTA POINTS SHOULD BE PROVIDED PARTICU- rTrEs, ALTHOUGH MEY MY BE Mom IMPORTANT SPEED TRANSPORTATION SHOULD BE FROM ABOVE I EL TO TIM CONTOURS. ROUTES AS PUBLIC OPEN SPACE. AND BEHIND TO PRESERVE SMALL SCALE EDGE TARLY ALONG R GOAD OURS WOULD PROVIDE FRAMED ONSHIPS. A RIGHT ANGL S T0`XCGNTL VIEWS AS IN SAN FRANCISCO. RELATE PHYSICAL QUALITIES: VE GOLAN ACCESS DIFFICULT, D MATIC RELATIONSHIPS WITH THE MY AND COVE F IN DEV.DDPID IN THIS SLOPE CATE- THIS MEN OCCURS RARELY IN THE MY REGION BUT, WH RE THE BAY PASSES THROUGH THE DEVIL T H* MANY OF MOST DRAMATIC DISTANT SHORE, AND SUBSTANTIAL Y BROADER GORY I LESS LIKELY TO PRODUCE BAY V EW COASTALE OPKEN Zr` VIEW' IRAN ANY OTHER LAND TYPE, TEND TO DEV LOPMENT DUE TO ME PRECIPITO S SLOPE V ARE OR MEDIC RIDGE LINES (GOLDEN CATE AND ISMS IS OR AREAS, ESPECIALLY WHERE 5 ove ANGLE APPROACHES 90 DEGREES (GOLDEN GATE, POINT MAKE THIS TYPE OF SITUATION A PHYSICAL I THE WATER AND EXPENSIVE ERVICE AND CARQUINEZ STRAIGHTS), PARALLEL CLIFFS RICHMOND, CAHjUr, TRkITS). LARGE WATER AREA AND PSYCHOLOGICAL PART OF THE WHOLE REG- ACCESS PROBLEMS INUOUS URBAN DEVELOP- ACC LEMTE CURRENTS AND PRODUCE WIND AND 3m 4 ENCOMPASSED By VIEW 10 . VIEW PROHDNMRIES SUCH AS WOLFBACK MEN ;I'DCE CAN BLOCK ACCESS TO WEATHER EXTREMES. THE STRONGLY-FORMED FOGEASIZE DAY FORM. RINGS, PORTIONS OF POINT RICHMOND, MS. VIEWTBAML@ORGLMT1tG BEHIND (AS IN FLATLAND SPACE PROVIDES WALLS AGAINST WHICH THE BE AND TAMALPAIS An TYPICAL AND POTENTIALS: PARTICULARLY SUITABLE FOR CONSER- SHABLO TYPES D WIND AND CURRENT PROTEC- APPARENT MOTION OF SHIPS IS HEIGHTENED. @O ION (ASEVELOPE VATION AND PUBLIC VjRWDG POINTS ESPECIALLY IN OULD BE RMANENTLY AVAILABLE THE I IS DIEN THE EAST SIDE OF PT. BONITA) IN S LAND IS THEREFORE ASSOCIATED WITH FUEL C 0 TEN WINDY AND EXPOSED WHERE AND DAILY ACCOMPANIED BY DEEP WATER. TH MST DRAMATIC AND DYNAMIC ED IONS OF DEVELOPMENT HAS OCCURED, IT MAY BE INOON- EREGION GEOGRAPHY, AND NEEDS PRO- IS P REGIONAL OVERLOOKS WITH SIGNIFICANT BAY VIEWS"). IN TRAY LAN FORM "A". (SEE MAP "PL SURE DRIVES AND F USE OF FTRICIDLARS, AERIAL TRAMWAYS, ETC., RESI- SEQUENTIAL IN SCALE OR PRODUCE DISTURBING P C ION By WELL PLANNED CONSERVATION DEN IAL ACTIVITY AND SELECTED COMMERCIAL USES FORMS ON ME SKYLINE (RADAR DOMES ON 00 ROGRAMS. DEN CATE HEADLANDS, TRANSMISSION LINES ON MAY BE POSSIBLE. SAN BRUNO MOUNTAIN). T-ONS RE FS WITH IN. BAY AND RE 'ANDSUBSTANTIALLY BROADER OME D TEND ICAL OLE -I gLAW _PI@ _M LIUATT ON A ZECAL PART OF ME WE IRDMONMNE SUCH ,...S ' Fi HT 4. ND, I TANAL PALE A. ,CAL AND E,aapI1: Develop- guides for site, along a ove, having a 0.5% slope, are found at the Intersection of slope band 2 and shoreline band b Appendix A General Development Guide (a part of the Policy on Appearance and Design) Appendix A General Development Guide Copies of the San Francisco Bay Plan may be purchased from: Documents and Publications Branch P.O. Box 20191 Sacramento, California 95820 Price: $2.00 Also available: San Francisco Bay Plan Supplement Price: $3.00 0 printed in CALIFORNIA OFFICE OF STATE PRINTING ,L77587-883 9-68 10M A@MFMTS W 1 AND NO. 2 SAN FRANCISCO RAY CONSERVATION AND DEVELOPMT COMMISSION 30 Van Ness Ave.., San Francisco 94102 557-3686 SAN FRANCISCO BAY PLAN POLICY AMENDMENT #1-71 (Adopted June 3, 1971) [The amendment involves Page 36 of the San Francisco Bay Plan, printed January 1969, paragraph "a. Fills in Accord with Bay Plan." Striking out indicates deletions., and underlining indicates additions in sections (1), (2), and (4); all of section (5) is new, including all its subparagraphs.] Bay Plan, Page 36 a. FILLS IN ACCORD WITH BAY PLAN. A proposed project should be approved if the filling is the minimum necessary to achieve its purpose, and if it meets one of the following feup five conditions: (1) The filling is in accord with the Bay Plan policies as to the Bay- related purposes for which filling may be needed (i.e., ports, water-related industry, and water-related recreation) and'is shown on the Bay Plan maps as likely to be needed; or (2) The filling is in accord with Bay Plan policies as to purposes for which some fill may be needed if there is no other alternative (i.e., airports, roads, and utility routes); or (3) The filling is in a,ccord with the Bay Plan policies as to minor fills for improving shoreline appearance or public access; or (4) The filling would provide on-privately-owned property for new public access to -the Bay and for improvement of shoreline appearance--in addition to what would be provided by the other Bay Plan policies--and the filling would be -for Bay- oriented commercial recreation and Bay-oriented public assembly purposes, with a substantial.part of the project built on existing land. The Bay agency shc@u`ld issue Dermits under this @_r_iterion provided: (.a) The proposed project would limit the use of lan4 area to be filled to: (i) public recreation (beaches, parks, etc.). and (ii) Bay-criented commercial recreation and Bay-oriented public assembly, defined as facilities specifically designed to attract large numbers of people to enjoy'the Bay and its shore 14 ne, such as restauxants, specialty shops, and hotels. (b) The proposed project would be designed so as to take advantage of its nearness to the Bay, and would provide opportunities for enjoyment of the Bay in such ways as viewing, boating, fishing, etc., by keeping a substantial portion of the development, and a substantial portion of the new shoreline created through filling, open to the public free of charge (though an admission charge could apply to other portions of the project). -2- (c) The proposed private project would not conflict with the adopted plans of any agency of local, regional, state, or federal government having jurisdiction o'ver the area proposed for filling, and would be in an area where governmental agencies have not planned or budgeted for projects that would provide adequate access to the Bay. (d) The proposed project would either provide recreational development in accordance with the Bay Plan maps or would provide additional recreational development that would not unnecessarily duplicate nearby facilities. (e) A substantial portion of the project,would,be built on existing land, and the project would be planned to minimize the need for filling. (For J example, all automobile parking should, wherever possible, be provided on nearby land or in multi-level structures rather than in extensive parking lots.) (f) The proposed project would result in permanent public rights to use specific areas set aside for public access and recreation; these areas would be improved at least by filling to finished grade and by installation of necessary basic utilities., at little or no cost to the public. (g) The proposed project would, to the maximum extent feasible, establish a permanent shoreline in a particular area of the Bay, through dedication of lands and other permanent restrictions on all privately-owned and publicly- owned property Bayward of the area approved for filling. (h) The proposed project would provide to the maximum extent feasible for enhancement of fish and wildlife resources in-the area of the development. (5) The filling would provide on privately-owned or publicly-owned property for new public access to the Bay and for improvement of shoreline appearance--in addition to what would be provided by the other Bay Plan policies--and the filling would be limited to replacement piers' for Bay-oriented commercial recreation and Bay-oriented public assembly purposes, covering less of the Bay than was being uncovered. The Bay agency should issue permits under this criterion provided: (a) The proposed replacement fill in its entirety, including all parts devoted to.public recreation, open space, and public access to the Bay, would cover an area of the Bay smaller in size than the area being uncovered by removal of piers (pile-supported platforms), and those parts of the replacement fill devoted to uses other than.public recreation, open space, and public access would cover an area of the'Bay no larger than 50 per.cent of the. area being uncovered (or such greater,percentage as was previously devoted to such other uses that were destroyed involuntarily, in whole or in part, by fire, earthquake, or other such disaster, and will be devot@!d to substantially the same uses). (b) The volume (mass) of structures to be built on the replacement pier (pile-supported platform) would be limited to the minimum necessary to achieve the purposes @f the project. -3- (c) The replacement fill would be limited to piers (pile-supported platforms), rather than earth or other solid material, and, wherever possible, a substantial portion of the replacement project would be built on existing land. (d) The pier (pile-supported platform--not a bridge) to be removed from the Bay-must have: (i) been destroyed involuntarily, in whole or inpart, by fire, earthquake, or other such disaster, or (ii) become obsolete through physical deterioration, or (iii) become obsolete because changes in shipping technology make it no longer needed or suitable for maritime use. If the platform itself, or the structures on it ' have become obsolete, but the pilings that support the platform are structurally sound, consideration must be given to using the existing pilings in any replacement project. 0 (e) The proposed project must be consistent with a comprehensive special area plan for the geographic vicinity of the project, a special area plan that the Commission has determined to be consistent with the policies of the San Francisco Bay Plan, except that this provision -would not apply to any project involving replacement of only a pier that had been destroyed involuntarily. (f) The proposed project would involve replacement fill and removal of material in the same geographic vicinity (as.set forth in the applicable 'special area plan).. _(g) The proposed replacement pier would not extend into the Bay any farther than (i) the piers (pile-supported platforms) to be removed from the Bay as part of the project, or (ii) adjacent existing piers. (h) The proposed project would limit the use of the replacement pier to: (i) public recreation (beaches, parks, etc.), and (ii) Bay-oriented commercial recreation and Bay-oriented public assembly, defined as facilities sDecifically designed to attract large numbers of people to enjoy the Bay and its shoreline, such as restaurants, specialty shops, and hotels. (i) The proposed project would be designed so as to take advantage of its nearness to the Bay, and would provide opportunities for.enjoyment of the Bay in such ways as vi ewing, boating, fishing, etc., by keeping a substantial portion of the development, and.a substantial portion.of the new shoreline created on the replacement pier, open to the public free of charge (though an admission charge could apply to other portions of the project). (j) The proposed project would not conflict with the adopted plans of any agency of local, regional, state, or federal government having jurisdiction over the area proposed for the replacement piers, and would be in an area.where governmental agencies have not planned or budgeted.for projects that would provide adequate access to the Bay. -4- (k) The proposed project would either provide recreational development in accordance with the Bay Plan maps or would provide additional recreational development that would not unnecessarily duplicate nearby facilities. (1) The project would be planned to minimize the need for filling. (For example, all automobile parking should, wherever possible, be provided on nearby land or in multi-level structures rather than in extensive parking lots.) (m) The proposed pro-Ject would result in permanent public rights to ,use specific areas set aside for public access and recreation; these areas would ..be improved at-least to finished grade and by installation.of necessary basic utili- :Itids I' at little or no -cost to the public. (n) The proposed project would, to the"maximum extent feasible, establish a permanent shoreline in a particular area of the Bay, through dedication of lands and other permanent restrictions on all privately-ovned and publicly-owned property Bayward of the area approved for piers. (o) The proposed project would provide to the maximum extent feasible for enhancement of fish and wildlife and other natural resources in the area of the development, and in no event would result in net damage to these values. SAN FRANCISCO BAY CONSERVATION ADM DEVELOPMENT COMMISSION 30 Van Ness Avenue, San Francisco 94102 557-3686 10P SAN FRANCISCO BAY PLAN POLICY AMEINDMENT #2 1 (Adopted January 4, 1973) [This amendment replaces and supersedes all of the Findings and Policies on Fresh Water Inflow on page 12 of the San Francisco Bay Plan, printed January 1969.1 Findings a. Fresh water flowing into the Bay, most of which is from the Delta; dilutes the salt water of the ocean flowing into the Bay through the Golden Gate. The Bay waters thus provide a gradual change from the salt water of the ocean to the fresh water flows of the Sacramento and San Joaquin Rivers. This delicate relationship between fresh and salt water helps to determine the ability of the Bay to support a variety of marine life and wildfowl in and around the Bay. b. The gradual change in the salt content of the Bay appears necessary for the survival of anadromous fish such as king salmon, steelhead, striped bass, and American shad., as they progress upstream toward their spawning grounds, and for the survival of their fingerlings as they descend to salt water. An abrupt change in the salt content of Bay water would probably end the anadromous fish runs. c. The fresh water flow from the Sacramento and San Joaquin Rivers is an important (but not the major) source of the oxygen necessary in the waters of the Bay to sup- port marine life and to abate pollution, and it assists in -flushing parts of the Bay system, particularly during peak flows of the spring when the snows melt inthe Sierra. d. Fresh water flow into the Bay during the winter and spring months is of particular importance in maintaining the health of the Suisun Marsh, the largest remaining marsh around the Bay and a wildfowl habitat of nationwide importance. e. The fresh water flows from the Sacramento and San Joaquin Rivers into the Delta and the Bay have been reduced in the past by diversions of Federal, State, and local governments for agricultural, indus'trial, and domestic uses. Additional diversions are being sought, and further substantial diversions could change the salt content of Bay water and thereby adversely affect the ability of the Ba to support a great 'y variety of aquatic life. f. In determining whether to allow new diversions, the State Water Resources Con- trol Board held two years of hearings and concluded that there was insufficient knowledge at present to determine precisely.the environmental impact on the Delta of the proposed diversions. Consequently, the Board, in its 1971 Delta Decision (D. 1379), established interim standards designed to protect the Delta (and thus, to some extent, the Bay) during the next few years. Under the Decision, the Board must reopen its consideration cf this matter not later than July 1, 1978, and may reopen it sooner if adverse conditions develop. In the meantime, comprehensive environmental studies and monitoring programs are being undertaken by the U, S, -2- Army Corps of Engineers, the Federal Bureau of Reclamation, the Environmental Protection Agency, the U. S. Geological Survey, the State Department of Water Resources, the State Department of Fish and Game, and the State Water Resources Control Board. The purpose of these studies is to provide the additional informa- tion needed to determine levels at which diversions of fresh water inflow would adversely affect the Bay and Delta and to establish more permanent standards. g. The Delta Decision does not guarantee any specific volume of fresh water inflow into the Bay. However, the Decision is impor tant to the Bay for the following reasons: (1) The State Board has' recognized that a regulatory agency of the State should monitor the effect of diversions of fresh water flow; (2) The State Board has recognized that the environmental impact of the pro- posed diversions should be assessed along with other factors; and (3) Since Bay inflow is Delta outflow, the establishment of interim Delta water quality standards should contribute to the maintenance of adequate fresh water flows into the Bay. Polici-es 1. Diversions of fresh water should not reduce the inflow into the Bay to the point of damaging the oxygen content of the Bay, the flushing of the Bay, or the ability of the Bay to support existing wildlife. 2. High priority should be given to the preservation of Suisun Marsh through adequate protective measures including maintenance of fresh water inflows. 3. The impact of diversions of fresh water inflow into the Bay should be monitored by a State regulatory agency, such as the State Water Resources Control Board, to ensure that no damage occurs. The Bay agency should cooperate with such agencies to ensure that adequate fresh water inflows to protect the Bay are taken into con- sideration in such monitoring. MAP AMENDMENTS SIX POINT SAN QUENTIN TO RICHMOND SANITARY LANDFILL POINT SAN PEDRO proposed park. Give priority consideration R'. In connection with shoreline to beach develop-ent- Some fill may be parks and scenic drives, develop eeded for beach outside existing dikes. n trail$. system of riding and hiking POINT SAN PABLO Design bridge as scenic addition As not needed for marine "li to Son Rafael Creek. Provide terminals, redevelop for clearance for sailboats. reational uses. MAKIN ISLANDS THE BROTHERS4F Protect wildlife value. Preserve Islands and lighthouse. Access by bout only. .111111111huL . . . ....... Possible Marina. f NAvAL SUPPLY CENTER it and when not needed by Navy, J acquire and develop for park. Possible Commuter Ferry Terminal. Existing underground fuel itorage tanks may be used by industry. 17 POINT MOLATE BEACH Extend beach from Point Molato to Castro Point. Sarno fill May be needed. Protect and provide public access RICHMOND- "NOAFJAEL L910GE to shellfish areas offshore. RED ROCK CASTRO ROCKS Preserve Island. Protect harbor seal CORTE.MADERA SHORELINE PARK No development. -4 (proposed) @60-100 hauling ground. No public,access. Scre shoreline POINT MOLATE TO POINT RICHMOND Develop 14r-l pork as part of future development. Develop riding and hiking trail. Some fill may he needed. _1@ 11 Ak.. 1'_. 1''S Proto"nd provide public Nickols Knob not within access to shellfish beds offshore. 1-71 BCDC permit jurisdiction. Extend park from Kelloes Beach to Ferry Point and Inland to Include vista point. Some fill may be needed Delete WATERFRONT PARKI for beach west of railroad. BEACH Add Plan Map Oolicy Note- 15-71 Add Note to bold-face type WATERFRONT PARK Affol Plan Map 11 20M 4" cow e0w NOOMFEET 4 i-_ -A - @_'J: SAN FRANCIS.CO SAY CO"518VATION AND OKVik Or.1NI COMMISSION 14 SOUTHERN MARIN COUNTY 0--f iall-str4itures and Incompatible uses. Possible 3-71 Major Park. X. Add WATERFRONT PARK, If Possible small-boat channel BEACH along shoreline from Petaluma River to Gallinas Creek. 2-71 POINT SAN PEDRO TO "LLINAS CREEK Create continuous shoreline recreational Add.Plan Map Policy Note ........... area, Including benches, marinas, picnic areas, fishing pierf, and riding bold-face type id hiking trails. an assible Ma tin fed and pro vide public acces shellfish bads offshore. LEGEN RATISLAND Preserve island. No development].., WATER-RELATED INDUSTRY SAN PEDRO MOUNTAIN AIRPORT Do".'. 'i"- points 3-71 .long Pi@lg.. WATERFRONT PARr, BEACH Delete WATERFRONT i@E@F THE SISTERS TIDAL MARSH Preserve Islands; A, no development. WILDLIFE AREA PARK.BEACH Existins Pnvowd MARINA A. FISHING PIER RECREATIONAL FERRY ow POINT SAN QUENTIN TO POINT SAN PEDRO LAUNCHING RAMP lip T COMMERCIAL RECREATION In connection with shoreline VISTA POINT parks and scenic drives, develop system of riding and hiking trails. SCENIC DRIVE sign bridge as scenic addition FREEWAY to Son Rafael Creek. Provide 0 clearance for sailboats. RAILROAD. MARIN ISLANDS SAY AGENCY POLICYt PRINTED IN BOLD Typil BAY AGENCY SUGGESTION. PRINTED IN ITALICS Protect wildlife value. n Plan Map 12 FEE T A N t I A N C 1 60 4 V C 6 g 41VIA:16 0 A No DIVItOrMe I C M M ON WESTERN SAN PABLO BAY .......... Y, ............. ..... 01 BS ISLAND ILDLIFE AREA (proposed) 0. Develop riding and hiking trails along levees. 4-71 Delete portion of WATER- -BEACH T% FRONT PARK, SAN PABLO SAY Marshes and mudflats are valuable wildlife habitato may be encroached upon only for fishing piers, small-bout and bargo channels, wildlife observation facilities, and piers necessary for Industry. Design onshore development to protect wildlife value of offshore areas. Possible Lagoon and Park HAMILTON AIR FORCE BASE Plan Map 12 SAN tBANCISCO BAV CONSIRVA110" AND 08votormon? COMMIAS)ON WESTERN SAN PABLO BAY -0 ......... ........ . -4. MARSH Neils Island not within BCDC permit juris marsh has high wildlife value; may be I Kluded In permanent wildlife area. ............. . . . . . ... ..... ........ .. . ........ 5-71 Add Note to WATERFRONT I ex . . .......... ......... . PARK.BEACH ... . ........ 101 Possible Now . . . . . . . . Barge Channel 31 %Xt.. A TUBBS ISLAND WILDLIFE AREA roposed) (p 4-71 Delete portion of WATER- Develop riding and hiking M. ftalls along levees. FRONT PARK,BEACH Plan Map 13 41" 1" 0" FEET A H F 0 A H C 1 3 C 0 1 C 0 N I , I I A:: 11 PETALUMA RIVER 0 @ : A A K D f V a 0 r I ,0 . M 77 'w" Possibi Park ago .00000-0 UTE 37 Aicess to 6 d 6 ......... ......... .... .......... z Develop riding a d hi Ing trails along levees. J, ............ !L*4 .6-71 BEACH. Add WATERFRONT PARK, .. ........... SAN PABLO BAY Is Idlif R1 Marshes and mudfiats are volua 0 LIGEN habitat; may he encroached upon a y for kll WATER-RELATED INDUSTRY fishing piers, small-boat and barge channels, wildlife observation facilities, and WATERFRONT PARK, BEACH piers necessary for Industry. Design onshore development to protect wildlife TIDAL MARSH value of offshore areas. WILDLIFE AREA SALT POND, MANAGED WETLAND F7, UsUne ft*.W MARINA 1.11 MARK ISLAND NAVAL SHIPYARD FISHING PIER 0<=@P. it and when not needed by LAUNCHING RAMP Navy, give first consideration SCENIC DRIVE to port and water-related FREEWAY Industry. RAILROAD Potential park on hills BAY AGENCY POLICY. PRINTED IN BOLD TYPE overlooking the say. BAY AGENCY SUGGESTION. PRINTED IN ITALICS1 t Plan Map 14 4" WOO 8000 10Q00FEET I A N I I A N C I I C 0 5 A V 1; 0 " 6 a a V A I 1 0 AND DIVNIOP.1111 COMMISSION NAPA MARSHES tar viewing unit ushing anty., ....... .. .. Provide continuous pub access to sh reline from Napa Bay to existing ;@Ik. Protect views of Strai from L freeway and hills. .. ...... *:-v.':...-'-"';'_ ............ Design proposed freeway to provide 6-71 substantial pedestrian and vehicular to waterfront an to protect a!Xess Add WATERFRONT PARK.BEACH views from hills. Delete WATERFRONT PARK, BEACH--- VALLEJO MARE ISLAND NAVAL SHIPYARD "MIN If and when not needed by Navy, give first consideration to port and water-related Industry. Potential pork onaills SAN PABLO DAY overlook ing the al Marshes and mudflats are valuable wildlife habitat; may be encroached upon only for fishing piers, small-bout and barge channels, wildlife observation facilities, and J-M 4W piers necessary for Industry. Design onshore development to protect wildlife value of offshore areas. 7-71 Add WATER-RELATED INDUSTRY CARQUINEZ STRAIT I, SRI E, Delete WATER-RELATED INDUSTRY"' AND SHORELINE Enhance scenic qualities, > preserve views and increase public acc ss. 8-7 1' MEN Add WATERFRONT PARK.BEACH PORT tic 4000 6000 a" I?r FEET Plan Map 15 S A H :A H C 116 C 0 A T C 0 OH S 9 1 JVSA: 0 W A a V 1 0? " I C EASTERN SAN PABLO BAY: 9-71 @) Delete WATERFRONT PARK, BEACH Show as MANAGED WETLAND 8-71 @4 Add WATERFRONT PARK.BEACH 11HICIA BEACH STATE PARK '"A .9 Include shoreline bluffs 'lookinj *rquinex Strait. No BENICIA INDUSIrml L.PARK 91,usiA-except for convenience ,te@@ 1% Reserve area 49. .'r; rjeO" 0Fk @Jsitpq, Develop riding and P fwaterfront IndiirX. r esq lye hikirfa. ira;LalpAo'sh6reline between n id accest t a d buildin ista eo!lk S, BENICIA 'Prepare precise plan and developme for waterfront. I IV I @,@Oear,Waf rfront should be k lowl, e 0@'prolecl vi s Iftom ft,maximum I d' u ac ss, Inc u Ing lah Aall Parks. (ARQUINEZ STRAIT M, BRIDGE AND SHORhINE Enhance scenic qualities, pr erve views and increase public access. 'e, 0 At 2000 40W WOO 8000 J0Q00 Plan Map 16 FEET A A " C 1 6 C. Q . 6 A I C 0 N S 4 a V A 1: DO N CARQUINEZ STRAIT JOICE ISLAND WILDLIFE AREA V@ 4v A MONTEZUMA AND SUISUN SLOUGHS may be dredged for small-boat 00 and shallow-draft Industrial use. 9-TI Delete WATERFRONT PARK9 BEACH.] MORROW -16kAN13 PADEN Show as MANAGED WETLAN D (Pperiame-1) - a GRIZZLY ISLAND ........... WILDLIFE AREA SUISUN GRIZZLY, AND HONKER BAYS Plan, Map 17 0 401* FEET a" 0000 -A -A A N C 1 4 C 0 6 A I C01., lvs*: 0o 0. A . D D1v[kQv.6N1 c. SUISUN BAY WILDLIFE AREA a.; V @A. J, f @Pv '7 zt@ @'j 'N, 4, q @'O 41 n MONTEZUAAA AND SUISUN SLOUGHS SUISUN, GRIZZLY, AND HONKER BAYS W .... May be dredged for High value wildlife habitat, great small-boat and shallow. recreational potential. preserve marshes draft Industrial use. and mudflaft; some fill and dredging may be needed to improve boating, viewing, hunting, and fishing. Parts of bays and Islands may be added to permanent wildlife areas. 7 IV' j'j %41 9-71 Delete WATERFRONT PARK, BEACH Show ai MANAGED WETLAN D Plan Map 18 FEET I A 1 2 1C I 1 0 1 C 0 M I I 1 11 A: .0 . . I . : A "a t o F GRIZZLY BAY 11-71 (To be withdrawn) r% %I &A UA =1= AMC! r% lks rk a I a= -10-71 Possible Delete TIDAL MARSH Shallow Droft Pod Add WATERFRONT PARK,BEACHi- iome m n .. .. ........ . ........ ... ru 0 te 4 @ossj I& Park JOICE I SLAND 0 2000 4" am sow IOWFEET Plan Map IS s A 6 4 A " c I a c G a A v , o c A I o m AND GRIZZLY BAY SAN PABLO BAY Marshes and mudfiats are valuable wildlife habitat; may he encroached upon only for fishing piers, small-boat and barge channels, wildlife observation facilities, and piers necessary for Industry. Design onshore development to protect wildlife value of offshore areas. 8-71 Add WATERFRONT PARK.BEACH CARQUINEZ STRAIT, BRIDGE, AND SHORELINE Enhance scenic qualRies, preset" views and increase s 12-71 public acc Ss. Add WATERFRONT PARK, BEACH .Delete Suggestion note 1100110 Develop beach northwest of railroad. Provide safe, easy pedestrian accen. y he needed. Some fill sno 13-71 Add WATERFRONT- PARK. BEACH Add Plan Map Policy Note Possible Linked industry. bold@face type WILSON POINT Proposed beach and park. Preserve rugged character of pain t. Provide safe. easy pedestrian access. tome and fill may be needed. Protect PINOLE-HERCULES SHORELINE provide public access to shollfish beds offshore. PARK(proposed) Raise level of dry land, but pro- .serve adjacent marshes. Pro- vide safe pedestrian access LE HER ji@esiq@%!ture development west of across railroad #rocks. Landscape -4 J 0 826 and protect -'. "! '9 04.- existing sewage treatment plant. I @' .4 !TO_ T Plan Map IS I A N C I I C 0 1 C 0H I I I V A: .0 N a 07 1 C EASTERN SAN PABLO BAY WILSON POINT BEACH AND PARK (Proposed) Preserve rugged character of point. Provide safe, easy pedestrian access. Some fill may be needed. Protect and provide public access to shellfish areas. PINGLI PGIN9 Under mom-IV 119F W"SOF 961118061 INAWAFY Potential Park 1-9-h Same fill noy be a* PINOLE POINT Use of site under Study by owner A 'z' and public agencies. Major waterfront park should be THE SISTERS established between Wilson Point and acreage of East Bay oe 01 Preserve Islands. No d velopment. Regional Parks District south of Pinole Point. IL 13 RICHMOND SANITARY LANDFILL z POINT SAN QUENTIN TO Je POINT SAN PEDRO Proposed Paik. Give. priority consideration to beach development. Some fill maybe In connection with shoreline parks needed for beach outside existing dikes. and scenic drives, develop system of riding and hiking trails. POINT SAN PABLO As not needed for marine fterminals, redevelop for -3==>< ecreational uses. THE BROTHERS dP Preserve Islands 14-71 and lighthouse. ANA6L Access by bout only. Delete WATER-RELATED INDUSTRY Possible marina. - - - - - - -. . . . .- Delete Plan Map Policy Note NAVAL SUPPLY CENTER it and when not needed by Navy, Add new PI an M ap Pol 1 cy acquire and develop for park. or. Existing underground fuel storage 4,1- -face type tanks may be used by Industry. Note bold POINT MOLATE REACH Ak Plan Map 3 4000 6000 BOW OWFEET a C 0 A V C 0 1 1 1 0 0 v 0 1 0 r m I N I C 0 A@ 6 1 0 RICHMOND TO BERKELEY 10 ROCK CASTRO ROCK. @zt s :reserve Island. Protect harbor soul ik- No development. Q hauling ground. No public a 0". POINT MOLATE TO POINT RICHMOND Develop riding and hiking trails. Eastern boundary of Some fill may be needed. Port to be determine Protect and provide public by feasi- I bility studies. access to shellfish beds offshore. AALX. ILI J Extend park from Kellees Beach to 'Po Ferry Point and InJand to' Include v1sta point. Some fill may be needed for beach west of railroad. RICHMOND PORT 0 Redevelop for modern marine a 15-71 Add Note to terminals and related industrial I uses. Scime fill may be needed Extend Inner Harbor Channel $:WATERFRONT PARK eastward. BROOKS ISLAND REGIONAL PARK Preserve Island character. Access by boat only. No commercial uses except Nickols Knob not within R) for convenience needs of park visitors. EICDC permit jurisdiction. Ay Protect and provide public access to shellfish beds offshore. 16-71 Delete PORT Add to Plan Map PollcyNote on Port- bold-face type ALRANY-BERKELEY46AERYVILU Develop public and commercial recreation areas. Some fill may be needed to create usable shoreline areas, protected water areas and park space. No Eseway In Bay west of present shoreline unless all reasonable alternatives are found infeasible and need for Bay route Is clearly shown. 40W _@C@ 10=FEET Plan Map 3 FS.NCIACO @AV CONSINVAliON DIVE, OF., j C 0-16SION N RICHMOND TO BERKELEY No freeway in Say West of present shoreline unless all reasonable alternatives are found Infeasible and need for Bay 17-71 route is clearly shown. Add WATERFRONT PARK, BEACH EMERYVILLE CRESCENT WILDLIFE ABU Se (proposed) BRIDGE OAKLAND ARMY BASE AND 18-71 NAVAL SUPPLY CENTER 0 0 0 0 0 0 0 0 0 0 Some fill may be needed for Army 0 Delete PORT 0 0 Base. If and when not needed by a 0 military, first co@slder port nd 0 related Ind strial uses. _1 0 A K LONDON SQUARE 0 Expand commercial recreation facilities OAKLAND-ALAMEDA PORT AREA 0 as needed. Provide continuous public Redevelop Outer, Middle and Inner W4 0 access along Estuary to Lake Merrill Channel. Harbors for modern marine a * a terminals. @ UWLXW 8 BROOKLYN BASIN Some fill may be needed. 00, Expand commercial fishing and recreational facilities GOVERNMENT ISLAND if and when not needed by Coast Guard, redevelop for public and commercial IALT. NAVAL SUPP Y CEN ER recreation uses. AND RESERVE SHIP '(Previously deleted NAVAL AIR STATION If and when not a e Some fill may be needed for Navy Navy, give first co s oration Amendment 1-70) operations. Keep runway approach furs* to port. and relate I ustrial and takeoff areas clear of tall struc Uses. and Incompatible uses. of and when not needed by Navy, first consider port and related industrial uses. SAN LEANDRO SA Valuable wildlife habitat; great % recreation potentiaL Develop boatin % facilities and parks, but preserve wi life 0 2000 e000 10000FEET Plan Map 4 4" 6000 S A N 0 A j 5 C.0 C 0 " I j 2 1j a A M 0 0 V 0 r C 0 5 5 0 0 N BERKELEY TO OAKLAND Protect and provide public access SAN LEAN-DR01AY to shellfish beds offshore. Valuable wildlife habitatj great recreation potential. Develop boating facilities and parks, but preserve wildlife habitat. Provide continuous public AY FARM ISLAND Undevelop'ed areas may he access to northeastern and southern suitable for airport-retated industry. shorelines. Some fill may he needed. 0 OAM-Afff) 19 -7 1 % OAKLAND AIRPORT Delete WATERFRONT PARK, Further expansion Into Bay only If BEACH clear need Is shown by regional airport system study. Keep runway approach and takeoff areas clear of #all structures and incompatible use tibia use ;-q t"@'A"17@ Possible extension of scenic drive. a SAN LEANDRO SHORELINE PARK Ar SYSTEM Protect and provide public access to shellfish beds offshore. Plan Map 5 0 2000 4000 60DO BOW bErFEET b A N F I A N C 1 6 C 0 'S A VC 0 1 1 V A I 1 0 N A H 0 a I L 0 F . I N I C 0 m " I & s 1 0 SAN LEANDRO, HAYWARD tian Map' 6 Notes to would require cooperation of the Wildlife Refuge. The inclusion of Plan Map 6 salt company. Parking would not be either or both areas-the salt ponds Santa Clara and Southern provided near the facilities because and marshes in Alameda County south Alameda Counties this would require substantial fill of Coyote Hills Slough, and those and because salt pond dikes would not between Coyote Creek and Alviso Dumbarton Bridge Approach, If accommodate heavy vehicles. Access Slough in Santa Clara County- salt ponds north and south of bridge might be provided by lightweight -would be consistent with Bay Plan approach are ever removed from shuttle vehicles atop dikes, with parking policies. The terms of the acquisition salt production, dikes could be confined to areas ashore, should. permit the salt ponds to breached and ponds opened to tidal continue in operation as long as action; water circulation might thus be Water Quality. Water at extreme desired by the owner of the ponds. improved. (This would involve public south end of Buy is often polluted so as purchase or required opening of dike to discourage recreational use of as part of plan to urbanize other pond sloughs and Bay. Greater recreational areas.) This possibility should be use will require improved water quality. TO be withdrawn considered in the design of new Some improvements in the quality of Dumbarton Bridge and Freewayi water in the South Bay are now being present causeway on earth fill might be made pursuant to requirements of replaced by structure on pilings. the Regional Water'Quality Control Board, and studies underway by 20-71 Tall Plaza. Best site for toll plaza waste dischargers will lead to:further APIA fm t"Upopt I& ON 1 for new Dumbarton Bridge is difficult improvements. Recommendations foi- to determine; toll plaza on east shore long-range Improvements to water W VIM V0 9 IMMEW should avoid cutting into Coyote Hills, quality will be part of the 1969 plan of should avoid filling of Bay or salt the Bay-Delta Water Quality Control Ae"Ieltiea efe the Nationa ponds, and should be satisfactory Program. Wildlife Refri*ge Is stiaealgly, distance from interchange with proposed Freeway Route 61. Similar Subsidence. Area subject to sub- location problems exist on west shore. sidence. Construction in or near Bay Further study required, including should be carefully planned, taking consideration of collecting lolls in into account effects of future manner not necessitating toll plaza. subsidence. Plummer Creek. Plummer Creek to Moffett Naval Air Station. Plan the eastern limit of the salt pond area maps indicate recommended use for is a vital part of the ecological system Boyfront military installations if one or of the Bay and is included within the more of these bases is ever declared proposed jurisdiction of the Bay agency surplus by the military. The Bay Plan (for purposes of filling and dredging does not advocate the closing of any control only). military installation. Access to Parks and Marinas National Wildlife Refuge. Two Outside Suit Ponds. Some parks areas on Map.6 are being considered and marinas are proposed Bayward of by the,U. S. Department of the salt ponds. Access to these facilities Interior for acquisition as a Federal Plan Map 7 Notes to Access might be provided by light- Plan Map 7 weight shuttle vehicles atop dikes, Coyote Crook with parking confined to areas ashore. Coyote Creek. Coyote Creek to, Water Quality. Water at extreme the easternmost point of Newby south end of Bay is often polluted Island, and also the branch of the so as to discourage recreational use creek on the south side of the island, of sloughs and Bay. Greater are vital parts of the ecological system recreational use will require Improved of the Bay and are included within water quality. Some improvements In the proposed jurisdiction of the Bay the quality of water in the South Bay agency (for purposes of filling and are now b9ing made pursuant to dredging control only). requirements of the Regiopal Water Quality Control Board, and studies To be withdrawn, National Wildlife Refuge. The underway by waste dischargers will salt ponds and marshes between lead to further improvements. Coyote Creek and Alviso Slough are Recommendations for long-range being considered by the-U. S. Depart- improvement to water quality will be ment of the Interior for acquisition part of the 1969 plan of the Bay-Delta 20-71 as a Federal Wildlife Refuge. This Water Quality Control Program. proposal would be consistent with A *4 w4 & P- ff@' pea% Uri rw KI rt gb Bay Plan policies. The terms of the Moffett Naval Air Station. Plan acquisition should permit the salt maps indicate recommended use for ponds to continue in operation as long Bayfront military installations if one or Ae"isition aP ;61te Nationa-1 as desired by the owner of the ponds. more of these bases is ever declared ReEttge i!s sbrenmly surplus by the military. The Bay Plan Alviso-San Jose Waterfront. does not advocate the closing of any Detailed planning is needed to military installation. determine MoStL desirable waterfront design and to overcome subsidence problems. Proposals ShOUICIL emphasize the great recreation potential of this area. Access to Parks and Marinas Outside Salt Ponds. Some parks and marinas are proposed Bayword of salt ponds. Access to these facilities would require cooperation of the salt company. Parking would not be provided near the facilities because this would require substantial fill and because salt pond dikes would not accommodate heavy vehicles. Plan M 8 AP Notes to Plan Map 8 Southern Son Mateo County Redwood Creek. Redwood Creek, Bayward of Smith Slough, is an integral part of the slough system and there- fore part of the Bay. Greco Island. Largest remaining marsh in South Bay. Marsh. and adjacent mudflats are important feeding To be withdrawn area for birds. Area used by California Clapper Rail, rare species of bird endangered by lois, of habitat. National Wildlife Refuge. Greco no a a Island and a portion of Bair Island are being considered by the U. S. De- U1 is I VVI partment of the Interior for acquisition heeydip1464:ett of the Natienal as a Federal Wildlife Refuge. This A) OD Wi�dHi1e fteftge is s br bP93:Y proposal vVould be consistent with Bay Plan policies provided that it did not interfere with commercial shipping and recreational boating in Redwood Creek. po"Men' sa Fed, proposal 'an Pali, n t interf cr 4'@@oond e r Creek some fill may h needed. NEWARK SLOUGH TO COYOTE CREEK 21-71 Protect harbor seal. nursery, It not n ceded for suit production, and hauling grounds., Delete WATERFRONT PARK,BEACH pond between Cooley Landing and No direct public access. railroad bridge should be developed Delete Proposed MARINAS I.': for recreational use. Expand Cooley Landing marina northward. SOUTH BAY Preserve valuable wildlife habitat and. Delete Plan Map Policy Notes develop recreational boating. Some fi and dredging may be need Show areas as SALT POND ad. Parts of Bay and salt ponds may be acquired ant wildlife areas as porman Possible smog islands and levee parks accessible only by boat Launch se!vko from i% Fremont, ton Jose, and Palo Alto. V PARK (pa-poss PALO ALTO Water a gem WILDLIFE AREA R same rill mmy If not needed for salt production @ I if n0j. needed.f4r so t p ul on," ponds between Stevens Crack and d cap, po _p Ineor Alviso Slough Charleston Slough should be added .9 North County Shoreline Park level recreptio kke@qhallow Corn plax asrecreallon takes or R.. Ildfife area. r1ear Coyote Creek hav OY9.1 P,@sh6uldbiexcluded (a bt nte 04 'A iall ffY,141-0 pa SCOUGH:@. Id d if 'not needed for so I prodaictipp, aid iIhould i9io"'. for public. ciccesi@ pands north of Moffatt fli Pn=- 3a reservact-for po, 101? a rpp_ occasional picnic c!roas6 -`4 a 0 pmO fill in my he" ad pan NORTH SANTA CLARA CO NTY L SHORELINE REGIONAL PARK COMPLEX Ag' 4, . . . . . . . . . . . . (proposed) 22-71 Add Note to AIRPORT 7j: Z-101 'Moffett Naval Al.r Station not -su"INtYVI within BCDC permit Jurisdiction. r Plan Map 6 0 4000 f,000 00 FEET 11" "A"ClIC0 C S 4 A V A I 1 0 .:@l C M I I of NT 0 N SANTA CLARA AND SOUTHERN ALAMEDA COS. N@ wildlife observation. RAWORID9Z -!e Isibi k Par sod;, 7- 4ik 77" ;7@ @J 4 7 7' 'IF FIRT for,saft production;' "d d ble Shol Pass Draft Port. d Y. -04' of Fq4t!;?11q4 I recreation 10@0.: hove hi 'oh life', valk.ohould. b dod' 6-0-ne- fill R, if not needed for soft produdion, LVJSO SLO 0, pands'north of Moffett Field shoul strengthen ievens,for ed for pas ble airport ,cc bli and p asiq6q! picnic are s Me' f be lop I q ALVISO-SAN JOSE -a precise plan and development Pfopot p rom for waterfront area. Expand rog boating and commercial recreation facilities, provide continuous public access to slough frontage. *."AN J08F 21 @71 Moffatt Naval Air Station not Delete WATERFRONT PARK,BEACH within permit jurlsdiCtlon. Delete Proposed MARINAS Delete Plan Map Policy Notes 22-71 Add Note to Show areas as SALT POND C%-,,&&-.AIRPORT 0 20M 4" bwo a" Plan Map 7 I A H F I A " C 1 $ C 06 A TC 0 H 4 1 1 V A I I G H AND blvltof@.�.j cowml$llom COYOTE CREEK (proposed) ries to he determined. boron rookery. If ED1400D SHORES possible, Include small park :rovide continuous PuhIIr acces. to y overlooking Redwood Creek. and to Belmont, Steinberger, Smith, and If rookery Is abandoned, Corkscrew Sloughs; Include paths, beaches, convert site to park. small parks, and wildlife observation area DUMBARTON BRIDGE GRECO ISLAND Design proposed high-level bridge to Expand wildlife area to Include have slim profile and minimum supporting entire Island. Access by boat only. structure and to enable motorists to see Bay and shoreline. Approaches should provide for fishing and wildlife observation. Toll plaza site under study. RAVENSWOOD AND FLOOD SLOUGHS REDWOOD CITY . ...... WESI-Iff WATERFRONT PARK If flood control project is needed, Ayp 1prapo:d1. t evelop contr6fled-level recreation @.;' !@ .0 14 Bound ;;.I take of mouth of sloughs. be datermind Ztii rue �x d mwrjrt9*tarminaIs'cmd;@ LEGEN water-ralatal Inclush as PORT F ome fill may be need WATERFRONT PARK, BEACH IS WATTRFRONVPA jPjaped, TIDAL MARSH Bounclar a r WILDLIFE AREA SALT POND, MANAGED WETLAND SOUTHERM I not n 0 alt production, WSW* ftopoo" 23-71 pmd between Cooley Landing and MARINA rullroad bridge should be developed FISHING PIER for recreational use. Expand Cooley Delete PORT Landing marina northward. RECREATIONAL FERRY -Show as TIDAL MARSH LAUNCHING RAMP Ill COMMERCIAL RECREATION SCENIC DRIVE Add to Plan Map Policy Note PALO ALTO WILDLIFE AREA FREEWAY RAILROAD 0 son PORT botd- face type. BAY AGENCY POLICY. PRINTED IN BOLD TYPE BAY AGENCY SUGGES11ONz PRINTED I ITALICS1 Plan Map 8 4000 6000 __!?jWFEET A .1 a A N C IC 0 a A TC 0 5 a I V A F a 0 H A a I C 0 4 a SOUTHERN SAN MATEO COUNTY U.S. 101 CAUSEWAY Develop scenic frontage road and turnouts for fishing and viewing. Protect shellfish bads offshore. No freeway In Say east of U.S. 101 unless all reasonable alternatives are found Infeasible and need for say route Is clearly shown. BRISBANE UA C PAR ro 24-71 SAN BRUNO MOUNTAIN Add WATERFRONT PARK, BEACH Regional Pork (proposed) OYSTER POINT Expand marina and develop shoreline park to head of Oyster Point Channel. LIGEN Some fill may be needed. AIRPORT F*] WATERFRONT PARK, BEACH TIDAL MARSH E91sung Proposed MARINA Protect and provide public access to shellfish beds offshore. FISHING PIER RECREATIONAL FERRY Possible Park and Marina. COMMERCIAL RECREATION "ENTRANCE" VIEW FROM ROAD Possible I Airport VISTA POINT Indu SCENIC DRIVE FREEWAY RAILROAD SAY AGENCY POLICY& PRINTED IN BOLD TYPE BAY AGENCY SUGGESTION; PRINTED IN ITALICS 4" Plan Map 9 t-,- @1000 ffo FEET SAN FRANCISC 0 &AS CONSIOVAIJON AND 04VILopmKol, Com SO NORTHERN SAN MATEO COUNTY 0 INDIA BASIN so 0 Some fill may be needed 0 recreational uses. Retain maximum open water. Design bridge and approaches 0 in basin to have slim profile and law F . 1. y 0 spans to permit passage under b Provide easy truck access a between terminal and Butchortow Industri area. SOUTH BASIN 25-71 Sonia fill may be needed In nlet was# of r po d freeway. Add WATERFRONT PARKIIBEACH BAY VIEW PARK P Id t il link Z;a ant. HUNTERS POINT NAVAL SHIPYARD 24-71 Some fill may be needed for shipyard. If and when not needed Add WATERFRONT PARK, BEACH by Navy, give first consideration to port and Industrial use. CANDLESTICK POINT LEGIN SHORELINE PARK 1proposed) PORT W Some fill may if WATERFRONT PARK, BEACH be needed. JR �ANE MARINA ExMnq Proposed j QUATIC PARK M.S. 101 CAUSEWAY V161 (pro sod) Develop scank frontage road and FISHING PIER turnouts for viewing and fishing. RECREATIONAL FERRY Protect shellfish beds offshore. COMMERCIAL RECREATION "ENTRANCE" VIEW FROM ROAD Wousy pecles'' ian VISTA POINT Vg@ha ...... a, -1.7 Y`i SCENIC DRIVE -7 7 IF REEWAY OUNTAI RAILROAD No freeway In Bay east of U.S. 101 r f BARTD unless all reasonable alternatives are found Infeasible and need for BAY AGENCY POLICY: PRINTED IN BOLD TYPE Bay route Is clearly shown. t-1 J@jk BAY AGENCY SUGGESTION. PRINTED IN iTALICS - iA Plan Map 10 FEET I A NI I A C I I 1 08 4 TC 0 V 14 1: 0 coas@i" 11 SAN FRANCISCO AND BRISBANE 9 0 F M I N T TREASURE ISLAW if and when not needed by Navy, redevelop for public use. Provide HER 41 TO CHINA BASIN ALCATRAZ ISLAND continuous public access to Bay. Use under study. Retain In public As not needed for marine terminals, piers ownership. Access by bout only. may he redeveloped for other uses. Provide Special design opportunity. continuous public access to the Bay in all now projects. Now projects should also: 1-.emphosize public and commercial recreation, especially in Ferry Building area; 2-increase amount of open water as piers are rebuil#) GOLDEN GATE BRIDGE 3--gnhance views of Say from hilltop vista point, the Embarcadero, and Encourage improved publi adjoining streets. FORT MASON transportation. No second As not needed by Army, develop wate t dock or now crossing for autornobile$. and northeast section as park a 3MCKMAN'S WAR! YERBA BUENA ISLAND if and when not needed by Develop waterfront park a N Pler '4-L-k A@ Possible. Commuter 0 or Coast Guard, rode, a nal. E"nd commercial fis qpnd rry Terml areas for recreational Use. Ar. Possible scenic transit system along waterfront from (keon Beach to China Basin. "1" 0 Possible Passenger Ship Terminal. P SIDIO R If and when not needed by Army, retain at least shoreline and undeveloped areas 0 as regional park. 0 0 PORT Redevelop for madern marine terminals. Expand marina and develop waterfront park near Central Basin. Some. fill may be needed. 26-71 0 Add PORT 0 0 CIA 4//- Plan Map 10 :^N, I.'AMCI5CO ,IV VI(OrMINI COMMISSION SAN FRANCISCO AND BRISBANE RESOLUTION NO. 16: PRIORITY USE AREAS STATE OF CALIFORNIA RONALD REAGAN, Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE *1SAN FRANCISCO, CALIFORNIA 9AI02 PHONEs 557@3686 MELVIN B. LANE Chairman WILIIAM 0. EVERS vi.-Chaimmn JOSEPH E. BODOVITZ Execuffyo 01jec r November 30, 1971 TO GOVERNOR RONALD REAGAN AND MEMBERS OF THE CALIFORNIA LEGISLATURE: We arepleased to transmit herewith the resolution fixing and establishing the boundaries of areas reserved for designated water- oriented priority land uses around the shoreline of San Francisco Bay, as required by Section 66611 of the Government Code. During the public hearings and public discussion of the priority-area boundaries, concern was expressed about one provision of Government Code Section 66611: under present law,, no change in the boundaries listed in the Commission's adopted resolution can be made except with the approval of the Legislature. This appears to involve the Legislature it an unusually detailed level of land-use regulation. In the future, new studies and new information will undoubtedly provide justification for re-vising some of the adopted boundaries, but under present law even the smallest change that the Commission might wish to approve could require a con- siderable delay because no change can be made except with the approval of the Legislature. Therefore, in fairness to property owners, local governments, and the general public, it would appear that thought should be given to amending this provision of the-law. An amendment could fully insure that the original purpose of this provis .ion is retained, i.e., that the Commission notbe able to expand its own jurisdiction by creating new priority areas, while at the same time allowing at least some, changes in boundaries to be.approved by the C ission without the ommi necessity for Legislative approval. Respectfully submitted, MELVIN B. LANE Chairman SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION .30 Van Ness Avenue, San Francisco 94102 557-3686 November 18, 1971 RESOLUTION No. 16: Fi xing and Establishing Priority Use Areas ..WHEREAS Government Code Section 66611 provides that: "No-later than December 1,-1971, the Commission, after public hearing, of which adequate descriptive notice is given, shall adopt and file with the Governor and the Legislature a resolution fixing and establishing within the shoreline band the boundaries of the water-oriented priority land uses, as referred to in Section 66602", and WHEREAS adequate descriptive notice of the public hearing concerning, and the proposed adoption of, designations of priority area boundaries was duly published on September 23 and October 25, 1971, was mailed to all persons known to have a particular interest in said proposed designations, and in addition was given wide publicity in the media, and WHEREAS a public hearing on said proposed priority area boundary designations was,held by the San Francisco Bay Conservation and Development Commission on November 4, and on November 18, 1971. NOW THEREFORE BE IT RESOLVED: 1. The Commission fixes and establishes, within the shoreline band as defined in Government Code Section 66610(b), those boundaries for areas reserved for water- oriented priority land uses (pursuant to Government Code Section 66602) and those designations of the particular use for which each such area is reserved, as are containedin the text of this resolution and in Attachment A hereto (which attachment is incorporated herein by reference). 2. This resolution, including Attachment A, is intended to set forth in words .the same boundaries of areas reserved for water-oriented priority land uses (with the exceptions stated in Paragraph 3 and 4 hereof) as are depicted graphically on the San Francisco.Bay Plan maps as such maps have been amended up to and including November 18, .1971. 3. Inasmuch as the areas reserved for water-oriented priority land uses lie only within the shoreline band over which the Commission has jurisdiction pursuant to Government Code Section 666lo(b), each'of the priority areas is bounded on one side by the shoreline of San Francisco Bay, and on another side by a line 100 feet landward of and parallel with that line; the boundaries listed in Attachment A fix and establish the other two sides that bound each portion of the 100-foot wide shoreline strip that is reserved for a water-oriented priority land use. 2 .4. The Executive Director is ,directed 'to prepare a typescript of Attachment A, and a set of index maps showing the general location along the Bay shore of each of the priority use areas fixed and established by Attachment A, all as adopted@by the Commission on November 18, 1971, with whatever revisions of numbering and corrections of graphic and typographical errors are required to present accurately and under standably the substance of what was adopted. The conformity of the typescript and maps to the Commission's adoption action shall be evidenced by the certification of, the Executive Director and of the Chairman of the Commission. We hereby certify that: The foregoing Resolu.tion.was adopted by the San Francisco Bay Conservation and Development Commission at its meeting of.November 18, 1971 by a vote of 16.affirmative, 0 negative. A4-1 ell -NE MELVINT B. LL Chairman JOS= E.-T30DOVITZ Executive Director SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMNI SSION 30 Van Ness Avenue, San Francisco 94102 557-3686 PRIORITY USE AREA DESIGNATIONS AND BOUNDARY DESCRIPTIONS 1. The following priority use areas are each designated for the particular water-oriented-land use printed in parentheses following the name-of the area. The name of the area is for purposes of identification, and is not part of the designations. 2.- Boundary.descriptions are as follows: one boundary is the shoreline of San Francisco Bay, one boundary is a line 100 feet inland from and parallel to the Bay, and the other two boundaries listed below are the boundaries perpendicular to the shoreline and the line 100 feet inland. 3. Boundary lines, rights-of-wai, and assessors' maps of parcels are those y current.on July 1, 1971. The physical features referred to are as shown on the U.S.G.S. 7-@ minute quad maps, 1968 photorevisions. References to roads and,to the "line" of a road,refer to the right-of-way line of the.named road rather than to the edge of the. pavement of the road. Some of the descriptions are followed by the name of the major property owner within the described priority use area; this information is furnished as a convenience to users but is not part of the designation. 4. The provisions of the Commission's Administrative Regulation 10180, which provides a method for resolving boundary questions, shall apply to these priority use boundary designations to the extent possible under the McAteer-Petris Act. 1. Marin Headlands (Recreation) (A) West Boundary: Point Bonita. (B) East Boundary: Marin Headlands State Park b oundary. 2. Angel Island (Recreation) (A) Entire Island (State). 3. Audubon Wildlife Sanctuary (Wildlife) (A) West Boundary: West line of parcel 55-011-34 (Audubon Society) (B) East Boundary: East line of.parcel 55-011-34. 4.. Tiburon Boulevard Shoreline (Recreation) (A) Northwest Boundary: Westerly line of parcel 55-041-16 extended to shoreline. (B) South Boundary: Northeast line of parcel 60-271-01. -2- 5.@ Keil Cove/Bluff Point (Recreation) (A) Southwest Boundary: Southwesterly line of parcel 59-231-01. (B) North Boundary: Northwest line of parcel 59-231-01. 6. Marine Minerals Technology Center (former Navy Net Depot) (Recreation) (A) Northwest Boundary: Northwesterly' lines of parcels 58-061-04 and 58-061-01 (U-S-A-7- (B) Southeast Boundary:. Southeast lineof parcel 58-100-01 (U.S.A.).' @7. Paradise Cove (Re6reation) (A) West-Boundary: West line of parcel,58-o4l-.03 (County). (B) East Boundary: East line of parcel 58-o4l-03. 8.. marin Islands (Wildlife) (A) Entire islands, both East Marin Island and West Marin Island (Crowley). 9. The Sisters (Wildlife) (A) Entire two islands (State). 10. Point San Pedro (Recreation) (A) Southwest Boundary: A line perpendicular to the shoreline and 2000 feet southwest of Point San Pedro. (B) Northwest Boundary: West line of parcel 186-oic-18. 11. Rat Rock (Wildlife) (A) Entire island (County). 12. Grove Point (Recreation) (A) Peninsula in marsh near Grove Point bounded on the south by north line of North San Pedro Road. 13. Gallinas Creek North (Recreation) (A) West Boundary: North-south line tanc-ent to tip of levee at the confluence of the Gallinas Creek north.and south -3- (B) North Boundary: An east-west drainage ditch situated approximately 3200 feet north of the southern tip of the land peninsula bordering Gallinas Creek (Smith). 14. Hamilton Air Force Base (Airport) (A) North Boundary: North.line of paxcel 157-18o-ol (U.S.A.). (B) South Boundary: South line of parcel 157-180-13 (U.S.A.). 15. Black.Point.(Recreation), (A) Northwest Boundary: Northwest line@of Route 37 right-of-way. (B) Southeast Boundar : East line of parcel 157-01-17 (Geddes). 16. Petaluma River - Sonoma County (Industrial) (A) West Boundary: 'South line of State Highway Route 37. W East Boundary: East line of parcel 68-14-4. 17. Lower Tubbs Island (Wild-life) - (A) Entire parcel 68-160-05 (Nature Conservancy). 18. Mare Island (Industrial) (A) Northwest Boundary: Naval Reservation Boundary (on San Pablo Bay). (B) Northeast Boundary: Naval Reservation boundary south of Highway 37 (on Napa River). 19. Vallejo Waterfront (Recreation) (A) North Boundary: South line of Sears Point Road. (B) Southeast Boundary: South line of small boat launching ramp (near the foot of Marin Street). 20. Vallejo (Industrial) (A) Northwest Boundary: North boundary line of parcel 58-090-18 (CitY of Vallejo). (B) Southeast Boundary: South line of parcels 62-010-11 and 62-010-13. 21. Vallejo-Semple Point - Benicia Beach State Park (Recreation) (A) North Boundary: South line of parcels 62-101-11 and 62-010-13. (B) East Boundary: Southwest line of L Street, Benicia (west of 14th Street). 22. Benicia Waterfront (Port) (A) West Boundary: Southeast line of First Street extended to shoreline. (B) East Boundary: Southwest line of Benicia-Martinez (Highway 680) Bridge. 23. Benicia-Industries (Industrial) (A). South Boundary: Northeast line. of Benicia-Martinez (Highway 680) Bridge. (B) Northeast Boundary: Northeasterly 1ine of parcel 78-24-1 (Benicia Industries). 24. Joice Island (Wildlife) (A) Boundaries of State Fish and Game wildlife reserve. 25. Suisun Slough Island (Recreation) (A) Entire island (Fairfield-Suisun Sewer District). 26. Suisun Slough (Industry) (A) North Boundary: North line of parcel 32-210-02 (Lawler Ranches). (B) East Boundary: East Section line of Section 31, T.5N., R.lW., M.D.B.&M. 27. Suisun - Montezuma Slough (Industry) (A) East Boundary: A line parallel to and 500 feet west of Beldons Landing Bridge (on Montezuma Slough). North Boundary: Intermittent Creekbed south of Hill Slough and approximately coinciding with the north-south quarter section line of Section 5, T.4N.,R.1W.,M.D.B.&M. 28. Collinsville - Montezuma Slough (Industry) (A) North Boundary of North Portion: South line of Little Honker-Bay Road (above Little Honker Bay). (B) Southwest Boundary of North Portion: North-south quarter-section line of Section 24, T.4N.,R1W.,M.D.B.&M (at Nurse Slough). -5- North Boundary of Mid-Portion: North-south quarter-section line of Section 30, T.4N., R.IE., M.D.B.&M. (D) South Boundary of Mi d-Portio n: A north-south line 1600 feet west of east section line of Section 31, T.4N., ME., M.D.B.&M. (E) North Boundary of West Portion: North section line of Section 8, T-3N., R.U., M.D.B.&M. (on Montezuma Slough). (F) Southeast Boundary of West Portion: East-west line 1500 feet north of southernmost tip of Collinsville Road, approximately 500 feet west of Collinsville Road. s @@due east, (G) West Boundary of South Portion:. North outh line i8OO feet. of Collinsville Road.. .(H) East Boundary of South Portion: 100 feet east of the east side of Marshall Cut. 29. Grizzly Island (Wildlife) ,(A) North Boundary of East Portion: North line of parcel 46-25-3 (at Montezuma Slough). (B) South Boundary of East Portion: Northerly bank of.Roaring River Slough (at Montezuma Slough). (C) North Boundary.of West Portion: Western lines of parcel 46-26-3 (on Grizzly Bay). (D) South Boundary of West Portion: Southwest line of parcel 46-24-1 (on Grizzly Bay). 30. North Contra Costa (Industrial) (A) East Boundary:: Stake Foint. (B) West Boundary: West line of property on assessor's map page 378-1. 31. Crockett (Industrial) (A) East Boundary: Easternmost lines of property on assessor's map page 354-1. @(B) West Boundary: East line of Interstate 8o. 32. Davis Point (Industrial) (A) East Boundary: East extremity of parcel 355 -o4o-02. (B) Southwest Boundary: Southwest line of parcel 357-010-02. -6- 33. Rodeo Shoreline (Recreation) (A) Northeast Boundary: Northeast line of parcel 357-020-o4. (B) West Boundary: Northeast line of parcel 357-020-09. 34. Lone Tree Point (Recreation) (A) North Boundar South line of parcel 357-020-10. (B) South Boundary: South lines of property on assessor's map page 357-2. 35. Hercules (Industrial) (A) Northeast Boundary: Northeast lines of property on assessor's map pages 400-030 and 400-040. (B) Southwest Boundary: Southwest line of parcel 400-020-10 extended to shoreline.. 36. Pinole-Hercules (Recreation) (A) North Boundary: North line of Santa Fe Street (Hercules), extended to shoreline. (B)- South Boundary: South line of Pinon Street (Pinole), extended to' shoreline. 37. Wilson Point (Recreation) (A) Peninsula bounded on the southeast by the southeast lines of property on assessor's map page 403-1. 38. Richmond SanitaryFill (Recreation) (A) Soiz,h Boundary: Southeasterly lines of property on assessor's map page 406-14 (Richmond Sanitary Service)(near mouth of Castro Creek). (B) -North Boundary: East line of property on assesso r's map page.4o8-14 (at San Pablo Creek). 39. Richmond (industrial) (A) East 3oundary of North Fortion: Southeast line of property on assessor's map page 40b-14-(near mouth of Castro Creek). y of 1,70 (B) West 3ou-ndar 4 rth Portion: East line of narcel 561-08C 04 (Point San Pablo Yacht Harbor). (C) East Boundary of SoutIn Portion: S ou +5 hline of parcel -7- (D) West Boundary of South Portion: South and east lines of property on assessor's map page 561-40 (aT Castro Point). 40. Point San Pablo - Point Molate - Castro Point (Recreation) (A) Northeast Boundary: East line of parcel.561-08.0-04 (Point San Pablo, Yacht Harbor). (B) South Boundary: South and east lines of property on assessor's map page 5bl-40 (at Castro Point). 41. The' Brothers (Recreation)-- (A) -Entire two islands (U.S.A.). 42. Red Rock (Wildlife) (A) Entire island (Gliclcnan). 43. Poi nt Richmond (Recreation) (A) North Boundary: Northeast line of parcel 561-020-01 (Kellers Beach). (B) South Boundary: Line perpendicular to shoreline through a point 1600 feet north and 1300 feet east of the southern (outer) tip of the Santa Fe Pier. 44. Richmond (Port) (A) West Boundary: West line of parcel 560-320-10 (west of Point Potrero on Richmond Harbor Channel). (B) East Boundar The breakwater located approximately 2600 feet east of the east edge of the Inner Harbor Basin east bulkhead. 45. Brooks Island (Recreation) (A) Entire island, including breakwater (E.B.R.P.D. and.others). 46. Point Isabel (Recreation) (A) Northwest Boundary- A line parallel to and 200 feet northwest of the southeast shoreline of Point Isabel at its southwestern extremity. (B) Southeast Boundar Contra Costa Alameda County line. -8- 47. Fleming Point Virginia Street (Recreation) (A) North Boundary: Contra Costa Alameda County'line. B) South Boundary: South line of property on assessor's map page 60-2529. 48. Berkeley Maxina (Recreation) (A) Peninsula bounded on the east by the easterly line of statutory grant (City of Berkeley). 49 Berkeley Shore (Recreation) North Boundar North line of Addison Street extended to shoreline. (B) South Boundar South line of parcel 49-1518-24. 50. Emeryville Peninsula (Recreation) (A) Northeast Boundary of West Portion: Easterly line of city's statutory grant (Town of Emery-ville) (B) South east Boundary of West Portion: West line of Town Hall site. (C) West Boundary of East Portion:. East line of Town Hall site. (D) East Boundary o., J.- East Portion: A line parallel to and 150 feet sout@i of the south line of Powell Street. 51. Emery-ville-Oakland Shoreline (Wildlife Refuge) (A) North Boundary: A line parallel to and 150 feet south of the south line of Powell Street. (B) West Boundary: East line of eastern overcass from Oakland Army Terminal to Bay Bridge toll plaza. 52. Oakland (Port) (A) IoTorthwest Boundary: A north-south line 24CO feet west of Bay Bridge ,toll booths (south of traffic lanes). (B) East Boundary: Clay Street,.Oaklandextended to-shoreline. 53. Lake IvIerritt Channel (-Recreation) @A) West Boundary: East line of Fallon Street. (B) -,jlorthea-,t Boundary: South line of Embarcadero. -9- 54. Clinton Basin (port) (A) Northwest Boundary: South line of Nimitz Freeway. (B) East Boundary: South line of railroad spur south of 10th Avenue. 55. Governme@t Island (Recreation) (A) Entire island (U.S.A.).. 56. Alameda, (Port). ..(A) Northeast Boundary: East boundary of Alameda Naval Air Station (Administration Center) (on Oakland Estuary). (B) Southeast Boundar East line-of property on assessor's map on page 74- 79-11-Fon San Francisco Bay). 57. Alameda Beach State Park (Recreation) (A) West Boundary: East line of Sixth Street extended to the shoreline. (B) East Boundary: Northwest line of Broadway Street extended. 58. East Creek Slough (Recreation) (A) Northwest Boundary: Northwest line of parcel 34-2300-13-1 (Navajo Termin@TS7. (B) East Boundary: Southwe-st line of Oakport Street. 59. San Leandro Bay.@Recreation) (A), West Boundary: A line perpendicular to the shoreline at midpoint (approximately 500 feet from each end) of the westernmost dike of Bay Farm Island (Utah International (B) South Boundary: West line of DeHaviland Street.extended to Airport Channel. [NOTE: Utah International, Inc. claims an exemption from all Commission jurisdiction, including jurisdiction within the 100-foot shoreline band, for the portion of this area owned by it; this priority designation does not affect the claim of exemption.] 60. Oakland (Airport) (A) West Boundary: Northeast and northwest lines of parcel 74-1040-4-2 (Port Tf -0akiand). (B) South Boundary: Oakland-San Leandro City boundary. -10- 61. North San Leandro (Recreation) (A) North Boundary: North shore edge of existing oakland"Scavenger Company fill extended to Davis Street. (B) South Boundary: North line of Williams Street.extended to the shoreline. 62. South San Leandro (Recreation) (A) North Boundary: North and east lines of Parcel 79A-590-1-3. (B) South Boundary-. South line of parcel 8OG-910-2-11 (San.Leandro City limit). 63. Coyote Hills North. (Recreation) (A) East Boundary: Southwest line of Newark Boulevard. (B) Northwest Boundary: North line of Alameda County Flood Control District right-of-way. 64. Coyote-Hills - South (Recreation) (A) East Boundary: Southwest line of Newark Boulevard. (B) Southwest Boundary: South line of Alameda County Flood Control District right-of-way. 65. Mountain View (Recreation) (A) Northeast Boundary: North line of parcel 15-36-025 on east side of Mourtain View Slough. (B) !,@Iorthwest Boundar : North line of parcel 15-36-025 on west side of Mountain View Slough. 66. Palo Alto Baylands Park (Recreation) (A) Northwest Boundary: North line of P.G.& E.,right-of-way near mouth.of Mayfield Slough. (B) Southeast Boundary: Westerly (outer) edge of existing southwest- northeast levee approximately 19CO feet north of levee which,blocks Charleston Slough froir the. Bay- 67. Menlo Park (Recreation) parcel '175-400-1 extended (A) West Bci.-,.ndary Portion: East line ol northerly to Westpoint Slough. (B) East Boundary of North Portion:. Eastern edge of levee along east line of parcel 55-400-31 extended northerly to Westpoint Slough. (C) South Boundary of West Portion: South line of parcel 55-400-30, extended to Flood Slough. (D) North Boundary of West Portion: South line of parcel 55-4oo-1, extended westerly to Flood Slough. 68. Redwood Creek.'- East (Port) (A) Southwest Boundary-. An east-west line drawn through the northernmost of landis.outherly.-of Smith.Slough and southwesterly of Redwood Creek at the confluence thereof (on the easterly,bank of Redwood Creek). (B) Northeast Boundary: Southerly line of parcel 44-300-14 (at Westpoint Slough). 69. Redwood Creek West (Port) (A) North.Boundary: East edge of most easterly levee (of salt ponds) situated between Corkscrew Slough and Smith Slough (at Corkscrew Slough). (B) South Boundary: East edge of most easterly levee (of salt ponds) situated between Corkscrew and Smith Slough (at Smith Slough). 70. Bair Island. (wildlife) (A) West Boundary: Southeast side of water canal running from Redwood Point on the northeast to Corkscrew Slough on the southwest, approximately 1800 feet northwesterly of Redwood Creek (on Corkscrew Slough). (B) East Boundary: A line.1600 feet northeast of, and parallel to the northeast si@le of P.G.& E. right-of-way (on San Francisco Bay near mouth of Redwood Creek). 71. Smith Slough (Recreation), (A) Southeast Boundar 'A line parallel to and 700 feet north of the south line of parcel 95-030-16 (at Smith Slough). (B) Northwest Boundary: Westerly line of parcel 95-7030-15. 72. Redwood Shores (Recreation) (A) South Boundary: East-west mid-section line of Section 36, T.4s., R. W., M.D.B.&M. (B) East 3oundary: East section line of Sections 25-and 36, T.4S., R.4w., M.D.3.&M. -12- 73. Foster City (Recreation) (A) South Boundary: East section line of Section 35, T.4S., R.4w., M.D.B.&M (on Belmont Slough). (B) North Boundary: Southeast line of San Mateo-Hayward Bridge right-of-way. 74. Coyote Point (Recreation) (A) East Boundary: East section line of Section 21, T.4S., R.4W., M.D.B.&M. (near mouth of former Seal Slough). (B) West Boundary: Westerly boundary of Coyote Point County Park. 75. Burlingame (Recreation) (A) West Boundary of North Portion: Center line of Broadway (Burlingame), extended northeasterly. (B) East Boundary of North Portion: East section line of Section 13, T.4S., R.5W., M.D.B.&M. (C) Northeast Boundary of South Portion: East section line of Section 13, T.4S., R.5W., M.D.B.&M. on the south bank of Burlingame lagoon. (D) Southeast Boundary of South Portion: East section line of Section 13, T.4S., R.5W., M.D.B.&M. on the south bank of burlingame lagoon. 76. San Francisco Airport (Airport) (A) South Boundary: Northwest line of Millbrae Avenue extended to shoreline. (B) North Boundary: North boundary of San Francisco International Airport. 77. Oyster Point (Recreation) (A) South Boundary: South line of parcel 15-010-7. (B) North Boundary: A line perpendicular to the shoreline 1250 feet west and 1000 feet north of the center of the intersection of Oyster Point Boulevard and Eccles Avenue. 78. Brisbane Lagoon (Recreation) (A) Shoreline Boundaries: Around entire lagoon. 79. Brisbane Shoreline (Recreation) (A) South Boundary: Northern boundary of the City of South San Francisco. (B) North Boundary: San Mateo-San Francisco County line. -13- 80. Candlestick-Bayview (Recreation) (A) South Boundary: San Francisco-San Mateo County Boundary. (B) North Boundary: Northwest line of Coleman Avenue. 81. Hunters Point Naval Reservation (Port) (A) Peninsula bounded on the northwest by the boundary of U.S. Naval Reservation. 82. India Basin:(Recreation) (A) South Boundary: A line perpendicular to the shoreline-(south side of India Basin) 1100 feet west of the U.S. Naval Reservation boundary (Earl Street) and 400 feet north of the north line of innes Avenue. (B) North Boundary: A line p arallel to and 950 feet southeasterly of the southeast line of Jennings Street. [NOTE: This Area does not include the PG&E Hunters Point Plant--Board of Equalization Parcels 135-38-18 (Lots and 2) and Parcel 135-38-26 (Lot 3).] 83. South (Central) Waterfront (Port) (A) Northeast Boundary of North Portion: South line of Pier 44 extended. (B) Southwest Boundary of North Portion: West line of Sixth Street at North side of Channel Street ("China Basin"). (C) Northwest Boundary of South Portion: West line of Sixth Street at South side of channel Street ("China Basin"). (D) South Boundary of South Portion: Southwest line of Arthur Avenue. [NOTE: This area does not include the PG&E Potrero Plant-Board of Equalization Parcel 135-38-24B (Lot 2).] 84. Aquatic Park-Presido-Point Lobos (Recreation) East Boundary: Center line of Hyde Street extended onto Hyde Street (A) Pier. (B) West Boundary: Southwesterly line of Parcel 1313-15 (State of California). 85. Alcatraz Island (Recreation) (A) Entire island. -114- 86. Yerba.Buena Island (Recreation) (A) Entire island from a 14 ne across land neck joining Yerba Buena with Treasure Island, 400 feet southeast of the southeastern edge of Treasure Island. 14 . . . . . . . . . . . 34 33 36 .......... 37 12 10 SAN RAFAEL JU 40 CENTRAL BAY NORTH 2' 3 MILES CORTE MADERA RICHMOND SAN FRANCISCO BAY CONSFIRVATION 4 AND DEVELOPMENT COt,VAISSION 43 46 3 7 4 . . . . . . BERKELEY SAUSALITO 50 84 OAKLAND 86 . . . . . . . . . . . SAN PABLO BAY 0 1 2 3 M ILES, SAN FRANCISCOE3fy CONSERVATION ANO OLVELOP%1ENT CO.'.1MISSION I n 19 17 15 . . . . . .- - - - - - VALLEJO NOVATO 20 32 33 34 13 37 12 10 SAN RAFAEL ............ 26 SUISUN B" 2 1 2 3 27 1611LES ............ 'ANCi SCO EitAY CON S RVAT ION SAN FF, AND DEVELOP-MENT CO( R"Is N .24 Vm ... ....... ENI I ffi@`@@`.Oi WMI ITT BUM ....... . . mom".., ........... 51 OAKLAND @: . . . . . . . . .. . . . . 5i 86 54 . . . . . . ff D 55 SAN FRANCISCO 58 57 n59 Mll fin SAN LEANDRO 81 61 62 78 CENTRAL BAY SOUTH 1 2 3 MILES SAN FRANCIS-OSry CONSERVATiON W MINIM AND 0E.W-LCr'%:ENT C0t4xl,.SSjoN ............ 75 74 BURLINGA E HAY WAR 74 73 ". . . . . . 0 1% 70 FREMONT. h4 REDWOOD CITY 71 68 PALO ALTO SOUTH BAY 1 2 3 N1 ILES SANFNANCISCO Ei-@y CON'SERVATION A<; DIEVELO.'MIEN7 SAN JOSE SPECIAL AREA PLAN NO. 1: SAN FFMTCISCO WATERFROW SPECIAL AREA PLAN NO. 1: SAN FRANCISCO VI-ATERFRONT San'Francisco Bay Conservation and Development Commission STATE OF CALIFORNIA EDMUND 0. BROWN JR, Governor SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE SAN FRANCISCO, CALIFORNIA 94102 PHONE: 557-3686 September 19, 1975 E R R A T A PIERS 34, 36, 38, 40, 42, & 44 Permitted Uses on New or Replacement Fill (Subject to Policies) COMMERCIAL RECREATION PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS MARINA 1. Bay-oriented commercial recreation on replace- ment fill in the areas occupied by Piers 34 through 44 should be limited in scale and con- sistent with the recommended development of Seawall Lots 329 through 336, of existing Piers 26 through 32 and 46a and b, (when these are no longer in maritime use), and of the triangle bounded by 2nd Street, Bryant Street and The Embarcadero. 2. No hotel/boatel use should be permitted on replacement fill in the area of Piers 34 through 44. NOTE: This section above should be inserted between pages 44 and 45 of the Special Area Plan No.l San Francisco Waterfront. The Waterfront Advisory Committee was appointed in April,, 1973 and submitted a recommended Special Area Plan for the San Francisco water- front to BCDC in December, 1974. This recommended plan formed the basis for the following Special Area Plan, adopted by BCDC as a Bay Plan amend- ment. While the Committee members were selected to represent a wide diversity of views, they served on the Committee as individuals, and not necessarily as official representatives of their organization. The members of the Committee and their alternates were as follows: WILLIAM EVERS., Chairman WALTER NEWMAN --Bay Conservation and Development Allan Jacobs, Alternate Commission George Williams, Alternate --San Francisco Planning DIANNE FEINSTEIN Commission --San Francisco Board of Supervisors and BCDC BYRON NISHKIAN William Sargeant, Alternate RICHARD GOLDMAN Downtown Association of Toby Rosenblatt, Alternate San Francisco Judy Sheldon, Alternate --Citizens' Waterfront Committee ROBERT RUMSEY (To October, 1974) ART EVANS RIC HARD GRYZIEC William Mason, Alternate Ann Fogelberg, Alternate --San Francisco Redevelopment --San Francisco Tomorrow Agency ROBERT KATZ LEX BYERS --Telegraph Hill Dwellers' Association --Greater San Francisco Chamber of Commerce KAY KERR Esther Gulick, Alternate DWIGHT STEELE --Save San Francisco Bay Association Becky Evans, Alternate --Sierra, Club, Bay Chapter ROBERT KIRKWOOD .--San Francisco Planning and Urban ELANIE SUNDAHL (To November, 1973) Renewal Association (SPUR) PAUL SHERRILL --Potrero Hill Residents' and CYRIL MAGIN (To August, 1974) Homeowners' Association JOHN WILLIAMS --San Francisco Port Commission DON L. ROTAN --Marine Cooks and Stewards Union Technical support for the Special Area Plan was provided by: BCDC Staff Port of San Francisco Staff Charles Roberts, Executive Director John Williams, Property Michael Wilmar, Deputy Director Management Stanley Euston, Chief Planner Consultant Ruth Koch, Planner Lisa Stevens, Clerical Redevelopment Agency Staff Economic Consultant William Mason, Chief, Planning Gruen Gruen + Associates Division S. F. City Planning Department Staff George Williams, Assistant Director C 0 N T E N T S Page I. INTRODUCTION AND SUMMARY 1 II. SUMMARY OF McATEER-PETERS ACT AND BAY PLAN PROVISIONS GENERALLY APPLICABLE TO THE SAN FRANCISCO WATERFRONT 6 The McAteer-Petris Act 6 The San Francisco Bay Plan: Policies Generally Applicable 7 1. Safety 7 2. Public Access 7 3. Effects on the Bay 8 The San Francisco Bay Plan: Uses and Purposes for Which Fill May be Allowed 8 1. Ports 9 2. Water-Related Recreation 9 3. Minor Fill to Improve Shoreline Appearance or to Improve Public Access 10 4. Bay-Oriented Commercial Recreation and Bay-Oriented Assembly 10 III. SPECIAL AREA PLAN: PERMITTED USES; POLICIES; RECCOMMENDATIONS; AND MAPS 12 Area Covered by Plan 12 Components of Plan 12 1. Permitted Uses on New or Replacement Fill 12 2. Policies 12 3. Recommendations 12 4. Maps 13 General Policies 13 1. Criteria for Granting Permits 13 2. Geographic Vicinities 13 3. Parking on Replacement Fill 14 4. Marina Parking 14 5. Fill for Maritime Facilities 15 6. Required Public Access 15 7. View Corridors 16 8- Residential and office Uses 16 9: Sport Fishing 17 10. Mooring of Historic Vessels 17 General Recommendations 17 Geographic-Specific Policies and Page Recommendations 20 1. Hyde Street Pier Through Pier 43 20 2. Pier 41 Through Pier 9 27 3. Piers 7 Through 24, Including the Ferry Building the BART Platform 32 4. Bay Bridge to China Basin 41 5. Pier 48 Through India Basin 46 M A P S Special Area Plan Map 10a (Hyde Street Pier through Pier 43) 23 Special Area Plan Map 10b (Pier 41 through Pier 9) 28 Special Area Plan Map 10c (Pier 7 through Pier 24) 33 Special Area Plan Map 10d (Bay Bridge to China Basin) 42 Special Area Plan Map 10e (Pier 26 through Pier 46) 45 Special Area Plan Map 10f (Pier 48 through Indian Basin) 48 ii I. INTRODUCTION AND SUMMARY Few cities of the world can equal San Francisco's waterfront setting. Yet the northern waterfront has for too many years been characterized by obsolete and dilapidated piers no longer suitable for either maritime use or new non-maritime development. Disagreements over the use, scale, and intensity of new development on Bay fill have stymied attempts to realize the immense public benefits that waterfront revitalization could bring. In April, 1973, the BCDC, at the request of its Chairman, William D. Evers, appointed a widely-representative committee to advise it on a plan for the San Francisco waterfront. The committee's charge was to develop, by means of a "parcel-by-parcel" planning process, a BCDC "special area plan" for the San Francisco waterfront. Under BCDC Regulations, a special area plan applies any or all of the policies in the Commission's San Francisco Bay Plan in greater detail to a specific geographic area either wholly or partially within BCDC jurisdiction, such as the San Francisco waterfront. The special area plan is intended to serve as a guide as to what fill, dredging, or change in use in any area would appear to be consistent with the McAteer-Petris Act and the Bay Plan policies. Adoption of a special area plan, however, does not alter the requirement that a permit must be secured from the Commission for any development within its jurisdiction. As part of the planning process, the Port delineated the waterfront areas that would probably be surplus to maritime needs, and these non- maritime areas were the primary focus of committee study., analysis, and deliberations. Working over a period of almost two years, and meeting an average of twice a month, the committee painstakingly developed a proposed special area plan for the San Francisco, waterfront from the Hyde Street Pier through India Basin.. The committee's analysis of desired uses and guidelines for development resulted in a case-by-case examination of each site's potential for serving various public needs. As the planning pro- gressed, a number of assumptions, determinations, and findings emerged which are important in understanding the rationale for many of the plan's policies and recommendations. Some of the more important of these are summarized below: The San Francisco waterfront is a vitally importent regional resource which can support port and related maritime facilities, public access, open space, recreation. These can be accomodated without undue conflict, if development is guided by overall plan- ning responsive to public desires. Improvement and development of the waterfront should proceed on the basis of a detailed plan which incor- porates a balanced program for attaining economic, environmental, and social goals. The results of economic studies indicate that the use of replacement fill for office and residential use within current city height restrictions (1975) is not likely to generate rent to the Port. In addition,, these uses are not water-oriented and therefore could not be permitted on new or replacement fill without amendments to the McAteer-Petris Act. -2- Waterfront land is both valuable and scarce, and therefore should, not be used for automobile access and parking unless absolutely necessary for permitted uses, no upland location is feasible, and it is the minimum necessary. Elevated freeways near the shoreline impair visual access to the Bay, detract from the desirability of waterfront sites for commercial recreation and public access, and are perceived as a barrier between the city and its waterfront. Maritime activities are intrinsically interesting, and provide mcuh of the character of the waterfront. Public acces, view sites, and recreation areas are desirable additions to maritime districts, provided they do not interfere with maritime functions. Greater amounts of public recreation, open space, and public access along the shoreline-particularly in the Ferry Building area--are essential to full realization of the potential for public enjoyment of the Bay. Public funding may be required to achieve the desired amounts of public areas.. in addition to the public access required as part of the permit process. The replacement and reuse of obsolete maritime finger piers north of the Bay Bridge should be guided by a "Total Design Plan" with detailed design specifications developed by a public agency for the entire area. -3- The character of the Fishermans' Wharf area depends on the maintenance and expansion of the fishing fleet and related maritime activities. The waterfront and adjacent inland areas between the Bay Bridge and China Basin hold potential for develop- ment as a unique residential area, in conjunction with commercial, existing industrial, and open space uses. The plan the committee came up with was based on a blending of interests. it was responsive to the financial needs of the Port, the environmental constraints of the Bay Plan and McAteer-Petris Act, and the strong public desire for an accessible, usable waterfront. After extensive public hearings and the environmental impact review process, the Commission adopted the San Francisco Special Area Plan as a Bay Plan amendment on April 17, 1975. (As an amendment to the Bay Plan, the special area plan must be read in conjunction with both the McAteer-Petris Act, and other previsions of the Bay Plan.) The special area plan contains numerous policies relating primarily to permitted uses and conditions for such uses on pier area, as well as to ublic access and open space. The plan allows for development on new piers of hotels, shops, restaurants, marinas, amusements, as well as maritime and public recreation uses, in a variety of configurations and intensities. In the vicinity of the Ferry Building, the plan proposes that one-half of the pier area be walkable (1) open space, unless, as part of the Total Design Plan for the area, it is Under the special area plan, usable, walkable open space must be located at ground or platform level., but minor variations in elevation intended to enhance the design of open space may be permitted. Rooftop and interior open areas shall not be considered part of the required open space. Open space should be open to the sky, although some covering may be allowed if it serves the public areas, and does not support structures. -4- determined by the San Francisco Board of Supervisors and the Commission that private development cannot provide all of the fifty per cent (50%) walkable open space, and that no other public or private funds are obtainable to provide the remaining walkable open space. The plan also contains recommendations to other agencies, principally the City Planning Commission and the Port of San Francisco. Fiscal implications of the plan, studied intensively by an economic consultant, are such that the Port of San Francisco could receive almost $3 million per year in additional revenue from permitted non-maritime development. In sum, the special area plan, together with the McAteer-Petris Act and the Bay Plan, prescribes a set of rules for non-maritime shoreline development along the San, Francisco waterfront. Within these rules are contained many possibilities for creation of a revitalized, beautiful, and useful shoreline. -5- II. SUMMARY OF McATEER-PETRIS ACT AM BAY PLAN PROVISIONS GENERALLY APPLICABLE TO THE SAN FRANCISCO WATERFRONT Under BCDC Regulations (Sections 10820, 10821, and 10822), this special area plan is to serve as a guide to public agencies and private parties as to when BCDC permits will be issued by showing what filling, dredging., or changes in use would appear to be consistent with the McAteer-Petris Act (the BCDC law) and the San Francisco Bay Plan. This plan does not alter the requirement that a permit be secured from the Commission for any development within its jurisdiction. Furthermore this plan is an amendment to the Bay Plan, not a substitute for either it or the McAteer-Petris Act, and any proposed development must be con- sistent with the McAteer-Petris Act, the Bay Plan, and the special area plan. The special area plan must, therefore, always be read in conjunc- tion with both the provisions of the McAteer-Petris Act and the Bay Plan. The most important of these are summarized below: The McAteer-Petris Act Under the McAteer-Petris Act, BCDC can permit Bay fil1 (2) Only for certain "water-oriented" uses specified in the law or "minor fill for improving shoreline appearance or public access to the Bay." The water- oriented uses the law permits include water-related industry, bridges, wildlife refuges, and water-oriented recreation and public assembly. Housing and offices, two uses for which large areas of the Bay were filled in the past, have been determined by the Commission not to be water-oriented uses. (2) "Fill" includes earth or any other material including pilings; any water coverage whether on pilings or by cantilever; and floating structures moored for-extended periods of time, such as houseboats and floating docks. -6- In addition to limiting the uses for which fill can be approved, the Act also requires the Commission to find, among other things, that: There is no alternative upland location for any fill authorized; The fill is the minimum necessary; The nature, location, and extent of any fill will minimize harmful effects to the Bay; The fill is constructed in accordance with sound safety standards; The fill to the maximum extent feasible, establish a permanent shoreline; and The person proposing to fill has sufficient title to the properties in question as to be able to fill it in the manner and for the uses to be approved. The San Francisco Bay Plan: Policies Generally Applicable 1. Safety Under the Plan policies on Safety of Fills (page 17), every project on fill is reviewed by the Commission's Engineering Criteria Review Board, which is composed of seismic experts of international repute, and each project must be constructed according to standards prescribed by the Board. In most cases, these standards, which are based on the latest technological and scientific knowledge, exceed those established by local building codes. 2. Public Access The Plan policies on Public Access (page 29), as well as the provisions of the McAteer-Petris Act, require that any project built -7- either on fill or on the shoreline must provide public access to the maximum extent feasible. In general, this means, at a minimum, access open to the public both to and along the shoreline of project sites, although exceptions can be made if the public access is thereby improved. The extent, design and location of areas proposed for public access in projects is reviewed by the Commission's Design Review Board, which is composed of leading Bay Area architects, designers, and engineers. 3. Effects on the Bay The Commission also evaluates all projects on the basis of the Plan policies on Water Pollution (page 10), Smog and Weather (page 10), Water Surface Area and Volume (page 11), and Marshes and Mudflats (page 11). These policies were adopted to ensure a level of water quality in the Bay that was sufficiently high to permit full public use and enjoyment of the Bay, and they require all projects to comply with the requirements of the Regional Water Quality Control Board. These policies further state that the remaining water volume and sur- face area of the Bay should be maintained to the greates extent feasible and that filling and diking should be permitted only for purposes providing substantial public benefits and only if there is no reasonable alternative. The San Francisco Bay Plan: Uses and Purposes for Which Fill May be Allowed Within the constraints of the McAteer-Petris Act, the Bay Plan specifies the uses and purposes for which fill may be permitted in various parts of the Bay. From the standpoint of the San Francisco waterfront, the most important uses are ports, water-related recreation, -8- minor fill to improve shoreline appearance or public access, and Bay- oriented commercial recreation and Bay-oriented public assembly. 1. Ports The Port policies (page 20), call for substantial redevelopment of existing facilities at San Francisco, and state that shoreline areas needed for port uses should be reserved for that purpose. These port- priority areas on the San Francisco waterfront are shown on the maps included in this plan. The Bay Plan Port policies also state that permitted filling or dredging should be consistent with an overall regional port development plan in order to avoid unnecessary filling and dredging for port purposes. The Port policies further state that other uses, especially public access and public and commerical recrea- tional development, should be permitted in port areas if they do not significantly impair efficient utilization of the port areas. 2. Water-Related Recreation The Bay Plan policies on Water-Related Recreation (page 23), encourage the construction of marinas at sites designated on the Bay Plan maps and at other suitable locations, i.e., sites that do not fill up unusually rapidly with silt or mud and that are not subject to dense fog. Some fill can be permitted for marina support facilities (parking, service buildings, launching lanes, etc.), but any fill must be the minimum necessary. The Plan policies on Water-Related Recreation further suggest that key shoreline areas should be reserved for water-related recreation. In addition, limited commercial recreation facilities, such as small restaurants, can also be permitted in shoreline park areas., provided they are clearly incidental to the park use, and are in keeping with the basic -9- character of the park, and do not obstruct public access to and enjoyment of the Bay. 3. Minor Fill to Improve Shoreline Appearance or to Improve Public Access In addition to fill for the uses just described, under the Bay Plan po licies on Public Access (page 29) and Appearance and Design (page 31), the Commission can also approve minor fill to improve shoreline appearance and to improve public access. However, the Commission's Regulations limit such filling to cases where it is physically impossible or economically infeasible to improve shoreline appearance or public access without filling. 4. Bay-oriented Commercial Recreation and Bay-Oriented Assembly Under Admendent #1-71 to the Bay Plan, other major uses for which some fill can be permitteed are "Bay-oriented commercial recreation and Bay- oriented public assembly." These uses are defined in he Bay Plan (Amend- ment #1-71) as "facilities specifically designed to attract large numbers of people to enjoy the Bay and its shoreline, such as restaurants, specialty shops., and hotels." In general, fill for these uses can be permitted on privately-owned property in the Bay where filling for other permitted uses would not be consistent with the Plan. However, because Bay-oriented com- mercial recreation and public assembly are the only uses for which filling is permitted on a large portion of the privately-owned property in the Bay, fill for these uses is generally not permitted on publicly-owned land, e.g., the areas held in trust by the Port of San Francisco. The one exception to this policy is contained in Section a.(5) of Amendment #1-71, which was adopted by the Commission to encourage removal of obsolete piers on privately-owned or publicly-owned land by permitting -10- the piers to be replaced with fill (pile-supported structures only) for Bay-oriented commercial recreation and public assembly.. However, replace- ment fill for these uses can occupy only up to fifty per cent (50%) of the area being uncovered by removal of the obsolete piers, and the remainder must be devoted to public recreation, open space (including open water) and public access to the Bay. Furthermore, any project involving replace- ment fill must provide a permanent shoreline to the maximum feasible extent. Finally, in order to avoid haphazard and piecemeal development, any project involving replacement fill must be consistent with a special area plan for the area of the proposed project. This latter requirement led in large part to the Commission's undertaking, in cooperation with the City and County of San Francisco, the preparation of a special area plan for the San Francisco waterfront. III. SPECIAL AREA PLAN: PERMITTED USES; POLICIES;. RECOMMDATIONS; AM MAPS Area Covered by Plan The area covered by Special Area Plan No. 1: San Francisco Waterfront is the land and water area located along the existing shoreline of the City and County of San Francisco from the Hyde Street Pier to India Basin, including all areas within the jurisdiction of the Port of San Francisco. Special Area Plan No. 1 divides the waterfront area into numerous parcels to which particular permitted uses, policies, recommen- dations, and maps are addressed. Components of Plan 1. Permitted Uses on New or Replacement Fill The permitted uses listed in the text and on the maps refer to uses which may be allowed on fill in specified areas within BCDC's "bay" jurisdiction, subject to all relevant policies. These use designations have no effect on existing uses. 2. Policies The policies in Special Area Plan No. 1 apply only to areas within thejurisdiction of BCDC. These policies, in addition to the McAteer-Petris Act and other sections of the San Francisco Bay Plan, will be the basis for BCDC permit decisions. 3. Recommendations The recommendations are suggestions to be considered in BCDC's review of permit applications. In addition, the recommendations are advisory to the City and County of San Francisco, primarily the Port Commission and the Planning Commission., and set forth suggested -12- actions that should be taken by these agencies in areas within their jurisdiction. 4. Maps The maps delineate port priority use areas, as well as areas for public recreation., open space, and public access. In addition, the maps also indicate permitted uses by geographic area. All maps should be read in conjunction with the relevant policies and recommendations. General Policies 1. Criteria for Granting Permits Within the area covered by Special Area Plan No. 1: San. Francisco Waterfront, a proposed project should be approved if it is consistent with: (1) the McAteer-Petris Act; (2) the provisions of the San Francisco Bay Plan then in effect; and (3) Special Area Plan No. 1: San Francisco Water- front. 3 2. Geographic Vicinities Amendment #1-71 to the San Francisco Bay Plan specifies that pier area removed within a given geographic vicinity may be replaced only within IV-he same geographic vicinity. Special Area Plan No. 1 designates three separate geographic vicinities to which the removal and replacement of fill must be confined. These are as follows: a. The land and water areas within the jurisdiction of the Port of San Francisco from Hyde Street Pier through Pier 9. 3. The minutes of the San Francisco Waterfront Advisory Committee, the Report on the Special Area Plan forthe San Francisco Waterfront (December, 1974), and the proceedings of the Commission in adopting Special Area Plan No. 1: San Francisco Waterfront provide further background information on the bases for the policies and recommenda- tions of the special area plan. -13- b. The land and water area within the jurisdiction of Port of San Francisco from Pier 7 through Pier 24, including the Ferry Building and the BART plat- form. c. The land and water area within the jurisdiction of the Port of San Francisco from Pier 26 to the exten- sion of Earl Street at India Basin. 3. Parking on Replacement Fill a. Parking on replacement fill for public and commercial recreation uses other that marinas should be allowed only if: (1) no alternative upland location is feasible; (2) the parking is located within a stuc- ture devoted to use permitted under Special Area Plan No. 1 and is necessary to such use or to other permitted uses in the same project area; and (3) it is the minimum necessary. b. Determination of the amount of parking allowed should be based on the desirablitity of reducing automobile traffic along the waterfront and to the maximum extent feasible should consider the use of existing public transit and inland parking, as well a spublic transit and inland parking which could reasonably be provided in the future. 4. Marina Parking Parking for marinas should be provided wherever possible on upland lcoations. Where upland locations are not feasible, marina parking may be provided on new fill, provided that it is the minimum -14- necessary., and that the total fill for a marina does not exceed 1/2:1 land/water ratio. Loading and unloading areas adjacent to marinas are encouraged in order to minimize the need for fill for parking. 5. Fill for Maritime Facilities Any filling or dredging for maritime purposes should be consistent with the Bay Plan-and the McAteer-Petris Act. 6. Required Public Access a. In accordance with general Bay Plan policies, maximum feasible public access should be provided in conjunc- -tion with any development of existing or replacement piers. Public access should be located at ground or platform level, but minor variations in elevation intended to enhance design of open space may be permitted. Public access should also be open to the sky, although some covering may be allowed if it serves the public areas and does not support structures. Particular attention should be given to the provision of perimeter public access along the platform edge., Other uses may extend to the. platform edge subject to the following conditions: (1) Such uses should enhance the total design of the project, should serve to make the public access more interesting, and should not divert the public way along more than twenty per cent (20%) of the total platform edge. (2) Deviations of the public way from the platform edge should be limited to short distances. -15- b. Development of public access should be required as a condition of permits for new maritime and non- maritime development. The location of such access. obtained as a condition of maritime development between Channel Street and India Basin should be guided by the designations for public recreation, open space, and public access, as found on Special Area Plan Maps 10(e) and 10(f). 7. View Corridors Important Bay views along the Embarcadero and level inland streets should be preserved and improved. Minor encroachment into the view corridors from level inland streets may be permitted under the following conditions: a. Where the encroaching element has a distinct maritime character, is separated from the shore- line by wate, and adds variety to the views along the waterfront. b. Where structures (such as kiosks) are desirable to provide public amenities contributing to a continuity of interest and activity along the waterfront. c. Where essential maritime facilities cannot reasonably be located and designed to avoid view blockage. 8. Residential and Office Uses No residential or office uses should be permitted on new or replacement fill on the San Francisco waterfront. Such uses may be permitted in conformity with city plans along the existing shoreline, excluding the BART platform, if maximum feasible public access to the Bay is provided. -16- 9. Sport Fishing Facilities for commercial sport fishing are permitted in all waterfront areas within the special area plan, subject to all relevant policies and recommendations of this plan. 10. Mooring-of Historic Vessels Pending completion of the Total Design Plan for the Ferry Building area and the development by BCDC of more specific guidelines governing the mooring of historic vessels in the Bay, temporary mooring (periods not to exceed one year) of ships, boats, and ferries of historic interest to the Bay Area, including those containing Bay-oriented commercial recreation, should be permitted in the area of Piers 9 through 24 at existing piers, provided that these uses: (1) do not require substantial alteration to any pier structure, (2) do not require new parking facilities over water, and (3) improve public acess and shoreline appearance. Permits issued for any ships, boats or ferries under this policy should specify that no "grandfather rights" of any kind are obtained. General Recommendations The existing height and bulk limits (as of April, 1975) of the City of San Francisco should not be exceeded in any waterfront development. The Planning Commission is encouraged to use its discretionary project review authority to assure that the prominence of the Ferry Building and its tower is maintained, in accordance with the City's Northern Waterfront Plan (1969). The entire San Francisco waterfront, including all areas for public recreation, open space,, or public access to -17- the Bay, should be linked by a continuous pedestrian- bicycle path. Public open space should be provided on existing piers when there is a substantial change in use from maritime to non-maritime. The special problems of building over water on existing finger piers, with regard to this suppression of fire and the provision of adequate escape routes, should be called to the attention of the BCDC, the Fire Commission and other appropriate public agencies. The proposed extension of interstate 280 should be re-aligned inland and should be linked to the Bay Bridge and East Bay Terminal, rather than to the Embarcadero Freeway, in order to enhance potential development and public use of the waterfront between the Bay Bridge and China Basin. Reference is made to the report of the San Francisco Department of City Planning entitled "A Transportation System for the Embarcadero Area." Within the context of regional transportation needs and recognizing the Embarcadero Corridor as one of regional importance, BCDC recommends consideration of this report to the appropriate local, regional, state, and federal transportation agencies. Parking not necessary to a use permitted under Special Area Plan No. 1 should not be allowed on existing piers; present parking on existing piers not necessary to a use -18- permitted under the plan should be phased out within five years of the effective date of this plan. Provision of parking on existing piers, if necessary to a use permitted under the plan, should be the minimum necessary. Determination of the amount of parking provided should be based on the desirability of reducing automobile traffic along the waterfront and to the maximum extent feasible should consider the use of existing public transit and inland park- ing, as well as public transit and inland parking which could reasonably be provided in the future . Billboards should be phased out along the waterfront within five years of the effective date of this plan. Design Recommendations; In order to preserve the historical continuity of the waterfront, older buildings of archi- tectural merit or historic significance should be retained. For historic continuity and esthetic reasons, pier entrance arches should, wherever possible, be preserved and incorporated into designs for new development. Connecting buildings between piers should be eliminated wherever possible. -19- Geographic-Specific Policies and Recommendations 1. Hyde Street Pier Through Pier 43 The portion of the San Francisco waterfront between the Hyde Street Pier and Pier 43 comprises a diverse area serving the commercial fishing industry and providing major tourist attractions. The Maritime State Historic Park is located on the west side of the Hyde Street Pier, while the east side is unused and in a serious state of disrepair. Fish Alley, located between the Hyde Street Pier and Pier 45, is the center of commercial fishing activity in San Francisco, although the size of the commercial fishing fleet has decreased substantially over the last 15 years. Pier 45, 11 acres in area and resting partly on solid fill, is assumed to be structurally sound and available for non-maritime develop- ment. BCDC has shoreline jurisdiction over Pier 45, and therefore the provision of maximum feasible public access is of principal concern. Existing uses at Pier 43 and Pier 43-1/2 include the San Francisco Maritime Museum ship Balclutha, tour boats, landings, ferry slips, and and restaurants. ---------------- ------------------ HYDE STREET PIER Permitted Uses on New or Replacement Fill (Subject to Policies) FISH PROCESSING LIMITED COMMERCIAL RECREATION PUBLIC ACCESS REPLACEMENT OF EXISTING BAY-ORIENTED COMMERCIAL RECREATION MARITIME Policies: 1. The reconstruction or improvement of the east side of the Hyde Street Pier for fish processing should be permitted. It -20- need not be rebuilt to its present configuration, but any new fill should be the minimum necessary. 2. Replacement fill for Bay-oriented commercial recreation should be permitted as part of the reconstruc- tion of the east side of the Hyde Street Pier if the Bay-oriented commercial recreation: (a) is limited in scale; (b) does not include hotel uses; and (c) is compatible with primary use of the pier for water-related recreation (maritime historical park) and for fish processing. 3. No parking should be allowed on new or replacement fill at the Hyde Street Pier, unless it is necessary for fish processing activities. No parking should be allowed for commercial recreation uses on replace- ment fill. Recommendations: 1. Use of the existing east side of the Hyde Street Pier, or portions retained as part of any reconstruction or improvement, should be consistent with the above policies, includ- ing the restriction on parking. -21- FISH ALLEY (Wharves 47., J-1 through J-10, Seawall Lots 302 and 303) Permitted Uses on New or Replacement Fill (Subject to Policies) REPLACENENT OF EXISTING BAY-ORIENTED COMMERCIAL RECREATION BREAKWATER BERTHING AND DOCKING FACILITIES FOR COMMCIAL FISHING BOATS PUBLIC ACCESS MARIME Policies: 1. Fish Alley facilities should be improved and e=anded to serve the commercial fish- ing fleet and to maintain and enhance the a--ea as a center for commercial fishing uses. Improved berthing, docking, and related facilities for commercial fish- boats. i"-cluding- necessary sanitation facilities, should be permitted.. 2. No new fill or re-olacement fill for Bay- oriented cornTr rcial recreation or Bay- oriented public assembly should be permitted unless it is to replace an existing Bay-oriented commercial recrea- tion use that has been involuntarily destroyed. 3. A breakwater between the Hyde Street- Pier and Pier 45 should be permitted if a breakwater will: (a) protect -.commercial-fishing boats moored in Fish Alley from damage caused- -22- Maritime $tate Historic Park Maritime Fish Processing Limited Commercial Recreation Public Access M a ritime Breakwater 47 Berthing and docking facilities forcommercial fishing boats Public Access Replacement of existing Say- oriented Commercial Recreation Maritime Maximum Feasible Public Access including maximum perimeter access 43 'IF. Maritime Tour Boats Ferries Replacement of existing .-Bay-oriented 43 Commercial Recreation Special Area Plan Map 10a 0 400 800 1200 Few --4 Note: Map for reference only -See relevant Policies and recommandrations Part Jurisdiction "N @N -23- by wave action; and (b) significantly enhance the Fish Alley area as a center for commercial fishing activities. Recommendations: 1. The existing wharves and the seawall lots should be modernized and improved for fish processing, marine repair and supply, Bay-oriented commercial recrea- tion, and general retail/commercial, with fish processing predominant on the Bay side of these parcels. 2. A view corridor should be opened and maintained at the foot of Leavenworth Street between Seawall Lots 302 and 303. PIER 45 4 Permitted Uses on New or Replacement Fill (Subject to Policies) PUBLIC ACCESS BOAT SLIPS MARITIME Policies: 1. A limited number of private boat slips should be permitted adjacent to Pier 4 The provisions of Special Area Plan No. 1 relative to Pier 45 are based on the assumption that new uses on the pier can be accommodated without structural improvements to those portions of the pier on pilings over the water. If reuse, in fact, requires new pilings to be driven in the water, uses over the pilings would have to be water-oriented. In this case, the Special Area Plan No. 1 policies, recommendations, and map pro- visions for Pier 45 will become inapplicable, and new policies, recommenda- tions, and map provisions would have to be adopted as an amendment to the special area plan. -24- 45 as part of any residential development of the pier. 2. Development of Pier 45 should provide maximum public access at pier level; the public access should be an integral part of the pier development and should create varied and interesting open spaces for public access, including visual access, to the Bay, particularly at the end of the pier and along pier edges. 3. All areas devoted to public access on Pier 45 sl.-.ould be protected from -'U-h-- wind to t1ae maxim-um ext-ent leasible without unnecessarily blocking views. Recommendations; 1. Preferred uses t'nat could be develo-ced on this pier are: a. Walkable public open space; b. Residential development; and c. Neighborhood co=ercial. Uses that could be included with the above are: a. Hotel; b. Office space; and C. General retail commercial. -25- The amount and types of any retail uses to be developed on the pier should comple- ment rather than compete with the existing commercial uses in the area. 2. Development on Pier 45 should minimize automobile traffic to and from the pier and the need for parking on the pier. Public transit should be encouraged. 3. Development of Pier 45 should open views of the Bay from ground level at the Embarcadero and from numerous vantage points on the pier, particularly from the end of the pier. PIERS 43 and 43-1/2 Permitted Uses on New or Replacement Fill (Subject to Policies) TOUR BOATS FERRIES REPLACEMENT OF EXISTING BAY-ORIENTED C0MMERCIAL RECREATION MARITINE Policies: 1. No new fill should be permitted except to maintain present uses, including tour boats, ferries, and public access to the Bay. 2. Replacement fill should be limited to replacement of commercial recreation uses involuntarily destroyed. -26- Recommendation: 1. Present uses may be maintained on the existing pier structures. Parking on these piers should bE phased out within five years. SEAWALL LOT 301 Recommendation: 1. Seawall Lot 301 should be developed in conformance with the Northern Water- front Plan of the City of San Francisco (1969), which calls for a "major urban plaza at the foot of Taylor Street." This should be a waterfront plaza with views of the Bay, and no new development should be permitted that is inconsistent with is recommenda- tion. 2. Pier 41 Through Pier 9 The area from Pier 41 through Pier 9 encompasses the major remaining cargo-handling piers on the northern waterfront, in addition to the passenger ship terminal. Piers 37, 39, and 41, however, are no longer used for handling cargo, although they are currently leased to several maritime tenants including water taxis, tugs and ferries, and tour boat operations. Pier 35 serves as a terminal for all incoming passenger ships, but it is generally considered to be inadequate both -27- MARITIME 41 PUBLIC RECREATION, OPEN SPACE. PUBLIC ACCESS, Limited Commercial Recreation. Hotel In conjunction with Improved Pier 35 passenger terminal 39 37 35 Existing assenger Termi al 33 EXISTING NIA.RITUVIE USE Design Plan required when 31 Maritime phased out 4f 29 27 23 19 17 Special Area Plan MaplOb 0 400 800 1200 Feet Note: Map for reference only Part Jurisdiction - - - See relevant policies and recomm ndations- /N esthetically and functionally. Piers 9 to 33 are-used for break-bulk cargo operations and this use is expected to continue for some years. The mari- time operations and the Bay along this portion of the waterfront are largely blocked from public view by continuous bulkhead structures connecting the piers. The inland side of the Embarcadero is lined with Port-owned seawall lots some of which have been developed for commercial office use and others of which are proposed for such development. ------------------------------------ PIERS 37, 39, and 41 Permitted Uses on New or Replacement Fill (Subject to Policies) MARITIME PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS LIMITED COMMERCIAL RECREATION HOTEL Policies: 1. Replacement fill in the area of Piers 37, 39, and 41 should be limited to: (a) public recreation and open space in conformance with local plans for the development of a "North Point Park" in this area; (b)a hotel that is as small as is economically feasible and in no event exceeds 400 rooms, that is developed only in conjunction with a new or substantially improved passenger terminal on Pier 35, and that is consistent with the park use described in (a) above; and (c) Bay- oriented commercial recreation that is limited in scale and incidental to park use. -29- 2. No parking should be permitted on new or replacement fill in the area of Piers 41 and 39. Parking should be permitted on new or replacement fill in the area of Pier 3 7 only if it is part of a hotel permitted on that site and is otherwise consistent with the provisions of the general parking policies of Special Area Plan No. 1. 3. Any development on the shoreline, on existing piers or on new or replacement fill, should open to the public the exceptional views of the Bay from this location. Recommendations: 1. The existing piers should not be used for parking lots except on Pier 41, where parking should be allowed only on a year-by-year basis in conjunction with a youth fishing program and if sub- stantial public access to the Bay is provided. 2. If and when the Embarcadero is no longer needed as a roadway in the area of Piers 37, 39, and 41, it should be converted to an inland extension of the proposed North Point Park. -30- PIERS 9, 15, 17, 19, 23, 27, 29, 31, 33 and 35 Permitted Uses on New or Replacement Fill (Subject to Policies) MARITIME PASSENGER TERMINAL PUBLIC ACCESS Policy: 1. When and if maritime use of any pier in the area of Piers 9 through 35 is phased out, no new development should occur until a Total Design Plan for the entire area is adopted by BCDC. However, this condition shall not apply to Pier 9, if this pier is included as part of the Total Design Plan for the Pier 7 through 24 area. Recommendations: 1. Piers 9 through 35 should continue in maritime use as long as economically feasible in order to serve cargo and passenger ships and to maintain the maritime character of the northern waterfront. 2. Pier 35 should be renovated as a modern, functional and attractive passenger terminal with associated commercial recreation uses such as a restaurant and small shops. 3. Connecting buildings between piers should be removed wherever possible in order to create new opportunities to view the Bay. -31- SEAWALL LOTS 311-THROUGH 324 Recommendation: 1. Seawall Lots 311 through 324 should be used for office, commercial and residential purposes and for parking. 3. Piers 7 Through 24, Including the Ferry Building and BART Platform The area from Piers 7 through 24 extends from Broadway to the Bay Bridge and includes ten finger piers, the Ferry Building and the BART plat- form. The ten piers flanking the Ferry Building were among the earliest built in San Francisco and most are in generally poor condition and no longer suitable for maritime use. Minor use of several of these piers continues, but such uses are tending non-maritime development. while Piers 5, 14, 18, 20, and 22 have been condemned. Because of the deteriorated condition of many of the piers in this area, any major deve lopment is likely to occur largely on new platforms. The Ferry Building, with its landmark clock tower, is the focal point of the northern waterfront, and also provides considerable office space.for the Port of San Francisco and numerous other tenants. The BART platform extends bayward from the Ferry Building and is the future site of a restaurant and major landscaped open space. The Golden Gateway redevelop- ment area, the downtown financial district and the south-of-Market area are all adjacent to this waterfront area, although the Embarcadero Freeway creates a visual separation between the waterfront and inland uses from Pier 7 through Pier 14. ----------------------------- -32- 7 3 COMMERCIAL RECREATION (includes restaurants, cafes, specialty sh ops, theaters, and concert halls) HOTELS-BOATELS Total no more than 800 rooms) MARINA (no public launching ramp) PUBLIC RECREATIOti, OPEN SPACE, PUBLIC ACCESS L7 MARITIME (includes pilot boats, tug boats, fire zoat ferries is 20 Salk 22 IVA ok %so" 24 Special Area Plan Maploc 0 400 Soo 1200 Feet -a Note. Map for reference only Part Jurisdiction See relevant policies and recommendations /N -33- PIERS 7 THROUGH 242 INCLUDING TEE FERRY BUI1DTNG AND BART PLATFORM Permitted Uses on New or Replacement Fill (Subject to Policies) PUBLIC RECREATION SPACE/PUBLIC ACCESS COMMERCIAL RECREATION (including restaurants, cafes, specialty shops (e.g., boutiques, bookstores., arts and crafts, interior decoration), theaters, concert hall, galleries, amusements, night clubs, cabarets) HOTELS/BOATELS MARINA (no public launching ramp) MARITIME Policies: 1. No replacement fill should be permitted in area of 7 through 24, includ- ing the Ferry Building and the BART plat- form, unless it is cons istent with a Total Design Plan for the area prepared by an appropriate public agency, approved by the relevant city agencies and adopted by BCDC. In development of the Total Design Plan, there should be maximum opportunity for public comment from the earliest stages. a. The Total Design Plan should conform to all relevant policies and recom- mendations of Special Area Plan No. 1, and should include: (1) The approximate configuration of replacement fill and of the piers to be retained. (2) The approximate location and spatial allocation of uses, including the -34- design of parks, open space, viev corridors and other areas for public access. (3) The approximate square footage, height and bulk of proposed uses. (4) The means by which required public recreation, open space and public access areas are to be -orovided and maintained (e.g., as a condition of develo-ment, th-rough public in-..rest- ment, or both). (5) T-'ae means by which un-usable piers are to be removed. (6) The amount of parking to be allowed for permitted uses. b. The Total Design Plan, in Conformity with all relevant policies and recommendations of Special Area Plan No. 1, should meet the following criteria: (1) The total pier area (measured from the bayward curb line of the Embarca- dero) devote d to walkable public recreation, open space and public access (not including roof tops, interior areas or the existing BART platform) is equal to the pier area devoted to all Bay-priented co=ercials -35- recreation and Bay-oriented public assembly uses, unless both the San Francisco Board of Supervisors (by resolution) and the Commission, as part of the total design process, determine: (i) that private d evelop- ment cannot provide the fifty per cent (50%) walkable public recrea- tion, open space and public access and at the same time yield a reason- able return both to Port and developer; and (ii) that insufficient public or private funds are obtainable from any source to provide the additional required walkable public recrea- tion, open space and public access. In this case, the maximum feasible walkable public recreation, open space and public access should be provided; and in no case should the total area devoted to public recrea- tion, open space (including new open water) and public access to the Bay be less than would be required under Amendment #1-71 of the Bay Plan. -36- (2) The required walkable public recreation, open space and public access is located at the platform level, although some variation in elevation may be desirable to make these areas more attractive and enjoyable to the public. (3) The required walkable public recreation, open space and public access is open to the public with- out charge, except a small portion may be included as part of a fee- restricted amusement or theme park. (4) The areas to be devoted to the required walkable public recreation, open space and public access are open to the sky (although some covering may be allowed if it serves the public areas and does not support struc- tures). (5) The required walkable public recreation, open space and public access does not include areas devoted to parking or streets open to general and regular vehicular use. -37- (6) Existing major view corridors from ground level at the Embarcadero and from inland streets are retained and sub- stantial new view corridors are created. (7) Bay-oriented commercial recreation on replacement fill is available at a range of price levels to encourage full use and enjoyment of the waterfront by all s e gment s of the public. (8) Hotel/boatel use does not exceed a total of 800 rooms. (9) A theme park or amusement park is not the predominant commerical recreation use; such use should be water-oriented and enhance public enjoyment of the Bay. (10) Bars, cabarets, night clubs, etc., are a minor use only. (11) All hotel parking is enclosed within the hotel structure and parking is otherwise consistent with the pro- visions of the general parking policy of the special area plan. -38- (12) A passenger terminal is not included unless renovation of Pier 35 is not possible and studies have shown that a loca- tion elsewhere on the San Francisco waterfront is not feasible. (13) Existing maritime use, including the pilot boats, the fire boats, the tug boats and the ferries, are retained to the maximum feasible extent. (14) Housing, offices, department stores, heliports or STOL ports are not included in any development on replacement fill. (15) No new water-related use is included on replacement fill, other than maritime uses. (16) Small-scale offices, studios (e.g., architects, art, photography) and housing are permitted on existing piers, excluding the BART platform. (Note: Under the McAteer-Petris Act, office and residential uses are not permitted on new fill, including replacement piers. BCDC -39- shoreline jurisdiction, except in priority use areas, is limited to assuring the provision of maximum feasible public access.) 2. The top of the BART ventilation structure behind the Ferry Building should be used only for Bay-oriented commercial recrea- tion, such as a restaurant, that is located in a structure that extends no higher than 40 feet above the surface of the platform (minor ancillary structures such as elevator shafts and skylights may exceed this limit and that improves the appearance of the shoreline. 3. The BART platform behind the Ferry Building should be used only as a landscaped public plaza, as the site for a ferry terminal, and for the berthing of ceremonial ships. Recommendations: 1. To the extent that the area required to be devoted to public recreation, open space and public access to the Bay cannot be provided as a condition of private development, public funds should be used for this purpose. 2. Public funds should be sought also for the removal of piers not replaced or removed as -40- a condition of private development and not suitable for other uses. 3. The existing piers should not be used for parking lots. 4. Recognizing the achievements of the BCDC Waterfront Advisory Committee, a similar committee with representation of the many interests concerned with the Total Design Plan would be a useful means of assisting in development of this plan. BCDC is pre- pared to join with the other public agencies involved in establishing such a broad-based advisory committee, or failing such joint establishment, may reinstitute the Waterfront Advisory Committee with broad representation to review the plan. 4. Bay Bridge to China Basin The area from the Bay Bridge to China Basin is characterized by some degree of maritime use and by mixed industrial use and vacant property immediately inland. Piers 26, 28, 30, 32, and 46a and b are currently in maritime use, although it is uncertain how long this will continue. These piers ate structurally sound and work now being undertaken by the Port of San Francisco will give them an extended life. Piers 34 through 44 are in poor condition and suitable for limited loading only. While some maritime use of these piers still takes place, it is expected that they will be -41- Between 2nd. Bryant and the Waterf ront: Recommended Mixed Use Residential Area 26 EXISTING 28 MARITIME USE (Mixed Use when phased out) 30 32 34 MARITIME 36 COMMERCIAL RECREATION (includes: restaurants, cafes, 38 specialty shops) 40 PUBLIC RECREATION, OPEN SPACE, PUBLIC ACCESS 42 MARINA 44 46A EXISTING MARITIME USE Cly?V4 -7 8A j'V (Mixed Use, when phased out) 1101 Special Area Plan Map_1-0 d 0 400 Soo 1200 Feet Note: Map for reference only See relevant policies and recommendations Part Jurisdiction -42- I@N available for non-maritime development within a few years. The condit ion of these piers will probably require their replacement in order to support any type of new development. The inland side of the Embarcadero from the Bay Bridge to China Basin is lined with Port-owned seawall lots in very marginal use. The seawall lots are, for the most part, taken up by rail- road tracks and the adjacent inland area is in light industrial and ware- housing use with much vacant property. In general, the area comprises an under-utilized portion of the city with a potential for regeneration. China Basin, forming the southern boundary of this area, is largely inaccessible to the public. ----------------------------------- SEAWALL LOTS 329 THROUGH 336 AND ADJACENT INLAND AREAS Recommendations: 1. The triangle bounded by 2nd Street. Bryant and the Embarcadero, including Seawall Lots 329 through 336, should be redeveloped as a mixed-use neighbor- hood, including predominantly residential uses. Preservation of viable economic uses and attractive older buildings' should be encouraged. 2. If the waterfront between China Basin and the Bay Bridge is no longer needed for maritime purposes, mixed-use development should be extended bayward to the area now occupied by the Embarcadero and traffic should be re-routed around the inland triangle designated in "1" above. The -43- proposed-extension of Interstate 280 should be re-routed away from the waterfront, and traffic from off- ramps should be channeled away from the Embarcadero. PIERS 26, 28, 30, 32, 46a and b Permitted Uses on New or Replacement Fill (Subject to Policies) MARITIME PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS COMMERCIAL RECREATION Policy: 1. Replacement fill for Bay-oriented commercial recretion in the area of Piers 26 through 32 and 46a and b should be permitted only if these piers are no longer needed for mari- time use, and only if the existing pier structure cannot be used for new uses. Recommendation: 1. Residential and small-scale office use should be permitted on the existing piers as an extension of the development recom- mended in the adjacent inland area. (Note: Under the McAteer-Petris Act, office and residential uses are not permitted on new fill, including replacement piers. BCDC shoreline jurisdiction, except in priority use areas, is limited to assuring the pro- vision of maximum feasible public access. -44- CHINA BASIN CHINA BASIN and CHANNEL: MARITIME .0 OPUBLIC ACCESS SMALL BOAT DOCKING 48 FACILITIES ok 50 z 54 64 CENTRAL BASIN: MAR I NA PUBLIC RECREATION, OPEN SPACE, CENTRAL BASIN PUBLIC ACCESS 66 MARITIME 70 Special Area Plan Map 10e 0 400 800 1200 Feet 972 Port Priority Area Port Jurisdiction - - - Note: Map for reference only -45- /N See relevant policies and recommendationi - CHM BASIN AM C HINA BASIN CHAML Permitted Uses on New or Replacement rill (Subject to Policies) PUBLIC ACCESS MARITIME SMALL BOAT DOCKING FACILITIES Policies: 1. Continuous public access, consistent with maritime activities, should be pro- Vided around China Basin Channel in accord- ance with the Recreation and Open Space Plan of the City of San Francisco. 2. Limited Day-oriente@a commercial recreation should be permitted along China Basin Channel- provided it is incidental to and dces not @:)ublic access. 3. The area i=ediately east of the Third Street Bridge on the south side of China Basin should be reserved for public access with special- consideration given to provid- ing public view areas. 5. Pier 48 Through India Basin Most of the current maritime activity and proposed maritime expansion of the 1@ort of San Fran'disco is concentrated on the city's southern'waterfront between China Basin and India Basin. Major cargo- handling facilities are under construction in this area and the inland areas, as well, ate dominated by maritime and industrial activities. There is little public access to the Bay along this extensive stretch _46- of the waterfront though the Port has recently dedicated a waterfront park at Central Basin. Significant recreational potential also exists at a number of other sites, including Warm Water Cove, Islais Creek and India Basin. ----------------------------------- PIERS 48, 50, 54,68 and 70 Permitted Uses on New or Replacement Fill (Subject to Policies) MARITIME PUBLIC ACCESS MARINA Recommendations: 1. Existing maritime uses should be continued as long as needed. 2. The public launching ramp located in this area should be retained. CENTRAL BASIN Permitted Uses on New or Replacement Fill (Subject to Policies) PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS MARINA MARITIME Policies: 1. Central Basin should continue to be developed for public access and water- front recreation in accordance with the Recreation and Open Space Plan of the City of San Francisco. 2. When no longer needed for maritime activity, Pier 64 should be developed for park and marina use in accordance -47- 72 PUBLIC RECREATION, OPEN WARM WATER COVE SPACE, PUBLIC ACCESS CO PUBLIC ACCESS CH4A,@,Vet 7 94 se .Spec.ial Area Plan Map 10f "Iko,0 INDIA SASIN 0 400 800 1200 Feet PUBLIC RECREATION OPEN 1. SPACE, PUBLIC ACCESS -MAIM -(some fill may be needed) Part Priority Area 9 Part Jurisdiction MARINA 17"r Note: Map for reference only See relevant policies and recommendations -48- with, but not limited to, the provisions of the Recreation and Open Space Plan of the City of San Francisco. Recommendation: 1. No new development should be permitted at Central Basin that is inconsistent with the above policies. PIERS 72, 80, 94, 96 and 98 Permitted Uses on New or Replacement Fill (Subject to Policies) MARITIME PUBLIC ACCESS Policy: 1. An expanded Pier 72 should project no further south than a direct expansion eastward of the existing shoreline in order not ot infringe on Warm Water Cove. WARM WATER C0VE Permitted Uses on New or Replacement Fill (Subject to Policies) PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS Policies: 1. The recreational potential and water quality of Warm Water Cove should be improved and protected, and no fill should be permitted that would adversely affect existing or potential recreation or water quality. -49- 2. Warm Water Cove should be developed for public access and waterfront recreation in accordance with the Recreation and Open Space Plan of the City of San Francisco. 3. Limited development, preferably Bay- oriented commercial recreation, should be permitted along Warm Water Cove, pro- vided it is incidental to public access and water-related recreation and does not obstruct public access. ISLAIS CREEK WEST OF THIRD STREET Permitted Uses on New or Replacement Fill (Subject to Policies). PUBLIC ACCESS MARITIME Policies: 1. The south side of Islais Creek Channel west of the Third Street, Bridge should be developed for public access and water- front recreation as a public esplanade and viewing area. 2. Limited development, preferably Bay- oriented commercial recreation, should be permitted on the south side of Islais Creek Channel, provided it is incidental to public access and water-related recreation and does not obstruct public access. -50- INDIA BASIN Permitted Uses on New or Replacement Fill (Subject to Policies) PUBLIC RECREATION/OPEN SPACE/PUBLIC ACCESS MARINA Policies: 1. The India Basin area should be developed as a major waterfront park in accordance with the Recreation and Open Space Plan of the City of San Francisco. Some fill may be needed. 2. Limited development, preferably Bay- oriented commercial recreation, should be permitted on the shoreline, provided it, is incidental to public access and water-related recreation and does not obstruct public access. 3. Continuous public access should provided along the west side of future Pier 98, along India Basin, and a public access connection should be provided between the two. -51- ADVISORY COMETTEE ROSTER SAN FRANCISCO BAY CONSERVAT10N DEVELOPMENT COMMISSION 30 Van Ness Avenue, San Francisco 94102 557 - 3686 December, 1 1975 ADVISORY COMMITTEE ROSTER David W.Allen Shiraz Kaderali Belvedere Land Company Land Use Planning Advisor 83 Beach Road Pacific Gas & Electric Company Belvedere, California 94920 77 Beale Street Telephone: (415) 435 - 4525 San Francisco, California 94105 Telephone: (415) 751 - 4211 Mrs. Rose Beatty 826 Carmel Avenue John Lillie President Los Altos, California 94022 Leslie Salt Company Telephone: (415) 328 - 5313 7220 Central Newark, California 94560 Henry Bostwick, Jr. Telephone: (415) 797 - 1820 San Mateo County Development Association 4 West 4th Avenue, Suite 401 Dr. Herbert L-Mason San Mateo, California 94402 1190 Sterline Avenue Telephone: (415) 349 - 1211 Berkeley, California 94708 Telephone: (415) 838 - 2515 Richard M. Boswell 517 Balra Drive Prof. Chester McGuire. El Cerrito, California 94532 Department of City and Regional Telephone: (415) 525 2511 Planning I College of Environmental Design Robert D. Brown, Jr. University of California Project Director Wurster Hall U. S. Geological Survey Berkeley, California 94720 San Francisco Bay Region Study Telephone: (415) 642 - 1937 345 Middlefield Road Menlo Park, California 94025 Philippe Nonet, Associate Professor Telephone (415) 323 - 8111, ext. 2145 Center for the Study of Law and Society University of California Eric E. Duckstad, Director Berkeley, California 94720 Urban and Regional Studies Telephone: (415) 642 - 4036 Stanford Research Institute Menlo Park, California 94025 Ben E. Nutter Telephone: (415) 326 - 6200, ext. 3055 Executive Director Port of Oakland Mrs. Ward Duffy, Chairman 66 Jack London Square 1097 Green Street Oakland, California 94607 San Francisco, California 94133 Telephone: (415) 444 - 3188 Telephone: (415) 776 4005 Burton Rockwell, AIA Dale H. Fearn 1 Belmont Avenue Chief of Planning San Francisco, California 94117 San Francisco International Airport Telephone: (415) 392 - 3357 San Francisco, California 94128 Telephone: (415) 876 - 2155 Toby Rosenblatt 3409 Pacific Avenue Mrs. Esther Gulick San Francisco, California 94118 490 Grizzly Peek Boule vard Telephone: (415) 921 - 2416 Berkeley,.California 94708 Telephone: (415) 526 - 2955 Richard Trudeau General Manager John S. Farnett, General Manager East Bay Regional Park District East Bay Municipal Utility District 11500 Skyline Boulevard 2130 Adeline Street Oakland, California 911619 Oakland, California 94623 Telephone: (415) 531 9300 Telephone: (415) 835 - 3000 Ralph Jones Laniscape Architect 166 Santa Clara Avenue Oakland, California 94610 Telephone: (415) 655 - 3774 BCDC PRIORITY PLANNING WORK ITEMS SAN FRANCISCO BAY CONSERVATION AND DEVELO@MENT COMMISSION 30 Van Ness Avenue, San Francisco 94102 557-3686 January 8, 1975 TO: All.* Commissioners, Alternates and Interested Citizens FROM: Stan"'E*uston, Chief Planner SUBJECT: BCDC PRIORITY PLANNING WORK ITEMS., AS APPROVED BY THE COMMISSION., NOVEMBER 7, 1974 As an outgrowth of the Bay Plan Evaluation project, the Commission approved on November.7,. 1974 the,'following-priority planning work.items, which will be pursued during the ne:@@t year and beyond. These i'tems reflect legislative mandates,,cooperative planning being undertaken with .,other agencies, as well as immediate issues faced by the Commission. The topics are listed roughly in order of their immediacy, thoug h work will be carried on simultaneously on many, if not 'most of them. As staff and consultant work is completed, reports will be issued for public review. Status reports and public hearings before the Commission will also be held on all studies at appropriate times. Public cffnTnents on all phases of the planning program are encouraged. PRIORITY PLANNING WORK ITEMS (Adopted by Commission November 7, 1974) 1. Short-term Planning items of Immediate Concern a. The San Francisco Waterfront Sbecial Area Plan The San Francisco Waterfront Advisory Committee, created by the Commission to assist in resolving C3 .. the existing problems on the San Francisco water- front, is just completing a plan that it will ..recommend to the Commission, and the staff is preparing the necessary (@nvironmental impact report. Public hearings before the Commission on both are tentatively scheduled for January. Final action on the plan by BCDC is tentatively scheduled for March, 1975. b. Historic Ships Any vessel moored in the Bay for;an extended period of time is considered "fill" fander the McAteer-Petris Act and requires a BCDC permit. And since 1969,, several proposals have been submitted to the staff to moor old ships or boats, usually with some historical relationship to the Bay, at various locations. In some cases, the vessels were simply to be put on display, while in others@ the interior was to be used for commercial recreation (e.g ., restaurants or hotels). In general, mooring these vessers on privately-owned land in the Bay is consistent with the McAteer-Petris Act and the Bay Plan. However, the situation is not nearly so clear on 2@@ @icly@-owned land. Yet most of the pro- posals submitted to date have involved sites on publicly-owned land, e.g., along the San Francisco and Oakland waterfronts. The arg"ument usually advanced in favor of these proposals is that the Commission should encourage the p servation of-vessels of genuine.-historLcal interest re to the Bay Area by permitting them to be put to some economic use. But even if that argument is accepted, there are additional questions. Some o:@ thet'more important are defining the standards for, judging a ship's historic value; whether there should be `P, distinction between vessels displayed solely for historical purposes, even if an admission is@ charged, and those used for other kinds of commercial recreati-on; and how many and-what size vessels should be allowed J_n any one location--for example, would commercial use of a vessel the size of the.Queen Mary be desirable anywhere in the Bay? -2- Because the question of historic ships is one that is likely to arise fairly soon in the context of the permit process, the staff believes a short-term study would be desirable to establish more specific standards than now exist. c. Deteriorated Piers Deteriorated piers exist at several locations along the Bay shoreline, particularly in the Oakland Estuary and on the San Francisco waterfront. To encourage their removal,, Amendment #1-71 to the Bay Plan allows up to 50% of the area covered by an old pier to bereplaced with fill for Bay-oriented commercial recreation and Bay- oriented public assembly. However, in order to prevent piece-meal and haphazard development of important shore- line areas, Amendment #1-71 also requires that the removal and replacement be part of a single project and be con- sistent with a special area plan approved by the Commission. Both the Port of Oakland and the Port of San Francisco have suggested that the fulfillment of these latter requirements can be a time-consuming process and claim that the require- ments in fact deter the prompt removal of old piers. They have recommended that some form of "credit" be given for removal of deteriorated piers which could be used later in projects involving replacement fill. The staff believes a short-term study of this problem is desirable to see if credit can be given without encouraging the haphazard and piece "meal development Amendment #1-71 was designed to prevent. 2. The Suisun Marsh The majority of the managed wetlands in the Bay system are located in the Suisun Marsh, and both plan evaluation and comments at the public forums emphasized the importance of protecting existing uses in this critical area. Perhaps most significantly, however, during the last session the State Legislature passed the Nejedly-Bagley-Z'berg Suisun Marsh Preservation Act of 1974. it requires BCDC and the Department of Fish and Game to develop a plan for the preservation of Suisun Marsh and a surrounding buffer zone for presentation to the Legislature by December 1, 1976. This deadline, together with the Legislature's passage of the bill as an urgency measure, requires that,the Commission begin work immediately. The Act carries its own appropriation of $95,000 to BCDC. 3. Permit Coordination Study Senate Bill 2418, effective January 1, 1975, establishes a temporary procedure for coordination through the Resources Agency of dredging applica- tions to state agencies through July 1, 1976. (Only applications for BCDC administrative permits are included within the scope of the bill.) -3- Responsibility for the coordination has been delegated to BCDC. Furthermore, based on the experience gained, and other studies, BCDC will also prepare a report to the Legislature on recommendations for future streamlined processing of permit applications. The report is due by February 1, 1976, and the p Commission will be involved in review of staff reports and recommendations as the study progresses. The bill carries its own appropriation, and necessary funds to complete the@study will be provided through an inter-agency agreement with the Resources Agency. 4. Regional Port Planning The-staff believes that regional port planning should have high priority.. The, Bay Plan calls for future port planning and development,to be guided by an overall regional port development plan, and this need has been reinforced by permit bpplications for port-related fill since completion of the Plan. In the absence of a regional port development plan, the Commission judges the individual applications for port-related fill under the McAteer- Petris Act and the Bay Plan. Both the law and the Plan, however, contain only general guidelines on port development, and more specific port planning would make it easier for the Commission to avoid authorizing duplicate facilities, which could require unnecessary Bay fill. Furthermore, the Commission has already indicated its desire to see such planning begin. In 1972, the Executive Director was authorized to advise the major Bay Area ports that nearly four years had passed since completion of the Bay Plan, and that early preparation of the port plan called for in the Bay Plan was desirable. Moreover, pursuant to new responsibilitiies for seaport planning given it by the Legislature, the Metropolitan Transportation Commission (MTC) has begun a regional port planning effort. Two BCDC Commissioners are on thepolicy committee for the study, and the staff has been involved in the technical aspects for some time. The staff believes that the Commission's participation in this planning is essential to ensure that it: (1) reflects the determination by the Legislature through passage of the McAteer-Petris Act that the Bay is an estuarine resource of state-wide importance; (2) considers port development questions from a state-wide, as well as a regional, perspec- tive; and (3) is sufficiently specific to meet the Commission's needs in- evaluatina- individual permit applications. When complete, the regional port development plan could lead to revision of Bay Plan policies on ports. The present policies call for major expansion at Benicia, Redwood City and Richmond; redevelopment at Alameda, Oakland and San Francisco; and possible shallow draft terminals near Napa, Petaluma and San. Jose. The Plan also calls for const.ruction of the John F. Baldwin Ship Channel, development of a possible su@)e:,.-tanker terminal in the Central Bay as an alternative to constructing and.,-,,maintaining- even deeper channels to North Bay refineries,' and the d-redging of the ship channel th-rough the Golden Gate to 70 feet. There are now questions about some of these policies, and a regional port development".plan should help determine whicn. should remain and which should be modified. -4- A major factor in the planning will be the economics of future port activity in the Bay, but because of the intensely competitive nature of port operation, the staff believes that the Commission should be able to evaluate all port-related economic information independently. The needed expertise is not available on the staff, and the staff is therefore recommending that a request for $20,,000 for economic consulting assistance be approved. The staff also believes that the potential size of proposed port- related fills requires that the Commission pay particular attention to their potential harmful effects on the Bay. Therefore, the staff is also recommending that the Commission approve a request for $7,000 for necessary consultant assistance on environmental and ecological questions.. 5. Regional Airport Planning As with ports, regional airport planning should have a high priority in the Commission's planning program. Though a water-oriented use, fill for airports can only be allowed if there is no feasible alternative, a determination that can be made only after careful study of regional needs. One such study has been completed by the Regional Airports System Study Committee in 1972 under the auspices of the Association of Day Area Governments., with BCDC participating on an ex-officio basis. However, the Commission formally stated its reservations about the study's conclusions on the ground that alternatives to airport fill were not adequately considered. Recent legislation requires comprehensive regional transportation plans, including an airport element. A joint ABAG-IMTC committee is in the process of updating the 1972 Regional Airport Systems Study, and BCDC will participate in this study through membership on the policy committee. The staff believes that Commission participation is essential to ensure that alternatives to further airport fill are exhaustively explored. The staff also believes that, as with port-related fill, the potential size of pro- posed airport fills requires that particular attention be given to their potentialharmful effects on the Bay. For these reasons, the staff is recommending that, in addition to giving airport planning a high priority, the Commission approve a request of $3,000 for consultant assistance on ecological questions. 6. Water-Related Industry In order,to reduce pressure for further Bay fill to create sites for industries needing a waterfront location, the Bay Plan now reserves over 18,000 acres of Bay shoreline for water-related industry over the next fifty years. However, both the evaluation and experience with the Plan to date indicate there are a number of issues relating t,0 the water-related industrial designations that should have a high priority in the Commission's planning work program: a. The suitability of specific parcels for water-related industiry In at least two cases, the priority use area is extremely close to areas since determined to be unusually important -5- wildlife habitats. In other cases, for various reasons it is not unlikely that the designated sites will be developed for water-related industry. But changes should not be made piece- meal. To assure that there are sufficient sites for water-related industry in the future with a minimum of Bay fill, any changes should be evaluated in the context of future regional industrial needs. b. Defining more precisely the industries that should have a waterfront location Because of the limited amount of Bay*frontage available in the industrial priority use areas, it is important that only industries that actually need a waterfront location be per- mitted to locate there. The--Plan, however, offers only a general definition of water-related industry, and the staff believes that more specificity is needed to ensure that the highest and best use is made of the priority use areas. c. The problem of "inter im uses" in the industrial -or-iority use areas The Plan recognizes that not all of the designated sites are needed immediately and that some.interim uses should be allowed. But there are no standards to guide the Commission in determining when interim uses s@_,ould be Dermitted, or what 'those uses should be. The staff believes that this issue needs to be addressed in the Commission's planning, and standards developed, before decisions have to be made on individual permit applications. d. The enforceability of the industrial priority use designations CD The designations on the Plan usually include areas beyond the first 100 feet of the shoreline, which is the limit of the Commission's shoreline band jurisdiction, and during the evaluation comments on the industrial designations emphasized the importance of the Commission being able to ensure that sites designated are used for the purposes intended. The staff believes that these questions should be given.further consideration. Much of the expertise necessary to do sois available at the staff level; however, some. of the economic questions'. particularly those.relating to@a:more%precise definition of-tte industries that should have a high priority for waterfront locations, will require outside consulting assistance. The staff recommends Commission approval of,:a request,for $20,000 for this purpose. 7. Marshes Locat-ed at the margins of the Bay, Bay marshlands have long be'en susceptible to pressure for fill. Indeed, since 1850, marshland around the Bay has shrunk from 313 square miles to 127 square miles, a reduction of -6- over 60%. Preservation of what remains is increasingly important to the Bay, and comments during the evaluation indicated that since completion of the Plan, more precise scientific information had been developed establishing the critical roles of Bay marshe.s. The staff believes that the findings and policies of the Plan should be revised to reflect this new information. Moreover, this information would also help in evaluating possible proposals for port and airport fill. Some consultant assistance will be needed to assist in collecting and interpreting this information. The staff recommends that the Commission approve a request for $10,000 to be spent for this purpose. 8. Water-Related Recreation and Public Acdess The Bay Plan also reserves substantial'areas of the shoreline for priority use for water-related recreation, e.g. I waterfront parks, beaches, and marinas. The staff believes these need to be reviewed in light of current circumstances. These designations were based to a large extent on then current plans of local governments for parkland acquisition and the total future needs of Bay Area residents. However, local plans have in some instances changed, and the@priority use designation is difficult to carry out without lo-cal commitment to acquisition. one example of the difficulties created when a local jurisdiction changes its mind about park acquisition are those involved in the current proposal by the City of South San Francisco for a change in the park priority area at Oyster Point. Furthermore, the park designation system itsblf may not be sufficiently effective in providing needed recreational areas on the Bay shoreline and, if not, alternatives need to be explored. Both existing and future public access to the Bay should be considered together with planning for water-related recreation. Because public access can be required only on a permit-by-permit basis, the location of public access areas has not been fully coordinated with planning for waterfront recreational areas. Nor has much attention been given to linking public access areas. The staff believes that more.precise planning for public access would lead to: (a) a better integrated system for public use of the shoreline; (b) a greater willingness by local government to assume responsibility for public access areas obtained by the Commission; and (c) a stronger legal basis on which to rest required dedications for public access as a condition of permits. 9. The Salt Ponds Two recent events have highlighted the possible need for Commission- consideration.of the future.of thesalt ponds. This year.the Leslie Salt Company, closed its'Redwood City plant and declared about 2,200 acres of adjacent salt ponds surplus for salt-making purposes ,. More recently, the Trust for Public Lands, a non-profit corporation spe6ializing in land acquisition for public use, has obtained an option from Leslie that would allow the "non-salt-making" rights on most of the Leslie ponds to be transferred into public ownership. However, the option does -not include the Redwood City property. It is also contingent on "appropriate action" by BCDC "to authorize Leslie's plans for future salt- making operations at its Newark Plant and in connection with operations uhder its retained salt making rights" and "to clarify Leslie's ability to make substantial changes in use, including construction of improve- ments, on Leslie's retained parcels at Baumberg, inland of Coyote Hills, and Redwood City." Leslie has not ., yet made spe ci,fic, proposals f or any of the retained parcels including the Redwood"City ponds. Consequently, the staff has not determined the extent to which the future of the salt ponds should have a high priority in the Commission's planning. However, the staff belidves that any consideration of either the Redwood City ponds or the Trust for Public Lands option should take place in.the context of the future of all of Leslie's holdings in the Bay. This would probably require the Commission to either undertake, or participate in, relatively detailed planning for the salt ponds, a-rid if so, the Commission would have to request additional funds for this n=ose. BCDC TENTATIVE PROPOSALS FOR USE OF SECTION 3o6 mms Part IV: Program Narrative I. Plan Updating., As part of its ccntinuing management -program, BCDC plans tC undertake an updating of the San Francisco Bay Plan.- As part oC this effort,, several tasks have been determined by the Co-mission to be priority work items, on which the Commission and iil be working during the.next year. staff.i. While BCDC anticipates receiving some money out of the-State General Fund for this work., additional funds would permit greater breadth and depth of study. Further-. more,,, certain items in the priority -program have not been funded by the State, and it is, doubtful.if they can be carried out in the absence bf a 306 grant. "3o6l, funds, and Below are described the planning.items mroposed for FY 1975 a statement of the benefits. &to be received from the grant expenditures.: A. BCDC and the State Coastal Commission: Analysis of issues relevant to a unified State coastal@management 'program. (1)@ Need for Project.. The Coastal Commission and BCDC recognize the need for an integrated coastal management program for California. This will probably be explicitly stated in the Coast.Plan., along with a recom- -for a joint study to determine the best way to integrate the mendation U two programs after the Coastal Commissi6n is permanently established. While no final conclusions are possible until: after the 1976 s ession of the legislature, it would be debirable to begin developing altern- ative approaches to integration as soon as possible. Furthermore, preparation of the Coast Plan has'gen-erated considerable information, particularly in the energy field-, that shculd be evaluated in terms of its implications for San Francisco Bay. Revision of the Bay Plan -on-the basis of this information in itself would be a major step toward a single, overall program. (2) Method of Accomplishm4nt. The analysis@ of the future integration of BCDC and th4i Coastal Commission would be done jointly by BCD`C and the State Coastal Commission. The evaluation of the Coast Plan and back- ground material would be done by BCDC. The project would cover at least two fiscal years. W-Benefits of. I@roject@i Both aspects of the projectwould lead to a more integrated coastal management program for California,. B. Watei-Related Industry., (1)@ Need for.Project.. The Bay Plan defines water-relatdd industry as- thosie industries that ship or receive by water. The Plan.also desiemates certain shoreline parcels for,priority use by water-related. industry, and these are reserved for the BCDC that pdrpose through permit process. However, because the data used in the Bay Plan to project water-related industrial space needs are in some cases 15 years old, (and pre-dated the energy crisis) there is need to update ko -re the Bay Plan and"o -eptimate industrial needs. -2- There is also a need to look more closely-at the criteria for determining whichIndustries need waterfront locations, what public costs and benefits accrue from various industrial iises on the shore, line. A.more precisely.drawn definition of water-related industry' would aim at reserving,shoreline for those industries yielding the most.public benefits from a-waterfront location. A related issue, needing attention:is establishing the conditions under which interim uses to locate in vater-related'industrial priority areas, some of 'which will not be needed*for many years. (2) 'Method of Accomr1ishment. This study wouldbe undertaken by the staff with-consultant assistance. (3):- Benefits bf Project. Informatioii on waterfront industrial needs ftuld@be updated, and a more precise basis established for determining thelbest allocation of Bay shoreline to water-related industry. CO Regional Port Planning, (1), Need-for Project. Bay ar.ea-ports.have traditionally.competed with one anotberfor cargo. This can result in'new 'port facilities being built by a-port that can command the necessary financing., even though another site might serve regional needs equally well with less Bay fill. The@Bay Plan port policies and shoreline designations need ..to be updated to.assure they are.current with.trends in the maritime industry and provide for necessary facilities with the,avoidance of unnecessary Bay fill. The Metropolitan Treaisportation Commission has also been given responsibility for major aspecta of regional ports planning, primarily the lahd-based links. A regional seaport policy committee has been MTC, and this established group is in the.beginning stages of port planning. Because BCDCs and.MTC's port planning responsibilities are complementary, BCDC needs to be able to participate effectively,. in the MTC planning, whichwill-include analysis of port*capacity to handle cargo, and impact of various alternatives. @2) Method of,Accom-olishment. The BCDC intends to work with MTC in developingthe regional port plan, and to use.the MTC Seaport Policy Committee wherever possible. Benefits of Project. Thd.@deveilopment of'a regional port plan.addressing both priority and timing. of development among the various ports in the. region@would be signif icant and would have implications for coastal zone management in -other regions. Such a plan would also help ration- alize port-investment and would assure that port expansion does not. require. =necessary.- Bay. fill and does not create other adverse impacts that, could: be avoided. [email protected]@Public Access.:and Recreation Areas. Measurin'[, their effectiveness and guidelines for future planning. (1) Need for Project. The Bay Plan identifies a number of shoreline areas as "park priority." -3- These designations are based largely on local.plans current in 1968- 11, to 69. - The Plan also contains general policies about public acces,14 the Bay, and these policies are implemented through the permit procedure, in which public access is usually required as a condition of the perMit. In updating and reassessing the park designations and the public access policies, there is need to gauge the degree of use and the effectiveness in meeting public needs of both park and access areas now.in existence. The results'will be used to set more definitive guidelines for the location and development of future shoreline public access and recreation areas. (2). Method of Acco=lishment. This study Would be done by the staff with consultant assistance. (3) Benefits of Project. Future planning for public access and recreation areas would be based more clearly on, public desires. E. Marshes: DetalledMapping and Description. (1) Need'for Project.. The Bay Plan gives high importance to -protection to marshes, based.on earlier marsh studies. However, new information- on the value of marshes has since been developed, which establishes more clearly the importance of mars:hland to the Bay and this should be incorporated into the Bay Plan. Therq@ is also need to map and describe both existing and restorable mar'shes in more detail than was possible during Bay Plan preparation. Both these efforts. will- lead to refinement in the Bay Plan.marsh policies'and the Bay Plan maps. (2) 'Method of Accorrmlishment. The Commi .ssion.will contract with univer- sity specialists in the field of marsh ecology. The project Will be coordinated with an inter-disciplinary, inter-agency task force an,changes resulting.. now studying.San:. Francisco Bay marshes. . Any Bay PL from the project would be approved by the Commission. (3) Benef-its, of Project.' The Bay P1 an wi U be refined and strengthened on the basis of new and more refined data on marshes. F. Salt Ponds: EcologicalValues. (1) Need for_Project:. Under.th'e Bay Plan and the McAteer-Petris Act BCDC is, responsible for.. protecting the publio interest in nearly 40,000 acres of privately-owned salt ponds rimming the south and north Bay. Toaid the Commisgion in carrying out this responsibility, it: would be desirable to have-additiondl and more pTecise@information on the role of salt ond surface area in relation to Bay micro"climates @p and on the bioloIRCical importance of salt ponds for wildlife habitat and feeding.' Method--of.Accomplishment.: It is anticipated that university consult- ants will be obtained to undertake short@-term, specific studies. to quantify, where possible, climatological and biological values of salt ponds. -4- Benefits of Project.. The Commission will be provided with more detailed information on the public values of salt ponds and thi S., in turn, may be the basis for a re-evaluation of the salt pond policies found in the Bay Plan. G. Special Area Planning. (1) Need for Project. BCDC regulations establish procedures for adopting "Speci6.1 Area'Plnns." These plans are intended to be developed in cooperation with local governments and promise to be an important part of the Bay Plan policies. The Commission has just recently adopted the first such plan, which covers the San Francisco-waterfront. This planning process has brought together previously conflicting interests afid has. resulted in a det 'ailed shoreline plan.. The success of this effort has focused attention on a number of:other shoreline areas (e.g., San Mateo-Redwood City area, Oakland.Estuary, Richardson Bay) where detailed shoreline planning could help in meshing,local and BCDC regional goals.- The detailed nature of this type of planning,' however, requires intensive work by bothIlocal and BCDC staff and requires a well-planned citizen participation program-. (2) Method'of Accomplishment. BCDC would enter into either formal or informal agreements'with local agencies to undertake joint, detailed ing for specific shoreline areas. T'he--resulting' Special Area plannL Plan.6 would be adopted by both the local goverfiments involved and by BCDC. The program of Special Area Planning would be a contin J uing, effort., Benefits of Project. The regionalinterest in the shoreline would be given case-by-case.interpretation, bas-ed on the general Bay Plan policies. At the same time,, local governments would be full participa@nts@ 'in shoreline planning,.azd property. owners would be@ given predictability in determining the use and design restrictions on their land. H. Debris Disposal Planning. (1) Need for Project.. The evaluation of.the Bay Planbrought'to light the potential adverse effects.on the Bay of.debris di-sposal in the aftermath of a large,disaster,,particularly.,:earthquakes., which are an ever-present danger in California. 'Emergency situations may create pressure to:override currentYederal and State laws which control @disposal. A c 'ehensive identific land -bas ed ompr ation of'feasible disposal sites is needed, both to. ensurethat emergency disposal does not adversely affect the Bay, and to identify the areas where. disposal is both feasible and.,does minimum environmental damage. .(2) Method of Accom-nlishment. The study would be undertaken jointly with AEAG, the agency responsible for regional- land use planning. The study would involve analysis of potential land-based disposal sites, and would identify those that- should be reserved for emergency disposal. -5- Ii. Enforcement... A major element in any on-going management program is ensuring that it is adhered to. Where the primary means of carrying out the program is through-a permit. system like BCDC's, this means making certain that pei-mits are obtained where required and that those permits issued, some of which contain extensive conditions, designed to@minimize the adverse impacts of projects, are complied with. Up to this point, however, the Commission has,not had the enforcement. staff -necessary to perform these functions systematically, even though the .State Legislature granted the.Commission additional enforcement p-wers in 1972. A portion of the -pro-posed grant would therefore be used to give the Commission thi.s.capability. Specifically, a fuli-time lawyer and a full-time inspector would be hired and sufficient. additional funds allocated to support their. activities. APPENDIX V Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Lands Commission Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the California Department of Transportation Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the Bay Area Air Polliition Control District Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the Sta@te Water Resources Control Board and the California Regional Water Qaality Control-Board, San Francisco Bay Region MOISOMMOD S= alVIS alll CIMV MOISSIMM MENWISATI GKv NIC 1: jl@AH D, Cl N1) TWCT nl-,Cl-rnhTWUi T @MT MIT kT r kA',rr.Trr XN T /T&"@TnI-frRTn T T.-Q 1.1, IJ, 11 j R I @@nT^T A- .rL. e-LU @WL.LUOLVLIJOCILW@U\LU Ou ll'Ul '%LVau.V -MMORANDUM. OF UNDERSTANDING EETWEEN THE SAN FRANCISCO.BAY CONSERVATION AM DEVELOPMENT COMMISSION AND THE -,-STATE. LANDS COMMISSION WHEREAS, under the provisions of the McAteer-Petris Act., the 'San Francisco Bay Conservation and Development Commission (hereinafter "BCDC") is,,charged with the management of San Francisco Bay and its adjacent shorelands, and in particular ','with Preparation, implementation,, enforcement, and periodic review of the San Francisco Bay:Plan; and WHEREAS, BCDC has. submitted its management program for San Francisco Bay -.to the Secretary of Commerce for approval as a segment of the California coastal zone.management,program under Section 306 of the Federal Coastal Zone Management Act of 19@72; and WHEREAS, if the BCDC management program for San Francisco Bay is approved 'by the Secretary of Commerce, BCDC will be the State agency responsible under the Federal Act for the management of that segment of the California coastal, ...-zone comprising San Francisco Bay and its adjacent shorelands (the area of -existing BCDC permit jurisdiction); and, WHEREAS., the BCDC segment of the California coastal zone extends to certain tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams that may also be within the jurisdiction of the State Lands.Commission under Section 6216 of the Public Resources Code, which is more commonly known as the State Lands Act of 1938 (Public Resources Code, Sections 6100 et seq.); and WHEREAS, by enactment of the State Lands Act of 1938, the State Legislature has vested in the State Lands Commission the power to manage and control all -2- ungranted tidelands owned by the State and.all tidelands granted by the.-State in vhich.tidelands the State has retained or.acquired any interest; and. WHEREAS, by enactment of the McAteer-Petris Act, the State Legislature has expressed its intent that BCDC sh6ll,protect the public interest in the beneficial use of San Francisco Bay for@a variety of purposes in recognition. -of the public-interest in the Bay as the most valuable single natural resource of an entire region, and by enactment-of the.State Lands Act.of 1938, has further expressed its intent that the lands owned,by the State, including tidelands,, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams shall be managed.and,controlled by the State Lands Commission for the benefit of the public; and WHEREAS, the State Lands Commission has played, and will continue to play, a primary role in the BCDC management.program for San Francisco Bay; THEREFORE, BCDC and the'State.Lands,Commission agree as follows: 1. TheState Lands Commission recognizes andacknowledges the BCDC management program for San Francisco Bay as the State management program for the BCDC segment of the California coastal zone (the area of existing BCDC permit jurisdiction). In carrying out its responsibilitie's under State law.,the State LandsTommission will comply with the BCDC management program to the maximum extent feasible. 2. BCDC will forward to the State Lands Commission for'review and comment complete copies of all applications for major permits requiring public hearings under BCDC Regulations. BCDC will also forward to the State.Lands Commission for review and comment each list of applications for administrative permits compiled pursuant to Section 10542 of the BCDC,-Regulations,, including all material submitted by the applicants for administrative permits'relating to title to the property involved. BCDC will not grant or deny any permit application until comments thereon have been received from the State Lands -Commission unless BCDC's.failure to,do so would@result in the permit automatically 40 being granted under the provisions-of Section 66632(f) of the Government Code. The State Lands Commission will make every effort to submit its comments to BCDC in a timely fashion--21 days from date of mailing in the case of a major permit -application and 10 days.from. date of mailing of the administrative permit list. 3. Except where questions of the extent ofZtate ownership exist, the.. State Lands Commission,will not grant or execute any lease, permit, or other entitlement to use of any land within the jurisdiction of both the State Lands Commission and BCDC until a BCDC permit authorizing such use has been obtained, if a BCDC permit is required. 4. In those cases where the State Lands Commission advises BCDC that the State may have an interest in property such that the permit applicant may not have such valid title to theproperty in question that he may fill it in the manner and for the iises to be an'rox.red, BCDC [email protected] request the State L-an-As Y Commission to determine the extent of the State's interest in the property, and under the authority of Government Code Section 66605(g), will not grant a permit for such filling until the title question has been resolved. When requested to do so by BCDC, the State Lands Commission will act diligently to resolve outstanding questions of the extent of State ownership in any property involved in a BCDC permit application. 5. BCDC and the State Lands Commission will continue to work closely togeth6r and cooperate in all other matters of joint interest within the BCbC segment of the California coastal zone. STATE LANDS COMMISSION Executed on 1-976. By: WILLIAM F. NORTBROP Executive officer SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT CO MMI SSION Executed on 1976. By: cmnrs IT. RoBERT9 ..Executive Director MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING BETWEEN THE -ZAN FRANCISCO'BAY CONSERVATION AND DEVELORENT COMMISSION AND THE -CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS., under the provisions of the@McAteer-Petris Act, the San Francisco 'Bay Conservation and Development Commission (tiereinafter "BCDC") is charged with the management of San Francisco Bay and its a.djacent,shorelands,,,and in particular with preparation, implementation,, enforcement and periodic review of the San Francisco Bay Plan; and ..:'WHEREAS, BCDC has submitted its management, program for San Francisco Bay to the Secretary of Commerce for approval under Section 306 of the Federal Coastal Zone Management Act of 1972 as asegment of the California coastal zone management program; and WHEREAS.@ if the BCDC management program for San Francisco Bay is approved. by the Secretary of Commerce, BCDC will be the State agency responsible under the Federal.Act for management,of that segment of the California coastal zone comprising San Francis.co Bay and its adjacent shorelands (the areas of existing BCDC permit jurisdiction); and WHEREAS., the Califor nia Department of Transportation (hereinafter."CalTransit) is responsible for State-wide planning, funding', construction,,operation and main- tenance of various transportation facilities, including streets and highways, bridges., mass trans*it., and airports; and WHEREAS, San Francisco Bay is an important transportation route and airports and bridges are wa.ter-oriented uses under the McAteer-Petris Act (the BCDC law); and WHEREAS, transportation planning,and the location of land transportation routes have a.significant impact on the BCDC segment of the coastal zone; THERE-FORE, BCDC and CalTrans agree as follows: I. For purposes of the Coastal Zone Management Act of 1972, CalTrans recognizes-the BCDC management program for San.Francisco Bay as the State management program for the BCDC segment of the California coastal zone, and in carrying out its responsibilities under State law., CalTrans will comply with the BCDC management progran to t@e@maximum feasible extent. -2.. CalTrans will consult with BCDC on.all CalTrans projects,either in or significantly affecting the BCDC @segment of the coastal zone, including but not limited to the fol I-owing: (a) Construction,, reconstruction, and maintenance of highways, bridges other transportation routes or faailities either within BCDC permit juris- diction or significantly affecting areas within BCDCs permit jurisdiction, .(b) Preparation and implementation of the California Transportation Plan insofar as it affects the BCDC segment of the coastal;zone. (c) Preparation-and implementation of the Regional Transportation Plan by the Metropolitan Transportation Commission, CalTrans will continue to play a primary role in BCDC planning for the Bay and in the implementation of th6,BCDC management program by reviewing and cementing on all BCDC reports or other material related to Bay planning or management,-@afidadealing with, or reltLted to.,transportation matters., prior to such,material being presented to the BCDC members for consideration. Executed on 1976. California Department of Transportation By:: Adriana,Gianturco Director of Transportation Executed on. 1976. San Francisco Bay Conservation and. Development Commission By: Charles R. Roberts MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE BAY AREA AIR POLLUTION CONTROL DISTRICT NEMORANDUM OF UNDERSTANDING BETWEEN THE JM FRANCISMRAY CONSERVATION AND DEVELORENTCOMMISSION AND THE -BAY AFEA AIR POLLUTION CONTROL DISTRICT WHEREAS.I:under the provisions of the McAteer-Petris Act, the San Francisco Bay Conservation and Development Commission (hereinafter "BCDC") is, charged with the management of San Francisco Bay.and its adjacent shorelands, and particular with preparation, implementation,.enforcemen,t., and periodic review of the San Francisco Bay Plan;.and WHEREAS@ BCDC has submitted its management program for San Francisco Bay to t,he Secretary of Commercelfor approval under Section 306 of the Federal Coastal Zone Management Act of 1972 as a segment of the California'coastal zone management.progr&m; and WHEREAS@, if the BCDC management program for San-Fran cisco'Bay is approved by the Secretary of Commerce, BCDC will be the State agency responsible under the Federal Act for management of that segment of the California coastal zone comprising-San Francisco Bay and its.adjacent shorelands (the area of existing BCDC permi jurisdiction); and WHEREAS, the San.Francisco Bay Plan Findings and Policies on Smog and Weather (page 10) point out the importance of the Bay in determining the.climate of the.Bay Area and in reducing smog; and VHEREAS,.the Bay Area Air Pollution Control District (hereinafter "the District"i is charged with the regulation of emissions of air pollutants caused by stationary sources, in order to achieve and maintain certain air quality standards,for the nine counties in the Bay Area;..and WHEREAS, the District is empowered as a regulatory agency to issue or deny permits authorizing construction and operation of facilities related to the -2- -creation.or -emission-of certain pollutants affecting air.quality, in accordance ..with the regulations of the District; and WHEREAS., BCDC and the District undertake, from timeto time, separate review of permit applications for projects-located within the geographic jurisdiction.of both BCDC and the.District; and WHEREAS) the Coastal Zone Management Act mandates that the requirements established by the District pursuant to the Federal Clean Air Act., as amended,- be incorporated into the BCDC management program; and WHEREAS, air quality in the BCDC segment of the California coastal zone is of mutual concernto both BCDC and the District; THEREFORE, BCDC and the District agree as follows: 1. For purposes of the Federal Coastal Zone Management.Act of 1972, the District recognizes the BCDC management program as the State management program the BQQ, segment of the California coastal zone,which comDrises San Francisco Bay and its adjacent shorelands (the area of existing BCDC permit jurisdiction)., andwill comply with, and will exercise its regulatory authority to aid in carrying out, the BCDC management program to the.maximum feasible extent. 2. As required by Section 307(f) of the Coastal Zone Management Act., BCDC will incorporate into its management program for San Francisco Bay the requirements established by the District pursuant to the Federal Clean Air Act of 1972, as amended. 3. In carrying out its management program for the Bay, BCDC will, to the maximunrfeasible extent., exercise, its powers and responsibilities under the McAteer- Petris Act to further the air quality objectives of the District,ingludin .g requesting the comments of.the District on applications for BCDC permits, or on environmental impact reports for which BCDC is responsible, relating to project:s or activities that may have a substantial impact on.air quality in the@BCDC segment of the California coastal zone. The District will provide BCDC with its comments in a timely fashion,' and where appropriate,, will work jointly with BCDC on the preparation -3- -of any document, or element of a document, relating to the projected air quality impact of any project or program pending before BCDC. 4. The District will advise BCDC of the filing of applications for permits or variances from the District prior taking final action on such permits or variances. BCDC will provide the District with comments on the consistency of the proposed permit or variance with the BCDC, management program for the Bay. In acting on such permits or variances, the District will give full consideration to all comments received from BCDC. 5. The District will advise BCDC of any proposed changes in District regulations and provide BCDC with an opportunity to comment on such changes in relation to the BCDC management program. In acting on such changes, the District will give full consideration to all comments received from BCDC. 6. BCDC and the District will coordinate and cooperate on any further planning and programming undertaken or participated in by the District to maintain Bay Area air quality and to achieve the goals of the Federal Clean Air Act, as amended, to ensure that such planning and. programmin and the BCDC management progran are consistent. Executed on , 1976. Bay Area Air Pollution Control District By: J. C. Callahan Air Pollution Control Officer Executed on , 1976. San Francisco Bay Conservation and Development Commission BY: Charles R. Roberts Executive Director MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE STATE WATER RESOURCES CONTROL BOARD AND THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD,, SAN FRANCISCO RAY REGION NEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEIVEL ORENT COMMISSION. AND THE STATE WATER RESOURCES CONTROL BOARD AND THE, CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD.,, SAN FRANCISCO BAY REGION WHEREAS, under the,provisions of the McAteer-Petris Act, :the San Francisco Bay Conservation anaDevelopment Commission (hereinafter "BCDC") is charged with the management of San Francisco Bay and its adjacent shorelands., and in particu- lar.' -with preparation., implementation, enforcement., and periodic review of the San Francisco Bay Plan; and WHEREAS, BCDC has submitted its management program for San Francisco Bay to the Secretary of Commerce for approval under Section 306 of the Federal Coastal Zone Management Actof 1972. as a, segment of the Ca.11-forniA. coastal zone management program; and WHEREAS., if the BCDC management program for San Francisco Bay is approved by the Secretary of Commerce., BCDC 'will be the State agency responsible under. the Federal Act for management of that segment of the California coastal zone comprising San Francisco Bay and its adjacent shorelarias (the area of existing BCDC permit jurisdiction); and WHEREAS, under the Porter-Cologne Water Quality Control Act, the State Waterl@esources Control Board:(hereinafter "the State Board") and the nine regional water quality control boards arexesponsible for preserving and- enhancing the -quality of California waters (.including the waters within.the BCDC segment of the coastal zone) and assuring their conservation and most efficient use; and WHERFASf,,,under the Porter-Cologne.Water@Quality Control Act, the California Regional Water, quality Control Board., San Francisco Bay Region (hereinafter "the Regional Board") has jurisdiction over the State waters within the BCDC.segment of the California coastal zone; and WHEREAS.' the broad:objective of the State and Regional'Boards' water quality control programs is to achieve and.maintain the highest possible water quality in State waters congistent.with their use; and WHE REAS, the San Francisco Bay Plan Policies on Water Pollution (page 10) state that water quality in all parts of the Bay should be sufficiently high to permit.water contact sports and to provide a suitable habitat forall indigenous anddesirable forms of aquatic life, and assume this will be achieved,'in time, as the result of measures taken in response to requirements and enforcement proceedings of the State and Regional Boards; and WHEREAS, the Bay Plan Policies on Fresh Water Inflow (page 12, as amended. January 4, 1973) recognize that the standards set by the State Board in Decision 1379 (the Delta Decision) will help maintain adequate freshwater inflow into the Bay, and these policies further recoirmend that the impact of diversions of fresh water inflow into the Bay sho@ild be monitored by a State regulatory agency, such as the State Board; and WHEREAS, the Coastal Zone Management Act.mandates that the requirements established by the State and Regional Boards,pursuant to@the Federal Water -Pollution Control Act, as amended., be incorporated into the BCDC management- program; THEREFORE@ BCDC, the State Board and the Regional Board mutually agree as follows: 1. For purposes of the Federal Coastal Zone Management Act of 1972, the.. State Board and the Regional Board recognize the BCDC management program as the -3- State management program for the BCDC segment iof the California coastal zone,, which comprises San Francisco Bay and its adjacent shorelands (the area of -existing BCDC permit jurisdiction),.and will comply with., and exercise their regulatory authority to assist in carrying out, the BCDC management program to. -the maximum feasible extent. 2. BCDC recognizes that.the State Board and the Regional Board are the State agencies with primary responsibility for the coordination and control of water quality in San Francisco Bay. BCDC further recognizes that the State 'Board haIsprimary responsibility for the administration of water.rights.-puxsuant to applicable law. 3. As.required by Section 307(f) of the Coastal Zone Management Act, BCDC will incorporate into its management, program for,San Francisco Bay the require@ ments established by the State and Regional Boards pursuant to the Federal Water Pollution Control Act, as amended. 4. In.carrying out its management program for the Bay, BCDC will., to the maximum feasible extent, exercise its powers and.responsibilities under the McAteer-Petris Act to further the water quality objectives of the State and Regional Boards, including observing the following special procedures: (a) BCDC will forward to the Regional Board for review and commient copies of all applications requiring a public hearing before BCDC. Except in unusual circumstances, the Regional Board will comment on such applications within 21 days, and copies of all such comments will be distributed to BCDC members prior to a vote on the application. To the maximum extent feasible, BCDC will incorporate recommendations of the Regional Board into any permit issued by BCDC, or into any res.olution,denying such a permit. .(b) As a standard condition in all BCDC permits,, BCDC will.require ..compliance,with the requirements. of,.the Regional Board. @4- 5. BCDC may participate in all proceedings of the State and Regional Board relating to water quality in San Francisco Bay or in the Delta. In the event,BCDC participates in any such proceedings, it shaLL be afforded full opportunity to present evidence and examine and cross-examine@witnesses. Executed on 1976. State Water Resources Control Board BY: William Dendy Executive Officer Executed on 1976. California Regional Water Quality Control Board, San Francisco Bay Region By: Frederick Dierker Executive Officer Executed on 1976. San Francisco Bay Conservation and Development Commission By. Charles R. Roberts Executive Director APPENDIX V Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the State Lands Commission Memorandum of Understanding between the San Francisco Bay Conservation and Development Con-mission and the California Department of Transportation Memorandum of Understanding between the San Francisco Bay Conservation and Development Commission and the Bay Area Air Pollution Control District Memorandum of Understanding between the San Francisco Bay Conservation and Development COMM4 ssion and the State Water Resources Control Board and-the California Regional Water Quality Control Board, San Francisco Bay Reg.-*Lon MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE STATE LANDS COMMISSION MEMORANDUM OF UNDERSTANDING BETWEEN THE SANYRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AIM THE STATE. LANDS COMMISSION WHEREAS, under the provisions of the McAteer-Petris Act., the San Francisco Bay Conservation and 1evelopment Commission (hereinafter "BCDC") is charged with the management of San Francisco Bay and its adjacent shorelands, and in particular with preparation, implementation, enforcement, and periodic review of the San Francisco Bay Plan; and WHEREAS, BCDC has submitted-itsmanagement program for San Francisco Bay to the Secretary of Commerce for approval as a segment of the California coastal zone management program under.Section 306 of the Federal Coastal Zone Management Act of 1972; and WHEREAS, if the BCDC management program for San Francisco Bay is approved by the Secretary of Commerce, BCDC will be the State agency responsible under ..the Federal Actfor the management of that s egment of the California coastal ..zone comprising San Francisco Bay and its adjacent shorelands (the area of existing BCDC permit jurisdiction); and WHEREAS, the BCDC segment of the California coastal zone extends to, -certain tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams that may also be within the jurisdiction of the State Lands Commission under Section.6216 of the Public Resources-Code., which is more commonly known as the State Lands Act of-1938 (Public Resources Code, Sections 6100.et.seq.); and WHEREAS, by enactment of the State Lands Act of 1938, the State Legislature has vested in the State Lands Commission the power to manage and control all angranted-tidelands owned by the State and all.tidelands,:granted by,.the State in which tidelands the State has retained,or acquired any interest; and WHEREAS, by enactment of the McAteer-Petris Act, the State Legislature has expressed its intent that BCDC shall.protect the public interest in the beneficial use of San Francisco Bay for a variety of.purposes in recognition of the public interest in the Bay as the most valuable single natur.al,resource, of an entire region, and by enactment of the State1ands Act of 1938, has. further expressed its intent thatthe lands owned by the@State, including tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams, shall.be managed and controlled by the State Lands Commission for the benefit of the.,'public; and. WHEREAS, the State Lands Commission has played,, and will continue to playi- a primary role in the BCDC management program for-S-sn'Francisco Bay; THEREFORE, BCDC and the State Lands-Commission agree as follows: 1. The, State Lands Commission recognize&and acknowledges the BCDC management program for San Francisco Bay as the State management program for the BCDC segment of the California coastal zone (the area of existing BCDC permit jurisdiction). In carrying out its responsibilities under Statelaw, the State Lands-Commission will comply with the BCDC management program to the maximum extent feasible. 2. BCDC will forward to the State.Lands Commission for review and comment complete copies of all applications for majorpermits requiring public hearings under BCDC Regulations. BCDC will also forward to the State Lands Commission for review and comment each list of applications for.administrative permits compiled pursuant.@.'_to Section 10542 of the BCDC Regulations, including,,all material submitted by the applicants for administrative permits relating to. title to the property involved. BCDC will not grant or deny any permit application until comments.thereon have been received from the State.Lands. Commission unless BCDC's failure to:do so would.result in the permit automatically being granted under the provisions of Section 66632(f) of the Government Code. The State Lands Commission will make every effort to submit its comments. to BCDC in a timely fashion--21 days from date of:mailingin the case -of a major permit application and 10 days, from date of mailing of the-administrative permit list. 'Except where questions of the extent of State ownership exist, the State. Lands Commission -will not grant or execute any lease, pe It, or rmi other -entitlement to use of any land within the jurisdiction of both the State Lands Commission.and BCDC until a BCDC permit authorizing such use has been obtained, -if a BCDC permit is required. In those cases where the State Lands Commission advises.BCDC that the State may.have an interest in property such that the permit applicant may not have such valid title to,:the property in question that he may @ill it in the manner and for the uses to be an roved 13C7-r- --7ill request the L=ds p- Commission to determine the extent of the State's interest in the property, and under the authority of Government Code Section 66605(g), will not grant a permit for such filling until the title question has been resolved. When requested to do so by BCDC, the State Lands Commission will act diligently to resolve outstanding questions.of the extent of State ownership in any property involved in a BCDC permit application. 5. BCDC and the State Lands Commission will continue to work closely together and cooperate in all other matters of joint interest within the BCDC segment of the California coastal zone. STATE LANDS CONMISSION Executed on 1976. BY: WILLIAM F. NORTHROP Executive officer SAN FRANCISCO 13AY CONSERVATION AND DEVELOPMENT COMMISSION Executed on 1976. By: CHARTES R. ROBERTS Executive Director MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO BAY CONSERVATION*.AND DEVELOPMENT CONMISSION AND THE CALIFORNTA.DEPARTMENT OF TRANSPORTATION @WHEREAS, under the provisions of the McAteer-Pettis Act, the San Francisco Bay Conservation and Development Commission (nereinafter "BCDC") is charged with @the management of San Francisco Bay and its adjacent shorelands, and in.particular with,preparation,, implementation., enforcement and periodic review of the San Francisco Bay Plan; and WHEREAS, BCDC has submitted its management program for San Francisco Bay to the Secretary of Commerce for.approval under Section 306 of the Federal Coastal Zone Management.Act of 1972 as a.segment of the California coastal zone management program; and WHEREAS., if the BCDC management program for San Francisco Bay isapproved by the Secretary of Commerce, BCDC will be t he State agency responsible under the Federal Act for management of that segment of the California coastal zone comprising S'an Francisco Bay and its adjacent shorelands (the areas of existing' BCDC.permit jurisdiction); and WHEREAS, the California Department of Transportation (hereinafter '.'CalTrans") is responsible for State-wide planning, funding, construction, operation and main- tenance of various transportation facilities, including streets and highways, bridges, mass trans'it, and airports; and WHEREAS, San Francisco Bay is an important transportation route and airports and bridges are water-oriented uses underthe McAteer-Petris Act (the BCDC law); and WHEREAS, transportation planning and the location of land:transportation routes have a significant impact on the BCDC segment of.the coastal zone; THEREFORE, BCDC and CalTrans agree as follows: 1. For-purposes of the Coastal Zone.Management Act of 1972, CalTrans recognizes the BCDC management program for San Francisco Bay as the State :management program for the BCDC segment of the California coastal zone, and.in. carrying out its responsibilities.under State law.., CalTrans will comply,with the-BCDC management-program to the maximum feasible extent. CalTrans will consult with BCDC on all CalTrans projects either in or significantly affecting the:BCDC segment of the coastal zone, including.but not limited to the following: (a) construction, reconstruction, and maintenance of highways, bridges and other transportation routes or faailit,ies either within BCDC permit juris- diction.or significantly affecting areas within BCDC's permit,jurisdiction. (b) Preparation and implementation of the California Transportation Plan insofar as it affects-the BCDC segment:of the coastal zone. (c). Preparationand implementation of the Regional Transportation Plan by the Metropolitan Transportation Commission. .3. CalTrans will continue to play a primary role in BCDC planning for the. Bay.and in the implementation of the BCDC,management,program by reviewing and -commenting on all BCDC reports or other material related to Bay planning or management,I.-afidddealing with, or reltited to, transportation matt.ers,_prior to such material being presented to the BCD.C members for consideration. @Executed.on 1976. California.Department of Transportation By: Adriana Gianturco Director of Transportation 'Executed on 19760 San Francisco Bay Conservation and Development Commission Byr Charles R. Roberts MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANSCISCO BAY CONSERVATION AND DEVELOPMENTENT COMMISSION AND THE RAY AREA AIR POLLUTION CONTROL DISTRICT, MEMORANDUM OF UNDERSTANDING BETW N THE :SAN FRANCISCO BAY CONSERVATION ANDIDEVELOPNENT@CONMISSIQN AND THE BAY AREA AIR POLLUTION CONTROL DISTRICT WMREAS., under the@provisions of the McAteer-Petris Act2 the San Francisco Bay Conservation and Development Commission (hereinafter "BCDC") is charged with the management of San Francisco Bay and its adjacent shorelands, and particular, with preparation., implementation.,.enforcement, and periodic-review of the San Francisco Bay.Plan;-and WHERFAS., BCDC has submitted.its management program for San Francisco Bay to the Secretary of Commerce for approval under Section 306 of the Federal ..Coastal Zone Management,Act of 1972 as a segment of the California coastal zone management program; and WHEREAS@ if the BCDC management program for San'Francisco Bay is approved by the Secretary of Commerce., BCDC will be the State agency responsible under Act for management.of that segment of the California.coastal zone comprising San Francisco Bay and its,adjacent shorelands (the area of existing BCDC permit Jurisdiction).; and WHEREAS,, the Sari Francisco Bay@Plan Findings and Policies on Smog and Weather (page 10) point out the,importance of, the Bay in determining the climate of the Bay Area and in reducing smog; and WHEREAS, the Bay Area Air Pollution Control District (hereinafter "the District") is charged with the regulation of emissions of air pollutants-caused., by stationary sources, in order-to achieve and maintain certain air quality standards, for the nine counties in the Bay Area; and WHEREAS) the District is empowered as a regulatory agency to issue or deny Am& permits authorizing construction and operation.of facilities related tolthe -2- creation or emission.of certain pollutants.affecting air quality,@ in accordance with'the regulations.of the District;, and WHEREAS, BCDC and the District undertake, from time to time, separate-review of permit.applications for projects located within the geographic jurisdiction of both BCDC and the District; and.. WHEREAS., the Coastal Zone Management Act mandates that the requirements established by the District pursuant to the Federal Clean Air Act., as amended', be incorporated into the BCDC management.program; and WHEREAS, air quality in the BCDC segment of the California coastal zone is of mutual concern to both BCDC and-,theDistrict; THEREFORE, BCDC and the District.agree as folTows:., For purposes of the.Federal Coastal Zone Management Act of 1972, the 'District, recognizes the BCDC management program as the State management program.., for the BCDC segment of the California.coastal zone. which comDrises San Francl.,sco Bay and its adjacent shorelands (the area of existing BCDC permit jurisdiction)i and.,will comply with, and will exercise its regulatory authority to aid in carrying out., the BCDC management program to the.maximum feasible extent.. 2. As required by Section 307(f) of the Coastal Zone Management Act, BCDC will incorporate into its management program for San Francisco Bay the requirements established by the District pursuant to the Federal Clean Air Act of 1972, as amended. 3. In carrying out its.management program for the Bay, BCDC will, to the maximan-,feasible extent, exercise its powers and responsibilities under the McAteer- Petris Act to further the air quality objectives of the,District, including requesting the conmients of the District on applications for BCDC permit,s, or on:environmental impact reports for which BCDC is responsible, relating to projects or,activities.. that,may have a substantial :1mpact on air quality in the BCDC segment ofthe California coastal zone. The District will provide BCDC with its comments in a timely fashion, and where appropriate, will work jointly'with BCDC on the preparation of any document., or element.of a document,, relating to the projected air quality impact of any project or program pending before BCDC. The District will advise BCDC of the filing of applications for permits .-or variances from:the District prior to taking final action on such permits or @variances. BCDC will provide the District with comments on the consistency of the proposed permit or variance with thetBCDC management program.for the Bay., ..In acting on such permits or.variances, the District will give full consideration to al I comments received from BCDC. 5. The District will advise. BCDC of any proposed changes.in District regulations and provide BCDC with an opportunity to comment on such changes in relation to the BCDC management program. In acting on such changes, the District will give full consideration to all comments ieceived from BCDC. 6. BCDC and the District will coordinate and cooperate on any further planning and programming undertaken or participated. in, hy the Distl@ict to Maint-a-1-n- Bay Area air quality and to achieve the goals of the Federal Clean Air-Act, as amended, to ensure that such planning and prograiming-and the BCDC management program are consistent. Executed on 1976. Bay Area Air Pollution Control District By: J. C. Callahan Air Pollution Control Officer 'Executed on 1976. San Francisco Bay Conservation and Development Commission By: Charles R. Roberts Executive Director BETWEEN THE SAN FRANCISCO BAY CONSERVATION NMORANDUM'OF Tj AND DEVELOPMENT COMMISSION AND THE STATE WATER RESOURCES CONTROL BOARD AND THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN FRANCISCO BAY REGION IYEMORANDUM OF UNDERSTANDING BETWEEN THE .SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION AND THE STATE-WATER RESOURCES CONTROL BOARD AND THE :CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD., SAN FRANCISCO RAY REGION under the provisions of the McAteer-Petris Act, the San Francisco Bay Conservation and Development Commission (hereinafter "BCDC") is charged with the management of San Francisco Bay and its adjacent shorelands, and in particu- lar.with preparation, ikDlementation, enforcement., and periodic review of the. @San Francisco Bay Plan; and WHEREAS., BCDC has submitted its management program for San Francisco Bay to the Secretary of Commerce for approval under Section 306 of the Fe.der*al' Coastal Zone Management Act of 1972 as a: segrment Of +.hp. rnl i -Pnrn J n. Coastal zone management program;.and ...WHEFZ4,S., if the BCDC management program for San Francisco Bay is. approved by the Secretary of Commerce, BCDC will be the State agency responsible under the Federal Act for management of that segment of the California coastal zone, comprising San Francisco Bay and its adjacent shorelands (the area of existing BCDC permit jurisdiction); and. WHEREAS., under the Porter-Cologne Water Quality Control Act, the State ter "the State Board") and the nine Water Resources Control Board (hereinaf regional water quality.control-boards are responsible for preserving and enhancing the quality of California waters (including the waters within the BCDC segment of the coastal zone) and assuring their conservation and most efficient use; and -2- WHEREA&, under the Porter-Cologne'Water Quality Control Act, the California Regional Water @Qaality Control Board,'San%Fra'ncisco Bay Region (hereinafter "the Regional Board") has jurisdiction over.the State waters within the BCDC segment of the California coastal zone; and WHEREAS, the broad objective of the State and Regional Boards' water quality control programs is to achieve and maintain the highest possible water quality in State waters consistent with their use; and WHEREAS, the San Francisco Bay Plan Policies on Water Pollution (page 10) state that water quality in all parts of the Bay should be sufficiently high to permit water contact sports and to provide a suitable habitat forall indigenous and desirable forms of aquatic life.,.and assume this will be achieved, in time, as the result of measures taken in response to requirements and enforcement proceedings of the State and Regional Boards; and WBEREAS, the Bay Plan Policies on.Fresh Water. Inflow (page 12, as amended January 4., 1973) recognize that the standards set by the State Board in Decision 1379 (the Delta Decision). will help maintain adequate fresh water inflow into the Bay, and these policies further recommend that the impact of diversions of fresh water inflow into the Bay should be monitored by a State regulatory agency, such as the State Board; and WHEREAS, the Coastal Zone Management Act mandates that the requirements established by the State and Regional Boards pursuant to,the Federal Water -Pollution Control Act, as amended, be incorporated rnto the BCDC management. program; THEREFORE, BCDC,,@the State Board and the Regional Board mutually agree as follows: For purposes of the Federal Coastal Zon.e ManagementAct of 1972, the State. Board and the Regional Board recognize the BCDC management program as the -3- -State management program for the BCDC segment of the California coastal zone, which comprises San Francisco Bay and its. adjacent shorelands (the area..of @:existing BCDC permit jurisdiction),, and will camply with,. and exercise their regulatory authority to assist.incarrying out, the BCDC management program to the maximum feasible extent. 2.- BCDC recognizes that the State Board and the Regional Board are the @Stbte agencies with primary responsibility for the coordination and control of 'water quality in:San Francisco Bay. BCDC further recognizes that the.State Board has primary responsibility for the administration of water rights pursuant to applicable law. As required by Section 307(f) of the@Coasta;l Zone Management Act, BCDC will incorporate into its management program for San Francisco Bay the require" ments'established by the State and Regional Boards pursuant to the Federal Water Pollution Control Act, as amended. In.carrying out its management program for the Bay, BCDC will, to the max3mum feasible extent, exercise its powers and responsibilities under the McAteer-Petris Act to further the water quality objectives of the State and Regional Boards, including observing the following special procedures: .(a) BCDC will forward to the Regional Board for review and comment copies of all applications requiring a public hearing before BCDC. Except in unusual circumstances, the Regional.Board will comment on.such applications within 21 days, and copies of all such comments will be distributed to BCDC members prior to a vote on the application. To the maximum extent feasible., BCDC will incorporate recommendations ofthe Regional Board into any permit issued by,BCDC, or into any resolution denying such a permit. (b) As a standard condition in all BCDC permits, BCDC,will require compliance.with the requirements of the Regional Board. 5. BCDC may participate in....all proceedings. of the State and Regional Board relating to water quality,in San Francisco Bay or in the Delta. In the, event BCDC participates in any such proceedings it shall be, afforded full opportunity to present evidence and-examine and, cross-examine witnesses. Executed on 1976. State,Water Resources Control Board 'William Dendy Executive Officer. Executed on 1976. California RegionallWater Quality Control Board, San Francisco Bay Region By: Frederick Dierker Executive Offider Executed on 1976. San Francisco Bay Conservation and Development.Commission BY: Charles R. Roberts Executive Director NOAA COASTAL SERVICES CTR LIBRARY 3 6668 14110126 3