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4A Presentation 2018 0618
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4A Presentation 2018 0618
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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6/18/2018
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Application Process <br />There is not a specified application for Incidental Take Permit process, but there is a set of required <br />information. This information is typically placed into a report-style document. The required <br />information would include: <br />• Project description, location, and site plan <br />• Common and scientific names of species to be covered and status under CESA <br />• Analysis of impacts of proposed taking on the species <br />• Analysis of whether issuance of incidental take permit would jeopardize continued existence of a species <br />• Proposed measures to minimize and fully mitigate the impacts of proposed take <br />• A proposed plan to monitor compliance with the minimization and mitigation measures and the effectiveness of the measures <br />• Payment of fees (based on project cost) <br /> Schedule <br />Review and issuance of an Incidental Take Permit can take eight to 10 months. <br />4.4 Bay Conservation Development Commission <br />BCDC has two jurisdictional areas: within the Bay (below mean high water) and the 100-foot <br />shoreline band (100 feet inland from mean high water). Areas with tidal marshland are measured <br />differently. However, the project site does not have tidal marshland, therefore the mean high water <br />line is the boundary between the Bay jurisdiction and the start of the 100-foot shoreline band. <br />BCDC has three different permit types: Major Permit, Administrative Permit, and Region-wide <br />Permit. As originally proposed, the project would have required a Major Permit as a result of the <br />scope of the improvements. Although the project’s building footprint within BCDC’s jurisdiction has <br />been significantly reduced, because of the overall size of the site, it is anticipated a Major Permit <br />will still be required. <br /> Applicability <br />Improvements in and around the San Leandro Marina are covered by more than a half a dozen <br />BCDC permits, each with multiple amendments, spanning more than 40 years. Two of the permits <br />(1978.006.07 and 1989.014.05) speak to abandonment and removal of facilities. However, both <br />define abandoned as a period of two years or more, or if the harbor improvements have <br />deteriorated to the point that public health, safety or welfare is adversely affected. Therefore, it is <br />unclear if removal of the harbor facilities could occur under these existing permits, or if they would <br />be covered under amended or new permits. <br />A permit from BCDC is required for all work within the Bay jurisdiction and 100-foot shoreline band. <br />The Shoreline Development project proposes improvements both within the Bay and 100-foot <br />shoreline band. <br />31
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