4B1 Public Hearing 2016 0919 - Laserfiche WebLink

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Tom Liao Page 2 July 21, 2016 jurisdiction in conformity with the provisions and policies of the McAteer-Petris Act and the Bay Plan. Comments on the Notice of Preparation (NOP) of the DEIR for the San Leandro General Plan Update, submitted to the City of San Leandro by BCDC staff on December 2, 2014, state that “the General Plan and the DEIR should acknowledge and describe the Commission’s jurisdiction and permit authority.” Sections 4-8 Hydrology and Water Quality, 4-9 Land Use and Planning, and 4-14 Utilities and Service Systems include descriptions of BCDC jurisdiction and permit authority, and sections 4-3 Biological Resources and 4-6 Greenhouse Gas Emissions also recognize the Commission’s authority and role in regional planning. Page 4.9-13 states the San Leandro General Plan Update’s compatibility with the Bay Plan, that no development projects are currently identified under the proposed General Plan, and that any future development would be required to comply with Bay Plan objectives and BCDC permit requirements. Additionally, on pages 4.9-13 – 4.9-14, the DEIR lists the specific goals, policies, and actions of the proposed General Plan that would ensure compatibility with the Bay Plan and protect natural resources along the San Leandro shoreline. Sea Level Rise. Comments on the Notice of Preparation (NOP) of the DEIR for the San Leandro General Plan Update, submitted to the City of San Leandro by BCDC staff on December 2, 2014, state that “the DEIR should assess the potential for sea level rise impacts on the Bay and its shoreline in the General Plan area. The assessment should use the best available sea level rise projections to consider potential impacts in the General Plan at mid- and end-of-century.” BCDC policies state that sea level rise risk assessments should be prepared when planning shoreline areas. Page 4.8-7 acknowledges Executive Order S-13-08 and the two sea level rise scenarios—16 inches by mid-century and 55 inches by end-of-century—that Natural Resource Agencies are planning for. Page 4.9-4 acknowledges BCDC climate change and sea level rise policies for projects: “The Bay Plan contains policies which call for review with respect to the effects of climate change on projects in BCDC’s jurisdiction, including the requirement that projects include a risk assessment prepared by a qualified engineer to assure that the risk of flooding from sea level rise is acceptable.” Appendix D of the DEIR includes a map of the current 100-year flood event and 55 inches of sea level rise. However, this map is “for informational and planning purposes,” and an assessment of the impacts of sea level rise on the Bay and the shoreline of the City of San Leandro was not completed. Page 4-4 of the DEIR cites cases California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369 and Ballona Wetlands Trust v. City of Los Angeles (2011) 201 Cal.App.4th 455, 473-474 as to why the effects of sea level rise on the proposed project are not subject to CEQA review. Some specific evaluation of sea level rise is included in the DEIR. On page 4.3-18, sea level rise impacts to and future considerations for a specific portion of the shoreline are acknowledged in proposed General Plan Update Action OSC-6.5.C: Dredge Materials Management Site: “Consider restoration alternatives for the former Dredge Materials Management Site located east of the Tony Lema Golf Course and north of the Shoreline C01-02 cont. C01-03