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SAN LEANDRO GENERAL PLAN UPDATE FINAL EIR CITY OF SAN LEANDRO COMMENTS AND RESPONSES 5-20 AUGUST 2016 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response 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. C01-03 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 Marshlands. Planning for this area should consider potential impacts related to sea level The comment correctly states that page 4-4 of the Draft EIR cites the California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369 (CBIA), Ballona Wetlands Trust v. City of Los Angeles (2011) 201 Cal.App.4th 455, 473-474 (Ballona) cases in explaining why sea level rise impacts on the proposed project are not subject to CEQA review. The comment states that sea level rise impacts to the San Leandro shoreline, including the proposed zoning changes and preliminary components in the San Leandro Shoreline Development Project should be analyzed. The Shoreline Development Project was the subject of an EIR certified in July 2015 (SCH #2013072011). The Shoreline Development Project EIR predates the CBIA case and includes an evaluation of sea level rise impacts. The proposed San Leandro 2035 General Plan does not propose any change to the Shoreline project land use designations, and analyzes the site under its current land use designations. Proposed Zoning Code amendments are described in Appendix B and do not include any map changes within the BCDC jurisdiction. Nevertheless, the City agrees with the commenter on the importance of planning adequately and proactively for sea level rise. Accordingly, the proposed Plan includes action programs targeting planning on a development project level, and equally important, on a citywide level. As stated on page 4-4 of the Draft EIR, "Given San Leandro’s location on the San Francisco Bay shoreline, the City recognizes that sea level rise is a local issue of concern." The proposed Plan states on page 7-14, "In the future, sea level rise risk assessments will be required for projects in areas where the long-term risk of coastal flooding is present. Such assessments will need to address the likelihood of flooding and the need for shoreline improvements such as levees and seawalls. The City itself will need to engage in adaptation planning to protect public and private property in vulnerable areas." Proposed General Plan Action LU-9.4.B is to, "Ensure that future development at the shoreline takes place in an environmentally sensitive manner, taking into consideration the potential effects of rising sea levels." Sea level rise is