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HomeMy WebLinkAboutReso 19-1999 RESOLUTION NO. 19-99 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR TERRABAY PHASE II AND III WHEREAS, Sunchase Development Corporation ("Applicant") proposes to modify its approved entitlements and proceed with development of a residential project area (Terrabay Phase II) and a commercial project area (Terrabay Phase III) including: amendment of the Terrabay Specific Plan of 1996; approval of a Precise Plan for the Phase II Terrabay site; approval of vesting tentative and final subdivision maps for the Phase II and III sites; amendment of the Terrabay Specific Plan District in the Zoning Ordinance; amendment of the Development Agreement originally approved in 1988 and extended in 1996; approval of Covenants, Conditions, and Restrictions (CC&R's) for Phase II and III site components; design review for Phase II; and grading permits for the Phase I1 and III sites; and WHEREAS, the City determined that a Supplemental Environmental Impact Report ("EIR") was required to evaluate the proposed actions; and WHEREAS, a Notice of Preparation was prepared in August 1997, published in a newspaper of general circulation, and mailed to responsible agencies, public agencies having jurisdiction by law over natural resources affected by the project, and other interested parties; and WHEREAS, a Draft Supplemental Environmental Impact Report, dated July 1, 1998, was prepared for the project. A Notice of Completion was filed with the State Secretary of Resources State Clearinghouse (SCH No. 97-82077); and WHEREAS, the Draft Supplemental Environmental Impact Report was circulated for a 45-day public/agency review period beginning on July 1, 1998 and ending on August 14, 1998. Public notice of the availability of the Draft Supplemental Environmental Impact Report was published in a newspaper of general circulation and mailed to agencies and all property owners within 300 feet of the project boundaries. In addition, all persons who had requested notification were mailed a notice; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Draft Supplemental Environmental Impact Report on July 23, 1998. At this hearing, and through submitted written comments, the Planning Commission received comments on the Draft SEIR from the public, responsible agencies, other governmental and private organizations, as well as from City staff, and the Applicant; and WHEREAS, the City prepared responses to comments on environmental issues received during the public review period and at the public hearing, which responses clarify and amplify the information contained in the Draft Supplemental Environmental Impact Report, providing good faith reasoned analysis supported by factual information. The comments and responses to comments were published in a Final Supplemental Environmental Impact Report dated January, 1999, and were distributed to or otherwise made available to the Planning Commission, responsible agencies, and other interested parties; and WHEREAS, a staff report, dated February 4, 1999 and incorporated herein by reference, was prepared for Planning Commission review, which report described and analyzed the SEIR and the project; and WHEREAS, the Planning Commission held a duly noticed hearing on February 4, 1999, reviewed the Supplemental Environmental Impact Report, consisting of a Draft Environmental Impact Report, dated July 1998, and the Final Supplemental Environmental Impact Report, dated January 1999 and an errataIrevisions sheet dated January 29, 1999 and recommended that the City Council certify the SEIR; and WHEREAS, a staff report, dated February 10, 1999 and incorporated herein by this reference, was prepared for City Council review, which report further described and analyzed the SEIR; and WHEREAS, the SEIR is a Supplemental EIR to the two prior environmental impact reports prepared for the Terrabay Project: the 1982 Environmental Impact Report for the Terrabay Development Project (" 1982 EIR" and the 1996 Supplemental Environmental Impact Report for the Terrabay Specific Plan and Development Agreement Extension (" 1996 SEIR"). The SEIR is a Project EIR for both Phases II and III. The SEIR analyzes all potentially significant environmental effects resulting from proposed changes to the development proposed for Phases II and III from the project approved under the 1982 Specific Plan (as amended in 1996) and changes in environmental conditions under which the project would be undertaken from those analyzed in the 1982 EIR and 1996 SEIR. The 1998 SEIR does not re-analyze those impacts of the project that are not significantly different from the impacts previously analyzed in the 1982 EIR or 1996 SEIR; and WHEREAS, the SEIR incorporates by reference prior environmental assessments and environmental impacts reports certified for the project and related activities, such as approval of the San Bruno Mountain Habitat (conservation Plan (HCP) and issuance of the Section 10A Permit, as set forth in the Draft SEIR (p. 7); and WHEREAS, the SEIR contains an accurate and consistent project description. The project analyzed throughout the SEIR is that set forth in Chapter 2.3 project Description in the Draft EIR. The SEIR contains sufficient information about the project to allow the public and reviewing agencies to evaluate and review its environmental impacts; and WHEREAS, the SEIR includes a complete and adequate description of the existing environmental setting in the vicinity of the project from both a local and regional perspective; and WHEREAS, the SEIR identifies and describes the significant environmental effects, including direct, indirect and long-term effects, of the project and alternatives analyzed in the SEIR; and WHEREAS, the SEIR includes an analysis of significant cumulative impacts in compliance with CEQA; and WHEREAS, the SEIR adequately identifies and describes mitigation measures to reduce or avoid potentially significant environmental effects of the project and alternatives; and WHEREAS, the SEIR describes a reasonable range of alternatives to the project. The SEIR adequately evaluated the potential environmental impacts of each alternative, which supplemented the alternatives previously analyzed for the project in the 1982 EIR and 1996 SEIR; and WHEREAS, the SEIR adequately and completely analyzes potentially significant environmental impacts of the project and alternatives and sufficiently explains the reasons that potential significant environmental impacts are either less than significant, less than significant with the adoption of identified mitigation measures, or significant and unavoidable if there are no feasible mitigation measures which could reduce the impact to less than significant; and WHEREAS, the City Council has reviewed and considered the responses to comments in the Final SEIR and finds that they adequately and completely respond to all comments on environmental issues raised during the public and agency review period for the Draft SEIR; and WHEREAS, the City Council finds that is not adopting or approving the project at this time and, therefore, is not making any findings relating to project approval, including findings on the environmental impacts of and proposed mitigation measures for the project. Therefore, in certifying the Final SEIR, the City Council is neither approval nor adopting the statements of significant impacts, nor mitigation measures set froth in the Final SEIR. The City Council's findings on the significance of project impacts and adoption of mitigation measures will be made at the time of project approval. NOW THEREFORE, BE IT RESOLVED that the City Council has reviewed and considered the Supplemental Environmental Impact Report and finds that: 1. The foregoing Recitals are true and correct and made a part of this resolution. The SEIR was independently reviewed and analyzed by the City and reflects the independent judgment of the City as lead agency. Recirculation of the Final SEIR is not required because it does not contain any significant new information about the environmental effects of the project not contained in the Draft SEIR. Specifically, the Final SEIR: does not identify any new significant environmental impact that would result from the project or from any revised or new mitigation measures included in the Final SEIR; does not identify a substantial increase in the severity of environmental impacts of the project; does not set forth any feasible project alternative or mitigation measure considerably different from those analyzed in the Draft SEIR, 1996 SEIR or 1982 EIR. In particular, the Phase III Mitigated Plan Alternative is not considerably different than alternatives analyzed in the Draft SEIR, 1996 SEIR or 1982 EIR because it contains components which are similar to those in previously analyzed alternative, and the 1982 Specific Plan. Furthermore, the Phase III Mitigated Plan Alternative implements mitigation measures identified in the Draft SEIR and does not result in any new significant impacts not previously identified in the Draft SEIR. Any mitigation measures discussed in the Final SEIR only are clarifications or amplifications to mitigation measures already identified in the Draft SEIR, 1996 SEIR or 1982 EIR to address already identified impacts. The location and custodian of the documents which constitute the record of proceedings upon which the City' s decisions on the SEIR are based in the City of South San Francisco, Planning Division, 315 Maple Street, South San Francisco, California, 94080. NOW THEREFORE BE IT RESOLVED that the City Council hereby certifies the Supplemental Environmental Impact Report with the revisions attached hereto as complete, adequate, and in compliance with CEQA and the State CEQA Guidelines. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a SPECIAL meeting held on the 17th day of February, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Joseph A. Fernekes, Karyl Matsumoto and Eugene R. Mullin, and Mayor James L. Datzman None. Councilmember John R. Penna None. Ci~Clerk J:\WPDXMNRS W~405',35 LR ES O\ 1999\EIR_CRTF. 128 AUL:rja