Baylands Planning Subarea

Frequently Asked Questions (FAQ)

I.          Where is the Baylands and what are the geographic boundaries of this area?  Who owns the property?

The Baylands Subarea as defined in the City’s General Plan is a 600-plus acre area bordered on the west by Bayshore Blvd, north by the City and County of San Francisco, east by  U.S. 101 causeway, and south by the southern end of the Lagoon.

The property is primarily owned by Universal Paragon Corporation (UPC).  Other owners include Sierra Point Lumber and Kinder-Morgan (Tank Farm).  The Specific Plan application has been submitted by UPC, and does not include the Tank Farm property.

II.        What is a Specific Plan?

 The Specific Plan is a step below the General Plan in the land use approval hierarchy, and is used for the systematic implementation of the General Plan for particular geographical areas.

The adopted Specific Plan must be consistent with the General Plan.  Zoning Ordinances, subdivisions, public works projects, and development agreements within the Specific Plan area all must be consistent with the adopted Specific Plan. 

When adopted by the City Council, the Specific Plan will become an official city planning document as is the General Plan, and future development of the site must be consistent with the Specific Plan.  Any subsequent land owner will be subject to the Specific Plan.

Contents

The requirements for a Specific Plan are established under State law.  A Specific Plan must include text and a diagram or diagrams that specify all of the following in detail:

•  Distribution, location and extent of land, including open space, within the area covered by the plan.
•  Proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
•  Standards and criteria by which development will proceed and, where applicable, standards for conservation, development, and utilization of natural resources.
•  A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the matters listed above.

III.       What is the Process for Review and Approval of a Specific Plan?

The Processing of a Specific Plan involves a number of steps, which are outlined below.

1.  Preliminary draft Specific Plan submitted to the City by developer. (Done)
2.  City reviews preliminary draft Specific Plan for completeness.  Review for completeness means ensuring that the document contains all required information as described in Question II to allow for a full and comprehensive review of the document.  The review for completeness does not involve changing the substantive content of the proposed Specific Plan, nor does it involve evaluating the plan for purposes of recommending approval or denial of the plan or the elements included therein.  (Done 2/21/06)
3.  Once the draft Specific Plan is deemed complete, the environmental process pursuant to the California Environmental Quality Act (CEQA) will commence.  This involves preparation of an environmental impact report (EIR) to asses the potential environmental impacts of the Specific Plan, and to identify mitigation measures to minimize any such impacts.  The EIR process begins by determining the scope (i.e. topics to be addressed) of the forthcoming EIR, as well as to define alternatives to the Specific Plan which will be addressed in the EIR.  The EIR process is described in further detail in Question VIII. (Ongoing)
4.  Once the draft EIR is completed, the EIR and Specific Plan will be made available for public review and comment, followed by public hearings before the Planning  Commission and City Council, as detailed in the attached flowchart.

V.        What meetings have happened so far, how can I get information on these meetings?

A complete listing of meetings held and activities undertaken is shown in the Sequence of Events webpage.  General meeting minutes are available from the "Council, Commissions, Committees" link on the main City webpage.

VI.     What is the process in place for review of the Specific Plan?

Development review is a long and involved process.  In Brisbane we have a history and tradition of thorough and comprehensive review.  Nothing illustrates this more than the City Council’s decision to open up the initial process of determining application completeness project and definition to public input.

 The process is entirely under the purview of the City of Brisbane and can be organized and changed to meet the needs of the community.

VII.    What is involved in the Environmental Review Process?

 The City of Brisbane has determined that an Environmental Impact Report (EIR) is required to identify the potential environmental impacts of the project.  The City has hired a team of environmental consultants to prepare the EIR.

Consultants are hired by and work for the City of Brisbane.  The scoping process described above will identify the issues the EIR will address, including project alternatives to be studied in the EIR.  The California Environmental Quality Act (CEQA) provides direction to us regarding the areas to study.  In addition to environmental impacts of the proposed project, the EIR will review environmental issues of project alternatives including a “no project” alternative.

Topics to be reviewed by the EIR include but are not limited to: 

• Transportation
• Toxic Remediation
• Air Quality
• Hydrology/Water Quality
• Hazards and Hazardous Materials
• Public Services
• Recreation
• Utilities/Service Systems
• Biological Resources
• Geology/Soils

These alternatives are an important aspect of the EIR.  The EIR is also required to evaluate alternatives to the project.  These alternatives are an important aspect of the EIR and the City has undertaken an open and public process to ensure that the alternatives under consideration reflect the community’s vision.  The process of developing alternatives is still underway.

 In addition to the EIR, the City will require a comprehensive analysis of financial impacts and opportunities.  These will include: 

• Potential new revenue 
• Cost of new services – These will include traditional services such as police and fire, water and sewer, as well as potential new services such as open space management. 
• Funding mechanisms – these will include assessment districts, special districts, etc. 
• Financing of Capital Projects – Major capital improvements such as the Candlestick Interchange and Geneva Avenue extension will require multiple funding sources.  The Specific Plan will need to commence the process of identifying a plan to fund these improvements and identify timing of constructing projects.

VIII.            Who pays the cost of all the City time for processing this development request?

 The City of Brisbane and Universal Paragon Corporation have entered into a reimbursement agreement where the applicant will pay the full cost of processing this application.  This includes all consultant costs as well as staff time involved in reviewing applications, attending meetings, drafting documents and any other activity associated with processing the applications for development approvals.  To ensure that the City receives impartial advice, any advice, any needed consultants and experts will be hired and paid by the City and their work reviewed and approved only by the City.  The developer, however, is to reimburse the City for these costs.

In addition, the applicant has provided sufficient funds to the City for the City to hire an experienced professional planner to augment the planning staff.

IX.              How does the General Plan direct what happens on this development?

 The Specific Plan(s) and subsequent PD permits must be demonstrated to be consistent with the General Plan.  In review of the completeness of the application and project description, the staff, city council, and public have addressed various aspects of General Plan conformance.  These comments will be addressed by the applicant and will be subject to ongoing review throughout the process.

X.            How is the minimum 25% open space determined?

 A minimum of 25% of the Baylands Subarea is required by the General Plan to be Open Space and/or open areas.  This is a requirement of the entire Subarea regardless of ownership.  UPC, as the primary property owner and the applicant, will need to address this issue. 

Open Space and open areas are defined in the General Plan as the following:

“For the purposes of the 1994 Brisbane General Plan, the land designation ‘Open Space’ is reserved for lands that are essentially unimproved and dedicated or proposed to be dedicated to the public for outdoor recreation and/or the preservation of biotic communities.  Aquatic areas that are in whole or part in private ownership, such as the Brisbane Lagoon, are not designated Open Space….”  Areas of land that are essentially unimproved and which are in private ownership are called “open areas.”

XI.          What controls does the City have over development in the Baylands Subarea?

 The City of Brisbane City Council, with input from the citizens, has complete authority over any and all development in the Baylands.  Adoption of a Specific Plan is a legislative action and is subject to the discretion of the City Council, that is, the Council may adopt, modify or deny the Specific Plan.

After a Specific Plan is adopted the process requires a developer to submit a Planned Development Permit (PD) for consideration.  The application for a PD permit will be the subject of further public hearings by the Planning commission and the City Council.  Issuance of the PD permit is required to authorize any development.  The PD permit must be consistent with the Specific Plan.

 Section 17.28.040 (B) reads as follows: 

“The city council may either grant or deny the application for PD permit.  The city council may also, in its discretion, refer the application or any portion thereof back to the planning commission for such further proceedings thereon as may be directed by the city council.”

Section (C) reads as follows:  

“If granted, the PD permit may be revocable, may be granted for a limited period of time, and may be granted subject to such conditions as imposed by the city council.”

XII.    What role do nearby cities and counties play in this development?

 While the City of Brisbane has final discretionary authority, our nearby cities and the County will be asked to comment on the Environmental Impact Report.  Additionally, the City of Brisbane has been working for several years with Daly City, San Francisco and San Mateo County on regional transportation planning.  We hope to work cooperatively with our neighbors to develop a quality and community-based project.

XIII.   What happens if the City and land owner/developer do not agree on the Specific Plan?

Although the land owner submitted the application for the Specific Plan as required under the 1994 General Plan, the Specific Plan is under the purview of the City of Brisbane which has sole discretionary authority to adopt, deny or modify the Specific Plan.