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HomeMy WebLinkAboutReso 65-1999 DraftRESOLUTION NO. ~ ~'- ~ ~ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ADOPT FINDINGS REGARDING SIGNIFICANT AND POTENTIAH.Y SIGNIFICANT IMPACTS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING PLAN FOR PHASE II OF THE TERRABAY DEVEI OPMENT WHEREAS, Sunchase G.A. Califomia I, Inc. ("Applicant") proposes to modify its approved entitlements and proceed with development of a residential project area ( Phase II) and a commercial project area (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 lli 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&Rs) for Phase II and III site components; design review for Phase lI; and grading permits for the Phase II and 11I sites; and WHEREAS, by letter, the Applicant asked the City to process Phase II prior to Phase lll; and WHEREAS, the City Council only considering recommending approval of the entitlements relating to the Phase II of the Terrabay Project at this time, therefore these findings on environmental impacts and mitigations only relate to Phase II Project ("Project"). Environmental findings on Phase Ill impacts and mitigations will be considered at the time the entitlements for Phase Ill are considered. WHEREAS, the City Council determined that a Supplemental Environmental Impact Report (SEIR) was required under the California Environmental Quality Act (CEQA) to evaluate the proposed actions; and WHEREAS, Phase II was reviewed in accordance with CEQA by the preparation and review of the SEIR, which report (the "1998-1999 SEIR") was certified by the City Council on February 17, 1999 (Resolution No. 19-99); and WHEREAS, based on the SEIR and other information in the record, there are certain significant and potentially significant environmental impacts of the Project which could be mitigated to a level of insignificance, therefore mitigation findings are required pursuant to CEQA {}21081 and CEQA Guidelines § 15091 upon Project approval (Exhibit A); and WHEREAS, based on the SEIR and other information in the record, there are impacts of the Project which are not environmentally significant and which require no findings or mitigation upon Project approval (Exhibit A - Less Than Significant Impacts); and CENTRALRECORDS WHEREAS, the SEIR, as a supplement to the 1982 EIR and 1996 SEIR, did not reanalyze impacts of the Project which were not significantly different from Project impacts analyzed in the 1982 EIR and 1996 SEIR. No further analysis of these impacts was required because the Project did not present any new significant environmental effects or a substantial increase in the severity of previously identified significant effects in these areas (Public Resources Code {}21166; CEQA Guidelines § 15163). Therefore, mitigation findings pursuant to CEQA §21081 and CEQA Guidelines §15091 are made for each of these impacts previously analyzed in the 1982 EIR and 1996 SEIR, and not reanalyzed in the SEIR (Exhibit C); and WHEREAS, based on the SEIR and other information in the record, there are significant and potentially significant environmental impacts of the Project which could not be mitigated to a level of insignificance, therefore the alternatives to the Project were examined to determine if they would avoid any of the unmitigated significant impacts (Exhibit B); and WHEREAS, based on the SEIR and other information in the record, there are significant and potentially significant environmental impacts of the Project which could not be reduced to a level of insignificance, therefore a Statement of Overriding Considerations is required upon Project approval (Exhibit B); and WHEREAS, CEQA §21081.6 requires that where mitigation findings are made for significant and potentially significant environmental impacts, a mitigation monitoring program shall be adopted upon Project approval to ensure compliance with the mitigations during Project implementation (Exhibit D); and WHEREAS, the location and custodian of the documents which constitute the record of proceedings upon which the City's decision on Phase II entitlements relating to the SEIR is the City of South San Francisco Planning Division, 400 Grand Avenue, South San Francisco; and WHEREAS, the mitigation measures identified in the SEIR will be applied as conditions of Project approval. WHEREAS, on March 18, 1999, following a properly noticed public hearing, the Planning Commission of the City of South San Francisco recommended that the City Council adopt these findings regarding the Significant and Potentially Significant Impacts, a Statement of Overriding Considerations and a Mitigation Monitoring Program for Phase II of the Terrabay development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby adopts the following relating to Phase II of the Terrabay Project only: The impact and mitigation findings, and mitigation measures identified in Exhibits A and C. Adopt the mitigation measures identified in Exhibits A and C as conditions of Project approval. The Statement of Overriding Considerations and Findings Regarding Alternatives in Exhibit B. 3. The Mitigation Monitoring Plan in Exhibit D. The following Exhibits, attached hereto, are hereby incorporated by reference. Exhibit A: Findings Conceming Significant Impacts and Mitigation Measures and Less Than Significant Environmental Impacts Exhibit B: Statement of Overriding Considerations and Findings Regarding Alternatives Exhibit C: Findings on Impacts and Mitigation Measures From 1982 EIR and 1996 SEIR Not Further Analyzed in 1998 SEIR Exhibit D: Mitigation 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 regular meeting held on the 14th day of April, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk J:\wpd~am'sw'~,O5X35~reso\ 1999~findings. 323.doc AUL:rja 61