DATE: December 5, 2017
SUBJECT:
Title
PRESENTATION AND DIRECTION TO STAFF ON THE PORT MASTER PLAN UPDATE REGARDING THE FOLLOWING TOPICS:
A) PLANNING DISTRICT 5 (NATIONAL CITY BAYFRONT) DRAFT POLICY CONCEPTS AND UPDATED LAND AND WATER USE MAP
B) PLANNING DISTRICT 4 (WORKING WATERFRONT) DRAFT POLICY CONCEPTS AND UPDATED LAND AND WATER USE MAP
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EXECUTIVE SUMMARY:
Since 2013, the District has been evolving and improving a process, which we have all come to know as Integrated Planning. In short, Integrated Planning is a multi-faceted and comprehensive approach for managing and planning the uses and business of the District in a balanced way. Although Integrated Planning is an approach and philosophy that will permeate numerous plans and processes at the District, one critical and current focus area is an update to the District’s Port Master Plan. The first comprehensive revision in the District’s history, the Port Master Plan Update (PMPU) is a comprehensive, integrated, baywide approach that will modernize our method for land and water planning and serve as a guide for future uses and development of District tidelands. The PMPU will connect the tidelands through a series of networks and Planning Districts. It will control the allowable land and water uses, including the type and characteristics of development, recreation, and environmental conservation throughout the District’s jurisdiction.
Based on the Integrated Planning Vision, including the Guiding Principles and Framework Report, and the draft PMPU Goals endorsed by the Board at this year’s PMPU workshops, staff will present concepts to illustrate open space or development character that may take the form of draft policy language to be contained within the following Planning Districts:
• Planning District 5 (National City Bayfront)
• Planning District 4 (Working Waterfront)
Staff’s preliminary draft presentation is included as Attachment A to provide the Board and the public time to review the discussion materials in advance.
Each of the above topics will be presented and discussed individually to allow for clarifying questions and interactive dialogue with the Board regarding each Planning District. Although this PMPU item will take place during a regular Board meeting, staff intends to follow the discussion structure utilized during the Board workshops held earlier in the year. This approach will allow the Board to receive staff’s presentations, hear from the public and stakeholders, and provide feedback to staff as the drafting of the PMPU progresses.
RECOMMENDATION:
Recommendation
Receive staff’s presentation and provide direction to staff on the Port Master Plan Update regarding the following topics:
A) Planning District 5 (National City Bayfront)
Draft Policy Concepts and Updated Land and Water Use Map
B) Planning District 4 (Working Waterfront)
Draft Policy Concepts and Updated Land and Water Use Map
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FISCAL IMPACT:
Funds for work associated with the Port Master Plan Update effort are budgeted in the Planning Department’s FY 2018 Professional Services expense account (#620100).
Compass Strategic Goals:
This agenda item supports the Strategic Goals adopted by the Board in 2012. The Integrated Planning efforts, including the PMPU, will bring the District’s current practices into conformance with best management practices with considerations of sustainable fiscal growth for the District and environmental stewardship while proactively enhancing assets on tidelands and benefits to the public.
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A thriving and modern maritime seaport.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
Holistic Planning Through Public Engagement
The PMPU process is in the third phase of a five-phase, seven-year work plan. The five-phased work plan began with laying the foundation of the PMPU with acceptance of the Integrated Planning Vision Statement and Guiding Principles in the first phase, followed by acceptance of the Integrated Planning Framework in the second phase (collectively referred to as the “Integrated Planning Vision”). The phased work plan has allowed the PMPU team to continue to build a comprehensive update to the Port Master Plan from the ground up in a transparent and inclusive way that has included a balance of Board and public engagement throughout the planning process. This approach will continue with the public engagement plan for the draft PMPU.
The summary below shows the five major phases of the work plan:
• Vision Process: Guiding Principles (Completed). The initial phase included a high-level assessment of District-wide assets and extensive public engagement resulting in a foundational Vision Statement and Guiding Principles for the entire Integrated Planning framework.
• Framework Report (Completed). The Vision Process was further refined through consideration of a core set of comprehensive ideas, memorialized in a Framework Report, that is informing the development of the Draft PMPU document.
• Draft the Port Master Plan Update (In Progress). The current phase involves drafting the “Draft PMPU” document, which will ultimately be comprised of goals, policies and maps.
• California Environmental Quality Act (CEQA) Environmental Review (In Progress). Creation of the draft PMPU will be followed by conducting the requisite “CEQA Environmental Review.” Preliminary environmental review work has begun.
• California Coastal Commission Certification. If the Board certifies the Programmatic Environmental Impact Report (PEIR) and adopts the PMPU, it will be processed for “California Coastal Commission Certification,” with minor approvals thereafter, including the Board’s approval of the PMPU as certified by the California Coastal Commission and lastly, the Coastal Commission’s approval of the final PMPU after the Board’s approval of the PMPU as certified by the California Coastal Commission.
All of these steps have or will require public input, stakeholder outreach, and agency coordination throughout.
Recap on the Draft PMPU Contents
As a refresher, the draft PMPU is proposed to include six topical sections, or elements, that provide baywide guidance related to Land and Water Use, Mobility, Coastal Access and Recreation, Natural Resources, Resiliency and Safety, and Economic Development. Within each element, there are goals and policies being drafted consistent with the proposed draft table of contents endorsed by the Board at the July 22, 2015 Integrated Planning Study Session. The elements will also contain and address cross-connecting themes like environmental justice, climate change, and the Green Necklace. The PMPU team has utilized the robust public feedback obtained during the Integrated Planning process as the basis for drafting the goals and policy language to be contained within the draft PMPU elements.
The PMPU is also proposed to contain ten Planning Districts, and application of the baywide goals and policies established by the six baywide elements will vary Planning District by Planning District, as appropriate. Each of the ten Planning Districts will contain more geographic-specific goals, policies, and land and water use maps intended to: 1) implement applicable baywide policies; 2) create development requirements tailored to the unique characteristics of each Planning District; and 3) implement the land and water use designations within those geographic areas. The draft policies for each Planning District will build on the corresponding goals and will be more granular in nature than the baywide element policies. The draft policies, both baywide- and Planning District-level will be available for the Board and public’s review during the Discussion Draft PMPU review period.
2017 PMPU Board Workshops and Completed Milestones
The first of three Board workshops on the draft PMPU was held on March 9, 2017. Workshop No. 1 focused on the proposed organizational structure of the updated Port Master Plan, the proposed consolidated land and water use designations, and the draft goals for the Land and Water Use Element.
Board Workshop No. 2 was held on April 27, 2017, and concentrated on draft goals for the Mobility Element, draft goals for the Economic Development Element, and draft goals and draft land and water use maps for the ten Planning Districts.
On May 25, 2017, during Workshop No. 3 draft goals for the Resiliency and Safety Element, draft goals for the Natural Resources Element, and draft goals for the Coastal Access and Recreation Element, were discussed. Staff also presented preliminary draft PMPU baywide recreation open space acreage allocations.
Staff received considerable feedback from the public, stakeholders, and Board during these workshops, which is being taken into account as the drafting of the PMPU continues. Notably, completion of these three workshops resulted in clear direction to staff on all the draft PMPU element goals, which set the stage and context for the current policy discussions. Furthermore, as often mentioned during these workshops, drafting of PMPU materials discussed is iterative and the document will continue to be revised as staff receives public, stakeholder, and Board feedback.
Additionally, policy concepts for each of the Baywide Elements were presented to the Board on August 8 and November 14, 2017. In August, the Mobility, Economic Development, Resiliency and Safety, and Natural Resources elements were presented and discussed. The Land and Water Use and Coastal Access and Recreation elements are scheduled for presentation and discussion on November 14, 2017. Work on each Baywide Element and associated policy concepts have been used to inform preparation of policy concepts and maps for the Planning Districts components of the draft PMPU.
PMPU Planning District Policy Concepts and Land and Water Use Maps
Based on the Integrated Planning Vision, including the Guiding Principles and Framework Report, and the draft PMPU Goals for Elements and Planning Districts and baywide policy concepts endorsed by the Board at this year’s PMPU workshops and Board meetings, staff will present concepts to illustrate open space and development character that may take the form of draft policy language to be contained within the following Planning Districts:
• Planning District 5 (National City Bayfront)
• Planning District 4 (Working Waterfront)
A preliminary draft of staff’s presentation has been included as Attachment A to provide the Board and the public time to review the discussion materials in advance of the December 5, 2017, Board meeting. As a part of the presentation, staff will present policy concepts and updated land and water use maps for the Planning Districts described below to obtain feedback from the Board and the public. The policy concepts and updated land and water use maps represent the newest material staff will be presenting to the Board. Please note, however, that the policy concepts presented are not all-inclusive and that other polices and policy concepts will be presented in the Discussion Draft PMPU. A reference map of the Baywide Planning Districts and Sub-Districts is included as Attachment B. In addition, the draft Land and Water Use Designations Table (Attachment C) and the draft Glossary of Commonly Used Terms (Attachment D) are included for reference. The District’s Transition Zone Policy (BPC Policy No. 725) is also included for reference as Attachment E due to its relevance to these two Planning Districts.
Planning District 5 (National City Bayfront)
The National City Bayfront Planning District is home to the National City Marine Terminal (NCMT), an advanced Roll-on/Roll-off facility. It is a national primary port of entry for a range of vehicles, bulk and large project cargo, heavy equipment, and containers. The land and water facilities are a strategic economic hub serving the nation, the region, and the adjacent Naval Base San Diego. A high-level of direct access to heavy rail and major interstate highways support quality movement of goods to, from, and through the NCMT. Visitor-serving commercial activities, recreation and public access facilities, and a marina are located adjacent to the NCMT and provide a valuable connection to the Bay.
The National City Bayfront Planning District includes four proposed sub-districts: Navy Berthing, National City Marine Terminal, North Corridor, and Marina. At the April 27, 2017 PMPU workshop, the Board established the following draft Goals for this Planning District:
• A modernized marine terminal facility that is a vital, global gateway for imports and exports
• Provision and management of vehicle parking through strategic site planning, technological advances, and parking enforcement
• Protected viable marine industrial activities and deep-water berthing that are competitive and flexible in meeting market demand
• Coordinated land uses that provide quality wage jobs for the region in an efficient, safe, and environmentally responsible way
• Activated and safe access to identified public coastal access opportunities that offer people a variety of visitor-serving commercial and recreational activities
Planning District 4 (Working Waterfront)
The Working Waterfront Planning District is home to a highly-productive Marine Terminal facilitating maritime trade operations and providing large-scale water-dependent industrial activities with direct access to heavy rail service, water, and deep water berthing. The Working Waterfront hosts a range of coastal-dependent trade activities and provides for high quality jobs in cargo loading and unloading, goods movement, and shipbuilding and repair for maritime and defense industries, while ensuring public access opportunities are maintained in a safe and responsible manner.
The Working Waterfront Planning District is proposed to include three sub-districts: Tenth Avenue Marine Terminal, Cesar Chavez Park, and Harbor Drive Industrial. Below are draft Goals endorsed by the Board at the April 27, 2017 PMPU workshop:
• A modernized marine terminal facility that optimizes the terminal as a vital, global gateway for imports and exports, while remaining flexible and responsive to future market conditions
• Upgraded facilities and a competitive and sustainable freight movement system that handles cargo in an efficient, safe, and environmentally responsible way
• Convenient and safe access to jobs and identified public coastal access opportunities
• A premier and high-performing center for shipbuilding and ship repair for the defense and maritime industry
• Provision and management of vehicle parking through strategic site planning, technological advances, and parking enforcement
Next Steps
Planning District Policy Concepts and Maps: Staff plans to continue discussions focusing on the draft policy concepts for the remaining Planning Districts, along with updated draft land and water use maps, at upcoming Board meetings. Due to the expected complexity and time needed for these discussions, it is anticipated that an additional two Board meetings will be required to cover Planning Districts 1 through 3 (Shelter Island, Harbor Island, Embarcadero), and 6 (Chula Vista Bayfront).
Public Review of PMPU Discussion Draft: After the conclusion of policy concept discussions with the Board, staff will complete the Discussion Draft PMPU. The Discussion Draft PMPU will be made available for a 45-day review period to provide the Board and the public an opportunity to review the entire draft PMPU document, including the introduction, element goals and policies, and Planning Districts, in a holistic manner. Note that written comments received on the Discussion Draft will be transmitted to the Board and reviewed by the PMPU team. These public comments and Board feedback may result in revisions to the Draft PMPU, which will form the project description for the PMPU DEIR.
PMPU PEIR Project Description: After the completion of the Discussion Draft public review period, staff plans to provide an overview presentation on the updated Draft PMPU based on public review, comment and Board input to date. Staff will also request the Board’s direction to use the Draft PMPU as the project description for the PEIR to be prepared for the PMPU pursuant CEQA.
CEQA and Coastal Commission processing: As a part of the environmental review process, it is anticipated the Draft PEIR will be circulated for public review in late-2018 with the Board’s targeted consideration of the certification of the Final PEIR and approval of the PMPU in mid-2019. Processing of the PMPU with the California Coastal Commission is expected to take place throughout 2019.
As these anticipated milestones are dependent upon the direction received by the Board and the volume and complexity of comments received, the timeline may require adjustment as the PMPU process progresses.
Upcoming Public Engagement Events: District staff is planning a Public Open House event to occur after the completion of the Board’s Planning District discussions. Attachment F, the PMPU Public Engagement Timeline and Drafting Process, depicts all of the PMPU public engagement events as well as the anticipated milestones for the completion of the PMPU.
On-going Stakeholder and Agency Involvement: Throughout the planning process, the PMPU team has held, and will continue to hold, targeted stakeholder and agency meetings to gain feedback on the District’s balanced approach to planning and policy development. The PMPU team has met on regular intervals to discuss the draft PMPU with internal District subject matter experts and staff from several local and regional agencies, including adjacent jurisdictions. Staff will continue proactive engagement with the Board, stakeholders, and the public as a way to advance a well-informed plan and to keep the PMPU on track; although, planning processes are not always predictable. As such, staff will keep the Board informed of any new or unanticipated issues as they arise, along with necessary updates or adjustments to the work plan.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments as presented to it and approves them as to form and legality.
Environmental Review:
This item provides a presentation on the policy concepts and updated draft land and water use maps for Planning Districts 4 and 5 of the draft PMPU. This presentation is informational in nature and is intended to give staff initial and preliminary feedback on the topics being presented. The item and any Board feedback do not constitute an “approval” or a “project” under the definitions set forth in CEQA Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. While the Board may request certain policy concepts, uses and other project components be included, alternatives studied or other direction, such direction to staff will not bind the District to a definite course of action prior to CEQA review. Additionally, Board endorsement of the policy concepts presented does not constitute a binding commitment to approve the PMPU or its contents prior to consideration of the PEIR. These components may be altered through the public engagement process, future Board feedback, and the CEQA process. Full CEQA analysis will be completed prior to the District’s commitment to the PMPU of components thereof, in whole or in part. Moreover, the Board reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the PMPU, including a no project alternative, a statement of overriding consideration, if applicable, and approve or disapprove the PMPU. Those decisions may be exercised in the sole and absolute discretion of the Board. Based on the totality of the circumstances and the entire record, the Board’s direction and action do not commit the District to a definite course of action prior to CEQA review being conducted. Therefore, no further CEQA review is required.
In addition, this informational report allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, this informational report is consistent with the Public Trust Doctrine.
Finally, this informational report to the Board does not allow for “development,” as defined in Section 30106 of the Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations because it will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. If a project is formulated as a result of the informational report, the Board will consider approval of the project and any improvements associated after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Lesley Nishihira
Director, Planning
Planning & Green Port
Attachment(s):
Attachment A: Preliminary Draft Staff Presentation for December 5, 2017 Board Meeting Agenda File No. 2017-0537
Attachment B: Baywide Planning District and Sub-District Map
Attachment C: Draft Land and Water Use Designations Table
Attachment D: Draft Glossary of Commonly Use Terms
Attachment E: BPC Policy No. 725, Transition Zone Policy
Attachment F: Port Master Plan Update Public Engagement Timeline and Drafting Process