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Article 9

Article 9. Lease Involving Granted Tide and Submerged Lands

2800. General
2801. Procedure
2802. Commission Criteria
2803.Approval Limitation

'2800. General

The provisions of this Article shall apply only to those lessees, lenders, or contract holders who wish to secure Commission findings specified in Public Resources Code Section 6702 (b) regarding leases, contracts or other instrument involving granted tide and submerged lands. Note: Authority cited: Sections 6105, 6108, 6701, 6702, and 6703, Public Resources Code. Reference: Section 6702, Public Resources Code.

HISTORY

1. New Article 9 (Sections 2800 through 2807) filed 9-27-72; effective thirtieth day thereafter (Register 72, No. 40).

2. Repealer of Article 9 (Sections 2800-2807) and new Article 9 (Sections 2800-2803) filed 12-2-81; effective thirtieth day thereafter (Register 81, No. 49). For prior history, see Register 81, No. 6.

'2801. Procedure.

(a) Applicants desiring Commission findings under Public Resources Code 6702(b) shall:

(1) Complete in full and submit to the Commission, an application approved in form and content by the Commission; and

(2) Cause a grantee report, approved in form and content by the Commission to be completed in full and submitted directly by the legislative grantee; and

(3) Submit additional information as required if the application or

grantee report are in any manner inadequate or incomplete.

(b) An inadequate or incomplete application or grantee report for

which required additional information is not forthcoming shall be rejected.

(c) The 90-day time limitation specified in Public Resources Code

Section 6704 shall commence to run when the application and grantee report, complete in all respect, have been received by the Commission.

(d) Approved application and grantee report forms referred to in this Article are available from and shall be submitted to the principal office of the Commission.

Note: Authority cited: Sections 6105, 6108, 6701, 6703, and 6704, Public Resources Code. Reference: Section 6704, Public Resources Code.

'2802. Commission Criteria.

The Commission in determining pursuant to Public Resources Code Section 6702(b)(3) whether a lease, contract or other instrument is in the best interest of the State will consider whether the use, project or activity permitted by such instrument is:

(a) Consistent with current Commission policies, practices and procedures used for administering lands within its jurisdiction;
(b) economically viable, necessary and desirable;
(c) appropriate for developmental mix;
(d) conducive to public access;
(e) consistent with environmental protection;
(f) otherwise in the best interests of the state.

Note: Authority cited: Sections 6005, 6105, 6108, 6701, and 6702 Public Resources Code. Reference: Sections 6005, 6701, and 6702. Public Resources Code.

'2803. Approval Limitation.

Approval by the Commission of any lease, contract or other instrument pursuant to this Article shall not constitute approval of any modification or amendment of such instrument made pursuant to the provisions of such instrument or otherwise. Separate approval shall be required for such modifications or amendments.
Note Authority cited: Sections 6105, 6108, 6701, and 6706, Public Resources Code. Reference: Section 6706, Public Resources Code.