of this title. For the purposes of this section "materials" means items exceeding twenty dollars ($20) in value. (b) Whenever a permit is required by a city or county an applicant for a permit shall file an aplication with the city council of the city if the proposed project is located in incorporated territory, or the board of supervisors of the county, if the proposed project is located in unincorporated territory. 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 application is filed with it. Whenever a permit is not required by a city or county, application for a permit shall be made directly to the commission. (c) Upon receipt of the report from the city council or the board of supervisors, as the case may be, or, if the city council 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, or 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 commission shall give full consideration to the report of the city council or board of supervisors. (d) The commission shall take action upon the application for the permit, either denying or granting the permit, within 60 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 30-day period, within days after the expiration of such 90-day period; or if an application for a permit was made directly to the commission, within 60 days after it receives the application. The permit shall be automatically granted if the commission shall fail to take specific action either denying or granting the permit within the time period specified in this section. A permit may be granted for a project if 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 not adversely affect the comprehensive plan being prepared. Thirteen affirmative votes of members of the commission are required to grant a permit. Neither of the federal representatives who are members of the commission may vote on whether or not a permit shall be granted. The commission shall provide by regulation for the issuance of permits by the executive director, without compliance with the above procedure, in cases of emergency or for minor repairs or improvement. (e) If the commission denies the permit, the applicant may submit another application for the permit directly to the commission after 90 days from the date of such denial. (f) If, prior to the effective date of this section, any person or governmental agency has already obtained a permit from the appropriate local body to place fill in the bay or to extract submerged materials from the bay, application may be made directly to the San Francisco Bay Conservation and Development Commission and the permit from the local body shall constitute the report of the local body. 66632.1. Nothing in this title shall apply to any project where necessary local governmental approval and a Department of the Army Corps of Engineers permit have been obtained to allow commencement of the diking or filling process, and where such diking or filling process has commenced prior to the effective date of this title, nor to the continuation of dredging under existing Department of the Army Corps of Engineers permits. 66633. The commission may: (a) Accept grants, contributions, and appropriations from any public agency, private foundation, or individual. (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 required by the commission or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies. (d) 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 Legislature may appropriate for planning activities of the commission, take whatever steps are necessary to attempt to obtain money available of such planning activities from any federal, state, or local sources. 'I 66635. The commission shall appoint an executive director who shall have charge of the conduct of the study and plan formulation, subject to the direction and policies of the commission. The executive director shall, subject to approval of the commission, appoint such employees as may be necessary in order to carry out the functions of the commission, including but not limited to the following: one assistant executive director to supervise administration and the dissemination of public information, one assistant executive director to supervise commission activities relating to permits, one chief planning officer to supervise the technical preparation of the comprehensive plan, two assistant planning officers, and clerical staff sufficient to enable the commission to carry out its functions. 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 consist of not more than 20 members. At least one member of the advisory committee shall be a representative of a public agency having jurisdiction over harbor facilities, and another shall represent a public agency having jurisdiction over airport racilities. The advisory committee shall also include representatives of conservation and recreation organizations, and at least one biologist, one sociologist, one geologist, one architect, one landscape architect, one representative of an industrial development board or commission, and one owner of privately held lands within the San Francisco Bay as defined in Section 66610. CHAPTER 5. FINAL REPORT AND TERMINATION OF EXISTENCE OF THE COMMISSION 66650. The commission shall file a progress report with the Governor and the Legislature not later than the fifth legislative day of the 1967 Regular Session of the Legislature, and shall file a final report with the Governor and the Legislature not later than the fifth legislative day of the 1969 Regular Session of the Legislature. 66651. The final report shall contain all of the following: (a) The results of the detailed study made by the commission. (b) The comprehensive plan adopted by the commission for the conservation of the water of the San Francisco Bay and the development of its shoreline. (c) The commission's recommendation of the appropriate agency to maintain and carry out the comprehensive plan. (d) The commission's estimate of the approximate amount of money that will be necessary to maintain and carry out the comprehensive plan, including, but not limited to, the commission's estimate of the approximate amount of money that will be necessary to purchase real property which the commission may recommend be purchased for public use, and an indication of the possible sources of money for such purposes, such as local bond funds, federal grants, state funds, funds from foundations, and funds from private subscription. (e) Such other information and recommendations as the commission deems desirable. 66652. The existence of the commission shall terminate on the 90th day after the final adjournment of the 1969 Regular Session of the Legislature. 66653. This title shall be known and may be cited as the McAteer-Petris Act. SEC. 2. The sum of one hundred eighty-four thousand four hundred fifty dollars ($184,450) is appropriated from the General Fund to the San Francisco Bay Conservation and Development Commission created pursuant to Title 7.2 (commencing with Section 66600) of the Government Code for expenditure for the support of the commission during the 1965-1966 fiscal year. SEC. 3. 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. STATE OF CALIFORNIA, SAN FRANCISCO BAY CONSERVATION STUDY COMMISSION, To the Members of the California Legislature: We are pleased to forward the report of the San Francisco Bay Conservation Study Commission as required by Chapter 98, Statutes of 1964. This report is the result of studies undertaken by the Commission in the latter part of 1964. Beginning 15 September, 1964, the Commission held weekly public hearings in several Bay Area locations in order to receive the testimony of Federal and State officials, city and county officials, representatives of various conservation and development organizations, private property owners, and other concerned citizens. In all, 56 speakers appeared before the Commission at 12 public hearings. The Commission was also helped by a number of informative letters and other material submitted to it, and by the work of a private research consulting organization. From the large audiences present at the Commission's public hearings and from the volume of mail it has received, the Commission has become increasingly aware of the great public interest in the future of San Francisco Bay. The Commission believes that the recommendations in this report will safeguard the public interest in the Bay, will lead to proper planning for the Bay and its shoreline, and will provide adequate development controls. An appropriation of $75,000 was made by the Legislature for the work of this Commission. It is a pleasure to report to the Legislature that less than $45,000 of this amount was spent by the Commission in carrying out its assignments. The Commission respectfully submits its report for your consideration and decision. Very truly yours, Senator "J" EUGENE MCATEER, INTRODUCTION Chairman. In recent years, a growing concern over the future of San Francisco Bay has been expressed by conservation and recreation organizations, by governmental agencies, by researchers at the University of California, by many Bay Area citizens, and by the Bay Area press, radio, and television. This public concern has led to the introduction in the Legislature of several measures relating to the problems created by the ever-increasing, "piecemeal" filling of the Bay. All but one of these bills died in committee. The one bill that the Legislature adopted was Senate Bill 14 in the 1964 Special Session. As the result of the passage of this bill (which became Chapter 98, Statutes of 1964), the San Francisco Bay Conservation Study Commission was created. The Commission was given three assignments: (a) to ascertain the public interest in San Francisco Bay; (c) to recommend to the 1965 Legislature measures to protect the public interest in the Bay. FINDINGS AND RECOMMENDATIONS Summary The three assignments given to the San Francisco Bay Conservation Study Commission, and the unanimous conclusions and recommendations of the Commission, are as follows: "Article 4. Powers and Duties of the Commission "Section 31. The Commission shall undertake a study designed to ascertain the public interest in San Francisco Bay . . ." The Study Commission finds that the public interest in the Bay is in its beneficial use for a variety of purposes. The public has an interest in the Bay as the most valuable single resource of an entire region, a resource that gives special character to the Bay Area; as a single body of water that can be used for many purposes, from conservation to planned development; and as a delicate physical mechanism in which changes that affect one part of it may also affect all other parts. It is therefore in the public interest to create a politically-responsible, democratic process by which the Bay and its shoreline can be analyzed, planned, and regulated as a unit. "Section 32. The Commission shall also undertake a study of the effects which the further filling of San Francisco Bay will have upon navigation, fish and wildlife, air and water pollution, and all of the regional needs of the future population of the Bay region . . ." The Study Commission finds that the present uncoordinated, haphazard manner in which the Bay is being filled threatens the Bay itself and is therefore inimical to the welfare of both present and future residents of the area surrounding the Bay. While some individual fill projects may be both 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, the fact remains that no governmental mechanism exists for evaluating individual projects as to their effects on the entire Bay, The Study Commission finds that further piecemeal filling of the Bay may place serious restrictions on navigation in the Bay, may destroy the irreplaceable feeding 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. "Section 31. The Commission... shall report to the Legislature . . with recommended legislation defining the public interest in San Francisco Bay and recommended legislation for protecting such public interest.” The Study Commission recommends that the Legislature create a Bay Conservation and Development Commission (BCDC) consisting of representatives of the Federal government, the State government, cities and counties in the Bay Area, and the general public. This BCDC should make a detailed study of all the characteristics of the Bay, including the quality, quantity, and movements of the Bay waters; the ecological balance of the Bay; and the economic interests in the Bay. The BCDC should also study present and proposed uses of the Bay and its shoreline. Using the material obtained through these studies, the BCDC should then prepare a comprehensive plan for conservation and use of the Bay and for development of its shoreline. The Study Commission further recommends that during the planning period the BCDC endeavor to protect the present shoreline and body of Bay water to the maximum extent possible. The BCDC should, therefore, be empowered to issue or deny permits, after public hearings, for any proposed project that involves placing fill in the Bay or extracting submerged materials from the Bay. The Study Commission reports to the Legislature as follows: (1) San Francisco Bay: San Francisco Bay is the greatest single asset in a region that now has almost 4 million residents and, by the year 2020, is expected to have more than 14 million. (2) Public interest in San Francisco Bay: The public has an interest in the Bay for a wide variety of beneficial uses. The public interest is manifold; it is a consensus of the many and sometimes-conflicting uses of the waters of the Bay and of the Bay shoreline. The public interest requires creation of a governmental mechanism to balance competing interests in the Bay, to weigh all the alternatives in making choices relative to the Bay, and to guide the conservation and development of the Bay and its shoreline. The public interest in the Bay is composed of these factors: (a) The Bay is a large body of water that is the most prominent physical feature of an entire region. The Bay gives character, beauty, and even the name to the Bay Area. The Bay is, in most places, something pleasant to look at, an attraction for visitors, and something that adds economic value to homes and offices with a view of it. (b) The Bay is a medium of transportation. It is a waterway for all types of ships and boats, an open area over which aircraft may fly, and, through well-planned filling, a space for present and future docks, airports, heliports, bridges, and roadways. (c) The Bay is a source of recreation. It is an area for hunting, sport fishing, boating, and swimming. Along its shores, observation areas and scenic drives may be created. (d) The Bay is a home for fish and wildlife. It is the habitat of many species of commercial and sport fish, and its tidelands and marshlands provide breeding and feeding grounds for birds on the Pacific Flyway from Canada to Mexico. (e) The Bay is a site, through selective filling, for homes, apartments, industries, factories, and other facilities that provide jobs, purchasing power, and tax bases. (f) The Bay is a receptacle for refuse, sewage, and rainfall runoff. (g) The Bay is a part of the natural air-conditioning that helps regulate the climate of the region. (h) The Bay is a resource for the extraction of minerals, sand, and gravel. It is also a potential source of water for desalinization. (i) The Bay is one of the world's great harbors. It is used by merchant ships from all the nations of the free world and by the U.S. Navy, which has large bases fronting on its waters. (3) Present pattern of Bay development: Although many Federal, State, county, and city governmental agencies may have their own plans for development does not serve the public interest. Some fill projects may be in the interest of parts of the Bay and its shoreline, the present overall manner of development of the entire Bay Area public. (Example: The extension of an airport runway.) But the present piecemeal pattern of filling is not in the public interest because there are now no legal mechanisms and no legal guidelines for evaluating any proposed fill project in terms of its effect on other aspects of the waters of the Bay and its shoreline. This unfortunate situation has resulted in part from the fragmented political jurisdiction over the Bay and its tidelands; the State owns about 50 per cent of the Bay; the State has granted approximately 25 per cent of the Bay to cities and counties; the Federal government owns about 5 per cent; and private owners hold the remaining 20 per cent. (4) Bay Conservation and Development Commission: In order to protect the public interest in San Francisco Bay, a new regional approach is necessary. This approach, treating the entire Bay as a unit, should begin with a detailed study of all the characteristics of the Bay, including the quality, quantity, and movement of Bay waters; the ecological balance of the Bay; and the economic interests in the Bay, including the needs of the Bay Area population for industry and for employment. In this connection, the study should include the requirements of industries that would not pollute the Bay nor interfere with its use for recreation or other purposes, but would need sites near deep-water channels or would need large supplies of water for their manufacturing processes. In addition, the study should examine all present and proposed uses of the Bay and its shoreline, and should give consideration to the master plans of cities and counties around the Bay. The study should lead to the preparation of a comprehensive and enforceable plan for the conservation of the water of the Bay and the development of its shoreline. This data-gathering and planning should be undertaken by a San Francisco Bay Conservation and Development Commission. The Commission should consist of representatives of the Federal Government, the State Government, cities and counties in the Bay Area, and the general public. The bay area transportation study commission (BATS). County representatives-1 resident of each of the 9 bay area counties, appointed by the board of supervisors in each county-- 9 City representatives-appointed by the Association of Bay Area Governments (ABAG). Public representatives-appointed by the Governor.. These members of the Commission shall be residents of the bay area and shall include among the 7: 1 representative of labor 1 representative of an industrial development board or commission 1 owner of privately held bay lands as defined in section 11 of this 1 representative of a recognized conservation organization Member of the Senate-appointed by the senate rules committee_ Total membership--- 11 29 |