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3 Consistency with Adopted Plans 3 CONSISTENCY WITH ADOPTED PLANS In conformance with Section 15125(d) of the CEQA Guidelines, the following section discusses the consistency of the proposed project with relevant adopted plans and policies. 3.1 AIRPORT LAND USE COMMISSION – CURRENT AND DRAFT COMPREHENSIVE LAND USE PLANS The Airport Land Use Commission (ALUC) develops comprehensive land use plans to provide for the orderly growth of the area surrounding each airport within the County. Although the ALUC has no jurisdiction over existing land uses, its role is to ensure that new land uses or other proposed actions are compatible with the Airport environment. The Santa Clara County ALUC has adopted a Land Use Plan for those areas in the vicinity of Norman Y. Mineta San José International, Reid-Hillview, Palo Alto, and South County airports. The current Land Use Plan was adopted in September 1992 and most recently amended in November 2008.2 The goal of the adopted Land Use Plan is to ensure that new land uses near the airports are such that the public’s exposure to excessive noise and safety hazards are minimized. The adopted Land Use Plan includes policies that set forth maximum noise exposure levels. It also includes safety zones that limit the type and density of development and building heights near airports. The City’s eastern border is adjacent to the Norman Y. Mineta San Jose International Airport. Portions of Santa Clara, including several of the Focus Areas, as further described in Section 4.1 Land Use, 4.13 Hazards, and 4.14 Noise, fall within the noise restriction area and height restriction area, as defined in the adopted Land Use Plan. The final draft of the updated Comprehensive Land Use Plan (CLUP) for the Norman Y. Mineta San Jose International Airport was completed in February 2010 and is expected to be adopted by the ALUC in summer 20103. This final draft CLUP includes updated land use compatibility policies and standards. Portions of Santa Clara, as further described below, fall within the Airport Influence Area (AIA), which is a composite of the areas surrounding the Airport that are affected by noise, height, and safety considerations. Portions of Santa Clara, including several of the Focus Areas, as further described in Sections 4.1 Land Use, 4.13 Hazards, and 4.14 Noise, fall within the noise restriction area, height restriction area, and safety restriction area, as defined in the final draft CLUP. This means that the ALUC is required to review the proposed project for consistency with its Land Use Plan. Recommendations made by the ALUC are advisory, not mandatory. Nevertheless, if the ALUC determined that the proposed project is inconsistent with the Land Use Plan, there must be a two-thirds vote by the Santa Clara City Council to override the ALUC’s determination. Override votes must be accompanied by specific findings. Consistency: As part of the prerequisites of the proposed Draft 2010-2035 General Plan and prior to approval of residential development in any Focus Area, a comprehensive land use plan will be completed for each Focus Area, which will specify the location of land uses within the 2 Land Use Plan for Areas Surrounding the San Jose International Airport. Adopted by Airport Land Use Commission September 1992, amended October 2007 and November 19, 2008. Accessed May 25, 2010. Available at:http://www.sccgov.org/SCC/docs/Planning, percent20Office percent20of percent20(DEP)/attachments/ALUC/San percent20Jose percent20International percent20Airport/SJC percent20Adopted percent20Land percent20Use percent20Plan percent2011-19-08.pdf 3 Santa Clara County Airport Land Use Commission. 2010. Final Draft Comprehensive Land Use Plan Santa Clara County Norman Y. Mineta San Jose International Airport. February 17, 2010. 2010-2035 General Plan 75 Draft EIR City of Santa Clara July 2010 Consistency Focus Area. As part of the Safety Policies of the proposed Draft 2010-2035 General Plan, the land use plan will address the location and design of development within Airport Land Use Commission jurisdiction for compatibility with the adopted Airport Land Use Plan and discourage schools, hospitals, sensitive uses, from locating within specified safety zones for the Airport as designated in the adopted Airport Land Use Plan. The proposed Draft 2010-2035 General Plan also includes Safety policies to address new development consistency with the Surfaces height restrictions. As part of the Noise Policies of the proposed Draft 2010-2035 General Plan, the land use plan will implement measures to reduce interior noise levels and restrict outdoor activities in areas subject to aircraft noise in order to make Office/Research and Development (R&D) uses compatible with the Airport land use restrictions. The City will also continue to encourage safe and compatible land uses within the Airport noise restriction area and work with the Airport to implement mitigation from aircraft noise to the fullest extent possible. The City will require that individual development projects undergo project-specific environmental review. If significant project-level aircraft noise impacts are identified, evaluation of specific mitigation measures will be required under CEQA. The City will submit the proposed Draft 2010-2035 General Plan, prior to adoption, to the ALUC for a consistency determination as required by State law. The policies and criteria in the proposed Draft 2010-2035 General Plan are consistent with the portion of the Land Use Plan that affects land use within the City. The compatibility of the development and redevelopment under the proposed Draft 2010-2035 General Plan with the adopted Land Use Plan will be managed by the City consistent with City adopted regulations and policies, in combination with State regulations. 3.2 SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD BASIN PLAN The San Francisco Bay Regional Water Quality Control Board (Water Board) regulates surface water and groundwater quality in the Region. The area under the Water Board's jurisdiction comprises all of the San Francisco Bay segments extending to the mouth of the Sacramento-San Joaquin Delta (Winter Island near Pittsburg). By law, the Water Board is required to develop, adopt (after public hearing), and implement a Basin Plan4 for the Region. The Basin Plan is the master policy document that contains descriptions of the legal, technical, and programmatic bases of water quality regulation in the Region. The first comprehensive Basin Plan for the Region was adopted by the Water Board and approved by the State Water Board in April 1975. Subsequently, major revisions were adopted in 1982, 1986, 1992, 1995, 2002, 2004, and 2007. The Basin Plan provides a definitive program of actions designed to preserve and enhance water quality and to protect beneficial uses in a manner that will result in maximum benefit to the people of California. The Basin Plan also: • Provides a basis for establishing priorities as to how both State and federal grants are disbursed for constructing and upgrading wastewater treatment facilities; • Fulfills the requirements of the Porter-Cologne Act that call for water quality control plans in California; • Provides a basis for the Water Board to establish or revise waste discharge requirements and for the State Water Board to establish or revise water rights permits; 4 San Francisco Bay Regional Water Quality Control Board. 2007. San Francisco Bay Basin (Region 2) Water Quality Control Plan (Basin Plan). January 2007. 2010-2035 General Plan 76 Draft EIR City of Santa Clara July 2010 Consistency • Establishes conditions (discharge prohibitions) that must be met at all times; • Establishes or indicates water quality standards applicable to waters of the Region, as required by the federal Clean Water Act; and • Establishes water quality attainment strategies, including total maximum daily loads (TMDLs) required by the Clean Water Act, for pollutants and water bodies where water quality standards are not currently met. Consistency: New impervious surface from redevelopment and development under the proposed Draft 2010-2035 General Plan can increase the delivery of polluted runoff to area storm drains and ultimately to San Francisco Bay, as further described in Section 4.4 Hydrology and Water Quality. All construction will conform to the requirements of the Municipal Regional Storm water National Pollutant Discharge Elimination Systems (NPDES) Permit regarding erosion and sedimentation control during construction. In addition, individual projects will be required to manage discharge of storm water runoff under the Clean Water Act, through the preparation and implementation of a Storm water Pollution Prevention Program (SWPPP), which addresses appropriate measures for reducing construction and post construction impacts. The proposed Draft 2010-2035 General Plan also includes updated policies that address storm water runoff and water quality. With the regulatory programs currently in place, and the proposed Draft 2010- 2035 General Plan polices, it is foreseeable that redevelopment could, in many cases, reduce potential impacts of accelerated runoff after construction is complete. Sites for redevelopment may not currently include features and improvements that address storm water runoff, and with the new proposed Draft 2010-2035 General Plan policies, the redevelopment of these sites will include the improvements and features to address storm water runoff, thus reducing the runoff on the site after construction is complete. Therefore, the proposed Draft 2010-2035 General Plan is consistent with the Basin Plan. 3.3 BAY AREA AIR QUALITY MANAGEMENT DISTRICT CLEAN AIR PLAN 3.3.1 Bay Area 2005 Ozone Strategy The Bay Area Air Quality Management District (BAAQMD), in cooperation with the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG), prepared the Bay Area 2005 Ozone Strategy (Ozone Strategy) 5. The Ozone Strategy serves as a roadmap showing how the San Francisco Bay Area will achieve compliance with the State one-hour air quality standard for ozone as expeditiously as practicable and how the region will reduce transport of ozone and ozone precursors to neighboring air basins.
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