4B1 Public Hearing 2016 0919 - Laserfiche WebLink

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July 21, 2016 City of San Leandro Community Development Department Attn: Tom Liao 835 East 14th Street San Leandro, CA 94577 SUBJECT: Draft Environmental Impact Report for the San Leandro General Plan Update SCH # 2001092001 Dear Mr. Liao: Thank you for the opportunity to comment on the Draft Environmental Impact Report (DEIR) for the San Leandro General Plan Update (General Plan), received June 2016. The following staff comments are based on the McAteer-Petris Act, the provisions of the San Francisco Bay Plan (Bay Plan), and staff review of the DEIR. In particular, these comments are related to BCDC jurisdiction within the project area, climate change and sea level rise, safety of fills, shoreline protection, recreation, and public access. Jurisdiction. The Commission has jurisdiction over all areas of the San Francisco Bay subject to tidal action, which is defined as shoreline that extends up to mean high water, except in marsh areas, where the Commission’s Bay jurisdiction extends to five feet above mean sea level. The Commission also has jurisdiction over managed wetlands, salt ponds, and the tidal portions of certain waterways, as identified in the McAteer-Petris Act, as well as “shoreline band” jurisdiction extending 100 feet landward of and parallel to the shoreline. In regards to the San Leandro General Plan Update, the Commission has jurisdiction over the Bay waters, including from the Bay edge to the portion of San Lorenzo Creek subject to tidal action and the tide control structure on Alameda County Flood Control District Line A Zone 2 (Estudillo Canal), as well as over the 100-foot shoreline band. For BCDC’s Bay jurisdiction, an essential part of the regulatory framework is the Commission’s Bay Plan. Projects approved by BCDC must be consistent with the McAteer-Petris Act and the Bay Plan. The Bay Plan includes priority land use designations for certain areas around the Bay to ensure that sufficient areas are reserved for important water-oriented uses such as ports, water-related industry, parks, and wildlife areas. In the vicinity of the City of San Leandro, the Commission has designated Oyster Bay Regional Shoreline and the South San Leandro shoreline as areas that should be reserved for waterfront park/beach priority land uses. The Commission has authority to issue or deny permit applications for placing fill, extracting material, or changing use of any land, water or structure within the Commission’s COMMENT LETTER # C01 C01-01 C01-02