1 RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CERTIFYING A
FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTING FINDINGS, A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE PACIFICA SCHOOL DISTRICT WORKFORCE HOUSING PROJECT TO CONSTRUCT 70 RESIDENTIAL UNITS AT 930 ODDSTAD BOULEVARD (APN 023-672-600) (FILE NO. 2020-009)
________________________________________________________________ Initiated by: Pacifica School District (“Applicant”)
WHEREAS, the Pacifica School District (“Applicant”) has submitted an application for construction of a 70-unit residential development including a property management office, residents’ commons building, and public restroom/changing facilities located at 930 Oddstad Boulevard (APN 023- 672-600); removal of three heritage trees; a division of land into three individual lots; a development agreement with certain public and developer benefits, including use of playing fields; a rezoning to change the zoning classification to the P-D Planned Development District; and a Development Plan and a Specific Plan to insure the proper orientation, design character and compatibility of the construction of 70 residential units across seven buildings, a property management office, residents’ commons, and public restroom and changing facility (“Project”); and
WHEREAS, the Project would require City Council approval of Rezoning RZ-205-20 to change the zoning classification of the Project site from R-1 (Single-Family Residential) to P-D (Planned Development) zoning district to allow site specific development standards; upon approval of the proposed Rezoning to the P-D (Planned Development) zoning district, Development Plan DP-81-20 pursuant to Pacifica Municipal Code (“PMC”) Section 9-4.2203 to establish permissible uses and development standards for the Project site; and, Development Agreement DA-3-20 to provide for public and developer benefits resulting from negotiations between the City of Pacifica (“City”) and Applicant (collectively, the “Legislative Approvals”); and
WHEREAS, the Planning Commission of the City of Pacifica adopted Resolution No. 2023-006 recommending City Council approval of the Legislative Approvals on March 20, 2023, and separately certified a final environmental impact report (“EIR”) including a mitigation monitoring and reporting program (MMRP), findings of fact, and statement of overriding considerations and approved certain development permits including Specific Plan-173-20, Vesting Tentative Subdivision Map SUB-248-20, and Heritage Tree Removal Authorization to authorize construction and operation of the Project; and WHEREAS, the City determined that the Project required the preparation of an EIR, pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Sections 15000 et seq. of the California Code of Regulations; “CEQA Guidelines”); and WHEREAS, the City prepared a Draft EIR dated November 2022 to consider, identify and analyze all potential environmental impacts of the proposed Project (State Clearinghouse No. 2021100457), which concluded that the Project could result in potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, Transportation and Traffic, and that all the potentially significant impacts of the Project, with the exception of Transportation and Traffic, can be avoided or reduced to insignificance with implementation of mitigation measures; and 2 WHEREAS, the City provided notice of the availability of the Draft EIR and the City made the Draft EIR available for a 45-day review and comment period that ran from November 23, 2022, to January 9, 2023; and
WHEREAS, the City received one written public comment and no agency comment letters during the Draft EIR public review period; and
WHEREAS, the City prepared written responses to the comment received during the comment period, which together with revisions to the Draft EIR and the MMRP constitutes the Final EIR; and WHEREAS, no significant new information has been added to the EIR after public notice of the availability of the Draft EIR or added or modified in the Final EIR, under CEQA Guidelines section 15088.5. The additional information and modifications that have been provided do not show (1) a new significant environmental impact, (2) a substantial increase in the severity of an environmental impact, (3) that a feasible project alternative or mitigation measure would clearly lessen the significant impacts of the Project, but that the developer declines to adopt it, or (4) that the Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comments are precluded.
The EIR mitigation measures are incorporated in the Final EIR for the Project to avoid or substantially lessen significant environmental effects. Therefore, no further analysis is required and there is no need to recirculate a revised EIR for further review and comment; and WHEREAS, the Draft EIR found that the project would result in significant and unavoidable environmental impacts related to vehicle miles traveled generated by the Project and, therefore, a Statement of Overriding Considerations describing public benefits from the Project that would outweigh the potential significant environmental impacts of the Project has been prepared; and WHEREAS, the City provided notice of the City Council’s intent to hold a public hearing to consider the EIR, Findings of Fact, Statement of Overriding Consideration, and MMRP and approval of the Project, as required by law by publishing a Notice of Public Hearing in the Pacifica Tribune on April 12, 2023, and by mailing the Notice of Public Hearing to 348 surrounding property owners, occupants and interested parties on April 13, 2023; and
WHEREAS, the City Council has read and considered the Final EIR and MMRP prior to making its decision to approve the Legislative Approvals; and
WHEREAS, the City Council held a duly noticed public hearing on April 24, 2023, 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 finds as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings herein, the City Council relied upon and hereby incorporates by reference all correspondence, oral and written staff reports, public comments and other related materials.
3 BE IT FURTHER RESOLVED that the City Council of the City of Pacifica does hereby take the following actions with respect to the Final EIR:
1. The City Council finds that the Final EIR for the Project was presented to the City Council, that the Final EIR was prepared, published, circulated, reviewed and completed in full compliance with State law and CEQA Guidelines, that there was adequate public review of the Draft EIR, that it has considered all comments on the Draft EIR and responses to comments, that the Final EIR adequately discusses all significant environmental issues , and that the Final EIR reflects the independent judgment and analysis of the City Council. The City Council further certifies that it has reviewed and considered the information in the Final EIR.
2. The City Council finds that the information added in the Final EIR does not constitute significant new information requiring recirculation, but rather that additional information clarifies or amplifies an adequate EIR.
3. The City Council hereby certifies the Final EIR for the Project.
4. Pursuant to CEQA section 21081.6 and CEQA Guidelines section 15091, and in support of its approval of the Legislative Approvals, the City Council has reviewed and considered the CEQA Findings of Fact and Statement of Overriding Considerations for the Project, attached hereto as Exhibit A incorporated herein by reference, finds that such Findings of Fact are supported by substantial evidence and adopts the Findings of Fact and Statement of Overriding Considerations.
5. Pursuant to CEQA Section 21081.6 and CEQA Guidelines section 15091 and in support of its approval of the Legislative Approvals, the City Council has reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) that requires all mitigation measures described in the Final EIR be implemented by means of Project conditions, agreements or other measures, as set forth in the MMRP, attached hereto as Exhibit B and incorporated herein by reference. The City Council hereby adopts the MMRP.
6. The record of proceedings is available for review by responsible agencies and interested members of the public during normal business hours at the Planning Department, 540 Crespi Drive, Pacifica, CA 94044. The custodian of these documents is the Planning Department of the City of Pacifica.
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4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of April 2023.
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_____________________________
Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 4854-7367-1518 v1
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations 4854-7367-1518 v1
[Page Intentionally Blank]
4854-7367-1518 v1
EXHIBIT B
Mitigation Monitoring and Reporting Program (MMRP)