RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT, AND ADOPTING FINDINGS OF FACT, AND
STATEMENT OF OVERRIDING CONSIDERATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPTING THE GENERAL PLAN UPDATE (FILE NO. 2009-001) .
_______________________________________________________________ WHEREAS, the City of Pacifica desires to update its General Plan, last comprehensively updated in 1980, by adopting a comprehensive General Plan update, and also desires to adopt a new Sharp Park Specific Plan (collectively “Proposed Plans”); and
WHEREAS, City of Pacifica Planning Division is the Lead Agency for preparing the environmental review for the Project pursuant to the California Environmental Quality Act (CEQA) and for project approval; and
WHEREAS, the City of Pacifica Planning Division issued a Notice of Preparation of a draft environmental impact report (DEIR) on August 11, 2020, for the Proposed Plans, which was distributed in compliance with CEQA Guidelines Section 15082; and
WHEREAS, the City prepared the General Plan Update and Sharp Park Specific Plan Environmental Impact Report, State Clearinghouse No. 2012022046 for the Proposed Plans in accordance with Public Resources Code Section 21000 et seq. and CEQA Guidelines Section 15000 et seq.; and WHEREAS, on January 7, 2022 (with filing date by the State Clearinghouse on January 10, 2022), the City of Pacifica issued a Notice of Completion and Notice of Availability for the DEIR, which was distributed in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and
WHEREAS, on January 7, 2022, the City of Pacifica distributed copies of the DEIR to public agencies which have jurisdiction by law with respect to the Proposed Plans and to publicly accessible repositories including the Sharp Park and Sanchez branches of the Pacifica Library and invited comments on the DEIR in compliance with CEQA Guidelines Sections 15085, 15087, and 15105 and Public Resources Code Sections 21091 and 21092; and
WHEREAS, the 45-day minimum public review and comment period for the DEIR ran from January 7, 2022, through March 8, 2022; and
WHEREAS, written comments on the DEIR were collected and responses to comments (“RTC”) were considered in the revisions made to the DEIR to comprise the Final EIR (FEIR); and WHEREAS, the General Plan Update and Sharp Park Specific Plan Final Environmental Impact Report, State Clearinghouse No. 2012022046 was made available to the public on May 25, 2022; and
WHEREAS, the FEIR identified certain potentially significant adverse environmental impacts from the Proposed Plans and recommends certain mitigation measures regarding such effects; and
WHEREAS, the Proposed Plans would have significant and unavoidable effects on transportation, specifically related to increases in vehicle miles traveled (VMT), after implementation of identified mitigation measures; and
WHEREAS, the City Council finds that where more than one reason for approving the Proposed Plans and rejecting alternatives is given in its findings or in the record, and where more than one reason is given for adopting the Statement of Overriding Considerations, the City Council would have made its decision on the basis of any one of those reasons; and WHEREAS, the Planning Commission of the City of Pacifica did hold a duly noticed public hearing to consider the General Plan update on June 6, 2022, and at an adjourned special meeting on June 11, 2022, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference, and adopted Resolution No. 2022-014 recommending City Council certification of the FEIR, adoption of findings of fact, and statement of overriding considerations pursuant to CEQA by a vote of 5-0 (with two abstentions); and
WHEREAS, the City Council of the City of Pacifica did hold a duly noticed public hearing to consider the General Plan update at a special meeting on June 25, 2022, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pacifica does hereby find as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica hereby:
1. Concludes that it has independently reviewed, analyzed, and considered the FEIR, RTC, Findings, Statement of Overriding Considerations, MMRP and all written documentation and public comments prior to approval of the General Plan update and finds the FEIR, inclusive of the RTC, Findings, Statement of Overriding Considerations, and MMRP, reflect the City Council’s independent judgment and analysis.
2. Concludes that the FEIR, inclusive of the RTC, Findings, Statement of Overriding Considerations, and MMRP, constitutes substantial evidence, and also constitutes an adequate, accurate, objective, and complete document in compliance with all legal standards.
File No. 2009-001: General Plan Update
June 25, 2022
3. Concludes that the revisions made to the FEIR following public review of the DEIR simply provide minor clarifications and do not amount to substantial revisions requiring recirculation of the EIR pursuant to Section 15088.5 of the CEQA Guidelines.
4. Certifies the General Plan Update and Sharp Park Specific Plan Final Environmental Impact Report, State Clearinghouse No. 2012022046 in accordance with the California Environmental Quality Act.
5. Adopts the Findings of Fact, and Statement of Overriding Considerations in accordance with the California Environmental Quality Act, included as Exhibit A to this Resolution.
6. Adopts the Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act, included as Exhibit B to this Resolution.
7. Declares that the custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Planning Department of the City of Pacifica, 540 Crespi Drive, Pacifica, CA 94044.
8. Incorporates all maps and testimony into the record by reference.
BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica hereby:
1. Finds that the public health, safety, and general welfare are best served by adoption of the comprehensive General Plan update.
2. Approves the comprehensive General Plan update in the manner recommended by the Planning Commission.
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File No. 2009-001: General Plan Update
June 25, 2022
PASSED AND ADOPTED at a special meeting of the City Council of the City of Pacifica, California, held on the 25th day of June 2022.
AYES, Councilmember:
NOES, Councilmember:
ABSENT, Councilmember:
ABSTAIN, Councilmember:
______________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
EXHIBIT A
Findings of Fact, and Statement of Overriding
Considerations
General Plan Update and Sharp Park Specific Plan Final
Environmental Impact Report
State Clearinghouse No. 2012022046
EXHIBIT B
Mitigation Monitoring and Reporting Program
General Plan Update and Sharp Park Specific Plan Final
Environmental Impact Report
State Clearinghouse No. 2012022046