SECTIONS 66650-66661 - California Statutes

GOVERNMENT CODE

SECTION 66650-66661

66650. This title shall be known and may be cited as the
McAteer-Petris Act.

66651. Pursuant to this title the commission has adopted and
submitted to the Governor and the Legislature the San Francisco Bay
Plan, a comprehensive plan containing statements and maps concerning
the following:
(a) The summary and objectives of the plan.
(b) The bay, as a resource, including findings and policies upon:
fish and wildlife; water quality; 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 findings
and policies upon: economic and population growth; safety of fills;
water-related industries; ports; commercial fishing; airports;
recreation; saltponds and other managed wetlands; transportation;
other uses of the bay and shoreline; refuse disposal sites; public
access; appearance, design, and scenic views.
(d) The implementation provisions in the section on carrying out
the plan.
This plan and any amendments thereto shall constitute the plan for
the commission to use to establish policies for reviewing and acting
on projects until otherwise ordered by the Legislature.
The plan may contain or incorporate by reference special area
plans with more specific findings and policies for portions of the
bay and its shoreline and other plans addressing special needs, such
as seaports.
Any change to the plan shall be made exclusively in accordance
with the procedures described in Section 66652 and any regulations
the commission may adopt to implement Section 66652.

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 change 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 commission members.

66653. If a function or activity is within the area of the
commission's jurisdiction and requires the securing of a permit, the
commission 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, extraction of materials,
construction methods and use or change of use of water 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 pertaining thereto are advisory
only.

66654. Within the area of the commission's jurisdiction under
subdivisions (b), (c) and (d) of Section 66610, any uses which are in
existence on the effective date of this section 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 necessary for the expansion of such use or
uses 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 determination. After the adoption of such resolution no permit
need be obtained from the commission for any of the existing use or
uses specifed in the resolution 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), (c) and (d) of
Section 66610, no person who has obtained 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 accordance with this title. Any such person shall be deemed
to have such vested rights if, prior to September 1, 1969, he has in
good faith and in reliance upon the ordinance or permit commenced
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. (a) Any person claiming an exemption from the permit
requirements of Section 66632 for placement of fill within the area
of the commission's jurisdiction under subdivisions (a), (c), and (d)
of Section 66610 after January 1, 1974, through reliance upon
Section 66632.1 or 66655 shall, within 90 days after January 1, 1974,
notify the commission 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 jurisdiction to the permit requirements of
this act.
(b) The commission shall, by regulation, 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 within which a claim of exemption is
required to be filed under this 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 January 1, 1974, 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 domain or inverse condemnation proceedings for
any property within the area of the commission's jurisdiction, in
determining "just compensation," as used in Section 19 of Article I
of the California Constitution, or the compensation provided in
Chapter 9 (commencing with Section 1263.010) and Chapter 10
(commencing with Section 1265.010) of Title 7 of Part 3 of the Code
of Civil Procedure, the influence of the San Francisco Bay Plan, in
effect at the time of the taking or damaging of the property, upon
the value of 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 commission, it
shall have all powers and duties prescribed by Chapters 1
(commencing with Section 66600) to 4 (commencing with Section 66630),
inclusive, of this title including, without limitation, the power to
continue or make further studies authorized thereby.

66659. The commission shall 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 commission's functions and
duties to some other permanent agency.

66660. The commission shall make a supplemental report, or reports,
containing all of the following:
(a) The results of any continued or further studies made by the
commission;
(b) Such other information 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 entity has commenced and
performed substantial work for the purpose of establishing a planned
community development on land already filled and requiring no
additional fill or extraction, 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 legislative day of
each regular session of the Legislature commencing not later than
the 1971 Regular Session.