Cal. Code Regs. tit. 14 § 10700

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 10700 - Minor Fill for Improving Shoreline Appearance

The Commission may approve the placement of minor fill to improve shoreline appearance, including the mooring of an historic ship as defined in Section 10703 or the repair, maintenance, renovation, remodeling, rehabilitation, or replacement of a pre-existing residential structure as defined in Section 10705, only if, in addition to the other findings required by Cal. Government Code Section 66605 and the San Francisco Bay Plan, the Commission finds and declares that:

(a) the fill is necessary because:

(1) the present appearance of the Bay and shoreline in the area adversely affects enjoyment of the Bay and its shoreline within the site area itself or within adjacent areas of the Bay or shoreline, and

(2) it is either physically impracticable or economically infeasible to improve the appearance without filling;

(b) the amount of filling approved is the minimum necessary to improve shoreline appearance;

(c) the proposed project would improve the shoreline appearance; and

(d) the fill will not adversely affect enjoyment of the Bay and its shoreline within the fill area itself or within adjacent areas of the Bay and shoreline and the fill will not have any adverse effect on present or possible future use of the area for any designated priority water-related use or for public access, and

(e) with regard to a pre-existing residential structure, the requirements of subdivisions (b) and (c) above will be deemed met if (i) the repair, maintenance, rehabilitation, renovation, remodeling or replacement will not substantially enlarge the size of the pre-existing structure, (ii) will not be out of character or scale with any nearby structures, (iii) will cover no more of the Bay surface than the pre-existing structure, and (iv) will not change the use of the pre-existing structure.

Cal. Code Regs. Tit. 14, § 10700

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of first paragraph and new subsection (e) filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
3. Amendment of subection (e) and NOTE filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66605 and 66632, Government Code; and Sections 29501(a) and 29520(a), Public Resources Code.

1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of first paragraph and new subsection (e) filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
3. Amendment of subsection (e) and Note filed 8-2-2022; operative 10/1/2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.