SFPUC 2001 Alameda Watershed Management Plan

CHAPTER IIIENVIRONMENTAL SETTING AND IMPACTSA. EXISTING PLANS AND POLICIES1.0 INTRODUCTIONThe Alameda Watershed Management Plan is subject to the planning regulations of a variety ofpublic agencies. This section describes those agencies, their relevant policies, and the nature oftheir purview. In addition, this section identifies existing land use plan requirements as stated inrelevant policy documents.2.0 LOCAL AGENCIESThe City and County of San Francisco, as a chartered city and county, and its SFPUC, as a publicutility, receive intergovernmental immunity under California Government Code Sections 53090et seq. Such immunity exempts the extraterritorial lands owned by City and County of SanFrancisco through its SFPUC, from the planning and building laws of a city or county in whichthose lands are located. Thus, the zoning and building codes, general plans, specific plans, andother planning and building policies of Alameda County, Santa Clara County, and the East BayRegional Park District (EBRPD) do not apply to the Alameda Watershed Management Plan.Under Government Code Section 65402(b), Alameda and Santa Clara Counties are entitled toreview and determine the consistency of a project on the Watershed with the applicable generalplan prior to construction of any structures contemplated under the Management Plan, althoughthe Counties’ determinations are not binding on San Francisco. Development of non-SFPUCproperty surrounding the Watershed, however, would be subject to the planning and buildinglaws of the local jurisdiction. In addition, the SFPUC has control over the management, use, andcontrol of its Watershed lands under the San Francisco City Charter, Section 4.112. SanFrancisco’s planning and building laws, to the extent that they apply to San Francisco’sextraterritorial lands, could be applicable to the Watershed lands, as long as they do not conflictwith the SFPUC’s Charter responsibilities.In addition, the City leases land in the Sunol Valley to aggregate mining operators. Under thestate Surface Mining and Reclamation Act (SMARA), local governments may enact ordinancesregulating mining within their jurisdictions. San Francisco has no SMARA ordinance, as thereare no mining operations within San Francisco proper. Consequently, the City’s Sunol Valleymining lessees have been required to obtain surface mining permits under Alameda County’sSMARA ordinance. San Francisco’s mining leases incorporate the terms and conditions of themining permits issued by Alameda County and may impose additional requirements.NOP 96.223E: Alameda Watershed Management Plan III.A-1 ESA / 930385January 2001