COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

DATE:

August 30, 2010

BOARD MEETING DATE:

September 14, 2010

SPECIAL NOTICE/HEARING:

Noticed

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Jim Eggemeyer, Community Development Director

SUBJECT:

EXECUTIVE SUMMARY: Public hearing to consider a request by the San Francisco Public Utilities Commission (SFPUC) for a determination that the Harry Tracy Water Treatment Plant Long-Term Improvements Project conforms to the County General Plan. (Appeal of the decision of the Planning Commission that the project conforms with the General Plan.)

RECOMMENDATION:

1.

Deny the appeal and uphold the decision of the Planning Commission that the project conforms with the County General Plan; and

2.

Find that the Harry Tracy Water Treatment Plant Long-Term Improvements Project conforms with the County General Plan by making the findings included at the end of this report.

BACKGROUND:

The SFPUC is requesting that the County determine if the SFPUC’s proposed Harry Tracy Water Treatment Plant (HTWTP) Long-Term Improvements Project conforms to the County General Plan. (Appeal of the decision of the Planning Commission that the project conforms with the County General Plan.)

SUMMARY:

The SFPUC is making significant improvements to its Harry Tracy Water Treatment Plant as part of its Water System Improvement Program. The HTWTP treats water leaving the San Andreas Reservoir for use by customers in San Francisco and San Mateo Counties. The improvements are necessary in order to increase water delivery reliability and improve seismic safety, as one of the existing treated water reservoirs lies on an earthquake fault and much of the facility is in need of seismic upgrade. The relocation of the water reservoir will require removal of the Skyline Stables, a private equestrian facility that has operated under lease from the SFPUC for a number of years. The California Government Code requires the SFPUC to request that San Mateo County determine if the project complies with the County’s General Plan.

On June 30, 2010, the Planning Commission considered the request for a General Plan Conformity determination and concluded that the project does conform with the General Plan. Several speakers testified at the hearing regarding the removal of the horse stables, noise, lighting, and airborne pollution, and the Commission made two recommendations to the applicant and findings in response to these concerns. The Planning Commission’s decision was appealed to the Board of Supervisors by Skyline Stables, which disagreed with the conclusion that the project conforms to the relevant Park and Recreation policy in the General Plan. Mr. Joseph Graff, a Millbrae resident, also wrote a letter appealing the Planning Commission’s determination, citing lighting, noise, and pollution.

Planning staff has analyzed the DEIR for the project, as well as a large volume of material provided by the appellants, in relation to the policies contained in the General Plan. Staff’s analysis concludes that the mitigation measures included in the DEIR would reduce project impacts related to nighttime construction lighting, noise, and air pollution to less than significant levels for the portions of the project which are within the unincorporated County. The same is true for all potential impacts related to vegetative, water, wildlife and soil resources, cultural resources, solid waste, and other man-made hazards. These mitigation measures are similar to or exceed measures that would be required by the County were it to issue permits for the project, and are thus in conformance with the relevant General Plan policies.

The project also conforms with the relevant park and recreation policy of the General Plan because; the General Plan does not, in fact, define the SFPUC itself as a provider of park and recreation facilities; the relevant General Plan policy is a direction to the County to encourage providers to protect, operate and maintain recreation systems, not a mandate to the park and recreation facility provider to maintain and/or replace them; the SFPUC has worked in good faith to try and identify alternative locations for the displaced horse operations; and the County has by its actions and policies thus far encouraged the park and recreation provider to make provisions to protect, operate and maintain such recreation systems. Continued use of this site as a water treatment plant conforms with the General Plan land use designation of General Open Space, and the project also furthers the water supply policies of the General Plan.

The determination that this project conforms with the General Plan contributes to the Shared Vision 2025 outcome of a Livable Community by ensuring an adequate and safe water supply, thus promoting a livable community.

County Counsel has reviewed and approved these materials as to content and form.

FISCAL IMPACT:

The determination of General Plan conformity should have no fiscal impact.