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HomeMy WebLinkAboutReso - CC - 005-2019RESOLUTION NO. 005-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UPDATE OF THE BURLINGAME GENERAL PLAN; MAKING CERTAIN FINDINGS REGARDING MITIGATION MEASURES; MAKING CERTAIN FINDINGS REGARDING ALTERNATIVES TO THE UPDATE TO THE BURLINGAME GENERAL PLAN; AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN; ALL IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDS: WHEREAS, pursuant to the requirements of California Government Code Section 65300 et seq., the City of Burlingame has prepared and proposes to adopt a new general plan for the physical development of the City (the "Project"); and WHEREAS, the proposed General Plan establishes appropriate goals, objectives, policies, and programs to address such issues as land use; housing; economic development; community design, neighborhoods, and districts; transportation and circulation facilities and infrastructure; public facilities, services, and infrastructure; parks, recreation, and open space facilities and waterways; health and safety; youth and elderly services and facilities; education and community services and facilities; and natural, cultural, and historical resources; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.), the City Council of the City of Burlingame ("Council") is the lead agency for the Project, as the public agency with general governmental powers; and WHEREAS, the City of Burlingame, as lead agency, determined that a Program Environmental Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation ("NOP") identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations on August 2, 2017, with comments requested by September 1 , 2017 pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375. A total of five comment letters were received and are included in Volume 2 of the Draft EIR ("DEIR"). Relevant comments received in response to the NOP were incorporated into the DEIR; and WHEREAS, a public scoping meeting was held at the City of Burlingame on August 14, 2017 and input from the public providing direction and scope of the EIR was received; and WHEREAS, a DEIR was prepared for the Project in accordance with CEQA and the State CEQA Guidelines, where the City analyzed the Project's environmental impacts; and 1 RESOLUTION NO. 005-2019 WHEREAS, the DEIR was distributed for a 45-day public review period on July 3, 2018, with the comment period expiring on August 20, 2018; ten comment letters were received during the public comment period; the City prepared written responses to all comment received on the DEIR, and those responses to comments are incorporated into the Final EIR; and WHEREAS, the Final EIR ("FEIR") is comprised of the DEIR, and all appendices thereto, the comments and responses to comments, and the mitigation monitoring and reporting program; and WHEREAS, on October 12, 2018, the Response to Comments Document was made available to the public; and WHEREAS, the Planning Commission of the City of Burlingame held a public hearing to consider the General Plan Update, the Final EIR, and staff recommendations, on October 22, 2018, and notice of this Planning Commission hearing was provided through publication on October 11, 2018; and WHEREAS, the City Council of the City of Burlingame held public hearings to consider the General Plan Update, the Final EIR, and staff recommendations, on November 19, 2018 and January 7, 2019, and notice of these City Council hearings were provided through publication on November 8, 2018 and December 27, 2018 respectively; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the findings made in this Resolution are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings; and WHEREAS, the documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of the proceedings on which this Resolution is based are on file for public examination during normal business hours at the Planning Division located at City of Burlingame City Hall, 501 Primrose Road, Burlingame; and WHEREAS, the City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project; and WHEREAS, Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each 2 RESOLUTION NO. 005-2019 finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding and such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR; and WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project; and WHEREAS, a Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and WHEREAS, environmental impacts identified in the Final EIR as significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible mitigation measures identified in the Final EIR and set forth herein, are described in Table 2-1 of the DEIR, attached as Exhibit A and incorporated herein by this reference; and WHEREAS, environmental impacts identified in the Final EIR as significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible mitigation measures identified in the Final EIR and set forth herein, are described in Table 2-1 of the DEIR, attached as Exhibit B and incorporated herein by this reference; and WHEREAS, alternatives to the 2040 General Plan Update that might eliminate or reduce significant environmental impacts are described in Section 21 of the DEIR, and are incorporated herein by this reference; and WHEREAS, a discussion of the project benefits and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B, attached and incorporated herein by this reference; and WHEREAS, Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures, and the Mitigation Monitoring and Reporting Program is summarized in Table 2-1 of the DEIR, attached as Exhibit A and incorporated herein by reference; and WHEREAS, the City Council reviewed, considered, and has exercised its independent judgment on the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings and found that the 3 RESOLUTION NO. 005-2019 Final EIR is adequate and was prepared in full compliance with CEQA, and no comments or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Project under CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame, as follows: A. The Final EIR, which is on file in the office of the City Clerk of the City of Burlingame, is certified based on the following findings: 1. The Final EIR has been completed in compliance with the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 CCR § 15000 et seq. of the California Code of Regulations), and the applicable provisions in the City of Burlingame Municipal Code. 2. The Final EIR has been reviewed and considered by the Planning Commission and the City Council of the City of Burlingame prior to the City Council's rendering any decision regarding the approval or adoption of the proposed Update to the Burlingame General Plan. 3. The Final EIR reflects the City's independent judgement and has been found and determined by the City to be adequate to support the City's action on the proposed Update to the Burlingame General Plan. 4. Based on the City's review of the Final EIR, it has been determined that, subject to any modifications and mitigation measures described in the Final EIR and implemented through the Mitigation Monitoring and Reporting Plan, the proposed Update to the Burlingame General Plan may have a significant impact on the environment, and the City hereby adopts a statement of overriding considerations pursuant to Section 15093 of the State CEQA guidelines. 5. Pursuant to Section 15091 of the State CEQA Guidelines, the City's action with respect to the Update of the Burlingame General Plan shall be based upon and subject to the findings, conclusions, mitigation measures and statements set forth in the Statement of Overriding Considerations, attached as Exhibit B, whereby the City specifically finds that: a. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or b. Such changes or alterations are within the responsibility and jurisdiction of another public agency or agencies and not the City, and such changes should be adopted by such other agency or agencies; or 4 RESOLUTION NO. 005-2019 C. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR; as required by and pursuant to Section 15091 of the State CEQA Guidelines. B. Pursuant to Section 15019 of the State CEQA Guidelines, the City Council determines that any subsequent actions or approvals to implement the proposed Update to the Burlingame General Plan shall be based on and subject to the findings, conclusions, mitigation measures and statements set forth in the in Table 2-1 of the DEIR, attached as Exhibits A and B. C. This Resolution is effective upon its adoption. Donna Colson, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 7ch day of January 2019, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NONE NONE f 1-1