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HomeMy WebLinkAboutReso 135-1997RESOLUTION NO. 135-q7 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE BAY WEST COVE PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR SAID PROJECT AND APPROVING A MITIGATION AND MONITORING FOR SAID PROJECT WHEREAS, an Environmental Impact Report has been prepared in accord with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City of South San Francisco Guidelines for the Implementation of CEQA; and, WHEREAS, the EIR has been prepared to address the environmental effects of the Bay West Cove Specific Plan, associated General Plan Amendments and rezoning of a portion of the site, Owner Participation Agreement, Development and Disposition Agreement, and a Precise Plan;; and, WHEREAS, the Final Bay West Cove EIR consists of the Draft EIR including the attachments thereto, the comments and responses to comments made on the Draft EIR, and the Mitigation and Monitoring Program; and, WHEREAS, the Draft EIR was circulated for a 45 day public review period and a notice of its availability was published in a local newspaper; and. WHEREAS, the Draft Environmental Impact Report reviewed and analyzed the following potential environmental impacts: Land Use, including the existing and proposed setting of the site and consistency with land use regulatory policies and program; Visual Conditions, including existing aesthetic conditions, applicability of appropriate regulatory policies and anticipated aesthetic conditions of the proposed project; Transportation and Circulation, including anticipated impacts to local streets and roadways and adjacent freeway interchanges, including cumulative traffic projections; Air Quality, including anticipated emissions of pollutants related to the project and comparison with state and federal air quality standards; o Noise, including both short-term construction noise and long-term operational noise; o Earth, including seismic and geotechnical impacts of the proposed project; Human Health, including the stares of site clean-up under the approved Remedial Action Plan; Hydrology and Water Quality, including potential impacts related to drainage, localized flooding and water quality; Biological Resources, including possible project-related impacts to plant or animal life; Cultural Resources, including potential impacts to historic, prehistoric, paleontological or other cultural resources; Public Utilities, including electrical and natural gas service, communications, water, wastewater and solid waste generated by the proposed project; Public Services, including police, fire and emergency services, schools and maintenance of public facilities; Open Space and Recreation, including existing recreational facilities and opportunities within the project area and the potential demand for additional parks created by the project; Geology and Seismicity, including the potential for groundshaking, ground rupture and related earth hazards; Population and Housing, including increases in population, employment and housing demand created by the proposed project, o Alternatives to the proposed project; o Cumulative impacts; and WHEREAS, a Final EIR was prepared, including responses to comments received on the Draft EIR, and sent to all federal, state, regional, local and other agencies and individuals from which comments on the Draft EIR were received; and WHEREAS, the City Council, having reviewed and considered the information considered in the Draft and Final EIRs, finds that certain specific economic, social or other considerations make infeasible the project alternatives, with the exception of the preferred alternative in that: A. The "No Project" alternative, required for analysis under the California environmental Quality Act, involves maintaining the site in its existing condition, which would include remediation from hazardous and potentially hazardous materials, but would not involve any new construction. The community would not, therefore, benefit from new retail commercial and lodging opportunities, construction-related employment, long-term employment, additional tax revenues and community amenities which are proposed to be financed by the proposed project. B. The Reduced Development Alternative, identified in the EIR would include primarily retail commercial uses at a lower land use intensity than the preferred alternative and without the lodging component. Implementation of this alternative would not allow the project site to reach the full development intensity allowed by the General Plan nor would anticipated environmental impacts be reduced in any significant manner. The feasibility of constructing the Bay Trail link through the site could be jeopardized through changed project economics. C. The Off-Site Alternative would include development of the project on another site in another City, which has been identified as the Koll Center/Sierra Point Business Park in the City of Brisbane. Impacts related to the alternative site would not be reduced to any significant degree from the preferred alternative. WHEREAS, the Planning Commission has reviewed and carefully considered the information contained in the EIR at a duly noticed public hearing held on November 20, 1997, and recommends its certification as an objective and accurate document on the basis that it reflects the independent judgment of the City in the identification, discussion, and mitigation of the project's environmental impacts; and WHEREAS, the required findings, attached hereto as Exhibit A and made a part hereof, can be made for each of the significant effects, which effects have been mitigated to a level of insignificance because changes or alterations have been required in, or incorporated into the project, which avoid or lessen its significant environmental effects; and WHEREAS, a Mitigation Monitoring and Reporting Plan has been prepared in accord with Public Resources Code 21881.6; and WHEREAS, the proposed mitigation measures for air quality and transportation cannot reduce these two impacts to an acceptable level; and WHEREAS, the required findings of Section 15091 of the State CEQA Guidelines can be made for each of the project's significant environmental effects, which effects cannot be reduced to an acceptable level, with regard to air quality and transportation impacts; and WHEREAS, the project cannot be approved unless a Statement of Overriding Considerations is approved for the impacts to air quality and transportation as follows: The project would generate 667 full-time equivalent jobs at full build out of the project, thereby improving the City's jobs/housing balance and providing economic benefit to the City; and The project is expected to generate approximately $1.3 million in sales taxes and approximately $900,000 in Transient Occupancy Taxes per year to the City at project build out. The project also increases tax increment monies to the Redevelopment Agency which will be used in part to improve traffic circulation in the Project. 3 o Development of the project site pursuant to a Specific Plan would ensure that it occurs in a comprehensively planned, controlled and interrelated manner, rather than on a piecemeal basis. The project site is currently underutilized and designated for Planned Cornrnercial and Planned Industrial uses by the City's General Plan. The proposed project would fulfill the pertinent goals and objectives of the General Plan. As a part of the proposed project, the project developer has proposed to construct a link of the region-wide Bay Trail adjacent to San Francisco Bay in front of the Bay West Cove project; and WHEREAS, the contribution of the project in meeting or achieving the goals and objectives of the General Plan as described above outweigh its unavoidable, adverse impacts; and WHEREAS, the Planning Commission recommends that the City Council concur with the above findings and Statement of Overriding Considerations NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the Bay West Cove Environmental Impact Report as adequate, based upon the required findings, and approves the Statement of Overriding Considerations, and approves the associated Mitigation and Monitoring Plan. 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 rogul ar meeting held on the day of December , 1997 by the following vote: AYES: Councilmemb~.sr ,]am~..q I. Ilatzman, ,lnqpph A. Karyl Matsumoto and Mayor Euqene R. Mullin NOES: None ABSTAIN: None ABSENT: Councilmember dohn R. Penna. Fprnokoq, City Clerk J:\WPD\MNRSW\405\01\RESO\EIRRES.DOC RESOLUTION NO. 135-97 Exhibit A Bay West Cove Environmental Impact Report EIR Findings Findings for Environmental Impact Reports are required by Section 15091 of the California Environmental Quality Act, and are made for each significant effect identified in the EIR for the Bay West Cove project. Significant unavoidable environmental impacts for which a Statement of Overriding Considerations are included in the Certification Resolution for the EIR. At least one of the following findings must be made for each significant project impact: 1) Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect; or 2) The Lead Agency lacks jurisdiction to make the change, but another agency does have such authority; or 3) Specific economic, social, or other considerations make infeasible the mitigation measure or project alternatives identified in the Final EIR. Visual Conditions Impact Construction of proposed new uses could result in substantially obstructing public views and view corridors, and be would be inconsistent with East of 101 Policy DE-17, requiring that loading docks and service areas be located at the rear or side of development. Also, proposed loading docks and service areas within future development could face the Bay and be inconsistent with efforts to provide a visual pleasing open space band and pedestrian path adjacent to the Bay. Finding Changes or alterations have been required in, or incorporated into the project, which avoid or substantially lessen the environmental effect. Basis The Specific Plan text has been changed add a design standard requiring loading docks and related service areas to be located on a side of future buildings facing away from the Bay. Bay West Cove EIR Exhibit A-EIR Findings Page 2 Transportation and Circulation Imp_ ac~ Construction of the proposed project would result in a decline in Level of Service below a Level of Service D for the following intersections for the Year 2000: Bayshore Freeway (US 101) off- ramp, Airport Blvd./Sister Cities/Oyster Point and Oyster Point/Gateway. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure has been incorporated into the EIR to require the applicant to pay a fair share fee based on the project's contribution to increased traffic impacts at each of the above-named intersections. Air Quality Irnpac~ Construction of the proposed project would increase the amount of air-borne fugitive dust. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure would require adherence to a number of dust control measures as recommended by the Bay Area Air Quality Management District. These include frequent of watering of graded areas, limitation on vehicle speeds of construction equipment and stabilization of graded areas by revegetafion or similar means. Earth Existing soils on the project site are generally composed of uncompacted fill located on Bay Mud, which could result in differential settlement when buiIdings or other loads are placed on the site. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Mitigations imposed on the project include completion of a detailed site geotechnic investigation and adherence with specific engineering recommendations identified by the soils engineer in the investigation to avoid impacts related to existing fill. Specific construction measures could include special foundation design, special structural construction, compaction of existing material and other features. Bay West Cove EIR Exhibit A-EIR Findings Page 3 Imp_ att The project site could be subject to lateral spreading u4ggered by strong seismic activity such as ground shaking or liquefaction. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis The measure required to mitigate uncompacted fill (above) will also mitigate lateral spreading potential. Impact The project site could be subject to liquefaction, which is defined as a loss of shear strength in fine granular, saturated soil. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis The measures required to mitigate lateral spreading potential and uncompacted fill soils would also mitigate potential impacts related to liquefaction. Human Health Impact On-site construction activities could expose sensitive receptors, such as construction workers and future employees and visitors to the site to unacceptable hazards, such as airbome particulates, dermal contact and/or contact with contaminated water. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Adherence to the site Clean Up Order and the associated Health and Safety Plan will reduce the impacts related to exposure of sensitive receptors to hazardous materials. The Health and Safety Plan contains standards for training of on-site workers, dust suppression and recordation of deed restrictions where remediated materials are deposited. Hydrology and Water Quality Impact Excavation associated with proposed project development could demolish an existing drainage culvert crossing the eastern pon/on of the site. This would have the effect of interrupting the Bay West Cove EIR Exhibit A-EIR Findings Page 4 discharge of storm water south of the site and would contribute to the flooding of Oyster Point Boulevard. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure would require that the existing culvert be connected with the project drainage system to ensure proper site drainage that no flooding to Oyster Point Boulevard would therefore Occur. Impact Implementation of the proposed project is expected to increase the mount of storm water runoff from the site, increasing the discharge of non-point source pollutants and contributing to cumulative water quality degradation. Additional storm water flows from the site could also have negative effects on the man-made marsh in the slot. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Mitigation measures have been imposed on the project to ensure that Best Management Practices will be employed to reduce non-point source pollution to acceptable levels. Best Management Practices will be listed in a Stormwater Pollution Prevention Plan which will be submitted by the applicant prior to issuance of grading permits. Impac[ The project could cause significant localized flooding and degradation of water quality. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Mitigations are included in the EIR to require that the project drainage system be designed to accommodate storm water mn-off with an overland release flow from Gateway Blvd./Oyster Point Blvd. if the storm drain system becomes blocked. Other mitigations will serve to reduce degradation of water quality to acceptable levels. Biological Resources .Impact Implementation of the proposed project could disturb wildlife foraging and nesting activities within the wetlands area located within the "slot" portion of the site. Bay West Cove EIR Exhibit A-EIR Findings Page 5 Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure has been recommended to require the construction of a three to four foot tall mesh fence within the band of native plants to surround the slot. This will limit the intrusion of unleashed dogs and other human activity within wetland areas. Cultural Resources Impact Implementation of the proposed project could disturb unknown cultural artifacts and resources as part of construction, although preliminary indications are that no such significant resources exist on the project site. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Mitgafion measures have been imposed on the project to ensure that any cultural resources discovered during project construction will be protected and any impacts reduced to a less-than- significant level. Utilities Imp_ a~t Implementation of the proposed project would increase current dry weather flows to the City's Water Quality Control Plant, which is presently operating under a Cease-and-Desist Order issued by the Regional Water Quality Control Board. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure would require that the project applicant coordinate with the City's Public Works Department to ensure that the phasing of the Bay West Cove project, and associated demand for increased wastewater treatment capacity, is in harmony with the planned improvements to the water quality control plant. This will ensure that wastewater flows from the project can be adequately accommodated by the plant. Impact Construction of the project could overcommit the treatment capacity of the WQCP, resulting in only partially treated effluent discharges. Bay West Cove EIR Exhibit A-EIR Findings Page 6 Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis The mitigation proposed for the impact above will also mitigate this impact as well. Impact Development of the proposed project could place an undue burden on aging wastewater collection facilities in the vicinity of the project, specifically the Harbor Way sewer line and nearby pumping station. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis A mitigation measure has been imposed on the project to ensure that the project developer pay a fair share of upgrading the Harbor Way sewer line and pump station. Imp_act Construction of the proposed project and other planned projects in the East of 10! Area could result in cumulative impacts to the City's wastewater treatment system. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Previous mitigation contained in the EIR would reduce this impact to a level of insignificance. Public Services Impact Implementation of the proposed project would increase the need for additional police resources to provide protection to the project Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basis Mitigation measures have been imposed on the project to provide for the submittal of a Safety and Security Plan by the applicant as well as for the applicant to provide funds to purchase one-half of a new police vehicle. The Safety Plan would include design features to be incorporated into each precise plan, coordination between the South San Francisco Police Department and private security forces and other measures as identified by the Police Department. Bay West Cove EIR Exhibit A-EIR Findings Page 7 The proposed cost to maintain the Bay Trail linkage through the project could result in a significant impact. Finding Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the environmental effect. Basi~ A mitigation has been imposed on the project to ensure that trail maintenance through the Project be the responsibility of the project developer.