Policy: Fill for Bay-Oriented Commercial Recreation and Bay-Oriented Public Assembly on Privately-Owned Property Policies Concerning Filling for BayOriented Commercial Recreation and Bay-Oriented Public Assembly on Privately-Owned Property, No 1

" Filling for Bay-oriented commercial recreation and Bay-oriented public assembly on privately-owned property should be approved only if the filling would provide 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 and the proposed fill would fully comply with all of the following additional criteria:
The proposed project would limit the use of area to be filled to: public recreation (beaches, parks, etc.); and Bay-oriented commercial recreation and Bay-oriented public assembly, defined as facilities specifically designed to attract large numbers of people to enjoy the Bay and its shoreline, such as restaurants, specialty shops, and hotels.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).The proposed private 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 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.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.A substantial portion of the project would be built on existing land, and the project would be planned to minimize the need or 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.)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.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.The proposed project would provide, to the maximum extent feasible, for enhancement of fish, wildlife, and other natural resources in the area of the development."