AgdaPkt 2010-02-01 clsd and regular

Browse Search

7A - ATTACHMENT NO.2 Page 24 Access. The policies and goals set forth in the statute and the Bay Plan provide that "maximum feasible public access, consistent with a proposed project, should be provided." (Gov. Code, ~ 66602.) The Bay Plan likewise calls for "maximum feasible public access. . . in and through every new development in the Bay or on the shoreline." BCnC can authorize a proposal if the project provides the maximum feasible public access to the bay consistent with the project. Where physical access cannot be provided, a project should ensure maximum visual access to the bay. Consistent with these policies, BCnC has authority to require a project to provide, as a condition of its permit, pathways, benches, landscaping, and other public access amenities. BCnC can deny the permit if the required public access is not provided as part of the project. (Gov. Code, ~ 66632.4.) Port priority uses. BCnC has designated certain sites around the bay as appropriate for "port priority uses." (BCnC, San Francisco Bay Area Seaport Plan (2003) ("Seaport Plan"),) One such area is the Port of Redwood City. The Saltworks project site is located outside of the "port priority use" area for the Port of Redwood City. (Seaport Plan, Figure 5.) The port priority policies adopted by BCnC therefore do not apply directly to the Saltworks project. The Saltworks site is, however, located adjacent to the port. The Seaport Plan states: "Local governments and the Bay Area ports should protect port priority use areas for marine terminals and other directly related port activities through their land use planning and regulatory authority." (Seaport Plan, p. 9.) The Seaport Plan therefore directs the City of Redwood City to consider the impacts on the port from development proposed nearby. Sea level rise. In recent years, BCnC has devoted significant attention to climate change, the potential for sea level rise, and potential impacts on the shoreline of the bay. BCnC has prepared studies examining the potential effect of sea level rise on the bay area. BCnC may adopt policies concerning this issue; these policies would then apply to BCnC's permitting decisions. 7 If the project moves forward, we recommend ensuring that the City consults with BCnC regarding how to incorporate this issue into the EIR for the project. 7 / State policy concerning climate change also addresses the potential for sea level rise, and the extent to which agencies should consider sea level rise in their permitting decisions. In particular, on December 2, 2009, the Natural Resources Agency published the "California Climate Adaptation Strategy" ("CAS"). Among other things, the policy directs State agencies to "consider project alternatives that avoid significant new development in areas that cannot be adequately protected (planning, permitting, development, and building) from flooding or erosion due to climate change." (CAS, p. 73.) 24